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HomeMy WebLinkAboutCity Council - 11/13/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 13, 2018 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. ZONING STANDARDS REGARDING SENSITIVE USES Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 13, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. 2018 SUSTAINABLE EDEN PRAIRIE AWARDS B. ACCEPT DONATIONS FOR HALLOWEEN ON THE MALL EVENT (RESOLUTION) C. ACCEPT DONATION FROM SENIORS HELPING SENIORS (RESOLUTION) D. INTERFAITH UNDERSTANDING DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LINCOLN PARC APARTMENTS/CASCADE AT TOWN CENTER by Magellan Investment Partners, LLC. Second Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Community CITY COUNCIL AGENDA November 13, 2018 Page 2 Commercial (C-COM)to Town Center-Mixed Use (TC-MU) on 4.83 acres; Resolution for Site Plan Review on 13.02 acres; Development Agreement. Location: 8090 Eden Rd(Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) C. AMENDMENT TO KOPESKY 2ND ADDITION DEVELOPMENT AGREEMENT by City of Eden Prairie. First Amendment to Development Agreement D. SOUTHWEST TRANSIT MINOR SUBDIVISION by Metropolitan Council, Southwest LRT. Resolution for Minor Subdivision on 4.65 acres (Resolution) E. ADOPT RESOLUTION CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018 F. APPROVE CONTRACT WITH SPRINGSTED INCORPORATED FOR POST COMPLIANCE ISSUANCE SERVICES G. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ZENOLOGY SPA,LLC AND MASSAGE THERAPIST LICENSES TO YUN WANG AND QIAN ZHANG H. AUTHORIZE PURCHASE OF A NEW CATERPILLAR 930M FRONT END LOADER IN THE AMOUNT OF $186,763 I. DECLARE EQUIPMENT LIST AS SURPLUS PROPERTY J. DECLARE FURNITURE AS SURPLUS PROPERTY IX. PUBLIC HEARINGS/MEETINGS A. EDEN BLUFF 4TH ADDITION (CH ROBINSON)by Pope Architects. First Reading of an Ordinance for PUD District Review with Waivers on 11.67 acres (Ordinance PUD ) B. SMITH VILLAGE by United Properties. Resolution for Comprehensive Guide Plan Change from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres; Resolution for Preliminary Plat of Two Lots into Five Lots on 7.16 acres; First Reading of an Ordinance for PUD District Review and Zoning District Change from PUB and I-GEN to RM-2.5 on 7.16 acres (Resolution Guide Plan Change; Resolution PUD Concept; Resolution Preliminary Plat; Ordinance PUD ) C. NOTERMANN RESIDENTIAL DEVELOPMENT by Stantec Consulting Services, Inc. Resolution for Comprehensive Guide Plan Change from Rural to Low Density Residential on 8.34 acres and Expand the MUSA Boundary to CITY COUNCIL AGENDA November 13, 2018 Page 3 Include 8.34 acres; Resolution Denying R1-13.5 Zoning Request(Resolution Guide Plan Change & MUSA Boundary Expansion; Resolution Zoning) D. PETERSON RESIDENTIAL DEVELOPMENT by Stantec Consulting Services, Inc. Resolution for Comprehensive Guide Plan Change from Parks/Open Space to Low Density Residential on 7.57 Acres and Expand the MUSA Boundary to include 12.3 acres; Resolution Denying R1-13.5 Zoning Request(Resolution Guide Plan Change & MUSA Boundary Expansion; Resolution Zoning) E. SOUTHWEST TRANSIT GARAGE by Len Simich. First Reading of an Ordinance for PUD District Review with Waivers on 10.05 acres (Ordinance PUD) F. CODE AMENDMENT FOR SEXUALLY ORIENTATED BUSINESSES AND PAWN SHOPS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 Relating to Sexually Oriented Businesses and Pawn Shops (Ordinance) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATING TO TOBACCO B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 BY AMENDING SECTION 4.07 RELATING TO THE AMENDMENT OF A LICENSED LIQUOR PREMISES C. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.71 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.37 RELATING TO PEDDLERS E. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.77 RELATING TO SEXUALLY ORIENTED BUSINESSES AND AMENDING CITY CODE SECTIONS 5.01 AND 1.02 RELATING TO DEFINITIONS F. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.46, RELATING TO MASSAGE XII. PETITIONS, REQUESTS,AND COMMUNICATIONS CITY COUNCIL AGENDA November 13, 2018 Page 4 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 9, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday,November 13, 2018 TUESDAY, NOVEMBER 13, 2018 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN POODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. 2018 SUSTAINABLE EDEN PRAIRIE AWARDS Synopsis: The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas — energy, landscape, waste, and water. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. Staff will provide a background report and introduce the award. Conservation Commission members will introduce the award recipients. The award recipients will be at the meeting to accept the awards. The recipients of the 2018 Sustainable Eden Prairie Award are: • Energy—Elim Shores Independent &Assisted Living • Waste—Jean Esbensen • Waste—The Prop Shop • Water—Aeon for Ocean ANNOTATED AGENDA November 13, 2018 Page 2 B. ACCEPT DONATIONS FOR HALLOWEEN ON THE MALL EVENT (RESOLUTION) Synopsis: Each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment and trick-or-treating at the mall merchants. Earlier in the year, the donations towards Halloween on the Mall from Eden Prairie Smiles ($1,000) and Lions Tap ($150)were accepted. Donations such as these make this free family event possible. MOTION: Move to adopt Resolution accepting the donation of $1,150 from the Eden Prairie Crime Fund ($750) and the Optimist Club of Eden Prairie ($400) toward the Halloween on the Mall event. C. ACCEPT DONATION FROM SENIORS HELPING SENIORS (RESOLUTION) Synopsis: Each year the Senior Center hosts a special event around the fall of the year to bring people together to socialize and meet new people. Approximately 70-80 people gather at the Eden Prairie Senior Center for live entertainment and a warm fall meal. Donations such as these help to keep the cost down so that all can afford to attend. MOTION: Move to adopt Resolution accepting the donation of $250.00 from Seniors Helping Seniors to go toward the Senior Center Fall Lunch. D. INTERFAITH UNDERSTANDING DAY PROCLAMATION Synopsis: The Interfaith Circle requested the Mayor and Council Members declare Saturday,November 17, 2018 Interfaith Understanding Day in honor of their eleventh anniversary of the Eden Prairie Human Rights Award-winning Thanksgiving Celebration. On this day, citizens are urged to work toward greater understanding of each other's spiritual traditions and continue to make Eden Prairie a place of mutual acceptance and peace. • The Mayor will read the proclamation; and • A member will be on-hand to receive the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES ANNOTATED AGENDA November 13, 2018 Page 3 MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. LINCOLN PARC APARTMENTS/CASCADE AT TOWN CENTER by Magellan Investment Partners, LLC. Second Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Community Commercial (C-COM)to Town Center-Mixed Use (TC-MU) on 4.83 acres; Resolution for Site Plan Review on 13.02 acres; Development Agreement. Location: 8090 Eden Rd(Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) C. AMENDMENT TO KOPESKY 2ND ADDITION DEVELOPMENT AGREEMENT by City of Eden Prairie. First Amendment to Development Agreement D. SOUTHWEST TRANSIT MINOR SUBDIVISION by Metropolitan Council, Southwest LRT. Resolution for Minor Subdivision on 4.65 acres (Resolution) E. ADOPT RESOLUTION CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018 F. APPROVE CONTRACT WITH SPRINGSTED INCORPORATED FOR POST COMPLIANCE ISSUANCE SERVICES G. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ZENOLOGY SPA, LLC AND MASSAGE THERAPIST LICENSES TO YUN WANG AND QIAN ZHANG H. AUTHORIZE PURCHASE OF A NEW CATERPILLAR 930M FRONT END LOADER IN THE AMOUNT OF $186,763 I. DECLARE EQUIPMENT LIST AS SURPLUS PROPERTY J. DECLARE FURNITURE AS SURPLUS PROPERTY ANNOTATED AGENDA November 13, 2018 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. EDEN BLUFF 4TH ADDITION (CH ROBINSON)by Pope Architects. First Reading of an Ordinance for PUD District Review with Waivers on 11.67 acres (Ordinance PUD ) Synopsis: The property is 11.67 acres and located on the corner of Liatris Lane and Charlson Road. The property is part of a larger CH Robinson office campus. There is airport property to the north, an office building to the east, and residential to the west and south. The property is guided and zoned Office. The proposed office use is consistent with the City Code and Comprehensive Plan and with previous approvals for the continued use of the property. CH Robinson has expressed the need for additional employee parking which has prompted the site plan application. The current application includes the construction of surfaced parking and construction of a 120,000 sq. ft., 2-story office building which is proposed as a phased development approach. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 11.67 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. SMITH VILLAGE by United Properties. Resolution for Comprehensive Guide Plan Change from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres; Resolution for Preliminary Plat of Two Lots into Five Lots on 7.16 acres; First Reading of an Ordinance for PUD District Review and Zoning District Change from PUB and I-GEN to RM-2.5 on 7.16 acres (Resolution Guide Plan Change; Resolution PUD Concept; Resolution Preliminary Plat; Ordinance PUD ) Synopsis: The applicants are proposing to develop a 7.16-acre property into a multi- family unified residential project with three product types. The property is located east of Eden Prairie Road, north of Highway 212 and just north of the Minnesota River Bluff LRT Regional Trail. CommonBond is proposing Trail Point Ridge along Eden Prairie Road. This proposed product includes workforce housing in a 4-story building with 58 units. Ninety percent of these homes will have rents attainable for middle income workers. The building will include 1-bedroom, 2-bedroom, and 3- bedroom units. Both surface and underground parking are being proposed for this building. United Properties Development, LLC is proposing a 100-unit 3-, 4-, and 5- story building on the east side of the property. The building includes for-sale homes for active and independent seniors at least 62 years of age. Each home will be sold as a membership share of stock into the cooperative. Both underground and surface parking are being proposed. All of the homes are two-bedrooms and most include a ANNOTATED AGENDA November 13, 2018 Page 5 den and/or sunroom. This proposed building will include a number of amenities for the residents such as a craft room, fitness center, great room, etc. Halley Land Corp. is proposing Smith Village Townhomes, which will include two, 3-unit townhome buildings along the regional trail. Each of the 6 for-sale townhomes will be custom homes that are approximately 3,500 square feet with two- or three- car garages. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution amending the 2030 Guide Plan from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres; and • Adopt a Resolution for a Planned Unit Development Concept Review on 7.16 acres; and • Approve the Pt Reading of the Ordinance for Planned Unit Development District Review with waivers on 7.16 acres and a Zoning District change from Pub and I-Gen to RM-2.5 on 7.16 acres; and • Adopt a Resolution for a Preliminary Plat of two lots into 5 lots and 1 outlot on 7.16 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions C. NOTERMANN RESIDENTIAL DEVELOPMENT by Stantec Consulting Services, Inc. Resolution for Comprehensive Guide Plan Change from Rural to Low Density Residential on 8.34 acres and Expand the MUSA Boundary to Include 8.34 acres; Resolution Denying R1-13.5 Zoning Request(Resolution Guide Plan Change & MUSA Boundary Expansion; Resolution Zoning) Synopsis: The applicant is requesting a 2030 Comprehensive Plan amendment from Rural to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1-13.5. The 9.54-acre property is located north of the Lion's Tap Restaurant in the northwest corner of the intersection of Flying Cloud Drive and Spring Road. The property is undeveloped and includes potential bluff areas, wooded areas, prairie remnants, and steep slopes. A 1.2 acre portion of the property is currently guided Low Density Residential and within the MUSA. The request is to reguide and extend the MUSA for the remaining 8.34 acres and rezone the entire 9.54 acres. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Rural to Low Density Residential on 8.34 acres, a MUSA Boundary extension on 8.34 acres and amend the Comprehensive Plan text; and ANNOTATED AGENDA November 13, 2018 Page 6 • Adopt the Resolution for Rezoning Request D. PETERSON RESIDENTIAL DEVELOPMENT by Stantec Consulting Services, Inc. Resolution for Comprehensive Guide Plan Change from Parks/Open Space to Low Density Residential on 7.57 Acres and Expand the MUSA Boundary to include 12.3 acres; Resolution Denying R1-13.5 Zoning Request(Resolution Guide Plan Change & MUSA Boundary Expansion; Resolution Zoning) Synopsis: The applicant is requesting a 2030 Comprehensive Plan amendment from Park/Open Space to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1-13.5. The 12.3 acre property is located north of Flying Cloud Drive and east of Spring Road. The property is used for agricultural purposes and includes potential bluff and steep slope areas wooded areas, remnant prairie and floodplain. Approximately 4.73 acres of the property is currently guided Low Density Residential. All 12.3 acres is currently located outside of the MUSA boundary. The request is to reguide 7.57 acres from Park/Open Space to Low Density Residential and to extend the MUSA for the entire 12.3 acres and to rezone the 12.3 acres to R1-13.5. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Park/Open Space to Low Density Residential on 7.57 acres, extension of MUSA Boundary on 12.3 acres and amend the Comprehensive Plan text; and • Adopt the Resolution for Rezoning Request E. SOUTHWEST TRANSIT GARAGE by Len Simich. First Reading of an Ordinance for PUD District Review with Waivers on 10.05 acres (Ordinance PUD) Synopsis: The applicant is proposing to expand the existing parking for the SouthWest Transit Garage located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing maintenance garage with warehouse and office space. There are currently 78 parking stalls on the property. The applicant is proposing to add parking stalls and reconfigure some of the existing parking stalls to provide a total of 144 spaces. The proposed plan provides plantings in the existing parking lot islands and new landscaped islands to bring the site into conformance with the parking lot island requirements. MOTION: Move to: • Close the Public Hearing; and ANNOTATED AGENDA November 13, 2018 Page 7 • Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 10.05 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. F. CODE AMENDMENT FOR SEXUALLY ORIENTATED BUSINESSES AND PAWN SHOPS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 Relating to Sexually Oriented Businesses and Pawn Shops (Ordinance) Synopsis: Staff has prepared ordinances for the City Council to consider that establish definitions of sexually oriented businesses and pawn shops in Chapter 11 (Zoning). The ordinances also propose to amend Chapter 11 to identify the zoning districts where these uses would be permitted uses. Sexually oriented business are proposed to be permitted uses in the I2 and IS zoning districts subject to the retail space regulation of 15% of the gross floor area of a building that can be used for retail purposes. In the case of a multi-tenant building, the 15% retail area is cumulative for the entire building rather than calculated as 15% per individual tenant. The draft language also provides for a 1,000 foot distance requirements from schools, daycares, places of worship, other sexually oriented businesses and residential uses. Consistent with current licensing requirements, pawn shops and precious metal dealers are proposed as a permitted use in the Commercial-Regional and Commercial Regional Services districts. Staff is also proposing a 1,000 foot distance requirement from other pawn shops or precious metal dealers. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to Amend City Code Sections 11.02 and 11.30 related to Sexually Oriented Businesses; and • Approve Pt Reading of the Ordinance to Amend City Code Section 11.02 and 11.25 related to Pawnshops and Precious Metal Dealers. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY ANNOTATED AGENDA November 13, 2018 Page 8 CODE CHAPTER 5, SECTION 5.35 RELATING TO TOBACCO Synopsis: State law prohibits the sale of tobacco products to anyone under 18 years of age, but allows municipalities to enact regulations regarding tobacco that are stricter than state law. Several Minnesota cities have recently adopted ordinances raising the minimum age at which a person can purchase tobacco products from 18 to 21. The City Council directed staff to craft such an ordinance for consideration. The City then consulted with ClearWay Minnesota, a nonprofit with the goal of reducing tobacco use and exposure. In addition to increasing the minimum purchase age from 18 to 21, the proposed ordinance adds new definitions and procedural provisions regarding license applications. In connection with these changes, the proposed ordinance is also re-organized to follow the same format as other Chapter 5 licensing sections. This re-organization will assist staff in administering the licensing provisions. Substantive changes to the current Section 5.35 are as follows: Subdivision 1: The purpose statement in subdivision 1 is revised to delete language regarding concerns about vending machines and other self-service merchandising of tobacco products. While the ordinance still retains prohibitions on vending machines and self-service merchandising, these are not main concerns surrounding tobacco regulation today. Subdivision 2: The ordinance adds definitions for "child-resistant packaging," "electronic delivery device," "nicotine or lobelia delivery product," "tobacco," and "tobacco-related devices." Each of these definitions come from state law and are intended to ensure that the ordinance regulates a comprehensive list of all tobacco-related products, including electronic cigarettes and vaping equipment. The current definitions of "movable place of business" and "self-service merchandising" are revised for clarification purposes. Subdivision 6: The current Section 5.35 does not contain procedural provisions regarding license applications, investigation, and issuance or denial. The new subdivision 6 adds these procedural provisions, which are consistent with changes being proposed to other Chapter 5 licensing ordinances. Subdivision 7: Subdivision 7.D is revised to increase the minimum age for sale of tobacco-related products from 18 to 21 years of age. Subdivision 7.H is added to require child-resistant packaging for certain liquid products. Subdivision 7.I requires retailers to post signage notifying customers of the legal sales age. Subdivision 8: Subdivision 8.A retains the same statutorily authorized administrative penalties as are provided in the current Section 5.35, while changing the violation age from 18 to 21. Subdivision 8.B specifies additional grounds for suspension or revocation of a license, and subdivision 8.0 provides the process by which a suspension or revocation will occur. This process affords anyone aggrieved by a license denial, suspension, or revocation the right to a ANNOTATED AGENDA November 13, 2018 Page 9 hearing in front of an impartial hearing officer, who then makes a recommendation to the City Manager for a final decision. Subdivision 9: As with the penalty provisions in the current Section 5.35, subdivision 9 provides that violation of the ordinance is a misdemeanor. The proposed ordinance, however, deletes penalties against young people for using, purchasing, or possessing tobacco-related products. The current Section 5.35 states that it is a petty misdemeanor for anyone under the age of 18 to use, purchase, or possess such products. According to information provided by ClearWay Minnesota, there is a consensus from national health organizations that these types of penalties should be eliminated and that penalties should instead fall on the retailers who sell to underage persons. The proposed ordinance therefore only penalizes persons under 21 who purchase or attempt to purchase tobacco- related products using false identification. