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HomeMy WebLinkAboutCity Council - 12/17/1996 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 17, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Barbara Anderson PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION TO COUNCILMEMBER PATRICIA PIDCOCK DONATION FROM ELAINE JACQUES FOR RILEY/JACQUES HOMESTEAD I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, NOVEMBER 26, 1996 B. JOINT CITY COUNCIL/BOARD OF ADJUSTMENTS & APPEALS MEETING HELD TUESDAY, DECEMBER 3, 1996 C. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 3, 1996 D. TRUTH IN TAXATION HEARING HELD WEDNESDAY, DECEMBER 4, 1996 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA December 17, 1996 Page 2 B. CAMP EDENWOOD by Friendship Ventures. Approval of a Developer's Agreement for Camp Edenwood. Location: 6350 Indian Chief Road. C. ADOPTION OF RESOLUTION RELATING TO AMENDMENTS TO THE SUBURBAN TRANSIT ASSOCIATION JOINT AND COOPERATIVE AGREEMENT D. APPROVAL OF 1996 SNOW AND ICE CONTROL POLICY E. AUTHORIZE REMOVAL OF THE BARN ADJACENT TO MARILYN SCHOONOVER HOME WITHIN EDENBROOK CONSERVATION AREA F. RESOLUTION AWARDING 1997 MATERIALS BID, I.C. 97-5428 G. RESOLUTION APPROVING FINAL PLAT FOR BENT CREEK COVE (located south of Valley View Road west of Howard Lane) H. RESOLUTION APPROVING FINAL PLAT FOR LOTHENBACH ADDITION (located within the Bearpath Project) I. RESOLUTION APPROVING CONSTRUCTION PLANS AND SET BID DATE FOR CSAH 4/EDEN PRAIRIE HIGH SCHOOL ENTRANCE PROJECT, I.C. 96-5404 J. RESOLUTION APPROVING INFORMAL PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES FROM SRF FOR FLYING CLOUD DRIVE/SHADY OAK ROAD INTERSECTION IMPROVEMENTS K. APPROVE DISSOLVING THE EDEN PRAIRIE COMMUNITY NEEDS & RESOURCE COUNCIL AND APPROVE CITY'S PARTICIPATION IN THE EDEN PRAIRIE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL V. PUBLIC HEARINGS/MEETINGS A. BEARPATH 7TH ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres, Planned Unit CITY COUNCIL AGENDA December 17, 1996 Page 3 Development District Review on 28.75 acres, Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from December 3, 1997 B. EDEN PRAIRIE MALL EXPANSION by General Growth Properties, Inc. Request for Planned Unit Development Concept Review on 87.13 acres and request of the City Council and Housing & Redevelopment Authority to Create Redevelopment Project No. 5 and Approve the Redevelopment Plan Relating Thereto and Creating Tax Increment Financing District No. 13 and Approve the Tax Increment Financing Plan Relating Thereto. Location: Eden Prairie Mall at Highway 169 and Prairie Center Drive. (Resolution for PUD Concept Review) C. BEARPATH 8TH ADDITION by Ron Clark Construction. Request for PUD Concept Amendment on 2.3 acres of the overall 420 acre Bearpath PUD, PUD District Review on 2.3 acres, Zoning District Change from RM-6.5 to R1-13.5 on 2.3 acres, and Preliminary Plat of 2.3 acres into six single family lots. Location: East of Bearpath Trail South, west of Dell Road and south of Hennepin County Regional Rail Authority. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) D. VACATION 96-10: DRAINAGE AND UTILITY EASEMENT IN LOTS 14 AND 15, BLOCK 5, BEARPATH SECOND ADDITION (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. 1ST AND 2ND READING TO AN ORDINANCE AMENDING CITY CODE SECTION 4.04, SUBD. 1, AND SECTION 4.05, SUBD. 3 RELATING TO INVESTIGATION AND GRANTING OF LIQUOR LICENSES VIII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL AGENDA December 17, 1996 Page 4 A. PETITION FROM RESIDENTS IN WYNDHAM KNOLL NEIGHBORHOOD FOR DEVELOPING TRAIL SYSTEM IN THE EDENBROOK CONSERVATION AREA IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. HERITAGE PRESERVATION COMMISSION - One appointment to fill a vacancy on the Heritage Preservation Commission for a term to expire March 31, 1999 B. COMMUNITY RESOURCE CENTER ADVISORY COUNCIL - Appointment of one Councilmember for a one-year term, and one staff member to a two-year term Xl. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying the Tax Levy Collectible in 1997 and Adopting the 1997 Budget for the General Fund Operations, Equipment Revolving Fund Expenses, and Debt Service Obligations 2. Resolution Adopting the 1997 Local Transit Services Tax Levy 3. Action on Senior Issues Task Force Report C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Approve Concept Plan for the Renovation of Staring Lake Playground D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS CITY COUNCIL AGENDA December 17, 1996 Page 5 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT EDEN PRAIRIE CITY COUNCIL AGENDA DATE: December 17, 1996 SECTION: ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development DONATION FOR RILEY/JACQUES HOMESTEAD Chris Enger John Gertz Requested Council Action: The Staff recommends that the Council take the following action: Approve the donation of five thousand dollars to the City by Elaine Jacques for the purpose of restoration of the Riley-Jacques farm granary building, and agrees to the following conditions elaborated in her donation offer: 1. The restoration of the roof and other repairs necessary to ensure the building integrity be replaced in 1997. 2. If this basic restoration as described above costs more than $5,000, the City will cover those costs. 3. If the restoration as described above costs less than $5,000, the balance of this donation will remain in a separate fund for future improvements to the granary. Background: The Riley-Jacques farm granary building was built in 1890 and along with the house is all that remains of the original nineteenth century farm. The granary was evaluated by the HPC in 1995, determined to be in good condition,but in need of a new roof and other repairs. The granary represents an important element of the Riley- Jacques farmstead. For additional information on the granary see attached Staff memo dated December 10, 1996. Supporting Documents: 1. Letter from Elaine Jacques dated December 9, 1996. 2. Memorandum from John Gertz dated December 10, 1996. December 9, 1996 Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 SUBJECT: Donation for the Riley/Jacques Homestead Dear Mayor and City Council Members: As a longtime resident of the City of Eden Prairie, and former owner of the Riley/Jacques homestead, I am very interested in seeing this homestead site preserved. I am aware the City has already invested in some preservation efforts to the barn and the house,however, I am concerned about the condition of the grainary. I would like to donate $5,000 for the restoration of the grainary on the following conditions: 1. The restoration of the roof and other repairs necessary to ensure the building integrity be replaced in 1997. 2. If this basic restoration as described above costs more than $5,000 the City will cover those costs. 3. If the restoration as described above costs less than $5,000,the balance of this donation will remain in a separate fund for future improvements to the grainary. If the City Council is willing the accept the conditions of this gift, it will be made prior to December 31, 1996. Thank you for your consideration of this donation. I appreciate the effort the City is making to maintain some Eden Prairie's history and continue to support the restoration improvements you are making to the Riley/Jacques homestead. Sincerely, 2;1 9 ‘?'67A--6-`—/ Elaine Jacques 2 MEMORANDUM TO: Mayor and City Council THROUGH: Chris Enger,Director of Community Development FROM: John Gertz,Historic Preservation Specialist DATE: December 10, 1996 SUBJECT: Donation for Restoration of the Granary at the Riley-Jacques Farm BACKGROUND Elaine Jacques, former owner and occupant of the Riley-Jacques farm has made a generous offer to donate five thousand dollars to the City. Elaine has provided some conditions she feels are important regarding how the funds are used(attached). Specifically, she wants the City to apply the donated funds toward restoring the historic granary building at the Riley-Jacques farm. Tellus Consultants surveyed and documented the historic farmstead in July, 1992. Seven buildings were documented. The Heritage Preservation Commission evaluated the buildings in 1995 and 1996, and recommended the removal of three buildings due to dilapidation. The four remaining buildings found to be in good condition are the barn, garage,house and granary. The house and granary represent the only extant features from the original nineteenth century farm. The granary was built in 1890 and includes shed wing additions and corn crib. A 1995 HPC report recommended the following rehabilitation work: • Cedar shingle roofing and repair or replacement of roof supporting structural wood. • Repair or replacement of other structural wood. • Repair or replacement of sliding doors for functionality. • Repair of gable window • Painting Elaine Jacques request is that donated funds be earmarked for restoration of the granary roof. The above remaining restoration items will be handled as funding permits. Restoration of the granary could begin this summer along with the removal of dilapidated buildings, and together would greatly enhance the historic farmstead and adjacent park. RECOMMENDATION Staff recommends the City Council consider the conditions Elaine Jacques has established concerning her donation, and direct City staff to secure cost estimates for the necessary repairs and restoration of the granary. Ms. Jacques asks that the roof restoration take place in 1997. If cost estimates exceed available City funds, the Council with Ms. Jacques approval, could set aside the donation for roof repair until the necessary funds are available. 3 ikAn UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL/STAFF WORKSHOP TUESDAY, NOVEMBER 26, 1996 7:00 p.m. CITY CENTER Heritage Room IV, 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ronald Case,Patricia Pidcock, Ross Thorfinnson, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl Jullie, Director of Human Resources & Community Services Natalie Swaggert, Director of Parks, Recreation and Facilities Bob Lambert, Jean Johnson, and Recording Secretary Barbara Anderson CALL TO ORDER The meeting began at 7:10 p.m. Councilmember Nancy Tyra-Lukens was excused. H. REPORT OF THE SENIOR ISSUES TASK FORCE TO CITY COUNCIL Present representing the Senior Issues Task Force were Betty Anderson, Co-Chair, Bill Jackson and Barb Buehl. Mayor Harris thanked the members of the Task Force and commended them for the work they did on Senior issues which should be highlighted and brought to the attention of the City Council. Case commented he believed the Task Force had functioned well together as a group and had uncovered a number of issues which needed to be considered when making decisions affecting the future of Eden Prairie. The group had done lots of brainstorming in an attempt to come up with some solutions and/or suggestions to these issues. The issue of how serious these problems will become if not planned for in the future was paramount on their minds when considering the importance of these issues. There could be about 10,000 seniors aged 65 and over by the year 2015. Case noted that the Task Force had incorporated current mortality rates to help with the projections. Lambert commented that if Eden Prairie did not build housing suitable to seniors it may be that people will sell their homes and move out of Eden Prairie. If people elect to stay in Eden Prairie these will be the figures that the City will have to deal with. Discussion ensued regarding the types of housing which would be most useful to seniors to move into assuming they were unable to remain in their own homes due to numerous levels, illness, etc. Lambert inquired if the City intended to plan for homes or facilities for seniors. Case responded that much of their report gave support to the idea of building for these residents; not so much as to attract seniors to move into Eden Prairie, but to provide a place where existing residents would be able to move so they could continue to reside in the I CITY COUNCIL WORK SESSION November 26, 1996 Page 2 community in which they have been living. This type of housing should be smaller and less expensive than the typical apartment or condominium unit presently being built in Eden Prairie. Case noted that perhaps some of the existing developments will be redone in the future and they will be building to suit whatever the market drives at that time. Elim Shores found it would be profitable to add an assisted living wing, and a study had been completed for them addressing this issue. Betty Anderson commented that seniors had been asked if they were financially"comfortable" and when analyzing the results of these questionnaires, it was found that some believed themselves to be better off financially than they really were. Some of these seniors could be short of resources if forced to move into other housing or incurred serious medical expenses. Case noted that gender would play a role in the independence issue of seniors because of the demand for services such as home repairs, transportation, etc. Many of the seniors will be women who will become frail as they age and unable to do these things themselves. He noted that people were also inclined to bring in their aging parents to have them close by, which also increased the senior population. If the City so chose, it could become"Senior Friendly" to keep the residents that live here in residence, but not necessarily to attract seniors from other areas to move here. He noted there were people who were on welfare, social security, and Medicare/Medicaid who might fall through the cracks. Harris inquired how these people continued to live independently, and Anderson responded that Senior Outreach seemed to be the best way to reach these people and get them in touch with the appropriate services. Discussion ensued regarding the best way to get this type of information to people who need it or would use it and it was believed that the best way to reach people was to keep publishing the number that had the resource information available. It was suggested that perhaps the Volunteer Coordinator position could be a way of keeping this information readily available. Thorfinnson commented that the Family Resource Center was a clearing house for everything and senior services were a part of this. He noted that the country will be filled with people who were outliving their resources and they will need to be considered in the future. Buehl discussed the housing component of the report, and noted that there were a lot of single family homes in Eden Prairie and a few apartments. One-level homes are more senior- friendly than two or three level homes, which have been the trend lately. She noted there would not be any more nursing homes built in Minnesota. Jackson stated they had looked at cluster homes in Shakopee, which range in price from $90,000 to $105,000, and were very attractive. If Eden Prairie wants to keep people living in Eden Prairie they need to make this kind of living available. Buehl stated these communities make it easy to age in place, and also contain a number of homes built which have the main living area on one level, but contain a full basement underneath that could be finished for additional living space. These homes have utilities located on the first floor, which make it easy for seniors to remain in their homes without having to require too much additional assistance. The Senior placement in homes program did not work and it was not convenient in this community. It might work better in other areas than here. Clustering housing which is designed for seniors might be a very economical way to go, as in-home health care providers 2 CITY COUNCIL WORK SESSION November 26, 1996 Page 3 would not have to drive long distances between clients. The Market Center area was suggested as a good location for senior housing, as it was close to medical facilities, shopping, and other retail outlets which would reduce the need for transportation. Harris inquired how a City would attract senior housing developers to build in Eden Prairie. Thorfinnson commented that perhaps the City would have to solicit developers to come into the City to build this type of housing. They may be able to use some of the CDBG dollars to buy down the land costs to make this type of development feasible and affordable. Density requirements could be lowered, standards could be relaxed and federal and state funds could be utilized for this purpose. The Metropolitan Council will force the City to have higher densities per acre in the future, and the Market Center is a good location for this higher density type of development. Harris commented that they need to find out what funds are available to help the City in this endeavor. Thorfinnson commented that the City has been banking its CDBG dollars to be used for future land buy-down but some of these were used for the Columbine development. Discussion ensued regarding possible sites for these projects which would be feasible and would attract seniors. It was noted that there were many residents who travel to Florida or Arizona for the winter months who are finding it harder and harder to travel, and wish to live here to remain close to their children. Anderson discussed the findings regarding the frail elderly, which was that it was best to let them age in place if possible. Transportation is a very difficult issue in Eden Prairie, but she noted they did not hear as many negative things about Dial-A-Ride as they had expected. The biggest problem is there are no convenient places to sit and wait for the ride bus to come. Electronic notification may be a way to do this in the future, as even seniors will have access to pagers and beepers. Case noted that transportation was a large concern and they have envisioned many needs that have to be addressed. Southwest Metro is considering implementing a circulator route to remedy some of these problems, and this would help a great deal. It was noted that funding for Metro Mobility may be canceled. Pidcock commented that Southwest Metro was looking at a north/south route making connections that will go through Maple Grove, Plymouth, Minnetonka, and Eden Prairie to help with transportation throughout the western suburbs. Many people live in Maple Grove and work in Eden Prairie, and this would be a way to provide transportation and lessen the impacts of additional cars on the roadways. She noted that health care needs require people to go outside of Eden Prairie and this service would also help with that problem. It was not necessarily the ultimate solution, but it might be possible to form coalitions and work with other cities to inform the health care providers of these problems and make their concerns known. Harris commented that the care of the elderly suffered in an HMO setting, but this problem was beginning to be addressed by health care providers. Anderson stated that as senior housing developments are constructed, vans could be used to provide transportation for residents to medical facilities and retail centers. There would be more and more of these implemented as the senior population increases. Thorfinnson commented that the City was using its very limited CDBG dollars to provide rides for disabled persons using a voucher system. This will not be very effective in meeting the needs of a growing population which will have to be addressed later on. Anderson commented that the City would have a need for a van with a lift for adaptive recreation programs and maybe CITY COUNCIL WORK SESSION November 26, 1996 Page 4 something could be done with this idea. Case commented that they were short of volunteers, and they had found no solution to this problem. If the City were to encourage neighborhood commercial development and convenience stores were scattered throughout the City it would facilitate the aging-in-place strategy. Legal and safety issues were discussed as pertained to the seniors and it was noted that the Police and Fire Departments had training in getting people with artificial joints out of vehicles which had been involved in crashes. The Volunteer Coordinator was thought to be the person to administer the Buddy System and the Medical Information Canisters program. The issue of how seniors are connected with meaningful opportunities was looked at and a possible solution would be some type of database, but this would have to be kept up to date. The Chore-Corps could be used but it is not active in the Cities. It was advised that a list of reliable contractors who had been checked out and were bonded and licensed, who could do chores for seniors,be kept on file. It was also possible that there would be some high school students who could help with raking leaves and other similar chores for seniors. Pidcock commented that the Chamber of Commerce Work Force Committee is trying to get a handle on the needs of the business community as there is a shortage of workers in this area. Someone from the Senior Issues Task Force should work with them to establish a fuller range of needs and she also believed that the City could be a role model in hiring seniors as part time workers. It was believed that technological advances should be implemented as much as possible because this will facilitate the aging-in-place process. The Senior Center has a web site and more seniors are becoming computer literate all the time. The role of government and its impact on seniors was discussed, and the Task Force concluded that every action the City took affected seniors in some way. They concluded it was not good to build walls between generations and this was one reason the Task Force did not make specific recommendations to the City on some of the issues. The seniors are changing as a group and more people with talents to share are being more outgoing and assertive. The Senior Center Advisory Board may be a resource for the City to use when looking for input from this age group. The Senior Center was discussed as a model and it was noted that it presently operates under the auspices of the Parks, Recreation, and Facilities Department. It was suggested that a breakdown of the time used on projects and the budgeted amounts were unclear. Case believed an exact costing out for the Senior Center was vital to getting a handle on its actual costs and a line item definition for expenses needed to be made. He also believed five to ten goals should be established and communicated to the City. The position of supervisor needed to be defined and grown to reflect the reality of the situation. There could be more activities and more facility plans and trips and dinners and events scheduled. The position could become more a Director of Senior Services position than a facilitator position. The Senior Center will have to determine what it wishes to become in the future because it can be so much more than just a means of providing "recreational" opportunities for seniors. Implementation needs to be part of the "re-thinking the model" program. Options could consist of re-convening the Senior Issues Task Force on a permanent basis like the Housing, q CITY COUNCIL WORK SESSION November 26, 1996 Page 5 Transportation and Social Services Board has been. The disbursement of the report of the Task Force needs to be determined. Discussion ensued regarding the Senior Center Advisory Board being involved with City government, and it was believed that this could be accomplished by appointing a representative from the Senior Center Advisory Board to the Housing, Transportation and Social Services Board, which would provide input from seniors regarding those issues. Mayor Harris commented she believed the next step in the process was to take the recommendations of the Senior Issues Task Force and determine which ones were most easily implementable. Then a plan needs to be developed as to how they will be addressed. The City Council will have to determine what the matrix will be to deal with the changing population of the City. Thorfinnson commented he would be responsible for seeing that this issue was revisited. Mayor Harris commented that they need to put the long-term in perspective, and she liked the idea that the Senior Center was used for other groups and activities. The main issues affecting seniors in Eden Prairie were identified as a budgeting issue, housing, transportation, senior population and senior needs. It was suggested that the City cooperate with the schools when addressing these issues. The consensus of the Councilmembers and the Task Force members present was that the Housing, Transportation, and Social Services Board be charged with putting the identified steps into implementation. Case stated at the next City Council meeting the Senior Issues Task Force Report could be received and the Council could begin the process of dissemination. III. ADJOURNMENT The meeting was adjourned at 9:20 p.m. 5 D'ern03 UNAPPROVED MINUTES CITY COUNCIL/BOARD OF ADJUSTMENTS AND APPEALS WORKSHOP TUESDAY, DECEMBER 3, 1996 7:00 p.m. CITY CENTER Heritage Room IV, 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ronald Case,Patricia Pidcock, Ross Thorfinnson, and Nancy Tyra-Lukens BOARD OF APPEALS MEMBERS: Chair Kathy Nelson, Cliff Dunham, Delavan Dye, William Ford, Louis Giglio, Matthew Hansen, Corrine Lynch CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City Manager Chris Enger, Zoning Administrator Jean Johnson, and Recording Secretary Barbara Anderson I. CALL TO ORDER The meeting began at 6:40 p.m. Board of Appeals member Corrine Lynch was not present. H. DISCUSSION OF ISSUES RELEVANT TO VARIANCE REQUESTS Jean Johnson reviewed the statistical information regarding the numbers of variances processed by the Board of Appeals over the past six years. In the period of 1990-1992 there were 33 variance requests reviewed. In 1993 there were 50 requests reviewed, which was a substantial jump from the usual number. In 1994-1995 there were 30 variance requests reviewed, which indicated a return to the normal levels, and in 1996 there have been 24 requests reviewed to date. She noted that the Code amendments regarding the minimum PUD size and the Shoreland Ordinance Amendment will reduce the number of variance requests further in the future and keep those requested at the Planning Commission rather than at the Board of Appeals. The amendment allowing the averaging of the front yard setback between the two adjacent properties should also reduce the number of variance requests. M. REVIEW PROCESS A. CUSTOMER SERVICE The Cellular Antenna Task Force is drafting an ordinance which will be completed on December 18, 1996. The League of Minnesota Cities has an ordinance also and there is a battle between cities regarding their rights to charge fees for antennas. Harris commented she believed the major battle would be over placement of the antennas. Nelson stated they were unsightly and while the citizens may want this service, it is going to require some input from the City Council regarding how they want these requests handled. Tyra-Lukens inquired what the towers looked like, and Nelson responded that they are quite tall and the ordinance allows towers up to 50 feet in 1 CITY COUNCIL/BOARD OF APPEALS JOINT MEETING December 3, 1996 Page 2 height. She noted that the water towers can only hold so many towers, and then they will have to find other locations for them. They have to be located a certain number of miles apart in order to provide the coverage for the cellular phones. They could be placed on power line poles if the cellular companies worked with NSP. Federal regulations prevent cities from getting into the health aspects of antennas. Dye asked that a checklist be kept regarding the types of variances that come before the Board of Appeals. They have had variances before the Board from developers and they need clarification regarding what things were within the setback regulations. He believed an active list of variances which were granted by the Board would be valuable along with their final disposition, i.e., if they were upheld or reversed by the Council, etc. Harris stated it might be possible to have the Board of Appeals incorporated into the Planning Commission eventually if it appeared to be a more efficient way of handling these issues. Enger noted this was a good way to have developments planned within the ordinance requirements. The City needs to keep attuned to how a property is going to be used and be proactive in preventing variance requests. Many requests will be eliminated by down sizing the PUD minimum area requirement. Many of the variances are Planning Commission related issues and some of them are not. The two boards could be combined into one body in the future as the City becomes more developed and the work load decreases. This has been done successfully in other cities as they have become more fully developed. Discussion ensued regarding the attempts by developers to circumvent ordinance requirements or obtain greater densities by requesting variances. Nelson stated that the Board was concerned about ensuring that areas platted as open spaces in PUDs remained that way permanently. Developers have proposed this as a means of obtaining smaller lot sizes within PUDs. She commented that granting variances for smaller lot sizes could be a way of allowing more affordable housing to be built thereby meeting the goals of the City to obtain more affordable housing. These should be spelled out and the Board empowered to grant these variances if this is what the Council wants them to do. They have been empowered to grant variances based on hardship and there may be other reasons for granting variances besides that one. Dunham commented that financial hardship reasons had been ruled out as a hardship and this has facilitated a number of appeals to the City Council when variance requests were denied by the Board. Giglio stated that zoning laws have been written trying to legislate everything and perhaps they would be better off to broaden the scope of the ordinances and eliminate some of these restrictions. Harris stated the City has been trying to get livable or affordable housing into Eden Prairie. The Metropolitan Council will be forcing cities to have higher densities and while this is more of a planning issue, it will also impact the Board of Appeals as well. Enger commented it was important to have the Board of Appeals involved in the customization process which will be taking place. 2- CITY COUNCILBOARD OF APPEALS JOINT MEETING December 3, 1996 Page 3 Dye commented that sodding around creeks and drainage basins was required by ordinance yet some people were planting native grasses in these areas. This may be something the City wants to look into. NURP ponds are filling up and they need to be properly maintained to maintain the value of the property. Thorfinnson thanked the staff for their research, which he believed made it easier for the Council and the Boards and Commissions to make decisions. Johnson stated that staff has a checklist which is used to ensure that all variance requests are treated in the same manner. Nelson noted that it might make their job easier if things were built in the right way in the first place. Case expressed concern regarding the message that is sent to the Board of Appeals if an application has been approved by the Council subject to the approval of the Board of Appeals. He questioned if perhaps a project should be reviewed by the Board of Appeals prior to Council review. Discussion ensued regarding the timing of projects and how they fit into the process. Enger noted that projects most often go to the Board of Appeals between the First and Second approvals. Harris commented it might be useful to have a meeting with the Council, the Board of Appeals, and the Planning Commission to discuss these issues. Case stated it might be better to have projects approved by the Board of Adjustments contingent upon City Council approval rather than the other way around. Enger commented that if the variance issues can be dealt with by the Planning Commission then there is no point to have them reviewed by the Board of Adjustments and he would like to go back and look at some of these things to see how it would fall into place. There is a conscious decision made by staff as to how a project is reviewed. Sometimes the Board of Appeals is put in a difficult position because they have to review a project based on a hardship case and the City is looking at the entire project as a whole. Pidcock commented that the Metropolitan Councils Livable Communities Directives should be seen by all the Boards and Commissions. Harris requested staff to schedule a joint meeting between the City Council,Planning Commission and Board of Appeals to discuss these issues. III. ADJOURNMENT The meeting was adjourned at 7:25 p.m. 3 item ife UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 3, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Barbara Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie requested that Item XLB be added to set the date for the work session with Hennepin County, and Item XI.E to discuss the recycling rebate procedures. Pidcock requested the addition of discussion of sign infractions. Thorfinnson requested that the appointment process for boards and commission be discussed and the issue of shoveling sidewalks. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as amended. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING HELD TUESDAY, NOVEMBER 19, 1996 Harris noted that on page 3, second paragraph, it should read 45% not 55%. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the Joint City Council/Planning Commission meeting of Tuesday, November 19, 1996 as amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 19, 1996 Case noted that on page four, in the third paragraph from the bottom of the page, he believed Enger referred to a trip generation rate of 12 trips per 1,000 square feet of office space. CITY COUNCIL MINUTES December 3, 1996 Page 2 MOTION: Pidcock moved, Case seconded, for approval of the Minutes of the City Council meeting held November 19, 1996, as corrected. Motion carried 5-0. IV. CONSENT CALENDAR A. 2ND READING OF ORDINANCE NO. 49-96 AMENDING CHAPTER 5 AND CHAPTER 9 OF THE CITY CODE TO REGULATE THE APPLICATION OF LAWN FERTILIZER IN EDEN PRAIRIE B. 2ND READING OF ORDINANCE 50-96 AMENDING CITY CODE SECTION 2.20 RELATING TO THE ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSION C. APPROVAL OF ARTS COMMISSION LOGO D. VICTORY LUTHERAN CHURCH EXPANSION by Victory Lutheran Church. 2nd Reading of Ordinance 51-96 for Zoning District Amendment within the Public District on 5.9 acres, Adoption of Resolution 96-199 approving Site Plan Review on 5.9 acres and Approval of a Developer's Agreement for Victory Lutheran Church Expansion. Location: Eden Prairie Road at Berger Drive. E. AUTHORIZE AMENDMENT AND EXERCISE OF THE OPTION FOR PARCEL NO. 1 FOR THE ACQUISITION OF THE KLEIN/PETERSON PROPERTY F. 2ND READING OF CABLE TV FRANCHISE AGREEMENT ORDINANCE NO. 52-96 G. 2ND READING OF CABLE TV REGULATORY ORDINANCE NO. 53-96 H. RESOLUTION NO. 96-200 APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 3RD ADDITION (located at the northeast corner of Bennett Place and Blossom Road) MOTION: Case moved, seconded by Pidcock, to approve the Consent Agenda Items A-H. Tyra-Lukens commented she was not comfortable with the logo as presented and believed the word "commission" should be removed from the logo. Thorfinnson commented he questioned the need for a logo for the Eden Prairie Arts Association. After discussion, the Council concurred that the word "commission" should be deleted from the logo. Motion carried 5-0. CITY COUNCIL MINUTES December 3, 1996 Page 3 V. PUBLIC HEARINGS/MEETINGS A. BEARPATH 7TH ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres, Planned Unit Development District Review on 28.75 acres, Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. Continued from November 19, 1996 Enger noted that the proponent was under a time constraint to make changes to the plans recommended by the City Council at its review of this item on November 19, 1996. The official notice of this Public Hearing was published on November 7, 1996 in the Eden Prairie News and mailed to 66 property owners. The proponents have submitted a letter included in the packets dated November 25, 1996 in which they state they do not want to remove lots 6 and 18 from the plans or change the proposed boardwalk portion of the park trail. Staff has not had time to review this letter adequately and recommends that the Council continue this item until the next regular meeting. MOTION: Pidcock moved, Case seconded, to continue the Public Hearing to the December 17, 1996 City Council meeting as revised plans were not received in time for staff to provide a recommendation. Motion carried 5-0. B. TCF BANK by TCF Bank. Request for PUD Concept Review on 17.4 acres, PUD District Review on 10.4 acres, Zoning District Amendment in the I-2 Zoning District on 10.4 acres and Site Plan Review on 10.4 acres. Location: Technology Drive and Prairie Center Drive. David Sellegren, representing TCF Bank, introduced Michelle Foster of Opus Corporation who was also present. He commented that the project was straightforward, and he would answer any questions. Enger presented the staff report, and noted that official notice of this Public Hearing was published on November 21, 1996 in the Eden Prairie News and mailed to 6 property owners. TCF Bank is requesting a waiver from the City Code to allow up to 90% office use on land that is currently zoned industrial. The site is the former Data Serve building at the corner of Prairie Center Drive and Technology Drive. TCF Bank is planning to move Executive Offices, its Financial Corporation and Corporate Operations Center to the proposed building. The Planning Commission voted unanimously to approve this project at its November 12, 1996, meeting. Due to the reconstruction of Technology Drive in this area there will be more area in the front yard setback than is normal. The proponent has moved some of the buffering from the parking area into the front yard setback area to reduce the visibility. It will be beneficial to adjacent properties. The employees of TCF are also users of the transit facilities, and this location will be convenient. Staff recommended approval subject to the stipulations contained in the November 18, 1996 staff report. CITY COUNCIL MINUTES December 3, 1996 Page 4 The Public Hearing was opened. Tom Juhnke, SW Metro Transit Commission, was concerned about their ability to get busses into this area, but after reviewing the plans they concluded that they would be able to use a sidewalk area to load and unload people. MOTION: Tyra-Lukens moved, seconded by Pidcock to close the Public Hearing and Adopt Resolution No. 96-201 for PUD Concept Review on 17.4 acres; approve 1st Reading Ordinance for PUD District Review and Zoning District Amendment in the I-2 Zoning District on 10.4 acres; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Motion carried 5-0. C. VIDEO UPDATE by Trinet Property Company, LLC. Request for Zoning District Amendment in the N-Com District on 1.01 acres and Site Plan Review on 1.01 acres for construction for a 7,200 sq. ft. Video Update. Location: Northwest corner of Anderson Lakes Parkway and Hwy. 169. Enger presented the staff report as the proponents were not present. The official notice of this Public Hearing was published November 21, 1996 in the Eden Prairie News and mailed to 10 property owners. This request involves the construction of a 7200 square foot commercial building to be located at the northwest corner of Anderson Lakes Parkway and Highway 169. This project was unanimously recommended for approval at the November 12, 1996, Planning Commission meeting. The Commission's concern regarding a safe pedestrian route along Highway 169 from Anderson Lakes Parkway to Prairie Center Drive is addressed in Mr. Lambert's memo of November 15, 1996. Staff recommended approval subject to the conditions in the November 8, 1996 staff report. Tyra-Lukens commented she believed the bicycle/pedestrian path was needed. She believed that the proof of parking should be included with the plans. Harris commented she believed there would be no need for more parking immediately and she was comfortable with the staff recommendation. Pidcock commented she thought the right-in/right-out access might be a problem. Enger stated that people would enter the site from Columbine, but to do so they would have to be familiar with the property and know they were going there. Harris commented that staff should review the access prior to Second Reading. She believed the discussion on the bicycle path belonged in another discussion and she wanted to omit it from this approval. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. CITY COUNCIL MINUTES December 3, 1996 Page 5 MOTION: Pidcock moved, Tyra-Lukens seconded, to Close the Public Hearing; Approve first reading of the Ordinance for Zoning District amendment in the N- Commercial District on 1.01 acres; and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and omit the bicycle/pedestrian pathway and accept the proof of parking plan. Motion carried 5-0. D. LAKE SMETANA APARTMENTS by Klodt Incorporated. Request for PUD Concept Review on 17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan Review on 12.37 aces and Preliminary Plat of 17.19 acres into one lot. Location: Smetana Lane. Paul Klodt, representing the developer, briefly reviewed the proposal and noted he was available to answer any questions. Enger reviewed the staff report and noted Notice of this Public Hearing was published November 21, 1996 in the Eden Prairie News and mailed to 13 property owners. The Site Plan for this project shows the construction of 275 apartment units in 2 buildings on 17.19 acres. City Code permits up to 17.4 units per acre above the ordinary high water level in the RM2.5 Zoning District. The proposed density of 19.2 units per acre will require a waiver through the PUD process. The Planning Commission unanimously recommended approval of this project at its November 12, 1996, meeting. Staff recommended approval of the request subject to the conditions in the November 8, 1996 staff report. Lambert stated that Parks, Recreation and Facilities Commission had reviewed the project on November 18, 1996 and was concerned about the trading and tree loss and requested a scenic conservation easement be placed at the 841 elevation. They hope to get a boat access in which will allow public access to the lake but will not allow more than a 10 horsepower motor on watercraft. Dietz commented that the issue involving the NURP pond needs to be resolved prior to Second Reading. Tyra-Lukens inquired about the waiver for exceeding the percentage requirements for impervious surface. Enger responded that the proponent is only exceeding the ordinance requirements by 8% which is commonly granted for commercial uses. Tyra-Lukens inquired if the 150 foot area between the two properties would be preserved as a natural area and Enger responded affirmatively. Tyra-Lukens inquired about the increased density and Enger responded that the proponents have agreed to have eight apartments as Section 8 Housing units. This is one of the few developments within the major center area which begins to achieve the goals of the City as pertains to density. This project will concentrate higher density closer to major retail, transportation centers, etc. Pidcock commented that twelve years ago they were dealing with a lot of warehouse projects and now they are seeing apartment houses, and the projects change with whatever the market will support. Enger commented this was another facet to the development process for Eden Prairie. Case commented that Section CITY COUNCIL MINUTES December 3, 1996 Page 6 8 housing was rare and he was concerned that this would become a reality. Enger stated staff was reviewing the process for obtaining Section 8 vouchers, and noted that people who had them should not be treated differently than anyone else. Thorfinnson commented that with the shortage of places which accepted Section 8 vouchers in Eden Prairie, there should be no difficulty in finding people with vouchers to fill the eight units proposed. The Public Hearing was opened. Brad Hoyt, Hoyt Development, stated he owned the property adjacent to the subject property. He supported the project, and showed drawings of his property and the subject property and how they might possible be developed to support each other. He discussed the topography on his property, noting the significant amount of wetland, and stated a small building footprint would be necessary to avoid impacting that area. He will be submitting plans for an office building in the future. Mary and Frank Smetana, 7722 Smetana Lane, stated they supported the project. The area was a beautiful one, and they were glad other people would be able to share it. Frank noted that he had wondered how the property would be developed and if they would be treated fairly. He was glad to see this proposal and was very supportive of the project. Dave Smetana, with his sister Jane, stated they will be the ones to develop the east side of Smetana Lane. They were opposed to this project and believed any Section 8 housing units would adversely affect their property values. They believed the density was too high. He believed the property owners on the east side of Smetana Lane should be paid compensation for damages resulting from this development. He also believed Brad Hoyt was not the fee owner of the property as represented on the plans. Harris noted that the documentation had been updated to reflect that the State owns Lot 2. Enger stated that Mr. Klodt dealt with the trustee of the Frank Smetana Sr. estate and an agreement had been reached. The heirs had not been apprised of these conversations. Regarding the issue of density, the property was designated as office/warehouse in the Guide Plan so it was comparable with the present proposal. Klodt stated he had held conversations with the trustee who had been in agreement with the proposal. He had not had any dealings with the children. Mrs. Kosetecka, Smetana Lake, stated she was concerned about the condition of the lake and it was only becoming worse. The City had promised to clean it up but she had not seen anything being done to alleviate the pollution. Dietz responded that there have been ongoing conversations regarding raising the level of the lake and reducing the weed growth, which have stalled at present. It is supposed to be done in 1997. There is no NURP pond on the Portenoy site which was developed before these were required. There could be some retrofit of the project to enhance water quality of the lake. Case asked what an estimated cost to upgrade the part (O CITY COUNCIL MINUTES December 3, 1996 Page 7 of the road that crosses the estate property would be. Dietz responded that the cost of the road and the cul-de-sac would be approximately $100 per foot or roughly $75,000 to $100,000. Discussion ensued regarding the costs of roadway construction. Dietz stated that if the property develops and the road is upgraded the City would expect a certain level of construction standards to be maintained. John Kottke, 7665 Smetana Lane, stated that sewer and water lines are presently extended to his property, and he inquired if new lines would be put in with this development. He was informed that sewer will be connected to the new development but the water line was in good condition and would not be replaced. Kottke requested that the speed limit on the road be 15 mph on the short section of Valley View. He was concerned that the speed limit be lower than 30 mph because once a street was paved people tended to disregard the speed limits. He disagreed with Mr. Enger that the apartment would place people in proximity to their employment as most people who worked in this warehouse district could not afford to live in these apartments. Enger commented that there are middle management jobs and upper management jobs throughout Eden Prairie, and that there may be people who want to share an apartment. Harris commented that Enger was speaking of a broader area than the immediately adjacent industrial park. Frank Smetana stated that when he had looked at the plans for his father's property the project was being developed by putting in the road and paying for it. He regretted that other family members were not informed, but he believed the project would benefit the entire estate and should be developed. The executor of the estate had the authority to grant the easement, and a meeting has been scheduled with all interested parties to discuss this issue. Dave Smetana stated that he did not believe that the trustee would grant the easement over the objections of some of the family members and that suitable compensation should be paid to all parties involved but none has been offered. Thorfinnson commented that compensation was not within the purview of the City Council in this instance. MOTION: Pidcock moved, seconded by Thorfinnson to close the Public Hearing; adopt Resolution No. 96-202 for PUD Concept Review on 17.19 acres; approve 1st Reading of the Ordinance for PUD District Review on 17.19 acres and Zoning District Change from Rural to RM 2.5 on 12.37 acres; adopt Resolution No. 96- 203 for Preliminary Plat approval of 17.19 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations including assurance that the lake quality will not be further deteriorated, the NURP pond solution must be resolved prior to Second Reading, and that the speed limit will be taken into account. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Payment of Claims CITY COUNCIL MINUTES December 3, 1996 Page 8 as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens, and Harris voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Sidewalk Shoveling - Thorfinnson Thorfinnson stated he had received calls from citizens regarding the sidewalks not being shoveled in front of entrances to trails into the public parks and he was asked to refer it to staff to see what could be done. Lambert responded that the City does not require people to shovel their sidewalks, because not all homes in the City have sidewalks in front of them. The majority of the 8' wide trails are plowed and they do plow some of the entrance sidewalks, but there is only one machine which will plow a 5' sidewalk, and they do not have the time to do more than they do. 2. Boards and Commission Appointment Process - Thorfinnson Thorfinnson noted that the advertisements for candidates for Boards and Commissions would go out on January 4, 1997. The candidate Open House would be held on January 14, 1997, and the application period will be open between January 14-31, 1997. Candidate interviews will be held on February 11, 1997, and the City Council will appoint those selected to their positions during the regular Council meeting on February 18, 1997. He requested Councilmembers to enter these dates in their calendars. 3. Marina on Minnesota River and Boulevard Trees - Pidcock Pidcock requested staff to get information as to how they could obtain a marina on the Minnesota River and also how they could get some more boulevard trees in by the December 17, 1996 meeting. 4. Sign Ordinance Infractions - Tyra-Lukens Tyra-Lukens commented the signs had not been removed from the Pulte project adjacent to Staring Lake and there were no signs removed. She believed people should be held accountable for their signs, and she did not see any indication of enforcement. Case concurred, noting that the issue 0 CITY COUNCIL MINUTES December 3, 1996 Page 9 was broader than the Pulte signs as there were others located in the right- of-way. This will involve staff time to correct, as it involves more than just a few signs. Enger stated staff notified the owners to remove them and if the signs were not removed, the City removed and destroyed them. Since the signs cost approximately $25 each, they are usually removed by the owners. 5. Resignations from Board and Commission Members - Tyra-Lukens Tyra-Lukens stated she was concerned about the resignations received from several board members who had been unable to meet the requirements of bi-monthly meetings when the original intent was to meet monthly. She inquired if the Council would consider establishing a Public Safety Commission to orchestrate things such as "Stop the Violence" campaigns, CO2 Detectors, etc. Harris commented that such things as meeting frequency were established by the Council when the board or commission was established. If a board or commission determined it needed to meet more frequently in order to accomplish its work load on a temporary basis, that was one thing, but to make any such decision permanent it should be referred to the City Council. Pidcock commented that the City Council should be setting the policy rather than the boards or commissions. If the board or commission needed to meet more often to accomplish a temporary task that was one thing, but any permanent change in meeting schedule should receive Council approval. Enger noted that Johnson had been implementing a two-step process; first, notification of the sign owner and if it was not removed, it was then removed by the City. He believed Pulte would be removing their signs shortly, and others would be contacted and put on notice. This action is within the ordinance and no directive from the Council is needed to implement this action. 6. Grading around Staring Lake - Tyra-Lukens Tyra-Lukens stated she was concerned about the grading and runoff around Staring Lake. Harris inquired if further erosion had occurred and Lambert responded affirmatively, noting the City intended to acquire the property and grade the top of the hill to prevent more erosion from occurring. The erosion down into the ravine was caused by nature and would be prohibitively expensive to correct. The City has not intention of attempting to mitigate this, but will take measures to prevent further erosion from the top of the hill area. Case inquired if the City would incur any liability by taking this action, and Lambert responded negatively. 9 CITY COUNCIL MINUTES December 3, 1996 Page 10 B. REPORT OF CITY MANAGER Jullie noted that prior to the first City Council meeting in February there will be a meeting scheduled with Hennepin County. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR QF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS Dietz submitted a draft of a memorandum regarding the issue of rebate checks issued to citizens of Eden Prairie who recycle. This is from a grant Eden Prairie receives from Hennepin County for recycling and the amount was not distributed to the residents, and now should be approximately $60 per household. The checks will be issued as soon as possible, and the memo was to inform Council and residents why they were being issued. Harris commented she believed people who took the time to place recyclable items in the bins should be compensated, and she approved of the reimbursement. The consensus of the Council was that the checks should be printed and mailed out as soon as possible. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:25 p.m. 10 Dom D UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL/TRUTH IN TAXATION HEARING WEDNESDAY, DECEMBER 4, 1996 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ronald Case, Patricia Pidcock, Ross Thorfinnson, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City Manager Chris Enger, Assistant Finance Director Don Uram, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, Finance Director John Frane, City Assessor Steve Sinell, Director of Inspections Kevin Schmieg, Director of Human Resources & Community Services Natalie Swaggert, Chief of Police Jim Clark, Fire Chief Spencer Conrad, Lead Accountant Sue Kotchevar, and Council Recorder Barbara Anderson I. CALL TO ORDER Acting Mayor Pidcock called the meeting to order at 7:30 p.m. Mayor Harris was excused. H. PUBLIC HEARING A. OVERVIEW OF 1997 PROPOSED BUDGET AND TAX LEVY Pidcock commented that if another meeting was required to finish the discussion it would be scheduled for Monday, December 16, 1996. If not, then final approval of the budget will be scheduled for the regular City Council meeting on December 17, 1996. Jullie stated that on September 3, 1996 the City Council reviewed and approved the preliminary budget and tax levy for the City of Eden Prairie. Revised budget goals for 1997 were to reduce the amount of the projected tax levy and to keep spending at the same levels as in 1996. The third goal was to maintain technology so the City would not incur greater expense in the future catching up. There were minimal additions to City staff, which were proposed to maintain current levels of service. The City will continue the policy of not using one-time revenues for funding of ongoing expenses. He reviewed the major service areas of the City such as Public Safety, Public Works, Parks and Recreation, general government and shared services which provide support in all the other areas. CITY COUNCIL MINUTES TRUTH IN TAXATION HEARING December 4, 1996 Page 2 The General Fund expenditures were broken down into percentages and dollars which were compared between 1996 and 1997 projections. The expenses are up about 6.79% for the General Fund and 4.5% overall in the total budget. This increase seems reasonable in light of the overall figures for the City and given the population increase from last year. He reviewed the General Fund revenue sources and described the changes in the amounts from 1996 to 1997. The total budget does match expenditures and the City has a balanced budget as required by law. Jullie reviewed the dollar amount of impact on the homes in Eden Prairie with the proposed tax levy. The amount of increase is passed on by City Services which is only a percentage of the total tax bill. The overall impact of this increase on homeowners is lower this year, which was good news. He noted that the transit tax would now be levied by the Cities and not by Metropolitan Council so it would appear on the tax statement as part of the City tax. There will be a corresponding reduction in the tax levy from Metropolitan Council. He reviewed the cost of tax- supported public services and the impact per month for taxpayers. B. PUBLIC COMMENT AND DISCUSSION Gary Johnson, Juniper Lane, stated he had lived in Eden Prairie for six years and was appalled by the level of taxes at all levels. He saw a 33% increase in the transportation tax on his tax statement, and it was not a wash. Many people of his acquaintance had their assessed market valuations on their homes go up dramatically and he wanted to know where this windfall of tax dollars was going. The City taxes were up 12.3% and this was not in line with what was projected by the figures just reviewed. His assessed value went up 22% because someone was willing to pay that amount for his home even though he was not planning to sell it. Johnson stated he will be paying more for his home than he paid in house payments if things continue to go in this direction. Every time a bond issue is proposed he asked himself if this was the last one. The only way to make an impact on taxes was to vote "no" on every bond referendum that comes up. He was frustrated by the high taxes in the City and stated emphatically it was, "Too much!" Pidcock commented that the message needed to be sent to the Legislature that people have had enough taxation. Jullie noted that people needed to look at the tax statement to see where the differences were. Johnson commented he had managed to reduce his property valuation a bit by appealing it. Kate Garwood, SW Metro Transit, stated that the transit tax is set by the State and is based on property valuation, and this amount did not change. Mosquito control, sewer and MTCO rates did increase, which accounts for the difference in the amount of the taxes. There will not be more charged for transit but the other areas did have increases. Thorfinnson inquired if part of the problem was the difference in the assessed valuations between 1996 and 1997. 2 CITY COUNCIL MINUTES TRUTH IN TAXATION HEARING December 4, 1996 Page 3 Sinell stated he had a sample tax statement to illustrate the various components of the Transit Tax and other areas where changes had occurred. The Truth in Taxation notice does not break down the categories for the Metropolitan Council levied taxes. The City taxes are more broken down and the School District is only broken into a couple of areas. Regarding the assessed values, most properties went up about 4% to 6% but some properties increased as much as 10% or more. Thorfinnson explained that the Transit Tax was included under the City tax levy in 1996 but located further down on the statement. Case stated he agreed with Mr. Johnson that it may be time to re-think the way taxes are raised for the State but at this time taxes are the way revenues are generated. Every four years each home in Eden Prairie has its assessment redone so every year part of the citizenry gets an increase. Kelly Landow stated he had been a resident in Eden Prairie for about a year and was concerned that the 48% increase in the valuation of her home was a mistake. Jullie referred her to City Assessor Mr. Sinell to resolve this issue. Bill Peterson, Jackson Drive, stated his statement did not change that much and he was shocked at the total value. Fundamentally he agreed that there was a problem with the way taxes were raised and levied. He was upset by the pump house being built by the City, and believed $100,000 was no way for the City to spend its resources. Pidcock responded that the City obtained the City Center facility for less than it would have cost normally and by leasing out part of the building managed to cover the payments. The pump house was the result of compliance with City ordinances and standards, and the City cannot require its developers to build to those standards without meeting those standards itself. Dietz commented that the decision was made to use tax increment financing to put the sign on the City Center to provide information to its citizens, and was not funded through tax revenues. Peterson stated he was concerned that there be checks and balances to keep government spending in line with what the citizens want. Jerry Marks stated he moved here on June 28, 1996 and was scared by the comments he had heard that evening. He was concerned about what he was going to end up paying for taxes next year when his property was fully valued. He asked what they considered a projected increase on a moderately priced home and what percent increases they were going to have in the future. Jullie stated that the ten year plan had been revised so that about a 5% increase was projected but that could vary a good deal from year to year because the State changes its figures as well. III. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Tyra-Lukens moved, seconded by Thorfinnson to close the Public Hearing. Motion carried 4-0. CITY COUNCIL MINUTES TRUTH IN TAXATION HEARING December 4, 1996 Page 4 MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to adopt the 1997 tax levy and approve the 1997 budget for general fund operations, equipment revolving fund expenses, and debt service obligations at the December 17, 1996 meeting. Motion carried 4-0. IV. ADJOURNMENT MOTION: Thorfmnson moved, seconded by Case to adjourn the hearing. Motion carried 4-0. The meeting was adjourned at 8:30 p.m. Lj epCITY COUNCIL AGENDA DATE: LC1f=r i SECTION: Consent Calendar 12-17-96 prairie- DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. ON SALE LIQUOR& SUNDAY LIQUOR 1996/1997 Campbiello,Inc. RENEWAL LICENSES FOR 1997 ON SALE LIQUOR& SUNDAY LIQUOR ON SALE WINE & STRONG &3.2 BEER Applebee's Restaurant Fuddruckers Bearpath Golf&Country Club Le Nouvel Lotus,Inc Bent Creek Golf Club Mr Q's Vietnamese Cuisine BUCA Eden Prairie Ciatti's,Inc 3.2 BEER ON SALE Doolittle's Leiserve,Inc/Family Fun World Cedar Hills Golf Park Great Mandarin Restaurant Davanni's Pizza Green Mill of Eden Prairie Lion's Tap Half Time Restaurant Pizza Hut,Inc Kabuki Restaurant Residence Inn By Marriott Leeann Chin,Inc Signature Beef& Grill,Inc Marriott Courtyard Olympic Hills Corporation 3.2 BEER OFF SALE & CIGARETTES Rio Bravo Cantina Stars Restaurant Cub Foods Timber Lodge Steakhouse Hiawatha Marketing, Inc Jerry's New Market ON SALE CLUB LIQUOR PDQ Food Store Rainbow Foods Eden Prairie Lions Club W Gordon Smith Co Superamerica#4159-4269--4441 ON SALE WINE & STRONG &3.2 BEER Tom Thumb#275&269 Beijing Chinese Restaurant Cam Ranh Bay,Inc. Detello's Pizza&Pasta Action/Direction: December 17, 1996 1 Ers CITY COUNCIL AGENDA DATE: adan SECTION: Consent Calendar 12-17-96 prairie DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie Clerk's License Application List IV.A. 3.2 BEER OFF SALE Lions Tap CIGARETTE Applebee's Restaurant Bearpath Golf& Country Club Bent Creek Golf Club Ciatti's Inc Doolittles Leiserve Inc/Family Fun World Great Mandarin Restaurant Green Mill of Eden Prairie Marriott Courtyard Olympic Hills Corporation Rio Bravo Cantina Action/Direction: December 17, 1996 2 CAMPIELLO'S: LIQUOR LICENSE/SUNDAY SALES 1996/1997 LICENSE BACKGROUND - D'AMICO &PARTNERS INC. Is opening a Campiello Restaurant at 6411 Shady Oak Road. (Formerly Mama D's) - D'AMICO & PARTNERS operate 13 restaurants in the Twin Cities area. They applied for and were granted 6 liquor and 4 beer wine licenses. - The Corporate Officers, Principal Owners and Liquor Manager include: RICHARD P. D'AMICO LARRY J. D'AMICO STEVE F. DAVIDSON PAUL J. SMITH GERARD L. CAFESJIAN SHARON D. MANAGHAN(LIQUOR MANAGER) RECOMMENDATION -As of this date,the majority of the background investigation has been completed and there appears to be nothing indicating denial of the license. The only remaining issues are several out of state checks on one of the owners. This amounts to less than 10%of the total inquires made. -It is recommended the license be approved contingent upon satisfactory completion of remaining background issues. Information Supplied by: Sergeant Al Larson Investigative Operations Police Department (12-10-96) S EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-17-96 SECTION: CONSENT CALENDAR ITEM NO.V.6 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CAMP EDENWOOD Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Approval of a Developer's Agreement Supporting Reports: 1. Developer's Agreement I �'igi'7 , �j 1926 DEVELOPER'S AGREEMENT IV -.V V 3 '.. CAMP EDENWOOD THIS AGREEMENT, made and entered into as of December 3, 1996, by Friendship Ventures, a Minnesota non-profit corporation,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City:" WITNESSETH: WHEREAS,Developer has applied to City for Site Plan Review on 2 acres for construction of a 15,000 sq. ft. building, all on 2 acres, situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW,THEREFORE, in consideration of the City adopting Resolution No. for Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated September 24, 1996,reviewed and approved by the City Council on November 5, 1996, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any building permit for the new building for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of a study prepared by a licensed Engineer to determine the most feasible method to connect the existing and proposed buildings to the City's municipal sewer system. This study shall also determine the condition and Code compliance of all existing well and septic systems on the Property. Developer agrees to implement recommendations of the approved study concurrent with building construction. 4. FINAL GRADING,DRAINAGE,AND EROSION CONTROL PLAN: A. FINAL GRADING AND DRAINAGE PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and 2- drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall implement the approved plan prior to, or concurrent with building construction. B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an Erosion Control Plan for the Property. The Erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the approved plan prior to, or concurrent with building construction. 5. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and obtain the Chief Building Official's approval of, plans for demolition and/or removal of existing septic systems, and wells on the Property as identified in the recommendations of the sewer feasibility study, and for restoring the Property to grade. Prior to such demolition or removal, Developer shall provide to the City a certified check or letter of credit in the amount of$1,000.00 to guarantee compliance with the approved plan. City agrees to return said certified check to Developer after it is verified by City that Developer has completed implementation of the approved plan. 6. DEMOLITION OF EXISTING HISTORIC STRUCTURES: Developer acknowledges and agrees that prior to issuance by City of any permit for demolition, grading, or building on the Property, the City will need to document all aspects of the historic camp prior to commencement of any demolition. Developer and City acknowledge that the required documentation will need to be completed to coincide with the Developer's construction schedule anticipated for, but no sooner than September 1, 1997. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property,Developer shall submit to the City Forester and receive the City Forester's approval of a plan depicting the construction grading limits on the Property. Prior to the issuance of the land alteration permit, Developer shall place a construction fence at the drip line of the trees to be saved near the limits of the proposed grading as shown on Exhibit B. Developer shall notify the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. 8. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape security equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Upon approval by the City Planner, Developer agrees to implement the approved exterior materials and colors plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. y CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. A Resolution Amending the Joint and C. Administration Cooperative Agreement Background: This resolution executes an amended Joint and Cooperative Agreement creating the Suburban Transit Association (STA). ACTION: Recommend approval of the amended Joint and Cooperative Agreement. MESSERLI & KRAMER P. A. ATTORNEYS AT LAW WILLIAM F. MESSERLI JOSEPH W. LAWVER ROSSO.ASAMER TOMLEAGUE OF MINNESOTA CITIES BUILDING R.TERRI MANDEL TOGAS GARY W. BECKER RONALD B. PETERSON SUITE 450 ANN M.SETNES MARK S. LARSON JOHN F.APITZ ROBERT G. RENNER,JR. VINCENT G. ELLA GEORGE R.SERDAR 145 UNIVERSITY AVENUE WEST LINDA S.JENSEN SANDRA L.NEREN LEANNE G. LITFIN CHRISTOPHER B. HUNT ST. PAUL, MINNESOTA 55103-2044 WILLIAM B. BUTLER JAMES C.WICKA JEFFREY M. ELLIS DANIEL J.GOLDBERG (612) 228-9757 MADHULIKA JAIN JOSEPH B. NIERENBERG MARTIN A. MUENZMAIER WILLIAM C. HICKS FACSIMILE (612) 228-9787 LYNN M. NICHOLS WILLIAM M. HABICHT ALICIA R. DRAKE JOHN W. LANG STEPHANI M. HINZE PAUL W.ANDERSON AUTHORIZED TO PRACTICE LAW IN MINNESOTA.WISCONSIN, ILLINOIS,IOWA,SOUTH DAKOTA.FLORIDA AND WASHINGTON.D.C. OF COUNSEL DANIEL S. KLEINBERGER WRITER'S DIRECT DIAL NUMBER MEMORANDUM DATE: November 26, 1996 TO: STA Members FROM: Bob Renner, Jr. STA Legislative Consultant RE: Amendments to the Suburban Transit Association Joint and Cooperative Agreement Please find attached a resolution which should be adopted by your city council. This resolution executes an amended Joint and Cooperative Agreement creating the Suburban Transit Association (STA). After its adoption, please mail a signed copy of the resolution to my assistant, Jennifer Peterson, in the enclosed envelope. The STA Board of Directors approved several amendments to the Joint and Cooperative Agreement at its November 20, 1996 meeting. I have attached a copy of the Agreement with deleted language stricken and new language underlined. It is necessary for all cities that signed the original Agreement to adopt the attached resolution before the proposed amendments are operative. A brief explanation of the amendments follows. ARTICLE 8, SECTION 8.1 This section is amended by deleting the requirement that an annual organizational meeting be held each October. The October date was awkward because members and officers of the STA elected in October may be defeated in city elections held in November. If this amendment is adopted, the annual organizational meeting will be held after the general election in November. 1- ARTICLE 10, SECTION 10.2 The date when dues to the STA are due has been changed from October to January 15 of the subsequent year. This date change is necessary since the amount of dues will not be set until the Board of Directors approved dues at the organizational meeting held in November or December. ARTICLE 10, SECTION 10.3 This amendment is substantive. The current Agreement states that the STA budget is deemed approved unless a party to the Agreement withdraws in writing by September 15. The amendment proposes that the Board approve the annual budget at its organizational meeting in November or December. ARTICLE 11, SECTION 11.1 This amendment changes the effective date for withdrawal of a member from October 1 to December 31. The date by which a member must notify the STA of its intent to withdraw remains September 15. This amendment was made because the dues paid by each member covers membership from January 1 to December 31. I appreciate your cooperation in this amendment process. If you have any questions, please call me or Lynn Nichols at 228-9757. RGR:jjp:8000_1.W51s 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED,by the City Council of the City of Eden Prairie,Minnesota, as follows: WHEREAS,Minnesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them, and WHEREAS, the parties have entered into this Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members. NOW, THEREFORE,BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and attached hereto. ADOPTED THIS 17th day of December, 1996. Mayor ATTEST: City Clerk y November, 1995 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute §471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affiliate members, such as transit commissions or associations previously created by a joint powers agreement, to jointly and cooperatively develop programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions to be used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the Suburban Transit Association to carry out the objectives of this Agreement. • ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" means the governing body of the Association. 3.2) "Association" means the organization created pursuant to this Agreement. 3.3) "Authority" means the governing body of a Party. 3.4) "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. 3.5) "Party" means a municipality which has entered into this Agreement. 3.6) "Affiliate Member" means an organization, commission, association or municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. ARTICLE 4. ADDITIONAL PARTIES Any other organization, commission, association or municipality may become a Party or Affiliate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair. This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1995, whichever is sooner. ARTICLE 6. POWERS AND DUTIES OF THE ASSOCIATION The powers and duties of the Association shall include the powers set forth in this article. 6.1) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 2 (P 6.2) It may take such action as it deems necessary and appropriate to accomplish the general purposes of this Association. 6.3) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Association. 6.4) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.5) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.6) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.7) It may contract with any of the Parties or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.8) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.9) It shall cause an annual audit of the books of the Association to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Association as provided in this Agreement. 6.10) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.11) It may exercise any other power necessary and incidental to the implementation of its powers and duties. 3 ARTICLE 7. BOARD OF MEMBERS 7.1) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member. Each Board Member shall have one (1) vote. The Authority of each Party shall appoint its one (1) Board Member, who shall be an active Council or Authority member. A preference should be made by the Authority to appoint council members who also serve on a transit commission or association previously created by a joint powers agreement to serve on the Board of Members. Board Members shall serve without compensation from the Association. 7.2) Proxy voting by a Board Member's designee shall be permitted. 7.3) Each Board Member shall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Association. 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party whose position on the Board is vacant. ARTICLE 8 MEETINGS 8.1) The Association shall meet at least semi-annually and shall hold an annual organizational meeting in--Oebcr. 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. 4 8.3) Special meetings of the Board may be called (a) by the Chair or (b) by the Board upon written request of the majority of the Board Members. Three (3) days' written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications - The officers of the Association shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Chair and Vice Chair shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December 31 of that year. All officers shall be Board Members. New officers shall take office at the adjournment of the annual meeting of the Association at which they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re-elected, officers may serve for more than one year. 9.2) Resignation - Any officer of the Association may resign at any time by giving written notice of his/her resignation to the Board, to the Chair, or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal - Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 5 6) 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) Chair; Vice Chair - The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) Secretary/Treasurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its bills, and keep its fmancial records, and generally conduct the financial affairs of the Association. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Association. Orders, checks, and drafts of the Association shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Association. 9.7) Other officers - The Association may appoint such other officers as it deems necessary. All such officers shall be Board Members. 9.8) Committees - The Association may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE 10. FINANCIAL MATTERS 10.1) Association funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, by any two (2) officers. 6 IC) 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its annual meeting not to exceed $.20 per capita by October January 15 of the subsequent year of eac year based upon the most recent Metropolitan Council population estimates. The financial contributions of Affiliate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. 10.3) A proposed budget shall be formulated by the Board and submitted to the Parties on or before August 1 of each calendar year. Suc eh„n b„ doomed a ,e,a by a Party . nl„ce t,, celat mber ,5 of the . ,,.lye the Party g otice siting to the Board 41 a i Final action adopting a budget for the ensuing calendar year shall be taken by the Board ea-or-before at the October organizational meeting each year. 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 11 WITHDRAWAL 11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this Agreement effective on October-1 December 31 of any year by giving notice pursuant to Section 2 of this Article prior to September '5 of the-weeding-year September 15. 11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or Affiliate Member that withdraws from this Association nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. 7 11 ARTICLE 12 AMENDMENTS 12.1) Amendments - This Agreement may be amended by a vote of two-thirds (2/3) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice of the meeting and the proposed amendment is provided in writing to all Board Members at least seven (7) days in advance of the meeting. ARTICLE 13. DISSOLUTION 13.1) Duration of Association - The Association shall be dissolved if less than two (2) Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets - Upon dissolution of the Association, all remaining assets of the Association, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Association. The Association shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. IN WITNESS WHEREOF, The municipality of has caused the Agreement to be signed on its behalf this day of , 19 By: By: LMN:jjp:6302 1.W51s 8 1� DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: Zv,0. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Dept of Public Works 1996 Snow and Ice Control Policy Eugene A. Dietz Recommended Action: Approve 1996 Snow and Ice Control Policy for the City of Eden Prairie. Background: The City Council formally adopted the first Snow/Ice Control Policy in approximately 1992. There have been virtually no changes in that policy in the intervening years, but the intent is to revisit the policy on a more frequent basis. Therefore, the 1996 version of that policy is submitted for adoption. The only significant change, other than minor grammatical corrections, is shown as Exhibit C on Page 7 of the policy regarding damage to sprinkler heads within the right-of-way. As noted on Exhibit C, the impact of this policy change is very minor on a broad basis, but has tended to be extremely important to the one or two property owners that have been affected on an annual basis. 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This policy outlines the responsibilities and priorities within the Parks and Public Works Department in order to accomplish this goal. II. POLICY, Each year the Public Works Department prepares a map of the City showing the public street system. This map delineates thoroughfare and local residential streets. The map is then divided into sixteen (16) routes for purposes of snow and ice control. In addition, another 15 cul-de-sac routes using 4x4 pickups are shown. Within each of the areas, the City has classified city streets based on the street function, relative traffic volume, and importance to the welfare of the community. Those streets classified as priority "A" streets will be plowed first. These are higher volume streets which connect major sections of the city and provide access for emergency fire, police and medical services. The second priority streets (priority "B") are those streets providing access to schools and commercial businesses. The third priority streets (priority "C") are low volume residential streets. Forth priority (priority "D") are cul-de-sacs. (See Exhibit A). The Park Department Policy for removal of snow and ice from sidewalks and trails is on Page 8. III. PROCEDURES The Police Department assists Maintenance Division Supervisors in monitoring street conditions and notifies Maintenance Division personnel of snow and ice conditions needing attention. Maintenance Division personnel are notified in accordance with the Public Works Department Schedule for Emergency Calls. (See Exhibit B). The Maintenance Division, with the assistance of the Police Department, monitors street conditions and is responsible for making the decision to call out personnel and equipment to begin snow and ice control operations. November 1996 Snow Plowing/Ice Control Policy Page 1 of 8 3 IV. RESPONSIBILITY The Maintenance Division, with the assistance of the Police Department, monitors the street conditions to determine the timing and amount of equipment and personnel necessary to clear the streets. The Street Division Superintendent has the responsibility of determining plow routes and sequencing of operations in accordance with priorities as established in Exhibit A. The superintendent shall retain the latitude to adjust sequencing or route assignments based on storm conditions, equipment availability and/or other conditions warranting changes. V. COMMENCEMENT OF OPERATIONS Snow plowing and/or ice control operations shall commence under the direction of the Street Superintendent. In his absence the Police Department Patrol Sergeant on duty and the Superintendent's designated representative will consult and determine when and what operations will begin in accordance with provisions of Exhibit B attached. In general, operations shall commence as follows: A. Snow accumulation of 2", with continual snow fall, warrants commencement of plowing operations. B. Drifting of snow may warrant commencement of partial or full operations depending upon conditions. C. Icing of pavements may warrant partial or full operation depending upon extent and conditions. VI. HOW SNOW WILL BE PLOWED Snow shall be plowed in a manner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right with the discharge going onto the boulevard area of the right-of-way. It is the Departmental goal to have the entire street system cleaned after a "typical" snowfall in approximately 10 hours, assuming a general plowing operation beginning at 3:00 A.M. and snowfall ending by 7:00 A.M. Depending on snowfall conditions and duration of the storm, cleanup operations can widely fluctuate. November 1996 Snow Plowing/Ice Control Policy Page 2 of 8 lv VII. USE OF SAND AND SALT The City is concerned about the effect of sand and salt on the environment and will limit its use for that reason. Therefore, it is the policy of the City to utilize a sand and salt mixture in the ratio of approximately 3 parts sand and 1 part salt. This provides for traction, but is not intended to provide bare pavement during winter conditions. Application of the sand/salt mixture is generally limited to priority "A" routes, steep grades and high volume intersections. Application is limited on lower volume streets and cul-de-sacs. The City cannot be responsible for damage to grass caused by the sand/salt mixture and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way. VIII. SUSPENSION OF OPERATIONS Generally, operations shall continue until all roads are passable. Widening and clean up operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, snow plowing/removal operations may be terminated after 10-12 hours to allow personnel adequate time for rest. There may be instances when this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited visibility or extreme cold. Any decision to suspend operations shall be made by the Street Division Superintendent and shall be based on the conditions of the storm. The City will still provide access for emergency fire, police and medical services during a major snow or ice storm. IX. PROPERTY DAMAGE Snow plowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The major types of damage are to improvements in the City right-of-way which extends approximately 10' to 15' beyond the curb location. The intent of the right-of-way is to provide room for snow storage, utilities, sidewalks and other City uses. However, certain private improvements such as mail boxes are required within this area. Therefore, the City will cooperate with the property owner to determine if the damage is the responsibility of the City and when it shall be the responsibility of the resident. The City accepts responsibility for mailboxes which are allowed to be placed in the road right- of-way, if the damage is by physically being struck by a plow blade, wing, or other piece of equipment. Mailboxes should be constructed sturdily enough to withstand snow rolling off a plow or a wing. Therefore, damage resulting from snow is the responsibility of the resident. The City will repair or replace mailboxes in those instances where the City is responsible for the damage. Damage to fences, trees or other structures will be repaired or replaced by the City if they are on private property. Lawns that are scraped or gouged by City equipment will be repaired by top dressing and seeding the following Spring. Residents are requested to assist by watering the areas that are repaired. November 1996 Snow Plowing/Ice Control Policy Page 3 of 8 In instances where there is disagreement as to the source of the damage and the responsibility therefore, the Director of Public Works and/or Police Department shall determine the responsibility. For damage to sprinkler heads see Exhibit "C". X. DRIVEWAYS One of the most frequent and most irritable problems in removal of snow from public streets is the snow deposited in driveways during plowing operations. Snow being accumulated on the plow blade has no place to go but in the driveway. The driver's make every attempt to minimize the amount of snow deposited in driveways, but the amount can still be significant. Based on priorities and staffing level, City personnel do not provide driveway cleaning. Possible exceptions are at the discretion of the Supervisor for emergency situations. XL MAIL DELIVERY The snow plow operators make every effort to remove snow as close to the curbline as practical and to provide access to mailboxes for the Postal Department. However, it is not possible to provide perfect conditions and minimize damage to mailboxes with the size and type of equipment the City operates. Therefore, the final cleaning adjacent to mailboxes is the responsibility of each resident. XII. COMPLAINTS Complaints regarding snow and ice control or damage shall be taken during normal working hours and handled in accordance with the City's complaint procedures. Complaints involving access to property or problems requiring immediate attention shall be handled on a priority basis. Response time should not exceed twenty-four (24) hours for any complaint. It should be understood that complaint responses are to ensure that the provisions of this policy have been fulfilled and that all residents of the City have been treated uniformly. It is the City's intention to log all complaints and upgrade this policy as necessary in consideration of the constraints of our resources. November 1996 Snow Plowing/Ice Control Policy Page 4 of 8 EXHIBIT A PLOWING/SANDING PRIORITIES PRIORITY "A" Anderson Lakes Parkway Kingston Drive Atherton Way Linden Drive Bennett Place Mitchell Road Braxton Drive Mount Curve Road Buckingham Drive Neil Lake Road Candlewood Parkway Olympic Drive Carlson Drive Prairie Center Drive Center Way Preserve Blvd. City West Parkway Riley Lake Road Cumberland Road Riverview Road Dell Road Roberts Drive Duck Lake Trail Rowland Road Duck Lake Road Scenic Heights Road Eden Prairie Road Shady Oak Road Edenvale Blvd. Singletree Lane Flying Cloud Drive Staring Lake Parkway Franlo Road Technology Drive Golden Triangle Townline Road Golfview Drive Twin Lakes Crossing Hames Way Valley View Road Hennepin Town Road Viking Drive Holly Road Village Woods Drive Homeward Hills Road Washington Avenue Jackson Drive Westwind Drive PRIORITY "B" Streets providing access to schools and commercial property PRIORITY "C" Lower volume residential streets PRIORITY "D" Cul-de-Sacs November 1996 Snow Plowing/Ice Control Policy Page 5 of 8 EXHIBIT "B" SNOW AND ICE REMOVAL AND SNOWBIRDS - CITY ORDINANCES SANDING -- EMERGENCY NOTIFICATION OF PUBLIC WORKS Commencing with the winter season, -a standby position has been created within the Division. Commencing on November 25, one operator will carry a pager (#966-8215) each week for the specific purpose of sanding localized hazardous icy conditions in the City. The Police Department shall assess the conditions to determine if the problem is localized and if a response is necessary, shall contact the operator on standby. The standby operator shall respond and upon completion shall discuss the situation with the Police Department shift supervisor. A decision from the following choices shall be made: A. Finish assignment and secure for the day/night. B. Snow accumulation of 2", with continual snowfall -- call maintenance supervisor at 2:00 A.M. for commencement of plowing operations by 3:00 A.M. C. Drifting of snow warranting commencement of partial or full operation -- call maintenance supervisor by 2:00 A.M. to advise. D. Icing of pavements warranting a partial or full operation -- call maintenance supervisor by 3:00 A.M. to advise. For each option, except "A", the Street Division Superintendent or his designated representative, Tom Tesch, Pager 966-8216 or 559-0860, shall finally determine the time to start operations and the extent of the operations. SNOW PLOWING/WIDE-SPREAD HAZARDOUS ROAD CONDITIONS — EMERGENCY NOTIFICATION OF PUBLIC WORKS In the event of snowfall in excess of 2" or wide-spread hazardous road conditions where plowing or sanding throughout the community is necessary, the shift supervisor shall call the maintenance supervisor (Pager #966-8216) or 937-2632 (Jerry Prodoehl) as follows: A. For snowfall accumulation exceeding 2", by 2:00 A.M. for a 3:00 A.M. commencement of snow plowing operation. B. By 3:00 A.M. for a 4:00 A.M. commencement of city-wide sanding operations. This will allow the Street Maintenance Division to prepare the streets for morning rush hour traffic. Public Works will attempt every day to leave the streets in good winter driving condition when they go out of service at 3:30 P.M. November 1996 Snow Plowing/Ice Control Policy Page 6 of 8 EXHIBIT "C" TO: Jerry Prodoehl, Superintendent Street Division Staff FROM: Eugene A. Dietz, Director of Public Works DATE: March 15, 1996 SUBJECT: Plow Damage to Sprinkler Heads ACTION: Effective immediately, the Street Division will accept the obligation of replacing sprinkler heads that are damaged during snow removal operations from city streets. BACKGROUND: For years, we have had specific policies on mail box repair and sod that are damaged during snow plowing operations. All other damage to private property items in the right-of-way was at the expense of the homeowner. In the past few years, we have damaged one or two sprinkler heads each year — resulting in a high frustration level for both the homeowners and staff members, particularly supervisors. We have determined that we can generally purchase replacement heads for approximately $20.00 each and our staff can reinstall the heads. In summary, here is the policy: 1. The Street Division will replace damaged sprinkler heads, during the same time frame as we repair sod damage each spring. 2. The sprinkler head will be replaced with the same "brand" as the damaged head. 3. We will do our best to aim/set the heads, but we will not be involved with additional "tweaking" after the placement is complete. The only exception would be due to faulty replacement parts. 4. Restoration of the yard area will be in accordance with our standard procedures for sod damage. This policy change will not affect damage to other private property items that are located within the right-of-way. The one and only reason we can justify replacing these sprinkler heads is: Proper location for irrigation sprinkler heads necessitates that they be installed adjacent to the curb line. If the heads are placed away from the curb line, the coverage pattern results in wasting water due to overspray onto the street. Since the City of Eden Prairie promotes and endorses water conservation, our snow plowing policy needs to be compatible with our conservation policies. Other items in the right-of-way -- including landscape timbers, shrubs, flowers, etc. — are in that location due to the property owner's choice, not due to necessity. Therefore, they continue to be in the right-of-way at the owners risk. Based on a conversation with Bob Lambert, the Parks Department will implement a compatible policy for the occasional damage that occurs to sprinkler heads during snow removal operations from sidewalks and trails. cc: Carl Jullie Alan Gray Bob Lambert Ed Sorensen November 1996 g Snow Plowing/Ice Control Policy Page 7 of 8 POLICY ON REMOVAL OF SNOW AND ICE FROM SIDEWALKS AND TRAILS November 1996 The City annually budgets a sum of money for winter maintenance of certain public trails and sidewalks. Taking into consideration the financial and personnel resources available to the City, it- is the policy of the City to remove snow and ice from the most frequently used trails and sidewalks in accordance with the standards set forth in this policy. The designated trails and sidewalks to receive winter maintenance are depicted on the map that is attached to this policy. The following standards are adopted for providing winter maintenance to designated trails and sidewalks. 1. The designated trails and sidewalks are normally plowed when the measured snowfall depth exceeds one inch. 2. Snow removal should commence approximately 12 hours from the end of any snowfall with an accumulated depth exceeding one inch. The designated trails and sidewalks should be cleared as follows: • Mode I trail within 24 hours • Mode II trails within 48 hours • Mode III trails as time permits 3. The designated trails and sidewalks should be cleared as thoroughly as possible but need not be maintained to bare pavement. 4. Chemical agents and sand shall not be used in the snow removal process, except on the bridge approach areas at Round Lake Park and Staring Lake Park (southerly bridge only) when ice is present. Chemical agents will be applied within 48 hours, unless a weekend intervenes, or unless there is unusually cold weather that may cause a dangerous condition for employees to work out of doors. 5. Snow removal should normally be done by park maintenance employees 6. Snow removal may be conducted on a 24-hour basis, which may result in snow removal equipment being operated in residential areas during the evening and early morning hours. 7. In the event of equipment failure, extreme snowfall, or other unanticipated events, such as park maintenance employees assisting street employees in snow removal from streets, deviation from these standards may be appropriate. Snowice/Stuart96 Snow Plowing/Ice Control Policy Page 8 of 8 1 c� EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/17/96 SECTION: Consent Calendar ITEM NO. E DEPARTMENT: Parks, ITEM DESCRIPTION: Removal of Barn Adjacent to Marilyn Schoonover Recreation and Facilities Home Within Edenbrook Conservation Area Bob Lambert RECOMMENDATION: The Parks, Recreation and Natural Resources Commission recommend the City Council authorize staff to remove the barn on Edenbrook Conservation land adjacent to the Marilyn Schoonover home as soon as possible. City staff requests authorization to remove the barn as per the Parks, Recreation and Natural Resources Commission recommendation. BACKGROUND: At the December 2 meeting, the Parks, Recreation and Natural Resources Commission discussed the possibility of acquiring the Marilyn Schoonover home located on Duck Lake Trail that is surrounded by Edenbrook Conservation land. At that meeting, the Commission delayed a decision on a recommendation pending additional information and possible costs to acquire the property and additional information on the condition of the home. As a part of that discussion, staff recommended that the barn on City property adjacent to the Schoonover home be removed this winter, as it is in a hazardous condition at this time. BL:mdd Barn.memo/Bob96 1 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 Lambert noted that a good number of users are reservation groups. When they ask for reservations they will be issued a letter stating it will be shut down for renovations,to please bear with them. The problem will be for the groups that show up with no reservations and arrive in bus loads. They are the groups that will not know about it but staff hopes to let everyone know ahead of time. However, the shelter will be open. Cross said that Miller Park will help ease having this one shut down. MOTION: Koenig moved, seconded by Wilson, to approve staffs recommendations for the Staring Lake Playground renovation per the memo dated November 25, 1996. Motion carried 5-0. B. Marilyn Schoonover Property Staff referred the Commission to a memo dated November 26, 1996, from Robert A. Lambert, Director of Parks, Recreation and Facilities. Lambert stated that this house is right off Duck Lake Trail and is surrounded by the Edenbrook Conservation Area. The City owns the land on three sides of that house. The house was built in the late 1800's. Marilyn Schoonover talked with staff a couple of months ago about whether or not the City would be interested in buying her property as a historical site. At that time she was planning on making some renovations to the house itself so she could live there. She has bad knees and didn't want to go upstairs to the bedroom so she wanted to put an addition on to the house. The Heritage Preservation Committee(HCP)went out on the site and looked at it. They said making those renovations really loses the historical value. Schoonover has now said that she's not going to live there and she's going to sell the house. She's putting it on the market in the Spring. A memo was sent to the HCP so they would be aware of this. The City does not have the money in the budget for this and have never anticipated acquiring it. There is a concern about the barn on the site because it's caving in. It's hazardous and it should be removed. Koening commented that Hilgeman mentioned she would like the cupola saved. Wilson asked how big is the Schoonover property. Fox replied it's 200 by 130 so it's approximately 3/4 of an acre. Bowman asked what the market value is. Lambert replied that he didn't know. 13 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 Wilson asked what the City would do with it if they bought it. Lambert replied there's no real reason to buy it. It does not make sense for the addition to the Edenbrook Conservation Area for park purposes. The only reason to buy it would be if it's going to be preserved as an historic site. The City has three historical sites that they're struggling with now to be funded. Staffs recommendation is that the City can not afford it. Koening commented she would like more information about it before she makes a decision about acquiring the property. She would like to know what the HCP has to say about it and how much it would cost the City to purchase it. Kracum agreed that they should have all the facts. Koenig asked if there would be disturbance to get the barn out. Fox replied they will have to take down the boxelder trees that have grown up there in the last 10 years. MOTION: Koenig moved, seconded by Kracum, to request City staff to remove the barn adjacent to Marilyn Schoonover's property, which is hazardous, as soon as possible, and save the cupola. Motion carried 5-0. MOTION: Koenig moved, seconded by Kracum,to recommend that staff investigate the Marilyn Schoonover property regarding the condition of the house,the possible cost of acquisition, and also to find out what the Heritage Preservation Committee feels about it. Motion carried 5-0. C. Klein/Peterson Property- Option#1 Staff referred the Commission to a memo dated November 26, 1996, from Robert A. Lambert, Director of Parks,Recreation and Facilities. Lambert noted that the City has received the grant for$145,000 for matching funds for the acquisition of Option Parcel #1. Staff requested that the Commission recommend to the City Council to approve the option to secure the Klein/Peterson property. The cost of the property is $281,200 for this 15.8 acre parcel. They have reduced the cost by one acre, $19,000, because one acre has serious erosion on it. The City said they didn't want to pay for that and the agreed to reduce the cost from $301,340 to $281,200. Wilson asked where the property is located. Fox said it's down on Flying Cloud Drive down at the very southwesterly corner. It's the last farm as you're exiting Eden Prairie on Flying Cloud Drive. 14 DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: -ni F SECTION: Director of Public Works „jj . DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5428 Public Works Summary of Bids 1997 Mary Krause Maintenance Materials and Water Treatment Chemicals Requested Action: We recommend award of the maintenance materials and water treatment chemicals to the suppliers as shown on the accompanying resolution. Overview: Bids were received on December 5, 1996 for the 1997 supply of Street Maintenance and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals. The accompanying resolution shows the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Primary Issues: MnDOT 2331 Type 41A & B Mixes: Class 5 Recycled Aggregate and Class 2 Aggregate: Three bids were received for MnDOT 2331 Type 41A and B Mixes with the low bidder being Mueller& Sons, Inc. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to a project site indicates a small savings to use asphalt supplied from Mueller& Sons, Inc.. However, due to production capabilities and demand and availability at the Mueller plant, the resolution awards 41A&B mix to Mueller &Sons, Inc., Midwest Asphalt and Commercial Asphalt. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration time, equipment and labor to haul the material was done for the Class 5 Recycled and Class 2 aggregates. The analysis for Class 5 Recycled show a savings by utilizing Midwest Asphalt Corporation and the Class 2 analysis shows a savings by utilizing J.L. Shiely. Financial Issues: Water Treatment Chemicals The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Bid results for the water treatment chemicals are reflected on the bid tab. One item, sodium silicoflouride,needs further clarification. Two bidders submitted the same low bid for sodium silicoflouride. Both bidders (Van Waters & Rogers and Hawkins Chemicals) have successfully supplied the City with this product previously. Van Waters&Rogers was the supplier for 1996. A comparison of total dollar amounts awarded to each Van Waters&Rogers and Hawkins for 1997 was done and to "balance" most closely the award amounts, the recommendation is to award the sodium silicoflouride item to Hawkins Chemical Actual quantities used will vary depending upon the 1997 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. Maintenance Materials Overlays have previously been included as part of this bidding procedure. However, for 1997 the bulk of the overlays to be contracted placed will be bid in 1997. CITY OF EDEN PRAIRIE SIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 97-5428 - 1997 Maintenance Materials and Water Treatment Chemicals bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Director of Public Works recommends award of Contract as follows: 1 Mn/DOT 2331 Type 41A Mix Commercial Asphalt $18.50/Ton Mueller&Sons, Inc. $20.95/Ton Midwest Asphalt Corp $17.06/Ton 2 Mn/DOT 2331 Type 41B Mix Commercial Asphalt $17.50/Ton Midwest Asphalt Corp $19.75/Ton William Mueller&Sons, Inc. $16.53/Ton 3 Class 5 Recycled(100% Crushed Agg. Midwest Asphalt Corp $4.95/Ton 4 Class 2(100% Crushed)Aggregate J.L. Shelly $4.17/Ton 5 Quicklime Cutler-Magner Company $65.04/Ton 6 Ferric Sulfate Van Waters&Rogers $238.00/Ton 7 Liquid Chlorine DPC Industries $716.00/Ton 8 Liquid Carbon Dioxide Koch Carbon Dioxide $85.00/Ton 9 Sodium Polyphosphate Hawkins Chemical,Inc. $1,674.00/Ton 10 Sodium Silico.luoride Hawkins Chemical, Inc. $620.00/Ton as the lowest and/or most responsible bidders. Now,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are hereby authorized and directed to enter into a Contract with the above named suppliers for the amount listed in accordance with the specifications thereof approved by the City Council and on file in the office of the Director of Public Works. ADOPTED by the Eden Prairie City Council on December 17, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2- December 5, 1996 I.C. 97-5427- 1997 Maintenance and Water Chemicals Bid BIDDERS MnDOT MnDOT Recycled Class 2 y Quicklime Ferric Liquide Liquid Sodium Sodium 2331 2331 Class 5 (100% Sulfact Chlorine Carbon Poly- Silico- Type 41A Type 41B (100% Crushed) Dioxide phosphate Flouride Crushed) Boliden Intertrade Commercial Asphalt Co * 18.50/T 17.50/T Cutler-Magner Co 65.04/T DPC Industries 252/T 716/T 775/T Koch Carbon Dioxide Co 85/T 1 Air Liquide America Corp 110/T �, Praxair — 200/T C .•�*+ Midwest Asphalt 20.95/T 19.75/T 4.95/T Mississippi North Amer.Lime Mgmt 92.96/T • Shiely 3.80/T 4.17/T Western Lime&Cement Co 65.24/T Mueller&Sons, Inc 17.06/T 16.53/T 4.42/T Bryan Rock * 5.57/T Hawkins 240/T 760/T 1,674/T 620/T Van Waters&Rogers 238/T 620/T Barton Sand&Gravel Kraemer&Sons 4.00/T 4.60/T A * Does not include tax DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 6, SECTION: Consent Calendar ` DEPARTMENT: TTEM DESCRIPTION: Engineering Division Final Plat Approval of Bent Creek Cove Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bent Creek Cove subject to the following conditions: • Receipt of engineering fee in the amount of$360 • The requirements as set forth in the Developer's Agreement Background: This proposal consists of the platting of nine townhouse lots on 2.5 acres located on the south side of Valley View Road immediately east of the Hennepin County Light Tail Corridor. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed October 1, 1996. JJ:ssa cc: Duane Dietrich, Taurus Properties I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BENT CREEK COVE WHEREAS, the plat of Bent Creek Cove has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bent Creek Cove is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 5, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 17, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk SENT CREEK - R.T. DOC. N0. / ;,,{, ' ' - THE WEST UNE OF - C.R. DOC. NO. / �`%!r[ —— THE SE 1/4 OF THE '•-_1 COVE — f 0 NE 1/4 OF SEC. 9, - p — 5�4g y / — 3 __-----t-- / \I 1^,,..‘ �5'26.11 N` 3� I`N in ri 100 i—e y0 . f '140A9 ;f p 5 / io. // p „`406 �./ N I I S 1 IN y t N ,�—� or `•49J2 1 I� _ D� !.