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.35 relating to tobacco. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 BY AMENDING SECTION 4.07 RELATING TO THE AMENDMENT OF A LICENSED LIQUOR PREMISES Synopsis: City Code Section 4.07 currently permits the holder of an on-sale intoxicating liquor license to sell liquor only on the compact and contiguous building or structure that is described in the license. From time to time, the City receives requests from licensees to have an on-site expansion of the licensed premises, such as in the parking lot, in connection with special events. The City Code does not currently permit such sale. The proposed ordinance would permit the holder of an on-sale intoxicating liquor license to apply for a temporary amendment of the "licensed premises"to provide for liquor service in a compact and contiguous area not included in the original license application. The licensee must meet a variety of criteria to be eligible for an amendment to the licensed premises. For example, the area must be immediately adjacent to the licensed premises and the special event may not be longer three days in duration. In addition, the use of the additional area may not unreasonably impede traffic or decrease available parking below that required by the zoning ordinance. In connection with the application, the City may require the licensee to provide a security plan and a parking, pedestrian circulation and traffic directional plan to be approved by the Police Department, and a fire safety plan approved by the Fire Marshal. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 4 by amending Section 4.07 relating to the amendment of a licensed liquor premises. C. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY ANNOTATED AGENDA November 13, 2018 Page 10 CODE CHAPTER 5, SECTION 5.71 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS Synopsis: On June 12, 2018, the City Council adopted an interim ordinance prohibiting new pawnshops in the City and also authorized a study of pawnshops in order to determine what amendments to the City Code are necessary to protect the public health, safety, and welfare and provide for sound planning related to those uses. Section 5.71 of the City Code currently imposes a licensing scheme on pawnbrokers and precious metal dealers. Staff reviewed this section, as well as the licensing provisions imposed on pawnbrokers and precious metal dealers by other local communities, and is proposing amendments to modernize Section 5.71, bring it into compliance with state law, and aid in licensing and administration of the section. This ordinance is being proposed in conjunction with amendments to Chapter 11, Section 11.25, relating to where pawnshops may locate within the City. The proposed ordinance amends Section 5.71 by revising and re-organizing the subdivisions for procedural consistency with other licensing sections of Chapter 5, as well as making certain substantive updates to the section. The re- organization will aid staff in reviewing permit applications and administering the permits once they are issued. Substantive or material changes to Section 5.71 are as follows (subdivision references are to the proposed ordinance): Subdivision 2: The proposed ordinance deletes the definitions of "Parent" and "Person," as those definitions are included elsewhere in the Code. Subdivision 5: The proposed ordinance revises the list of persons ineligible for a license to include any person who is not a U.S. citizen or resident alien, or who is legally prohibited from working in the U.S., and any person who has a pending criminal charge for a violation that may adversely reflect on the business, including but not limited to theft, receiving stolen property, and fraudulent business practices. It also deletes the requirement that, to be eligible for a license, a person must be "of good moral character or repute." Courts have raised constitutional concerns about such subjective criteria in other licensing contexts. The proposed ordinance also deletes the prohibition on a pawnshop being located within 10 miles of a casino, as this prohibition was repealed in state law in 2011. Subdivision 6: Subdivision 6 revises and adds procedural requirements for license applications. The provisions of subdivision 6 are consistent with the procedures being proposed for other Chapter 5 licensing sections. Current Section 5.71 contains an extensive list of the information that must be supplied for a license application. The proposed ordinance deletes this list and instead directs that the application must be made on the form supplied by the City. In addition to simplifying the section, this will give staff flexibility in revising the application form as necessary. Subdivision 7: The proposed ordinance makes minor revisions to several of the conditions, restrictions, and requirements imposed on licensees. For the most part, ANNOTATED AGENDA November 13, 2018 Page 11 these revisions are intended to update the ordinance to reflect current electronic recordkeeping and reporting practices. Subdivision 8: The proposed ordinance amends the suspension and revocation provisions of the current Section 5.71 to include additional, detailed grounds for suspension or revocation of a license. These grounds include a pending criminal charge or conviction or other adjudication for a crime related to the person's ability to conduct the licensed business, including but not limited to theft, receiving stolen property, and fraudulent business practices. The proposed ordinance also specifies the process by which a license may be suspended or revoked, including notice and hearing requirements, which are consistent with other Chapter 5 licensing sections. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.71 relating to Pawnbrokers and Precious Metal Dealers D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.37 RELATING TO PEDDLERS Synopsis: Section 5.37 of the City Code imposes a permitting scheme on peddlers, solicitors, and transient merchants, and also contains requirements for non-commercial door-to-door advocates. The proposed ordinance amends Section 5.37 by revising and re-organizing the section for procedural consistency with other licensing sections of Chapter 5, as well as adding one new substantive provision relating to the grounds on which a permit may be suspended or revoked. The re-organization will aid staff in reviewing permit applications and administering the permits once they are issued. Substantive or material changes to the current Section 5.37 are as follows (subdivision references are to the proposed ordinance): Subdivision 2: The proposed ordinance deletes the definitions of "Chief of Police," "City Clerk," "City Manager," and "Person," as those definitions are included elsewhere in the Code. Subdivision 6: Subdivision 6 revises and adds procedural requirements and process for permit applications. The provisions of subdivision 6 are consistent with the procedures being proposed for other Chapter 5 licensing sections. Subdivision 8: The proposed ordinance amends the suspension and revocation provisions of the current Section 5.37 to include additional detail on the grounds for suspension or revocation and the process by which a permit will be suspended or revoked. Substantively, the new Subdivision 8.A.4 adds as a grounds for suspension or revocation a pending criminal charge, or a conviction or other adjudication of guilt, against the permit holder for a violation which adversely reflects on the person's ability to conduct the permitted business. Such violations would include, but not be limited to, burglary, theft, larceny, swindling, fraud, ANNOTATED AGENDA November 13, 2018 Page 12 unlawful business practices, and any form of actual or threatened physical harm against another person. The current Section 5.37 already includes such a charge or conviction as a grounds to deny an initial permit application. The proposed ordinance also adds detail on the notice and hearing requirements that apply before a permit may be suspended or revoked. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.37 relating to peddlers. E. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.77 RELATING TO SEXUALLY ORIENTED BUSINESSES AND AMENDING CITY CODE SECTIONS 5.01 AND 1.02 RELATING TO DEFINITIONS Synopsis: On June 12, 2018, the City Council adopted an interim ordinance prohibiting new adult use establishments in the City and also authorized a study of adult uses in order to determine what amendments to the City Code are necessary to protect the public health, safety, and welfare and provide for sound planning related to those uses. Staff has studied the practices of several surrounding local communities and found that most of the communities surveyed (including Chanhassen, Edina, Bloomington, Maple Grove, Minnetonka, Plymouth, and Savage) require adult use establishments—also referred to as sexually oriented businesses—to be licensed by the city. The proposed ordinance imposes a licensing scheme on new sexually oriented businesses wishing to locate in the City. The ordinance incorporates elements from the licensing provisions of surrounding communities, and also includes provisions and procedures recommended by staff for effective and efficient administration. This ordinance is being proposed in conjunction with amendments to Chapter 11, Section 11.30, relating to where sexually oriented businesses may locate within the City. Subdivision 1 of the proposed ordinance includes statements of purpose and findings about the effect that unregulated sexually oriented businesses may have on the City. Subdivision 2 defines "sexually oriented business" and several other terms, including a list of the types of businesses included in the definition of "sexually oriented use." Subdivision 3 prohibits the ownership or operation of a sexually oriented business without a license from the City. Subdivision 4 provides several exceptions to the license requirement, including exceptions grounded on constitutional concerns and issues addressed by state law. Subdivision 5 specifies those persons and places that are ineligible for a sexually oriented business license. Subdivision 6 includes procedural requirements and processes for license applications. The provisions of subdivision 6 are consistent with the procedures being proposed for other Chapter 5 licensing sections, including those addressing ANNOTATED AGENDA November 13, 2018 Page 13 massage therapists and businesses, peddlers, pawnbrokers, and tobacco retailers. Subdivision 7 contains several conditions, restrictions, and regulations on a licensee relating to the conduct of the sexually oriented business. Subdivision 8 specifies the grounds on which a license may be suspended or revoked, as well as notice and hearing requirements for suspension or revocation. Subdivision 9 provides that any violation of the section is a misdemeanor. The proposed ordinance also amends the definition of "person" in City Code Section 1.02 and adds definitions for "operate" and "parent" in Section 5.01. These definitions are amended or added to ensure that all terms in the proposed new Section 5.77, and in the other Chapter 5 amendments being proposed, are comprehensive and consistent. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 5 by inserting a new section 5.77 relating to Sexually Oriented Businesses and Amending City Code Sections 5.01 and 1.02 relating to definitions. F. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.46, RELATING TO MASSAGE Synopsis: Section 5.46 of the City Code imposes a licensing scheme on Therapeutic Massage Enterprises and Massage Therapists. The proposed ordinance amends Section 5.46 by revising and re-organizing the section for procedural consistency with other licensing sections of Chapter 5, as well as adding some new substantive provisions relating to the grounds on which a license may be denied, suspended, or revoked. The amendments and re- organization will aid staff in reviewing license applications and administering the licensing provisions once a license is issued. Substantive changes to the current Section 5.46 are as follows: Subdivision 2: The definitions of "applicant," "application," "license fee," "operate," and"persons" are removed from the current subdivision 2 because they also appear in general definition sections 1.02 (applicable to the entire Code) or 5.01 (applicable to all of Chapter 5). These deletions are intended to avoid repetition and ensure that these terms are defined the same for all of the licensing sections. Subdivision 5: This subdivision (previously subdivision 6) lists those persons who are ineligible for either an enterprise license or a massage therapist license. Subdivision 5.A.1.b and 5.B.1.b are new provisions which state that a person is ineligible for a massage enterprise license or a massage therapist license if the person has a pending criminal charge, citation, or complaint for a violation that adversely reflects on the person's ability to conduct the business in a legal manner. Such violations would include, but are not limited to, prostitution-related crimes, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance. These objective provisions ANNOTATED AGENDA November 13, 2018 Page 14 replace the existing, subjective requirement that an applicant must be of "good moral character or repute." Such subjective criteria have been disfavored by courts on constitutional grounds. In addition, under the proposed ordinance, the ineligibility provisions for a massage enterprise license also now apply to a parent company of an applicant who is a corporation, partnership or other organization, and a business is ineligible for a license if the property on which it is to be located is owned by, operated, by or leased to a person who is ineligible for a license (Subdivisions 5.A.1.m and 5.A.2.c). Subdivision 6: The new subdivision 6 includes additional and more detailed procedural provisions relating to license applications, investigation, issuance, denial, and renewal. These provisions are consistent with changes being proposed to other Chapter 5 licensing ordinances. Subdivision 8: The proposed ordinance adds, as grounds for suspension or revocation of a license, a pending criminal charge or conviction against the owner, manager, lessee, or an employee of a therapeutic massage enterprise, or a holder of a massage therapist license, for a crime that adversely reflects upon the person's ability to conducted the licensed business (Subdivisions 8.A.5 and 8.A.6). Again, these would include, but not be limited to, prostitution-related crimes, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance. These new provisions replace existing, subjective language that allows suspension or revocation of a license for "acts demonstrating or involving moral turpitude." Grounds for suspension or revocation now also include the existence of any grounds for initial denial of a license, whether such grounds existed at the time of issuance or arose subsequent to issuance of the license (Subdivision 8.A.9). MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.46 relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR ANNOTATED AGENDA November 13, 2018 Page 15 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Carol Lundgren 2018 Sustainable Eden Prairie Awards IV.A. Environmental Services Requested Action No formal action is requested. Staff will provide background and several Conservation Commissioners and Mayor Tyra-Lukens will present the award to the four recipients. Synopsis The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas — energy, landscape, waste, and water. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. Staff will provide a background report and introduce the award. Conservation Commission members will introduce the award recipients. The award recipients will be at the meeting to accept the awards. The recipients of the 2018 Sustainable Eden Prairie Award are: • Energy—Elim Shores Independent &Assisted Living • Waste—Jean Esbensen • Waste—The Prop Shop • Water—Aeon for Ocean Background This is the second year the Sustainable Eden Prairie Award will be recognized by the City Council. The award program was previously known as the "Spirit of Eden Prairie Awards" and was updated last year in conjunction with the launch of the Sustainable Eden Prairie initiative. In 2015 and 2016, the Spirit of Eden Prairie award program focused on property improvements in single family,multi- family, and commercial/industrial buildings. The nomination period was open from July 30, 2018 to August 31, 2018. Staff engaged the Conservation Commission in September to review the nominations and provide recommendations. There were no nominations in the landscaping category for 2018. However, two nominees were chosen in the waste category to receive awards. Award recipients will receive a commemorative plaque. Conservation Commission members are: • Anna Anderson • Michael Bennet • Daniel Katzenberger • Kate Lohnes • Lori Tritz, Chair • Ashley Young, Vice Chair • Cindy Hoffman • Beth Novak-Krebs, Staff Liaison CITY COUNCIL AGENDA DATE: SECTION: Proclamations / Presentations November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks and Recreation Donations for Halloween on the Mall IV.B. Jay Lotthammer Requested Action Move to: Adopt Resolution accepting the donation of$1,150 from the Eden Prairie Crime Fund ($750) and the Optimist Club of Eden Prairie ($400) toward the Halloween on the Mall event. Synopsis Each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment and trick-or-treating at the mall merchants. Earlier in the year, the donations towards Halloween on the Mall from Eden Prairie Smiles ($1,000) and Lions Tap ($150)were accepted. Donations such as these make this free family event possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1,150 to be used towards the Halloween on the Mall event from the Eden Prairie Crime Fund $750 Optimist Club of Eden Prairie $400 is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations / Presentations November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks and Recreation Donation for Senior Center Fall Lunch IV.C. Jay Lotthammer Requested Action Move to: Adopt Resolution accepting the donation of$250.00 from Seniors Helping Seniors to go toward the Senior Center Fall Lunch. Synopsis Each year the Senior Center hosts a special event around the fall of the year to bring people together to socialize and meet new people. Approximately 70-80 people gather at the Eden Prairie Senior Center for live entertainment and a warm fall meal. Donations such as these help to keep the cost down so that all can afford to attend. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$250.00 to be used towards the Senior Center Fall lunch from Seniors Helping Seniors is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations November 13, 2018 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Nancy Tyra-Lukens Interfaith Understanding Day Proclamation IV.D. Mayor Synopsis The Interfaith Circle requested the Mayor and Council Members declare Saturday,November 17, 2018 Interfaith Understanding Day in honor of their eleventh anniversary of the Eden Prairie Human Rights Award-winning Thanksgiving Celebration. On this day, citizens are urged to work toward greater understanding of each other's spiritual traditions and continue to make Eden Prairie a place of mutual acceptance and peace. Attachment Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, Eden Prairie businesses, city government, educational and religious institutions have committed to accepting special roles and responsibilities in fostering diversity in our community; and WHEREAS, these bodies are dedicated to upholding the rights of every individual in our community to freedom, dignity, and security regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation, physical or mental ability, or economic status; and WHEREAS, Eden Prairie leaders must regularly renew their visionary commitment to these principles; and WHEREAS, citizens of Eden Prairie and beyond have founded the Interfaith Circle in support of these community standards and values; and WHEREAS, these leaders from diverse religious backgrounds continue to generate an annual gathering of our commonly held celebration of Thanksgiving Day that celebrates our growing religious diversity and fosters respect for others; and WHEREAS, mutual understanding fosters peace in our homes, our schools, and our city. NOW,THEREFORE, I, Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim November 17, 2018, as Interfaith Understanding Day in the City of Eden Prairie, and urge all citizens to work toward greater understanding of each other's spiritual traditions and continue to make Eden Prairie a place of mutual acceptance and peace. ADOPTED by the Eden Prairie City Council on November 13, 2018. Na y yra- ukens,"Mayor ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 16, 2018 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. SOLID WASTE MANAGEMENT PLAN (5:30-6:20) Public Works Director Ellis introduced Dan Krivit, Senior Project Manager of Foth, who spoke about the high level recommendations for the Solid Waste Management Plan(SWMP). Krivit stated the 10 year plan includes trash, recycling, yard waste, and bulky materials. The Conservation Commission has reviewed drafts of the SWMP. The plan incorporates citizen feedback as well as feedback derived from City Connect, social media, a community survey, and from haulers. The plan objects are to improve recycling participation, improve quality of materials, and increase efficiency of the overall solid waste management system. Mayor Tyra-Lukens inquired of the definition of quality of materials. Krivit responded quality of materials refers to the materials allowed in recycling. Council Member Nelson added not all haulers allow the same items which is problematic. Environmental Coordinator Stovring stated adjustments have been made for items no longer considered recyclable. Krivit stated one of the plan content focuses was the requirements of the City for recycling and waste. Of the 52 strategies, there are nine strategies that are considered high priority. One of the high priority strategies is to continue to evaluate the success of and new opportunities for the City's Community Drop-Off Day. Tyra-Lukens noted it was mentioned this event may not continue due to haulers capacity. Stovring stated currently Republic is the only company that submits a bid, and that may change since the company has been acquired. Krivit stated strategy 19 is to evaluate the Minnesota Recycling Education Committee (REC) guidelines. Plastic bags and shredded paper are still accepted by some haulers. Tyra-Lukens stated shredded paper has been allowed in recycling if contained in a paper bag. Stovring responded this has been problematic because it jams the recycling equipment. City Council Workshop Minutes October 16, 2018 Page 2 Krivit stated strategy 20 is to evaluate current multifamily requirements and establish an inspection program. This will require a relationship between the City and the County for enforcement. Strategy 26 is to evaluate what resources and site improvements would be required for the City to develop yard waste drop-off site(s). Strategy 27 is to conduct a cost analysis for development of a drop off site for tree branches, garden waste and leaves. Council Member Aho noted he has received a lot of feedback about interest in leaf pick up incorporated with street sweeping. Stovring noted she would be concerned about the contaminants collected with the leaves. Ellis noted this may not be cost effective but he would like to do more research on the topic. Aho noted residents would likely be willing to pay for this service. Council Member Case stated there are benefits to mulching leaves. Nelson noted leaf pick up in the street may be problematic for street parking. Krivit stated strategy 29 is to promote the use of existing, non-City owned facilities that allow residents and haulers to bring in yard waste, grass clippings, and brush. Strategy 31 is to evaluate current residential curbside yard waste collection services. Aho inquired what would be done with the yard waste if a drop-off site was created in Eden Prairie. Krivit stated it could be transferred to a commercial compost site or contracted for services to compost on site. Ellis stated the City is currently in the design phase for a yard waste drop off site. The City currently contracts for tree disposal and mulching to be turned into fiber energy. This would be utilized for the yard waste site. Staff is still evaluating the uses for leaves. Aho inquired if the old dump site could be utilized. Ellis stated they have begun conversations with Minnesota Pollution Control Agency(MPCA) about appropriate uses for the landfill. Krivit stated strategy 33 is to adopt an implementation plan that complies with the new County requirements for residential curbside organics recycling. This will be required by January 2022 for units ranging from single family to four plex. The County has left some of the requirements up to the City to define. There are options to use a durable compostable bag (DCB), organics cart, or to incorporate organics with yard waste. Ellis noted the open hauling system has been beneficial for the City, and there are few licensed haulers. Krivit noted the City could retain the open hauling system and allow haulers to determine which method to use or the City could require a specific organics method. City Manager Getschow added a large number of licensed haulers has prompted organized collection in other cities. Krivit stated grants for recycling have decreased and organics have increased. Strategy 39 is to evaluate barriers and constraints for outside container placement related to commercial requirements for organics or recycling. The County will not require organics recycling for multi-family properties five plex plus. The County will enforce organics recycling requirements for commercial. The strategies matrix determines who has the primary role for each strategy. It outlines strategy priorities, timing, and ordinance amendments needed. City Council Workshop Minutes October 16, 2018 Page 3 Tyra-Lukens inquired if it's anticipated the County's draft plan will have minor edits. Stovring replied yes. Ellis stated there is still time for review and input. This broad level plan would be presented to Council for adoption around the end or beginning of the year. Stovring noted staff would like to distribute the draft to haulers for input and gain more public input. Aho inquired what the financial implications are to residents and the City. Stovring stated the cost would likely be spread throughout the City. Ellis noted the cost of disposal for organics is much less than refuse. II. TOBACCO 21 INITIATIVE (6:20-6:30) Getschow stated staff researched statistics and reviewed neighboring city ordinances. Chief Weber presented statistics on youth tobacco use prevention. Raising the tobacco age would result in 25 percent reduction in smoking initiation in youth. 95 percent of addicted smokers started prior to age 21. Youth tobacco use increased in Minnesota for the first time since 2000. Nationally, 75 percent of adults are in favor of increasing tobacco sales to age 21. Five states require age 21 tobacco sales. Eden Prairie has 23 licensed tobacco establishments. 15 of these establishments are also located in other cities that have age 21 tobacco sales in place. Case inquired if other city ordinances are consistently similar. Weber stated there are minor differences with the requirement of identification. Aho inquired if this includes vaping. Weber responded it would be included in the definition of tobacco. Tyra-Lukens stated the City is no longer alone in considering this ordinance. Open Podium - Council Chamber (6:30) III. OPEN PODIUM A. CHERI WHITE—KOPESKY DEVELOPMENT TRAIL Steve Davies, 18290 Dove Court, stated the proposed trail is not necessary. On Dove Court, six of the seven households are against the trail being installed. They asked for no trail and the escrow funds be returned to the developer. B. STEVEN WAGNER—CREEKWOOD PARK Steve Wagner, 9325 Wilderness Cove, stated a number of trees have been down in Creekwood Park near his property line. City staff has discontinued mowing. The park needs maintenance on the west side. He is representing other neighbors as well. There should also be some consideration given to managing the coyote population. IV. ADJOURNMENT ITEM NO.VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.2. Aho added Item XIV.A.3.Nelson added Item XIV.A.4. Butcher Wickstrom added Item XIV.A.5. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, October 2, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2018 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 2, 2018, as published. Motion carried 5-0. CITY COUNCIL MINUTES October 16, 2018 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Second Reading of Ordinance 19-2018-PUD-7-2018 for Planned Unit Development District Review with Waivers and Zoning District Change to Rural and Highway Commercial on 2.2 Acres; Resolution 2018- 113 for Site Plan Review on 11.69 Acres (Ordinance No. 19-2018-PUD-7-2018 for PUD District Review with Waivers and Zoning District Change; Ordinance No. 20-2018 for Zoning District Change; Resolution No. 2018-113 for Site Plan Review) C. ADOPT RESOLUTION NO. 2018-114 AUTHORIZING A GRANT SUBMISSION TO HENNEPIN COUNTY YOUTH SPORTS FOR DEVELOPMENT AND CONSTRUCTION OF STARING LAKE PARK RECREATION CENTER D. AUTHORIZE PURCHASE OF FOUR NEW LUCAS III CHEST COMPRESSION SYSTEMS E. AUTHORIZE PURCHASE OF FIVE NEW RAD-57 EQUIPMENT F. AUTHORIZE ANNUAL MAINTENANCE AGREEMENT WITH NICE LOGGER EQUIPMENT G. AUTHORIZE REIMBURSEMENT OF $27,240 TO CITY OF MINNETONKA FOR SHARE OF COUNTY ROAD 62 FLASHING YELLOW ARROW CONVERSION PROJECT H. APPROVE SUBRECIPIENT GRANT AGREEMENT FOR TOWN CENTER STATION AND EDEN ROAD EXTENSION PROJECT I. DECLARE PROPERTY AS SURPLUS J. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS PRESENTED IN 2019 BUDGET K. AWARD CONTRACT FOR ACQUATICS LIGHTS REPLACEMENT TO PRAIRIE ELECTRIC,INC. MOTION: Nelson moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES October 16, 2018 Page 3 A. ASPIRE EDEN PRAIRIE 2040—COMPREHENSIVE PLAN by City of Eden Prairie. Resolution 2018-115 Approving the Aspire Eden Prairie 2040 Comprehensive Plan Update (Resolution No. 2018-115) Getschow said the City Council and staff have been working on the Comprehensive Plan update for 18 months. The Council has held many workshops about the plan along with community engagement and research. This is a draft plan that has been available for comment for quite some time and will remain available until the end of November. Julie Klima, City Planner, and John Houseal, Houseal Lavigne Associates, gave a PowerPoint presentation about the draft Aspire Eden Prairie 2040 Comprehensive Plan. She said the Metropolitan Council has asked all communities to develop such a plan and have requested specific topics to be addressed in the plan. The Planning Commission and the City Council have worked as a steering committee through the 18- month process. In addition, the City has had a robust community engagement period. The Planning Commission recommended approval of the draft plan on September 24, 2018. Their comments and feedback have been incorporated into the plan. Klima reviewed the planning process which included community engagement and stakeholder analysis through City Connect, focus groups and community groups and events. Analysis of existing conditions was done through market and demographic analysis and review of past plans and studies. In addition, special studies were done on housing, transportation, Martin Drive and the Crosstown Industrial. She reviewed the documents used to develop the draft plan. Klima and Mr. Houseal reviewed Chapters 1 to 9 of the draft plan. Mr. Houseal reviewed the final chapter, Implementation Plan, which outlines specific strategies and actions to meet the goals and objectives of the previous chapters. It will include an implementation matrix that highlights specific needs in Eden Prairie, how and when a recommendation addresses that need, and what tools could be used to do so. Klima outlined the next steps for the draft plan. Staff continues to work to address the Met Council's comments and other comments received on the preliminary draft. The end of November marks the end of the comment period, and at that time staff will provide reports and responses to comments received and will submit the final plan to the Met Council for review in early December. Tyra-Lukens questioned why the Council was being asked to approve the plan tonight while the public comment continues until the end of November. Klima replied the overall general direction of the plan is expected to remain the same. We must provide all the comments to the Met Council along with the staff responses to the comments. Nelson commented the housing portion of the plan was the one of the last to be reviewed by the Council. She asked if the references to affordability of housing were meant to occur by 2040 or by 2027. The Council looked at a lot of places with affordable housing that was expiring in 2026 or 2027. She asked how we mandate buildings meet our quality standards with our requirements in place and yet not let rents CITY COUNCIL MINUTES October 16, 2018 Page 4 raise excessively. She also recalled from the last workshop we discussed plans to fit and refit existing homes. She would hope we would continue to discuss that idea as part of the plan to look at in the future. Klima responded all of those concerns would be incorporated in the implementation chapter and in the matrix. Tyra-Lukens said the City Council appreciated Mr. Houseal, staff members and those who made comments on the plan. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing; and to adopt Resolution 2018-115 approving Aspire Eden Prairie 2040 and authorizing submittal to the Metropolitan Council. Motion carried 5-0. B. 2018 SPECIAL ASSESSMENTS (Resolution 2018-116) Getschow said this is an annual event when the City Council holds a public hearing to consider levying the various special assessments throughout the year. This year there are a few development assessments,but the list is very brief. Tyra-Lukens noted the assessments total about $18,000. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing for the approval of the 2018 Special Assessments, and to adopt Resolution No. 2018-116 approving all Special Assessments presented in the fall of 2018. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. KOPESKY ADDITION TRAIL Getschow said at the last City Council meeting the Council asked staff to look into the trail that was part of the Kopesky Addition in 2017. Staff has brought CITY COUNCIL MINUTES October 16, 2018 Page 5 back three options to consider: 1. Reaffirm the decision to install the trail; 2. Eliminate the trail extension, vacate the trail easement, and amend the development agreement to remove the trail installation requirement; 3. Maintain the easement and defer installation of the trail to an undetermined future date, and amend the development agreement to relieve the developer of the responsibility of constructing the trail. Getschow said staff also looked into the safety concerns brought up at the last meeting. Staff's conclusion is that having the trail located there does not have a safety concern. There are several examples in the City where we have a trail that connects to the end of a cul-de-sac. Tyra-Lukens said the issue of escrow was brought up at Open Podium. She asked why would we not keep the escrow we currently have if we select Option 3. Otherwise, it would be all the residents in the City paying for the trail when it is constructed at some time in the future. Getschow replied we have estimated the amount to be something less than$10,000 to construct the trail, so it is not a large amount. Typically, when we have escrow or securities, it is not for an indefinite time. Tyra-Lukens thought it is more of a principle. She asked if it would be possible to treat this like cash park fees so it would go to a pool of money for other trails. Getschow responded that might be possible or we might establish some dollar amount that the City would receive. If Option 3 is selected tonight, the development agreement would have to be amended, so the amended development agreement would have to come back to the Council. Aho said he went out to look at the trail and met with the residents. In general, he was very supportive of the City maintaining the connectivity of our trail system. In this particular case where we would be connecting just one small cul- de-sac and does not impact the overall trail system, the trail is not that critical. He asked why we are doing the trail when the vast majority of the residents do not want it. He thought the third option to defer the installation and keep the easement makes sense because at some future date new residents might question why there was no trail put in. He thought it should be neighborhood driven, so he would support Option 3. Case thought our trails are for everyone, not just one neighborhood. He thought for every project we look at we should entertain the opinion of those around the project and not have the neighborhood drive our decisions. In this case he would agree the value has not been shown to be for everyone else. When he originally proposed the trail at the time the project was first approved, he was not thinking about the good of the City, rather he thought the neighborhood would want this. He made an assumption that turned out to be false. He was okay with Option 3 because it acknowledges the neighbors don't want it while retaining the option for a future trail. He would lean towards some form of escrow for the trail. He thought it would be somewhat disingenuous if we did not take the money. He CITY COUNCIL MINUTES October 16, 2018 Page 6 would defer the trail out of respect to the current neighborhood. Nelson agreed with Option 3. She lived in a neighborhood that did have a short connection to a trail, so she could see a time when this neighborhood would come back to us and request the trail. She liked the idea of taking the money for the trail and putting it into the system. She suggested we put pollinator trail mix into the trail area. Butcher Wickstrom thought maintaining the easement is very important, and she also liked the idea of some form of escrow. Tyra-Lukens commented one of the reasons given for not having the trail was that it is not really necessary. Most of our trails are not really necessary; however, these trails are a critical part of our community. We know this is not a unique type of trail. Safety concerns were expressed, and we are finding that there are no problems with this type of trail. There is no increased risk of burglary. This is not the neighborhood's trail, rather it is a trail through a community for future owners that want to get out to the bike trail safely. It is a way for friends of the children within the cul-de-sac to come in and visit their friends in a safe manner. We heard comments tonight about how much trails are of value to the community. She questioned how we counter future requests from neighborhoods that do not want trails. She didn't think this is the vision we have for our community, and her vote would be to reaffirm the decision. Case agreed precedent is always an issue. He thought this time we have made it clear that the number one driving reason for putting the trail in would be the value to everyone. For the good of all, he was open to the third option. To be clear, he said there should be no consensus to put plantings or flowers in there, and trees cannot be planted because of the utility easement on the sides of the right-of-way. Tyra-Lukens asked if this would be marked with our Carsonite markers. Lotthammer replied the standard practice is to mark these sections with Carsonite markers. Although we don't see a lot of infringement where people are building on the trail easements, we have typically marked our boundaries. It is a practice more than a policy. MOTION: Case moved, seconded by Aho, to maintain the trail easement, defer the installation of the trail to an undetermined future date, and amend the development agreement. Motion carried 5-0. Getschow said staff will amend the development agreement and come back with feedback and the amended development agreement for Council approval. 