� 518'45'32"E I ,DRAINAGE AND UTILITY EASEMENT / • ' 1111 0� �P N< '3g 20��o. 4g� 9 �o s r /' 54�1 Ov�P D U�Un 2303 M. p�rn i N >s J2 Via„W O T.e . . F... / 55 >et 555 '`'l S 21 ..97 4.'6' N W Z ,S�* -00 /'/ f= , —��„. •• .. • ry°ryry SJ> 1 Ss,g1.s / t 1 `i, 41 '. 1.'0 OpA `&J' S43.,., . kv THE SOUTH LINE OF q "J' Itt00•. F THE SE 1/4 OF THE (-• // y�^y Ss F NE 1/4 SEC. 9, T116, S +s 7. S . R22 0- M h M t. f, S 32'07.00" W '3�)' ,.( °1 `�J, 1Jp 0 i1 /',\O to a 44 SI'W JPb. J>�JJ F 533'41 30IW' J e [L h 1 .�/ %y +3.23 Ja g, �50 q® ,'S �. •OJ J•. . . Ay.. egg' y t"� ",i ' f S36•59.19"W ,S. . r A '� 7.86< • SC i I �' 537.02'16•'W • 6.4.J•. /p 1 / �^ 47 R31 S S. 'vo • `! f k/ ¢- ,CU gyy'O O6 xg. 7 j�0 So..., r / • g0•( C 1 Z� 1 J3 g•. • A�Op J Jay 7.6 CY h >e.00 •.° ��,o ...;,. (i a �' S38'23'13"W / .• r�, '�,! Ti. 6. . e o ` �a /I - , ti / i O1 se �/ .i PURGATORY CREEK 1 1 / Soots In feet A, 1 0 0 30 90 90 1 4' \ r' yg THE BASIS OF BEARINGS IS ASSUMED M g'►' o DENOTES IRON MONUMENT 1j0 i Henson Thorp PellInen Olson Inc. DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA t, ITEM NO: i -#. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Lothenbach Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Lothenbach Addition subject to the following conditions: • Receipt of engineering fee in the amount of$250 • Completion of Vacation of underlying drainage and utility easements • Coordination of proposed utility relocations with the Engineering Division and also the adjoining property owners Background: This plat consists of the combination of Lots 14 and 15, Block 5 of Bearpath Second Addition. This proposal falls under the guideline for a "simple subdivision" defined within the City Code. JJ:ssa cc: Bob Lothenbach, 11147 Anderson Lakes Parkway, #352, EP Kurt Quaintance, James R. Hill, Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF LOTHENBACH ADDITION WHEREAS, the plat of Lothenbach Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Lothenbach Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 5, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 5, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2 LOTHENBACH ADDITION C.R. DOC. NO.• • 20 0 20 10 60 MOW ALL Ea BY BEN PROPOS Tat Robert J Lofnenbods,o single person.fee owner of Me fceo.ing •rco%e m loot Drainage and Utility Easements are shown/Mardescribed pnperfy sitooted I.the County of Hennepin.State of :l eat.to w S I I Lot 11 and Lot 15,Block 5,BEARPAM SECOND ADD/OON,occordi'g fo the recorded plat thereof Hennepin Count,: -J 1_-5 II —T I--S Has caused the same to be surveyed and Nutted as c/cit; BACH A00171Qr and does hereby donate and dedicate I I to the public for public use forever the drainage and etaity easements as shown an the plat. G Orontes Iron monument set 10 1 I 10 In witness whereof said Robert J.Lotbenbach,o single person.hos set his hands this day of • • Denotes iron monument found ------j----J L----'------ f9_ ` (lie Seeds) BY Robert.1 Lalhenbodr i- Being 3 feet M width and ad/sfi/ng lot aloe.unless 0//sodse hd/eated,and 10 fast Sr width and ad5cHHg right-or-y ones,unless otherwise Ndkoted as STAK Or Bess/gs abewn on this plat ore shown so the plot. CCLNIY CI,_ — based upon assumed datum. Me foregoing Insfrumenl was acknooledged befre me ads day of r9 by Robert ILalhenbpch,o single pert.. I Notary Public, Counts Mnress's My Cemnrlsst_vs Espies _ I hereby certify that/have sur Bled and platted the prrperly described on th/s plat as LOTHENBACH.A0017101/:Mot this plot is a correct representation of the survey, that olI distances a correctly shown an the clot/n feel and r7 er�.o�rr r hundredths of o foot;that all monuments hove been correctly placed h the ground no shown on sold plot:h+ol /1 - the outside boundary Ines •correctly o;eignoted an the plot;and that there are o woe lands es defined;n '�`"r'c' ADD. Mnnesota Statutes,Section 505.02.Subd. I or public hlghwgs to her designated or said p/st. N �^r, ____ _ E. r�91 \' Model.1 1Yrha,land Sane,' _-___ ____._ .-._-. r-------------- .1 Minnesota License No. 120d3. I c} • 8 / .ra slur Or MOSSO/A =MY Cr gy� ` ^ Sine Certificate was acknowledged before me This W �3 1 .(s(1 / y Mortis J Weber.Land Srrvelcr. -- Y of. _- M Fr r \ I ry jI �y/v` I / C,) Notary Public._ Carrots MFnnesnfa (f I r V.,. / l `c My Eanmltslan C.pies____ ____ W j t.� r r I k I :}Is' / 40 1 EDEN PR' 1wxCSUM yF I 1 I �� This plat of LOIIIENB,ICH ADO/Itch Nov approved and accepted by the City Came)of Eden home.Mkmesote.at a s{ I l ' regv/or meeting thereof held this day of E9 If gr{i;cableL the written comments and ZV7'oror E, / C' 7 1 C� ecommenddtbns of the Commissioner of rrammort°Nmr and the County Highway Engineer have been recehed Ay s CiSn c�) I w ] /he Coy Or Me prescribed JO day period has elapsed wifhcn,t rerelf of Such comments and recommendations.n 1 I lr1 provided by Minnesota Statutes.Section 505.05 S/r1dhisim 2. p z I LOT 1 r ,) I . 4 to l,, 1 / l k an'CUIMDL Cr ECOI R)AN+E NENESCI'A 1.7 1 l 9 1 I -i BY __ MO/or By _Mnoger Ira _. • / I ' TAXPAYER SOW=SWIM Hennepin County.Minnesota k // • BLOCK I 2 I !, I hereby certify that loses pyob/e it and prig yeor..hoes been pad for land described on this pint. C. 6 1 Oared/hu___day of I9_ 'r / t r it) Hennepin Count Auditor B Deputy C.0 I Patrick H O'Connor, ep y y__ C..S I fLJ Z. / I f SLIMY SrCIX.Y(Hennepin Counts Minnesota MZ. / `� r.- I =�11{ Pursuant to MINN SIAL Sec.3a3B.5B5(/965)this plot hos been',perused the____do.or_ . .,M f �) I t l of//s'.gem.sg 19 / 1 9 Gory F Caswell,Hennepin County Smelar By L < ) r_.�' _ I p (}OEMd/RECguta Hhe 0/t f:ounty.MMmovafa ,--I ,. _ I A I hereby Certify that the within plot of LorHEertAEM Arvrrlpp ww Red�n tel:alike lint----dal.of \� I n9 .al .',loss, er 1, i ( ♦ Ion ___ -� �S7o \------- tar rQlb4fT a ---- J I R.Dan Carlson,Hennepin County Recorder By Orr,,,, ODeyo,�. y N 16'5 W 17771 .N25°1441'E . r A-a77 WESTWOOD Proresslanai.Services,Inc. _noel 1 Of 1 tnreh t� 1.'T,, 11n1V AP DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: .l-V SECTION: Consent Calendar ' DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5404 Engineering Division Approve Construction Plans and Set Bid Date for CSAH 4/Eden Prairie High Rodney W. Rue School Entrance Project Recommended Action: Approve resolution approving construction plans and specifications and ordering advertisement for bids for CSAH 4 signal and roadway improvements near the proposed high school entrance/Edenwood Drive intersection. Overview: The City Council, on March 19, 1996, received a 100% petition from the Eden Prairie School District and ordered these improvements and preparation of plans and specifications. Primary Issues: From the original concept (intersection improvements funded entirely by the school district) to the current construction plans, the scope of the project has expanded slightly. Widening of CSAH 4 is proposed to be extended southerly to the Valley View Road intersection. This will provide an alignment consistent with the future CSAH 4/Valley View Road intersection improvements without having to rebuild the roadway tapers necessary for the CSAH 4/High School/Edenwood Drive project. Financial Issues: This construction plan with the above described modification will justify some City cost participation in both the construction and design costs (estimated at $160,000). These costs are proposed to be funded by municipal state-aid. The school district will be responsible for a majority of the project cost (estimated at$540,000) to widen CSAH 4 and install a traffic signal at the new high school entrance. In addition, Hennepin County is proposing to perform all the construction administration for the project at no cost to the City of Eden Prairie or the school district. Therefore, we would recommend approval of the resolution approving the plans and specifications and ordering the advertisement for bids for I.C. 96-5404 (traffic signal and roadway improvements on CSAH 4 near the proposed high school entrance/Edenwood Drive intersection). I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer (through Westwood Professional Services, Inc.) has prepared plans and specifications for the following improvements to wit: I.C. 96-5404 Traffic Signals and Roadway Improvements on CSAH 4 near the proposed High School Entrance/Edenwood Drive Intersection and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three (3) weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m. on Thursday, February 6, 1997 at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday,February 18, 1997, at the Eden Prairie City Center,Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on December 17, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Z DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: j SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 94-5344 Engineering Division Approve Informal Professional Services Agreement for Design Services from Rodney W. Rue SRF for Flying Cloud Drive/Shady Oak Road Intersection Improvements Recommended Action: Motion to approve Informal Professional Services Agreement for Design Services from SRF and authorize the City Engineer to enter into said agreement for design services. Overview: We have been working with MnDOT for a few years to get traffic signals installed at the Th 212/Shady Oak Road ramp intersections. In addition to these signals, (which are scheduled for 1997), Flying Cloud Drive/Shady Oak Road intersection improvements (including a permanent traffic signal) were proposed to be part of MnDOT's project. Primary Issues: Recently MnDot advised us that their design staff was unable to design the Flying Cloud Drive/Shady Oak Road intersection improvements. They were only able to design the ramp. signal portion of the project, unless we were willing to delay the project for another year. Since we are responsible for all the design costs for the intersection improvements and in order to keep the project "on schedule", we proposed to hire a consultant to design that portion of the project. The construction plans (that we propose to design) would then be incorporated into MnDOT's traffic signal plans and MnDOT would do all the construction administration for the project. Financial Issues: The Design Services Informal Agreement estimates a design fee of $42,700 to perform the preliminary and final design work for the Flying Cloud Drive/Shady Oak Road intersection improvements. The design fee and future construction and contract administration costs are proposed to be fmanced by municipal state aid. Therefore, if the City Council is committed to getting this project started in 1997, we recommend approval of this Design Services Agreement from SRF Consulting Group, Inc. in the amount of$42,700. WTICONSULTING GROUP , INC . Transportation■Civil•Structural•Environmental■Planning■Traffic•Landscape Architecture•Parking SRF No. 0962546 December 6, 1996 Mr. Rod W. Rue, P.E. Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Mr. Rue: SUBJECT: CSAH 61/TH 212 INTERCHANGE IMPROVEMENTS SHADY OAK ROAD/FLYING CLOUD DRIVE INTERSECTION IC 94-5344 Thank you for considering SRF for the referenced project. As previously directed, we are proceeding with the necessary survey work. After completion of the field surveys, we will perform the following major tasks: perform traffic analysis for 20-year design period; prepare preliminary layout for City and Mn/DOT review and approval; and complete final plans for inclusion in Mn/DOT's bid package, which includes signals at the TH 212 ramps and minor geometric revisions. Based on our current understanding of the project, we estimate the following costs for the major tasks: Task 1 Design Surveys $ 6,600.00 Task 2 Traffic Analysis $ 2,600.00 Task 3 Preliminary Layout $ 7,500.00 Task 4 Final Design $26,000.00 TOTAL $42,700.00 We propose to be paid on an hourly basis for actual time spent on the project. We propose to use our previously agreed upon rates and will not exceed the above figures without prior authorization from the City. • One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (612) 475-0010 • Fax (612) 475-2429 An Equal Opportunity Employer 2 Mr. Rod W. Rue, P.E. - 2 - December 6, 1996 Final plans will be completed in time for an early spring letting; we anticipate a fair amount of coordination with Mn/DOT, particularly in the design of the signals, and have accounted for it in the project schedule. Thank you again for choosing SRF to perform this work. Please do not hesitate to contact us if you have any questions. Sincerely, SRF CONSULTING GROUP, INC. C- AptEWd12A,,,______ James R. Dvorak, P.E. Principal JRD/smf Accepted by: CITY OF EDEN PRAIRIE Date CITY COUNCIL AGENDA DATE: December 17, 1996 SECTION: Consent DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Community Resource Center 11 Chris Enger Advisory Council David Lindahl REQUESTED COUNCIL ACTION: Approve dissolving the Eden Prairie Community Needs and Resource Council as per the attached memorandum from Natalie Swaggert. Approve the City's participation in the Eden Prairie Community Resource Center Advisory Council. BACKGROUND: South Hennepin Regional Planning Agency (SHeRPA)received a planning grant from the State in 1994 as part of a statewide effort to promote better ways to meet the needs of families. As a result, a partnership called "The Family Services Collaborative" was formed between the cities and school districts of Eden Prairie, Edina, Bloomington, and Richfield, human service providers,Hennepin County, Public Health, and various citizens. Recommendations were developed are now being implemented with another State grant. The basic recommendations are as follows: • Establish Community Councils in each of the four communities to oversee the operations of the local resource centers,identify human services needs of the community, and coordinate resources needed to address those needs. Since most of the responsibilities of the existing Community Needs and Resources Council (CNRC) will be assumed by the newly formed Community Resource Center Advisory Council,the CNRC made a motion at their December 10 meeting to dissolve in recognition of the new Advisory Council. For more about the purpose, structure, and membership of the new Advisory Council, see the attached Bylaws. • Establish Local Resource Centers in each community where residents can get help in connecting to social services and other community supports quickly and successfully. Eden Prairie's resource center will be located in a shared office arrangement with the E.P. Foundation next to the Garden Center entrance. It is expected to open within the next month. The four resource centers will be connected to a computer database operated by a regional support hub located at the Edina Community Center. • Develop a Family Support Network through an agreement that human service providers sign. The agreement, which is referred to as a Memorandum of Understanding (MOU),provides guidelines that providers follow when dealing with families, including identifying and responding to family problems early, and to follow-up on referrals to make sure families are connected to resources. SUPPORTING INFORMATION: See attached Bylaws. MEMORANDUM TO: Mayor and City Council FROM: Natalie Swagged, Director of Human Resources, Community Information and Services DATE: December 10, 1996 SUBJECT: Community Needs and Resources Council At the Tuesday, December 10th meeting of the Community Needs and Resources Council the members took action as follows. Motion: G. Beckmann moved, seconded by V. Gartner, to dissolve the Community Needs and Resource Council. Motion carried 9-0. In recognition of the creation of the new Eden Prairie Community Resources Center Advisory council organized to discuss and address community needs and to advise on the operation of the Eden Prairie Community Resource Center, we the members of the Community Needs and Resources Council perceive that our organization will be redundant and recognize that we need to be dissolved. NJS:bmm CNRC disk m mcc9(.wpd 2 I • • . EDEN PRAIRIE COMMUNITY.RESOURCE ENT'ER. D► S R :...: C. . :.:.::... C TI LE I. A� NTame The name of this body will be.,'The Eden Prairi&COmm- urir Resource willthroughout ese::>By laws as the Council."and be referred to th ARTICLE IL O eri hu vii need °t� a communi The purpose of the.Council will be to assess the ma.r�... .:::..... � ;. ,, th.. and work through the Community Resource Center ar�dtlr: omu °building • to address those needs to impr+ave the total quality of Izfe in Eden en Praixi ..:........:.... ............. .... ......... ..... ARTICLE III 'I' .(Membership� � . . ............ ::....:....:::.: .. :::.:.. Section 1. The membershipbody of this will be'limited;: ,.twelve. mb represent the followingorganizations:ions: Eden Prairie (elected) ed 1, City ofri t ) • a i of Eden Prairie (st aff)ft 1 l 3. School District 272 (elected) :`:`::::::'' ..;::: ::.;::'::::;: <:::' ::.::' '`` :: ::::' ` :: :'' ::> :' c c 4, School District 272 (staff) 5 OP People Reaching Out to Other People . APR � 6. Eden Prairie Chamber of Commerce.. and Memb 7. . Senior Center Board . • Ministerial Association 8. 9. enc . Coordinating the CRC • 10 Hennepin CountyPublic Health.<.>..:.>.:. • » 11. Eden Prairie "at-large Resident 12. Eden Prairie "at-large" fes�dert.:>: :>::>:> The at-large members adult & youth) will be`:a `painted b thy::other` > :members of the Council through a simple majority vote. Egypt Coordinating en , each member will represent 0 ':vote l+ en t tes) Section.2. Member organizations will appoint a new pergcn possiblel organization to the..Council every two years.... a membership.terms;av l • re follows;st e dos a Odd Years: {full two year terms starting in c of Ede n Prairie (el ected member) Ministerial Association Hennepin County (public health o G School District 272 (an elected member)... ..Yo uth Representative ive re n Representative Parent t Even Years: (one year term in 1997 two.year terms e %a '> City (staff) • r r f mrn e h � e G b e o 0� a1�1 Schoo l (s taff) PROP Seni or rCe Center Board Lead Coordinating Agency.' Section 3. All member organizations will appoint to the Cotiticil any person within organization who lives or works in Eden Prairie:Appointees should be willing to make a commitment to attend all regularly scheduled meetings andI a:<' » the Council, contributingmember of Section.4. Any member or organization desiring to'resign from the Council ll:subid t: ;< ' «': a written resignation to the Lead Coordinating Agency repr..esentative;and to <'..:0::< : the chair of the . organization represented, Tbe> LeadCoordinating ': representative will place it on the next agenda(of action by t i e sponsoring:organization will appoint a new member from theirorganization < :: if an organizati.on. chooses to resin, the Council ion. a similarat wiwith organization. g Sectican 5.• Members can be removed for cause by a two-thirds vote :.;:>> <': »:.: ARTICTZ TV. (Meeting Section 1. Instead of electing officers Chair/Vice Chair),the Council Facilitator. The responsibilities of the Meeting Facilitator areas follows • • contact Lead CoordinatingAgency representative re p insure that the agendas for up coming meeting... s. <pr p red per direction from the Council • • call meetings to order and work througkalLagenda items within the::::::•: : allotted meeting time, In fairness::t :'all:members.:eve fo should:;..::< be made to complete meetings as:' scheduled,::; enda items addressed within the allotted meeting time should'be deferred to ...next meeting, unless a simple majority of members move to extend the;:;;;;:::::. 2 4 meeting. • perform the duties prescribed by thes3 lasanOby<:parliam e>:nt a : ;...:> .°.>..... authority adoptedthisCouncil, by A Recording Secretary will be provided either through:,the • Agency, the Resource Center Coordinator..:.or.Other unte s:;st g:th :: ;.:: :` Center. • section 2. F,aeh orga.nization.(except for the Lead Coordinating cy):vwill at serving a one year term (four meetings) as Meeting= rotational basis. Meeting Facilitators will be chosen alphabetically starting";; >'::,>: . with the first..letter of the organizations name as listed ' . designated Facilitator is absent from a.meetirig. or cannot responsibilities for any other reason, the Facilitator- movedresponsibili b ><;` al' hob tica l forward to the next organizatiori`listed '97 • `98 '9 '( ::` `€iia` t :»>. >:: Chamber . Fac. City of EP F ac Henn c. • He nnepin County Fa :F Mini ri 1 • ste .a Ass >:: ::.:::.:::::.:::::>:::::> :>::>:::: .::• ::::' PROP Resident (adult) ;:... •Resident(youth) School District Senior Center Board c ARTICLE LE � etas Section 1. The regular aetings will be held 'quarterly beginningnJanua� 1 > > :;.: .Meetings will be held on the first Tuesday of each.quarter The meetings • ..start at 8;30 p.m.and end at 5;30 p.m. Regularly`'scheduled:meeting canceled due to a lack of a quorum, or by a simple...mai ity Council: Section.2. Special. meetings may be requested by iy:members-Of the: C:+ 1t.:..b ;;;; :: . contacting the Meeting Facilitator and indicating In writing the purpose a• thy; meeting"The Facilitator must assemble a quorum.before the sp +cial.:meeting Can.occur. Except in an emergency, three days notce,. rt: tbe.given • the meeting with a purpose stated in the call. • Section 3 A simple majorityof the Council consi�� tesaquorurn<(::$::. ; y tOg . er.< bers<: )*::: : Section 4. Meeting Agendas will be prepared by the i.,ead` i✓Oordinating coordination with the Meeting Facilitator" Meeting:agendas..for upcoming:: 3 • it regularly scheduled meetings may be reco a ttt th ; itoi -.:.:::.:::<.;; ARTICLE VI (Committees) Committees,standing or special,can be assembled when necessary but tritiS' PP by a simple majority of the Council:, and should have clearly.defined ARTICLE VX . n it ties and sibi�ii yes:::' (Duties Res Serve' as the advisory and fiscal review body::t i en :Pratit ie. <: ' • Resource Center, ter. Ensure designation of a fiscal agent for the Resourcecertter tl activities as appropriate, r ater a P � p � vRevenue Approve spending plans for Prepare and. approve an annual work plan at .the •(January),.. ).• Facilitate the implementation of the Family Services oll .borati .e.as•itapp .t+ . .;.,.,.; ... Eden Prairie, Coordinate efforts to.assess and address the human service needs of the•.community;':.;,; primarily through the 'operations of the Community Resource:.;;Center:;.but throughcommunitybuilding efforts when appropriate . riate . .Advise School Beard,.:.City Council, and other bodies'a determin >gx.:. ec 'Y. o e : < about resource Center and Family Services C._llaborativ ::related :: ,A RTICLE VIII. ':.. Ia t>:•.;:. (Conflict of fence �. .;.; n Members are tQ declare anyconflict of interest that ina"a . ..:these s tuati4 :;ti : :: : ': � members will have no voting rights. (Conflict of interest will beunderstood to•mea .• direct or indirect financial gain on the part of the individual voting.) Conflicts other than financial will be openly discussed by the Council and resolution ofsuch; sues. :t onfull Council. the by • ARTICLE IX. • LE Erliamerittuy The rules contained in the current edition of Roberts Rules of:Order:•:. 1.>:.:g:vern this in all.cases to which they are applicable and consistent with these bylaw arid.any special `>.: :: : rules of oxder.th Council may adopt. 4 • ARTICLE X. . .. ... . endinent of Bylaws:::: :: These bylaws may be amended at any regular meeting of the Council by a two-thirds rovi� ed that the. amendment has been submitted::>:in;:;vWritin a > ::» ; e ous.: o > meeting, L X 1'� L Aft � n . The Council can be terminated at arty regular meeting of the Council by a o-thirds vote,: provided that a call for termination has been submitted inwrit :: pr vi us eg .; meeting;e tin Draft9/17/96 First . Second Draft 10 1 9 6 Final Draft fi 6 1 5 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-17-96 SECTION: PUBLIC HEARINGS A ITEM NO. V, • DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH 7TH ADDITION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 28.75 acres and Rezoning from Rural to R1-13.5 on 28.75 acres; • Approve a Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres; • Approve a Resolution for PUD Concept Review on 489.7 acres; • Approve a Resolution for Preliminary Plat of 69.70 acres into 38 lots. Background: This is a continued item from the December 3, 1996 City Council meeting. The staff has reviewed the revised Bearpath 7th Addition plans and present the following comments. 1. The proposal contains 39 lots. Lot 6, across Riley Creek is part of the plans. 2. The City Forester has determined that tree loss is 33%. There are 9,167 inches of significant trees. A total of 3040 inches would be physically cut down or lost due to construction practices. To meet a 31%tree loss, an additional 200 inches or 12 trees should be saved. 3. The trail is in the same location. Staff Recommendation: The staff would recommend an alternative development plan for 38 lots. This plan eliminates lot 6 across Riley Creek and reduces tree loss to 28%. This is accomplished by eliminating the eastern cul de sac, rearranging and removing one lot next to next to Riley Creek, and adding one lot back into the center of the project. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat BEARPATH 7TH ADDITION 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 Bearpath 7th Addition by Bearpath Limited Partnership for construction of 38 lots 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: 28.75 acres from Open Space to Low Density Residential all located at North of Bearpath Trail and south of Rice Marsh Lake. ADOPTED by the City Council of the City of Eden Prairie this 17th day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Z BEARPATH 7TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BEARPATH 7TH ADDITION FOR BEARPATH LIMITED PARTNERSHIP 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 Bearpath 7th Addition PUD Concept by Bearpath Limited Partnership 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 December 17, 1996; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Bearpath 7th Addition, 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 December 10, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 28, 1996. ADOPTED by the City Council of the City of Eden Prairie this 17th day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk BEARPATH 7TH ADDITION Exhibit A Legal Description PROPOSED PLAT DESCRIPTION That part of the West Half of the Southwest Quarter of Section 18, Township 116, Range 22 lying South of a line drawn from a point on West line of said Section distant 412.5 feet South of the Northwest corner of said Southwest Quarter to a point on the East line of said West Half of the Southwest Quarter distant 775.5 feet South of the Northeast corner thereof. And That part of the North Half of the Northwest Quarter of Section 19, Township 116, Range 22 lying Northerly of the Northerly line of the plat of Bearpath Addition. And { That part of Outlot B, BEARPATH THIRD ADDITION, Hennepin County, Minnesota, lying north of a line drawn 755.00 feet northerly of and parallel with the most southerly line of said Outlot B. . BEARPATH 7TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BEARPATH 7TH ADDITION FOR BEARPATH LIMITED PARTNERSHIP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Bearpath 7th Addition for Bearpath Limited Partnership dated December 10, 1996, consisting of 69.70 acres into 38 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 17th day of December, 1996. Jean L. Harris, Mayor ATTEST: • John D. Frane, City Clerk 5 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-17-96 SECTION: PUBLIC HEARINGS ITEM NO. V . .0 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDEN PRAIRIE MALL EXPANSION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Approve a Resolution for PUD Concept Review on 87.13 acres. Background: The Planning Commission voted unanimously to approve the Eden Prairie Mall expansion at the October 28, 1996 meeting based on the following conditions. 1. A waiver from the City code should be granted to allow parking to be striped at an 8.5 foot stall width. 2. A waiver from the City code should be granted from 5.5 spaces per 1,000 sq. ft. GLA to 5.0 spaces per 1,000 sq. ft. GLA. Actual parking would be 4.5 per 1,000 with .5 spaces per 1,000 proof of parking.A parking deck would be built if the City determines it is necessary. 3. Additional parking would be constructed along the east side of the mall. 4. Credit for total number of on grade spaces would be based on a 9.0 stall width. This means that credited parking spaces would be 4.2 per 1,000, and .8 per 1,000 would be deck proof of parking. Recommendation: The staff recommends approval. Supporting Reports: 1. Resolution for PUD Concept Review 2. Planning Commission Minutes dated 11-25-96 3. Staff Report dated 11-22-96 4. Correspondence EDEN PRAIRIE MALL EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE MALL EXPANSION FOR GENERAL GROWTH PROPERTIES,INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and, WHEREAS,the City Planning Commission did conduct a public hearing on the Eden Prairie Mall Expansion by General Growth Properties, Inc. 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 December 17, 1996; NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Eden Prairie Mall Expansion,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated December 10, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 25, 1996. ADOPTED by the City Council of the City of Eden Prairie this 17th day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2. Exhibit A Eden Prairie Mall Expansion Legal Description Eden Prairie Center 4th Addition, Lot One, Block One. Eden Prairie Center 8th Addition, Block One,Lots One and Two. Eden Prairie Center Addition, Block One, Lot Two and Four. Eden Prairie Planning Commission November 25, 1996 B. EDEN PRAIRIE MALL EXPANSION by General Growth Properties, Inc. Request for Planned Unit Development Concept Review on 87.13 acres. Location: Eden Prairie Mall at Highway 169 and Prairie Center Drive. Franzen commented this is the first part of the process for the review of plans for this project. They are looking at the planning development concept to consider the general feasibility of the project. It would return to the Planning Commission some time after the first of the year to look at specific plans for the building architecture,utilities,the site plan,bus service,the grading plan, and the landscaping plan. Bill Mosten of General Growth,gave an overview of the plans submitted. He explained the plan includes the addition of Daytons department store to the shopping center and the subsequent relocation of Sears to accommodate the addition of Daytons at the south side of the building. The plans include a new consolidated United Artists theater. The food court has been relocated from the lower level of the center court up to the upper level adjacent to the movie theater. A multi purpose ice rink will be added to the center court to be designed in such a way to be used for other functions. There will also be a number of big box users to the shopping center. They will be renovating the entire mall and adding new sky light fixtures and finishings all over the mall. The square footage will be approximately 1.2 million up from 900,000. Tom Brink, architect, Park Hill Associates, explained the design features of the mall and pointed out the locations on the diagram. He noted that his company is considered one of the premier mall designers in the country. The desire here is to create kind of a town center or a gathering place for Eden Prairie residents to have a feel almost like Main Street of past years. There will be a reason to come here other than shopping. The goal is to bring in smaller buildings rather than make this feel like a very large repetitive sort of building. They have worked with staff to bring in some civic uses into the center court where the City could program the space. There is a better location for this down on the lower level where there is access from the exterior parking. Mosten commented they're looking to put in a children's play area near where people can have a cup of coffee and watch the shows. The upper level will have a lot of visibility from the food court to the ice rink. This will be like a downtown common area also creating an outdoor feeling inside. There will be a new signage program on the interior to help customers get around the 3 Eden Prairie Planning Commission November 25, 1996 site as well as on the exterior. The Daytons store will be a duplication of the store in Maplewood. On the whole, this will be a new shopping center and you may not recognize the old one. Foote was concerned about stores being shut down during the construction phase. Mosten replied they will not close Sears at all because they have to be operational through the whole process. They are currently working on a plan with the tenants to relocate in each quadrant during construction. Kardell commented it was not too long ago the Commission had a proposal from the mall to add restaurant pads in the parking lot which is now Mervyns. She was concerned about jumping the gun on the parking issues. Franzen said in 1994 they were looking at 9000 square foot pads out in what was the Carsons parking lot for a restaurant. Because this never got built, it's his understanding that the restaurant will not occur out in the parking lot and that would be available for parking. Ismail asked what the big box tenant is. Mosten replied the major sporting good stores,houseware stores, etc. Kardell was concerned about who will be responsible for the maintenance of the City space as well as the ice arena, and the programming responsibilities connected to the different uses. Mosten replied from their prospective the City will be the tenant. The space will be there to do with it what they wish. They will be glad to help work with them and coordinate with them. It will be total space to how the City wants the ice rink. General Growth will be the operator of that ice rink and it's their responsibility for the maintenance and the programming on day to day operations. Kardell expressed concern about only one set of escalators that goes to the theater from the inside of the mall. She asked if that was adequate access to get people back and forth to restaurants that might be located in the center. Mosten commented that they try to disburse activity throughout the center. He did have some concern on a project they just did in Houston similar to this with one set of escalators. It's been working very smoothly and he was proved wrong. He believes it will be just fine. Brink said they had a plan with another set of escalators and United Artists said it wasn't necessary. Sandstad commented it's a good job on the concept plan and he liked what he saw. He said there would probably be a parking deck sometime in the future and asked if there was any particular quadrant of the property where those 4 5- Eden Prairie Planning Commission November 25, 1996 long term thoughts might be. Mosten replied it's not something they have given a lot of thought to yet. They feel they are maxed out on the site at this point. There are no plans for any additions of the site than what they have here. Sandstad asked if there were any specific details as to the free standing structure on the front elevation. Mosten stated they will try to capitalize on gaining visibility on 494 and the idea is to create a fun and exciting entrance. Sandstad encouraged the use of an electric zamboni for the ice rink because they have had no problem with electric indoors so far. He asked what the square footage is of the City's open space area. Enger replied at this point they are thinking in terms of 5000 square feet and the cost to the City would be extremely low. Foote was concerned about how many parking spaces they will be loosing. Mosten said a couple of hundred. Foote said if they built a parking deck it would compensate for what they lost. Ismail asked what makes them think this plan would change the health span of the center. Mosten said Daytons is a big help because it's the predominant retailer. This is one of the highest population growth areas in the metro area and it's certainly leaning towards an increase. Wissner was concerned about the one way through system in the parking lot. Mosten said the department stores don't like it and they would rather not do it. However, when you get into the high Christmas season, it does flow the traffic better. Wissner commented she shops at Southdale Mall because it's one way and it flows better. She doesn't want to get in a situation where people can not make a left out. She was concerned about the 14 movie theater because she wasn't sure if there was such a need for it and whether it would fill up. Habicht said it's a wonderful project but was concerned about the external traffic not necessarily on the site but the access points. Mosten replied they are fairly comfortable with the situation. Mr. Weisner stated the square footage will be an eight to ten percent increase. A traffic study was conducted by BRW which concluded that the additional square footage would result in approximately 300 cars to a two way operation 5 (U Eden Prairie Planning Commission November 25, 1996 to the traffic system for the mall. It would be a modest ingress but not enough to cause a concern. Habicht expressed concern that traffic is going to be an issue more so than parking or internal routing of traffic. Franzen said one of the frustrations he has with Southdale and Ridgedale is they don't have enough potential access points in and out of the mall area. The malll here has five potential signalized intersections. Kardell was concerned that Chanhassen, Chaska and Waconia do not have convenient access to the mall. The only way it's convenient for those people to get there is to come up Highway 5 to Prairie Center Drive to Singletree Lane. She was concerned that the other entrances and exits would not be utilized. Habicht said they should not underestimate the traffic impact from Highway 169. Sandstad asked that pedestrian concerns be included in the study. He was concerned that there be a safe place for pedestrians to cross. He commented that one of the reasons he does not visit movie theaters right now is they are old and welcomes the new movie theater. Foote commented that he does not see traffic as a problem here. He thinks human nature will tell people to go around to the other side when one side is crowded. Enger said they are confident this will go well. There is a lot to be done at the intersection surrounding the center to be improved so that this will be one of the best centers in the future. Gray commented they could use four to six lanes and they need to have double left turn lanes at the intersections,particularly at Prairie Center Drive and Highway 169. Those kinds of improvements would be significant. Another thing they need to do is emphasize transit connections to this facility. The transit hub is much more important in the future than it is perceived today. They need to make a lot of intense improvements in the long run to make this system work and to make it much more accessible to both pedestrians and transit. Franzen reviewed the Staff Report with the Commission. He explained the parking proposal noting that three alternatives for parking at the shopping center were proposed. The first concern is having total parking spaces out 6 7 Eden Prairie Planning Commission November 25, 1996 there to meet the needs of the department stores,the mall, and the City. The proposal is for alternative three which is 4.5 spaces per 1,000 square feet and proof of parking which could be deck parking in the future. They have done proof of parking on many projects,mostly on large office buildings, and the most recent was with Twin City Federal. Alternative three includes the reduction of the stall width from 9 feet to 8.75 feet which staff suggested allows more of surface parking to be built without having to rely upon a parking deck. It also includes additional parking spaces on the east side of the shopping center. The potential improvements listed in the Staff Report are the minimums needed to accommodate traffic for the mall at ultimate development and occupancy. A more comprehensive look at traffic and access for this project and the commercial areas near the mall is needed and will be worked on jointly between General Growth and City staff to develop area solutions that work best for the mall and the City. This would be reviewed with the Planning Commission and City Council as part of zoning and site plan review. Kardell commented she would not be comfortable with a parking stall less than nine feet wide.. Eden Prairie is very heavily populated with four wheel drive vehicles and she would not be comfortable with smaller parking stalls. Foote asked where the compact spaces would be located. Weisner explained that where they have tight spaces and expansion they tend to put the compact spaces. It's in the outer area of the parking field and they keep more normal size spaces in the parking area. Foote. He would like to see 9 feet but would settle on no less than 8.75 feet. Clinton commented he was comfortable with an 8.5 foot stall width. Wissner commented her main concern is not the width but that it be angle parking. It's much easier to get in and out when it's angled and it does make a difference. Chris Enger explained a different way to look a parking. He felt the City could grant General Growth a waiver to stripe the paking lot at 8.5 feet wide, but only give tehm credit for the number of parking spaces based on a 9 foot stall width. This means that credited parking is 4.2 per 1000, instead of 4.5 as requested by the developer,with.8 per 1000 as proof of parking in a deck. He added that it does not matter how the lot is stripped, since 10 months out 7 Eden Prairie Planning Commission November 25, 1996 of the year the lot is half full. The busy season and during the winter you can always see the stripes because of the snow and people park a little farther apart. The City should be more concerned with having enoung parking spaces. The Planning Commission discussed the parking stall width furhter and based on the staff analysis could support the 8.5 stall width. MOTION 1: Sandstad moved, seconded by Kardell, to close the public hearing. Motion carried 7-0. MOTION 2: Sandstad moved, seconded by Kardell, to recommend to the City Council approval of the request of General Growth Properties, Inc. for PUD Concept Review on 87.13 acres based on plans dated November 22, 1996,with an 8.5 parking stall width to be striped as a waiver from the City code, with credited parking at 4.2 spaces per 1000, based on a 9 foot stall width and proof of parking to 5 spaces per 1000. Motion carried 7-0. 8 9 alTPA PIA SOUTHWEST METRO TRANSIT 41111, MEMORANDUM TO: Mike Franzen, City Planner City of Eden Prairie FROM: Kate Garwood,Policy&Administration Coordinator DATE: December 3,1996 SUBJECT: PROPOSED REVISION TO SITE PLAN FOR EDEN PRAIRIE CENTER Recently, Southwest Metro received a copy of the proposed expansion plan for the south side of the Eden Prairie Center,indicating the proposed relocation of Sears and the addition of a Dayton's store. It appears that these plans will provide important improvements for the economic vitality of the future of the Center. Certainly,this is welcome by the existing tenants and surrounding business neighbors. As one of the"tenants"of the Center(SMTC has an easement for this park and ride site which extends to September 1, 1998),we are concerned about the significant impact this plan will have on our current operations. • This is the agency's largest park and ride facility with more than 200 express riders utilizing the facility on a daily basis. • Eden Prairie Center serves as our major connection point for shuttle trips from Southdale,the Mall of America, the hotels, and Hennepin Technical Center. • In addition, it serves as the main connection point for the Reverse Commute project which brings people from the urban areas to jobs in the southwest suburbs. Our concerns are twofold--the present and the future of this transit facility: Present Operations Concerns We are concerned about operating from this location during construction. Our transit hub facility will not be open until mid-to late-1998, therefore,moving to that location is not a realistic alternative. Access to the site during construction will also be an issue. Future Operations Concerns While some of our services may shift to the transit hub site in time, we hesitate to say that such a shift would eliminate the need for my y transit facility at the Center. Most communitites utilize shopping centers as major links for their transit operations and,for that matter, most shopping centers of this size desire a transit connection for their customers and their employees. Access to the center is also a concern for the future. Customer Concerns Our customers also appreciate this connection and have told us via a recent survey that they do not want the Eden Prairie Center park and ride facility closed even when the transit hub 10 Eden Prairie Center 2 December 3, 1996 Park&Ride Facility opens. The site is within walking distance for a large number of residents to the south and east of the Center. It also provides for convenient shopping opportunities for our riders. We are available to meet with you and others you feel appropriate regarding these issues. At a minimum,it is important that we discuss the potential relocation of our easement, perhaps to the east side of the Center,during construction,if not permanently,in order to provide uninterrupted service to Eden Prairie Center. Please contact me at your earliest convenience about a time and place. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 22, 1996 SUBJECT: Eden Prairie Mall Expansion APPLICANT: General Growth Properties FEE OWNER: General Growth Properties LOCATION: Eden Prairie Mall,West of Highway 169 and Singletree Lane REQUEST: 1. Planned Unit Development Concept Review on 87.13 acres. 1 �g ..-c,-. og'" i ,..,0:':'' . t:RossiRc. - • _______,„...„........,........., )N,,,_......... ..A °L:�.?A • ,cS nIH i7 + EST r Yx 78 TH ST. -P' I t 1111 i 7 ::::::::::::::.1.i:.7:::::.:: ::::.: :::::: :.:: :: ..: ,:!.. ii•::•i:•it I LEONA ROAO� R°P /'''..4.%%%.7%***............................... O MIN C T T:: a af'talY s:L S + E•% MARKE LATER E.''. Tdr`REE; ,:r4) ••f J4:4� i S:i :L:: l •----III�LIIIII°--- ' _:tea 3• b' /----------- WEST tad ADO 1 ! if rj_ -C• ,' • ' C �- T R z ,r �,'rt.,., 111117A 4 4 Ne. EN 0.,,41 (/ .. . PRAIRtE -... ..�plii/ .' '' ._.. E N REG/04 . ..E;•e � R I'9'� CINTE9.44/ ;t th C. Te • — t• . . e• ♦� L : s E� - 01 t 44 NG _ I a...w: `�: s. ,v -... . . ..„... r :z. ;.; • ,_ _ . ;.... .R 'i �L' DS g�.L. o CENTER Y '%lf!L:!I 4\ \ I U , 139A BCVDIN CARRAEm a ' �4` 1 • r2i,74/ c:;:- ex p,r3D. * RA 11/1111.7 F• • ` c �4 NE Ll . _ `_ ROAD �� _- , - . 2 - 'OR UP 1 • • C Staff Report Eden Prairie Mall Expansion November 22, 1996 PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT The expansion plans for the Eden Prairie Mall totals 1,213,206 square feet of gross leasable area. This is a 224,163 square foot amendment to the approved planned unit development concept. The 1973 Eden Prairie Mall Planned Unit Development was approved for 989,043 square feet of gross leasable area. The purpose of a Planned Unit Development Concept is to have the general feasibility of a proposal considered. The PUD Concept is also used to identify issues and the solutions for dealing with them. The Planning Commission's recommendation on parking and traffic becomes the general direction for the preparation of detailed plans for further development of the property. General Growth Properties will return to the Planning Commission and City Council for zoning and site plan approval of detailed plans including parking lot layout, architecture, landscaping, grading,traffic,utilities,drainage and signs. There are two primary issues. 1. Is there enough parking to meet the needs of the shopping center and requirements of the City? 2. What are the traffic impacts and the road improvements needed to accommodate additional traffic? PARKING Parking for regional malls of this size are based upon gross leasable area. Depending upon the mix of tenants,the parking demand can vary between four to five spaces per 1,000 feet of gross leasable area. The existing Eden Prairie Mall was approved at a ratio of 5.5 spaces per 1,000 in 1973,but was reduced to 5 spaces per 1,000 in 1994. General Growth Properties and the department stores are comfortable with 4.5 spaces per 1,000 square feet of GLA, an 8.5 stall width and 10% compact parking spaces. General Growth Properties requests the following waivers: 1. A reduction in required parking from 5 spaces to 4.5 spaces per 1,000 square feet of gross leasable area. 2. A reduction in parking stall width from 9 to 8.5 feet. 3. A reduction in parking stall width from 9 to 8 feet for 10% of the parking spaces for compact parking. Twin city regional malls ( Ridgedale, Southdale, Rosedale , Maplewood, and Mall of America) have 5 spaces per 1000 feet of gross leasable area . All of the malls except Rosedale have a 9 foot parking stall width. Rosedale is built at an 8.75 stall width. None of the malls have compact spaces. 2 C Staff Report Eden Prairie Mall Expansion November 22, 1996 There are three ways to deal with parking. 1. The Planning Commission could approve the parking as requested by General Growth Properties at 4.5 spaces per 1,000 square feet of gross leasable area,an 8.5 foot stall width, and 10%compact spaces with an 8 foot stall width. 2. The Planning Commission could approve 4.5 actual parking spaces per 1,000 square feet of gross leasable area, an 8.5 foot stall width, 10% compact spaces with an 8 foot stall width,and proof of parking to 5 spaces per 1000 which General Growth Properties would build if needed. Proof of parking can be a combination of 200 surface spaces on the east side of the mall and a 400 car parking deck. 3. The Planning Commission could approve.4.5 actual parking spaces per 1,000 square feet of gross leasable area with waivers for a 8.75 foot stall width and a proof of parking plan to 5 spaces per 1000 ( 600 car parking deck) which General Growth Properties would build if needed. Approximately 200 surface parking stalls are needed to meet the 4.5 per 1000 and could be constructed on the east side of the mall adjacent to Prairie Center Drive. The staff would recommend alternative 3. TRAFFIC Getting people in and out of the Eden Prairie Mall in a safe and efficient manner is important to the Mall and the City of Eden Prairie. Some solutions that have been identified by a traffic study and City Staff are as follows. 1. Signals at Den Road and West 78th Street, Franlo Road and Prairie Center Drive, and Regional Center Drive and 169. Including Singletree and Preserve Boulevard there could be five signalized access points which helps distribute traffic more evenly and in a controlled manner. 2. Better access control near Twin City Federal,McDonald's and the Dayton's Store to minimize the number of driveways entering on the perimeter ring road. 3. Make Regional Center Drive and 169 a right-in,right-out access 4. Install directional signs for in-bound traffic prior to the ring road. This would help alleviate the problem of in-bound vehicles stopping to determine which way to go on the ring road. 3 C C Staff Report Eden Prairie Mall Expansion November 22, 1996 5. Make the ring road one-way. 6. Widen the east approach of the intersection to provide an additional right-turn lane. 7. Widen the east approach of the Singletree Lane entrance for an additional through-lane. The above potential improvements are the minimums needed to accommodate traffic for the Mall at ultimate development and occupancy. A more comprehensive look at traffic and access for this project and the commercial areas near the mall is needed and will be worked on jointly between General Growth Properties and City staff to develop area solutions that work best for the Mall and the City. This would be reviewed with the Planning Commission and City Council as part of zoning and site plan review STAFF RECOMMENDATIONS The staff would recommend approval of the PUD Concept Review on 87.13 acres,based on plans dated November 22, 1996 and subject to the recommendations of the staff report dated November 22, 1996. 4 /6 ♦ Sample of GGP Centers with Parking Ratios Below 6.0 3 Met Total 6F Iotat Spades parking Ratio Open Date Notes u Fel!brook Mall,Canoga Park, CA 1,250,000 5,800 4.6 1986 Renovation u3 m Montclair Mall, Montclair,CA 1,294,000 6,206 4.8 1984 Renovation,includes strip center-mall ratio below 4.5. Newgate Mall,Ogden, UT 964,000 4,276 4.3 1992 Renovation , W Natick Mall,Natick,MA 1,150,000 5,178 4.5 1994 Renovation 0 Brass Mill Center,Waterbury,CT 980,000 4,410 4.5 1997 New Center D x i ;n Prairie Center,Eden Prairie, MN 1,250,000 5,700 4.56 1998 Renovation n v I H n 3) n 0 13 it) \ A NOV 19 '96 01:33PM HO .T CHICAGO P.3i4 v SHOPPING CENTER (820-828) Peak Parking Spaces Occupied vs: 1;000 GROSS SQUARE FEET LEASABLE AREA ' On a: SATURDAY PARKING GENERATION RATES Average Range of Standard Number of Average 1,000 Rate Rates Deviation Studies Square Feet GLA 3.97 1.11-6.06 1.13 , 178 838 DATA PLOT AND EQUATION 10,000 - a . p 9,000- 0 Kam' 8,000 .1 0 O 7,000- a Au 14 U• 6000- CI ' a. tm `- ❑ r, 0 • 5,000- ❑ 8 . . ❑ j z "• ❑ ,;, 9 • Fr 4,000- • •._ a • 3.000 .n n '' a n w °- 2,000- o ° '• • ❑ o II ❑ci p d . ' 1,000- ; , di ,-- r' J: 0 - Y s I i 1 1 1 i 1 7 1 i 1 i 1 I 1 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 X _ 1000 GROSS SQUARE 1-Hh I LEASABLE AREA ❑ ACTUAL DATA POINTS FITTED CURVE 1 Fitted Curve Equation: Ln(P) = 1.261 Ln(X) - 0.365 R2 = 0.948 + .. 1 Parking Generation,August 1887/Institute of Transportation,Engineers • 1 I - 127 , it ! . _...1 .r. mime acne - ma - M i IN di i ea a gm I to MI II. ili . z . o SHOPPING CENTER ANALYSIS OF PARKING SUPPLIES March 28, 1988 `o Total Number of No.of Spaces Shopping Center • Square Footage Parking Spaces per 1000 sf m Palm Desert Town Center, Palm Desert,CA . 848,000 4,000 . 4.72 ` ' A I''' Riverside Plaza, Riverside,CA 690,000 2 300 3 33. �' w 3 Central City Mall, San Bernardino, CA . . . . . 1,000,000 . . . . . . .. . .3,552 3,55 '- • Inland Center,San Bernardino, CA . . , 890,000 4,364 4 90i- Montclair Plaza, Montclair, CA •. 1,293,600 6 206 . . . . 4 78 :� Brea Mal,Brea CA . . 1,129,000 5 882 5 21 L 2 Buena Park Mall, Buena Park,CA . , . 1,200,000 5 500 4 58 v D Huntington Center, Huntington Beach. CA . . . 854.991 3,900 4 56 ► o Mission Viejo Map, Mission Viejo, CA . . . . . . 815,754 4,060 4 98 v '' Fashion Island, Newport Beach, CA , 1,152,754 , 5,200 4 51 '' South Coast Plus,Costa Mesa. CA . , . 2,000,000 9 400 4.70 r Beverly Center, Beverly Hills, CA _416 , 900,000 . . . . . . . . , .3,000 3 33 '- • • - Century City Center, Century City, CA . . 677,798 3 176 . 4 69 " The Courtyard, Rolling Hills, CA 585,000 . 1,875 . 3 21 ✓ Del Arno Center, Torrance,CA 2,650,000 12,000 4 53 ` `' ( Fox Hills Mall,Culver City, CA 892,122 4 452 4 99 L" • `\ 7 Galleria at South Bay, Redondo Beach, CA . • 944,000 • 4 968 . . 5.26 fr'- Glendale Gellert, Glendale, CA 4 . 