2. POSSIBLE SOUND BARRIER FOR SECTION ON SOUTH SIDE OF HWY 212—Council Member Case CITY COUNCIL MINUTES October 16, 2018 Page 7 Case commented he liked to bring back to the Council things that have a broader application to the City. He said there is a small section on the south side of Scenic Heights Road to Hwy 212 and Dell Road. When Hwy 212 was constructed, a large mound of dirt was extended quite far in this area, but could have been extended further. There is a gap where a lot of highway noise comes through. He would like to have staff come back with an explanation of what happens in a situation like this where there is the potential for a sound wall. He asked if the metrics have changed and what the process is to have MnDOT investigate this. Aho said he went out there, and the noise level is pretty significant and obnoxious in the one home. He could see why they are requesting an additional sound barrier. It is not a really long section of road so the cost would not be much. What probably has to happen is MnDOT would have to bring noise measuring equipment and determine what the noise reduction would be with an additional wall. He thought we should start the process with them and see if we could get that done. Ellis replied we have already initiated the process in anticipation of this conversation. MnDOT has agreed to put their equipment out there to measure the noise and to collect data. They are hoping to get that in before the construction season is over. 3. WRAP-AROUND COVERING FOR SCHEEL'S CONSTRUCTION FENCE—Council Member Aho Aho said many times a new owner will put a wrap around a fence on construction property to indicate what is going in at that location. He thought there is some confusion at the Scheel's site as to what is going in there as well as where to enter the mall as people drive around the site. He thought we need some wayfinding aids there. Scheel's, the mall and City staff have been working to get some kind of wrap for the property; however, he did not know what we need to do to get something like a temporary sign to take place. He asked how we handle temporary construction projects for wrap-around signage that makes it understandable as to what is going in there. He thought it is important for the business and would be helpful to people coming to the area to know Scheel's is coming into this location as well as what the Scheel's product is. Tyra-Lukens was concerned about there not being a wrap that would be all sports figures. Aho replied they have 50-foot banners, but their name is somewhat larger than our signage allows. Case said he assumed they have a design and suggested they just keep within the limits of our signage policy for the size of the name. Aho said there are 50- foot banners for the 2500 feet of fencing for the project. Tyra-Lukens liked the idea of wayfinding and the idea of a colorful banner, but CITY COUNCIL MINUTES October 16, 2018 Page 8 she did not believe they needed their name everywhere. Case cautioned we may be setting a precedent if we allow pictures for a sign. Aho thought we need to be a little more flexible. They have been told they can't display all the products they will be selling; however, they don't want to have just a picture of scenery on a banner. Jeremiah said staff is very close to an agreement with them to wrap the fence. They will interpret artistic images from commercial advertising. There will be active images that give a sense of what will happen there in the store. The concern is not to open it up to anything. We are trying to allow them to have an artistic look and active images. Nelson liked the idea of where they are going, but banners with the Scheel's name every 50 feet are not necessary. She liked what staff is proposing. 4. REQUESTS FROM EARLY CHILDHOOD FAMILY GROUP—Council Member Nelson Nelson said she worked with the Early Childhood Family group and asked them what types of amenities they would like to see in the City. There are a couple of things that came out of the discussion. They want lots of benches in the parks, and there is no such thing as too many parks. Areas for small kids should have foam instead of wood chips. They would like more signage for bathrooms and would like Porta-Potties for handicapped individuals and for use as changing stations. The group also noted all the splash pads are located on the west side of town and suggested we consider locating one at Nesbitt or Homeward Hills. They also mentioned the problem of goose droppings at Round Lake Park. 5. Council Member Butcher Wickstrom Council Member Butcher Wickstrom announced this evening will be her last meeting on the City Council as she is leaving the position after nearly 20 years of service to the City. She said it has been a great privilege for her to sit in the same seat serving under three mayors, eight City Council Members, and four City Managers. It is like leaving family. She has been honored to work with the best leaders as the City has grown, evolved and improved. We have made important decisions that have improved the City. Eden Prairie deserves the status of No. 1 city in the United States. We are known for being on the cutting edge, and we provide a model for other cities. We have provided wonderful city services while keeping a lower tax rate. It was a difficult decision for her to leave the City Council. She had many deserving people to thank, starting with her family who were here tonight, the City staff and the residents of Eden Prairie who have supported her over the years. Tyra-Lukens said one of the wonderful things of working on this Council has been its consistency. We have not had to say goodbye often and have become a CITY COUNCIL MINUTES October 16, 2018 Page 9 family. The work Council Member Butcher Wickstrom has done with the historical sites has educated all of the Council Members. In recognition of nearly 20 years of dedicated commitment, Tyra-Lukens read a proclamation proclaiming October 17, 2018, as Sherry Butcher Wickstrom Day. Case said his service with Council Member Butcher Wickstrom goes back to their service on the Heritage Preservation Commission in 1993 and 1994. She helped him with his first campaign for City Council in 1994 before she herself ran for the Council in 1996. He said Eden Prairie will benefit for decades from her work to preserve our history. She has been dedicated to environmental issues and played a big part in closing the landfill. She also promoted and supported diversity in the City. Nelson said she benefitted from Council Member Butcher Wickstrom's wisdom and concern for historic Eden Prairie. She appreciated her concern for City staff She thanked Council Member Butcher Wickstrom for mentoring her when she was new on the Council. Aho noted we will miss Council Member Butcher Wickstrom, but he understood she will be closer to her family. Metropolitan Council Representative Jennifer Munt thanked Council Member Butcher Wickstrom for her tireless commitment to public service and her support of the new light rail system in Eden Prairie. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:22 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Thursday January 31, 2019 Place: Garden Room 8080 Mitchell Road Massage Therapist Monica Jean Hart Massage Retreat& Spa 8248 Commonwealth Drive Nicole Ann Kampa Massage Retreat& Spa 8248 Commonwealth Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Cascade at Town Center/Lincoln Parc VIII.B. Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from C-Com to TC-MU on 4.83 acres; and • Approve Resolution for Site Plan Review on 4.83 acres; and • Approve the Development Agreement for Cascade at Town Center Synopsis This is final approval of the Development Agreement and plans for the conversion of ground floor commercial space to 16 residential studio units located at 8090 Eden Road. Background The City Council approved First Reading of the Ordinance and directed staff to prepare a Development Agreement at its July 17, 2018 meeting. At that meeting, discussion focused on the affordability component of the Development Agreement. The property is within a Tax Increment Financing (TIF) district that was approved with the original development. As part of the TIF, the project is required to provide affordability levels for 20% of its units at up to 50% of the Area Median Income (AMI). Currently 38 units are provided to meet this requirement. With the proposed conversion from office space to 16 studio apartments, an additional 4 units will need to be provided at up to 50% AMI to maintain compliance with the TIF affordability requirement. The current mix of the 38 affordable units is 8 — 1 BR; 8 — 2BR; and 22 - 3 BR units. Recent multi-family projects that included density increase requests have included the provision of affordability(regardless of subsidy) to be maintained for the life of the project, referred to as Inclusionary Housing(IH). These requirements have been reflected in the Development Agreements for applicable projects. In these instances, 10% of the units have been designated as affordable. Half of those units are required at 50%Area Median Income (AMI) and the other half at 80%AMI. The Development Agreement that has been signed by the Developer includes the following commitments related to affordable housing units: • The Developer agrees to maintain the 38 Very Low Income Units as required by the TIF Project Management Agreement through its term of December 31, 2027. • During the term of the TIF, Developer shall provide six (6) additional Very Low Income Units comprised of two (2) studio apartments and four(4)two-bedroom units. These units will be occupied by households whose annual income is not greater than 50% of AMI. These units will be maintained through the term of the TIF of December 31, 2027. • Upon expiration of the TIF or Termination of the Project Management Agreement, the Developer shall provide at all times a minimum of 6 units as affordable Inclusionary Housing Units. These units shall be occupied by households whose annual income is 50% or less of AMI. The mix of units shall be 4units with 3 bedrooms and 2 units with 2 bedrooms. • Tenants of the Very Low Income Units using Housing Choice Vouchers as of the date of the agreement may not have their lease terminated or not renewed based on rent increases that would otherwise be applicable to the tenant's rent. • The Developer shall provide 120 days notice to the tenants of the Very Low Income Units and the Affordable Inclusionary Housing units and the City prior to any increase of rent rates. The Developer will be following up with the City to request amendments to the Project Management Agreement as necessary to reflect the conditions agreed upon in this Development Agreement. The 120-Day Review Period Expires on November 14, 2018. Attachments Ordinance for PUD District Review with waivers and Zoning District Change Summary Ordinance Resolution for Site Plan Review Development Agreement CASCADE AT TOWN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2018-PUD-8-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Community Commerical (C-COM) Zoning District and be placed in the Town Center—Mixed Use (TC-MU) Zoning District 2 1-20 1 8-PUD-8-20 18 (hereinafter "PUD-8-20 1 8-TC-MU"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 13, 2018 entered into between Magellan Investment Partners, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2018-TC-MU, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-2018-TC-MU is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2018-TC-MU is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-2018-TC-MU are justified by the design of the development described therein. D. PUD-8-2018-TC-MU is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Community Commercial Zoning District, and placed in the Town Center— Mixed Use Zoning District and shall be included hereafter in the Planned Unit Development PUD-8-2018-TC-MU and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of July, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 13th day of November, 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A Legal Description Lot 1, Block 1, Lincoln Parc Apartments CASCADE AT TOWN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 8090 Eden Road from the Community Commercial to the Town Center—Mixed Use Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens , Mayor PUBLISHED in the Eden Prairie News on , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Lincoln Parc Apartments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CASCADE AT TOWN CENTER BY MAGELLAN INVESTMENT PARTNERS WHEREAS, Magellan Investment Partners has applied for Site Plan approval of Cascade at Town Center to convert ground floor commercial space to 16 residential studio units, by an Ordinance approved by the City Council on November 13, 2018; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 21, 2018 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 17, 2018 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Magellan Investment Partners based on the Development Agreement between Magellan Investment Partners and LP EP Apartments LLC and the City of Eden Prairie, reviewed and approved by the City Council on November 13, 2018. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT CASCADE AT TOWN CENTER THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of ,2018,by LP EP Apartments,LLC, a Delaware limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on acres, Planned Unit Development District Review with waivers on 4.83 acres, Zoning District Change from Community Commercial (C-COM) to Town Center — Mixed Use (TC-MU) Zoning District on 4.83 acres, (the "Applications"), legally described on Exhibit A(the "Property"); WHEREAS, Hartford Financial Services, Inc., a Minnesota corporation, and City entered into that certain Developer's Agreement dated July 6, 1999, pertaining to the Property("Original Development Agreement") attached hereto as Exhibit D. WHEREAS, City and Harford Associates, LLC, a Minnesota limited liability company entered into the certain Project Management Agreement dated June 20, 2000, recorded in the Office of the Hennepin County Registrar of Titles on November 9,2000 as Document No 3331466 with the Office of the Registrar of Titles,Hennepin County pertaining to the Property, as assigned to Lincoln Parc Apartments, LLC, a Minnesota limited liability company pursuant to an Assignment of Project Management Agreement dated October 25, 2000, recorded in the Office of the Hennepin County Registrar of Titles on November 9, 2000, as Document No. 3331467. The following amendments and assignments were recorded: a. On November 14, 2000 City and Lincoln Parc Apartments entered into that certain agreement called Amendment No. 1 to Management Agreement, recorded in the Office of the Hennepin County Registrar of Titles on December 6, 2000, as Document No. 3339042 pertaining the Property. Further City adopted on July 20, 1999 that certain Tax Increment Financing Plan and Tax Increment Financing 1 Cascade at Town Center Development Agreement (Insert Date of Approval) (Qualified Housing) District 16, hereinafter referred to as "TIF Plan". b. Amendment No. 2 of Project Management Agreement dated September 30, 2003, filed November 5, 2003, as Document No. 3871169. c. Amendment No. 3 to Project Management Agreement and Subordination Agreement dated February 1, 2011, filed February 23, 2011, as Document No. 4836565. d. Assignment of Project Management Agreement dated February 1, 2011, filed February 23, 2011, as Document No. 4836566. e. Amendment No. 4 to Project Management Agreement dated March 31, 2015, filed April 14, 2016, as Document No. 5340165. f. Second Amendment to Project Management Agreement, by and between the City of Eden Prairie and Lincoln Parc Apartments,LLC,dated September 17,2002,filed December 21, 2017, as Document No. T05499875. g. Assignment and Assumption of Project Management Agreement dated December 20, 2017, filed December 21, 2017, as Document No. T05499877, from Lincoln Parc Apartments, LLC, a Minnesota limited liability company, as Assignor, to Developer, as Assignee. The Project Management and Amendments No. 1, 2, 3, 4, Second Amendment,Assignment dated Feb. 1, 201 and Assignment dated December 20, 2017 are hereinafter referred to as "Amended Project Management Agreement" or"Amended PMA." NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from C-COM to TC-MU on 4.83 acres, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall complete improvements to the Property in conformance with the materials revised and stamp dated June 1,2018,reviewed and approved by the City Council on July 17, 2018, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer and City agree to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. AFFORDABLE UNITS: A. PRIOR TO DECEMBER 31, 2027. The Amended Project Management Agreement requires the provision of 38 Very Low Income Units as defined in said agreement. In addition to the 38 Very Low Income Units currently required by the 2 Cascade at Town Center Development Agreement (Insert Date of Approval) Amended Project Management Agreement, beginning no later than ninety (90) days after the date of the issuance of the Certificate of Occupancy, the Developer shall provide six (6) additional Very Low Income Units on the Property comprised of two (2) studio apartments and four (4) two-bedroom units consistent with the terms of the Amended Project Management Agreement. Notwithstanding the foregoing, the four (4) two- bedroom units shall be provided no later than one hundred eighty (180) days after the Permit Issuance Date(as defined below), consistent with the terms of the Amended Project Management Agreement. The six additional Very Low Income Units shall be occupied by households whose annual income is not greater than 50% of Area Median Income (AMI) as adjusted annually subject to the requirements of the Amended Project Management Agreement and that certain Tax Increment Financing Plan and Tax Increment Financing (Qualified Housing) District 16, attached hereto as Exhibit E. Under the TIF Plan and applicable state laws, Tax Increment Financing District No. 16, (hereafter, "TIF District 16") expires after December 31, 2027. The Developer agrees to maintain the Very Low Income Units as required by the Amended Project Management Agreement through its term ending on December 31, 2027. Developer shall no later than January 31, 2019 apply for and submit a complete submittal for all City building permits necessary to accomplish conversion of commercial space to additional rental units as identified in the Plans (hereinafter referred to as the "Permit Submittal"). City shall have 30 days to review and approve the Permit Submittal. Permit issuance is conditioned on payment of all applicable fees, including WAC and SAC fees. Developer's or its agent's application to the Metropolitan Council for a SAC and/or WAC determination is not considered a building permit of the City for purposes of this paragraph. From and after the approval of this Agreement by both parties Developer shall not exercise any right to terminate the Amended Project Management Agreement pursuant to Section 5.2 thereof unless and until the City denies any or all of the building permits in the Permit Submittal. Upon the issuance of all building permits in the Permit Submittal applied for on or before January 31, 2019 (such date of issuance being referred to as "the Permit Issuance Date"), Section 5.2 of the Amended Project Management Agreement shall be deemed deleted and of no further force and effect. Developer and City will execute such further amendments to the Amended Project Management Agreement to conform said document as stated herein.Upon issuance of building permits which were applied for in the Permit Submittal for conversion of commercial space to additional residential units, the Developer shall execute an amendment to the Amended Project Management Agreement as necessary to incorporate the aforementioned changes and any other revised approvals. B. AFTER DECEMBER 31, 2027 OR TERMINATION OF AMENDED PMA. Upon the earlier of December 31, 2027 or the termination of the Amended PMA, the Developer shall provide at all times on the Property a minimum of six (6) units as Affordable Inclusionary Housing Units on the Property. These six (6) units shall be occupied by households whose annual income is 50% or less of AMI as adjusted annually by HUD. The unit mix of these six (6) units shall be 4 units with 3 bedrooms and 2 units with 2 bedrooms. 