1,386,000 6,000 4 33 I.- ". . • Long Beach Plaza. Long Beach, CA • 688,378 . •.2,775 4 03 `• Los Cerritos Mall, Cerritos,•CA . . . ' '1.320,678 6,630 5 02•'" Promenade Mall, Woodland Hills.CA . . . . . . , . 597,165 2,420 , . . . . 4.05 " m Santa Monica Place, Santa Monica CA 668,250 . . . , 2,020 3 55✓" Sherman Oaks Fashion Square. Sherman Oaks. CA . . . 727,263 . .3,600 4 95 y Topenga Plaza, Canoga Park, CA 1.200.000 5,250 4 38" v West Covina Fashion Plaza,West Covina, CA 1,090,000 . .5,150 4 72 Westside Pavilion, Los Angeles. CA 675,000 .3,000 4 44 Falbrook Maq, Canoga Park,CA . . 1,250,000 . 5,800 ' 4 64 i ` Panorama Mall, Panorama City,CA 1,750,000 9 000 514 " Lakewood Center, Lakewood. CA . . , . . . 2,490 000 . . . . . . ... . 12,000 . 4 82 A • Total 32�2fiS5J 4460 • Average . . . . . , 1,112.612 . . 5,085 Alai 14,3'7 6 / SOURCE: Barton-Aechnan Associates. Inc. �LP��R.f �� r C C EDEN PRAIRIE CENTER EDEN PRAIRIE, MINNESOTA REQUEST TO AMEND ZONING TO ADD DAYTON'S AND EXPAND CENTER 10/ZS/96 Development General Growth Properties has an opportunity to add a Dayton's Objective: department store, renovate the existing Sears store, consolidate and expand the movie theaters, relocate and improve the food court, add and ice rink to center court, and re-merchandise the entire center. Eden Prairie Center has suffered since its opening from its lack of a Dayton's or other major fashion department store. Dayton's is clearly the dominant store in the metro area, and our lack thereof has prohibited us from securing the type and quantities of national retailers needed to succeed. The objective of the proposed renovation and expansion is to capitalize on an improved anchor lineup and our entertainment features to create a totally new and unique first class regional mall. After the addition of Dayton's and the renovation,there will be few if any centers in the metro area with a stronger anchor lineup. Proposed The proposed redevelopment will consist of the following major items: Redevelopment: • Sears will be relocated to a new 125,000 square foot store to be located adjacent to their existing store. • A new 225,000 square foot Dayton's store will be added adjacent to the new Sears store. • A portion of the existing Sears store will be demolished to permit the addition of the new Sears and Dayton's stores. The balance of the building will be converted to approximately 100,000 square feet of new leasable tenant space. • A portion of the existing mall between Kohl's and Mervyn's will be demolished to permit the expansion of the center court area for a new ice rink/multipurpose area and to accommodate the construction of the new expanded food court and new big box tenant space. • The big box tenant space will consist of a new 65,000 square foot 14 screen United Artists Theater on the upper level, replacing the two existing theaters, and approximately 80,000 square feet of traditional big box space on the lower level. • The existing food court will be relocated from the lower level center court to the upper level adjacent to the new theaters. Seating will be increased from approximately 350 seats to approximately 700 seats. • Target will be expanding its store from 105,000 square feet to 135,000 square feet. The expansion will bring the Target entrance up the existing mall. • Locations will be provided throughout the mall for up to three full service restaurants. • The existing mall will be significantly renovated and reconfigured including such items as re-aligning tenant storefronts, new flooring, '' skylights, lighting, handrails, and graphics. • A comprehensive mall graphics package will be added including monument signs at all mall entrances and directional signs at the ring road and in the mall interior. Project Schedule: We have a very aggressive project schedule with a grand re-opening scheduled for fall 1998. To meet this schedule, we will need to begin utility relocations and mall demolition immediately after the 1996 holiday season. Construction of the new department stores and the theater building is scheduled to begin in the early spring of 1997. Sears and the movie theater will need to open in the spring of 1998 so that we can complete the reconfiguration of these spaces prior to Dayton's opening in the fall of 1998. Property Summary: The existing center is an 862,006 square foot regional shopping center on a site of 87.134 acres which opened in 1976. After the proposed expansion is completed the center will have approximately 1,213,206 total square feet. 301,500 square feet of mall tenant GLA,five anchor department stores totaling 721,706 square feet, and theater and big box space of 190,000 square feet. The square footages are detailed below. Existing Mall After Expansion Anchors: Anchors: Sears 204,566 Sears 135,000 Target 105,734 Target 135,000 Kohl's 96,580 Kohl's 96,580 Mervyn's 130.126 Mervyn's 130,126 Total Anchors 537,006 Dayton's 225,000 Mall GLA 325.000 Total Anchors 721,706 Total Mall SF 862,006 Big Boxes 190,000 Mall GLA 301.500 Total Mall SF 1,213,206 * Note: Sears GLA includes 10,000 square foot tire and auto center. Ownership: GGP/Homart Inc. is the owner of 41.897 acres of land(total site is 87.134 acres)and the tenant building. Sears, Kohl's, Target,.and Mervyn's each own their respective buildings, the land under their buildings, and the parking areas to support their buildings. Dayton's will own its own parcel. Parking: Dayton's and Sears have requested that we not add deck parking to the project. Additionally, the overall project is extremely expensive, and can not suport the additional burden of adding deck parking. Therefore,we are requesting a reduction of the mall parking ratio from 5.0 spaces per 1,000 square feet of GLA to 4.5 spaces per square foot of GLA. This ratio reduction has been approved by all the department store parties and is consistent with current industry standards. To help illustrate that a 4.5 ratio is adequate, I have included a chart published for the ICSC (International Council of Shopping Centers)which plots the peak number of spaces that were occupied at over 178 centers and plots this peak relative to the centers' total square footage. The study concludes that the average peak spaces occupied at these centers was 3.97 per 1,000 square feet of GLA. The attached graph illustrates the plot for a 5.0 parking ratio relative to the actual best fit equation. Additionally, we are requesting approval to re-stripe the parking lot using 8'-6"parking spaces instead of the current 9'-0" spaces. This is consistent with current industry standards as outlined by the Urban Land Institute and the ICSC and meets the approval of all the department store parties. Lastly we are requesting approval to add approximately 10.0% compact car spaces at 8'-0" in width. This has also been approved by the department stores and is within industry standards. Most importantly, as retail businesses, it is counterproductive for the department stores and ourselves to suggest a parking plan that would not accommodate all of our potential customers. Traffic: A traffic study is currently being completed which will address the following items: 1. Compare the projected traffic generation rates with those outlined in the City's 1988 traffic study to evaluate the impact of the approximately 200,000 square feet of additional buildable area over the total PUD approval of approximately 1,034,000 square feet. 2. Identify if the increased traffic will adversely impact roads in the area and what improvements would be necessary to correct problems. 3. Evaluate traffic flow into the mall and identify if problems exist. This study will be forwarded to the City as soon as it is completed. Anticipated completion date is November 8, 1996. Approvals Requested: General Growth Properties(GGP)is requesting approval to add Dayton's and complete the outlined renovation of the center. Specifically, GGP is requesting: 1. Overall zoning approval and site plan approval of the addition of Dayton's,the relocation of Sears, and the relocation of the theaters. 2. Approval to increase the mall GLA by 351,200 square feet (approximately 175,000 square feet more than original total PUD approval). 3. Approval to reduce the overall site parking ratio from 5.0 spaces per 1,000 square feet of leasable area to 4.5 space per square foot of leasable area. 4. Approval to reduce the average mall parking space width from 9.0 feet to 8.5 feet. 5. Approval to add approximately 10.0% compact car spaces at 8.0 feet in width. 6. Approval of a tax increment financing package to support the project N. Sample of GGP Centers with Parking Ratios Below 5.0 Mal TojatSF Totat mes Parking Ratio Open Date NAM n Failbrook Mall,Canoga Park, CA 1,250,000 5,800 4.6 1988 Renovation m Montclair Mall,Montclair,CA 1,294,000 6,206 4.8 1984 Renovation,includes strip center-mall ratio below 4.5. m Newgate Mall,Ogden,UT 984,000 4,276 4.3 1992 Renovation w -13 Natick Mall,Natick,MA 1,150,000 6,178 4.5 1994 Renovation 3 x 0 Brass Mill Center.Waterbury.CT 980,000 4,410 4.5 1997 New Center D m `men Prairie Center,Eden Prairie,MN 1,250,000 5,700 4.56 ' 1998 Renovation -1 (-) D G) 0 L • C'tS. N \ A 7 1 r awe asa• MO MO — i - - MO AN al el t - f. - 3 • . 2 . o SHOPPING CENTER ANALYSIS OF PARKING SUPPLIES March 28, 1988 tD Total Number of No.of Spaces Shopping Center • Square Footage Parking Spaces per 1000 sf m Palm Desert Town Center, Palm Desert,CA . . .848,000 4 000 4 72 1- " 4. Riverside Plaza. Riverside,CA . , 4 0 690,000 2 300 3 33. ✓ s Central City Mali, San Bernardino. CA . . . , 1.000,000 3 552 3 55 y o Inland Center. San Bernardino,CA . . . , 890,000 4 364 4 90,- 1- x, Montclair Plaza, Montclair, CA • . . . 1,293,600 6 206 4 78-•- ,- -I :�./ Brea Mall,Brea.CA. . . . 1,129,000 . 5 882 5 21 1--- 4. 2 Buena Park Mall, Buena Park.CA . . 1,200,000 5 500 4 58 w D Huntington Center, Huntington Beach.CA , 854,991 3,900 4 56 • o Mission Viejo Matt, Mission Viejo,CA . . . . . 815,754 - 4 060 4 98 v '' Fashion !stand, Newport Beach. CA . . . . . . . 14152,754 5 200 4 51 Y " South Coast Plaza.Costa Mesa. CA , . 2,000,000 9 400 4 70 r • Beverly Center, Beverly Hills.CA ! . . t .900,000 3 000 3 33 V. ,� Century City Center,Century City, CA .•. . . . 677.798 • 3,176 4 69 - The Courtyard, Rolling Hills, CA . . . . . . . . 4 , . 585,000 1 875 3 21 ✓ ''' Del Arno Center.Torrance,CA . . . 2,650,000 . 12,000 4 53 ` `' Fox Hills Mall, Culver City, CA . , , , . . . .892,122 4 452 4 99 `" �, Ga!leria at South bay, Redondo Beach, CA 944,000 , . . 4 968 . . . . . . . . . 5.26 i-'- • Glendale Gaileria,Glendale,CA , . 1,386,000 6,000 4 33 '- ''. . • Long Beach Plaza. Long Beach, CA , •- . . 688,378 • 2,775 4 03 Los Cerritos Malt, Cerritos;CA , . , 1.320,678 6,630 5 02' Promenade Mall, Woodland Hills. CA . . . . . . . . . . . . • . 597,165 2,420 4 05 Santa Monica Place. Santa Monica,CA . . . . , ,568,250 . . . . 2,020 3 554 -" Sherman Oaks Fashion Square, Sherman Oaks, CA 727,263 . . ..3,600 4 95- . Topenga Plaza, Canoga Park; CA 1,2004000 ..5,250 . . . . . 4.38 West Covina Fashion Plaza,West Covina,CA • 1,090,000 .5,150 4 '2 Westslde Pavilion. Los Angeles, CA . . . . . . , 675,000 3 000 4 44 L Fallbrook Mall, Canoga Park,CA . . . . . . . . . , , 1,250,000 5 800 ' 4 64 ' ` Panorama Mall, Panorama City,CA . . 1,750,000 9,000 514 " Lakewood Center, Lakewood. CA . . , . . . . . 2,490 000 . 12,000 4 82- - A Total •. . . . . . . . , . . . . . 32�265 753 147.460 M A Average 1,112,612 . . 5,085 ,� L.S? • a SOURCE: Barton-Aechnan Associates, Inc. ?�LP�C��*<< 4 C C i., i ! f ' c f % i i t ' 7 . . � . t r r I. ! ' f i #f' 3 i ;v , i f � r fi ; ; } ! qq 7 /9 f � �r 1.. ( j 1 f f f f i p 3 b } tF t F f t { r' i i . r:if 1 r± ;r { ii,, ; t � f 'i r r i f f ;:�1,.' r r f; yr rf :.;ffi r f; i ; r r , 1; j i i f i 0)1'''ll r' r ; t � f { r r E t • A complete renovation of the Eden Prairie Center including the addition of a Dayton 's Department Store is finally in progress with the City of Eden Prairie. A major change to the overall scheme of the Center may also call for changes in the access and parking conditions of the facility. The following information includes a comparison and analysis of malls which have dealt with an existing, or the addition of a Dayton 's to their facility. The data has been collected from the cities of Minnetonka (Ridgedale), Roseville (Rosedale), Maplewood (Maplewood Mall), and Edina (Southdale). Table 1 Information concerning the square footage and parking of the facility before and after Dayton's. >:::>::,:>::: Ft. Sq. `t... Farling# arks #t Before After BeforeNUMArtergNill Siiutb. e 1,630,220 1,630,220 8151 8151 .5; Ridgedale 1,186,876 1,186,876 5917 5917 4, 18 Rosedale 1,006,000 1,141,000 5312 6141 4,1a5 51' ...................... ............... ..................................... ..................................... Maplewood 1,000,000 1,000,000 4634 4634 41CQ, barb\mike\parkres z7 ' ( ( Southdale The Dayton's store in Southdale has been there since the mall as opened. Therefore,the numbers in the table project only one figure for square footage and parking spaces. Southdale has unique parking in the respect that it is the only one of the four that has ramp parking. They really think that the ramps were the way to go in their situation. As Southdale has enlarged its gross area,the parking area has become limited for expansion. The ramp parking allowed them to meet code requirements at a minimum and then some. It was necessary for them to allow spaces in addition to the required code for peak times of the year. Overall,the parking presently available is adequate, but is still quite full during peak times of the year. Ridgedale The Ridgedale mall has almost 700 spaces less than the required amount. The Christmas season is always busy,but for the average shopping day there is plenty of parking. Recently,the Carson Parie Scot store was replaced by a Dayton's Home and Mens store. There was virtually no increase in business with the addition of another part of the original Dayton's store. There is a ring road around the mall which they feel is generally okay. Future additional lights will be put in to get a better control of vehicles exiting and entering the mail. Rosedale The addition of Dayton's to the Rosedale mall was a real wise addition. The parking spaces allowed was more the amount required. They felt these additional spaces would be necessary for peak times of the year even if it was not always full. The City of Roseville feels that Dayton's benefitted not only the businesses in the mall,but also surrounding businesses. Construction of a one way ring road around the center was added for better traffic flow. One of the most importance issues expressed by the staff was that a good transportation plan for general circulation is very necessary. When a city is putting a large investment into a project like this, convenient movement is vital. Roseville works with MDOT during the time between Thanksgiving and Christmas to put up available detours to avoid the heavily congested traffic areas. Maplewood Dayton's opened its doors at the Maplewood Mall on October 12, 1996. The city felt that there involvement with this addition was very rushed and more of a political movement through their council. Right now the parking is barely meeting the code. They proposed putting in ramps, but found that it would be too expensive. More spaces are felt to be needed because Mervyn's Department Store was added at the same time as Dayton's. This means that two large department stores were added to the mall and the parking was not changed very drastically. They are kind of worried about the peak shopping period coming up. A traffic study is highly recommended, however,they did not conduct one because it was such a rush deal. NOV 14 '96 c 05:06PM.Hcc .T CHICAGO C P•2P.2/19 . Memorandum • • • • • .B R w INC •DATE: November 7, 1996 • Iclikt • TO: Sheldon Schumacher, PE 'Phoning �Vsiliam MostoR . Transportnnon Estirisming • FROM: Howard Preston„PE • Liti"`t Design Jeff Holstein, PE '11te kux agwev SUBJECT: Eden Prairie Center Expansion Traffic Study • 700 Thied SittetSo. • • • wiis' We have completed the traffic impact study for the proposed expansion of the 6.12l370-0700 Eden Prairie Center,which is located in the northeastern quadrant of the City a n7wss7s of Eden Prairie,Miz rota (Figure 1). The study consisted of estimating the • +„,a, vehicle trip generation to and from the expanded center and providing a N•�x • comparison to previous reports, observing the existing operations at the Minneapolisintersections expected to accommodate the majority of the additional traffic and identifying improvements or measures to alleviate the existing and/or Osiando expected post-expansion traffic problems at these locations,if any. Yorlattd The following points outline the trey subsections of this memorandum. A sal rhggy detailed discussion of each of these items is included in the following $Lharile • paragraphs. • Comparison to Previous Report • Field Observations • Identification of Improvements • Conclusions • Recommendations Carty arison tp Previous ?tepo4 • Previous Report , • BRW, Irsc., prepared a traffic'study for the.City of Eden Prairie in December of 1988. This study, called the'Walor Center Aiea Traffic Study(MOATS), developed traffic forecasts for the northeastern portion of the City.of Eden Prairie and identified roadway improvements and land use measures to mitigate the expected future traffic congestion. • 29 • . . , tP;IOV 14 '96 r 05:©6PM,HOC T CHICAGO . F'• .3/19 . ,,,,,,, .7. siciiw,•............_.......,..7r,...,. ...„,,, Late'Njl .,....IIIIIIII$:--;i7;;-:,......-,r'CNI,I1,1.1 ia -, 'I ' --- i . . 00.• _ i ...., ,i., _, . ,...., . .. wi_ , ... _,.. , • . ..f eir..„ ._ ,, __ ... , _ _ _ •____ . .,,,,,c, • • . . .-,-. ,,,,,,,,, . .... ,.;,. . , ,. • ,t2,_ , ..„____ • . ,,,,,... . ..... )., MOJA TM" - ,Iy, =ilk% . ,s ' • 1y \ '4�?�t ,�-4` Aso ►a.K.ats s ,-. -.1411 w 4 11111-1111111 r �.'��; -4-119,- --`4,1ili.4..*- ---- ta_______,_..0*-- - '% • I__ fy ,�'� rap • '. , , ----k_ H... 'Ll.J - .ipt__ 441? 1,.61 1 if ., . 6'c' , -.. - rah l l": t \ M41• y e- �, iiktiNl� > ._ O r _.. , g •0.4•r. 0'/AV' ` Ii. fit A . 41 • la A l'4-4,-;-- fill 6116101iii- Viork-trti-4,.... .....-- .s.i, : . - , 1� - -- -A.----- 1. l ►....._ _ _ �� ler- ii _ r BDZi'a PRAMS r Edell oIOW'� �I Fa A�55 i prairie �•i � ^�` * [Mir . - .� .� . . , \\.,,, ,� a,.,, I; Cuter l --- q . s, r-. 4 ' ,' ,il • IV. ii git , -.� "um S {cd,niiii 'vs Fr Q •,w.� E ii"A- r"! N�IAM�t ti �3 1�• i ; .wl i3 .- • +''I' I } ‘ C9 -� ` ! t Lit i ; Mr _..4..1 .1 95.. -..... .0... . n_pr) -• -.-Z-1 t \.=-_,,, .L4r.' - iffl r ,.. 7' ,• - e ift: Dr" I , • t . 1 .--1 I_-_,__J-,4-,..„q.-t:-;.k..--__1,,c_ jam-i . ,,•, s t �� �jj�i V T{u I } r �a 17�� ��. O.• •,,,.•..,.,_.:,)O7.., c#l-hi Mi-Im-.it T. • -4:--49:6tI t? '' ..:_:_ '. f',C./' . ,i'..)*A'4‘'•.zif',i., ._. ` Sd00l owl I i l_.` �- . .,4•1-O 10:_'-_'P-_._ . o...n. ll ; _ fl 17 ? R �1 1 ' A"` t 1S1V_r II rr Eden• Prairie Center Site Location Map • Expansion Traffic Study • A . Eden Prairie, Minnesota o 1,500 3400 r••t North Figure 1 • 3 V • M� 0V 14 '96 05�07P HO( T CHICAGO • ( P.gP.4/19 I`I GI I' 9 I..f•ITV PM • • Sheldon Schumacher . • . • . William Moston November 7, 1996 '. • .Page 3 • • • 'The traffic forecasts developed for'the'MCATS were based on land use • projections supplied by the,City',of•Eden Prairie for each of 57 traffic analysis zones(TAZ's) for the Years 1990, 1995 and 2010. Traffic forecasts for the Years • 2000 and 2005 were interpolated between the Years 1995 and 2010 based on an • assumed straight line growth. • The Eden Prairie Center area,bounded by TTH 169,78th Street and Prairie Center Drive consisted of TAZ's#5 and #6 of the MCATS. The forecasted • • build-out land use types and intensities of TAZZ's#5 and#6 were documented in the MCATS (Table 1A). This data was used in conjunction with the trip rates outlined in the 1987 rr T 'gramme • n_M, to,develop vehicle trip estimates for an average weekday and an average,weekday PM peak hour. These trip estimates were,documented in the MCATS (Table 3). The data indicate that the MCATS estimates for TAZ #5 were 27,796 daily trips and 2,336.PM peak hour trips,and that the estimates for TAZ#6 were 20,474 daily trips and 1,595 PM peak hour trips. The breakdown of these trips by land use type and by PM inbound and PM outbound is,documented in Table 1. • Some of the land uses included in TAZ's#5 and*6 are not part of the Eden • Prairie Center, they are outlots or pad sites. These include the bank, office and general commercial land uses. The Eden Prairie Center is the portion included within the ring road. The MCATS trip generation for the Eden Prairie Center component of TAZ's#5 and#6 Is documented in Table 2. The data indicate that the Eden Prairie Center component was projected to generate 39,942 daily vehicle trips, including 1,460 PM inbound and 1,578 PM outbound trips. The development intensity of the Eden Prairie Center was estimated as 1,034,081 square feet. • Proposed The site plan for the proposed Eden Prairie Center Expansion is shown in ' Figure 2. This plan indicates that the post-expansion development intensity of . the center is proposed as 1,213,206 square feet.The total consists of 1,143,206 square feet of shopping center space and 70,00E square feet'of theater space • (14 screens). The expected post-expansion trip generation to and from the center on an average weekday and during an average weekday PM peak hour were estimated based on trip rates contained in the 1991 TIE Trip Gerteratioo M5r\ual (5th Edition) and are documented in Table 3. TABLE 1 • ' 'C TRIP GENERATION FOR TAZ'S 45 AND 46 • '� (Source: Table 3 of 1988 Major Center Area Traffic Study) A . TRIPS(WEEKDAY! " m LAND USE UNIT 4 OF UNITS ADT • PM IN PM OUT T PM TOTAL co i — 3 TAZ 85 . Bank SF 27,450 5,218 . 249 394 -553 Li Office ' SF 36,999 377 . . 9 .49 58 _ Target SF 103,827 7,382 • 327 301 628 • n . n PPS Sho in Censer SF v • 42.3,977 14,819 516 581 1,097 o Totals SF 590,653� K 1,101 1.235MM i N, TAz 4. • . Gen.Comm, r Sig 7,000 248 9 10 19 1 Bank ! SF 13,06R ' 2,485 ' 119 144 263 , Shopping Center SF 506,877 17,741 617 696 1,313 ijt• ..� .y{i,. 'ITT ') �._ -•4. Totals SF 526,945 Y;a . . : 745 850 ,- 't—rx..br .k:•• ;' • % .�:� From Table 3 of 1988 MCA Study. . `-rh1 . ' Trip rates based on 1987 Trip Generation Manual(4db Edition). Note: Land use types and Intensities from Table 1A of 1968 MCA Study. • . ±a �o TABLE 2 TA TRIP GENERATION FOR EDEN PRAIRIE CENTER COMPONENT •cA (Source: 1988 Major Center Area Traffic Study) j�D Ol TRIPS (WEEKDAI) * 'cm LAND USE UNIT A OF UNITS ADT PM IN PM OU I' PM TOTAL - .c8o 3 Target SF 103,827 7,382 327 301 628 ‘ r - Shopping Center(TAZ ) SF • 423,377 14,819 • 516 581 1,097 (-, D . - 0 Shopping Center(TAZ Ji6) SF 506,877 17,741 617 696 1,313 . • • Ul ' TOTAL 5F. I 1,034,081 39,942 1,460 1,578 ' 3,038 * Trip rates based on 1987 Trip Generation)v4anual (4111 Whim). • . • t Cr,• • Lo ono • t4� 5 O9C� :• NOV 1 960PM HT CHICAGO FP.7/19 • Af' Y . }yy •. al cm Nf, • • i /1:kn . • • / -,.#, ; hti+ • tteete e 1 r: stssst t i 7.11:414r $,, 1111111 f 1 ,..`'`: „.: "`_• \ �q : , w If ` ' ira i•• . `• \ •N,7 F sit. • \\I ca 4 J �, rj r�- n;•. O.- ++ i ��G • 1,1 ~'a.. / \ , 44 ll" \C:,\.\\ Hi.. . • .\\ . .... ,"\\.1 .. .„. ‘ , .. ..,..„. . z z 44./!—• —) 74 • 0 �:,; --. \ • if leo,. i e r .+ 7C�w. ) '• M •1./ 1 • • • • l. 7/ --J . = MCP <,,e/.. L �'. �V/�•��.. •�+. i .." '' -. . .4. ,/7-,i:r 11 - 1 l'il.-.... 1, ,,c.v\;:y cb- 5, . ( '..`.., ,-. . -,--. gflj,.,1 1 „::,..• in „ % \ No..; '1,-----..-.• _,,,I i if.. .:4,1).‘41 . • o----A 1 -!: J(1E? • a.....0 f,„.....1- t • ... = ----): 4 \.\._ . . .,. \,,,,......... .. iii • Cr---"---lii . . 3 h. .. .• oll ...... .. • . . •:. :: • • ii,i,. • •• • J �'� • 1-. • • TABLE 3 C PROPOSED EDEN PRAIRIE CENTER POST-EXPANSION . cA EXPECTED TRIP GENERATION (WEEKDAY) F RATES " TRIP$ c(sa PM • r PMh LAND USE UNIT #OF UNITS LOT IN OUT . .•TOTAL APT IN ) OUT TOTAL , N Shopping Center SF 1,143,206 31.27 1.45 1.45 2.90 35,750 I 1,660 1,660 3,320 n H 2 Theater Screen 14 153.33 13.14 • 5.9 19.04 2,150 • 180 .130 .260 . o �J (70,000 Ski • TOTAL SF .1,213,206 -- — • -- • 37,900 1,840 3,740 3,580 ' LIE Trip Generation Manual (5th Edition),, • , 0 • . co to WOW • • 0,OV 141� '96 05:10PM.H 2T CHICAGO ` P•pP,g/1g V• V • • • Sheldon Schumacher William Moston November 7, 1996 Page 8 • • The data front Table•3 indicate that the proposed post-expansion Eden Prairie Center is expected to generate 37,900 vehicle trips on an average weekday, • • including 1,840 inbound trips arid 1,740 outbound trips during the PM'peak hour. • • . •Difference • The expected tap generation differences between the 1988 MCATS totals • - (Table 2) and the proposed post-expansion totals.(Table 3) for the Eden Prairie •Center are documented in Table 4. The data indicate that the proposed post- expansion scenario is expected to generate 2,042 fewer daily vehicle trips, but 380 more PM inbound trips and 162 more PM outbound trips than the previous estimates documented in the 1988 MCATS. •The data also indicate that the proposed post-expansion development intensity will be.179,125 s.f greater than the.ultimate Eden Prairie Center intensity documented in the MCATS report. The post-development condition is expected to generate less daily traffic than previously estimated in the 1988 MCATS even with more development because of the trip rate changes between the 1987 and 1991 . Trip_generation Manuals. Figld O jrvations •Field observations were conducted at the intersections that are expected to accommodate most of the additional traffic demand due to the expansion. The purpose of these field observations was to specifically monitor the existing operation and geometric deficiencies at these locations, including inadequate turn lane storage lengths, queuing problems, loaded traffic cycles and potential • conflict areas. • The field observations were conductect at the following four intersection locations(Figure 2). • • #1 -TH 169/Singletree Lane(Target Access) • #2 -Target Access/Ring Road • • #3 -TH 169/Regional Center Road(Southern Eden Prairie Center Access) • #4 -Southern Eden Prairie Center Access/Ring Road • .The field observations were conducted for a one hour period at each location during both the Friday PM peak hour and Saturday afternoon peak hour. The field observations indicated that • TABLE 4 • oI PROJECTED TRIP GENERATION DIFFERENCE UETWEEN PROPOSED POST-EXPANSION TOTALS AND I988 MCA STUDY TOTALS FOR EDEN PRAIRIE CENTER m; m. WEEKDAY TRIPS • . ' ; r o. Scenario DAILY PM IN PM OUT PM TOTAL .• • . 1 . Expected Post-Expansion 37,900 1,840 . 1,740 3,580 (-) • ` T - H n • 2 1988 MCA Study 39,942 1,460 1,578 3,038 o 3 Difference {0-2) • • -2,042 +380 • 4162 +542 • a0V 14 '96 _05:10PM HCC T CHICAGO ( r'4.1 11i19 . Sheldon Schumacher- • • • • • • . •. 'William Morton • • ...November 7, 1996 • • . • • • • -Page 10 • • Friday PM Peak Period , - • • • • • Intersections#1 &#2: - • • •. • Assuming TM 169 is the north/south-roadway,vehicles on the east approach of the TH 169/Singletreeintersection(#1) typically queue back • • onto the ring road to the north on every signal cycle. Queues typically • extend back six to seven cars beyond the north approach ring road stop . sign. This periodically resulted•in other queuing problems; such as, Both southbound lanes on the ring road-turning right to access TH 169 or-Singlbtree Lane effectively blocking southbourul through traffic on the ring road,and • - Northbound left turning,traffic from the ring road pulling forward . • . into the intersection to get into queue to access TH 169 or Singletree Lane blocking suthbound through'traffic and sometimes inbound traffic turning left(EB-N'B) onto the ring road. • The majority of traffic on the east approach of the TH 169/Singletree intersection is through traffic towards Singlelree Lane. It appears as though the storage for these through movement vehicles is inadequate without storing overflow on ring road. • There was only one loaded cycle at the TH 169/Singletree Lane . intersection over the hour observed. Therefore, even though queues are relatively long, all vehicles get through on the next green signal indication. • Vehicles on the Ring Roast typically do not stop for the stop signs. Vehicles southbound on the ring road tuning right to access TH 169 and . Sin gletree Lane are the worst offenders. This sometimes results in conflicts with incoming vehicles. • • • The length of the right turning lane on the east approach of the TH 169/ Singletree Lane intersection is short and appears inadequate as most vehicles desiring to make this movement are blocked by the adjacent through movement queue. . Intersections#3 &#4 ' • - • The through movement traffic queues ort southbound TH 169 at the - • Prairie Center Drive intersection to the south of Int.#r3 typically stack back beyond Int.#3 during.this Anne period. • • Si . . my 14 '96,_05:11PM H( ?T CHICAGO ( r'P 12i19 • .• • Sheldon Schumacher. . ' • William Moston . ' • • November 7,1996 • Page 11 • , - ; ' • • -= Exiting traffic fronct.the stop-controlled east and,West approaches at the • TH 169/Regional Center Drive intersection,experience long delays before • finding a gap in opposing traffic st ream.1•Not many vehicles attempted to • ' cross or turn left at;this•location.' The ones-that did crossed northbo rid, . . stopped and waited for southbound gap.then crossed southbound traffic lanes. • - Saturday Afternoon Peak Period ' Intersections#1.8%#2 . The availab"A'storage between"TH'169 and.the ring road was sufficient a• • majority of the time: Vehicles stacked back.onto:sing road a couple times. • ' .. - • No significant queuing occurred on•TH 16 : • No loaded trim,were ob erved at the 1 169/Singletree intersection. • • Southbound vehicles right from the ring;road to access TH 169 and Singletree Lane'would frequently ignore thefstop sign on the ring • • - road. . • • 'The ring road intersection with the Target;Access is very wide (approx. 100 feet). The storage distance between Ti>; •169 and the ring road is relatively-short.(approx. 15(1feet). Vehicle's traveling southbound on the • . • ring road have eifficulty d�rniining when an adequate gap is present to " ., safely make the through movement. This is due.to the limited sight • - distance caused by queued vehicles in the storage area and some shrubs . . ' • in the median and the close proximity of inbound traffic from TH 169 and • . Singletree Lane. There may also be some driver'confusion due to the • • ', entrance being too wide. • • • Several times, vehictraveling s les traveliouthbound on the ring road would wait at • - • the stop sign for a gap in traffic, than begin to proceed through the • • • • intersection, only to be intercepted•by an inbound vehicle. One of the • • . . following would happen at this time: 1) The ring road'vehicle would'stop.and the inbound vehicle would proceed. • 2) The inbound vehicle would stop"and the ring road vehicle would proceed. • • 3) • Roth vehicles would stop. . • ?ii • : ' NOV 14 '96 ,05:11PM H( '.T CHICAGO { P.P.13/19 • • . Sheldon Schumacher . W31 Moston ' • • November•7, 1996. . • . .Page 12 • • Intersections#3 &#4. . • No observed queuing problems at the access intersections,in the storage • areas or along TH 169. • Vehicles trying to cross TH,.169 experienced long delays and sometimes • • • diverted to other adjacent intersections. Ytification of Improvements . The purpose of this subtask was to estimate the post-development traffic conditions at the four'observed•intersections and identify geometric and/or • traffic control improvements to mitigate the expected traffic congestion,if any- . • • The procedure used to complete this task consisted of estimating the incremennt .of traffic to/from the proposed expansion at each of the observed intersections and making a qualitative judgement of future post-expansion conditions based • on the magnitude of the incremental traffic and the observed existing traffic conditions. Additional Traffic to/from Increment ' • The existing Eden Prairie Canter land usage consists of approximately 832,000 s.f. of shopping center area and nine theater screens. The total post- expansion Eden Prairie Center is.proposed to consist of roughly 1,143,206 s.f. and 14 theater screens. The difference between these two scenarios is • ' 311,206 s.f. of shopping center area and 5 theater screens. • The expected additional traffic generation to and from the Eden Prairie.Center attributed to the proposed expansion increment was estimated using ITE Itia Generation Manual.(5th Edition) rates and is documented in Table 5. The data - indicate that the proposed expansion increment is expected to result in approximately 10,500 additionalweekday vehicle trips to/from the Eden • Prairie Center,including 515 inbound and 480 outbound trips during the PM peak hour. The data also indicate that the proposed expansion increment is anticipated to result in roughly 14,270 additional vehicle trips on art average Saturday,including 940 inbound and 780 outbound trips during the peak hour. Based on the observations of the-existing conditions, the TH 169/Singletree • intersection currently appears to.experience the greatest amount of congestion, with the Friday PM peak period congestion worse than the Saturday afternoon congestion. Weekday PM peak.hour opacity analyses were completed for the TH 169/Sicngletree Lane intersection for three scenarios: • • NV ' • . i • •TABLE 5 . 2 r EXPECTED ADDITIONAL TRAFFIC GENERATION DUE TO EXPANSION OVER EXISTING CONDITIONS ,A, . . . _ GI, I _ ©i WEEICDAY SATURDAY WEEKDAY SATURDAY •' • LAND 1 vY OF ' • ro USE I [SNIT UNITS ADT In Out Total ADT In , Out - Total• ADT.- , In -Out Total ADT In I Out Toial 31 _ _ _ _, o. I • Shopplin& SF 311,206 31.27 1.45 1.45 2.90 37.33 1.85 1.84 169 9,730 ' 450 450 900 11,620 580 , 570 1,150 Center• -t, i -' I 1 I D Theater• 5.Teen ' 5 I 153.33 13_14 5.9 - 19.04 529.47 74.15 42.38 114.53 770 65 • - 30 95 2,650 360 ' 2W 570 0 Kam, , SF 351,206 -- •- - - - - - - , 10,500 515 . 480 995 14,270 , 940 --980 1,720 • Difference between post-expansion 11,143,206 SF shopping center+ 14 screen theater'and existing(832,OR SF slopping center+9 theater trcreotsj. . " ITE Trig,Generation Manual (5th Edition). . • • • -13• -O.. • � A I- . lD - NOV 14 '96 ,05:12PM HO(I;T CHICAGO C p0.15i19 • • Sheldon Schumacher William Moston • November 7, 1996 Page 14 • • • fisting • • 1988 MCATS ultimate development of TAZ's#5 and#6 • Post expansion • The capacity analyses were based on estimated existing PM peak hour volumes determined by using the following procedures: These analyses were • used to objectively, estimate the:impacts resulting from the proposed expansion. 1) Determine existing ADT on this section of TH 169 from Mn/DOT's 1994 • Traffic Flow maps. Data indicated existing ADT equals 36,000 vehicles per day. • • 2) •Assssme,a ten percent PM peak hour percentage and a 60/40 southbound/northbound directional split to estimate PM peak hour • volumes. • This results in existing FM-peak hour estimates of 2,160 southbound and 1,440 northbound vehicles elong TH 169 in this area 3) Use data contained in Tables 2 through 5 to estimate the traffic in and out of the access assuming that each of the six access drives services one-sixth • of.the site traffic. 4) Assume demand in and out of west approach (Singletree Lane) is similar to east approach. Field observations indicated that the approaches were fairly close to servicing the same demand. • The capacity analyses were conducted by using the Planning Method • procedures outlined in the 1994• kiway Capacity Manual Update. The capacity analyses indicated that • • • The TH 169/Singletree Lane-intersection currently operates "near- capacity" (critical volume of 1,330 vph) during PM peak hour and approximately 10.05 percent of traffic through the intersection is traffic • - • to/from the Eden Prairie Center (362,000 square feet). • The TH 169/Singletree Lane intersection would be expected to operate • "near-capacity" (critical volume,of 1,360 vph)during the PM peak hour • under the 1988 MCATS ultimate land use for the Eden Prairie Center (1,034,081 square feet) with approximately 11.79 percent of traffic through intersection as traffic to/front the Eden Prairie Center. • • • /j� . NOV 14 '96 .05 12PM H( 2-1- CHICAGO ( 1511f16i19 • • • • Sheldon Schumacher • 'flltt�llam Moston . November 7, 1996 Page 1.5 • • • The TH 169/Singietree Lane•intersection is expected to.operate "near- • capacity" (critical-volumes of.i,394 vph)•during the PM peak hour under • the post-expansion land use conditions for the Eden Prairie Center • (1,213,206 square feet) with approximately 13.62 percent of traffic through this intersection as traffic to/from the Eden Prairie Center. Additional capacity analyses were also conducted for the TH 169/Regional • Center Road intersection for the same three scenarios. These analyses indicated that the left turning and through movements front Regional Center • Road and the center access drive,which are stop-controlled, operate at LOS "F""with long delays during the PM peak hour of each of the scenarios • (existing, ultimate 1988 MCATS land use and-post-expansion). Possible On-Site Improvements • • • Based on.the qualitative field observations of the existing conditions and on . the expected magnitude of the traffic increases due to the proposed expansion, the.following possible geometric,signing and traffic control improvements were identified. • • • 1) The TH 169/Regional Center Road intersection should be revised to right- _ . in/right-out operations on the side-street:approaches or dosed. Due to • high traffic demand on TH 169, this intersection provides only limited •• • access to and front the center during most hours. Side-skeet through and left turning movements experience very long delays. High volumes and • speeds on TH 169 combined with a wide crossing distance across TH 169 •result in unsafe conditions for side-street through and left-turning • vehicles. • TPi 169 is a Principal Arterial roadway. The Mn/DOT Road Design • Manual states that"signalized intersection spacing should be 1400 to • 2,000 feet on principal arterials." Therefore, since the existing spacing • • between the TH 169 signalized intersections of Prairie Center Drive • (1,100 feet to the south) and Singletree Lane (900 feet to the north) is 2,000 feet, it is unlikely that Mn/DOT will allow this intersection to be signalized. Therefore, side-street congestion and accident potential will only get worse. In addition, the observed stacking back from the TM 169/Prairie Center Drive intersection through the TH.169/Regional Center Road intersection • • is unacceptable, resulting in unsafe conditions and additional congestion for traffic at the TH 169/Regional Center Road intersection. NOV 14 '96 05:13PM Hc( T CHICAGO ( P-P 17i19 • • • • Sheldon Schumacher • • William Moston • . November 7, 1996 . Page 16 • • The changing of the Tfi 169/Regional Center Road intersection to right in/right-out or closure of the side-street approaches would reduce or . eliminate congestion and conflicts at the intersection and increase the • capacity and improve operations along this section of.TH 169. 2) Install directional signs for.inbound traffic prior to the ring road. This should help alleviate the problem of inbound vehicles stopping to determine which way to go on ring road,which was not observed by • BRW personnel but has been noted as a problem by mall representatives. 3A)•Physically force all inbound traffic to turn right onto ring road. This would eliminate the problems associated with the limited sight distance • for the southbound throughmovemenis at IntstrsPcilirszts#2 and#4,or 3B) Widening medians and pulling back the curblines of the access drives near • the ring road to provide a physically sheltered area for the southbound . . • through movements at Intersections#2 and#4,or 3C) Restripe ring road to one way operation (counterclockwise),similar to Rosedale. • • 4) Widening the east approach of Int. #1 to provide additional right turn lane • storage back to rung road, such that right turning vehicles will be able to bypass queued through and left turning vehicles. • • 5) Widening the east approach of Inn. #1 to*provide an additional through lane for storage purposes. This may also include widening the Singletree Lane approach to receive the additional lane. • Conslusiogs • • The proposed post-expansion Eden Prairie Center (1,213,206 s.L) will be 179,125 s.f. larger than the ultimate Eden Prairie Center land use intensity documented in the 1988 MOATS. • The proposed post-expansion Eden Prairie Center is expected to generate approximately 2,042 less daily vehicle trips than what was documented in the 1988 MOATS. • • . The proposed post-expansion Eden Prairie Center is expected to generate roughly 380 more PM peak hour inbound and 162 more PM peak hour outbound vehicle trips than the ultimate intensity documented in the 1988 • 17 NOV 14 '96 ©5:13Ph1.HA. ,,•2T Ar CHICAGO ( vi - .18i19 • • • Sheldon Schumacher • William Moston . November 7,1996 . • Page 17 • • • MOATS. This would equate to.approximately 90 more total vehicles at • each access during the FM peak hour,or less than two per minute. • • Held observations of the existing Friday PM peak period conditions and the existing Saturday afternoon peak conditions at the two access intersections along TM 169 and the corresponding ring road intersections indicate that there are currently some on-site queuing and conflict problems associated with these locations. • • Most of the internal access design problems are minor. The access designs are typical of other regional mall access designs (Rosedale,Northtown, • etc.) in the Twin Cities area. • • • The field observations indicated that there are curtly two off-site problems associated with the T13169/Regional Center Road intersection, which is unsignaiized. These include queuing back from the TH 169/ Prairie Center Drive intersection through this location during the PM peak hour and long delays,for side-street through and left turning movements. • • The field observations also indicated that there are currently queuing and conflict problems and inadequate right-turn lane storage on the east • • approach of the TH 169/Singletree.Lane intersection. • Capacity analyses indicated that the TH I69/Singletree Lane currently operates "near-capacity" during the existing weekday PM peak hour and that the intersection would be expected to continue to operate "near- capacity" under both the ultimate 1988 MCATS land use scenario for the Eden Prairie.Center and the proposed post-expansion scenario. • The Eden Prairie Center currently generates approximately ten percent of • • the traffic through the TH 16A/Singletree Lane intersection during a weekday PM peak hour. This percentage would be expected to increase slightly to roughly 1 _8 percent (1988 MCATS scenario) and 13.6 percent • (proposed expansion scenario). • • Capacity analyses of the TH•'16g/Regional Center Road intersection indicate that the side-street through and left turning movements operate at • capacity during the.weekday PM peak hour period under the existing, -1988 MCATS ultimate land use scenario for Eden Prairie Center and proposed post-expansion scenario. • • • • • `7 • HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION CREATING REDEVELOPMENT PROJECT NO. 5 AND APPROVING THE REDEVELOPMENT PLAN RELATING THERETO AND CREATING TAX INCREMENT FINANCING DISTRICT NO. 13 AND APPROVING THE TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") , as follows: Section 1. Recitals. 1 . 01 . It has been proposed that the Authority approve the creation of proposed Redevelopment Project No. 5 and approve and adopt the proposed Redevelopment Plan relating thereto, pursuant to and in accordance with Minnesota Statutes, Sections 469 . 001 to 469 . 047, inclusive, as amended and supplemented from time to time. 1 . 02 . It has been further proposed that the Authority approve the creation of proposed Tax Increment Financing District No. 13 and approve and adopt the proposed Tax Increment Financing Plan relating thereto pursuant to and in accordance with Minnesota Statutes, Section 469 . 174 to 469 .179, inclusive, as amended and supplemented from time to time. 1. 03 . The Authority has investigated the facts and has caused to be prepared with respect thereto, the proposed Redevelopment Plan for Redevelopment Project No. 5 and the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 13, defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1. 04 . The Authority has performed all actions required by law to be performed prior to the approval and adoption of the proposed Redevelopment Plan and proposed Tax Increment Financing Plan. 1 . 05 . The Authority hereby determines that it is necessary and in the best interests of the City and the Authority at this time to create Redevelopment Project No. 5 and to approve and 1 adopt the proposed Redevelopment Plan relating thereto and to create proposed Tax Increment Financing No. 13 and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. Section 2 . Findings. 2 . 01. The Authority hereby finds that the assistance to be provided through the adoption and the implementation of the Redevelopment Plan and Tax Increment Financing Plan are necessary to assure the development and redevelopment of Redevelopment Project No. 5 . 2 . 02 . The Authority hereby finds that the Redevelopment Plan and Tax Increment Financing Plan conform to the general plan for the development and redevelopment of the City as a whole. 2 . 03 . The Authority finds that the Redevelopment Plan and Tax Increment Financing Plan afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 5 . Section 3 . Creation of Proposed Redevelopment Protect No. 5 and Adoption of the Proposed Redevelopment Plan. 3 . 01. The creation of proposed Redevelopment Project No. 5 and the adoption of the proposed Redevelopment Plan relating thereto are hereby approved by the Commissioners of the Authority and are forwarded to the Eden Prairie City Council for public hearing, review and approval. Section 4 . Creation of Proposed Tax Increment Financing District No. 13 and Adoption of the Proposed Tax Increment Financing Plan. 4 . 01 . The creation of proposed Tax Increment Financing District No. 13 within Redevelopment Project No. 5 and the adoption of the proposed Tax Increment Financing Plan relating thereto are hereby approved by the Commissioners of the Authority and are forwarded to the Eden Prairie City Council for public hearing, review and approval. Section 5 . Filing of Plans. 5 . 01. Upon approval and adoption of the Redevelopment Plan and Tax Increment Financing Plan (collectively the "Plans") , the Authority shall cause said Plans to be filed with the Minnesota Department of Revenue. 2 Adopted by the Board of -Commissioners of the Authority this 17th day of December, 1996 . Chairman ATTEST: Executive Director CERTIFICATION I, , Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the Authority on the 17th day of December, 1996 . Executive Director 3 4 LCt REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 INCLUDING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA APPROVED BY THE CITY COUNCIL DECEMBER 17, 1996 . Prepared By: Casserly Molzahn & Associates, Inc Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, Minnesota 55431 (612) 885-1298 119 MUNICIPAL ACTION TAKEN Based upon the statutory authority described in the Redevelopment Plan attached hereto, the public purpose findings by the Commissioners, and for the purpose of fulfilling the Authority' s redevelopment objectives as set forth in the Redevelopment Plan, the Commissioners have created, established and designated Redevelopment Project No. 5 pursuant to and in accordance with the requirements of Minnesota Statutes, Sections 469 . 001 through 469 . 047 . The following municipal action was taken in connection therewith: Redevelopment Project No. 5 : December 17, 1996 : The Redevelopment Plan for Redevelopment Project No. 5 was adopted by the City Council . Tax Increment Financing District No. 13 (Ho, Retail Properties Redevelopment District) : December 17, 1996 : The Tax Increment Financing Plan for Tax Increment Financing District No. 13 was adopted by the City Council . TABLE OF CONTENTS (This Table of Contents is not part of the Redevelopment Plan and is only included for convenience of reference. ) ARTICLE I . REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 Section 1 . 1 . Definitions i-i Section 1 . 2 . Statement and Finding of Public Purpose 1-2 Section 1. 3 . Statutory Authority 1-3 Section 1 .4 . Statement of Objectives 1-3 Section 1 . 5 . Estimated Public Costs 1-5 Section 1 . 6 . Environmental Control 1-5 Section 1 . 7 . Administration and Maintenance 1-5 Section 1. 8 . Rehabilitation 1-5 Section 1 . 9 . Eligible Developer or Redeveloper 1-5 Section 1 . 10 . Relocation 1-5 Section 1 . 11 . Boundaries 1-6 Section 1 . 12 . Parcels to be Acquired 1-6 EXHIBIT I-A Estimated Public Costs I-A-1 EXHIBIT I-B Parcels to be Included I-B-1 EXHIBIT I-C Boundary Map I-C-1 ARTICLE II . TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 (HO RETAIL PROPERTIES) Section 2 . 1 . Statement of Objectives 2-1 Section 2 . 2 . Redevelopment Plan 2-1 Section 2 . 3 . Parcels to be Included 2-1 Section 2 .4 . Parcels to be Acquired 2-1 Section 2 . 5 . Development Activity with Signed Contracts 2-1 Section 2 . 6 . Specific Development Expected to Occur 2-i Section 2 . 7 . Prior Planned Improvements 2-1 Section 2 . 8 . Fiscal Disparities 2-2 Section 2 . 9 . Estimated Public Improvement Costs 2-2 Section 2 . 10 . Estimated Amount of Indebtedness 2-2 Section 2 . 11. Sources of Revenue 2-2 Section 2 . 12 . Estimated Original & Captured Tax Capacities 2-2 Section 2 . 13 . Tax Rate 2-2 Section 2 . 14 . Tax Increment 2-2 Section 2 . 15 . Type of District 3-3 Section 2 . 16 . Duration Of District 2-3 Section 2 . 17 . Estimated Impact on Taxing Jurisdictions 2-3 Section 2 . 18 . Election of Contribution or Exemption 2-3 Section 2 . 19 . Modifications 2-3 EXHIBIT II-A Parcels to be Included II-A-1 EXHIBIT II-B Boundary Map II-B-1 EXHIBIT II-C Cash Flow Analysis II-C-1 EXHIBIT II-D "But For" Analysis II-D-1 EXHIBIT II-E Estimated Impact on Taxing Jurisdictions II-E-1 S1 ARTICLE I REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 Section 1. 1. Definitions. The terms defined below shall, for purposes of this Redevelopment Plan, have the meanings herein specified, unless the context otherwise specifically requires : "Act" means the Housing and Redevelopment Act, Minnesota Statutes, Sections 469 . 001 through 469 . 047, inclusive, as amended and supplemented from time to time. "Authority" means the Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota, a body corporate and politic organized under the laws of the State of Minnesota. "City" means the City of Eden Prairie, a municipal corporation and political subdivision of the State of Minnesota. "Comprehensive Plan" means the City' s Comprehensive Plan which contains the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation of all lands and water within the City. "Council" means the City Council of the City. "County" means the County of Hennepin, Minnesota. "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 City, including but not limited to environmental, zoning and building code laws and regulations. "Metropolitan Livable Communities Act" means the Metropolitan Livable Communities Act, Minnesota Statutes Section 473 . 25 et . Seq. As amended and supplemented from time to time. "Project" means the Project Area and the public improvements and facilities to be constructed within the Project Area, as more fully described in Section 1 . 5 . of the Redevelopment Plan. "Project Area" means the real property located within the geographic boundaries of Redevelopment Project No. 5 as defined. in Minnesota Statutes, Section 469 . 002, Subdivision 14 . "Public Costs" means the costs eligible to be financed by tax increments under Minnesota Statutes, Section 469 . 176, Subdivision 4 . 1 - 1 "Redevelopment Plan" means the Redevelopment Plan for the Project Area, approved and adopted by the Authority and the Council as defined in Minnesota Statutes, Section 469 . 002, Subdivision 16 . "Special Assessment Bonds" means the special Assessment bonds issued by the City to finance certain public improvements within the Project Area. The term "Special Assessment Bonds" shall also - include any obligations issued to refund the Special Assessment Bonds. "State" means the State of Minnesota. "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the public costs associated with the Project Area as stated in the Redevelopment Plan and in the tax increment financing plan for each tax increment financing district within the Project Area. The term "Tax Increment Bonds" shall also include any obligations issued to refund the Tax Increment Bonds . "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469 . 174 through 469 . 