3 Cascade at Town Center Development Agreement (Insert Date of Approval) No subsidy shall be provided for the Affordable Inclusionary Housing Units. Developer shall be responsible for submitting in form and substance as required by the Community Development Director rent roll and occupancy information to the City annually by December 31 confirming compliance with this requirement. Rent for the Affordable Inclusionary Housing Units will not exceed the maximum rates (hereinafter "Maximum Rent Rates") which are set annually by the Minnesota Housing Finance Agency for households whose incomes do not exceed 50% of AMI for the six (6)units referred to above. For the Very Low Income Units and the Affordable Inclusionary Housing Units designated to be affordable for households at or below 50% of the AMI, rent shall be set such that it does not exceed the Maximum Rent Rates as set annually by the Minnesota Housing Finance Agency and adjusted for bedroom size. Tenants of Very Low Income Units using Housing Choice Vouchers as of the date of this Agreement may not have their lease terminated or not renewed based on rent increases that would otherwise be applicable to the tenant's unit. C. NOTICE APPLICABLE TO 3 A AND B. Developer shall provide 120 days' notice to the City and to the tenants of the Very Low Income Units and the Affordable Inclusionary Housing Units prior to any increase of rent rates. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property to the extent such are being change or altered in connection with the issuance of such building permits. 4 Cascade at Town Center Development Agreement (Insert Date of Approval) Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 1794 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow,or letter of credit,equal to 150% of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation, to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property to the extent mechanical equipment is being charged or altered. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and 5 Cascade at Town Center Development Agreement (Insert Date of Approval) differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include,but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Town Center-Mixed Use District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Front Yard Setback. City Code requires 10 foot maximum. 35 feet is approved on Singletree Lane and 35 feet is approved on Eden Road. The granting of this waiver results in the building meeting the definition of having a Building Street Frontage on Singletree and Eden Road 2. Ground Floor Height. City Code requires 12 feet minimum. 10 feet 8 inches is approved. 3. Street Level Frontage Transparency. City Code requires 60%minimum. 35.3% is approved on Singletree Lane and 20% on Eden Road. 4. Building Footprint Coverage. City Code requires 50%minimum required. 35.5% approved. 6 Cascade at Town Center Development Agreement (Insert Date of Approval) 5. Street Façade Building Stepback. City Code requires 8 feet above 4 stories. Complete waiver is approved. 6. Usable Open Space. City Code requires 5%. Complete waiver is approved. 7. Ground Floor Uses. Notwithstanding any provision in City Code,7,565 square feet of ground floor uses are approved for residential. 13. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Original Development Agreement, except as inconsistent with or amended by this Agreement in which case this Agreement controls. 14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. All signage on the Property shall be permanent signage. 15. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property to the extent site lighting is being changed. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. Prior to the issuance of Certificate of Occupancy, for the Property, the Developer shall remove and replace the existing light poles and fixtures along Singletree Lane as shown on Exhibit B Site Plan. 16. VACATION OF PUBLIC STREETSCAPE FACILITIES EASEMENT: Prior to issuance of a Certificate of Occupancy permit for the Property, the Developer shall be responsible for vacating the Public Streetscape Facilities Easement,recorded as Document T3331473 in Hennepin County. This will require the Developer to submit an application for Vacation to the City Engineer and the City Council shall have adopted a resolution vacating the easement as presented in the Plans. 17. REMOVAL OF PUBLIC STREETSCAPE FACILITY: The Developer shall be responsible for the removal of the existing public streetscape facility as shown on the Plans in sheet L.10 Landscape Plan. Removal shall not proceed until the vacation of the Public Streetscape Facility Easement has been completed. 7 Cascade at Town Center Development Agreement (Insert Date of Approval) IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 8 Cascade at Town Center Development Agreement (Insert Date of Approval) LP EP Apartments,LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by , the , of , a , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 9 Cascade at Town Center Development Agreement (Insert Date of Approval) EXHIBIT A — CASCADE AT TOWN CENTER Legal Description: Lot 1, Block 1, Lincoln Parc Apartments, Hennepin County, Minnesota 10 Cascade at Town Center Development Agreement (Insert Date of Approval) EXHIBIT B - CASCADE AT TOWN CENTER Narrative dated Revised June 1, 2018 by Magellan Investment Partners, LLC (Pages 1-9) Land Title Survey dated 10/16/17 by Harry S. Johnson Co., Inc. Tree Inventory&Preservation Plan dated 5/11/2018 by Civil Site Group Landscape Plan dated 5/30/18 by Civil Site Group Landscape Plan Notes & Details dated 5/11/18 by Civil Site Group Site Plan dated 5/11/18 by Planforce Architecture First Floor Plan Option#1 dated 5/11/18 by Planforce Architecture Principal Exterior Elevations (page A2.0) dated 5/11/18 by Planforce Architecture Principal Exterior Elevations (page A2.1) dated 5/11/18 by Planforce Architecture Plaza Exterior Elevations dated 5/11/18 by Planforce Architecture Rendered Image#1 by Planforce Architecture Rendered Image#2 by Planforce Architecture Rendered Image#3 by Planforce Architecture Rendered Image#4 by Planforce Architecture Rendered Image#5 by Planforce Architecture 11 Cascade at Town Center Development Agreement (Insert Date of Approval) EXHIBIT C - CASCADE AT TOWN CENTER I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City to the extent such are being change or altered in connection with the issuance of such building permits. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval to the extent required by the Watershed District. Developer shall follow all rules and recommendations, if any, of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. 12 Cascade at Town Center Development Agreement (Insert Date of Approval) B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. NOT APPLICABLE. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval to the extent such are being change or altered. Developer shall follow all the recommendations, if any, of the Fire Marshal. XI. Developer acknowledges that the rights of City and performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to 13 Cascade at Town Center Development Agreement (Insert Date of Approval) perform any covenant,condition,or provision made herein,City may,at its option,institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts to extent there are changes or alterations in any conservation easement. A 2 1/2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record 14 Cascade at Town Center Development Agreement (Insert Date of Approval) the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XXIV. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, 15 Cascade at Town Center Development Agreement (Insert Date of Approval) planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 16 Cascade at Town Center Development Agreement (Insert Date of Approval) CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated the day of , recorded in the office of the Registrar of Titles) in and for the County of Hennepin , State of Minnesota, on the 21st day of December, 2017 as Document No. T5499878 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated _, 20_ by LP EP Apartments, LLC, a Minnesota limited liability company to the City of Eden Prairie. PGIM Real Estate U.S. Dept Fund REIT, LLC,a Delaware limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On the day of , 20_, before me personally came , to me known, who being duly sworn by me stated that he/she is the of the said PGIM Real Estate U.S. Dept Fund REIT, LLC, a Delaware limited liability company and that he/she is duly authorized to execute the foregoing instrument. Notary Public 17 Cascade at Town Center Development Agreement (Insert Date of Approval) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Kopesky 2nd Addition Development Agreement VIII.C. Development/Planning Amendment Janet Jeremiah/Angie Perera Requested Action Move to: Approve the First Amendment to the Development Agreement for Kopesky 2nd Addition. Synopsis This is the approval of the First Amendment to the Development Agreement for Kopesky 2nd Addition. The purpose of the proposed amendment is to address a trail that was previously required to be constructed for the Kopesky 2nd Addition. The proposed amendment removes the developer's responsibility for construction of the trail. The Original Development Agreement requires an eight-foot wide bituminous trail to be constructed by the developer and a 15-foot wide trail easement between Lots 2 and 3 of Block 1. Residents of the existing neighborhood expressed their opposition to the construction of the trail during a recent City Council meeting, which has compelled the need to amend the trail construction requirements with Amendment to the Development Agreement. Background The Kopesky 2nd Addition plat was approved in 2018 and includes eight single-family residential lots, one outlot, and a trail. Three residential lots access 82nd Street West and a cul-de-sac on the west end of Dove Court serves five residential lots. One outlot is platted on the north side of the site and serves as a wetland conservation area. A trail was required to be installed between the cul-de-sac Lots 2 and 3 of Block 1, to provide connectivity from Dove Court to the trail along Dell Road. With respect to the proposed first amendment, the developer will no longer be responsible for the construction of the trail. The developer shall submit a payment of $3,050 to the City upon execution of the First Amendment to the Development Agreement. The trail easement shall remain in effect and if the City determines that the trail is necessary to be installed at a later date, the City shall be responsible for the construction of the trail and all associated improvement costs. Attachment First Amendment to the Developer Agreement for Kopesky 2nd Addition KOPESKY 2ND ADDITION FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is entered into as of November 13, 2018, by WL Kopesky and Associates, LLC, a Minnesota limited liability company and Kopesky & Associations, LLC, a Minnesota limited liability company hereinafter collectively referred to as "Developer," their successors and assigns, Greg L.Murphy and Mitra Murphy,hereinafter referred to as"Murphys",Jenna Belaen and Michael Belaen, hereinafter referred to as "Belaens" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Wayne L.Kopesky and Randy J.Kopesky,as Developer and City entered into that certain Development Agreement between the parties dated as of June 13, 2017,recorded June 15, 2017 with the Hennepin County Recorder as Document Number A10449183, pertaining to property legally described as Lots 1-8,Block 1;Kopesky 2nd Addition,Hennepin County,Minnesota, hereinafter referred to as the"Property" ("Development Agreement"); WHERAS, WL Kopesky and Associates, LLC and Kopesky&Associations, LLC are the successors to Developer and is the owner of all of Kopesky 2nd Addition except Lots 1 and 7, of Block 1. WHEREAS,Greg L.Murphy and Mitra Murphy are the owners of Lot 1,Block 1,Kopesky 2nd Addition. WHEREAS,Jenna Belaen and Michael Belaen are the owners of Lot 7,Block 1,Kopesky 2nd Addition. WHEREAS paragraph 11 of the Development Agreement requires the Developer, its successor and assigns to construct an eight foot wide bituminous trail ("Trail"), and provide and record a 15 foot wide trail easement("Trail Easement")over Lots 2 and 3,of Block 1.The location of the Trail and Trail Easement are depicted on Exhibit B; Kopesky 2nd Addition First Amendment to Development Agreement WHEREAS, City, Developer, Murphys, and Belaens desire to amend the Development Agreement as provided below. NOW, THEREFORE, the Developer, Murphys, Belaens and the City agree as follows: 1. Paragraph 11 of the Development Agreement required Developer to construct the Trail and provide the Trail Easement to the City. The Trail Easement was tendered and recorded on November 30, 2017 with the Hennepin County Recorder as Document Number A10506391. Developer is no longer responsible for the construction of the trail. In lieu of construction of the trail the Developer shall tender to the City upon execution of this First Amendment the sum of$3050. The Trail Easement shall remain in effect and if the City determines that the Trail is necessary to be installed at a later date,the City shall be responsible for the construction of the Trail and all associated improvement costs. Kopesky 2nd Addition First Amendment to Development Agreement IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November,2018,by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Kopesky 2nd Addition First Amendment to Development Agreement DEVELOPER WL KOPESKY AND ASSOCIATES, LLC, a Minnesota limited liability company By: Wayne L. Kopesky Its Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day ofNovember,2018,by Wayne L.Kopesky the Manager of WL Kopesky and Associates,a Minnesota limited liability company,on behalf of said company. Notary Public Kopesky 2nd Addition First Amendment to Development Agreement KOPESKY&ASSOCIATES,LLC, a Minnesota limited liability company By: Randy J. Kopesky Its Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November,2018,by Randy J. Kopesky the Manager of Kopesky& Associates, LLC, a Minnesota limited liability company on behalf of said company. Notary Public Kopesky 2nd Addition First Amendment to Development Agreement LOT 1, BLOCK 1, KOPESKY 2ND ADDITION OWNERS Greg L. Murphy Mitra Murphy STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November,2018,by Greg L. Murphy AND Mitra Murphy, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Kopesky 2nd Addition First Amendment to Development Agreement LOT 7, BLOCK 1, KOPESKY 2ND ADDITION OWNER Michael Belaen STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November,2018,by Michael Belaen, married to Jenna Belaen. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Kopesky 2nd Addition First Amendment to Development Agreement LOT 7, BLOCK 1, KOPESKY 2ND ADDITION OWNER Jenna Belaen STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November, 2018,by Jenna Belaen, married to Michael Belaen. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Kopesky 2nd Addition First Amendment to Development Agreement EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT — Kopesky 2nd Addition Legal Description Lots 1-8, Block 1; Kopesky 2nd Addition, Hennepin County, Minnesota. Kopesky 2nd Addition First Amendment to Development Agreement EXHIBIT B DEVELOPMENT AGREEMENT — Kopesky 2nd Addition Trail Location i - - Ito l 1 1 r•!•5 #X _ __ • — ' 1 2- 1 rZ 2 1 w J 1 1 41111% R BIM.bk&W, E •N slag 141 i . 4 0• AND UTILITY y4Q o 1o,�u - '.1_: 1 - ___L, i„._____.( .Lt r —I TRAIL EASEMENT H'WI�E IIIIIII = -r '-Re--IMUMINWS TRAIL -- ,xp, .-aim_. ,, "___ _ II _ CONNECT TO P -- I I} d r --__ g�I, CURB _ EXISTING TRAIL,1 -_- - _ ___ — ! --' --- I I �,w' �'�. � 1a __ - --_:-_- - caw�rELNN©wGwmi — ( - AD]VST EXISTING -' - -_ _ _DETECTABLE WARNING MANHOLE �'ki SB _ _ ! SURFACE IX-.--,__,_ff . . rr Vill, 7 �a /7—1' 2.9%SLOAE �li FROM ROW -Y TO ROADWAY i I . �I' 1 1 fi ' �� • 5 a J ' 1l' 1 C \\-----__ ,,.