179, inclusive, as amended and supplemented from time to time. "Tax Increment District" means any tax increment financing district presently established or to be established in the future within the Project Area. "Tax Increment Financing Plan" means the respective tax increment financing plan for each Tax Increment District located within the Project Area. Section 1 .2 . Statement and Finding of Public Purpose. The Commissioners (the "Commissioners") of the Authority have determined there is a need for the Authority to take certain actions designed to encourage, ensure and facilitate development and redevelopment by the private sector of underutilized and unused land located within the corporate limits of the City in order to provide additional employment opportunities for residents of the City and the surrounding area, to improve the tax base of the City, the County and Independent School District No. 272 (the "School District" ) thereby enabling them to better utilize existing public facilities, provide needed public services, and to improve the general economy of the City, the County and the State. Specifically, the Authority has determined that the property within the Project Area is either underutilized or unused due to a variety of factors, which has resulted in a lack of private investment . As a result, the property is not providing adequate employment opportunities, and is not 1 - 2 S3 contributing to the tax base and general economy of the City, the School District, the County and the State to its full potential . Therefore, the Authority has determined to exercise its authority to develop, implement and finance a program for improving the Project Area within the City to provide an impetus for private development and redevelopment, to maintain and increase employment, to utilize existing potential, to provide new affordable ownership housing units and new affordable rental housing units, and to provide other facilities as are outlined in Section 1 .4 . of the Redevelopment Plan. The Authority has also determined that the proposed development or redevelopment would not occur solely through private investment in the foreseeable future, that the tax increment financing plans proposed herein are consistent with the Redevelopment Plan, and that the tax increment financing plans will afford maximum opportunity consistent with the sound needs of the municipality as a whole for the development or redevelopment of the Project Area by private enterprise. The Authority finds that the welfare of the City as well as the State requires active promotion, attraction, encouragement and development of economically sound housing, industry and commerce to carry out its stated public purpose objectives . Section 1 .3 . Statutory Authority. The Authority has determined that it is desirable and in the public interest to designate a specific area within the corporate limits of the City as the Project Area and to establish, develop and implement a Redevelopment Plan pursuant to the Act. Funding of the necessary activities and improvements in the Project Area shall be accomplished through tax increment financing in accordance with the Tax Increment Act. The Tax Increment Act authorizes the establishment of any tax increment district within the Project Area as set forth in Section 469 .174 of the Tax Increment Act. The Tax Increment Act also designates the limitations and requirements that apply to activities and public improvements which can be financed for each type of tax increment district . Section 1 .4 . Statement of Objectives. The Authority has determined that the establishment of the Project Area will provide the City with the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable future without City intervention in the normal development or redevelopment process . The public purpose goals include: restoration and improvement of the tax base and tax revenue 1 - 3 generating capacity of the Project Area, increased employment opportunities, realization of comprehensive planning goals, removal of blighted conditions, revitalization of the property within the Project Area to create an attractive, comfortable, convenient, and efficient area for housing, industrial, commercial and related uses . The Authority and Council seek to achieve the following Redevelopment Plan objectives : 1. Promote and secure the prompt development or redevelopment of certain property in the Project Area, which property is not now in productive use. or in its highest and best use, in a manner consistent with the City' s Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development or redevelopment of other land in the City. 2 . Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3 . Secure the increase of property subject to taxation by the City, the School District, the County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4 . Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. 5 . Promote the concentration of new desirable residential, commercial, office, and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6 . Encourage local business expansion, improvement, development or redevelopment whenever possible. 7 . Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. 8 . Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Redevelopment Plan. 1 - 4 ss 9 . Provide new ownership housing units and new affordable rental housing units consistent with the Metropolitan Livable Communities Act goals adopted by the Metropolitan Council . Section 1. 5 . Estimated Public Costs . The estimated costs of the public improvements to be made within the Project Area and financed by tax increments derived from tax increment districts within the Project Area are described on the attached Exhibit I- A. Section 1 . 6 . Environmental Control. The proposed development or redevelopment in the Project Area does not present significant environmental concerns . All municipal actions, public improvements and private development or redevelopment shall be carried out in a manner consistent with existing environmental standards. Section 1 . 7 . Administration and Maintenance. Maintenance and operation of the public improvements will be the responsibility of the City Manager who shall also serve as Administrator of the Project Area. Each year the Administrator will submit to the Council the maintenance and operation budget for the following year. The Administrator will administer the Project Area pursuant to the provisions of the Act and the Tax Increment Act; provided, however, that such powers may only be exercised at the direction of the Authority. No action taken by the Administrator pursuant to the above-mentioned powers shall be effective without authorization by the Authority. Section 1. 8 . Rehabilitation. Owners of properties within the Project Area will be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances as well as any design standards. Owners of properties who purchase property within the Project Area from the City may be required to rehabilitate their properties as a condition of sale of land. The City will provide such rehabilitation assistance as may be available from federal, state, or local sources. Section 1 . 9 . Eligible Developer or Redeveloper. A developer or redeveloper may be any person, business, corporation or government unit, including the Authority. A developer or redeveloper may initiate a plan and participate with the Authority in the development or redevelopment thereof . Section 1. 10 . Relocation. The City accepts its responsibility for providing for relocation, if and when applicable, pursuant to Minnesota Statutes, Section 469. 030 . 1 - 5 Section 1 . 11 . Boundaries . The Boundaries of the Project Area are described on the attached Exhibit I-B and illustrated on Exhibit I-C. Section 1. 12 . Parcels to be Acquired. The Authority may publicly acquire and reconvey any or all of the parcels identified on the attached Exhibit I-B. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Tax Increment Financing Plan; and (2) Such acquisition will be undertaken only when there is assurance of funding to finance the acquisition and related costs. • 1 - 6 EXHIBIT I - A ESTIMATED PUBLIC COSTS AS ORIGINALLY ADOPTED DECEMBER 17, 1996 Acquisition $15, 000, 000 Economic Development $ 3, 000, 000 Housing $ 2, 000, 000 Redevelopment $10, 000, 000 Relocation, Site Work, Utility Hook-Up, Traffic Control, Public Right-of-Way Costs $ 5, 500, 000 Economic Development $ 1, 500, 000 Housing $ 1, 000, 000 Redevelopment $ 3, 000, 000 Environmental Costs $ 1, 900, 000 Economic Development $ 300, 000 Housing $ 150, 000 Redevelopment $ 1, 450, 000 Administrative Costs, Consultants' Fees $ 2, 550, 000 Economic Development $ 700, 000 Housing $ 350, 000 Redevelopment $ 1, 500, 000 Contingency $ 1, 050, 000 Redevelopment $ 1, 500, 000 Total $26, 000, 000 Maximum Estimated Total Bonded Indebtedness * $30, 000, 000 * This amount includes capitalized or accrued interest in an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenue to meet scheduled interest payments when due. This amount also incorporates costs for the redevelopment of the Eden Prairie Center, the redevelopment of various commercial and industrial properties and the costs of providing housing consistent with the Metropolitan Livable Communities Act . I - A - 1 50 EXHIBIT I-B 01-116-22-34-0011 03-116-22-12-0345 03-116-22-12-0403 03-116-22-13-0021 03-116-22-22-0001 01-116-22-34-0012 03-116-22-12-0346 03-116-22-12-0404 03-116-22-13-0022 03-116-22-22-0003 01-116-22-34-0016 03-116-22-12-0347 03-116-22-12-0405 03-116-22-13-0023 03-116-22-22-0007 01-116-22-34-0017 03-116-22-12-0348 03-116-22-12-0406 03-116-22-13-0024 03-116-22-22-0008 01-116-22-43-0004 03-116-22-12-0349 03-116-22-12-0407 03-116-22-13-0025 03-116-22-22-0009 01-116-22-43-0005 03-116-22-12-0350 03-116-22-12-0408 03-116-22-13-0026 03-116-22-22-0010 01-116-22-43-0008 03-116-22-12-0351 03-116-22-12-0409 03-116-22-13-0027 03-116-22-22-0013 01-116-22-43-0012 03-116-22-12-0352 03-116-22-12-0410 03-116-22-13-0028 03-116-22-22-0014 . 01-116-22-43-0013 03-116-22-12-0353 03-116-22-12-0411 03-116-22-13-0029 03-116-22-22-0015 01-116-22-43-0014 03-116-22-12-0354 03-116-22-12-0412 03-116-22-13-0030 03-116-22-22-0017 03-116-22-12-0005 03-116-22-12-0355 03-116-22-12-0413 03-116-22-13-0031 03-116-22-22-0019 03-116-22-12-0137 03-116-22-12-0356 03-116-22-12-0414 03-116-22-13-0032 03-116-22-22-0020 03-116-22-12-0138 03-116-22-12-0357 03-116-22-12-0415 03-116-22-13-0033 03-116-22-22-0021 03-116-22-12-0161 03-116-22-12-0358 03-116-22-12-0416 03-116-22-13-0034 03-116-22-22-0022 03-116-22-12-0194 03-116-22-12-0359 ' 03-116-22-12-0417 03-116-22-13-0035 03-116-22-22-0023 03-116-22-12-0215 03-116-22-12-0360 03-116-22-12-0418 03-116-22-13-0036 03-116-22-22-0026 03-116-22-12-0234 03-116-22-12-0361 03-116-22-12-0419 03-116-22-13-0037 03-116-22-22-0027 03-116-22-12-0256 03-116-22-12-0362 03-116-22-12-0420 03-116-22-13-0039 03-116-22-22-0029 • 03-116-22-12-0292 03-116-22-12-0363 03-116-22-12-0421 03-116-22-14-0006 03-116-22-22-0030 03-116-22-12-0294 03-116-22-12-0364 03-116-22-12-0422 03-116-22-14-0007 03-116-22-22-0031 03-116-22-12-0309 03-116-22-12-0365 03-116-22-12-0423 03-116-22-14-0008 03-116-22-22-0032 03-116-22-12-0310 03-116-22-12-0366 03-116-22-12-0424 03-116-22-14-0009 03-116-22-22-0033 03-116-22-12-0311 03-116-22-12-0367 03-116-22-12-0425 03-116-22-14-0010 03-116-22-22-0034 03-116-22-12-0312 03-116-22-12-0368 03-116-22-12-0426 03-116-22-14-0011 03-116-22-22-0035 03-116-22-.12-0313 03-116-22-12-0369 03-116-22-12-0427 .03-116-22-14-0012 03-116-22-22-0036 03-116-22-12-0314 03-116-22-12-0370 03-116-22-12-0428 .03-116-22-14-0013 03-116-22-22-0037 03-116-22-12-0315 03-116-22-12-0371 03-116-22-12-0429 03-116-22-14-0014 03-116-22-22-0038 03-116-22-12-0316 03-116-22-12-0372 03-116-22-12-0430 03-116-22-14-0015 03-116-22-23-0001 03-116-22-12-0317 03-116-22-12-0373 03-116-22-12-0431 03-116-22-14-0016 03-116-22-23-0002 03-116-22-12-0318 03-116-22-12-0376 03-116-22-12-0432 03-116-22-14-0017 03-116-22-23-0003 03-116-22-12-0319 03-116-22-12-0377 03-116-22-12-0433 03-116-22-14-0018 03-116-22-23-0004 03-116-22-12-0320 03-116-22-12-0378 03-116-22-12-0434 03-116-22-14-0019 03-116-22-23-0005 03-116-22-12-0321 03-116-22-12-0379 03-116-22-12-0435 03-116-22-14-0020 03-116-22-23-0006 03-116-22-12-0322 03-116-22-12-0380 03-116-22-12-0437 03-116-22-14-0021 03-116-22-23-0007 03-116-22-12-0323 03-116-22-12-0381 03-116-22-12-0439 03-116-22-14-0022 03-116-22-23-0008 03-116-22-12-0324 03-116-22-12-0382 03-116-22-12-0442 03-116-22-14-0023 03-116-22-23-0009 03-116-22-12-0325 03-116-22-12-0383 03-116-22-12-0443 03-116-22-14-0024 03-116-22-23-0010 03-116-22-12-0326 03-116-22-12-0384 03-116-22-12-0444 03-116-22-14-0025 03-116-22-23-0011 03-116-22-12-0327 03-116-22-12-0385 03-116-22-12-0445 03-116-22-14-0026 03-116-22-23-0012 03-116-22-12-0328 03-116-22-12-0386 03-116-22-13-0001 03-116-22-14-0027 03-116-22-23-0013 03-116-22-12-0329 03-116-22-12-0387 03-116-22-13-0005 03-116-22-14-0028 03-116-22-23-0015 03-116-22-12-0330 03-116-22-12-0388 03-116-22-13-0006 03-116-22-14-0029 03-116-22-23-0016 03-116-22-12-0331 03-116-22-12-0389 03-116-22-13-0007 03-116-22-14-0030 03-116-22-23-0017 03-116-22-12-0332 03-116-22-12-0390 03-116-22-13-0008 03-116-22-14-0031 03-116-22-23-0018 03-116-22-12-0333 03-116-22-12-0391 03-116-22-13-0009 03-116-22-14-0032 03-116-22-23-0025 03-116-22-12-0334 03-116-22-12-0392 03-116-22-13-0010 03-116-22-21-0007 03-116-22-23-0026 03-116-22-12-0335 03-116-22-12-0393 03-116-22-13-0011 03-116-22-21-0010 03-116-22-23-0027 03-116-22-12-0336 03-116-22-12-0394 03-116-22-13-0012 03-116-22-21-0011 03-116-22-23-0029 03-116-22-12-0337 03-116-22-12-0395 03-116-22-13-0013 03-116-22-21-0012 03-116-22-23-0030 03-116-22-12-0338 03-116-22-12-0396 03-116-22-13-0014 03-116-22-21-0013 03-116-22-23-0031 03-116-22-12-0339 03-116-22-12-0397 03-116-22-13-0015 03-116-22-21-0014 03-116-22-23-0033 03-116-22-12-0340 03-116-22-12-0398 03-116-22-13-0016 03-116-22-21-0015 03-116-22-23-0035 03-116-22-12-0341 03-116-22-12-0399 03-116-22-13-0017 03-116-22-21-0016 03-116-22-24-0002 03-116-22-12-0342 03-116-22-12-0400 • 03-116-22-13-0018 03-116-22-21-0019 03-116-22-24-0004 03-116-22-12-0343 03-116-22-12-0401 03-116-22-13-0019 03-116-22-21-0021 03-116-22-24-0005 03-116-22-12-0344 03-116-22-12-0402 03-116-22-13-0020 03-116-22-21-0022 03-116-22-24-0006 �q I-B-1 EXHIBIT I-B 03-116-22-24-0007 03-116-22-32-0046 03-116-22-34-0005 03-116-22-41-0005 03-116-22-42-0015 03-116-22-24-0011 03-116-22-32-0047 03-116-22-34-0006 03-116-22-41-0006 03-116-22-42-0016 03-116-22-24-0012 03-116-22-32-0048 03-116-22-34-0007 03-116-22-41-0008 03-116-22-42-0017 • 03-116-22-24-0013 03-116-22-32-0049 03-116-22-34-0008 03-116-22-41-0009 03-116-22-42-0021 03-116-22-24-0014 03-116-22-32-0050 03-116-22-34-0009 03-116-22-41-0011 03-116-22-42-0022 . :, .103-116-22-24-0015 03-116-22-32-0051 03-116-22-34-0010 03-116-22-41-0012 03-116-22-42-0023 ...03-116-22-24-0016 03-116-22-32-0052 03-116-22-34-0011 03-116-22-41-0013 03-116-22-42-0024 03-116-22-31-0001 03-116-22-32-0053 03-116-22-34-0012 03-116-22-41-0014 03-116-22-42-0026 03-116-22-31-0002 03-116-22-32-0054 03-116-22-34-0013 03-116-22-41-0015 03-116-22-43-0002 03-116-22-31-0003 03-116-22-33-0001 03-116-22-34-0014 03-116-22-41-0016 03-116-22-43-0003 03-116-22-32-0001 03-116-22-33-0005 03-116-22-34-0015 03-116-22-41-0017 03-116-22-43-0004 03-116-22-32-0002 03-116-22-33-0006 03-116-22-34-0016 03-116-22-41-0018 03-116-22-43-0005 03-116-22-32-0003 03-116-22-33-0007 03-116-22-34-0017 03-116-22-41-0019 03-116-22-43-0006 03-116-22-32-0004 03-116-22-33-0008 • 03-116-22-34-0018 03-116-22-41-0020 03-116-22-43-0007 •;:::03-116-22-32-0005 03-116-22-33-0009 03-116-22-34-0019 03-116-22-41-0021 03-116-22-43-0008 ' • 03-116-22-32-0006 03-116-22-33-0010 03-116-22-34-0020 03-116-22-41-0022 03-116-22-43-0009 • 03-116-22-32-0007 03-116-22-33-0011 03-116-22-34-0021 03-116-22-41-0023 03-116-22-43-0010 03-116-22-32-0008 03-116-22-33-0012 03-116-22-34-0022 03-116-22-41-0024 03-116-22-43-0011 03-116-22-32-0009 03-116-22-33-0013 03-116-22-34-0023 03-116-22-41-0025 03-116-22-43-0012 03-116-22-32-0010 03-116-22-33-0014 03-116-22-34-0024 03-116-22-41-0026 03-116-22-43-0013 03-116-22-32-0011 03-116-22-33-0015 03-116-22-34-0025 03-116-22-41-0027 03-116-22-43-0014 03-116-22-32-0012 03-116-22-33-0016 03-116-22-34-0026 03-116-22-41-002B 03-116-22-43-0015 03-116-22-32-0013 03-116-22-33-0017 03-116-22-34-0028 03-116-22-41-0029 03-116-22-43-0016 03-116-22-32-0014 03-116-22-33-0018 03-116-22-34-0029 03-116-22-41-0030 03-116-22-43-0017 03-116-22-32-0015 03-116-22-33-0019 03-116-22-34-0030 03-116-22-41-0031 03-116-22-43-0018 03-116-22-32-0016 03-116-22-33-0020 03-116-22-34-0032 03-116-22-41-0032 03-116-22-43-0019 03-116-22-32-0017 03-116-22-33-0021 03-116-22-34-0033 03-116-22-41-0033 03-116-22-43-0020 03-116-22-32-0018 03-116-22-33-0022 03-116-22-34-0034 03-116-22-41-0034 03-116-22-43-0021 03-116-22-32-0019 03-116-22-33-0023 03-116-22-34-0035 03-116-22-41-0035 03-116-22-43-0022 03-116-22-32-0020 03-116-22-33-0024 03-116-22-34-0036 03-116-22-41-0036 03-116-22-43-0023 03-116-22-32-0021 03-116-22-33-0025 03-116-22-34-0037 03-116-22-41-0037 03-116-22-43-0024 03-116-22-32-0022 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23-116-22-14-0033 23-116-22-21-0045 23-116-22-22-0066 23-116-22-11-0221 23-116-22-12-0044 23-116-22-14-0034 23-116-22-21-0046 23-116-22-22-0067 23-116-22-11-0222 23-116-22-12-0045 23-116-22-14-0035 23-116-22-21-0047 23-116-22-22-0068 23-116-22-11-0223 23-116-22-12-0046 . 23-116-22-14-0036 23-116-22-21-0048 23-116-22-22-0069 23-116-22-11-0224 . 23-116-22-12-0047 23-116-22-14-0037 23-116-22-22-0002 23-116-22-22-0070 23-116-22-11-0225 23-116-22-12-0048 23-116-22-14-0038 23-116-22-22-0011 23-116-22-22-0071 I-B-15 iS EXHIBIT I-B 23-116-22-22-0073 23-116-22-23-0037 23-116-22-24-0037 23-116-22-24-0098 24-116-22-21-0004 23-116-22-22-0074 23-116-22-23-0038 23-116-22-24-0038 23-116-22-24-0099 24-116-22-21-0005 23-116-22-22-0075 23-116-22-23-0039 23-116-22-24-0039 23-116-22-24-0100 24-116-22-21-0006 23-116-22-22-0076 23-116-22-23-0040 23-116-22-24-0040 23-116-22-24-0101 24-116-22-21-0007 23-116-22-22-0077 23-116-22-23-0041 23-116-22-24-0041 23-116-22-24-0102 24-116-22-21-0008 23-116-22-22-0078 23-116-22-23-0042 23-116-22-24-0042 23-116-22-24-0103 24-116-22-21-0009 23-116-22-22-0079 23-116-22-23-0043 23-116-22-24-0043 23-116-22-24-0104 24-116-22-21-0010 23-116-22-22-0080 23-116-22-23-0044 23-116-22-24-0044 23-116-22-24-0105 24-116-22-21-0011 23-116-22-22-0081 23-116-22-23-0045 23-116-22-24-0045 23-116-22-24-0106 24-116-22-21-0012 23-116-22-22-0082 23-116-22-23-0046 23-116-22-24-0046 23-116-22-24-0107 24-116-22-21-0013 23-116-22-22-0083 23-116-22-23-0047 23-116-22-24-0047 23-116-22-31-0004 24-116-22-21-0014 23-116-22-22-0084 23-116-22-23-0048 23-116-22-24-0048 23-116-22-31-0006 24-116-22-21-0015 23-116-22-22-0085 23-116-22-23-0049 23-116-22-24-0049 23-116-22-31-0007 24-116-22-21-0016 23-116-22-22-0086 23-116-22-23-0050 ' 23-116-22-24-0050 23-116-22-31-0008 24-116-22-21-0017 23-116-22-22-0087 23-116-22-23-0051 23-116-22-24-0057 23-116-22-31-0009 24-116-22-21-0018 23-116-22-22-0088 23-116-22-23-0052 23-116-22-24-0058 23-116-22-31-0010 24-116-22-21-0019 23-116-22-22-0089 23-116-22-23-0053 23-116-22-24-0059 23-116-22-31-0011 24-116-22-21-0020 23-116-22-22-0090 23-116-22-23-0054 23-116-22-24-0060 23-116-22-31-0012 24-116-22-21-0021 23-116-22-22-0091 23-116-22-23-0056 23-116-22-24-0061 23-116-22-31-0013 24-116-22-21-0022 23-116-22-22-0092 23-116-22-23-0057 23-116-22-24-0062 23-116-22-32-0001 24-116-22-21-0023 23-116-22-22-0093 23-116-22-23-0058 23-116-22-24-0063 23-116-22-32-0002 24-116-22-21-0024 23-116-22-22-0094 23-116-22-23-0059 23-116-22-24-0064 23-116-22-32-0003 24-116-22-21-0025 23-116-22-22-0095 23-116-22-24-0004 23-116-22-24-0065 23-116-22-32-0006 24-116-22-21-0026 23-116-22-22-0096 23-116-22-24-0005 23-116-22-24-0066 23-116-22-32-0009 24-116-22-21-0027 23-116-22-22-0097 23-116-22-24-0006 23-116-22-24-0067 23-116-22-32-0011 24-116-22-21-0028 23-116-22-23-0007 23-116-22-24-0007 23-116-22-24-0068 23-116-22-32-0012 24-116-22-21-0029 23-116-22-23-0008 23-116-22-24-0008 23-116-22-24-0069 23-116-22-32-0013 24-116-22-21-0030 23-116-22-23-0009 23-116-22-24-0009 23-116-22-24-0070 23-116-22-32-0014 24-116-22-21-0031 23-116-22-23-0010 23-116-22-24-0010 23-116-22-24-0071 23-116-22-33-0002 24-116-22-21-0032 23-116-22-23-0011 23-116-22-24-0011 23-116-22-24-0072 23-116-22-33-0003 24-116-22-21-0033 23-116-22-23-0012 23-116-22-24-0012 23-116-22-24-0073 23-116-22-33-0004 24-116-22-21-0034 23-116-22-23-0013 23-116-22-24-0013 23-116-22-24-0074 23-116-22-33-0005 24-116-22-21-0035 23-116-22-23-0014 23-116-22-24-0014 23-116-22-24-0075 23-118-22-33-0006 24-116-22-21-0036 23-116-22-23-0015 23-116-22-24-0015 23-116-22-24-0076 23-116-22-33-0007 24-116-22-21-0037 23-116-22-23-0016 23-116-22-24-0016 23-116-22-24-0077 23-116-22-33-0008 24-116-22-21-0039 23-116-22-23-0017 23-116-22-24-0017 23-116-22-24-0078 23-116-22-34-0001 24-116-22-21-0040 23-116-22-23-0018 23-116-22-24-0018 23-116-22-24-0079 23-116-22-34-0018 24-116-22-21-0041 23-116-22-23-0019 23-116-22-24-0019 23-116-22-24-0080 23-116-22-34-0019 24-116-22-21-0042 23-116-22-23-0020 23-116-22-24-0020 23-116-22-24-0081 23-116-22-34-0020 24-116-22-21-0043 23-116-22-23-0021 23-116-22-24-0021 23-116-22-24-0082 23-116-22-34-0021 24-116-22-21-0044 23-116-22-23-0022 23-116-22-24-0022 23-116-22-24-0083 23-116-22-34-0022 24-116-22-21-0045 23-116-22-23-0023 23-116-22-24-0023 23-116-22-24-0084 23-116-22-34-0023 24-116-22-21-0046 23-116-22-23-0024 23-116-22-24-0024 23-116-22-24-0085 23-116-22-34-0024 24-116-22-21-0047 23-116-22-23-0025 23-116-22-24-0025 23-116-22-24-0086 23-116-22-34-0025 24-116-22-21-0048 23-116-22-23-0026 23-116-22-24-0026 23-116-22-24-0087 23-116-22-34-0026 24-116-22-21-0049 23-116-22-23-0027 23-116-22-24-0027 23-116-22-24-0088 23-116-22-34-0027 24-116-22-21-0052 23-116-22-23-0028 23-116-22-24-0028 23-116-22-24-0089 23-116-22-34-0028 24-116-22-21-0053 23-116-22-23-0029 23-116-22-24-0029 23-116-22-24-0090 23-116-22-34-0029 24-116-22-21-0054 23-116-22-23-0030 23-116-22-24-0030 23-116-22-24-0091 23-116-22-34-0030 24-116-22-21-0055 23-116-22-23-0031 23-116-22-24-0031 23-116-22-24-0092 23-116-22-34-0031 24-116-22-21-0056 23-116-22-23-0032 23-116-22-24-0032 23-116-22-24-0093 23-116-22-34-0032 24-116-22-21-0057 23-116-22-23-0033 23-116-22-24-0033 23-116-22-24-0094 23-116-22-34-0033 24-116-22-21-0058 23-116-22-23-0034 .23-116-22-24-0034 23-116-22-24-0095 23-116-22-34-0034 24-116-22-21-0059 23-116-22-23-0035 23-116-22-24-0035 23-116-22-24-0096 24-116-22-11-0006 24-116-22-21-0060 23-116-22-23-0036 23-116-22-24-0036 23-116-22-24-0097 24-116-22-21-0003 24-116-22-21-0061 I-B-16 EXHIBIT I-B 24-116-22-21-0062 24-116-22-21-0168 24-116-22-22-0136 24-116-22-22-0231 24-116-22-24-0003 24-116-22-21-0063 24-116-22-21-0169 24-116-22-22-0137 24-116-22-22-0232 24-116-22-24-0004 24-116-22-21-0068 24-116-22-21-0170 24-116-22-22-0140 24-116-22-22-0238 24-116-22-24-0007 24-116-22-21-0072 24-116-22-21-0171 24-116-22-22-0157 24-116-22-22-0239 24-116-22-24-0010 24-116-22-21-0074 24-116-22-21-0172 24-116-22-22-0159 24-116-22-22-0240 24-116-22-24-0013 24-116-22-21-0075 24-116-22-21-0173 24-116-22-22-0160 24-116-22-22-0241 24-116-22-24-0016 24-116-22-21-0077 24-116-22-21-0174 24-116-22-22-0164 24-116-22-22-0242 24-116-22-24-0019 24-116-22-21-0079 24-116-22-21-0175 24-116-22-22-0166 24-116-22-22-0243 24-116-22-24-0022 us.24-116-22-21-0082 24-116-22-21-0176 24-116-22-22-0167 24-116-22-22-0244 24-116-22-24-0025 24-116-22-21-0083 24-116-22-21-0177 24-116-22-22-0171 24-116-22-22-0245 24-116-22-24-0048 24-116-22-21-0084 24-116-22-21-0178 24-116-22-22-0177 24-116-22-22-0246 24-116-22-24-0049 24-116-22-21-0088 24-116-22-22-0005 24-116-22-22-0178 24-116-22-22-0247 24-116-22-24-0050 24-116-22-21-0089 24-116-22-22-0010 24-116-22-22-0180 24-116-22-22-0248 24-116-22-24-0051 • 24-116-22-21-0092 24-116-22-22-0011 ' 24-116-22-22-0182 24-116-22-22-0249 24-116-22-24-0052 ;•�,r: 24-116-22-21-0093 24-116-22-22-0012 24-116-22-22-0187 24-116-22-22-0250 24-116-22-24-0053 24-116-22-21-0095 24-116-22-22-0013 24-116-22-22-0188 .24-116-22-22-0251 24-116-22-24-0054 24-116-22-21-0097 24-116-22-22-0014 24-116-22-22-0189 24-116-22-22-0252 24-116-22-24-0055 24-116-22-21-0102 24-116-22-22-0015 24-116-22-22-0190 24-116-22-22-0253 24-116-22-24-0056 24-116-22-21-0103 24-116-22-22-0016 24-116-22-22-0191 24-116-22-22-0254 24-116-22-24-0058 24-116-22-21-0108 24-116-22-22-0017 24-116-22-22-0192 24-116-22-22-0255 24-116-22-24-0063 24-116-22-21-0111 24-116-22-22-0018 24-116-22-22-0193 24-116-22-22-0256 24-116-22-24-0065 24-116-22-21-0112 24-116-22-22-0019 24-116-22-22-0194 24-116-22-22-0257 24-116-22 24-0066 24-116-22-21-0113 24-116-22-22-0020 24-116-22-22-0195 24-116-22-22-0258 24-116-22-24-0067 24-116-22-21-0114 24-116-22-22-0022 24-1 16-22 22-0196 24-116-22-22-0259 24-116-22-24-0068 24-116-22 21-0115 24-116-22-22-0025 24-116-22-22-0197 24-116-22-22-0260 24-116-22-24-0069 24-116-22-21-0116 24-116-22-22-0027 24-116-22-22-0198 24-116-22-22-0261 24-116-22-24-0070 24-116-22-21-0117 24-116-22-22-0028 24-116-22-22-0199 24-116-22-22-0262 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24-116-22-24-0085 24-116-22-21-0135 24-116-22-22-0045 24-116-22-22-0212 24-116-22-22-0274 24-116-22-24-0086 24-116-22-21-0136 24-116-22-22-0047 24-116-22-22-0213 24-116-22-22-0275 24-116-22-24-0087 24-116-22-21-0137 24-116-22-22-0051 24-116-22-22-0214 24-116-22-22-0276 24-116-22-24-0088 24-116-22-21-0145 24-116-22-22-0052 24-116-22-22-0215 24-116-22-22-0277 24-116-22-24-0089 24-116-22-21-0146 24-116-22-22-0056 24-116-22-22-0218 24-116-22-22-0278 24-116-22-24-0090 24-116-22-21-0147 24-116-22-22-0057 24-116-22-22-0219 24-116-22-22-0279 24-116-22-24-0091 24-116-22-21-0149 24-116-22-22-0058 24-116-22-22-0220 24-116-22-23-0001 24-116-22-24-0092 24-116-22-21-0150 24-116-22-22-0067 24-116-22-22-0221 24-116-22-23-0003 24-116-22-24-0093 24-116-22-21-0151 24-116-22-22-0068 24-116-22-22-0222 24-116-22-23-0006 24-116-22-24-0094 24-116-22-21-0155 24-116-22-22-0076 24-116-22-22-0223 24-116-22-23-0009 24-116-22-24-0095 24-116-22-21-0156 24-116-22-22-0079 24-116-22-22-0224 24-116-22-23-0012 24-116-22-24-0096 24-116-22-21-0157 24-116-22-22-0089 24-116-22-22-0225 24-116-22-23-0014 24-116-22-24-0097 24-116-22-21-0158 24-116-22-22-0098 24-116-22-22-0226 24-116-22-23-0039 24-116-22-24-0098 24-116-22-21-0164 24-116-22-22-0120 24-116-22-22-0227 24-116-22-23-0244 24-116-22-24-0099 24-116-22-21-0165 24-116-22-22-0126 24-116-22-22-0228 24-116-22-23-0245 24-116-22-24-0100 24-116-22-21-0166 24-116-22-22-0131 24-116-22-22-0229 24-116-22-23-0246 24-116-22-24-0101 24-116-22-21-0167 24-116-22-22-0133 24-116-22-22-0230 24-116-22-23-0247 24-116-22-24-0102 I-B-17 Is EXHIBIT I—B 24-116-22-24-0103 24-116-22-24-0104 24-116-22-24-0106 24-116-22-24-0107 24-116-22-24-0108 24-116-22-24-0109 " 24-116-22-24-0110 24-116-22-24-0111 24-116-22-24-0112 24-116-22-24-0113 24-116-22-24-0114 24-116-22-24-0115 24-116-22-24-0116 24-116-22-24-0117 • 24-116-22-24-0118 24-116-22-24-0119 24-116-22-24-0120 24-116-22-24-0121 24-116-22-24-0122 24-116-22-24-0123 24-116-22-24-0124 24-116-22-24-0125 24-116-22-24-0126 24-116-22-24-0127 24-116-22-24-0128 24-116-22-24-0129 24-116-22-24-0130 24-116-22-24-0131 24-116-22-24-0132 24-116-22-41-0001 24-116-22-41-0002 24-116-22-41-0003 24-116-22-42-0003 24-116-22-42-0004 TOTAL 4183 g:lbarb\finaldu-green disk I—B-1/8^ iW EXHIBIT I—C BOUNDARY MAP Av l; 1 ice, - A y O , i 1-A,.... 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CCD lam/ i s I ...; i 7 ! �J\\ S�Z � s�1111111+: S e'' { /)--- ---,'-' 1, f\-- � 5�.:''''!" �,L.031.3 .-,•:: I li �Y Q _- +t/o , li,I) ecs rc, 1 r l q T-r—1 ARTICLE II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 (HO RETAIL PROPERTIES) Section 2 . 1. Statement of Objectives . See Article I, Section 1 .4 . Statement of Objectives . Section 2 .2 . Redevelopment Plan. See Article I, Section 1.2 . through 1 . 12 . Section 2 .3 . Parcels to be Included. The boundaries of Tax Increment Financing District No. 13 (the "District" ) are described on the attached Exhibit II-A and illustrated on Exhibit II-B. Section 2 .4 . Parcels to be Acquired. See Article I, Section 1 . 12 . Parcels to be Acquired. Section 2 . 5 . Development Activity with Signed Contracts. As of the date of adoption of the Tax Increment Financing Plan, the City intends to enter into a Contract for Private Redevelopment with Ho Retail Properties I Limited Partnership for the development described in the next section. Section 2 . 6 . Specific Development Expected to Occur. At this time the following new construction and/or remodeling activities are anticipated: the construction of a new Daytons department store, the relocation of the existing Sears department store to a new building, the construction of approximately 285, 000 additional square feet to the existing shopping center; the construction of a new 14 to 16 screen theater, the relocation and remodeling of a new food court with approximately 10 vendors and 700 seats, the construction of two full service restaurants, the construction of an approximate 80 foot by 185 foot ice rink with supporting facilities including approximately 500 seats, the overall renovation and upgrading of the mall, and the construction of approximately 5, 000 square feet for City use. These improvements, anticipated to be constructed from 1997 through 1999, will provide an estimated market value of approximately $94, 322, 040 upon completion. Section 2 . 7 . Prior Planned Improvements . The Authority shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties within the District for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the Authority. The County Auditor shall 2 - 1 increase the original tax capacity of the District by the tax capacity of each improvement for which the building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the Authority' s approval of the Tax Increment Financing Plan. Section 2 . 8 . Fiscal Disparities. The Authority hereby elects the method of tax increment computation set forth in Minnesota Statutes, Section 469 . 177, Subdivision 3 , clause (b) if and when commercial/industrial/development occurs within the District . Section 2 . 9 . Estimated Public Improvement Costs . The estimated costs associated with the Project Area are listed on the attached Exhibit I-A. Section 2 . 10 . Estimated Amount of Indebtedness . It is anticipated that $30, 000, 000 of indebtedness may be incurred with respect to this portion of the Project Area. Pursuant to Minnesota Statutes, Section 469 . 178, Subdivision 1, Tax Increment Bonds may be used as required to amortize the costs identified in Article I, Section 1 . 5 . The City reserves the right to pay for all or part of the activities listed on Exhibit I-A relating to the District as tax increments are generated and become available . Section 2 . 11 . Sources of Revenue. The costs outlined on the attached Exhibit I-A will be financed through the annual collection of tax increments . Section 2 . 12 . Estimated Original and Captured Tax Capacities . The tax capacity of all taxable property in the District, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2 , 1996 is estimated to be $1, 074, 800 . The estimated adjusted captured tax capacity of the District upon completion of the proposed improvements on January 2, 1999 and after the District' s fiscal disparities contribution is made, is estimated to be $2, 095, 885 . Section 2 . 13 . Tax Rate . The pay 1996 tax rate is 139 . 201% . Section 2 . 14 . Tax Increment . Tax increment has been calculated at approximately $2, 917, 493 upon completion, assuming a static tax capacity rate and valuation increases of $5 . 00 per square foot and $2 . 50 per square foot, respectively, for the mall and the department stores components compounded annually through 2005 . 2 - 2 Section 2 . 15 . Type of District. The District is, pursuant to Minnesota Statutes, Section 469 . 174, Subdivision 10 a Redevelopment District. Section 2 . 16 . Duration. The duration of the District is expected to be twenty-five (25) from receipt of the first tax increment, estimated to be received in 1999 . Thus, it is estimated that the District, including any modifications for subsequent phases or other changes, will terminate in the year 2023 . Section 2 . 17 . Estimated Impact on Taxing Jurisdictions . The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of the District . If the construction is a result of tax increment financing, the impact is $0 to other entities . Notwithstanding the fact that the fiscal impact on the other taxing jurisdiction is $0 due to the fact that the financing would not have occurred without the assistance of the City, the attached Exhibit II-E reflects the estimated impact of the District if the "but for" test was not met . Subsection 2 . 18 . Election of Contribution or Exemption. The Council hereby elects a qualifying local contribution equal to five percent (5 . 00%) of the tax increment generated from the District, as set forth in Minnesota Statutes 273 . 1399 . Section 2 . 19 . Modifications . As of December 17, 1996 no modifications to the District or the Tax Increment Financing Plan therefore have been made, said date being the date of initial approval and adoption thereof by the City Council. 2 - 3 EXHIBIT II - A PARCELS TO BE INCLUDED AS ORIGINALLY ADOPTED DECEMBER 17, 1996 PIN 14-116-22-42-0009 PIN 14-116-22-42-0003 II - A - 1 EXHIBIT II—B BOUNDARY MAP < Try,�/ A. J ' i O N YYNw QN 1 %.,! •:'eir7L q 111011111111 ' 1 0, ‘\U-L 3 _..... . LJ I • ,J . t - ---- _'il _ - -'S liV-Vis-'' - ' 1\ 1 Insb s4:4s_ .. , \\,..: ‘Iktkvt,. .:10,. . _ .: ' .•••N:. i . , '''‘):SNk'C":4171:x.!:::$1'r.---N-1116-‘47:41:4,.;'Net.1.---::::1‘.-zit.t.kVrft, =11\1 ,,,- i 2 si'al : ‘-‘4.x.:,\—;L, ;4( 4 , ‘4,1 N.N,: ‘ :::::i .. -——I.\S k----64kki N, Nom.. ,.. * * -- --,3 . . A\ it _,• , ,r ,,,,..„ ,........,_ _ :„ , w , ,,, ,m. ., ., _ ,A. 4. „/". , ... . : ,. 0 2 N;1 r II:"-n---'u•".7-4\6). \" , • _. H 13 V NIT) , . :,.4: tckk 6 '1''1''•, ..,' 4t, 111:JH H I. 9 9 X rn I I E uI nNO SITE RAN NO NLTAL P. MTV 11.1.121. QTPARfOLYN :I '' EDEN PRAIRIE CENTER GENERAL GROWTH PROPERTIES, INC. tI (n EDEN IIWME MINNESOTA 53 W.Mass E. 0100 It .w � Caeyq Maw:. EOEO) ��� e T. I I—B—1 12' EXHIBIT II -C CASH FLOW ANALYSIS Original Estimated Captured Fiscal Adjusted Estimated Tax Tax Tax Disparities Captured Tax Date Capacity Capacity Capacity Impact Tax Capacity Increment 06/01/96 1,074,800 1,074,800 0 0 0 0 12/01/96 1,074,800 1,074,800 0 0 0 0 06/01/97 1,074,800 1,074,800 0 0 0 0 12/01/97 1,074,800 1,074,800 0 0 0 0 06/01/98 1,074,800 1,425,496 0 0 0 0 12/01/98 1,074,800 1,425,496 0 0 0 0 06/01/99 1,074,800 4,338,814 350,696 125,507 225,188 156,732 12/01/99 1,074,800 4,338,814 350,696 125,507 225,188 156,732 06/01/2000 1,074,800 4,485,981 3,264,014 1,168,129 2,095,885 1,458,747 12/01/2000 1,074,800 4,485,981 3,264,014 1,168,129 2,095,885 1,458,747 06/01/2001 1,074,800 4,633,148 3,411,181 1,220,797 2,190,384 1,524,518 12/01/2001 1,074,800 4,633,148 3,411,181 1,220,797 2,190,384 1,524,518 06/01/2002 1,074,800 4,780,314 3,558,348 1,273,465 2,284,883 1,590,290 12/01/2002 1,074,800 4,780,314 3,558,348 1,273,465 2,284,883 1,590,290 06/01/2003 1,074,800 4,927,481 3,705,514 1,326,133 2,379,381 1,656,061 12/01/2003 1,074,800 4,927,481 3,705,514 1,326,133 2,379,381 1,656,061 06/01/2004 1,074,800 5,074,648 3,852,681 1,378,801 2,473,880 1,721,833 12/01/2004 1,074,800 5,074,648 3,852,681 1,378,801 2,473,880 1,721,833 06/01/2005 1,074,800 5,221,815 3,999,848 1,431,470 2,568,379 1,787,604 12/01/2005 1,074,800 5,221,815 3,999,848 1,431,470 2,568,379 1,787,604 06/01/2006 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2006 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2007 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2007 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2008 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2008 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2009 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2009 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2010 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2010 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2011 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2011 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2012 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2012 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 06/01/2013 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 12/01/2013 1,074,800 5,221,815 4,147,015 1,484,138 2,662,877 1,853,376 49,445,584 II—C-1 EXHIBIT II -C ASSUMPTIONS Total Original Market Value 23,400,000 14-116-22-42-0009 Mall 17,000,000 14-116-22-42-0003 Sears 6,400,000 Total Original Tax Capacity 1,074,800 14-116-22-42-0009 Mall 780,400 14-116-22-42-0003 Sears 294,400 Pay 1996 Tax Rate 1.39201 Total Current Taxes 1,496,132 Revenue Note Rate 10.000% Fiscal Disparities Contribution 35.7881% SUMMARY UPON COMPLETION Total Estimated Square Feet 814,712 SF Mall 465,000 Sears - 124,712 Daytons 225,000 Total Estimated Market Value @ Completion 94,322,040 Total Estimated Tax Capacity @ Completion 4,338,814 Pay 1996 Tax Rate 1.39201 Total Estimated Taxes @ Completion 6,039,672 II—C-2 vq . EXHIBIT II -C ASSUMPTIONS PHASE 1 MALL COMPONENT 1996 Construction 0.000% 1997 Valuation 0.000% 0 0 SF @ 0.00 /SF 0 Estimated Tax Capacity 4.600% 0 Pay 1996 Tax Rate 1.39201 1998 Taxes Payable 0.00 /SF 0 DEPARTMENT STORES COMPONENT 1996 Construction 0.000% 1997 Valuation 0.000% Estimated Market Value 0 SF @ 0.00 /SF 0 Estimated Tax Capacity 4.600% 0 Pay 1996 Tax Rate 1.39201 1998 Taxes Payable 0.00 /SF 0 TOTALS FOR PHASE 1 Estimated Market Value 0 Estimated Tax Capacity 0 Pay 1996 Tax Rate 1.39201 Estimated Taxes 0 II—C-3 EXHIBIT II -C ASSUMPTIONS PHASE 2 MALL COMPONENT 1997 Construction 20.000% 1998 Valuation 20.000% Estimated Market Value 93,000 SF @ 164.00 /SF - 15,252,000 Estimated Tax Capacity 4.600% 701,592 Pay 1996 Tax Rate 1.39201 1999 Taxes Payable 10.50 /SF 976,623 DEPARTMENT STORES COMPONENT 1997 Construction 100.000% 1998 Valuation 100.000% Estimated Market Value 349,712 SF @ 45.00 /SF 15,737,040 Estimated Tax Capacity 4.600% 723,904 Pay 1996 Tax Rate 1.39201 , 1999 Taxes Payable 2.88 /SF 1,007,681 TOTALS FOR PHASE 2 Estimated Market Value 30,989,040 Estimated Tax Capacity 1,425,496 Pay 1996 Tax Rate 1.39201 Estimated Taxes 1,984,304 II—C_4 ?G EXHIBIT II -C ASSUMPTIONS PHASE 3 MALL COMPONENT 1998 Construction 100.000% 1999 Valuation 100.000% Estimated Market Value 465,000 SF @ 169.00 /SF 78,585,000 Estimated Tax Capacity 4.600% 3,614,910 Pay 1996 Tax Rate 1.39201 2000 Taxes Payable 10.82 /SF 5,031,991 DEPARTMENT STORES COMPONENT 1998 Construction 100.000% 1999 Valuation 100.000% Estimated Market Value 349,712 SF @ 45.00 /SF 15,737,040 Estimated Tax Capacity 4.600% 723,904 Pay 1996 Tax Rate 1.39201 2000 Taxes Payable 2.88 /SF 1,007,681 TOTALS FOR PHASE 3 Estimated Market Value 94,322,040 Estimated Tax Capacity 4,338,814 Pay 1996 Tax Rate 1.39201 2000 Taxes Payable 6,039,672 II—C-5 �1 EXHIBIT II -C ASSUMPTIONS INFLATION -MALL COMPONENT 5.00 annual increase in estimated market value/sf Value Market Market Tax Taxes Estimated Estimated Year Value/sf Value Capacity Payable Taxes Taxes/sf 1998 164.00 15,252,000 701,592 1999 976,623 10.50 1999 169.00 78,585,000 3,614,910 2000 5,031,991 10.82 2000 174.00 80,910,000 3,721,860 2001 5,180,866 11.14 2001 179.00 83,235,000 3,828,810 2002 5,329,742 11.46 2002 184.00 85,560,000 3,935,760 2003 5,478,617 11.78 2003 189.00 87,885,000 4,042,710 2004 5,627,493 12.10 2004 194.00 90,210,000 4,149,660 2005 5,776,368 12.42 2005 199.00 92,535,000 4,256,610 2006 5,925,244 12.74 INFLATION -DEPARTMENT STORES COMPONENT 2.50 annual increase in estimated market value/sf Value Market Market Tax Taxes Estimated Estimated Year Value/sf Value Capacity Payable Taxes Taxes/sf 1998 45.00 15,737,040 723,904 1999 1,007,681 2.88 1999 45.00 15,737,040 723,904 2000 1,007,681 2.88 2000 47.50 16,611,320 764,121 2001 1,063,664 3.04 2001 50.00 17,485,600 804,338 2002 1,119,646 3.20 2002 52.50 18,359,880 844,554 2003 1,175,628 3.36 2003 55.00 19,234,160 884,771 2004 1,231,611 3.52 2004 57.50 20,108,440 924,988 2005 1,287,593 3.68 2005 60.00 20,982,720 965,205 2006 1,343,575 3.84 INFLATION -COMBINED MALL AND DEPARTMENT STORES Value Market Tax Taxes Estimated • Year Value Capacity Payable Taxes 1998 30,989,040 1,425,496 1999 1,984,304 1999 94,322,040 4,338,814 2000 6,039,672 2000 97,521,320 4,485,981 2001 6,244,530 2001 100,720,600 4,633,148 2002 6,449,388 2002 103,919,880 4,780,314 2003 6,654,246 2003 107,119,160 4,927,481 2004 6,859,103 2004 110,318,440 5,074,648 2005 7,063,961 2005 113,517,720 5,221,815 2006 7,268,819 II-C-6 "I I EXHIBIT II - D "BUT FOR" ANALYSIS In the recent past, the City of Eden Prairie (the "City" ) and General Growth Properties/Homart and Ho Retail Properties I Limited Partnership (the "Redeveloper" ) , of the Eden Prairie Center (the "Center" ) , have explored several alternatives which would enhance and upgrade the Center. The Redeveloper has proposed two such alternatives to the City which are described below. Alternative 1 Without the proposed tax increment financing assistance ("TIF Assistance") , the Redeveloper would not be able to support a renovation of the scope currently proposed. The existing asset value is declining as a result of the lack of a contemporary facility and the lack of a major fashion department store . The current leasing environment has become very difficult with overall mall sales and occupancy declining. Additionally, the lack of a major fashion department store has forced the mall to lease to a more value oriented tenant mix as proposed to a fashion oriented mix. Without the proposed TIF Assistance, the Redeveloper would most likely attempt to improve the mall sales and occupancy levels through a minor renovation consisting of the addition of a new value oriented "big box" retailer such as Marshall' s, TJ Maxx, etc. , and a painting and brightening of the existing mall. With a value oriented focus it becomes impossible to support major capital expenditures for structural changes or improvements. It should also be noted that even if the Redeveloper were to attempt to attract these new retailers, they might not be interested in joining the Center. If the Redeveloper were to succeed in attracting a number of new retailers and in leasing the vacant space in the mall, it is estimated that these improvements might generate up to an additional $15, 000, 000 in increased market value. Alternative 2 With TIF Assistance, the Redeveloper would not only proceed with a more substantial renovation of the existing Center but would relocate the existing Sears store, provide space for a Daytons department store, construct a new 14 to 16 screen theater, remodel and relocate the existing food court to accommodate approximately 10 vendors and 700 seats, construct two full service restaurants, construct an approximately 80' by 185' ice rink with supporting II - D - 1 19 sr- facilities, and construct an approximate 5, 000 square foot area for City use . These improvements would generate approximately $70, 922 , 040 in increased market value. This Alternative 2 would also generate additional funds for the City' s affordable housing and economic development programs. As a result of this proposal, the City would not only enhance its retail/commercial image, but it would be in a position to achieve several community, recreational and affordable housing goals . Because of the substantial demolition, relocation, acquisition, rehabilitation, remediation and other public costs associated with this project, Alternative 2 is not economically feasible without TIF Assistance. The attached provides an analysis of Alternative 1 (without TIF Assistance) and Alternative 2 (with TIF Assistance) . The net increased market value with TIF Assistance after deducting the net present value of the projected tax increment is $47, 326, 859 . II - D - 2 90 EXHIBIT II - D Without TIF Assistance: (1) the Sears department store would remain the same (ii) there would be no new Daytons department store (iii) The Mall stores would not be rehabilitated Increased Market Value Without TIF Assistance $15, 000, 000 With TIF Assistance : (i) the Sears department store would be relocated (ii) a Daytons department store would be constructed (iii) the Mall stores would be rehabilitated Increased Market Value with TIF Assistance _ $70, 922, 040 Less Present Value of Tax Increment (See Page II-D-4) $23 , 595, 181 Net Increased Market Value with TIF Assistance $47, 326, 859 II - D - 3 qi EXHIBIT II - D PRESENT VALUE ANALYSIS Period Tax Semi Annual Cumulative Ending Increment Balance Balance 06/01/96 0 0 0 12/01/96 0 0 0 06/01/97 0 0 0 12/01/97 0 0 0 06/01/98 0 0 0 12/01/98 0 0 0 06/01/99 156,732 122,804 122,804 = 12/01/99 156,732 116,956 239,760 06/01/2000 1,458,747 1,036,704 1,276,464 12/01/2000 1,458,747 987,337 2,263,801 06/01/2001 1,524,518 982,718 3,246,519 12/01/2001 1,524,518 935,922 4,182,441 06/01/2002 1,590,290 929,809 5,112,250 12/01/2002 1,590,290 885,533 5,997,783 06/01/2093 1,656,061 878,245 6,876,028 12/01/2003 1,656,061 836,423 7,712,451 06/01/2004 1,721,833 828,231 8,540,682 12/01/2004 1,721,833 788,791 9,329,474 06/01/2005 1,787,604 779,926 10,109,400 12/01/2005 1,787,604 742,787 10,852,186 06/01/2006 1,853,376 733,444 11,585,630 12/01/2006 1,853,376 698,518 12,284,148 06/01/2007 1,853,376 665,255 12,949,403 12/01/2007 1,853,376 633,576 13,582,979 06/01/2008 1,853,376 603,406 14,186,385 12/01/2008 1,853,376 574,672 14,761,058 06/01/2009 1,853,376 547,307 15,308,365 12/01/2009 1,853,376 521,245 15,829,609 06/01/2010 1,853,376 496,424 16,326,033 12/01/2010 1,853,376 472,784 16,798,817 06/01/2011 1,853,376 450,271 17,249,088 12/01/2011 1,853,376 428,829 17,677,918 06/01/2012 1,853,376 408,409 18,086,327 12/01/2012 1,853,376 388,961 18,475,287 06/01/2013 1,853,376 370,439 18,845,726 12/01/2013 1,853,376 352,799 19,198,525 06/01/2014 1,853,376 335,999 19,534,524 12/01/2014 1,853,376 319,999 19,854,523 06/01/2015 1,853,376 304,761 20,159,284 12/01/2015 1,853,376 290,249 20,449,533 06/01/2016 1,853,376 276,427 20,725,960 12/01/2016 1,853,376 263,264 20,989,224 06/01/2017 1,853,376 250,728 21,239,952 12/01/2017 1,853,376 238,788 21,478,740 06/01/2018 1,853,376 227,417 21,706,158 12/01/2018 1,853,376 216,588 21,922,746 06/01/2019 1,853,376 206,274 22,129,020 12/01/2019 1,853,376 196,452 22,325,472 06/01/2020 1,853,376 187,097 22,512,568 12/01/2020 1,853,376 178,187 22,690,756 06/01/2021 1,853,376 169,702 22,860,458 12/01/2021 1,853,376 161,621 23,022,079 06/01/2022 1,853,376 153,925 23,176,004 12/01/2022 1,853,376 146,595 23,322,600 06/01/2023 1,853,376 139,615 23,462,214 12/01/2023 1,853,376 132,966 23,595,181 86,513,101 23,595,181 23,595,181 92 II - D - 4 EXHIBIT II — E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO. 1 IMPACT ON TAX BASE ORIGINAL ESTIMATED CAPTURED DISTRICT TAX TAX TAX TAX AS % ENTITY BASE CAPACITY CAPACITY CAPACITY * OF TOTAL City of Eden Prairie 63,665,293 1,074,800 4,338,814 2,095,885 3.292% County of Hennepin 1,006,485,910 1,074,800 4,338,814 2,095,885 0.208% ISD #272 61,064,112 1,074,800 4,338,814 2,095,885 3.432% IMPACT ON TAX RATE TAX % OF TAX ** TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of Eden Prairie 0.23809 17.10% 499,009 0.810% County of Hennepin 0.37270 26.77% 781,136 0.078% ISD #272 0.70358 50.54% 1,474,623 2.501% Other 0.07764 5.58% 162,725 1.39201 100.00% 2,917,493 * Captured Tax Capacity after the TIF District's fiscal disparities contribution **Assumes construction would have occurred without the creation of a Tax Increment Financing District. If constrtuction is a result of Tax Increment Financing, the impact is $0. II — E — 1 (a HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND HO RETAIL PROPERTIES I LIMITED PARTNERSHIP. BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority" ) as follows : Section 1. Recitals . 1. 01 It has been proposed that the Authority enter into a Contract for Private Redevelopment (the "Contract") with Ho Retail Properties I Limited Partnership (the "Redeveloper") . Section 2 . Findings. 2 . 01 The Authority hereby finds that the Contract promotes the objectives as outlined in its Redevelopment Plan for Redevelopment Project No. 5 established pursuant to Minnesota Statutes, Sections 469 . 001 et seq. 2 . 02 The Authority hereby finds that it has approved and adopted Tax Increment Financing District NI. 13 and the City Council has approved and adopted the Tax Increment Financing Plan relating thereto pursuant to Minnesota Statutes, Sections 469 .174 through 469 .179, inclusive, as amended and supplemented from time to time. Section 3 . Authorizations. 3 . 01 The Chairman and the Executive Director of the Authority (the "Officers") are hereby authorized to execute and deliver the Contract when the following condition is met : Substantial conformance of a Contract to the Contract presented to the Authority as of this date with such additions and modifications as the Officers may deem desirable or necessary as evidenced by the execution thereof; Iq Adopted by the Board of Commissioners this day of 199_. Chairman ATTEST: Executive Director Draft : December 9, 1996 CONTRACT FOR PRIVATE REDEVELOPMENT By and Between the HOUSING AND REDEVELOPMENT AUTHORITY In and For the CITY OF EDEN PRAIRIE, MINNESOTA And HO RETAIL PROPERTIES I LIMITED PARTNERSHIP This document was drafted by: Casserly Law Office, P.A. Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, MN 55431 612/885-1298 q(1 TABLE OF CONTENTS Page, ARTICLE I Definitions Section 1 . 1 . Definitions 4 ARTICLE II Representations and Warranties Section 2 . 1 . Representations by the Authority 7 Section 2 .2 . Representations and Warranties by the Redeveloper 7 ARTICLE III Undertakings of Authority and Redeveloper Section 3 . 1 . Reimbursement to Redeveloper for Site Improvement Costs 10 Section 3 . 2 . Limitations on Undertaking of the City 10 Section 3 . 3 . Conditions Precedent to Delivery of the Note 10 ARTICLE. IV Construction of Minimum Improvements Section 4 . 1 . Construction of Minimum Improvements 12 Section 4 . 2 . Completion of Construction 12 Section 4 .3 . Certificate of Completion 12 ARTICLE V Tax Increment Section 5 . 1. Tax Increment Certification 14 ARTICLE VI Prohibitions Against Assignment and Transfer; Indemnification Section 6 . 1 . Prohibition Against Transfer of Property and Assignment of Agreement 15 Section 6 . 2 . Release and Indemnification Covenants 16 ARTICLE VII Events of Default Section 7 . 1 . Events of Default Defined 18 Section 7 .2 . Remedies on Default 18 Section 7 . 3 . No Additional Waiver Implied by One Waiver 19 ARTICLE VIII Additional Provisions Section 8 . 1 . Conflict of Interests 20 Section 8 .2 . Restrictions on Use 20 Section 8 .3 . No Third-Party Beneficiaries 20 Section 8 .4 . Titles of Articles and Sections 20 Section 8 . 5 . Notices and Demands 20 Section 8 . 6 . Counterparts 21 Section 8 . 7 . Legal Opinions 21 Section 8 . 8 . Binding Effect 21 Section 8 . 9 . Severability 22 Section 8 . 10 . Amendments and Modifications 22 Section 8 . 11 . Estoppel Certificates 22 Section 8 . 12 No Warranty of Condition or Suitability 22 Section 8 . 13 Subordination 22 Section 8 . 14 School District Levy 22 ARTICLE IX Termination of Agreement Section 9 . 1 . Termination - General 24 Section 9 .2 . Termination - Specific 24 Section 9 . 3 . Form 24 SIGNATURES 25 SCHEDULE A Description of Redevelopment Property 27 SCHEDULE B Available Tax Increment 28 SCHEDULE C Certificate of Completion 29 SCHEDULE D Note 32 SCHEDULE E Minimum Improvements 38 SCHEDULE F Site Plan 40 SCHEDULE G Site Improvement Costs 41 SCHEDULE H Opinion of Counsel 43 SCHEDULE I Minnesota Business Assistance Form 44 iU CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of December, 1996, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority" ) , a political subdivision of the State of Minnesota organized under the Constitution and laws of the State of Minnesota, with its principal offices at 8080 Mitchell Road, Eden Prairie, Minnesota, 55344-2230, and Ho Retail Properties I Limited Partnership, an Illinois limited partnership with its principal office at 55 West Monroe Street, Suite 3100, Chicago, IL 60603 (the "Redeveloper") . WITNESSETH; WHEREAS, the Board of Commissioners (the "Board" ) of the Authority has determined that there is a need for development and redevelopment within the corporate limits of the City to provide employment opportunities, to provide adequate housing in the City, including low/moderate income housing and housing for the elderly, to improve the tax base and to improve the general economy of the City and the State of Minnesota; and WHEREAS, in furtherance of these objectives, there has been established a Redevelopment Plan for Redevelopment Project No. 5 (the "Project Area" ) in the City of Eden Prairie (the "City" ) to encourage and provide opportunity for private development and redevelopment of certain property in the City which is not now in its highest and best use; WHEREAS, as of the date of this Agreement the Redevelopment Plan has been prepared and approved, and the Project Area has been established pursuant to Minnesota Statutes, Sections 469 . 001 through 469 . 047 ; WHEREAS, in connection with the Project Area, the City Council of the City has created Tax Increment Financing District No. 13 (the "Tax Increment District") pursuant to the Minnesota Tax Increment Financing Act contained in Minnesota Statutes, Sections 469 . 174 to 469 . 179; and WHEREAS, the major objectives in establishing the Project Area are to: 1 . encourage the removal of blighted commercial sites and the construction of modern commercial facilities in their place; 2 . promote and secure the prompt development or redevelopment of property in the Project Area in a manner consistent with the City' s Comprehensive Plan and with minimal adverse impact on the environment, which property is currently less productive because of the lack of proper utilization and lack of investment, q9 CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of December, 1996, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") , a political subdivision of the State of Minnesota organized under the Constitution and laws of the State of Minnesota, with its principal offices at 8080 Mitchell Road, Eden Prairie, Minnesota, 55344-2230, and Ho Retail Properties I Limited Partnership, an Illinois limited partnership with its principal office at 55 West Monroe Street, Suite 3100, Chicago, IL 60603 (the "Redeveloper") . WITNESSETH; WHEREAS, the Board of Commissioners (the "Board") of the Authority has determined that there is a need for development and redevelopment within the corporate limits of the City to provide employment opportunities, to provide adequate housing in the City, including low/moderate income housing and housing for the elderly, to improve the tax base and to improve the general economy of the City and the State of Minnesota; and WHEREAS, in furtherance of these objectives, there has been established a Redevelopment Plan for Redevelopment Project No. 5 (the "Project Area" ) in the City of Eden Prairie (the "City" ) to encourage and provide opportunity for private development and redevelopment of certain property in the City which is not now in its highest and best use; WHEREAS, as of the date of this Agreement the Redevelopment Plan has been prepared and approved, and the Project Area has been established pursuant to Minnesota Statutes, Sections 469 . 001 through 469 . 047 ; WHEREAS, in connection with the Project Area, the City Council of the City has created Tax Increment Financing District No. 13 (the "Tax Increment District") pursuant to the Minnesota Tax Increment Financing Act contained in Minnesota Statutes, Sections 469 . 174 to 469 .179; and WHEREAS, the major objectives in establishing the Project Area are to: 1. encourage the removal of blighted commercial sites and the construction of modern commercial facilities in their place; 2 . promote and secure the prompt development or redevelopment of property in the Project Area in a manner consistent with the City' s Comprehensive Plan and with minimal adverse impact on the environment-, which property is currently less productive because of the lack of proper utilization and lack of investment, 1 thus promoting and'securing the development of other land in the City; 3 . promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled labor and other human resources in the City; 4 . secure the increase of property subject to taxation by the City, the County, the school district and other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 5 . promote the concentration of appropriate commercial development within the Project Area in order to maintain the area in a manner compatible with its accessibility and prominence in the City; 6 . provide for the financing and construction for public improvements in and adjacent to the Project Area necessary for the orderly and beneficial redevelopment of the Project Area and adjacent areas of the City; 7 . encourage local business expansion, improvement, and redevelopment, whenever possible; 8 . create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new or remodeled buildings; 9 . encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Project Area; and WHEREAS, in order to achieve the objectives of the Authority and the City in creating the Project Area and adopting the Redevelopment Plan the Authority is prepared to provide assistance in accordance with this Agreement . WHEREAS, the Authority believes that the development and redevelopment of the Project Area pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the development and redevelopment are being undertaken and assisted; 2 / 01 NOW, THEREFORE, in consideration of the premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows : 3 ARTICLE I Definitions Section 1.1. Definitions . In this Agreement, unless a different meaning clearly appears from the context : "Act" means Minnesota Statutes, Sections 469 . 