•. . Kopesky 2"d Addition First Amendment to Development Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning SouthWest Transit Minor Subdivision VIII.D. Janet Jeremiah/Angie Perera Requested Action Move to: Approve Resolution for Minor Subdivision on 5.64 acres Synopsis The proposed Minor Subdivision is being requested by the Metropolitan Council and SouthWest Transit in connection with the Southwest Light Rail Transit project. The request for the Minor Subdivision is being done to facilitate Metropolitan Council's acquisition of a portion of the subject property from SouthWest Transit for redevelopment as a jointly operated transit station to be known as "Southwest Station", to be located at the existing SouthWest bus station on Technology Drive, south of Highway 212. Southwest Station will service both the proposed Southwest light rail line ("Southwest LRT") and SouthWest Transit's bus operations and will include an above-grade parking structure, serving as a key hub for travelers and commuters to and from downtown Minneapolis. Background The Minor Subdivision request is for the existing Lot 5, Block 1, of the Southwest Station Second Addition("Lot 5") and the existing Lot 4, Block 1 of Southwest Station Second Addition. The site is is approximately 5.64 acres and outlined in red below. Lots Currently owned by SouthWest Transit 'yh �� Lot 4 O `" o ft, 4.40 Currently owned by Met Council x TcHyotocv m f % •. -_ The minor subdivision request will create three new separate lots to be platted as Lots 1, 2, and 3, Block 1, Southwest Station 4th Addition. The proposed new lot lines are illustrated in red below for the proposed new three lots. SouthWest Transit will own Lots 1 and 3, Block 1, and Met Council will own Lot 2, Block 1, Southwest Station 4th Addition. PROPOSED SOUTHWEST STATION 4TH ADDITION A . : ::.. r EST TH,r,r}i.i i;iii•i::u +� �.. �- `� a/S c o r t c.wenaea.o r a — — AL a' _* .t / c_,.,,,+,, --_ ..,m i` t B L- _ k g Lot,I , k � Lot 1 uthWest AWIPS _{ , SouthW t .r.; ; " "" Transit ie `°T �, �51; �� Lot 2 ,:5 �- -� i �: Tran its°j " i - Met _ •''^° L 1. _`., r-- 4 va uo TritNE;LJCi? oriVE ] gBLOCK 1 Lor , N , City Code Chapter 12 includes regulations for Minor Subdivisions and states the City Council shall review requests for minor subdivisions and approvals shall be made in the form of a resolution. Upon written adoption of a resolution of approval, the applicant shall be responsible for filing the plat with the County Recorder's or Registrar of Title's office, as applicable. The proposed minor subdivision complies with zoning and land use regulations of City Code. The 120-Day Review Period Expires on February 22, 2019. Staff Recommendation Staff encourages Met Council to continue dialogue with the City of Eden Prairie to modify the Development Agreement for the site in the future to reflect the proposed use of the property. Staff recommends approval of the Minor Subdivision upon the following conditions, which may be reviewed and processed by city staff administratively: 1. Prior to the release of the plat for the Minor Subdivision the applicant shall: A. Submit a draft Encroachment Agreement to the City for review. B. Submit a 1"=200' scale reduction of the plat. 2. The Encroachment Agreement shall be recorded with Hennepin County prior to the issuance of a building permit. Attachments Resolution Minor Subdivision Drawing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE MINOR SUBDIVISION FOR SOUTHWEST STATION 4TH ADDITION BY THE METROPOLITAN COUNCIL & SOUTHWEST TRANSIT WHEREAS, the Minor Subdivision for Southwest Station 4th Addition has been submitted in a manner required for subdividing land under the Eden Prairie Ordinance Code and under Chapter 505 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. Minor Subdivision approval request for Southwest Station 4th Addition is approved subject to the conditions as noted within the City Council memo dated November 13, 2018 and with plans stamp dated November 7, 2018. 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 the 13`h day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Resolution Canvassing the 2018 Municipal VIII.E. City Clerk Election Results Requested Action Move to: Adopt the Resolution canvassing the results of the municipal election held on November 6, 2018. Synopsis Minnesota Election Law 205.185, subd. 3 requires that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION CANVASSING THE RESULTS OF THE NOVEMBER 6, 2018 MUNICIPAL ELECTION WHEREAS, Minnesota Election Law 205.185, subd. 3 require that between the third and tenth days after an election, the governing body of a city conducting any election shall act as the canvassing board, canvass the returns, and declare the results of the election. WHEREAS,the Eden Prairie City Council has ascertained and determined the result of November 6, 2018 General Election as follows: CITY OFFICES Votes Mayor Ron Case 15760 Brad Aho 14058 Council Member Kathy Nelson 16253 Mark Freiberg 10692 PG Narayanan 10374 Andrew K. Moller 9189 ADOPTED by the Eden Prairie City Council on this 13th day of November 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Approve contract with Springsted Incorporated VIII.F. City Manager for Post Compliance Issuance Services Requested Action Move to: Approve contract with Springsted Incorporated for Post Compliance Issuance Services. Synopsis To ensure that the City is compliant with rules and regulations for post compliance issuance on debt, staff conducted an RFP process in 2013 to hire a firm to perform these services. As IRS scrutiny of tax-exempt debt has increased, staff wants to be proactive in ensuring compliance. The original contract allowed for the renewal of the contract. This action extends the contract for five more years. In 2013,the firm was the low bidder and we have been satisfied with their service. If we switch to a new company, there will be additional one-time set-up fees that we have already paid to Springsted. The contract is for a maximum of$30,000 annually. We have paid between $8,800 and $25,527 annually. The first year of$25,527 included $5,220 of one-time fees. Costs vary due to when arbitrage calculations are due and the number of debt issues outstanding. Attachments Contract Exhibit A: Springsted Proposal Dated 8/30/2013 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 13th day of November, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Springsted Incorporated ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 380 Jackson Street, Suite 300 Saint Paul, MN 55101. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Post Compliance Issuance Advisory Services hereinafter referred to as the "Work." The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Springsted Proposal dated 8/30/2013) in connection with the Work. This is a five-year renewal of the original contract. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from 12/1/2018 through 12/31/2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $30,000 annually for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) Page 2 of 13 2017 06 01 amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If, however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Page 3of13 2017 06 01 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 4 of 13 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project"basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5of13 2017 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. P. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered Page 6 of 13 2017 06 01 limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Page 7 of 13 2017 06 01 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Page 8 of 13 2017 06 01 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or Page 9 of 13 2017 06 01 organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 31. Dodd-Frank Compliance. Springsted is a Municipal Advisor as defined in Section 15B of the Securities Exchange Act of 1934 and as amended by Section 975 of the Dodd- Frank Wall Street Reform and Consumer Protection Act. For purposes of any Municipal Advisor Services rendered by Advisor, Springsted affirms that it is registered as a Municipal Advisor and in good standing with both the Securities and Exchange Commission (registration #867-00226) and the Municipal Securities Rulemaking Board (registration #K0457). The Advisor shall maintain such registration and compliance with applicable laws and regulations as they pertain to Municipal Advisors during the term of this Agreement. 32. Conflicts of Interest. Client acknowledges that it has received those disclosures set forth and contained within Appendix A attached hereto and incorporated herein by reference. Client further acknowledges that it has been given the opportunity to raise questions and discuss the above-referenced matters with Advisor and that it fully appreciates the nature of these conflicts and corresponding disclosures. Client hereby waives such conflicts. In the event any conflict arises during the term of this Agreement, Advisor will promptly disclose the same. Upon receiving any additional disclosures, Client agrees that it will carefully consider any such conflicts, will seek independent advice if it determines it is appropriate, and will, in a writing executed by Client Representative, specifically acknowledge the conflict(s) and, so long as Client believes that Advisor is able to appropriately manage the above-referenced conflicts, authorize Advisor to proceed with the engagement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Page l0 of 13 2017 06 01 SPRINGSTED INCORPORATED By: Its: Page 11 of 13 2017 06 01 2017 06 01 APPENDIX A OF AGREEMENT CONFLICTS OF INTEREST Contingent Fee. The fees to be paid by the Client to Springsted are or may be based on the size of the transaction and partially contingent on the successful closing of the transaction. Although this form of compensation may be customary in the municipal securities market, it presents a conflict because Springsted may have an incentive to recommend unnecessary financings or financings that are disadvantageous to the Client. For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, Springsted may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Springsted manages and mitigates this conflict primarily by adherence to the fiduciary duty which it owes to municipal entity clients which require it to put the interests of the Client ahead of its own and its duty of fair dealing that it owes to obligated person clients which require it to deal fairly with all persons. Affiliated Entities and Subsidiaries. Springsted's wholly owned subsidiary, Springsted Investment Advisors Incorporated ("SIA") may provide services to the Client in connection with the investment of proceeds from an issuance of securities. In such instances, services will be provided under a separate engagement, for an additional fee. Notwithstanding the foregoing, Springsted may act as solicitor for and recommend the use of SIA, but Client shall be under no obligation to retain SIA or to otherwise utilize SIA relative to Client's investments. The fees paid with respect to investments are based in part on the size of the issuance proceeds and Springsted may have incentive to recommend larger financings than would be in the Client's best interest. Springsted will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity's relationship, a Solicitation Disclosure Statement when Client retains SIA's services and adherence to Springsted's fiduciary duty and/or fair dealing obligations to the Client. Springsted's wholly owned subsidiary, SpringstedlWaters, Incorporated ("SW"), may provide services to the Client in connection with human resources consulting, including, but not limited to, executive search and community survey services. In such instances, such services will be provided under a separate engagement, for an additional fee. Certain executives of the Client may have been hired after utilizing the services of SpringstedlWaters and may make decisions about whether to engage the services of Springsted. Notwithstanding the foregoing, Springsted may recommend the use of SpringstedlWaters, but Client shall be under no obligation to retain SpringstedlWaters or to otherwise utilize SpringstedlWaters relative to the Client's activities. Springsted will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity's relationship and adherence to Springsted's fiduciary duty to the Client. Version 2017 06 01 No additional conflicts of interest have been identified by Springsted. To the extent any such material conflicts of interest arise after the date of this disclosure document, Springsted will provide information with respect to such conflicts in the form of a supplement to this disclosure. LEGAL OR DISCIPLINARY EVENTS Springsted is registered as a "municipal advisor" pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the United States Securities and Exchange Commission ("SEC") and the Municipal Securities Rulemaking Board ("MSRB"). As part of this registration Springsted is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving Springsted. Pursuant to MSRB Rule G-42, Springsted is required to disclose any legal or disciplinary event that is material to the Client's evaluation of Springsted or the integrity of its management or advisory personnel. There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations or civil litigation involving Springsted. Copies of Springsted filings with the United States Securities and Exchange Commission ("SEC") can currently be found by accessing the SEC's EDGAR system Company Search Page which is currently available at https://www.sec.gov/edgar/searchedgar/companysearch.html and searching for either Springsted Incorporated or for our CIK number which is 1613940. The MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that describes the protections that may be provided by MSRB rules and how to file a complaint with the appropriate regulatory authority. Page 13 of 13 2017 06 01 Exhibit A. __--,".- . -J ii r , ..- i a• 1 • i ^G?4 + kill , _._.-4 iiiitrifyi ,_ v ig i .......& , . L,„„,.,. ., ..... �. ile' Proposal City of Eden Prairie, Minnesota Proposal to Provide Post Issuance Compliance Advisory Services August 30, 2013 Table of Contents LETTER OF TRANSMTTAL A QUALIFlCATIONS 1 History and Leadership 1 Our Clients 1 Primary Contact 3 IRS and Agency Experience 6 Compliance Experience 7 Continuing Disdosure 7 Arbitrage Compliance 8 Support Services Capabilities 9 B PROPOSED FEES 13 RESUMES APPENDIX I SAMPLE ARBITRAGE REPORT APPENDIX II SAMPLE OF CONTINUING DISCLOSURE WORT( APPENDIX III IVission Statement Springsted provides high quality, independent financial and management advisory services to public and non-profit organizations, and works with them in the long-term process of building their communities on a fiscally sound and well-managed basis. Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,NN 55101-2887 Springsted Tel: 651-223-3000 Fax: 651-223-3002 wwwspringsted.00n LETTER OF TRANSMITTAL August 30,2013 Ms. Sue Kotchevar, Finance Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Re: Request for Proposal to Provide Post Issuance Compliance Advisory Services Dear Ms. Kotchevar: Springsted Incorporated is pleased to have this opportunity to submit a proposal for post issuance compliance advisory services. We have enjoyed working with the City in the past on various projects and look forward to the opportunity to do so again. Tax-exempt finance is our specialty. We are involved in this type of work through our continuing disclosure and arbitrage compliance areas, and in the work that we do on behalf of clients in structuring and selling their bond transactions. We deal with regulatory issues all day, every day. We have a depth of personnel—both in our compliance areas and in our staff of technical public finance professionals. While we have assigned a specific team to address your compliance needs, we have a broad staff of financial analysts that can be called upon to assist, as needed. Due to increasing levels of client work and IRS audit activities,we have been increasing our staffing levels in the arbitrage compliance area. Some of the staffing additions are introduced to you within this proposal and we would like to draw your attention to their credentials. In addition to Springsted's seasoned public finance professionals, our compliance group includes professionals holding a CPA, a masters in finance and a bachelors in accounting. Our focus is not to just"do the numbers,"but to provide consulting assistance that will: • Aid the City in development of a comprehensive compliance policy, including procedures, responsibilities,record retention, etc.; • Minimize the financial impact of compliance through the accurate and resourceful application of regulations; • Help you determine how to best track information going forward to minimize the future burden of compliance; • Assist with ideas on investments that will simplify reporting and/or reduce rebate obligations; and • Provide tracking services going forward to help avoid interest and penalty expense. Public Sector Advisors City of Eden Prairie,Minnesota August 30,2013 Page 2 Through the ongoing development of our compliance practice, Springsted has already incorporated valuable solutions to the standard problems of tracking individual issue responsibilities into its service offering. To provide you with accurate,timely notifications,we have a well-established database system that helps manage the timing requirements for our clients through its tickler system. It also keeps historical information at the ready, so that we can quickly respond to your questions. Tested by time,this system is undergoing enhancement to be able to provide you with better information relative to your upcoming reporting requirements. Springsted's specialized service offerings in continuing disclosure and arbitrage compliance provides a wide range of options to fit your needs. Thank you for your consideration of our firm. Respectfully submitted, Terri Y. Heaton, CIPFA, Senior Vice President Client Representative kmd Scope of Services from RFP • Assist with the development of post-issuance compliance policy and procedures. These would include the following: o Establishing responsibilities o Documenting important information o Monitoring changes o Investment strategy o Monitoring rebate • Assist with any initial one-time procedures to ensure the City is in compliance with its policy and procedures. Assist with on-going procedures identified in the policy to be completed by the advisor in the timeframe also identified in the policy. • Compile and assist with the distribution of an annual report for submission to all nationally recognized municipal securities information repositories and the state information depository, if one is designated, and the Municipal Securities Rulemaking Board, as required by the provisions of the specific issue; • Monitor material events through periodic requests for information and assist with the disclosure of material events; • Advise on arbitrage and/or rebate provisions; • Monitor funds subject to arbitrage restrictions and calculate rebates. • Perform arbitrage calculations as needed. Qualifications 1 A (qualifications . Frm's experience with scope of work identified above in the State of Minnesota. History and Leadership Springsted is one of the largest and most established independent public sector advisory firms in the United States and is the largest within Minnesota. For nearly 60 years,we have continually grown in the range of our client relationships,the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing clients with a balance of national perspective and local expertise. Springsted is a women-owned business and is certified as a Women's Business Enterprise("WBE")by the City of Saint Paul,Minnesota. Three employee-owners lead Springsted. Our headquarters are located in Saint Paul,Minnesota,with additional offices located close to our clients throughout the Midwest and Mid-Atlantic states. Specifically, our regional offices include Milwaukee,Wisconsin; Des Moines, Iowa; Kansas City,Missouri;Richmond,Virginia; Los Angeles, California; and Denver, Colorado. Our aients • Cities,Towns,Townships States in gold reflect dient locations and Villages Areas with stars reflect regional offices • Counties • Special Service Districts • Non-Profit Organizations d �. • Hospitals -- 1 / • Economic Development, Redevelopment and Port - r Authorities • s� • Electric and Water Utilities y • Higher Education Authorities • School Districts • Housing Authorities 2. Experience of the firm with jurisdictions of comparable characteristics to the City of Eden Prairie. Springsted has had the great fortune to partner with all types of cities— from Saint Paul to Baudette—in Minnesota over the past 60 years. We currently serve as Financial Advisor to over 80 cities within Minnesota,most of whom we have served for decades. This long standing financial advisory prominence demonstrates our continued commitment to Minnesota cities and their long-term acknowledgement of Springsted's ability to help them be successful. These experiences allow us to bring best practices to the cities with whom we partner. Springsted city of Eden prairie,Minnesota.Ruµusal to Provide Post issuance Compliance Advisory services Qualifications 2 Below is a sampling of cities with comparable characteristics to the City of Eden Prairie. First Tier Metro Suburbs • Brooklyn Center • North Saint Paul • Crystal • Oakdale • Golden Valley • Robbinsdale • Maplewood • Roseville Second Tier Metro Suburbs and Exurbs • Becker . Lino Lakes • Blaine • Minnetonka • Bloomington • New Prague • Chaska • North Branch • Delano • Rosemount • Eagan • Savage • Excelsior • Shakopee • Ham Lake • Shoreview • Hugo • White Bear Township • Lakeville Minnesota Regional Centers • Alexandria • Moorhead • Austin • Red Wing • Brainerd • Rochester • Detroit Lakes • St. Cloud • East Grand Forks • Virginia • Grand Rapids • Willmar • Hastings • Winona 3. Identify the primary contact to be assigned to wont with the Oty.List the qualifications and experience of the individual. If more than one person is assigned identify the senior level contact. Include resumes for all financial advisor staff listed as contacts for the Oty. Springsted has carefully selected Eden Prairie's Service Team to include some of our most senior and highly trained staff to demonstrate our commitment of personal and professional responsibility for the services and outcomes for the City. Ms. Terri Heaton, Client Representative,will be the lead to the City, coordinating Springsted's efforts. Springsted at of Eden Prairie,Minnesota.Raul to Provide Post Issuance Compliance Advisory Services Qualifications 3 Primary Contact Ms. Terri Heaton Senior Vice President and Client Representative Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,Minnesota 55101 Office: 651-223-3022 E-mail: theaton@springsted.com QTYOF EDEN PRAIRIE,MNNESOTA TERRI II• ATON SENIOR VICE PRESIDENT LEAD CLIENT REPRESENTATIVE ARBITRAGE AND REBATE INVESTNENf ADVISORY CONTINUING DISCLOSURE SERVICES SERVICES SERVICES SHELJ NEss,CPA TERRY KRASER GERALD SORENSON DIRECTOR OF DEBT SENIOR VICE PRESIDENT DIRECTOR OF BOND SERVICES luL4NAGENENT INVEST VENT CONSULTANT ARBITRAGE CONPLIANCE — — — — KYLE ERASE WENDY OLSON FINANCIAL ANALYST BOND SERVICES ANALYST LORA MARTIN ASSOCIATE FINANCIAL ANALYST Terri Y.Heaton,CIPFA Senior Vice President and Client Representative Ms. Terri Heaton joined Springsted Incorporated, fl Independent Financial Advisors, Saint Paul, Minnesota, in 2002 as a Senior Vice President, concentrating her efforts as principal advisor to cities and counties. She serves clients in the Midwest, assisting them in attaining their financial goals through effective public finance, economic development, operational and structural alignment, investment strategies and developing strong human resource teams. Ms. Heaton has over 30 Springsted City of Eden prairie,Minnesota.