001, et seq. as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota. "Available Tax Increment" means the Tax Increment from Tax Increment Financing District No. which is further described in Schedule B attached to this Agreement and which remains after the Authority has made the deductions described in Schedule B. "Certificate of Completion" means the certification, in the form of the certificate contained in Schedule C attached to and made a part of this Agreement, provided to the Redeveloper pursuant to Section 4 .3 . of this Agreement. "City" means the City of Eden Prairie, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents necessary to secure the City zoning and planned unit development district review approval which approval occurred on , 1996 the Redevelopment Property "County" means the County of Hennepin, Minnesota. "Event of Default" means an action by the Redeveloper described in Section 7.1 . of this Agreement. "Legal Counsel" means any firm of recognized legal counsel acceptable to the Authority and the Redeveloper. "Minimum Improvements" means the improvements which the Redeveloper will construct or remodel or cause to be constructed or remodeled on the Redevelopment Property, which improvements are described on Schedule E attached to this Agreement and as shown on the Site Plan. "Note" means the Limited Revenue Tax Increment Note in the principal amount of Fifteen Million Dollars ($15, 000, 000 . 00) , in the form of Schedule D attached to this Agreement, and to be made by the Authority payable to the order of the Redeveloper in 4 IW accordance with Article III of this Agreement . In the event the Project costs are less than $87, 750, 000 then the principal of the Note shall be reduced by $170 . 94 for each $1, 000 . 00, or portion thereof, that the Project costs are less than $87, 750, 000, and the Authority shall notify the Note owner that the Note principal is reduced to the amount as described herein and the interest shall be adjusted accordingly. "Opinion of Counsel" means the Opinion of Counsel attached as Schedule H to the Agreement executed by Legal Counsel. "Plan" means, collectively, the Tax Increment Financing Plan and Redevelopment Plan adopted by the City and Authority in connection with the creation of the Tax Increment District and the Project Area. "Project" means the Redevelopment Property and Minimum Improvements . "Project Area" means Redevelopment Project No. 5 . "Redeveloper" means Ho Retail Properties I Limited Partnership, an Illinois limited partnership, and its successors or assigns . "Redevelopment Property" means the real property upon which the Minimum Improvements are to be constructed which real property is described in Schedule A of this Agreement. "Site Improvement Costs" means the costs of the improvements to be constructed on the Redevelopment Property by the Redeveloper as described in Schedule G of this Agreement . "Site Plan" means the plan attached hereto as Schedule F showing the proposed nature and location of the Minimum Improvements. "State" means the State of Minnesota. "Tax Increment" means only that portion of the real estate taxes paid with respect to the Redevelopment Property which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469 . 174 to 469 . 179, as amended. "Tax Increment District" means Tax Increment Financing District No. 13 created by the City and the Authority within the Project Area. "Termination Date" means the expiration date of this Agreement 5 Io as described in Article IX. "Unavoidable Delays" means delays which are beyond a party' s reasonable control including without limitation, delays caused by any of the following: strikes, lockouts, actions of labor movements; casualties to the Minimum Improvements, the Redevelopment Property or the equipment used to construct the Minimum Improvements; governmental actions, judicial action commenced by third parties, citizen opposition or action affecting this Agreement; adverse weather conditions; acts of God; epidemics; fire; earthquake; flood; explosions; unusual action of the elements; invasion; insurrection; war; malicious mischief; condemnation; governmental restrictions; order of civil or military or naval authorities; embargoes; or the impossibility of obtaining materials . Specifically excluded are delays resulting from the Redeveloper' s inability to obtain financing or the Redeveloper' s lack of capital. 6 ARTICLE II Representations and Warranties Section 2 .1. Representations hy the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is a political subdivision of the State of Minnesota duly authorized and existing and is governed by a board of commissioners. The Authority has full right, power and authority to enter into this Agreement, execute and deliver the Note and carry out its obligations under this Agreement and the Note. (b) The Authority has created, adopted and approved the Project Area as required under the terms of the Act . (c) The Authority has created, adopted, and approved the Tax Increment District as required under the Tax Increment Act . (d) The Authority shall reimburse the Redeveloper for expenses, eligible for reimbursement under the Act, in accordance with the Plan and this Agreement. (e) The Authority shall make the Note payable to the Redeveloper in accordance with the provisions of this Agreement and to pledge tax increment generated by the Tax Increment District to the payment of the principal of and interest on the Note according to its terms . (f) The Authority has duly authorized the execution and delivery of this Agreement and the Note and the performance of its obligations hereunder and thereunder and neither the execution and delivery of this Agreement or the Note, the consummation of the transaction contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement or the Note is prevented, limited by or conflicts with the results in a breach of, the terms, indebtedness, agreement or instrument of whatever nature to which the Authority is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2 .2 . Representations and Warranties hy the Redeveloper. The Redeveloper represents and warrants that : (a) Subject to Unavoidable Delays the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations) . 7 I0(u (b) Subject to Unavoidable Delays The Redeveloper will use its best commercially reasonable efforts to obtain, in a timely manner, all required permits, licenses and approvals, and to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (c) The Redeveloper is a limited partnership organized under the laws of the State of Illinois, is authorized to transact business in the State, has duly authorized the execution and delivery of this Agreement and the performance of its obligations hereunder and thereafter, and neither the execution and delivery of this Agreement, the consummation of the transaction contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (d) The construction of the Minimum Improvements, in the opinion of the Redeveloper, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the assistance provided by the Authority pursuant to this Agreement including but not limited to the enhancement of the rental income received by the Redeveloper from the Project . (e) The Authority has provided to the Redeveloper, and the Redeveloper acknowledges receipt of, a copy of Laws of Minnesota for 1995, Chapter 224, Section 58, to be codified in Minnesota Statutes, Section 116J. 991, and entitled "Public Assistance to Business; Wage and Job Requirements, " requiring that within 2 years of receiving the assistance provided pursuant to this Agreement, which for this purpose shall be deemed to be the 2 year period beginning on the date the Certificate of Completion is issued in accordance with Section 4 .3, the Redeveloper shall comply with certain jobs and other obligations stated in the above-mentioned statute. The Redeveloper hereby covenants to comply with said obligations, and the Parties agree that said goal level shall be the creation of _ jobs within the applicable 2 year period. The Redeveloper acknowledges and agrees that, as required by this statutory provision, failure to meet said goals will result in an Event of Default hereunder and in an obligation of the Redeveloper to repay all of the assistance provided pursuant to this Agreement. The Redeveloper further agrees that said jobs shall have an hourly wage of at least $ per hour. This subparagraph shall not be construed as imposing on the Redeveloper any obligation beyond the scope and purpose of the above-mentioned statute to maintain or provide minimum employment and wage levels. The Redeveloper further agrees to provide to the Authority in a timely manner, or to the State of Minnesota, as may be applicable, any information 8 Iv that is reasonably necessary to comply with the above-mentioned statute and in particular the information necessary to complete the Minnesota Business Assistance Form attached as Schedule I to this Agreement, provided, however, that the Redeveloper' s obligation to provide the information referred to in this sentence shall terminate once the Redeveloper has achieved the requirements contained in this Section 2 .2 (e) . (f) The total cost of the Project shall be approximately ninety million dollars ($90, 000, 000) which the Redeveloper shall verify by documentation described in Section 3 .2 (b) of this Agreement . However if the Project Cost is less than $87, 750, 000, then the Note shall be reduced as provided in Article II. (g) The Redeveloper shall, using efforts consistent with and for time periods consistent with industry standards, lease the Minimum Improvements to tenants that are consistent with the operation of a first class regional mall such as Southdale, Ridgedale, Rosedale, Burnsville Center and Maplewood Mall . (h) The Redeveloper shall not seek reimbursement as a Site Improvement Cost any expense resulting from the preparation of the space to be leased to the City as described in the Minimum Improvements . 9 ARTICLE III Undertakings of Authority and Redeveloper Section 3 . 1. Reimbursement to Redeveloper for Site Improvement Costs. As consideration for the execution of this Agreement, the payment of the Site Improvement Costs, the construction of the Minimum Improvements by the Redeveloper and subject to the further provisions of this Agreement, the Authority shall deliver the Note and the Opinion of Counsel to the Redeveloper. The Note shall be dated, issued and delivered along with the Opinion of Counsel as soon as practicable but not more than 30 days following the execution and delivery of this Agreement . Section 3 .2 . Limitations on Undertaking of the City. (a) The Authority shall have no obligation to the Redeveloper under this Agreement to deliver the Note to the Redeveloper for the Site Improvement Costs if the Authority, at the time the Note is to be delivered, is entitled under Section 7 .2 . to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. If the Authority has not exercised its remedies under Section 7 .2 . and if the Note is withheld due to an Event of Default which is later cured, such Note shall be delivered after such Event of Default has been cured. (b) The Authority shall have no obligation to provide Note payments to the Redeveloper for the Site Improvement Costs nor to issue a Certificate of Completion unless the Redeveloper has submitted to the Authority sworn statement (s) in a form reasonably acceptable to the Authority signed by the Redeveloper' s chief financial officer to the effect that the Site Improvement Costs for which payment was made have been incurred in connection with the Construction Plans previously reviewed by the City or the Project budget previously reviewed by the Authority. Prior to its issuing the Certificate of Completion, the Authority shall have the right to audit the Project records and statements at the Redeveloper' s offices during its normal business hours and upon the Authority providing reasonable notice. The Authority shall complete its audit within six months of its receiving the sworn statement (s) . The Authority shall be deemed to have accepted the amounts for the Site Improvement Costs, assuming there is no Event of Default, when it issues a Certificate of Completion in accordance with Section 4 .3 . Section 3 .3 . Conditions Precedent to Payment of the Note. The Authority' s obligation to make the Note payments shall be contingent upon the satisfaction by the Redeveloper of the following conditions precedent : (a) The Redeveloper shall be in material compliance with all io 10 of the terms and provisions of this Agreement . (b) The Redeveloper shall have received a Certificate of Completion from the Authority, pursuant to Section 4 .3 . of this Agreement . (c) The Redeveloper shall have delivered to the Authority the documents required by Section 3 .2 . (b) above. ARTICLE IV Construction of Minimum Improvements Section 4 . 1. Construction of Minimum Improvements. The Redeveloper agrees that, subject to Unavoidable Delays, it will construct the Minimum Improvements on the Redevelopment Property in accordance with the Construction Plans to be approved by the City in accordance with its customary procedures and regulations. Section 4 . 2 . Completion of Construction. Subject to Unavoidable Delays, the Redeveloper shall have substantially completed the construction of the Minimum Improvements by December 31, 1999 . All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. The Redeveloper agrees for itself, it successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall diligently prosecute to completion the development of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be completed within the period specified in this Section 4 .2 . of this Agreement . Section 4 .3 . Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with the provisions of this Agreement relating to the obligations of the Redeveloper to construct the Minimum Improvements (including the date for completion thereof) and the completion of any audit as provided in Section 3 . 2 of this Agreement, the Authority will furnish the Redeveloper with the Certificate of Completion so certifying. Such certification by the Authority shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 4 .3 . of this Agreement, the Authority shall, within ten twenty (20) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default. 12 (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Redeveloper, Dayton' s and Sears have each received an occupancy permit allowing for occupancy of their space in the Minimum Improvements from the City' s building inspector, which .permits shall not be unreasonably withheld and whose issuance shall be in accordance with all applicable law. 13 ARTICLE V Tax Increment Section 5 .1. Tax Increment Certification. Pursuant to the Plan, the Authority has pledged and shall appropriate the Available Tax Increment, subject to this Agreement, to the payment of the principal of and interest on the Note, said payment to be made in accordance with the terms and provisions as stated in the Note. 14 ARTICLE VI Prohibitions Against Assignment and Transfer; Indemnification Section 6 . 1 . Prohibition Against Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that prior to the issuance of the Certificate of Completion: (a) Except for leases to lessees of the Minimum Improvements and other portions of the Project and for the purpose of obtaining construction and/or permanent financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to the Project under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper (except as so authorized) will not sell, assign, convey or otherwise transfer its rights or obligations under this Agreement and/or substantially all of the Project without prior written approval given by the Authority in its reasonable discretion. Such approval shall be deemed to have been given if the Authority has not responded specifying with particularity the reasons for any denial within 60 days of a written request by the Redeveloper for such approval . (b) The Authority shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that : (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper. (ii) Any proposed transferee, by instrument in writing reasonably satisfactory to the Authority, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement and agrees to be subject to all of the conditions and restrictions to which the Redeveloper is subject . (c) The provisions of this Section shall not apply to the exceptions described in Section 6 . 1 (a) nor to any sale, conveyance or other transfer or assignment made by the Redeveloper: (1) to any entity controlled by, controlling or under common control of the Redeveloper or General Growth Properties, Inc. , a Delaware Corporation, (2) to an anchor tenant (who may purchase rather than lease a part of the Redevelopment Property) or (3) in conjunction with a mortgage foreclosure, either by advertisement or action or a deed in lieu thereof,' or 15 I11 any transfer by any lender or its transferee from time to time. Section 6 . 2 . Release and Indemnification Covenants. (a) The Redeveloper covenants and agrees that the Authority and the governing body members, officers, agents, servants and employees thereof shall not be liable for, and agrees to indemnify and hold harmless the Authority and the governing body members, officers, agents, servants and employees thereof against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements, except for any loss resulting from negligent, willful or wanton misconduct of any such parties, and provided that the claim therefor is based upon the acts of Redeveloper or of others acting on the behalf or under the direction or control of Redeveloper. (b) Except for any negligent or willful misrepresentation or any negligent, willful or wanton misconduct of the following named parties, the Redeveloper agrees to protect and defend the Authority and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements, and provided that in all cases the claim therefor is based upon the acts of Redeveloper or of others acting on the behalf or under the direction or control of Redeveloper. (c) The Authority and the governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Redevelopment Property or Minimum Improvements due to any act of negligence of any person, other than the negligence and misconduct of Authority employees or those employed or engaged by the Authority. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. (e) The indemnification covenants made by Redeveloper in this Section 6 .2 . shall terminate upon the issuance of the Certificate of Completion; provided that said covenants shall continue to be effective thereafter with respect to all claims, whenever asserted, which are based on acts, omissions or other 16 115 events which occurred prior to the issuance of the Certificate of Completion. (f) Nothing in this section of this Agreement is intended to waive any municipal liability limitations contained in Minnesota Statutes, particularly Chapter 466 . 17 HIP ARTICLE VII Events of Default Section 7. 1. Events of Default Defined. The following are Events of Default under this Agreement : (a) Failure of the Redeveloper to complete the Project substantially in conformance with the terms, conditions, and limitations of this Agreement which failure is not cured within the period of time set forth in Section 7.2 . (b) Failure by the Redeveloper in a timely manner to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement which failure is not cured within the period of time set forth in Section 7 . 2 . (c) The Redeveloper shall : (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the United States Bankruptcy Code or under any similar federal or state law; or (ii) make an assignment for the benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Redeveloper as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Redeveloper or of the Redevelopment Property, or part thereof shall be appointed in any proceeding brought against the Redeveloper and shall not be discharged within ninety (90) days after such appointment, or if the Redeveloper shall consent to or acquiesce in such appointment. Section 7.2 . Remedies on Default. In the event the Authority desires to exercise any of its rights or remedies as provided herein or otherwise available to the Authority at law or in equity, the Authority shall first provide written notice to Redeveloper setting forth with specificity and particularity the 18 HI alleged default (the "Default Notice" ) . The Redeveloper shall have sixty (60) days from its receipt of a Default Notice to cure or remedy the default specified in the Default Notice, or such longer period as may be reasonably required to complete the cure as soon as reasonably possible under the circumstances . If following the Redeveloper' s receipt of a Default Notice the Redeveloper does not cure or remedy the default therein specified within the time provided above, the Authority may take any one or more of the following actions at any time prior to the Redeveloper' s curing or remedying the default : (a) Suspend its performance under this Agreement until it receives assurances from the Redeveloper, deemed reasonably adequate by the Authority in its sole discretion, that the Redeveloper will cure its default and continue its performance under this Agreement . (b) Terminate this Agreement . (c) Withhold the Certificate of Completion. Section 7 . 3 . No Additional Waiver Implied hy One Waiver. In the event any agreement contained in this Agreement should be breached by either the Authority or the Redeveloper and thereafter waived by either the Authority or the Redeveloper, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 19 It� ARTICLE VIII Additional Provisions Section 8 . 1 . Conflict of Interests. No member, official, or employee of the Authority shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. Section 8 .2 . Restrictions on Use. The Redeveloper shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof . Section 8 .3 . No Third-Party Beneficiaries. There shall be no third-party beneficiaries to this Agreement . More specifically, the Authority enters into this Agreement, and intends that the consummation of the Authority' s obligations contemplated hereby shall be, for the sole and exclusive benefit of the Redeveloper, and notwithstanding the fact that any other "person" may ultimately participate in or have an interest in the Project, or any portion thereof, the Authority does not intend that any party other than the Redeveloper shall have, as alleged third party beneficiary or otherwise, any rights or interests hereunder as against the Authority, and no such other party shall have standing to complain of the Authority' s exercise of, or alleged failure to exercise, its rights and obligations, or of the Authority' s performance or alleged lack thereof, under this Agreement . Section 8 .4 . Titles of Articles and Sections . Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8 . 5 . Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or transmitted by facsimile with the original delivered by any of the other means set forth in this Section 8 . 5, or delivered by a recognized overnight courier or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at : 20 ji Ho Retail Properties I 55 West Monroe Street Suite 3100 Chicago, IL 60603 Attn: Senior Vice President - Development With a copy to: Ho Retail Properties I 55 West Monroe Street Suite 3100 Chicago, IL 60603 Attn: General Counsel And with a copy to Redeveloper' s lender if so requested in writing by the Redeveloper. or at such other address as the Redeveloper may, from time to time, designate in writing and forward to the Authority; and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at : Housing and Redevelopment Authority City of Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344 Attention: City Manager With a copy to: Lang, Pauly, Gregerson & Rosow, Ltd. 1600 IBM Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 Attn: Richard F. Rosow, Esq. Section 8 . 6 . Counterparts . This agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8 .7. Legal Opinions. Upon execution of this Agreement, each party shall supply the other party with an opinion of its legal counsel to the effect that this Agreement is legally issued or executed by, and valid and binding upon, such party, and enforceable in accordance with its terms . Section 8 . 8 . Binding Effect . This Agreement shall inure to the benefit of and shall be binding upon the Authority and the Redeveloper and their respective successors and permitted assigns . Nothing in this Agreement express or implied, shall 21 120 give to any person, lessee, occupant or permitted purchaser under Section 6 . 1 (c) (2) , other than the parties hereto, and their respective successors and permitted assigns hereunder any benefit or responsibility or other legal or equitable right, remedy, claim or obligation under this Agreement. Section 8 . 9 . Severability. In the event any provision of this Agreement shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, nd the remaining provisions shall not in any way be affected or impaired thereby. Section 8 . 10 . Amendments and Modifications . This Agreement may not be effectively amended, changed, modified or altered unless consented to in writing by both the Authority and Redeveloper. Section 8 . 11. Estoppel Certificates . Upon request by the Redeveloper, the Authority within 7 business days shall execute an estoppel certificate identifying this Agreement and any amendments hereto, verifying that there is no Event of Default or event or condition that, with the giving of notice or lapse of time, or both, would constitute an Event of Default and, if applicable verifying that any transferee of the Redeveloper is a permitted transferee in accordance with the provisions of Article VI and such other information as Redeveloper may reasonably request . Section 8 . 12 . No Warranty of Condition or Suitability. The Authority does not make any warranty either express or implied, as to the design or capacity of the Project, as to the suitability or operation of the Project, or as to the Redeveloper' s purposes or needs . Section 8 .13 . Subordination. The Authority recognizes that the Redeveloper may require construction and/or permanent financing for the Minimum Improvements ("Improvement Loan") and that in order to do so, the lender will require a first mortgage or other lien ( "Mortgage") on the Redevelopment Property which is prior to the rights of the Authority under this Agreement. The Authority agrees that at the time of the closing of an Improvement Loan it will enter into a subordination agreement in form and content acceptable to the lender. Section. 8 . 14 . School District Levy. 1992 Minnesota Laws Chapter 499, Article 7, Section 31 (the "Levy Repeal Statute") repeals those portions of Minnesota Statutes that relate to property taxes school districts may levy each year to operate the elementary and secondary schools of the district. The Levy Repeal Statute is effective June 30, 1999 . If the Levy Repeal Statute becomes effective, there will be substantially less 22 12. Available Tax Increment and the Note principal will most likely not be paid in full . In the event the Levy Repeal Statute, a similar statute or a replacement statute becomes effective prior to December 31, 2007 and results in generating less Available Tax Increment, then the Authority and the Note Holder agree to amend the Note by extending its duration for the duration of the Tax Increment District if necessary, in order to allow full payment of the Note. The Authority and the Note Holder agree to execute any documents necessary to effect the intentions described in this section. 23 22- ARTICLE IX Termination of Agreement Section 9 . 1 . Termination - General. The Authority may terminate this Agreement as provided herein, and otherwise this Agreement shall terminate upon payment of the Note in accordance with its terms , but no such termination shall terminate any indemnification or other rights or remedies arising hereunder due to any Event of Default which occurred prior to such termination. Section 9 .2 . Termination - Specific. In the event the Redeveloper is unable to secure adequate financing to construct the Minimum Improvements or to secure anchor department store tenants or users, then the Redeveloper, at its option, may terminate the Agreement. If a termination occurs under this Section 9 . 2 then the Redeveloper and the City shall have no further obligation to each other except as provided in Section 9 . 1. Section 9 . 3 . Form. Upon request by either the Redeveloper or the Authority, this termination shall be in a recordable form and executed by both the Redeveloper and the Authority. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf by its duly authorized representatives, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its duly authorized representative, on or as of the date of first above written. 24 Dated: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chairman And by Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this day of , 199_ before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public Authority Signature Page — Redevelopment Contract 25 124 Dated: HO RETAIL PROPERTIES I LIMITED PARTNERSHIP, an Illinois limited partnership BY: GGP GENERAL I, INC. , a Delaware corporation, its general partner By: Its : STATE OF ss COUNTY OF On this day of , 199_ before me, a notary public within and for County, personally appeared , the of GGP General I, Inc. , a Delaware corporation, general partner of Ho Retail Properties I Limited Partnership, an Illinois limited partnership, and acknowledged the foregoing instrument on behalf of said limited partnership. Notary Public Redeveloper Signature Page - Contract for Private Redevelopment 26 12S SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY Parcel Identification Numbers : 14-116-22-42-0009 14-116-22-42-0003 As shown on the map attached to this Schedule A. 27 126 SCHEDULE B AVAILABLE TAX INCREMENT In each six month period, shown below, the Authority will retain 40 percent of the Tax Increment but not less than Column A below (if the Tax Increment is less than Column A then the Authority retains all of the Tax Increment) nor more than Column B below. After the above calculation, the remainder is Available Tax Increment. Period Ending Column A Column B August 1, 1999 5, 046 8, 970 February 1, 2000 5, 046 8, 970 August 1, 2000 191, 881 341, 122 February 1, 2001 191, 881 341, 122 August 1, 2001 206, 325 366, 799 February 1, 2002 206, 325 366, 799 August 1, 2002 220, 769 392, 477 February 1, 2003 220, 769 392, 477 August 1, 2003 235, 212 418, 154 February 1, 2004 235, 212 418, 154 August 1, 2004 249, 655 443 , 831 February 1, 2005 249, 655 443, 831 August 1, 2005 264, 098 469, 508 February 1, 2006 264, 098 469, 508 August 1, 2006 278, 542 495, 185 February 1, 2007 278, 542 495, 185 August 1, 2007 278, 542 495, 185 February 1, 2008 278, 542 495, 185 August 1, 2008 278, 542 495, 185 February 1, 2009 278, 542 495, 185 August 1, 2009 278, 542 495, 185 February 1, 2010 278, 542 495, 185 August 1, 2010 278, 542 495, 185 February 1, 2011 278, 542 495, 185 August 1, 2011 278, 542 495, 185 February 1, 2012 278, 542 495, 185 August 1, 2012 278, 542 495, 185 February 1, 2013 278, 542 495, 185 August 1, 2013 278, 542 495, 185 February 1, 2014 278, 542 495, 185 28 12'1 SCHEDULE C CERTIFICATE OF COMPLETION WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (the "Authority") and Ho Retail Properties I Limited Partnership, an Illinois limited partnership (the "Redeveloper" ) , have entered into a Contract for Private Redevelopment (the "Agreement") dated , 199 , regarding certain real property described on Exhibit 1 attached hereto (hereinafter referred to and referred to in the Agreement as the "Redevelopment Property") ; and WHEREAS, the Agreement contains certain conditions and provisions requiring the Redeveloper to construct improvements upon the Redevelopment Property (hereinafter referred to and referred to in the Agreement as the "Minimum Improvements" ) ; and WHEREAS, Section 4 .3 . of the Agreement requires the Authority to provide an appropriate instrument promptly after the substantial completion (as defined in the Agreement) of the Minimum Improvements so certifying said substantial completion; NOW, THEREFORE, in compliance with said Section 4 .3 . of the Agreement, this is to certify that the Redeveloper has substantially completed the Minimum Improvements in accordance with the conditions and provisions of the Agreement relating thereto (including the date for completion thereof) , and this certification shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the completion thereof and that the Redeveloper has no further obligations under the Agreement except as provided in Sections 2 .2 (e) , 6 .2, 8 .2 and 9 .3 . 29 I�� Dated: , 19 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chairman And by Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this day of , 199_ before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public 30 129 EXHIBIT 1 LEGAL DESCRIPTION • 31 r3 SCHEDULE D NOTE US $15, 000, 000 . 00 199_ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA LIMITED REVENUE TAX INCREMENT NOTE The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") , for value received, promises to pay to the order of Ho Retail Properties I Limited Partnership, an Illinois limited partnership, its successors and assigns (the "Owner" ) the maximum principal sum of Fifteen Million Dollars ($15, 000, 000 . 00) , in semiannual installments on February 1 and August 1 of each year, commencing August 1, 1999 to and including February 1, 2014 (each being a "Scheduled Payment Date" ) together with interest on the outstanding and unpaid balance of such principal sum from August 1, 1998 until said principal sum is paid at the rate of ten percent (10 . 00%) per annum. Interest on the outstanding balance of this Note shall accrue from August 1, 1998 and shall be added to the principal each February 1 and August 1 unless paid. Installments of principal and interest due on each Scheduled Payment Date shall be in the amounts described below. Any such installment payments on this Note shall be applied first to interest and then to reduction of outstanding principal . In the event interest due on this Note as of any Scheduled Payment Date is more than the installment payment actually made on such date, the unpaid interest shall be added to the outstanding unpaid principal balance hereof and shall bear interest at the rate of 10 . 00% per annum. Upon 30 days' prior written notice from the Authority to the Owner, the Principal Amount is subject to prepayment at the option of the Authority in whole or in part August 1, 1999 and on each February 1 and August 1 thereafter. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. The Note is a special and limited obligation and not a 32 131 general obligation of the Authority, which has been issued by the Authority pursuant to and in full conformity with the • Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469 . 178, subdivision 4, to aid in financing a project, as therein defined, of the Authority consisting generally of defraying certain public redevelopment costs incurred and to be incurred by the Authority within and for the benefit of its Development District No. 1 THE NOTE IS NOT A GENERAL OBLIGATION OF THE AUTHORITY, THE CITY OF EDEN PRAIRIE (THE "CITY") OR THE STATE OF MINNESOTA (THE "STATE" ) , AND NEITHER THE AUTHORITY, THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THE NOTE, NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. The principal of and interest on this Note is due on any Scheduled Payment Date and is payable solely from and only to the extent that the Authority shall have received as of such Scheduled Payment Date Available Tax Increment, which is defined on Exhibit 1 attached. The Authority shall pay on each Scheduled Payment Date to the Owner all Available Tax Increment . On February 1, 2014, the maturity date of this Note, any unpaid portion shall be deemed to have been paid in full provided that all Available Tax Increment has been paid to the Owner as provided in this Note. This Note shall not be payable from or constitute a charge upon any funds of the Authority, and the Authority shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the Authority or of any other public body, nor to enforce payment thereof against any property of the Authority or other public body other than that expressly pledged herein for the payment of this Note. Neither the Authority nor any director, commissioner, council member, board member, officer, employee or agent of the Authority, nor any person executing or registering this Note shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, 33 132- together with all other indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Authority to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Authority has caused this Note to be executed by the manual signatures of its Chairman and Executive Director and has caused this Note to be dated 199 . By By Its Chairman Its Executive Director 34 CERTIFICATE OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on the day of , 199 , was on said date registered in the name of Ho Retail Properties I Limited Partnership, and that, at the request of said Owner of this Note, the undersigned has this day registered this Note as to principal and interest on the Note in the name of such Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. Name of Date of Signature of Registered Owner Registration Executive Director Ho Retail Properties I , 199_ Limited Partnership 35 13u EXHIBIT 1 AVAILABLE TAX INCREMENT "Available Tax Increment" means the Tax Increment, as defined below, from Tax Increment Financing District No. , as defined below, which remains after the Authority has made the following calculation: in each six month period, shown below, the Authority will retain 40 percent of the Tax Increment but not less than Column A below (if the Tax Increment is less than Column A then the Authority retains all of the Tax Increment) nor more than Column B below. After the above calculation, the remainder is Available Tax Increment. Period Ending Column A Column B August 1, 1999 5, 046 8, 970 February 1, 2000 5, 046 8, 970 August 1, 2000 191, 881 341, 122 February 1, 2001 191, 881 341, 122 August 1, 2001 206, 325 366, 799 February 1, 2002 206, 325 366, 799 August 1, 2002 220, 769 392, 477 February 1, 2003 220, 769 392,477 August 1, 2003 235,212 418, 154 February 1, 2004 235, 212 418, 154 August 1, 2004 249, 655 443 , 831 February 1, 2005 249, 655 443, 831 August 1, 2005 264, 098 469, 508 February 1, 2006 264, 098 469, 508 August 1, 2006 278, 542 495, 185 February 1, 2007 278, 542 495, 185 August 1, 2007 278, 542 495, 185 February 1, 2008 278, 542 495, 185 August 1, 2008 278, 542 495, 185 February 1, 2009 278, 542 495, 185 August 1, 2009 278, 542 495, 185 February 1, 2010 278,542 495, 185 August 1, 2010 278, 542 495, 185 February 1, 2011 278, 542 495, 185 August 1, 2011 278, 542 495, 185 February 1, 2012 278, 542 495, 185 August 1, 2012 278, 542 495, 185 February 1, 2013 278, 542 495, 185 August 1, 2013 278, 542 495, 185 February 1, 2014 278, 542 495, 185 "Tax Increment" means only that portion of the real estate taxes paid with respect to the Redevelopment Property, and improvements thereto described in Exhibit 1-1 of the Note, which is remitted to the Authority as tax increment pursuant to the Tax 36 135 Increment Act, as defined bel-ow. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469 . 174 to 469 .179, as amended and as it may be amended. "Tax Increment District" means Tax Increment Financing District No. created by the City and the Authority. 37 SCHEDULE E MINIMUM IMPROVEMENTS 1. A new department store to be occupied by Dayton' s for which the Redeveloper will obtain an operating covenant from Dayton' s to operate a department store for not less than 15 years . 2 . A Sears department store to be relocated to a new building for which the Redeveloper will obtain an operating covenant from Sears to operate a department store for not less than 15 years. The operating covenant referred to in paragraphs 1 and 2 will be included in the Construction, Operation and Reciprocal Easement Agreement between the Redeveloper and Dayton' s and Sears respectively. The Operating Covenant shall be subject to condemnation and other circumstances beyond the control of Dayton' s and Sears respectively. 3 . An increase in the total square footage of the Eden Prairie Center from 800, 000 square feet to approximately 1, 285, 000 square feet. 4 . A new 14-16 screen theater consolidated in one location. 5 . A relocated, new food court of approximately 10 vendors and approximately 700 seats, clustered with the theaters in an entertainment core. 6 . Two full service restaurants which are not principally cafeterias of not less than 4, 000 square feet for each restaurant . 7. An ice rink of approximately 80 feet by 185 feet with supporting facilities which include approximately 500 seats and is designed to provide multipurpose space. 8 . An overall renovation and upgrading of the Mall . 9 . Construction of approximately 5, 000 square feet of floor area for the City to use (the "City Space") for functions compatible with Shopping Center uses and in accordance with all applicable laws and the standard shopping center lease used by the Redeveloper for this Project. Examples of permitted uses include art center, adult education, post office, remote city services (such as bill payment center, 38 C1 distribution of information with respect to City services) . The City Space will be leased by the Redeveloper to the Authority or the City for a fifteen year term with one five year renewable option. The lease for the City Space will require that the City or Authority pay $7, 500 per year which shall be allocated by landlord (Redeveloper) to common area or other expenses. 39 SCHEDULE F SITE PLAN 40 139 SCHEDULE G SITE IMPROVEMENT COSTS Site Improvement Costs include the following types of expenses for the Redevelopment Property incurred by the Redeveloper: Demolition/Site Clearance/Relocation Expenses (including the direct and indirect costs of relocating the anchors and mall tenants Grading/Back Filling/Compaction of Fill including preparation of road right-of-way Erosion Control/Silt Fence Paving Retaining Walls Soil Corrections Landscaping and Sprinklers (per City requirements) Testing and Environmental Well Capping Curb Cuts and Aprons Interest Costs (at 10% per annum, on all expenses from time they are incurred) Supervision Contractor' s Fee Inspection Fee Customary Overhead (limited to allowable costs) Environmental Costs Environmental Assessments Environmental Work Programs Environmental Abatement/Cleanup Environmental Wet Lands/Biologist Consultant' s Fees Architectural/Design Fees (Site only) Engineering Fees (Site only) Financial Consulting Legal and Title for Redeveloper Legal/Bond Counsel Preparation or Modification of Redevelopment Plan, Tax Increment Financing Plan, Contract for Private Redevelopment Contingency Flag Poles/Signage/Amenities Fences Tree Removal Ponding/Storm Water Retention/Storm Sewer Boulevard Trees/Sprinklers Water Lines Streets/Street Furniture/Street Amenities Traffic Control (lights and signs) Miscellaneous Public Right-Of-Way Costs (lighting, entry, driveway aprons, curbs, sidewalks, boulevard, berms) Sanitary Sewer 41 149 Acquisition- Cost of the Redevelopment Property Code Deficiencies The -following further describes the above Site Improvement Costs above: Demolish existing Sears building and portion of mall gross leasable area Asbestos and environmental remediation Relocation costs for mall tenants including replacement of tenant fixtures Relocation costs for food court including replacement of tenant fixtures Tenant Relocation and fixturing costs All site preparation work including design & engineering New exterior monument and directional signage Acquisition of the Redevelopment Property Fees 42 �uf SCHEDULE H OPINION OF COUNSEL $15, 000, 000 . 00 Taxable Limited Revenue Tax Increment Note (Ho Retail Properties I Limited Partnership Project) Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Hennepin County, Minnesota We have acted as legal counsel in connection with the issuance by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") , of its Taxable Limited Revenue Tax Increment Note (Ho Retail Properties I Limited Partnership Project) , originally dated as of date of delivery, in the total principal amount of $15, 000, 000 . 00 . For the purpose of rendering this opinion we have examined certified copies of certain proceedings taken by the Authority and the City of Eden Prairie, Minnesota (the "City" ) in the authorization, sale and issuance of the Note, including the form of the Note, and certain other proceedings and documents furnished by the Authority and the City. From our examination of such proceedings and other documents, assuming the genuineness of the signatures thereon, and based upon laws, regulations, rulings and decisions in effect on the date hereof, it is our opinion that : 1 . The Note is in due form, has been duly executed and delivered, and is a valid and binding limited obligation of the Authority, enforceable in accordance with its terms, except as such enforcement may be limited by Minnesota or United State laws relating to bankruptcy, reorganization, moratorium or creditors' rights . Dated at , Minnesota, , 199_. 43 vl..ai,u vLL 1. ofrade � CC< • Minnesota Business Assistance Form* 44,„!, ',,, Oi • A - Minnesota Department of Trade and Economic Development 1,-444 vvvvvv Please type or print in dark ink. 1.Funding government agency name 2.Agency street address 3.City 4.Zip Code 5.Phone number(aria code) 6.Fax number(area code) 7.Contact name 8.Type of government agency _City County Regional _State _Other(Please indicate) 9.Name of TIP district(if applicable) 10.Name of business receiving assistance 11.Date business received assistance 12.Job creation goals for business receiving assistance 13.Hourly wage level goals for business receiving assistance 14.Actual jobs created since business received assistance 15.Actual avaagc hourly wage paid to employees hired since business received assistance 16.Last date actual wage and job creation levels documented *Please complete one form for each business project your agency assisted with$25,000 or more in public funds. Please send completed form annually by March Ito: or fax report to: Minnesota Business Assistance Form (612)296-1290 Minnesota Department of Trade and Economic Development 500 Metro Square For information,call: 121 East 7th Place (612) 297-1291 or 1-S00-657-385S St.Paul, Minnesota 55101 44 CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION CREATING REDEVELOPMENT PROJECT NO. 5 AND APPROVING THE REDEVELOPMENT PLAN RELATING THERETO AND CREATING TAX INCREMENT FINANCING DISTRICT NO. 13 AND APPROVING THE TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council" ) of the City of Eden Prairie, Minnesota (the "City") , as follows : Section 1 . Recitals . 1. 01 . It has been proposed and approved by the Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota (the "Authority" ) that the Council approve the creation of proposed Redevelopment Project No. 5 and approve and adopt the proposed Redevelopment Plan relating thereto, pursuant to and in accordance with Minnesota Statutes, Sections 469 . 001 to 469 . 047, inclusive, as amended and supplemented from time to time. 1 . 02 . It has been further proposed and approved by the Authority that the Council approve the creation of proposed Tax Increment Financing District No. 13 and approve and adopt the proposed Tax Increment Financing Plan relating thereto pursuant to and in accordance with Minnesota Statutes, Section 469 . 174 to 469 . 179, inclusive, as amended and supplemented from time to time. 1 . 03 . The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, the proposed Redevelopment Plan for Redevelopment Project No. 5 and the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 13, defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1 . 04 . The Authority and the Council have performed all actions required by law to be performed prior to the approval and adoption of the proposed Redevelopment Plan and proposed Tax Increment Financing Plan. 1 lqq 1 . 05 . The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to create Redevelopment Project No. 5 and to approve and adopt the proposed Redevelopment Plan relating thereto and to create proposed Tax Increment Financing District No. 13 and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. Section 2 . Findings. 2 . 01 . The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the Redevelopment Plan and Tax Increment Financing Plan are necessary to assure the development and redevelopment of Redevelopment Project No. 5 . 2 . 02 . The Council hereby finds, determines and declares that the Redevelopment Plan and Tax Increment Financing Plan conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City' s comprehensive plan. 2 . 03 . The Council hereby finds, determines and declares that the Redevelopment Plan and Tax Increment Financing Plan afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 5 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers . 2 . 04 . The Council hereby finds, determines and declares that the modification, approval and adoption of the Redevelopment Plan and Tax Increment Financing Plan are intended and, in the judgement of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Redevelopment Plan and Tax Increment Financing Plan. 2 . 05 . The Council hereby finds, determines and declares that proposed Tax Increment Financing District No. 13 constitutes a "tax increment financing district" as defined in Minnesota Statutes, Section 469 . 174 and further that Tax Increment Financing District No. 13 constitutes a type of "redevelopment district" as defined in Minnesota Statutes, Section 469 .174, Subdivision 10 . 2 . 06 . The Council hereby finds, determines and declares that the proposed development or redevelopment in proposed Tax Increment Financing District No. 13, in the opinion of the Council, would not occur solely through private investment within 2 IL/s the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 2 . 07 . The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Redevelopment Plan, Tax Increment Financing Plan, and Exhibit A of this Resolution. Section 3 . Creation of Proposed Redevelopment Proiect No. 5 and Adoption of the proposed Redevelopment Plan. 3 . 01 . The creation of proposed Redevelopment Project No. 5 and the adoption of the proposed Redevelopment Plan relating thereto are hereby approved by the Council of the City of Eden Prairie. Section 4 . Creation of Proposed Tax Increment Financing District No. 13 and Adoption of the Proposed Tax Increment Financing Plan. 4 . 01 . The creation of proposed Tax Increment Financing District No. 13 within Redevelopment Project No. 5 and the adoption of the proposed Tax Increment Financing Plan relating thereto are hereby approved by the Council of the City of Eden Prairie. Section 5 . Election of City Contribution. 5 . 01. The Council hereby elects to make a qualifying local contribution equal to 5. 00% of the tax increment generated from Tax Increment Financing District No. 13, pursuant to 1995 Minnesota Laws, Chapter 264, Article 5, Section 6, subdivision 6 (d) , as amended by 1996 Minnesota Laws, Chapter 471, Article 7, Section 3 . Section 6 . Filing of Plans. 6 . 01. Upon approval and adoption of the Redevelopment Plan and Tax Increment Financing Plan (collectively the "Plans") , the City shall cause said Plans to be filed with the Minnesota Department of Revenue. Adopted by the Council of the City this 17th day of December, 1996 . The motion for the adoption of the foregoing resolution was duly seconded by Council Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: 3 ug Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the City Clerk. Mayor ATTEST: City Clerk CERTIFICATION I, , the duly qualified Clerk of the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. and passed by the City Council on the 17th day of December, 1996 . , City Clerk 4 EXHIBIT A TO RESOLUTION NO. The reasons and facts supporting the findings for the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 13 (the "TIF District") as required pursuant to Minnesota Statutes, Section 469 . 175, Subdivision 3, are as follows: 1. Finding that the proposed tax increment financing district is a "redevelopment district" as defined in Minnesota Statutes, Section 469 . 174, subdivision 10 . The TIF District consists of two parcels of land which qualify as a redevelopment district under Minnesota Statutes, Section 469 . 174, subdivision 10 . Each parcel contains a building which is "structurally substandard" as defined in the above cited Statute. Furthermore, it would cost more than 15% of the cost of constructing a new structure of the same square footage and type on the site to bring the existing buildings into compliance or to modify them to meet the building codes applicable to new buildings . 2 . Finding that the proposed development or redevelopment, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Due to the substantial costs for demolition, relocation, acquisition, rehabilitation, remediation and other public costs associated with this project, the project would not be financially feasible without City assistance. Additionally, the City has projected that the increase in market value resulting from the proposed development with tax increment assistance less the present value of the tax increment generated would be greater than the increase in market value resulting from development without tax increment assistance (see attached Schedule 1 to Exhibit A) . 3 . Finding that the TIF Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission, the Housing and Redevelopment Authority in and for the City, and the City Council of the City of Eden Prairie have reviewed the TIF Plan for the TIF District and have determined that the TIF Plan conforms to the comprehensive plan of the City. 4 . Finding that the TIF Plan for TIF District will afford maximum opportunity, consistent with the sound needs of the City as a whole for the development or redevelopment of Redevelopment Project No. 5 by private enterprise. 