%visa]to Provide Post Issuance Compliance Advisory Services Qualifications 4 years of experience in local government finance and economic development. She has assisted issuers in developing unique and complex financings using tax increment, abatement, conduit debt,tax credits,Build America Bonds, (BABs),recovery zone facility bonds(RZFBs)and other funding structures for public and private development. Heaton has assisted in the issuance of over 500 bond issues to finance government facilities,roads and streets, utilities, economic development projects,hospitals,theaters,community centers, civic centers, airports,transportation systems and park and recreation amenities. She assists clients in procedures and policies for post issuance compliance. Ms Heaton currently serves as Vice President of the National Association of Independent Public Finance Advisors. Shelli A.Ness,CPA Vice President and Director of Debt Management Ms. Shelli Ness has been with Springsted since 2012. She has the financial management experience and technical knowledge to successfully assist clients with the complex IRS P regulations that issuers of tax-exempt debt must Lcomply with. Ms.Ness has an uncanny ability to translate complex tax code into easily understood concepts. She is a Certified Public Accountant,with strong numeric aptitude, great attention to detail and a broad knowledge base. Kyle R.Frase Financial Analyst Mr. Kyle Frase has been with Springsted since 2012. He has worked in the bond industry in all facets from issuance to research and trading. Kyle has recently earned his MBA in Finance from ffiliiil l Mississippi State. He combines the theoretical concepts with real world experience to provide solid decision making with regard to the complex world of tax-exempt arbitrage compliance. Lora S.Martin Associate Analyst Ms. Lora Martin has been with Springsted since 11 2007 and currently shares her time between the Bond Services and Debt Management Departments as an Associate Analyst. Ms. Martin is responsible for providing support to the Bond Services Analysts by updating and verifying client's debt. In the Debt Management Depac indent, she is responsible for data collection and performing analytics related to arbitrage compliance. She is also available to assist clients with record keeping requirements and Springsted City of Eden prairie,Mnnesota.PruPuoal to Provide Post issuance Compliance Pdvisory services Qualifications 5 compliance with IRS reporting deadlines. Ms. Martin holds a Bachelor of Science Degree in Business Administration—Accounting from Northern Michigan University. Prior to her time at Springsted, she served as an accountant for nine years in the private sector. Theresa"Terry"Kraser Vice President and Consultant Ms. Terry Kraser directs Springsted Investment fl Advisors, a wholly-owned subsidiary of Springsted Incorporated. Ms. Kraser brings over 30 years of experience in municipal finance,with 23 years specializing in cash management and investing municipal bond proceeds. Ms. Kraser works solely on our clients' behalf to develop and implement well-conceived and prudently executed investment programs. Gerald H. "Jerry" Sorenson Director of Bond Services Mr. Jerry Sorenson brings his knowledge and administration skills to our Bond Services Group. ..; As Director,he oversees our team of analysts and A. administrative support personnel as they prepare VIP Official Statements and conduct bond sales for tax- i. exempt and taxable financings. Mr. Sorenson was aa4 previously a finance director, director of administrative services and assistant and interim city manager. He has overseen Finance Departments and Human Resources Depai tiuents, as well as Data Processing and Operations Depai tinents. He is a recipient of the 2002 League of Minnesota Cities C.C. Ludwig and Leadership Award,which recognizes one elected official and one municipal employee annually for their leadership and contributions to improving their municipality, improvements to municipal government and leadership and service to their citizens and communities. He has a bachelor's degree in Accounting and Business Administration from the University of Minnesota—Moorhead. Wendy M. Olson Analyst Ms.Wendy Olson prepares disclosure documents and coordinates the sale and closing of the Bonds. This requires working with the Issuer,bond counsel,underwriter counsel and others to incorporate comments into the documents. Since 2010,Wendy's emphasis has been preparing and filing secondary disclosure reports. Prior to becoming an Analyst,Ms. Olson was an Administrative Assistant and an Associate Analyst at Springsted. Ms. Olson also administers the secondary disclosure program. Full resumes are provided in Appendix I. © Springsted aty of Eden Rairie,Minnesota.Ruµsal to Provide Post Issuance Compliance Advisory Services Qualifications 6 Compliance services offered by Springsted are under the direct management of the firm's president,Kathleen Aho. Ms. Aho is available to assist the team as necessary. Kathleen A.Aho,CIPFA President and Client Representative Ms. Kathleen Aho has been a principal of the firm since 1993. She has a reputation for developing f4 creative solutions for managing today's most challenging financial issues, such as housing, Noli-NO IIII economic development, advance refunding, sales and/or special tax-backed financings and enterprise C management. In over 30 years of experience as an advisor to the public sector, she has served as manager on hundreds of financing assignments that involved both taxable and tax-exempt obligation transactions. Ms.Aho is the president of the Minnesota Institute of Public Finance and a past president of the National Association of Independent Public Finance Advisors, currently chairing the organization's Standards,Ethics and Certification Committee. 4. Experience dealing with the IRS and other applicable agendes. IRS and Agency Experience Springsted is well versed in dealing with the IRS and other applicable agencies, such as the SEC and MSRB. Recently,we were able to encourage the Service to revisit their approach to application of yield reduction payments as made by a state agency. Assisted by Faegre Baker Daniels LLP,we were able to prevail in our argument and avoid interest and penalty expenses by successfully supporting our approach and calculation result. We have observed increased frequency of IRS Requests for Examination in recent months. On multiple occasions,we have consulted with our clients and assisted in the preparation of their responses to the IRS with successful outcomes. The allowed response time is aggressive,with most responses required approximately ten days from the letter date. Our staffing levels have allowed us to quickly respond to our client's needs. Springsted has extensive experience with filing annual reports via EMMA, as well as communicating any issues/concerns that arise with MSRB. Our ongoing communications with broker/dealers also gives us insight to the regulatory and internal compliance pressures under which they operate. By working constructively with them to help resolve the issues that continuing disclosure requirements place on them,we are also helping our clients. Addressing continuing disclosure appropriately not only avoids contract and compliance issues,it helps an issuer present itself better to the marketplace each time it issues new bonds. Springsted aty or Eden prairie,Minnesota.Ruµusal to Provide Rost issuance Compliance Advisory Services Qualifications 7 5. Outline the firm's experience in providing continuing disdosure/arbitrage rebate rranagerrent services as outlined in the Scope of Services. Compliance Experience On average over the last ten years, Springsted has managed 360 bond transactions per year as a financial advisor. Providing continuing disclosure and arbitrage services has evolved naturally from our financial advisory business. Originally provided on an as-needed basis, Springsted's post issuance compliance consulting has evolved into a fully-staffed service unit. Continuing Disclosure Under SEC disclosure regulations, effective July 3, 1995,underwriters may not purchase or sell bonds in new offerings of more than$1 million unless the issuer or obligor will sign a written agreement to provide annual financial and operating information, and notice of material events to the public. In addition,brokers or dealers must have procedures in place to review information before recommending sales of securities. Annual financial information includes audited financial statements, Springsted will send semi- budgets, and for general obligation issues,the primary operating annual surveys to aid the data,which is information related to property values, debt service, City of Eden Prairie in tax rates, levies and collections. Notice of material events includes meeting the material event such things as delinquencies, defaults,unscheduled draws on debt filing requirement. service, credit enhancement draws, adverse tax opinions,bond calls and rating changes. Beginning July 1,2009,the Securities and Exchange Commission (SEC)designated the Municipal Securities Rulemaking Board(MSRB) as the official repository for municipal securities continuing disclosure filings under SEC Rule 15c2-12. The MSRB created the web portal, Electronic Municipal Market Access(EMMA) system,to serve as the centralized repository. Springsted provides approximately 200 clients with continuing disclosure services,with sixty-five percent(65%)of these clients located in Minnesota. We employ an experienced fulltime analyst that is dedicated to assisting clients in the compilation and distribution of their annual report and any applicable operating data to the proper reporting agencies. We successfully monitor material events though semi-annual electronic requests for information. Springsted has the personnel and systems to aid the City in its compliance with the undertakings and SEC requirements. Springsted aty of Eden prairie,Minnesota.Rupuzal to Provide Rost Issuance Compliance Advisory services Qualifications 8 Arbitrage Compliance Springsted personnel have provided arbitrage-related services since yield restriction provisions were first applied to industrial revenue bonds, pre-dating most issuers' awareness of these regulations. At that time,our work was performed primarily for major trustee banks. With the advent of rebate responsibilities for general governmental bond issues in 1986, our arbitrage practice was expanded to provide services to governmental issuers, as well as bond trustees. In just the past two years, Springsted has completed approximately 700 arbitrage calculations for various municipalities, colleges,universities and nonprofit groups, and our practice continues to grow. Of the calculations performed, approximately ninety percent(90%)are for clients located in the State of Minnesota. Our rebate staff is centralized in our Saint Paul corporate headquarters. We work directly with Faegre Baker Daniels LLP,in consultation regarding legal issues. Much of our work can be coordinated through telephone,written, and electronic communications; however, site visits are scheduled, as needed. Specific Springsted personnel are dedicated to arbitrage analysis and are responsible for maintaining the integrity of the service. We know that oftentimes assistance is needed that goes beyond the calculations themselves. Therefore, our service is aligned to assist clients in meeting the information needs of rebate reporting on a timely and complete basis. Recent staffing additions and the credentials they bring are helping us to better meet client's timing needs by adding additional capability and availability to our compliance team. We encourage you to review our compliance staff's credentials as presented in Appendix I of this proposal. Every Springsted arbitrage client and their bond issues are entered into our Compliance Database. This database enables us to electronically track the rebate history of each client and issue, including impending computation dates. Clients are notified in advance of information needs. Issues are assigned to specific arbitrage analysts,with work coordinated to assure consistency and timely completion. Springsted has dedicated full-time personnel to our arbitrage practice and employs a Compliance Database to enhance our ability to serve clients and manage their reporting timelines. The database also records historical activity,helping us respond to issuer questions and appropriately manage record retention. Springsted manages the arbitrage compliance area to provide on-going value-added services to our clients. In addition to our efforts to help clients manage their reporting requirements through our database development,we are available to assist our compliance clients think through the implications of the arbitrage regulations on emerging financings and investment practices. Springsted aty of Eden prairie,Minnesota.Ruµusal to Provide Rost issuance Compliance Advisory services Qualifications 9 After bond issuance,we consider it our goal to assist arbitrage clients in minimizing their financial obligation within the confines of the federal rules. This sometimes involves closer inspection of expenditures when attempting to meet the spend-down tests. It could involve adjusting computation dates or reassessing allocation options. Evidence of our success in this area is a case where a new compliance client converted to Springsted after having used a major accounting firm. Our familiarity with the design of tax-exempt bond issues enabled us to better interpret the nature of certain funds and reduced the client's rebate obligation by over$250,000. A second very recent example occurred within the context of an IRS audit during which we were able to encourage the Service to revisit their approach to application of yield reduction payments as made by a state agency. Assisted by Faegre Baker Daniels LLP,we were able to prevail in our argument and avoid interest and penalty expenses by successfully supporting our approach and calculation result. Some of the more complex reports we deal with are single family revenue bond transactions,where multiple prior issues are refunded on multiple dates; or in the case of municipal utilities that maintain parity reserve funds where original proceeds are tracked through multiple refunding issues. In these cases,we have been able to provide assistance to the bond trustees or the issuer,helping to interpret their fund accounting responsibilities correctly to ensure compliance with the bond terms and that transferred proceeds issues are treated correctly. Springsted has the knowledge,resources and systems in place to successfully assist the City of Eden Prairie with its arbitrage compliance needs. 6. Summarize the firms support services capability(i.e.computer printing,word processing,graphics,etc.)and whether these services are done in-house or are contracted out. Support Services Capabilities Springsted produces its documentation including graphics and other documents internally. In the compliance area,there has never been a need for high-test, externally produced graphics,but if one developed we can work with the City to identify a suitable provider. Springsted has a document publishing center with high capability printing, scanning and copying equipment. Integration of computing and printing capabilities allows all documents except extremely large,bound materials to be produced internally, giving us complete control over both quality and timing of production. Springsted aty of Eden prairie,Mnnesota.Rupuzal to Provide Rost Issuance Compliance Advisory services Qualifications 10 Technology Systems The backbone of these service areas is our hardware and software resources that are managed by Springsted's dedicated professional personnel in our Information Technology(IT)division. This division maintains the technology infrastructure and multi-media personal computer(PC)environment that keeps every desktop and field professional connected to our clients and our systems. Our IT staff provides in-house expertise from system design and evaluation to "nuts-and bolts"maintenance. We have levels of redundancy in place to prevent the loss of data in our primary computing, as well as a loss of network connectivity,to avoid interruptions in our ability to serve client's extremely time-sensitive needs, such as competitive bond sales. Our PC environment is standardized on the Microsoft®Office suite of desktop applications. Although we use Microsoft®file formats,we maintain compatibility with a wide variety of previous-version and non-Microsoft®file formats to allow file sharing with clients. Our bond sizing and structuring work is supported by MUNEXTM software, an industry standard. Our modeling of individually tailored and highly complex financing issues is maintained on a refined suite of Springsted-developed Microsoft®Excel workbook templates, as well as a suite of Springsted custom programs to provide primary calculation and accuracy safeguards. Information Resources Timely access to information is key to our ability to advise our clients in the ever-changing public finance industry. In today's electronic environment,timeliness has taken on a more accelerated dimension. Springsted maintains online services with a number of the national industry market information resources. These online services include Bloomberg®for multi-dimensional market rate and financial news services,Municipal Market Data(MMD) for daily market interest rate scales and Thomson Financial"'for general market data. Statistical profiles are immediately accessible by our staff in working with our clients. These online systems complement Springsted's additional resources, such as our ongoing access to each of the three rating agencies,to state and federal regulatory agencies via the Internet and to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system(EMMA). These resources provide us with current information,not only to manage any bond sale process with national or regional investment banking firms,but also to provide for the larger public finance informational needs of our clients. Springsted aty of Eden prairie,Minnesota.Ruµusal to Provide Rost issuance Compliance Advisory Services Qualifications 11 Communication Capabilities With the timeliness of information being critical, communication becomes central to our working partnership with our clients. Our electronic communication capabilities provide our clients with a multiplicity of access points. Our perspective of a working partnership with our clients causes us to interact often in the preparation and updating of financial models and documents. Our electric communication capabilities permit us to run tandem systems in these areas for the efficient and timely exchange of information. We encourage you to review our website at www.springsted.com. The site offers a wealth of features, including Official Statements for upcoming sales,general market news and links to other public finance sites. Electronic record backup Springsted client records have been systematically stored electronically since the 1990's. The systematic storage of client data provides a library resource at every desktop and has nearly eliminated new permanent paper files in our office. A benefit in addition to immediate access is that our electronic records are routinely backed up,both on-site and off-site, providing Springsted with a means of retrieving lost records. Not only does this provide important security for our purposes,but our retrieval system has also been used by clients in their own emergency preparedness plans. 