5 The project to be developed consists of the construction of a new Dayton' s department store, the relocation of the existing Sears department store to a new building, the construction of approximately 285, 000 additional square feet to the existing shopping center, the construction of a new 14 to 16 screen theater, the relocation and remodeling of a new food court with approximately 10 vendors and 700 seats, the construction of two full service restaurants, the construction of an approximate 80 foot by 185 foot ice rink with supporting facilities including approximately 500 seats, the overall renovation and upgrading of the mall, and the construction of approximately 5, 000 square feet for City use. Upon completion of the project, the City' s tax base will increase by approximately $71, 000, 000 . The rehabilitation of the Eden Prairie Center by private enterprise is consistent with City goals and needs and in particular those specified for Redevelopment Project No. 5 . 6 �u9 SCHEDULE 1 TO EXHIBIT A RESOLUTION NO. Without TIF Assistance: (1) the Sears department store would remain the same (ii) there would be no new Daytons department store (iii) The Mall stores would not be rehabilitated Increased Market Value Without TIF Assistance $15, 000, 000 With TIF Assistance: (i) the Sears department store would be relocated (ii) a Daytons department store would be constructed (iii) the Mall stores would be rehabilitated Increased Market Value with TIF Assistance $70, 922, 040 Less Present Value of Tax Increment (See Page II-D-4) $23 , 595 , 181 Net Increased Market Value with TIF Assistance $47,326, 859 1 - 1 1% F'KCJCN I VALUL ANALYbIb Period Tax Semi Annual Cumulative Ending Increment Balance Balance 06/01/96 0 0 0 12/01/96 - 0 0 0 06/01/97 0 0 0 12/01/97 0 0 0 06/01/98 0 0 0 12/01/98 0 0 0 06/01/99 156,732 122,804 122,804 12/01/99 156,732 116,956 239,760 06/01/2000 1,458,747 1,036,704 1,276,464 12/01/2000 1,458,747 987,337 2,263,801 06/01/2001 1,524,518 982,718 3,246,519 12/01/2001 1,524,518 935,922 4,182,441 06/01/2002 1,590,290 929,809 5,112,250 12/01/2002 1,590,290 885,533 5,997,783 06/01/2003 1,656,061 878,245 6,876,028 12/01/2003 1,656,061 836,423 7,712,451 06/01/2004 1,721,833 828,231 8,540,682 12/01/2004 1,721,833 788,791 9,329,474 06/01/2005 1,787,604 779,926 10,109,400 12/01/2005 1,787,604 742,787 10,852,186 06/01/2006 1,853,376 733,444 11,585,630 12/01/2006 1,853,376 698,518 12,284,148 06/01/2007 1,853,376 665,255 12,949,403 12/01/2007 1,853,376 633,576 13,582,979 06/01/2008 1,853,376 603,406 14,186,385 12/01/2008 1,853,376 574,672 14,761,058 06/01/2009 1,853,376 547,307 15,308,365 12/01/2009 1,853,376 521,245 15,829,609 06/01/2010 1,853,376 496,424 16,326,033 12/01/2010 1,853,376 472,784 16,798,817 06/01/2011 1,853,376 450,271 17,249,088 12/01/2011 1,853,376 428,829 17,677,918 06/01/2012 1,853,376 408,409 18,086,327 12/01/2012 1,853,376 388,961 18,475,287 06/01/2013 1,853,376 370,439 18,845,726 12/01/2013 1,853,376 352,799 19,198,525 06/01/2014 1,853,376 335,999 19,534,524 12/01/2014 1,853,376 319,999 19,854,523 06/01/2015 1,853,376 304,761 20,159,284 12/01/2015 1,853,376 290,249 20,449,533 06/01/2016 1,853,376 276,427 20,725,960 12/01/2016 1,853,376 263,264 20,989,224 06/01/2017 1,853,376 250,728 21,239,952 12/01/2017 1,853,376 238,788 21,478,740 06/01/2018 1,853,376 227,417 21,706,158 12/01/2018 1,853,376 216,588 21,922,746 06/01/2019 1,853,376 206,274 22,129,020 12/01/2019 1,853,376 196,452 22,325,472 06/01/2020 1,853,376 187,097 22,512,568 12/01/2020 1,853,376 178,187 22,690,756 06/01/2021 1,853,376 169,702 22,860,458 12/01/2021 1,853,376 161,621 23,022,079 06/01/2022 1,853,376 153,925 23,176,004 12/01/2022 1,853,376 146,595 23,322,600 06/01/2023 1,853,376 139,615 23,462,214 12/01/2023 1,853,376 132,966 23,595,181 86,513,101 23,595,181 23,595,181 1 - 2r EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-17-96 SECTION: PUBLIC HEARINGS \) ITEM NO. V a DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH 8TH ADDITION Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 2.3 acres and Zoning District Change from RM-6.5 to R1-13.5 on 2.3 acres; • Approve a Resolution for PUD Concept Amendment on 2.3 acres of the overall 420 acre Bearpath PUD; • Approve a Resolution for Preliminary Plat of 2.3 acres into six single family lots. Background: The Planning Commission unanimously recommended approval of the project at its November 25, 1996 meeting. The proponent held a neighborhood meeting prior to Planning Commission review. There was no opposition to the proposal. Supporting Reports: 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Commission Minutes dated 11-25-96 4. Staff Report dated 11-22-96 5. Correspondence I BEARPATH 8TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF BEARPATH 8TH ADDITION FOR RON CLARK CONSTRUCTION WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept Amendment of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Bearpath 8th Addition PUD Concept Amendment by Ron Clark Construction 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 December 17, 1996; NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Bearpath 8th Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated December 10, 1996. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated November 25, 1996. ADOPTED by the City Council of the City of Eden Prairie this 17th day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2. Bearpath 8th Addition Exhibit A Legal Description Lots 1, 2, & 3, Block 9, BEARPATH ADDITION, Hennepin County, Minnesota BEARPATH 8TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BEARPATH 8TH ADDITION FOR RON CLARK CONSTRUCTION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bearpath 8th Addition for Ron Clark Construction dated December 10, 1996, consisting of 2.3 acres into six single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of December, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk If APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 25, 1996 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road IV. PUBLIC HEARINGS A. BEARPATH 8TH ADDITION by Ron Clark Construction. Request for PUD Concept Amendment on 2.3 acres of the overall 420 acres Bearpath PUD,PUD District Review on 2.3 acres,Zoning District Change from RM- 6.5 to R1-13.5 on 2.3 acres, and Preliminary Plat of 2.3 acres into six single family lots. Location: East of Bearpath Trail South, west of Dell Road and south of Hennepin County Regional Rail Authority. Shaun Laftka of Ron Clark Construction,reviewed the development proposal with the Commission explaining the site plan and showing examples of the building architecture. He noted they have three sites that he would administratively subdivide into two unit townhomes. Looking closely at this site, he believes it would be better to subdivide this or plat it for six single family home sites. It would be similar to the Golf Villa site currently in Bearpath. This subdivision will minimize the tree loss and would create better character in this particular area. Each building would have separate driveways to each home and it would be three buildings. There are not a lot of areas for building placement under the current plat and he explained how they the buildings will be located. This will allow them to maneuver the buildings a little better between trees, deal with the grade easier, and create an overall unique product. Sandstad was concerned that many of the fire hydrants were obstructed by snow and suggested that the Homeowner's Association be made aware of this hazard. There are currently two fire hydrants located at each end of this site. They are adding one more fire hydrant back at the end of the common driveway. Franzen commented that this product is similar to the Bent Creek Cove project by Taurus Development which the Planning Commission reviewed a couple of months ago. That project represented the lifestyle choices that the developer felt was important for the market and this is the same for the Bearpath proposal. There are a number of different styles in Bearpath and staff believes this is not only healthy for Bearpath but healthy for the community to have a variety of different products. The density of the project is similar to what was approved. There are waivers that are required for this project but they are due more to the type of housing rather than the density. S Eden Prairie Planning Commission November 25, 1996 Staff recommends approval according to the conditions on page 3 and 4 of the Staff Report. Kardell asked if there was any concern about the fact that the homes are going to look so identical across the frontage street. Franzen replied they would be more concerned if all the lots were fronting Bearpath Trail. The public hearing was opened. Kardell commented she was pleased to see there is a great variety of houses being built in Bearpath and had no problem with the project. The waivers seem consistent with what's already been done and she supported the project. Habicht said the project has quality,and the waivers allow a different product to be built. He supported the project. Wissner stated she liked that the homes were a more staggered than the twinhome concept. The project is good and she supported it. Sandstad commented this looks much better than the original plan and supported the project. MOTION 1: Wissner moved, seconded by Kardell, to close the public hearing. Motion carried 7-0. MOTION 2: Wissner moved, seconded by Kardell, to recommend to the City Council approval of the request of Ron Clark Construction for PUD Concept Amendment on 2.3 acres of the overall 420 acres Bearpath PUD, PUD district Review on 2.3 acres, Zoning District Change from RM-6.5 to R1-13.5 on 2.3 acres, and Preliminary Plat of 2.3 acres into six single family lots based on plans dated November 22, 1996, and subject to the recommendations of the Staff Report dated November 22, 1996. Motion carried 7-0. 2 lP C STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: November 22, 1996 SUBJECT: Bearpath 8th Addition APPLICANT: Ron Clark Construction FEE OWNER: Ron Clark, R.E.C., Inc Sienna Corporation LOCATION: East of Bearpath Trail South,west of Dell Road, south of Henn. Co.Regional Light Rail Authority REQUEST: 1. PUD Concept Amendment on 2.3 acres to the overall 420 acre Bearpath PUD. 2. PUD District Review on 2.3 acres 3. Rezoning from RM- 6.5 to R1-13.5 on 2.3 acres. 4. Preliminary Plat of 2.3 acres into 6 single family lots. 1 "R7'. 'r''',FiEs-./64" . LAI. 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SE P ►1� 1 I \PII 'r."'" ::... .• I s to o: .,. ......... 1E • 30 21 CC y \ ... .-- li 1 • C Staff Report Bearpath 8th Addition November 22, 1996 BACKGROUND The Comprehensive Guide Plan depicts this property as Medium Density Residential, allowing densities between 2.5 and 10 units per acre. The site is part of a 45 acre area approved for twinhomes in the original 1992 Bearpath PUD. The site is zoned RM-6.5 for six twinhomes on three lots. Surrounding uses consist of twinhome lots along the west side of Bearpath Trail,the Hennepin County Trail Corridor to the north, Dell Road to the east, and a large wetland to the south. SITE PLAN/PRELIMINARY PLAT The proposal is to rezone the property from RM-6.5 to R1-13.5 and subdivide it into six single family lots. Site density is 2.6 units per acre which meets the Medium Density guiding of for the property, and matches the density of the existing approval. Lot sizes range between 12,547 sq. ft. and 21,201 sq. ft. Minimum lot size requires 13,500 sq. ft. The overall design of the project is similar to the previous approval in many respects. Each lot takes access from a shared private drive,and lot size and width is consistent with the previous plan. However, because the property is to be rezoned to a single-family zoning district,the following waivers will be necessary through the PUD: 1. Lot size-Minimum lot size in the R1-13.5 district requires 13,500 sq. ft. Lot 5 is proposed at 12,547 sq. ft. The lot sizes are similar to the previous approval, but did not require a waiver in the RM-6.5 district, where the minimum lot size is 6,500 sq. ft. In addition,other single family lots within the Bearpath development were granted lot size waivers to 11,000 sq. ft. 2. Lot width - Minimum lot width is 85 feet. Lots 2, 3, 4, and 5 vary in width from 62 feet to 75 feet. The lot widths are similar to the previous plan which met the Code for the RM-6.5 district. 3. Lots without a public road frontage- All roads within the Bearpath development are private, therefore no lots have a public road frontage. This is consistent with the previous plan. 4. Front yard and side yard setback - The request is for a 20 foot front yard setback for lot 6, and side yard setbacks totaling 20 feet on both sides for lots 4 and 5. Code requires a 30 foot front yard and a total of 25 feet for both sides. The proposal also includes a number of conifer plantings to help buffer the home on lot 6 from Bearpath Trail. Shifting the house to meet a 30 foot setback would require shifting all of the lots on the south side of the development, and increase tree loss. 5. Zero lot line setback for driveways - The proposal uses a shared driveway system similar to 2 q C Staff Report Bearpath 8th Addition November 22, 1996 the previous twinhome plan, where the RM-6.5 district permits the use of a zero setback for driveways. The waivers for this project may be reasonable since the same number of units are proposed. The waivers are needed to accommodate a different housing style and the single-family zoning district requirements, not the density of the project. Tree loss has been slightly reduced from the previous approved plan. A cross access, maintenance and use agreement is required over the main drive lane. GRADING AND DRAINAGE The site is relatively flat,with grading limited to building pad and driveway locations. A wetland delineation was completed during the original approval, with the wetlands platted into outlots. An existing conservation easement borders the south end of the property. No grading is proposed within this area. The overall Bearpath PUD was approved with 32.4%tree loss. The tree loss on this specific site was 43%. Tree loss for the proposed single-family development is 42%, consistent with the previous plan. Tree replacement for the property was included in the overall tree replacement plan for the entire Bearpath PUD. Part of that plan includes boulevard trees and conifers along Bearpath Trail. The proponent will be adding ten more evergreens along the east side of the property for added buffering. UTILITIES Sanitary sewer and water are available to the site from an existing water line, and proposed sanitary sewer line withing the shared drive lane. ARCHITECTURE The single-family homes will be lookout and walkout designs constructed of Cedar siding. RECOMMENDATIONS Staff would recommend approval of the PUD Concept Amendment on 2.3 acres to the overall 420 acre Bearpath PUD, PUD District Review on 2.3 acres, Rezoning from RM- 6.5 to R1-13.5 on 2.3 acres, and Preliminary Plat of 2.3 acres into 6 single family lots, based on plans dated November 18, 1996,this Staff Report, and the following: IU Staff Report Bearpath 8th Addition November 22, 1996 1. Prior to release of the final plat,the proponent shall provide a cross access,maintenance and use agreement for review for the shared private drive to be recorded with the final plat at Hennepin County. 2. Prior to grading permit, or building permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility,and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control on the property, as well as tree protection fencing at the drip line of all trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to each building permit issuance, the proponent shall: A. Submit detailed Certificates of Survey for each lot depicting existing and proposed grades, location of all existing trees and trees to be removed, house and driveway locations, and the location of tree protection fencing. B. Pay the Cash Park Fee. 4. The following waivers have been granted through the PUD District Review for the Property as follows: 1. Lot size of less than 13,500 sq. ft. for lot 5. 2. Lots without a public road frontage. 3. Lot width of less than 85 feet for lots 2, 3, 4, and 5. 4. Front yard setback of 20 feet for lot 6, and side yard setback of 10 feet for both sides • for lots 4 and 5. Code requires a minimum of 10 feet on one side, a total of 25 feet for both sides. 5. Zero lot line setback for the drive lane. 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"—II F.-A-- y•c...,"3 ‘ 44 ti-7......r lj_r^-i 45 . - • . .., • . .. .. . - ,. • - -. . . ownhouses. y - • . . . • . - ... - - • • 1. .,,1 n n: rr-7-7 \ ,,,-. .,,,,,• , .,,:,,:- • .. ... ......... .., .. . .. k , ,, '.76/ ''',11-", �' f _..._ . . iir fi / t 1 ._... v - ..._ .__.-__._... � 5 - ' dais.. _.......-___._... _ / .."/ --. . - " - -- -- .r �-. � -- Coz....61-7/.._ 4. ,,,,,,--7 5,,--- ad . -2," . /6„,, CA A. ,,.0,-- ,,,--.7,„,- ,c,,,, vic, `f 1 / 13 RonClark November 15, 1996 CONSTRUCTION Mr.Scott Kipp 7500 West 78th Street Edina,Minnesota City of Eden Prairie 55439 8080 Mitchell Road Eden Prairie, MN 55344 (612)947-3000 fax(612)947-3030 RE: PUD Amendment-Zoning request change Lots 1,2, 3, Block 9, Bearpath to Lots 1,2,3,4,5,6 Block 1, Bearpath 8th Addition 751 — IO Dear Scott, Members of the City Staff,and Planning Commission: At Ron Clark Construction our philosophy as we approach custom design,no matter it be a Townhome,Twinhome, or Single Family residence, is to allow the home design to be driven by the features of the land. Given this directive we respectfully submit our"Cottage Home"concept. We are requesting a PUD amendment to change the zoning of Lots 1,2,3 Block 9, Bearpath,from a multifamily dwelling category to a single unit dwelling category. We feel a detached home concept will better suit the site constraints and irregularities versus the current Twinhome platting. The detached home concept simply allows for the development of the site to minimize the total tree loss. The standard cottage footprint including a three stall garage is 2,600 SF, versus the standard 2,900 SF twinhome unit. The net effect is a 600 square foot savings of hard cover per lot, (2 units per lot - saving 300 SF each), with the Cottage plat. As you have requested we have revised the preliminary plat/narrative/and proposal as follows: • Indicate platting of all six lots, Bearpath 8th Addition • The access drive is placed within an easement for ingress and egress See attached Easement Agreement for lots 1,2,3,4,5. • Provided a"hammerhead"type fire turnaround with a 30' cul de sac • Indicated mainline sanitary sewer within main drive for individual services to each site • Provided a fire hydrant at cul-de-sac end • Propose rezoning from RM-6.5 to R1-13.5 with waivers for: lot sizes less than 13,500 sq. ft. lots without public road frontage structure setbacks zero lot line driveways Note, the waivers we request at this time have historical precedence already found within the Golf Villa portion of Bearpath. On November 13, 1996, we held a Bearpath Homeowner's Association meeting at which there was zero attendance. I have meet with some of our adjacent landowners to this site and have received nothing but favorable comments with respect to the new platting. If you should have any more questions please don't hesitate to call. I look forward to an expeditious Planning Commission approval. Respectfully Shaun T. O'Laughlin Architect, Project Manager-Ron Clark Construction cc: Ron Clark- R.E.C., Inc. Cindy Volkan- R.E.C., Inc. John Vogelbacher- Bearpath encl. Construction and Design MN Builder License#0001220 fhttp://www.RonClark.com LI y 0#4, II[ARPATH go I l it II 11 r U II 11 I r 1) I I II I, November 15, 1996 Mr. Scott Kipp City of Eden Prairie 8080 Mitchell Road Eden Prairie MN 55346 Re: Neighborhood Meeting ReplattiRezoning Bearpath Twinhomes Dear Scott, On November 13 we held a neighborhood meeting regarding the above issue. All lot and home owners south of the LRT Trail were sent an invitation as well as the first two single family owners north of the trail. The mailing included a site plan and building elevations of the proposed change in land use. A copy of the invitation is enclosed for your file. No residents or lot owners attended the meeting. We also have not received any phone calls from owners that objected to this proposal. The only phone call received was from resident Mark Ness, who supported the proposal due to the reduced tree loss and the architectural diversity resulting from the proposal. Please feel free to call me if you have any questions. Sincerely, 1 71,44/(4A. John Vogelb4cher Executive Vice President JV/sgk l 1, r I r , 4 I I I. ,I r u I) r a i r AI \ r .i S I 1 I II I ' .1 1 i II I) I) 1) 1 , p u r n I , O I l i r ,_ I i L , n q I I r i V ``� I �I i n n r .t p u I I • "I N I ) I 1) I ) - �A { _� ) ti O 044 44,7 ..___ =_- ,, „,.,,,,•,.,„ ,„ , ,,,z.„:„,.... __, p_,Allpmll 11 O I f it n A r O n O ) 1' 11 1 I II 11 • October 24, 1996 Mr. Scott Kipp City of Eden Prairie 8080 Mitchell Road Eden Prairie, 1v11V 55344 RE: Zoning request change Lots 1-3 Block 9, Bearpath Dear Scott, The Bearpath Architectural Review Committee (BARC) has reviewed the request from Ron Clark Construction to change the above lots from three attached twinhome sites to six single family homes. The BARC approved this plan and encourages the city to grant their approval of this request. The BARC will sponsor a neighborhood meeting regarding this request on November 11th. Also a Bearpath representative will also be available at the public hearings to answer any questions directed to the BARC and or the developer. Please feel free to contact me if you may have any questions. Sincerely, B rpath Architectural Review Committee ri ret* 7,61441,4 --' ohn Vogelbache cc: Maggie Pierce Bearpath Limited Partners 1 1 (i II II I, i „ ❑ , , , I ,. ,, , ! I I, ,! , n 1> , ., i r i , "IN i .i .I I 1 1 I. I ' II I 3 11 11 U I) 1 „ , p „ , ,, I O I I i , I -/ o1 111 \' i L, m y I) r , I 'ul i n n r , p „ l i "I N ., i I I i 1 li I ! - S I i ! ,s 11 s lcD DATE: 12/17/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V, SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Vacation 96-10 Engineering Division Vacation of Drainage and Utility Easements within Lots 14 and 15, Block 15, David Olson Bearpath Second Addition (Published 11/28/96) Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the drainage and utility easements within Lots 14 and 15, Block 15, Bearpath Second Addition. Overview: The property owner has requested the vacation of the underlying drainage and utility easements within the referenced lots to enable the combination and replatting of the property. The applicant has purchased both lots, intends to construct a single family home and replat the two lots into one. The replat will include the dedication of replacement drainage and utility easements. Supporting Information: Vacation drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOTS 14 AND 15, BLOCK 5 BEARPATH SECOND ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements as platted within Lots 14 and 15, Block 5, Bearpath Second Addition, Hennepin County, Minnesota WHEREAS, a public hearing was held on December 17, 1996, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described as hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 17, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2- Cck4r Gt1 rile/ FILE q - j23 CITY OF EDEN PRAIRIE 8080 MITCHELLROAD EDEN PRAIRIE, MN 55344 ATTN: Sharon Sullivan-Alvord Please complete the first half of this form. PUBLIC RIGHT-OF-WAY OR EASEMENT VACATION APPLICATION PLEASE CHECK: TORRENS ABSTRACT FEE OF $200.00 DATE: 11/J8 RECEIPT: tes,_,3 1. I hereby petition the Council of Eden Prairie to vacate the following: Right-of-Way Utility FFtement �� Drainage Easement V Other (Describe) Car 4hir 4('v9 / i+ jr)d ore. jO+ Legal description, PIN# and location of area proposed to be vacated: i ali drtiIYI6 '4 GiTi`i+7e e 1441- h*5 Gfs la 1t f-ed on L"5 1l' Attach copies of scaled drawings showing in full detail proposed vacation. Name 15,6 lgth d(,, Address 1I147 bilder7> 1-4ii s H*P-►a 114135.2. Street erAtrve, n 55344- City, State & Zip Code Telephone Number: Co) g4j-1o86, ***************************************************************************** 2. Approval Granted: Minnegasco: Acceptable Opposed Conditional Describe U.S. West: Acceptable Opposed Conditional Describe Northern States Power Company: Acceptable Opposed Conditional Describe Paragon Cable: Acceptable Opposed Conditional Describe 3. Publication Date of Eden Prairie News: j,C 4. Notification to Adjacent Properties: /Z /z/94c, 5. Public Hearing Date: /2-f 9-9 C 6. Resolution Number: 7. Council Action: 8. Notice of Completion: 9. Recording Number and Date: • $ CY w5,69 497 17 1 ' .� \ r 'i 41. J / • ! 7 /• 6 oLoz�^ • dij eh, / /vN a I •�y__^`\ `'fit ' I e w • G006 -•� o i1�,_ 3' r 11 AI 1 _�4 /j�.f I/ SI/V3 f ` �V�/' ' }�ce 9'•'' x3005/ 11 s 1 Z ' iv 1 _ 1 1 - t (� 3s / y r 41E 7T�0 ` • 1 u f. C i I `` ` ,f A`i-i� �•��' \,,��d, -3B\t. __�i 1 m a_o_ "1o.N N/2.�.2g �_ •: �.j 6r 4`c4'. '�._ .i aA I I N wI \--1 %. 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Finance Payment of Claims VI Checks No. 48112 thru 48475 Action/Direction: Approve payment of claims. COUNCIL CHECK SUMMARY THU, DEC 12, 1996, 9:57 AM DIVISION TOTAL N/A $9,525.03 LEGISLATIVE $3,514.14 LEGAL COUNSEL $47,372.78 GENERAL SERVICES $61,568.75 EMPLOYEE BENEFITS $6,154.21 CITY MANAGER $353.74 FINANCE $265.44 HUMAN RESOURCES $2,835.14 COMMUNITY INFORMATION $11,699.00 ELECTIONS $614.64 ENGINEERING $187.42 INSPECTIONS $305.29 FACILITIES $2,929.59 POLICE $31,112.95 FIRE $3,366.58 ANIMAL CONTROL $94.23 STREETS & TRAFFIC $22,873.11 PARK MAINTENANCE $16,478.09 STREET LIGHTING $314.00 FLEET SERVICES $27,292.02 ORGANIZED ATHLETICS $3,545.32 COMMUNITY DEV $335.90 COMMUNITY CENTER $25,262.93 BEACHES $127.25 YOUTH RECREATION $2,916.60 ADULT RECREATION $1,587.90 ADAPTIVE REC $60.00 OAK POINT POOL $248.50 PUBLIC IMPROV PROJ $289,725.43 SPECIAL ASSESSMENTS $230,857.77 CITY CENTER $200.00 SW METRO TRANSIT $87.06 SPECIAL REVENUE FUNDS $64.33 PRAIRIE VILLAGE $69,876.87 PRAIRIEVIEW $128,993.63 PRESERVE $37,624.86 TRUST FUNDS $626.79 WATER DEPT $175,215.29 SEWER DEPT $208,288.98 STORM DRAINAGE $19,144.92 AGENCY FUNDS $2,335.01 $1,445,981.49* COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48113 $127.79 BURGER BROTHERS PROTECTIVE CLOTHING STORM DRAINAGE 48114 $9,334.04 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE 48115 $750.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 48117 $100.00 PETTY CASH PETTY CASH FD 10 ORG 48118 $2,550.00 US POSTMASTER POSTAGE COMMUNITY SERVICES 48120 $85,154.89 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 48122 $582.38 THOMAS ROTHERHAM CONFERENCE IN SERVICE TRAINING 48124 $176.78 JEAN L HARRIS CONFERENCE IN SERVICE TRAINING 48125 $405.60 THOMAS ROTHERHAM ACCTS REC-CUSTOMER WATER DEPT 48127 $499.24 AT&T TELEPHONE WATER UTILITY-GEN 48128 $20.53 BILL WYFFELS INVESTIGATION TRAVEL POLICE 48129 $64.00 CITY BUSINESS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 48130 $78.12 JEFF ELWELL USE OF PERSONAL AUTO EPCC MAINTENANCE 48131 $155.00 MAGC ATTN SHARI MOORE CONFERENCE IN SERVICE TRAINING 48132 $30.00 MARC THIELMAN MEETING EXPENSES IN SERVICE TRAINING 48133 $11,799.56 MINNEGASCO GAS WATER TREATMENT PLANT 48135 $15.00 MN BOARD OF PEACE OFFICER STAN LICENSES & TAXES POLICE 48136 $225.00 MN RURAL WATER ASSOC SCHOOLS WATER SYSTEM MAINT 48137 $14.14 PATRICIA PIDCOCK USE OF PERSONAL AUTO COUNCIL 48138 $70.00 SENSIBLE LAND USE COALITION MEETING EXPENSES IN SERVICE TRAINING 48139 $314.95 US WEST COMMUNICATIONS TELEPHONE GENERAL 48140 $5,440.41 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GEN 48142 $713.58 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG 48143 $150.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 48144 $7,950.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 48145 $25,423.35 HEALTH PARTNERS COBRA COSTS/REV BENEFITS 48146 $545.55 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 48147 $4,356.36 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 48148 $59,927.90 MEDICA CHOICE COBRA COSTS/REV BENEFITS 48149 $332.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 48150 $1,962.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 48151 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 48152 $43,199.79 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 48153 $273.00 PUBLIC EMPLOYEES RETIREMENT LIFE INSURANCE W/H FD 10 ORG 48154 $182.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 48156 $200.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 48157 $545.99 BOYER TRUCK PARTS EQUIPMENT PARTS EQUIPMENT MAINT 48158 $244.59 CARD SERVICES-BUSINESS CARD CONFERENCE IN SERVICE TRAINING 48159 $1,160.00 CARGILL SALT SALT SNOW & ICE CONTROL 48160 $49.00 CAROL NICHOLSON LESSONS/CLASSES OAK POINT LESSONS 48161 $4,500.00 CORNERSTONE PROFESSIONAL SERVICES COMMUNITY SERVICES 48162 $708.00 DEREK PETERSON WAGES CONTRACTED FIRE 48163 $843.40 FERRELLGAS MOTOR FUELS ICE ARENA 48165 $605.50 FINLEY BROS INC OPERATING SUPPLIES-GENERAL RILEY LAKE 48166 $200.00 HENNEPIN COUNTY ENVIRONMENTAL CITY BUILDING RENTAL CITY CENTER OPERATING COSTS 48167 $15.00 JEFF ELWELL REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48168 $17.00 KAREN BROWN LESSONS/CLASSES ICE ARENA 48169 $13.90 MARC THIELMAN OPERATING SUPPLIES-GENERAL GENERAL BLDG FACILITIES 48170 $992.37 MENARDS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48172 $207,811.00 METROPOLITIAN COUNCIL WASTEWAT WASTE DISPOSAL SEWER UTILITY-GEN 48173 $4,465.00 MINNEGASCO GAS MILLER PK K32 48174 $220.00 MTFG CONFERENCE CONFERENCE IN SERVICE TRAINING 48175 $11.13 PARAGON CABLE CABLE TV GENERAL 48176 $112.50 PAYGO-GENERAL AMERICAN CREDITS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 48177 $2,363.11 RDO EQUIPMENT CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINT COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48178 $31.15 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48179 $57.98 SALLY A NELSON CLOTHING & UNIFORMS POLICE 48180 $20.00 STATE TREASURER OPERATING SUPPLIES-GENERAL INSPECTION-ADM 48181 $33.33 TAMMY KURTH LESSONS/CLASSES ICE ARENA 48182 $6,720.50 UNITED PROPERTIES REPAIR & MAINT SUPPLIES PRAIRE VIEW LIQUOR #3 48183 $625.00 WEST SUBURBAN COLUMBUS CREDIT PROFESSIONAL SERVICES COMMUNITY SERVICES 48185 $1,105.96 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 48186 $5,401.17 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 48187 $45,455.29 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 48188 $43,324.98 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 48190 $1,604.05 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 48192 $29,313.72 PHILLIPS WINE AND SPIRTS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 48194 $9,901.39 PRIOR WINE COMPANY MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 48196 $18,021.14 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 48198 $995.30 THE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 48199 $597.00 VINTAGE ONE WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 48200 $1,872.73 WORLD CLASS WINES INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 48202 $52.00 BELLBOY CORPORATION BEER 6/12 PRAIRE VIEW LIQUOR #3 48203 $10,262.75 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48204 $17,550.15 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48205 $21.78 GRIGGS COOPER & CO BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48206 $124.00 JOHNSON BROTHERS LIQUOR CO BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48207 $13,324.35 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48208 $824.60 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 48209 $272.35 PEPSI COLA COMPANY MISC TAXABLE PRESERVE LIQUOR #2 48210 $38.00 PHILLIPS WINE AND SPIRTS INC BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48211 $20,746.25 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 48213 $14.33 ANGELICA DEIBEL ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48214 $7.00 BARB LUSKIN ADULT/YOUTH/OUTDOOR CTR PROG ADAPTIVE RECREATION 48215 $5.00 BONNIE MILLER SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 48216 $26.00 CARMENT HAMILTON ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48217 $50.00 CHARMAINE SANDERS ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48218 $21.00 CINDY HOAGLUND ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 48219 $26.00 DAVE GUZZI ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48220 $22.00 DEBORAH BRAGEN ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48221 $15.33 DEBRA KNUTSON ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48222 $13.67 DENNIS TULLY LESSONS/CLASSES ICE ARENA 48223 $48.00 ELLEN PARADY ADULT/YOUTH/OUTDOOR CTR PROG KIDS KORNER 48224 $8.67 JANE STAPLES ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48225 $10.00 JANET OST LESSONS/CLASSES ICE ARENA 48226 $49.00 KAREN TRUDEAU LESSONS/CLASSES OAK POINT LESSONS 48227 $28.00 KATHY WALTER ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48228 $49.00 KATIE TRENT LESSONS/CLASSES POOL LESSONS 48229 $73.50 LISA LUNDE LESSONS/CLASSES POOL LESSONS 48230 $49.00 MARCY ENGEBRETSON LESSONS/CLASSES OAK POINT LESSONS 48231 $5.00 MARIAN SORENSON SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 48232 $8.00 MARY HART SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 48233 $9.50 MAVIS SAUNDERS SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 48234 $28.00 MICHELLE LAMB LESSONS/CLASSES OAK POINT LESSONS 48235 $28.00 NYLA ANDRUSS LESSONS/CLASSES POOL LESSONS 48236 $9.50 OPEL WIEGELT SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 48237 $24.50 PAM GUTTMAN LESSONS/CLASSES OAK POINT LESSONS 48238 $2.00 PATRICIA HARRIS SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 48239 $50.00 ROBIN JOHNSON LESSONS/CLASSES ICE ARENA 48240 $4.17 ROSETTI VAASSEN LESSONS/CLASSES ICE ARENA q COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48241 $28.00 SIMON LEWIS ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 48242 $171.43 SUONG TRAN FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 48243 $15.00 SUSAN KAZMAR LESSONS/CLASSES ICE ARENA 48244 $3.50 TERESA DELANDER LESSONS/CLASSES POOL LESSONS 48245 $28.00 TERESA HOFFMAN LESSONS/CLASSES POOL LESSONS 48246 $100.00 TERRY HAMMER LESSONS/CLASSES ICE ARENA 48248 $250.00 JERRY FRASIER EMPLOYEE AWARD HUMAN RESOURCES 48249 $50.00 OLD COUNTRY BUFFET EMPLOYEE AWARD HUMAN RESOURCES 48251 $144.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 48252 $53.20 ANOKA-HENNEPIN SCHOOL DIST 11 OPERATING SUPPLIES-GENERAL SPORTS/SPECIAL CAMPS 48253 $120.00 BRUCE HUTCHINS OPERATING SUPPLIES-GENERAL INSPECTION-ADM 48254 $266.24 CIRCUIT CITY OFFICE EQUIPMENT OUTDOOR CTR PROGRAM 48255 $175.98 CLIFF CRACAUER USE OF PERSONAL AUTO EQUIPMENT MAINT 48256 $59.00 COMMAND SPANISH INC TRAINING SUPPLIES POLICE 48257 $57.12 CYNTHIA LANENBERG USE OF PERSONAL AUTO FIRE 48258 $13.40 DAVID LINDAHL USE OF PERSONAL AUTO COMMUNITY DEVELOPMENT 48259 $38.63 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 48260 $298.19 JACK SCHEPERS EQUIPMENT UNDER $400 PRAIRE VIEW LIQUOR #3 48261 $142.14 JOHN CONLEY CLOTHING & UNIFORMS POLICE 48262 $118.13 LAMETTRYS COLLISION CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48263 $270.00 MARY FREY OTHER CONTRACTED SERVICES VOLLEYBALL 48264 $23.52 MICHAEL W JACQUES USE OF PERSONAL AUTO PRESERVE LIQUOR #2 48265 $518.50 MINNESOTA VALLEY WHOLESALE ELECTRIC BEARPATH LIFT STATION 48266 $40.00 MPELRA - R CHMIELEWSKI CONFERENCE IN SERVICE TRAINING 48267 $9.85 ROAD RESCUE INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48268 $38.00 SANDY WERTS USE OF PERSONAL AUTO REC SUPERVISOR 48269 $926.00 SCOTT OBERLANDER WAGES CONTRACTED FIRE 48270 $126.26 SEARS OPERATING SUPPLIES-GENERAL PARK MAINT 48271 $20.00 STATE TREASURER LICENSES & TAXES INSPECTION-ADM 48272 $5,468.99 SUPPLEES 7 HI ENTERPRISES INC BLDG RENTAL PRESERVE LIQUOR #2 48273 $53.00 TRIA MANN USE OF PERSONAL AUTO ADAPTIVE RECREATION 48274 $4,375.00 URBAN WILDLIFE MANAGEMENT INC OTHER CONTRACTED SERVICES DEER CONSULTANT 48275 $1,936.44 US WEST COMMUNICATIONS TELEPHONE POLICE 48277 $625.00 WEST SUBURBAN MEDIATION CENTER PROFESSIONAL SERVICES COMMUNITY SERVICES 48279 $35.00 HENNEPIN COUNTY - SURVEY DIVIS RECORDING DOCUMENT FEE ENGINEERING DEPT 48280 $30.00 JIM RICHARDSON OFFICE SUPPLIES GENERAL 48281 $46.75 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48283 $340.80 ABM EQUIPMENT AND SUPPLY COMPA OTHER CONTRACTED SERVICES TRAFFIC SIGNALING 48284 $31.95 ACOUSTICAL CONCEPTS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48285 $293.16 AIRLIFT DOORS INC. REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48286 $353.74 ALPHA VIDEO AND AUDIO INC OFFICE EQUIPMENT CITY MANAGER 48287 $280.60 AMERICAN LIBERTY CONSTRUCTION DEPOSITS ESCROW 48288 $206.00 AMERICAN LINEN SUPPLY COMPANY OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 48289 $496.83 AMERICAN RED CROSS REC EQUIP & SUPPLIES POOL LESSONS 48290 $26.63 AMERIDATA INC OPERATING SUPPLIES-GENERAL PARK MAINT 48291 $1,991.83 ANCHOR PAPER COMPANY OFFICE SUPPLIES POLICE 48292 $567.30 AQUA CITY PLUMBING AND HEATING CONTRACTED EQUIP REPAIR WATER WELL #12 48293 $165.18 ARMOR SECURITY INC CONTRACTED REPAIR & MAINT OUTDOOR CTR-STARING LAKE 48294 $666.70 ASPEN REACH EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINT 48295 $9,519.00 ASPHALT SURFACE TECHNOLOGIES C SEAL COATING CONTRACTED STREET MAINT 48296 $75.00 ASSOCIATION OF METRO MUNICIPAL MEETING EXPENSES IN SERVICE TRAINING 48297 $13.69 ASTLEFORD EQUIPMENT COMPANY IN EQUIPMENT PARTS EQUIPMENT MAINT 48298 $10,495.59 B & F DISTRIBUTING MOTOR FUELS EQUIPMENT MAINT 48299 $398.73 B & S TOOLS EQUIPMENT PARTS WATER SYSTEM MAINT 48300 $1,337.92 BAUER BUILT TIRE AND BATTERY TIRES EQUIPMENT MAINT 4 COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48301 $1,040.02 BELLBOY CORPORATION TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 48302 $419.43 BEST BUY CO INC SOFTWARE STREET MAINT 48303 $35.00 BETH AND MORLEY BURNETT REPAIR & MAINT SUPPLIES ICE ARENA 48304 $1,114.00 BETH NILSSON INSTRUCTOR SERVICE ICE ARENA 48305 $8,056.19 BRAUN INTERTEC CORPORATION DESIGN & CONST 10 MGD WATER PLANT EXPANSION 48306 $97.00 BRENDA JERDE OTHER CONTRACTED SERVICES SPECIAL EVENTS 48307 $341.42 BROADWAY AWARDS AWARDS EPAA DINNER 48308 $3,572.15 BRW INC PROFESSIONAL SERVICES DELL ROAD 48309 $392.87 C S MCCROSSAN CONSTRUCTON DEPOSITS ESCROW 48310 $934.36 CAMAS-SHIELY DIVISION GRAVEL STREET MAINT 48311 $2,435.65 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE 48312 $8,751.42 CARGILL SALT SALT SNOW & ICE CONTROL 48313 $844.72 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINT 48314 $358.80 CENTRAIRE INC OTHER CONTRACTED SERVICES OUTDOOR CTR-STARING LAKE 48315 $563.33 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINT 48316 $22.39 CHANHASSEN LAWN AND SPORTS EQUIPMENT PARTS WATER SYSTEM MAINT 48317 $70.00 CO 2 SERVICES CHEMICALS POOL MAINTENANCE 48318 $267.14 CREATIVE CRAFTS INTERNATIONAL OPERATING SUPPLIES-GENERAL ACTIVITY CAMP 48319 $32.75 CROWN MARKING INC OFFICE SUPPLIES GENERAL 48320 $58.15 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 48321 $776.83 DANKO EMERGENCY EQUIPMENT CO OPERATING SUPPLIES-GENERAL INSPECTION-ADM 48322 $19.01 DELEGARD TOOL CO SMALL TOOLS EQUIPMENT MAINT 48323 $147.60 DONS SOD SERVICE REPAIR & MAINT SUPPLIES STORM DRAINAGE 48324 $2,092.73 EARL F ANDERSON REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT 48325 $369.25 EASTMAN KODAK CO CONTRACTED REPAIR & MAINT GENERAL 48326 $17.00 EDEN PRAIRIE CHAMBER OF COMMER MEETING EXPENSES IN SERVICE TRAINING 48327 $10.00 EDEN PRAIRIE CLEANERS-REGAL CL PROFESSIONAL SERVICES POLICE 48328 $77.78 EDEN PRAIRIE FORD EQUIPMENT PARTS EQUIPMENT MAINT 48329 $1,079.30 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL FALL SKILL DEVELOP 48330 $7,517.03 F F JEDLICKI INC CONTRACTED REPAIR & MAINT STORM DRAINAGE 48331 $15.95 FARM SHOW DUES & SUBSCRIPTIONS FD 10 ORG 48332 $590.31 FEED-RITE CONTROLS INC CHEMICALS POOL MAINTENANCE 48333 $656.78 FINLEY BROS INC BUILDING MATERIALS MILLER PARK 48334 $1,263.93 FISCHER AGGREGATES INC SAND SNOW & ICE CONTROL 48335 $61.20 FITNESS WHOLESALE OPERATING SUPPLIES-GENERAL FITNESS CLASSES 48336 $86.27 FLOYD TOTAL SECURITY CONTRACTED REPAIR & MAINT CUMMINS/GRILL 48337 $77.74 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES POLICE 48338 $720.00 FOCUSED TRAINING SYSTEMS INC PROFESSIONAL SERVICES WATER TREATMENT PLANT 48339 $140.36 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS STREET MAINT 48340 $1,235.14 G & K SERVICES-MPLS INDUSTRIAL EQUIPMENT RENTAL PARK MAINT 48341 $3,981.00 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 48342 $756.00 GERALD J BARTZ OTHER CONTRACTED SERVICES TOUCH FOOTBALL 48343 $77.36 GERALD L BOHN USE OF PERSONAL AUTO FIRE 48344 $71.68 GINA MARIAS INC MEETING EXPENSES POLICE 48345 $2,419.52 GOODYEAR COMMERCIAL TIRE & SER TIRES EQUIPMENT MAINT 48346 $206.05 GROVE NURSERY CENTER LANDSCAPE MTLS & AG SUPPL TREE DISEASE 48347 $101.22 GUNNAR ELECTRIC CO INC BLDG REPAIR & MAINT HOMEWARD HILLS PARK 48348 $590.00 HACH COMPANY OTHER EQUIPMENT WATER TREATMENT PLANT 48349 $400.00 HANSEN THORP PELLINEN OLSON DESIGN & CONST TOWNLINE 48350 $152,298.94 HARDRIVES INC IMPROVEMENT CONTRACTS SCENIC HEIGHTS ROAD 48351 $232.25 HAWK LABELING SYSTEMS OPERATING SUPPLIES-GENERAL RILEY LAKE-BEACH 48352 $295.60 HAYMAKER CONSTRUCTION DEPOSITS ESCROW 48353 $40.00 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE 1994 REHAB 55041 48354 $6,811.95 HENNEPIN COUNTY SHERIFF CONTRACTED REPAIR & MAINT POLICE 48355 $949.29 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48356 $614.64 HENNEPIN COUNTY TREASURER-TAXP POSTAGE ELECTION 48357 $35.69 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINT 48358 $11,189.17 HENNEPIN CTY TREASURER ATTN D IMPROVEMENT CONTRACTS UNALLOCATED COSTS 48359 $281.90 HICKS CONCRETE DEPOSITS ESCROW 48360 $470.00 HONEYWELL INC OTHER CONTRACTED SERVICES PRESERVE LIQUOR #2 48361 $3,399.00 HORIZONGRAPHICS PRINTING COMMUNITY SERVICES 48362 $800.00 IACP DUES & SUBSCRIPTIONS FD 10 ORG 48363 $369.85 J & A HANDY-CRAFTS INC OPERATING SUPPLIES-GENERAL ACTIVITY CAMP 48364 $273.94 J CRAFT INC EQUIPMENT PARTS EQUIPMENT MAINT 48365 $754.22 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 48366 $204.00 JOAN STRASBURG OTHER CONTRACTED SERVICES BASKETBALL 48367 $180.00 JOHN LYNCH OTHER CONTRACTED SERVICES BASKETBALL 48368 $584.00 JOSH HENDERSON OTHER CONTRACTED SERVICES SOFTBALL 48369 $94.23 KEN ANDERSON TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 48370 $4,518.03 KNOX BUILDING MATERIALS BUILDING MATERIALS MILLER PARK 48371 $363.05 KOSS BUILDING MATERIALS MILLER PARK 48372 $129.75 KRAEMERS HARDWARE INC EQUIPMENT PARTS WATER SYSTEM MAINT 48373 $104.00 L-Z TRUCK EQUIPMENT CO INC EQUIPMENT PARTS EQUIPMENT MAINT 48374 $88.11 LAB SAFETY SUPPLY INC TRAINING SUPPLIES SAFETY 48375 $95.00 LAGERQUIST CORP CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 48376 $1,063.84 LAKE REGION VENDING TOBACCO PRODUCTS PRESERVE LIQUOR #2 48377 $136.91 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINT 48378 $64,271.11 LAKELAND INC IMPROVEMENT CONTRACTS MARKETCENTER STREETSCAPE 48379 $68,994.19 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE TEMAN PROPERTY 48380 $48,624.58 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 48381 $314.00 LITTLE FALLS MACHINE INC EQUIPMENT PARTS EQUIPMENT MAINT 48382 $85.57 LONG LAKE TRACTOR & EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINT 48383 $1,429.70 MASYS CORPORATION PREPAID EXPENSES FD 10 ORG 48384 $44.73 MAXI-PRINT INC PRINTING POLICE 48385 $197.00 MEDICINE LAKE LINES TRANSPORTATION ADULT PROGRAM 48386 $194.28 MERLINS ACE HARDWARE SMALL TOOLS PARK MAINT 48387 $200.00 MERSC PREPAID EXPENSES FD 10 ORG 48388 $125.00 METRO AREA PROMOTIONS CO INC ADVERTISING PRAIRE VIEW LIQUOR #3 48389 $3,213.11 METRO SALES INCORPORATED CONTRACTED REPAIR & MAINT GENERAL 48390 $4,499.00 METROPOLITIAN MECHANICAL CONTR REPAIR & MAINT SUPPLIES ICE ARENA 48391 $95.91 METROTURF INC REPAIR & MAINT SUPPLIES PARK MAINT 48392 $5,510.56 MICHAEL J WILKUS ARCHITECTS IN BUILDING CUB FOOD STORE CONSTRUCTION 48393 $67.55 MID AMERICA POWER DRIVES EQUIPMENT PARTS EQUIPMENT MAINT 48394 $102.12 MIDLAND EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINT 48395 $71.61 MIDWEST ASPHALT CORPORATION PATCHING ASPHALT STREET MAINT 48396 $1,171.40 MIDWEST COCA COLA BOTTLING COM MERCHANDISE FOR RESALE CONCESSIONS 48397 $44.46 MINNCOMM PAGING COMMUNICATIONS INSPECTION-ADM 48398 $265.44 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES FINANCE DEPT 48399 $101.81 MINNESOTA CONWAY BLDG REPAIR & MAINT PARK MAINT 48400 $150.30 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADVERTISING HUMAN RESOURCES 48401 $150.00 MN CHIEFS OF POLICE ASSOC PREPAID EXPENSES FD 10 ORG 48402 $852.00 MN COUNCIL FOR QUALITY CONFERENCE IN SERVICE TRAINING 48403 $100.00 MS MARLYS E LUND FALSE ALARM FEES FD 10 ORG 48404 $2,256.57 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 48405 $1,510.26 NEBCO EVANS DISTRIBUTING MERCHANDISE FOR RESALE CONCESSIONS 48406 $583.80 NOELLE ROBICHON OTHER CONTRACTED SERVICES FALL SKILL DEVELOP 48407 $29,436.76 NORTHDALE CONSTRUCTION CO INC IMPROVEMENT CONTRACTS TRUNK-TECH DR 48408 $37.43 OHLIN SALES OFFICE SUPPLIES POLICE 48409 $674.83 OLSON CHAIN & CABLE CO INC EQUIPMENT PARTS EQUIPMENT MAINT 48410 $132.33 OPM INFO SYSTEMS, BRAD STARR REPAIR & MAINT SUPPLIES COMMUNITY CENTER ADMIN I COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48411 $36.01 PAPER WAREHOUSE DEPOSITS ESCROW 48412 $276.00 PARK NICOLLET CLINIC HEALTHSYS PROFESSIONAL SERVICES BENEFITS 48413 $2,880.50 PARROTT CONTRACTING INC BUILDING MILLER PK K32 48414 $360.00 PHILIP MANNING OTHER CONTRACTED SERVICES VOLLEYBALL 48415 $373.25 PINNACLE DISTRIBUTING TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 48416 $210.00 PITNEY BOWES INC RENTALS FD 10 ORG 48417 $152.90 POWERTEX SPORTSWEAR INC AWARDS VOLLEYBALL 48418 $801.90 PRAIRIE ELECTRIC COMPANY BLDG REPAIR & MAINT PW STORAGE FACILITY 48419 $67.73 PRAIRIE LAWN AND GARDEN EQUIPMENT PARTS WATER SYSTEM MAINT 48420 $88.81 QUINLAN PUBLISHING CO INC DUES & SUBSCRIPTIONS FD 10 ORG 48421 $282.60 R E FRITZ INC OPERATING SUPPLIES-GENERAL FIRE 48422 $24.28 RAINBOW FOODS OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 48423 $26.00 RDO EQUIPMENT CO EQUIPMENT PARTS EQUIPMENT MAINT 48424 $690.20 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCTG 48425 $162,751.78 REHBEIN INC OTHER CONTRACTED SERVICES LIME SLUDGE 48426 $53.78 RESPOND SYSTEMS SAFETY SUPPLIES GENERAL 48427 $59.74 RIEKE CARROLL MULLER ASSOCIATE DESIGN & CONST GOLDEN RIDGE DRIVE 48428 $197.89 RINK SYSTEMS INC REPAIR & MAINT SUPPLIES ICE ARENA 48429 $83.71 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE 48430 $375.00 ROBERT TRUAX TRAINING SUPPLIES POLICE 48431 $799.00 ROBOTRONICS INC DEPOSITS ESCROW 48432 $139.95 ROGERS SERVICE CO EQUIPMENT PARTS EQUIPMENT MAINT 48433 $83.85 ROLLINS OIL CO LUBRICANTS & ADDITIVES EQUIPMENT MAINT 48434 $361.55 S&S CRAFTS OPERATING SUPPLIES-GENERAL AFTERNOON ADVENTURE 48435 $2,846.66 SHAKOPEE FORD EQUIPMENT PARTS EQUIPMENT MAINT 48436 $69.99 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINT 48437 $497.12 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 48438 $57.51 SOUTHWEST CONTRACTORS SUPPLY EQUIPMENT PARTS SEWER LIFTSTATION 48439 $11,352.50 SOUTHWEST LAWN MAINTENANCE INC OTHER CONTRACTED SERVICES STORM DRAINAGE 48440 $16.25 SPORTS WORLD USA INC CLOTHING & UNIFORMS POLICE 48441 $42.93 ST CROIX RECREATION CO INC OPERATING SUPPLIES-GENERAL MILLER PARK 48442 $2,755.00 ST PAUL BOOK & STATIONERY OFFICE SUPPLIES GENERAL 48444 $548.48 STANDARD SPRING CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48445 $24.82 STAR TRIBUNE MISC TAXABLE PRAIRE VIEW LIQUOR #3 48446 $150.00 STEVE BREWER OTHER CONTRACTED SERVICES ADULT OPEN GYM 48447 $56.71 STORAGE EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT 48448 $1,289.14 STREICHERS CLOTHING & UNIFORMS POLICE 48449 $358.76 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL 48450 $3,500.00 SW CORRIDOR TRANSPORTATION COA DUES & SUBSCRIPTIONS COUNCIL 48451 $813.01 SYSTECH SERVICES CONTRACTED COMM MAINT POLICE 48452 $2,278.67 TAPE DISTRIBUTORS OF MINESOTA VIDEO SUPPLIES POLICE 48453 $430.66 THE W GORDAN SMITH COMPANY LUBRICANTS & ADDITIVES EQUIPMENT MAINT 48455 $773.39 THE WATSON CO INC LUBRICANTS & ADDITIVES CONCESSIONS 48456 $443.20 THE WORK CONNECTION OTHER CONTRACTED SERVICES PARK MAINT 48457 $1,000.00 THOMAS BUCHNER OTHER CONTRACTED SERVICES GENERAL 48458 $181.90 THOMPSON PLBG SYSTEM ACCESS-WATER FD 10 ORG 48459 $450.00 TOM HOLMES OTHER CONTRACTED SERVICES VOLLEYBALL 48460 $36.42 TOWN AND COUNTRY DODGE EQUIPMENT PARTS EQUIPMENT MAINT 48461 $107.80 TRACY SPANGRUD OTHER CONTRACTED SERVICES FALL SKILL DEVELOP 48462 $23.15 TRANS UNION CORP OF MPLS/ST PA PROFESSIONAL SERVICES POLICE 48463 $10.00 TWIN CITY STORES BEER LICENSES FD 10 ORG 48464 $34.95 TWIN CITY TIRE CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48465 $60.00 U OF MN OFFICE OF BURSAR OTHER CONTRACTED SERVICES PARK MAINT 48466 $1,008.95 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINT 48467 $102.82 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES SEWER SYSTEM MAINT COUNCIL CHECK REGISTER THU, DEC 12, 1996, 10:06 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 48468 $246.96 VAUGHN DISPLAY & FLAG BUILDING MATERIALS WATER TREATMENT PLANT 48469 $98.83 VIKING ELECTRIC SUPPLY BUILDING MATERIALS WATER TREATMENT PLANT 48470 $346.45 W W GRAINGER INC SMALL TOOLS EQUIPMENT MAINT 48471 $722.46 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 48472 $2,823.84 WATERPRO SUPPLIES CORPORATION EQUIPMENT PARTS WATER METER REPAIR 48473 $150.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 48474 $117.72 WESTSIDE EQUIPMENT CONTRACTED REPAIR & MAINT EQUIPMENT MAINT 48475 $1,176.95 WM MUELLER AND SONS INC LANDSCAPE MTLS & AG SUPPL STARING LAKE $1,445,981.49* ci CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions December 17, 1996 DEPARTMENT: ITEM DESCRIPTION: 1st & 2nd Reading ITEM NO. of an Ordinance Amending City Code Tar/1 Police Chapter 4; Beer, Wine, and Liquor �'1 Background: The changes in the City Code will allow the renewal of the Brunswick Family Fun World liquor license and accommodate the proposed mini-brewery. The opening date of the brew pub is January 18, 1997, and the brewing process needs to begin at least 14 days prior to opening. Due to this time frame, it is necessary for both 1st and 2nd readings to be held on December 17. ACTION: Recommend approval of 1st and 2nd reading of the Ordinance amending City Code Chapter 4. 1 • • WiS POLICE ^ed n MEMORANDUM prairie TO: Joyce Provo THROUGH: FROM: Lt. Mike Bosacker DATE: December 9, 1996 SUBJECT: Amendment to City Code Chapter 4; Beer,Wine, and Liquor Attached you will find a draft from the City Attorney of changes in the Liquor Code which will allow the renewal of the Brunwick Family Fun World liquor license. They are planning to open a brew pub in the old pizza parlor and our existing code will not allow a brewing operation to have a license when state statute clearly allows an exception for this type of operation. The Watertower Brewing Company wants to open on January 18th and will need to begin their brewing process at least 14 days prior to the opening. Due to the short time frame and only one Council meeting in December, it is important that we look at getting two readings on the upcoming December 16th meeting. If you have any questions feel free to contact me. 2 LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE,SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE; (612)829-7355 FAX: (612)829-0713 ROBERT I.LANG M NNEAPO1.l4 OFFICE ROGER A.PAULY DAVID IL ORBOBRBON' FIRST BANK PLACE RICHARD P_ROSOW 16D0IHM PARK BUILDING MARK J.JOHNEON 650 THIRD AVENUE SOUTH JOSEPH A.NII.AN MINNEAPOLIS,MINNESOTA 55403 TODD A.BATTLER TELEPHONE_(612)398-1755 JBNIU MR M.INZ FAX!(612)349•6718 OBRAINT D.POW'ELI. MICHELLE L.ROONLIEN REPLY TO EDEN PRAIRIE OFFICE JERRY D.PERRON "Also Adcil+rod W 11/i,a®m MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Julie, City Manager fl j � FROM: Roger A. Pauly, City Attorney ! &J DATE: December 11, 1996 SUBJECT: Amendments of Chapter 4 Relating to Beer, Wine and Liquor Attached is a proposed Ordinance amending Sections 4.04 and 4.05 of the City Code. Section 4.04 is amended by the addition of the first sentence to Subd. 1. This addition was requested by the Police Department to provide authorization for the use of the Bureau of Criminal Apprehension records relating to criminal histories. Section 4.05 is amended to permit the issuance by the City of on-sale liquor and beer licenses for a restaurant operated by a person who is licensed to manufacture fewer than 3,500 barrels of beer in a year, which is solely for consumption on tap on the licensed premises. This Code amendment will permit the licensing of the restaurant at the Brunswick Bowling Center restaurant facility,which proposes to operate a"mini brewery"on the property in connection with the operation of a restaurant and on-sale liquor establishment. I am advised that the operator of the mini brewery desires to commence the brewing of beer prior to the first meeting of the Council in January, at which a second reading of the ordinance would normally be considered. In order to avoid a question as to whether that might be illegal, the ordinance could receive a first and second reading at the same meeting, if unanimously approved by the Council. If the Council's desire is to approve the proposed ordinance, I recommend both a first and second reading at the meeting on December 17. t' : T 96, TT 93G E00—d 2172.-1 £98—d N0Se1393e1J Ainua 9Nd1 £T206E8ET9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4 . 04, SUBD. 1 AND SECTION 4. 05, SUBD. 3 RELATING TO INVESTIGATION AND GRANTING OF LIQUOR LICENSES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4 .99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 4.04, Subd. 1 is amended to read as follows : "Subd. 1. Investigation and Granting. Upon receipt of an application it may be referred to the Chief of Police who shall institute such investigation of the applicant and the contents of the application as is deemed necessary including, but not limited to, a criminal history check with the Bureau of Criminal Apprehension. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter: Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. " Section 2 . City Code Section 4 .05, Subd. 3 is amended to read as follows : "Subd. 3. No license shall be granted to a person who has a direct or indirect interest in a manufacturer, brewer or wholesaler, except a brewer licensed under Minnesota Statutes 1996, Section 340A.301, Subd. 6, Clause d. , may be issued an on-sale intoxicating liquor or non-intoxicating malt liquor license for a restaurant operated in the place of manufacture. The terms "manufacturer, " "brewer" and "wholesaler" have the meanings given them in Minnesota Statutes 1996, Section 340A.101, Subds. 4, 17, and 28, which are incorporated herein by reference. Section 3 . City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4 .99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. q be:ST 96, TT 93Q 298-d NOSd393el9 A1fltid 9NH1 £TL06Z8ZT9 Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 . SE:ST 96, TT OSQ b00-d £bL-1 298-3 NOSd39389 A1ft3d 9Nd0 2TL06Z8ZT9 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/17 6 SECTION: Director of Parks,Recreation and Facilities ITEM NO. .A DEPARTMENT: Parks, ITEM DESCRIPTION: Petition from Residents in Wyndham Knoll Recreation and Facilitie Neighborhood for Developing Trail System in the Edenbrook Conservation Bob Lambert Area COMMISSION RECOMMENDATION: The Commission requested staff to provide a report to the Council advising them that the vast majority of the residents who responded to the letter notifying them of the proposed trail system within the Edenbrook Conservation Area were opposed to a trail within the conservation area. As there are limited funds for developing the facilities within the park system, the Commission recommended retaining the concept of nature trails within the conservation area for some future date,but eliminate that project within the Five Year CIP. The Commission further recommended sending a notice to all residents who were notified of the concept that the project will be delayed indefinitely due to the strong response of the response of neighbors objecting to the trail system at this time. The Commission continues to recommend the Council support construction of an eight-foot asphalt bikeway along the east side of Dell Road between Tristram Way and Duck Lake Trail. REQUEST: City staff requests authorization from the City Council to send a notice to residents around the Edenbrook Conservation Area indicating that the proposed project for the trail system within the Edenbrook Conservation Area is delayed indefinitely at this time and may be brought up again in the future, if petitioned by residents. Staff would further request authorization to continue to plan for construction of the eight-foot trail along Dell Road in 1998. BACKGROUND: In August of 1996, the City received a petition from residents of the Wyndham Knoll neighborhood requesting improvements to Wyndham Knoll Park, an extension of the bike trail along the east side of Dell Road between Tristram Way and Duck Trail, and development of a trail system within the Edenbrook Conservation Area. In September, residents from that neighborhood met with the Parks, Recreation and Natural Resources Commission to discuss the petition. The Commission informed them that the requested improvements to Wyndham Knoll Park would have to wait until those improvements are higher on the priority list for park improvements. The Commission members agreed with the need for the trail along Dell Road and indicated that the proposed trail system in the Edenbrook Conservation Area was scheduled in the Five Year Capital Improvement Program for 1998. The Commission directed City staff to notify residents 1 of the possible development of a trail system within the Edenbrook Conservation Area and to allow residents to provide input as to the location of the trails in the conservation area. City staff sent a notice to residents to within approximately one half mile of Edenbrook Conservation Area notifying them of the December 2 meeting. Staff received approximately 30 phone calls prior to the December 2 meeting from residents that were unable to attend the meeting, and who had questions or comments on the meeting. Of those who called, approximately 60% supported the idea of developing the nature trails within the conservation area; however, approximately 40% of the callers strongly opposed any trails within the conservation area. At the December 2 meeting of the Parks, Recreation and Natural Resources Commission, there were approximately 100 residents in attendance. All but two who spoke were opposed to trails within the conservation area. The majority were in favor of extending the eight-foot asphalt trail along the east side of Dell Road, from Ticonderoga to Duck Lake Trail. BL:mdd 2 UNAPPROVED MINUTES EDEN PRAIRIE PARKS,RECREATION AND NATURAL RESOURCES MONDAY,DECEMBER 2, 1996 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD Council Chambers COMMISSION MEMBERS: Claire Hilgeman, Chair; Bruce Bowman, Richard Brown,Don Jacobson, Vicki Koenig, David Kracum, John Wilson STUDENT REPRESENTATIVES: Jennifer Freemyer, Melody Hasse COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation and Facilities; Stuart A. Fox, Manager of Parks and Natural Resources; Barb Cross, ( ); Elinda Bahley, Recording Secretary ROLL CALL The meeting was called to order at 7:04 p.m by Vice Chair Bowman. Commissioners Brown and Hilgeman were excused; all other members were present. II. APPROVAL OF AGENDA MOTION: Koenig moved, seconded by Wilson, to approve the agenda as published. Motion carried 5-0. III. APPROVAL OF MINUTES - NOVEMBER 18, 1996 Koenig noted on page 9, the first paragraph should include the sentence... Still she hates to see another hill lost. MOTION: Wilson moved, seconded by Koenig, to approve the Minutes of the November 18, 1996 Eden Prairie Parks, Recreation and Natural Resources Commission as amended. Motion carried 4-0-1 with abstention by Kracum. IV. PETITIONS,REQUESTS AND COMMUNICATIONS A. Petition from Residents in Wyndham Knoll Neighborhood for Developing Trail System in the Edenbrook Conservation Area Staff referred the Commission to a memo dated November 26, 1996, from Robert A. Lambert, Director of Parks, Recreation and Facilities; a letter dated August 19, 1996, from Jeff Thomas and Joe Kaye; and a letter dated November 25, 1996, from George and Diane Kissinger. Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 Lambert explained that in August of this year the City received a petition from residents of the Wyndham Knoll neighborhood requesting a number of improvements to their park. The residents met with the Commission and the Commission discussed the timing of any improvements on Wyndham Knoll Park and where the priorities stood. The Commission supported the recommended improvements to the trail system along Dell Road and to start the review process for a trail system within the Edenbrook Conservation Area. The trail system within the Edenbrook Conservation.Area has been in the Capital Improvement Plan(CIP) for about 15 years. It keeps getting set back each year mainly because the City has not received a petition from the residents and the City always has more requests for projects than they have money for projects. This trail system is scheduled in the CIP for 1998. The residents have requested that it not be pushed back any further and to initiate this review process. Notices were sent out to residents within about a half mile radius of the Edenbrook Conservation Area notifying them of the process. The purpose of the meeting is to simply review the possible locations for trails within the Edenbrook Conservation Area based on where the high ground is, where they have provided for possible accesses to neighborhoods as those neighborhoods developed over the last 10 to 15 years, and where the wetlands are that will have to be bridged with floating boardwalks. Staff will take the input from the residents and draft a proposed plan depicting where they want and don't want trails, and the Commission would then review it. The Commission would make a recommendation to the City Council and they would make a final decision. Staff believes the development of the trail system would have to be done in phases and the first phase may be in 1998. The second phase may not happen until 5 or 10 years later depending on what the demand is and the use is. Lambert referred the residents and Commission to the aerial view of the Edenbrook Conservation Area and reviewed where the proposed trails would be located which was mainly the east west connections across the marsh. A trail was proposed along Duck Lake Road connecting up to the trail along Dell Road and a 10 to 15 car parking lot. The trail itself is intended to be a pedestrian trail, more of a nature trail made out of (aglime????) The boardwalks are plastic about 7 feet in width and are laid right on top of the marsh. They will be there for a very long time and make a very nice trail system with very little impact during the installation system. Boardwalk trails cost about$65 a running foot. Staff believes this trail system does a couple of things. It makes very good connections for kids and neighborhoods across that marsh so they don't have 2 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 to go all the way down to Duck Lake Road. Another desirable trail would connect to the Minnetonka trail system which adds another 20 miles of trails. It also provides an east west connection across the marsh and allows people to get out there to see what's in the marsh. Staff received about 20 phone calls from people that were not able to make the meeting. The vast majority were supportive of the trails but had questions. They wanted to know where the trails were going to be and wanted to make sure there is not going to be negative impact on the marsh. Any trail system out there has to have DNR and Watershed District approval. The public hearing was opened. Diane Shaken, 6689 Almhurst Lane, commented that her home overlooks the hill where the proposed parking lot would be and was concerned about the visibility of it. She doesn't feel there is a need for that when there is a parking lot in the Wyndham Knoll Park just a short distance away. She was also concerned about the parking lot disturbing the view. Lambert noted that there is no controlled access crossing of Dell Road so staff would not recommend that. The proposed parking lot would be on the south side of the hill on the east side of the row of trees. It would be about 100 feet long. The parking lot would not be very visible in the summer but would be in the winter. Shaken was concerned about access in and out of the parking lot and asked if there would be a traffic light. Lambert replied there would be no traffic light because this is only a 10 to 15 car parking lot and would not require a traffic light. Sue Scott, 18453 Chennault Way, expressed concern about the wildlife and nature being preserved. If trails are put in with a lot of people using them, it will scare off a lot of the animals. She wants the natural habitat protected. It would not be an inconvenience for anyone to use it the way it is. She was especially opposed to connecting Eden Prairie to Minnetonka. She id not see any benefit connecting Eden Prairie trails to other cities trails. Marty Segal commented he lives close to the property line and said he would like to see the trails as far away from the property lines as possible. He was opposed to the proposed parking lot and believes the one in the Wyndham Knoll Park is sufficient. That parking lot is barely ever used. The goal is to preserve the wildlife and this proposal would only remove wildlife space. Jim ( ), 6697 Almhurst Way, commented there is about 65 miles of trail system in Eden Prairie and he doesn't feel there is a need for any more. His 3 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 house faces the proposed parking lot. They bought their house four years ago because of the conservation area which is across the road. They were told by the City office that area would be left the way it is as a conservation area. There is also another parking lot by the water tower in Hidden Ponds Park which is another access point as to where people would be able to park and walk the sidewalks as they do now. He doesn't think there is a need for the proposed trail on the east side of Dell Road because there is already a sidewalk on the other side of Dell Road. There would not be a need for two of them and it's a waste of money. The trails in the conservation area would disturb the wildlife habitat and the existing deer trails. The deer would have to find another trail. Mary Johnson, 18200 Ginavale Lane, said when she first received the notice she was against the proposal and wanted the conservation area to stay the same. Everyday she drives over to Minnetonka and walks around the trail system for an hour. She sees the deer and all kinds of animals. She thinks this is now a wonderful idea for people to really enjoy how beautiful it is. After walking the Minnetonka trail system within the creek valley for three years, she doesn't think this new trail system will ruin anything. Denise Johnson, 18407 Avon Court, commented that she and her 15 year old son hike out in the preserve and it's very important to see nature as nature is. They live right across from where the parking lot would be and it would hinder a nature experience right across from their home. She was opposed to the parking lot because it would be right across from her house and for fear of people crossing Dell Road. Steve Vino, 6242 Cranberry Lane, commented that you can't even go in the marsh area in the summer because of the mosquitoes and horseflies and was concerned if the area would be sprayed. He didn't understand the reasoning of building boardwalks across the wetland with the bugs. He was also concerned about all the trash left from kids and was concerned about the area being patrolled. He has also seen where kids have tried to start fires. Gene Bantoff, 18573 Tristram Way, shared the same concerns with Mr. Segal about the property lines. Behind their house is going to be the property line and he wants the trail to be at least 150 to 200 feet away. He was concerned about the screening between his home and the trail. He was also concerned about the area staying clean after dogs have been there and people littering. He believes the trails would be very congested which would result in a traffic situation. Lambert replied he would meet with him on the site to talk about the screening once when the trail is located. They always do whatever is needed to screen homes from trail systems. They try to keep 4 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 them as far away as possible and try to have elevation differences if possible. He explained that when people have walked the trails in the past and seen kids having parties,they would call the police who would chase them away. Staff believes that would continue. There are dog ordinances but people don't always follow it. There will be some patrolling of the area and they will enforce the laws. Lambert commented about the fears that the residents have on the impact of the wildlife and the deers having to move. He referred to a similar situation in the early 1960's in Richfield where the residents had the same concerns regarding the Woodlake Nature Center. They found there was no negative impact and there was very little movement of where birds were nesting within 15 to 20 feet of that trail. It's been found in other wooded park areas in Eden Prairie that the deer do use the manmade trails and they don't have to make another trail. Most deer movement is at night when people are not on the trails. A resident residing at 18297 Tristram Way commented that he shares all the earlier concerns. It's a great way to enjoy nature and was not sure they need more paved manmade trails. He expressed concern about tree loss if this trail system goes in and about the wildlife not being disturbed. He asked what kind of usage would be on the trail along Dell Road. He was also concerned about illegal snowmobiling. Lambert replied there would be no tree removal for trail construction. He said the trail would be for pedestrians but they would not keep bicycles off it. It's a soft surface trail so it would accommodate mountain bikes. There is illegal snowmobiling in different parts of Eden Prairie now, but staff believes this is not likely to happen here because there would be more of a chance of them getting caught with so many people using the trail. Mike Keenan, 18629 Chanel Way, was concerned about the wildlife in the area and the deer being hurt by the additional cars. He noted that his taxes are high now and this project would only make them higher. Lee Elliot commented that the access off Tristram Way already has been paved back to the nature trails. They are natural and that's the experience people are looking for. It's there and available right now. This proposed trail system is not necessary. Nancy Westby, 6734 Boyd Avenue, noted she moved to the area because of the nature and this proposal will increase her taxes. She has taken Girl Scout troops out there and it's great to see nature in the form that it is. She was concerned about the environmental impacts on the area. 5 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 Mike O'Neill, 18897 Joseph Curb, recommended having an educational center to educate people about what is happening in the area. He would like to see information as far as what's going on in the ecosystem. Mark Story, 18309 Tristram Way, was concerned about the financing of the trail system and the assessments. In the seven years he has lived there his property taxes have increased substantially and was concerned about how they spend tax dollars and how much they tax the citizens. Lambert replied the proposed financing is with cash park fees which are charged to developers for single family and multi family housing, as well as commercial development. Nobody will be assessed because they were already assessed when their houses were originally built. The developer that built the house paid, as part of his building fees, cash park fees for building a park system. JD Ryan, 6792 Wakefield Drive, commented he has seen two big fires and the trucks go anywhere they can to get out the fires. He also saw the big flood hit the area where it was 12 to 15 feet deep. He was concerned about whether money would be set aside to repair all this damage should it happen again. He was not concerned about the wildlife. He was concerned about the 30 mile an hour speed limit on Dell Road because nobody goes 30 miles an hour. He had concerns about the plastic boardwalks because it would not be level for bicycles and this would bring on lawsuits. Lambert explained what the boardwalks look like noting that you would drive perpendicular to where the boards are for stability. The general fund would have to pay for any repairs. Roger Martin,6752 Wakefield Drive, said he has been hiking in this area for 12 years and it's a beautiful wooded area. He likes it the way it is now and wants to see it stay that way. Bill Morris, 6510 Grandview Drive, commented his home overlooks the wildlife area and he knows that people who wish to walk out there do so. It is accessible to those who want to get out there. If the trail system is built he probably will use it and enjoy it. He doesn't think you can call it an improvement because you can't improve on what's there already. The City should make a distinction between things that are nice to have and things that they need to have. Todd Ellison,commenting from a teenager's prospective, expressed concern that if there's a trail back there it will give teenagers another place to go and smoke, and give them a chance to drop matches and let another fire start. 6 (1 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 Jody LaRue, 6486 Grandview Drive, commented they have lived in the area for 11 years. It's been real nice and peaceful and they would like it kept that way. They don't want anything changed back there. It sounds from the comments that most people want it to stay the way it is. Joe Beckman asked where the people are located who are on the petition and what their requests were. Lambert replied they are located near Wyndham Knoll Park,right across from the park, and a little bit west of the park. They had a list of improvements they wanted for the park. They wanted a trail along the east side of Dell Road and the trail system improved in the Edenbrook Conservation Area. Beckman commented that these are separate issues with a whole separate agenda. Lambert said the Commission did address them as separate issues. Beckman stated this is the best place in Eden Prairie to experience in the winter where the deer and other animals have been. He doesn't think kids are going to go through the conservation area to get from one neighborhood to another. He would not want his grade school kids riding through the park at night by themselves. He urged the Commission to look at the issues that were presented in segments to see what's nice to do and what's a must to do. Mike Bartley commented he has lived here for six years and grew up in the south part of the state. He has learned to appreciate wildlife to its fullest. This trail system would only ruin a beautiful area. He suggested building some viewing areas instead of a whole trail system where people can look down in the marsh and see what's going on down there. The only reason he lives where he does is because of this park system. If a trail system is put in he'll move away. Karen Lyndale, 8241 Tristram Way, commented she would like to see the path finished. She likes to take her kids on bike rides and there's not a lot of way to get to Duck Lake. The sidewalks are not very wide and nobody trims the hedges. It's very narrow and difficult with two bicycles side by side. It would be a nice connection up to Duck Lake and it would be a nice bike ride. Danny ( ), 6614 Boyd Avenue, said when he built his house he was told nothing would ever go back there. He has been told by the City that his taxes are so high because of his privacy. He feels his taxes should be decreased because he will now lose that privacy. Steve Jenkins, 6686 Boyd Avenue, stated when they moved there 13 years ago it was still a prairie. There is not much left of the prairie anymore. The area of the proposed parking lot has a hill that the deer used to shelter themselves behind from the bitter cold four years ago. They used the hill to 7 9 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 keep from the wind that came through there. He was very concerned about the fire issue occurring further into the marsh area because it would be harder to put out. Randy Nelson, 6818 Boyd Avenue, commented this is one of the most unique areas he has ever seen and the City is going to throw it away by putting in a trail system. There is no way of doing this without sterilizing the area. Bowman thanked the residents for their comments which show how interested they are in their community, and very interested in what happens to the wildlife areas. He was certain that the comments will be seriously considered. Koenig asked for a ballpark figure on how many feet of boardwalks will be needed. Fox replied they didn't calculate the whole thing yet. Basically this is a conceptual plan identifying where the high and low areas are where boardwalks are needed. Koenig asked how many parking spaces are in Wyndham Knoll Park. Fox replied 20 spaces. Lambert noted that staff will forward this directly to the City Council and indicate that the overwhelming majority of people that showed up tonight think it's just great the way it is right now. He commented that a lot of people may have assumed the trail would be going in after seeing the notification. Therefore, if they think it's going in they don't feel they have to show up. People that don't want things show up. At this point he would be inclined to keep it on the far end of the CIP until they get a lot more support from the residents. Staff would rather spend $50,000 on facilities that people want. Jacobson asked how many residents would like to see an 8 foot wide bituminous trail along side Dell Road on the east side if the trail system within the conservation area doesn't go through. The record should reflect a little more than half of the residents raised their hands. Bowman said he agreed with Bob that people in favor of this proposal may not have seen a need for attending. He liked the suggestion of viewing areas perhaps scaled back or maybe a minimal trail system proposal would have gotten a different response. Perhaps the City Council would want staff to come back with a second proposed plan to be reviewed once again. 8 io Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 MOTION: Bowman moved, seconded by Koenig, that the results of this evening's meeting be submitted in a report by staff and submitted to the City Council for review. Motion carried 5-0. B. Request from the Eden Prairie Baseball Club Staff referred the Commission to a memo dated November 25, 1996, from Robert A. Lambert, Director of Parks,Recreation and Facilities. Lambert explained that staff received a letter from the Eden Prairie Baseball Club suggesting that the City confirm their ability to reserve field space for the 13-year old team for the next baseball season. This has caused more than a little discussion at the City on whether or not they can accommodate another 13-year old baseball team. There are a number of different issues that need to be addressed. One issue is whether or not the City can accommodate another 13-year old team. He asked staff to review this and they are in the process of reviewing all the fields that can accommodate 13- year olds, and what options they have to possibly accommodate a fourth 13- year old team. The City has had a workable arrangement in the past with the Baseball Association. They have 2000 kids and a limited number of fields and they divided it up among traveling teams and home teams. The City is put in a situation as to who is going to get first priority for the fields when parents form they're own association. One organization represents 2000 kids and another represents 20 kids. The question is does the City just automatically give it to the bigger organization or do they split it up. They have to develop policies that go far beyond what their policies are right now because they have all been addressed to single organizations providing services. The City has to look at having standards that those organizations meet in order to get first priority. The Commission needs to address the issues that the group of parents have brought up on why they split from the Eden Prairie Baseball Association. Some things were going on that they didn't think were fair. Staff would prefer to have the discussion between these two organizations and the City staff and the Parks Commission members not done at a Commission meeting. It's more of a workshop kind of discussion. The recommendation is that the Commission appoint a subcommittee with at least two Commission members to serve with a couple of staff people and at least one representative from the Eden Prairie Baseball Association and the Eden Prairie Baseball Club. They would sit down and address those things issue by issue and see if they can get this resolved. The Commission would then address some of the further 9 1 � CITY COUNCIL AGENDA DATE: December 17, 1996 SECTION: Appointments DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Appointments to the Community g V Chris Enger Resource Center Advisory Council David Lindahl REQUESTED COUNCIL ACTION: Approve the appointment of one Council member to a one year term, and one staff member to a two-year term,to the Eden Prairie Community Resource Center Advisory Council. BACKGROUND: According to the attached bylaws for the Eden Prairie Community Resource Center Advisory Council,the membership will include two City representatives: one elected official and one staff person. Membership terms will be staggered, so the Council should appoint a staff person to a two-year term, and the Council member to a one year term. All appointment thereafter will be for two years. A new Council person should be appointed in late 1997 to service the 1998/99 term. See the attached Bylaws for more information on appointments and membership terms. The first meeting will be held January 7, 1997 from 3:30 p.m.to 5:30 p.m. Regular meetings will be on the first Tuesday of each quarter. SUPPORTING INFORMATION: See attached Bylaws. FYI Fr . .Co] TxT'Y RESOURCE CENTER ADVISORY:COVil `CII.,:. .. ARTICLE .• • (Name) .. The; arise.of t.bod will .be "The Eden:Prairie:Commu• nity: u• rce:Cent i s+ ar ::.:, Council;": d.will.be efer3r to throughout,:these laws as:tAhe."Council'.;:. . .• ..;. :. .. . .:: . . ... . • O ecir . 'The::ptirp(� of tl�e:Council�be to ass the human��ei�€� :���cls:�f��:i��uni�r .; . • .d�lc::tl ough tb,e:Co nunity..Resource Cent..and::othier:oorn ity:buil#li g::efforts to:address:those needs to•: pro ::tb.e:total:elua ii:ty of e :Ed o.:.::: .. .` .,.`.::::::: : : :. ...: ARTICLE:III. :'::. .: . p. Vic.TC' ) •:•;:. .::• ... ........... ::.: ..;:.: ...:. ;.•W• •'• .. • Sect .1 x: ••:The.membership of::this:body.will: be.limited to t rely,•nember.:s d.< t[ ::<.: ::: represent the following organizations • I. ` : •City of.Eder •Prairie (elected):: .. • . ....•: : 2.. ::• Ci f of:Eden Prairie (sty.:::. 3: . : : School:Dis ct 272 (elected) � :. : :.4�.: School District:272 (s .� • :................• . . a,. People Reaching Out to Other People:. ..T. OFF....:` :. .;. :: : ;.... . .. :. ... . .•......::::::. ... ;: F. Eden::Prairie Chamber of Commerce (Board Memb r).:.::::`: :: • 7. Senior Center Boarri • M n • ::'. $ .. i .' . Aasoiati+ :: 9� . ,Agency Coordinating the CRC • (1:, Coor Ming ncy'3;••• •`.:::::•:.`.`•:; IO.::•`:Hen eepin:County Public.Health:::. : :: ..<1,:f ::.•• Eden Prairieat�-large":Resident: (ad.ult): 1 :.: °:.Eder•Pra rie:uat.�large" Resident. ::..(youtki).:..:::.:.:: •;:>.>• • • •• • `:'°:`'.: •. .::;The• .at.-l•arge members (adult:: r.youth) will.be.appointed.. :.fhe.:o• ther;tep::: :.. ::.• ::: . members c f:tlae:Cau ncil:through a,.simple mx,)urity vote.:Except for:the:; d.;:. Coordinating,Ag cy each member willrepres tone:vote:(elm total•vote ) ' . • Pp • person Cll�pos�ible)�cotn` tri�c • .;�: organization to the.Council every:two•y'ears::The membership.terms:: ai l:be:..;. .. staggered.as•:follows:.. . : Z • ::.11• � year terms ..1. • : ( d( 8ar .. . tain ; .. ...• . . • • • ted.. �ember :: . : 3'�a .Eden:Praiie (elec m Ministerial Association • • .. h �ez�nepin`�ourit�.fpub l� � . ffI alb .• . •• School3• istrxst ? (an•• • elected : . : . :.: : m :: .: ::.•:... � YouthRepresentative '. Parent Representative men Yeazs. .one az`tez-na:�. ;.:�aa u::=��r�s>��: ;<��� >> :� (staff) ambe. Ch of Commerce. •� Sc•h•ool Staff) PROP:: : . ': ••. PR Senior CenterBoard oard d.: ood r inatin Agency•Section 3:: A11:member organizations will appoint to::�h� •. • :or . tic :<who.lives or works in Eden.Prairie;:A . ��tees �. Ply. .. . to.malke a.commitMent to attend all r ulaarl scheduled: ee r + k ::,;:>= contributingmemher•of•tkx ::::��>. .. ...:�� ...::�:......:.......�-: .-.:....:<: :••:; .:.Section.•4: : • Any member or Organ organization desirin to resi n f .rri•the:Council •:� .:al written r•esig n atIoa to the lead:Coordina�g,Agency Ares tat the::••::chair.::•••of:.the ar and tioo::.:represented.:: :. representative will place it on the.next agenda for aCtian by..the• •. • ;sponsoring organization.will appoini..a new ember:from ••: if:a .:. . anization:chdoses to resin:::the<;Council:.sl ould'atte. t:to;re - ;:> -•'°:> with a sianilax organization. rn. can breMoved for cause la s::twoth1rds v ithe. 7kc w a t ` ere•ction.1.:. . . instead.0 Meeting oieers( hai { hacY ,. •• • ::. . • •Facilitator.The ses onsibilities.of`.tl a Meets Fa ilitatar a as ..:.... :. .• .. ...: contact Lead•Coordinating. ency.representative ee > •: • •.ix siire. that the g:agendas for tip coining g ....direction from:the � .�cil .d �tion thCouncil :. • •• call meetings to•order and•work.through1 a. en 4.items within.:the allotted meeting:time, hx.fairne to all nee be sx r` f1i rt should. `.<: • be made to.•complete:. meetings as•:scheduled;:: Agenda ite3ns.:not '<><> .•.: • . .•..`••addressed.within the allotted'meeting tim'e.should::.be: ••next meeting.:unless a simple:majori y of members:move:> 2 . meeting. �:•:` aerfo as the•duties prescribed.:by these Bylavis.and:by•parliax utary:::'' .::.:. . :.' •authority.adopted by this Council .. :A R• e • • : gre ywill be provided either through:the Lead:word ating:::: . ::::.. :'�..,AgenBey.:theResource tenter bc�xdia�at.. . other..volunteers'.st . g.: e:::.... .enter. . :. ... e ti .:: • ach•org —:one.:..•tt4 (except for the Lead Coordinating ency):'..'will. a: ur :. • at:<ser ng:.a year feral•.(four. meetings) as. eeting:.•:Faci ator.:on '.i .: :..:.. • basis 'MeetingFacilitators:will be:chosen:alpha. betiically.st g ' :..: ::::>"::.:. . ...:: :' ::''.::.::: : rotational.; .:. ,.' :: . :'' iie'<fir . letter: of'the. organiaian.s.: ame::as• led:11 • v:. the designated;Faitator.is absent from a' eet�g=:�r� cannot=1i�ai't� their .' • responsibilities for any.ather r on, e Fa itator respc xrai} pity:. l be . ization:listed al habeticall • �a�:oved forward to the next organ. p.. � `; • . • °'•' •: :'ice,:.: : 49�7. +Tl • ..i`V V' ‘4 :'. `:4'"�`. • .`V<7i.,;`." � `:..etc.. 1 :'�1:..:.:;1 :. . • • . hazxibear: a � . ::: . :::.'>....• .. • :City.of EA): Fac. .':•Hennepin County Fac. • . . Mfnistez"ial:Ass. . • :.. . . ..• •:: `ao� • : • ........... PROP ac l~a c.. :.•: .. .•....:::': .:Resident:(adult) :' • • . :.•:F - :: .�' Resident youth). Fac... :.::'::,. ... :: :" .: '. .. .. :Schi District '•.::.. <: :....:.:. Fad::::. Senior Center Board • • Fao... •... . •.. : ARTICLE:.': :.•' : (Meetings)::. • '.. .: ;'.>:: ., : :::` : ection.I.: .. The;.regular.mugs.will be hell quarterly beginning inJa •nuary'. 1:'99' - i ee gs will beheld.on.::ihe first esday'of:.ea : arter::.'.' e' ee s v• im`: scla ..;...; .•:......•......:::::..:.::!.:........::: : . .staart:at.:�..30:.pan,:'and end at 5;3t1:�:.i�x .:>; egg�ailar7 `ednl.,,. rn.�: 7e : > .: :;;::. .:.::.•:>': :cancel ,due:to.:.a.:lactic of a.quorum or:by a simple na,on �i. .: if:: .e :. .. Council . ecti�€i :' :::::`: Speci•al.•meetings: be request ....y`any ;members`of:;the Council` 3' . ;:>: contacting.;•ihe wee, . •Facilitator and indicatingin t�ritih .epurpose of the <>:•:: .• >'::meeting• The Facilitator;must assemble: :quoru be e•,, ••special.r >:, ;:;:.;'' i occur ':: ept in:. rg .,t'kar daykric tiee an0t be dived bCf4 's .. • ....the n€.eeun waits.a'Purpose stat• ed.ii :'tl e'call,:.. `. erection: :. . A.sim le ma o :...of:theCouncil.con titu a quorum(six:voting:m bers): .... . p Section.:: :: ..`.I ntna Age�nidas will. be prepared:by:'the:Lead Coordinating Ag ;• `: ' ..••coos di tion:with the. Meeting Facilitator.. Meeting:•agendas::for: upcoming..'...: .. 3 q regularlyscheduled eduled meetings may l berecommended. ."`: 1 .. `>: . .... `:<::::::.. • • .. ARTICLE (C • ommittees)t • Committees,standing or special,can be assembled when necessary>but..0 USt..be appoint a _.,..;..:::::: . by a simple majority of.the Council., and should have clearly d ned dutiesd>t me lines >::: ::::t>'' C e .: `>;°:� : :; ::> ::::``:: ':: ii . ;::: >: : "::,:::': I3+urties and Aespsbilliii ;>.:.::.. : .. ..:::..:.. ;:..:.;:.;.::.; ::.....:...-.:.::.::..;:. • . • Serve as the advisory and fiscal review bodythe Eden PrairiCo :uz :::::'.<»>`:< ` Resource Center. } Ensure designation of a fiscal agent for the l ource::Ceriter and :collaborative:<:::::::<:;:>: o acttities as apite. r Approve spending plans for Revenue) nhancernerz funds the first mee ' ::_: >< c :>:y t <:<` '`` t>:. iii . .. Prepare and. approve an annual work plan at ..:::>::t g... ....„....„....„.:> ::> :;<::::„...„,>:...::;.::, anu Facilitate the implernentatiOn.Of the.wily. xvide0tollab+orat i.'<itpp �:.::: .:: Eden.Prairie. Coordinate efforts to assess and address the hum e an•ser nEeds�© t :.;::> ty,..:<::_:;:::> >:-::;. . • •.. .primarily through,the operations of the. Communit :. source Cents.;.but. also;;:;:..; ;' through Comm ity building efforts when•appropriate ::><: >::<»>: : ..• • . Advise...School Bow, pity Council, and otter bodies as determined or`i :ecessary. ><:t:` < . about source Center and FamilyServices Collaborative related.:issues : > ;>:;::: > <: >::;: :: :: C of Interest):: :`::'.t:.=>>=:` t ' <<'`:::: t:`..i: :.: :' <> `>:.> ` '<` <`' Members are to.declare any conflict of interest that may arise. In these situati<i theme< '`>t> members will-have no voting•rights. (Conflict of interest wilt be understood to mean any ttil:<tt> : > • .. . direct or Indirect financial gain on the part of the.individual.voting.)Conflicts other;th €: <kf>:: :_:' fina ieJal will be openly discussed by the Coouncil and resolution:of such.issues will be..vot ,:>::>_;`:;t ;`.: full on e • 'I"IC 1 ` I.) IT The rules contained in the current edition of"Roberts Rules.of rOrder":`rovill..•govern is o . t`:t> ::gt:::: • in all cases to Bch they are applicable and.consistent with these bylaws; d any.sperm; ``:t t >:.:: ' rulesof ord r Council ...::. . ::.::::;.::;.: ::...:.:. ::.:.:::. .:. :......:.:.:...:::::_.:.:::- . e . the mayadopt.A • X •.... . . . • •(Amoxidateat of Bylaws) . These bylaws may be amended at any regtu1..ar meeting Of.the Council by a two-thirds to.ig]:>:;:.. >< provided that the•amendment has been submitted in writi at_the.previousr _ - - ` . • e� etica. ,' • LE C . •: . (CouncilT�iatat, ::>~:: :: > > :< ::::>:: •:>: »:::> :>:>::::-`:``> :` >:::::::: �: . terminatedregular meeting of the C• ' cii b�` a.• th ds.vo _«��.:••••` »::<:> The Coil can be at any re��la�r � g4#�n �° •ceded that a.calf for termination has been sub tted:in''writing at .e.previous regular> ::::::>`::: meeting; 1 • n Filial: Draft. o. • • • EDEN PRAIRIE CITY COUNCIL MEETING DATE: 12-17-96 SECTION: Report of City Manager ITEM NO. 11 I DEPARTMENT: ITEM DESCRIPTION: Administration - C. Jullie Resolution adopting the 1997 Tax Levy and the 1997 Budget Requested Action: Staff recommends that the City Council: 1. Approve a resolution adopting the 1997 tax levy and to approve the 1997 budget for general fund operations, equipment revolving fund expenses, and debt service obligations. Attached Documents: 1. Resolution 2. Notice of Adjustment to Required Debt Levies CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION CERTIFYING THE 1996 TAX LEVY, COLLECTIBLE IN 1997, AND ADOPTING THE 1997 GENERAL FUND BUDGET WHEREAS,the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 1997 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City the following purposes: Taxes to be levied against tax capacity General Fund $15,265,000 Equipment Revolving Fund 551,600 Bonds and Interest 1986 Fire Bonds 208,000 Equipment Certificates 329,000 1977 Fire Bonds 75,500 1989 Recreation Facility Refunding Bond 379,000 Special Assessment Bonds -- City Share 500,000 1989 Public Facility Refunding Bonds 277.000 $17,585,100 Less HACA 645.970 Net tax capacity levy for certification $16,939.130 Less Fiscal Disparities distribution 712.246 Net tax collectible in 1997 $16,226,884 Taxes to be levied against market value 1992 & 1993 Park Bonds $ 298,000 1994 Open Space Bonds 157.000 Market value tax levy for certification $ 455,000 Total net tax collectible in 1997 $16,681,884 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required(as shown in Exhibit 1). z Resolution Certifying 1996 Tax Levy, Collectible in 1997, and Adopting the 1997 General Fund Budget BE IT FURTHER RESOLVED that the City Council declare its compliance with the "Truth-in- Taxation" requirements,having published a notice of Proposed Property Tax and Budget Hearing in the Eden Prairie News on November 21, 1996 and conducting the hearing on December 4, 1996. BE IT YET FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process,the City Council approves the 1997 Budget for the General Fund and Debt Service Obligations totalling $23,595,396. Adopted by the City Council December 17, 1996 Jean L. Harris, Mayor Attest: John D. Frane, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 1996,COLLECTED YEAR 1997 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount Required Levy Actual Levy* OUTSTANDING DEBT WITH REQUIRED LEVY Issue of Issue 1996/1997 1996/1997 G.O.Fire Bonds 1977 09/20/77 $998,000 73,675 $75,500 G.O.Building Bonds 1986 12/01/86 $2,300,000 157,488 $164,975 G.O.Public Building Refunding Bonds 1989A 04/01/89 $2,060,000 264,960 $277,000 G.O.Recreation Facility Refunding Bonds 1989B 04/01/89 $2,770,000 365,260 $379,000 G.O.Equipment Certificates 1994B 08/01/94 $1,200,000 324,295 $329,000 G.O.Park Bonds 1992A 07/01/92 $1,100,000 $100,058 $100,000 G.O.Park Bonds 1993A 05/01/93 $3,400,000 $186,630 $198,000 G.O.Open Space Bonds 1994A 08/01/94 $1,950,000 $151,598 $157,000 G.O.Building Refunding Bonds 1995 06/01/95 $1,680,000 $40,975 $43,025 G.O.Water and Sewer 1976 10/01/76 $1,640,000 $30,930 $0 G.O.Water and Sewer 1977 09/20/77 $1,400,000 $116,288 $0 G.O.Water&Sewer Refunding Bonds 1978 03/01/78 $6,150,000 $789,000 $0 G.O.Improvement Bonds 1991B 09/01/91 $6,050,000 $773,369 $0 G.O.Improvement Refunding Bonds 1991D 10/01/91 $7,235,000 $789,680 $500,000 OUTSTANDING DEBT WITH NO REQUIRED LEVY H.R.A.Lease Revenue Bonds 1992A 08/01/92 $2,640,000 H.R.A.Lease Revenue Bonds 1993B 12/01/92 $9,760,000 H.R.A.Taxable Lease Revenue Bonds 1993C 12/01/92 $2,355,000 H.R.A.Lease Revenue Bonds 1993A 05/01/93 $1,415,000 G.O.Water Revenue Bonds 1986 12/01/86 $1,700,000 G.O.Water and Sewer Refunding 1991C 09/01/91 $9,500,000 G.O.Water and Sewer Revenue Refunding 1991F 10/01/91 $3,125,000 G.O.Water and Sewer Refunding Bonds 1993C 05/01/93 $6,735,000 G.O.Improvement Refunding Bonds 1978 03/01/78 $5,090,000 G.O.Improvement Bonds 1978 12/01/78 $500,000 G.O.Improvement Bonds 1988A 12/01/88 $9,800,000 G.O. State Aid Road Refunding Bonds 1991E 10/01/91 $420,000 G.O. State Aid Road Bonds 1992B 07/01/92 $1,940,000 G.O.Improvement Bonds 1993B 05/01/93 $2,695,000 G.O.Improvement Refunding Bonds 1995 06/01/95 $3,255,000 GRAND TOTAL $4,164,206 $2,223,500 * subject to reduction by HACA and Fiscal Disparities,except 1992, 1993 & 1994 Park Bonds q EDEN PRAIRIE CITY COUNCIL MEETING DATE: 12-17-96 SECTION: Report of City Manager � ITEM NO•.1�) 2. DEPARTMENT: ITEM DESCRIPTION: Administration - C. Julie Resolution adopting the 1997 Local Transit Services Tax Levy Requested Action: Staff recommends that the City Council: 1. Approve a resolution adopting the 1997 Local Transit Services tax levy. Attached Documents: 1. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION CERTIFYING THE 1996 LOCAL TRANSIT SERVICES TAX LEVY, COLLECTIBLE IN 1997 WHEREAS, the City Council has listened to public comment, and discussed the proposals and tax levy for the 1997 Local Transit Services Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sum of money be levied upon the taxable property in said City for Local Transit Services: Local Transit Services $ 2,476,684 Less HACA 454.951 Net tax capacity levy for certification $2,021.733 Less Fiscal Disparities distribution 85.964 Net tax collectible in 1997 $1,935,769 Adopted by the City Council December 17, 1996 Jean L. Harris, Mayor Attest: John D. Frane, City Clerk 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-17-96 SECTION: REPORT OF CITY MANAGER p ITEM NO. u' DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger ACTION ON SENIOR ISSUES TASK FORCE REPORT Jean Johnson Requested Council Action: Refer Senior Issues Task Force Report to City Department Heads and request their review and comments on which chapter recommendations their staff can be involved with. Background: Joint meeting with Task Force was held on November 26, 1996. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/12/914 SECTION: Director of Parks,Recreation and Facilities ITEM NO.X.L DEPARTMENT: Parks, ITEM DESCRIPTION: Staring Lake Playground Renovation Recreation and Faqities Bob Lambert In 1995, the City staff performed an evaluation of all of the playground equipment in City parks according to the newly revised guidelines drafted by the National Recreation and Park Association for playground safety. Due to the rock walls and the setback of the playground structure at Staring Lake Park, this playground scored well above any other playground within the City as being the most hazardous playground according to the new safety guidelines. Staff have drafted a concept plan for renovation of the Staring Lake playground that will not only correct the safety conditions,but will also make the facility handicap accessible and will correct the erosion problem on the steep slopes around the facility. This renovation plan requires the removal off all of the existing rock walls, installing a drainage system around and through the entire site, replacing the rock walls with more conventional block walls, and developing an observation plaza at the top of the hill between the park shelter and the playground. The amount budgeted in the Capital Improvement Plan is $275,000 for this project; however, staff are still obtaining cost estimates on all phases of this project, as well as playground equipment to replace the existing structures. Staff will attempt to keep this project within the original estimated amount, but must remind Commission members that amount was not based on any completed plans or specifications. The Staring Lake playstructure has long been the most heavily used playground within the community. Since the development of the playground at Miller Park some of that pressure has been alleviated. In order to complete this project,the entire playground will be closed to the pubic for the entire year. This will affect all park reservation uses of the shelter and many of the large groups that visit that park for the sole purpose of using the playground area. REQUEST: City staff requests the Parks,Recreation and Natural Resources Commission to approve the concept plan for the renovation of the Staring Lake playground and further request the Commission to recommend the City Council authorize preparing plans and specifications for bidding for the various improvements necessary to complete this project. If approved, the City would be receiving bids in February or March with the development of the project being initiated in May and be completed in October. BL:mdd StarPlayBob96 1 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 want to go into the interviewing process, it's this week, and the meeting is next Tuesday. MOTION: Jacobson moved, seconded by Wilson,that the subcommittee be made up of three Commission members two staff members from the City, and two members from each of the organizations; and the first meeting will be at 7 p.m., December 10, in the City Center. Motion carried 5-0. Bowman commented that by virtue of this he would like to be able to resolve this in a meeting that everybody can at least live with for a year and then it can be revisited. V. DEVELOPMENT PROPOSALS A. None. VI. OLD BUSINESS A. Staring Lake Playground Renovation Staff referred the Commission to a memo dated November 25, 1996, from Robert A. Lambert, Director of Parks, Recreation and Facilities. Lambert explained that in 1995 City staff performed an evaluation of all of the playground equipment in City parks according to the newly revised guidelines drafted by the National Recreation and Park Association for playground safety. Due to the rock walls and the setback of the playground structure at Staring Lake Park, this playground scored well above any other playground within the City as being the most hazardous playground according to the new safety guidelines. Staring Lake Playground scored the highest with 647 points and the second playground scored 510 points. Another problem staff faced was the erosion problem and the threat they have to the two major oak trees at the top of the hill because of the high traffic, steep slopes and the water on those slopes. They have to do something to catch that water, defer traffic, and put the traffic on hard surface. Staff has monitored traffic patterns for 12 years at this playground. This project gives staff a challenge because they have to first catch all the water that's draining to the site and falling on the site, get it into a pipe and get it to the bottom of the hill. Staff wants to protect the large oak trees at the top of the hill and keep the fun of those slides on the slopes. They want to provide a lot of viewing area for parents and meet as much of the new 11 2. Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 safety guidelines as possible and still be a fun place to play. It will be a challenge to get within the $275,000 budget proposed. Barb Cross reviewed the conceptual plan with the Commission noting that there a number of different places on the site identified as not being very safe. She explained how this plan corrects those problems as well as providing good accessibility from the amphitheater to the playground. The area of the three oak trees is a high spot for people who want to picnic and view the playground. The objective is to preserve those trees because it's critical to the atmosphere they are looking to create at the park. Staff tried to create something that is fun for kids and would blend in. Part of the design was to pave and get people on hard surface where they wanted to be. One of the best ways to do this, to still allow the trees to have water, was to pave it with brick so they looked at brick pavers. She referred to the Swiss Family Robinson concept which would be natural and adventurous and would include the ropes, slides and nets. They created a river with two different colored rubberized mats. There would be a play structure for every age from 2-year olds to 12-year olds. All the trees on the site have been saved. This first draft accomplished most of the goals staff wanted to and the budget for this was $275,000. Therefore, staff is now scaling back to get the playground equipment in there. The second plan eliminated the 8 to 12-year old play structure. They eliminated a lot of keystone wall and provided better access. They scaled down the size of the rubber surface. The 8 to 12- year old play structure will be moved temporarily and they will phase in new play equipment as they can afford it. Pictures were shown of the different play equipment to the Commission. Bowman asked if there would be another area for the 8 to 12-year olds. Cross replied that an 8-year old would love this but when you get to the 10 to 12-year olds, they're looking for a place to hang out. There is some playground equipment that is for 10 to 12-year olds and it's called, 10 Plus. It's really a hang out area. It isn't something that's necessary now,but if it's needed it can be added. Bowman commented that the preliminary plan looks fabulous and it's correcting a lot of problems as well as creating a safe playground structure. He was concerned about explaining to people why it will be shut down for a year. 12 Unapproved Minutes Parks, Recreation and Natural Resources Commission Monday,December 2, 1996 Lambert noted that a good number of users are reservation groups. When they ask for reservations they will be issued a letter stating it will be shut down for renovations,to please bear with them. The problem will be for the groups that show up with no reservations and arrive in bus loads. They are the groups that will not know about it but staff hopes to let everyone know ahead of time. However, the shelter will be open. Cross said that Miller Park will help ease having this one shut down. MOTION: Koenig moved, seconded by Wilson, to approve staffs recommendations for the Staring Lake Playground renovation per the memo dated November 25, 1996. Motion carried 5-0. B. Marilyn Schoonover Property Staff referred the Commission to a memo dated November 26, 1996, from Robert A. Lambert, Director of Parks, Recreation and Facilities. Lambert stated that this house is right off Duck Lake Trail and is surrounded by the Edenbrook Conservation Area. The City owns the land on three sides of that house. The house was built in the late 1800's. Marilyn Schoonover talked with staff a couple of months ago about whether or not the City would be interested in buying her property as a historical site. At that time she was planning on making some renovations to the house itself so she could live there. She has bad knees and didn't want to go upstairs to the bedroom so she wanted to put an addition on to the house. The Heritage Preservation Committee(HCP)went out on the site and looked at it. They said making those renovations really loses the historical value. Schoonover has now said that she's not going to live there and she's going to sell the house. She's putting it on the market in the Spring. A memo was sent to the HCP so they would be aware of this. The City does not have the money in the budget for this and have never anticipated acquiring it. There is a concern about the barn on the site because it's caving in. It's hazardous and it should be removed. Koening commented that Hilgeman mentioned she would like the cupola saved. Wilson asked how big is the Schoonover property. Fox replied it's 200 by 130 so it's approximately 3/4 of an acre. Bowman asked what the market value is. Lambert replied that he didn't know. 13 4 EMPLOYEE BENEFIT PROGRAM Change Proposal PROGRAM: Severance Pay Program PROPOSED CHANGE: • Reduce the service time required to be eligible for severance pay from five years to two years. • Increase maximum sick leave accrual to 1040 hours (800 hours is current maximum). • Allow employees who leave in good standing, severance pay based on 52% of their total accrued sick leave. REASON FOR CHANGE: • To provide an incentive to new employees to begin accrual of sick leave benefits as soon as they begin employment. • To provide an incentive to the employee to fully self insure, through sick leave accrual, the entire 180 day elimination period for Long-Term Disability. • To maintain a competitive severance pay program and provide employees with a portable benefit at the time of termination or retirement. The program is provided in lieu of Retiree Health Insurance payments. • To simplify the administrative process for severance payout. BENEFIT TO EMPLOYEE/CITY: • Eliminates the City's duplication of Emergency Sick Leave benefit for employees who continue to accrue sick leave beyond 800 hours. • Employee receives appropriate recognition (compensation) for dependable attendance at the end of their employment with the City. • City maintains productivity and maximum service levels through reduced absenteeism. • City does not incur the potential long-term costs associated with the alternative program of Retiree Health Insurance. PROTECTED COSTS: • A minimal cost increase will be experienced by the payout of sick leave to employees leaving employment with less than five (5)years of service, 2 year employee 100 hours maximum 3 year employee 150 hours maximum 4 year employee 200 hours maximum • An additional increase will be incurred as a result of replacing the longevity based payout schedule of 22% to 52% with the proposed flat rate schedule. The costs incurred for the above will be offset by the unspent wages made available during the normal employment fill back process (4 to 8 weeks). • The largest expense will result from the payment of sick leave hours accrued between 800-1040 hours. Participation at this level is expected to be limited to 25% or less of the work force. Currently 60 employees have sick leave accrual in excess of 800 hours. The value, based on 1996 wages, is $137,166. Assuming retirement/termination of each of these employees within the next ten years,the average annual cost would be$13,717. The City's Severance funds are sufficient to cover this added expense. hr,council -p96wrd n