7. Describe the process by which your firma!acquire a\nuking knowledge of the City's outstanding debt so as to be able to ad'ise the Oty. In order to prepare for submitting our proposal,we have already begun educating ourselves about the City. We have reviewed: • 2012 Comprehensive Annual Financial Reports • Outstanding Debt available on Bloomberg and EMMA • The Official Statements of outstanding EMMA reported issues to determine which issues are conduit bonds • Created an electronic MUNEXTM file(industry specific software) of the City's outstanding debt We would recommend a kick-off meeting with key staff and our team leads to allow for interaction, opening up the communication lines, and clearly identifying objectives and timing prior to commencing any work. This also permits an opportunity to verify observations that we may have and to hear first-hand if there are specific objectives that the City needs to have addressed and what the priorities are. Springsted (Sty of Eden Prairie,Minnesota.Ruµsal to Provide Post Issuance Compliance Pdvisory Services Qualifications 12 While reading and interpreting data is an area we excel in, it's the relationship and partnering with a community that really leads to success. Our goal is to meet with representatives from the City as soon as possible, should we be selected,to better understand the needs and expectations from staff. 8. List of references relating to projects completed for local governments over the past five years with comparable characteristics to the Oty of Eden Prairie,preferably in the State of Minnesota. Provide name,address and telephone number of a contact with the reference govemment. City of Bloomington, Minnesota Ms. Lori Economy-Scholler, Chief Financial Officer leconomy@ci.bloomington.mn.us 952-563-8791 City of St.Cloud, Minnesota Mr. John Norman,Director of Finance john.norman@ci.stcloud.mn.us 320-650-3373 City of Moorhead,Minnesota Ms.Wanda Wagner,Finance Director wanda.wagner@ci.moorhead.mn.us 218-299-5318 City of Golden Valley, Minnesota Ms. Sue Virnig,Finance Director svirnig@goldenvalleymn.gov 763-593-8013 City of Maple Grove,Minnesota Mr. Jim Knutson,Finance Director jknutson@maplegrovemn.gov 763-494-6321 City of Savage, Minnesota Ms. Shelly Kolling,Former Finance Director for the City of Savage, Minnesota,Current Finance Director for the City of Faribault, Minnesota skolling@ci.faribault.mn.us 507-334-2222 Springsted (Sty of Eden Prairie,Minnesota.Raul to Provide Post Issuance Compliance Advisory Services Proposed Fees 13 B. Proposed Fees Arbitrage Compliance Services Springsted proposes the following fee schedule for the City of Eden Prairie,Minnesota. A legal opinion from a nationally recognized bond counsel firm is included in these rates, if applicable. Per Issue Standard Computation—one year period $1,500 Standard Carputation—more than one year $1,500 *plus$400 for each additional year for the first year* Service Fees One-Time Initial Set-Up Legal Report waived (new issues with no prior Report) Fee for completion of IRS Form 8038-Tfor Filing to IRS induded Hourly Supplement Fees: Transferred Proceeds Allocations included** Co-mingled or Pooled Funds Analysis for Consulting Penalty Spending Exception Report Fees(Per Seni-Annual Spend-do n Period without skipped report for any Prior Seni-Annual Spend-down $500 Period * Resultant five year computation fee is$3,100. ** Supplemental work which involves extended time invdverrent will be charged at an hourly rate. Any such cases will be discussed specifically prior to proceeding. The fees quotes provided herein are subject to the provision of adequately detailed information regarding expenditures and investments. All work done to negotiate with or represent the City in audit conversations with the IRS will be done on an hourly basis and is not included above. Springsted will provide, on a complimentary basis,up to five hours per calendar year to assist the City in responding to IRS examinations. Faegre Baker Daniels LLP Attorney $340 "not to exceed"rate applicable to IRS work only Senior Springsted Officer or Rrindpal $220 Officer, Project Manager $190 Finandal Analyst $155 Associate Analyst $145 Springsted Support Staff $65 Springsted Qty of Eden Prairie,rVinnesota.Proposal to Provide Post Issuance Corrpliance Advisory Services Proposed Fees 14 Springsted will pass through indirect costs at actual charges incurred. Such cost will generally include printing, copying and travel expenses, if necessary. Generally,the information regarding the arbitrage-rebate analysis can be gathered over the telephone and by electronic mail, thus travel is seldom required. Unless extraordinary, indirect costs other than travel are generally waived. We would like to preserve the option to charge for these costs;however,we have not to date charged a client separately for indirect costs other than travel. Continuing Disdosure Services (The fees listed below apply to each reporting type. For example, general obligation and utility revenue are each reporting types). Fee Schedule Full or Umited Full Disclosure Disclosure Full Disclosure All Fee Type Report Created By Official Statement Operating Data United Disclosure Advisor With Updated Data Included Within CAFR That Can Be Referenced *Report Preparation and Fling Per $1 300 00 -0- $600.00 $600.00 Type of Obligation Each Debt Obligation Covered by $200.00 $200.00 $200.00 $200.00 Addendum The annual preparation fee is waived in any year in which Springsted serves as the Financial Advisor on a new issue. The $200 per issue fee is capped at 10 issues or$2,000. Based on the current number of issues to report on,the fee would be $3,300, ($1,300 preparation and$200 per issue, capped at 10 issues),or$2,000 if Springsted serves as financial advisor for that type of bond during the reporting year. *Springsted suggests that the City create a historical table for Building Permits within the CAFR, and if done, our annual preparation fee would be reduced to $600,plus the $200 per obligation fee. This is possible because with the addition of building permit information,the City's CAFR will provide all information needed for disclosure for all City general obligation issues. Springsted aty of Eden prairie,Mnnesota.Rupuzal to Provide Post Issuance Compliance Advisory Services Red Fees 15 Springsted will initially confirm with the City all issues,reporting requirements and the date by which filing must be complete. Each year thereafter, Springsted Incorporated will research any new issues, and any issues matured/redeemed to provide a list of outstanding debt as of a given date. Twice each year, an electronic survey, listing the outstanding issues together with a listing of material events will be sent electronically to the City for review. This survey will both solicit information regarding material events and serve as a reminder to notify Springsted Incorporated, should an event take place. In addition, on conduit debt that is registered and a CUSIP number has been assigned, Springsted Incorporated will determine the reporting requirements and advise the City on which issues must be reported on and who is the reporting agency(City, Trustee,Developer, etc.). Going forward,the City may want to require conduit borrowers to provide proof of filing for the City's records, if it is necessary to track. Conduit Issues For conduit issues for which arbitrage and continuing disclosure have not been assigned to other parties or for which the City wants to affirm that those obligation are being met, Springsted will research the requirements of each issue and/or seek affirmation that the requirements have been met. This work will be done on an hourly basis at the rates listed above. Following discussion with the City about any concerns in this area and a detailing of the scope of work, a fee estimate will be provided. If compliance work is ultimately required for an issue or issues,the hourly rates quoted above will apply. Post Issuance Compliance Policy The City has requested assistance developing and implementing a post- issuance compliance policy. If no current policy exists,we can assist with the development of one and barring unusual circumstances,the fee will be$500. If a current policy does exist,we can review it on behalf of the City and,more importantly, discuss how it is being adhered to within the City. This is a good topic for the kick-off meeting suggested in Section 7. Any work requested beyond development of a post-issuance compliance policy will be charged at the hourly rates quoted above. To advance this effort,the first three hours of time needed will be provided without charge. Springsted aty or Eden prairie,Minnesota.Ruµusal to Provide Post issuance Compliance Advisory services APPENDIX I Resumes Terri Y. Heaton Ms. Heaton joined Springsted Incorporated in May 2002 as a Senior Senior Vice President Vice President, concentrating her efforts as principal advisor to cities and Client Representative counties. She is serving clients in the Midwest, assisting them in attaining CIPFA their financial goals through effective public finance management and economic development,managing operational and structural challenges and developing strong organizational management and human resource teams. Ms. Heaton's primary focus is with metropolitan suburbs and regional centers. Ms. Heaton has over 30 years of experience in local government finance and economic development. She has assisted issuers in developing unique and complex financings using tax increment, abatement, conduit debt,tax credits,Build America Bonds, (BABs), recovery zone facility bonds (RZFBs)and other funding structures for public and private development.Work ranges from the simplest general obligation bond to transactions with layers of funding sources and bonding authorities. Heaton has assisted in the issuance of over 500 bond issues to finance government facilities,roads and streets, utilities, economic development projects,hospitals,theaters, community centers, civic centers, airports,transportation systems and park and recreation amenities. Ms. Heaton previously served as CFO for the City of Bloomington and its Port Authority.As a former client, she understands the local government environment and the importance of high quality,thorough and timely financial advice. Education University of St. Thomas, Saint Paul,Minnesota Master of Business Administration Saint Cloud State University, Saint Cloud,Minnesota Bachelor of Science in Accounting Affiliations National Association of Independent Public Finance Advisors (NAIPFA) Board Member(2010-2012) Vice President(2013-2014) Minnesota Institute of Public Finance. (MIPF) Government Finance Officers Association(GFOA)— National and State Associations League of Minnesota Cities Association of Minnesota Counties Minnesota City/County Management Association Economic Development Association of Minnesota(EDAM) Public Employees Retirement Association(Past President) Professional Certified Public Accountant(inactive license) Certified Independent Public Finance Advisor Kathleen A Aho Ms. Aho joined Springsted in 1990 and has been a principal and president President since 1993. Immediately prior to joining Springsted, she was principal and Client Representative president of Public Financial Systems, Inc. of Minneapolis, a firm that CIPFA merged with Springsted in 1990. In addition to representing her clients, Ms. Aho is responsible for developing new service areas, establishing standards and procedures for Springsted's service delivery and promoting professional development of staff. She has over 30 years of experience as an advisor to the public sector. Interspersed in Ms.Aho's long career providing consulting services to the public sector, she has also developed and marketed computer software to the financial industry. She has served as elected chair of a Minnesota school board, a member of her City's planning commission and worked as business manager of a metropolitan area school district. Ms. Aho frequently speaks on public finance-related issues at national conferences and symposiums and is actively involved in professional organizations that address the needs of the public sector. Among Ms. Aho's professional affiliations, she is an initial member and past president of the National Association of Independent Public Finance Advisors and a Certified Independent Public Finance Advisor (CIPFA). She is a current member and past president of the Minnesota Institute of Public Finance. Education University of Minnesota,Minneapolis Bachelor of Science,Mathematics Practicing Law Institute Securities Related Programs University of Minnesota,Minneapolis Carlson School of Management Affiliations Minnesota Institute of Public Finance— Past President,Board Member 1985-present National Association of Housing and Redevelopment Officials National Association of Local Housing Finance Agencies Government Finance Officers Association National Association of Independent Public Finance Advisors (NAIPFA)—Past President,Board and Professional Member Council for Urban Economic Development Economic Development Association of Minnesota Former member of the Budget and Finance Committee of Ecumen (non-profit senior housing development) Pnlesslonal Certified Independent Public Finance Advisor Successfully sat for Series 7 and Series 66, 1999 Shell!A Ness, CPA Ms.Ness joined Springsted in 2012. Her initial focus will be in the area Vice President of post issuance compliance with Internal Revenue Service regulations as Director of Debt Management they relate to arbitrage. She will assist clients by translating complex tax code into easily understood concepts and guide them in reporting and record keeping requirements. Prior to joining Springsted,Ms.Ness worked as a Controller,where she had overall authority for the financial operation of a privately held organization. Areas of specialty include Cash Management,Financial Analysis,Audit and Compliance. Ms.Ness also has significant experience in the banking and public accounting sectors. She brings over 20 years of experience to Springsted. Education Augsburg College,Minneapolis,Minnesota Bachelor of Arts,Business Administration(Accounting) Affiliations Minnesota Society of Certified Public Accountants Former board member and Treasurer of Community Partnership for Youth and Families Professional Certified Public Accountant, State of Minnesota Kyle R Frase Kyle Frase has been with Springsted since 2012. He has worked in the Financial Analyst bond industry in all facets from issuance to research and trading. Mr. Frase has in-depth experience researching economic trends, financial statements and investment opportunities.He consistently applies business analysis and critical thinking skills to develop new systems and enhance existing operations. Kyle combines the theoretical concepts with real world experience to provide solid decision making with regard to the complex world of tax exempt arbitrage compliance. Prior to joining Springsted,he was the Vice President—Research for Yieldquest Advisors in Atlanta,Georgia where he developed and implemented derivative research and analytical tools providing the ability for firm to claim a core competency in derivative trading. He was accountable for the design of programs to analyze and track foreign exchange, fixed income and derivative investments. He also extensively researched financial statements in order to assess corporate health and determine investment suitability. Education Mississippi State University,Mississippi State,Mississippi Master of Business Administration University of Minnesota,Duluth,Duluth,Minnesota Bachelor of Business Administration—Finance Lora S Martin Ms. Lora Martin has been with Springsted since 2007 and currently Associate Analyst shares her time between the Bond Services and Debt Management Departments as an Associate Analyst. Ms. Martin is responsible for providing support to the Bond Services Analysts by updating and verifying client's debt. In the Debt Management Department, she is responsible for data collection and performing analytics related to arbitrage compliance. She is also available to assist clients with record keeping requirements and compliance with IRS reporting deadlines. Prior to joining Springsted,Ms. Martin worked as an accountant for nine years in the private sector. Education Northern Michigan University,Marquette,Michigan Bachelor of Science Degree in Business Administration— Accounting Theresa "Terry"Kraser As Director of Springsted Investment Advisors("SIA"),Ms. Kraser is Vice President responsible for delivering investment services to clients nationally. Consultant Services provided include the investment of operating funds and bond proceeds, cash management,policy development, competitive selection of investments and portfolio managers and other consulting engagements related to investment activities. Ms. Kraser bring over 30 years experience in municipal finance,with the last 23 years specializing in cash management and reinvesting bond proceeds for public entities. She has extensive experience in the areas of cash flow analysis, investment concepts and the execution of investment plans. Terry has been involved with investing public funds since 1990. She was the President/Owner of Dominion Capital Group,Inc. She provided advisory services to municipal clients for transactions involving tax-exempt and taxable energy,health care,public education, single-family,multi-family and military housing, transportation, stadiums,urban development and other revenue producing public projects. Ms. Kraser also served as Vice President for Stifel,Nicolaus&Company,Incorporated in Denver, Colorado. Professional Series 65 Registered Investment Advisor Affiliations Denver Urban League—Current Member Public Education and Business Coalition—Mentor Denver Inner-city Christmas Party—Coordinator Gerald H. Sorenson Mr. Sorenson joined Springsted Incorporated in 2007,bringing his in-depth Director of Bond Services knowledge and administration skill sets to our Bond Services Group. As Director,he oversees our team of analysts and administrative support personnel as they prepare Official Statements and conduct bond sales for tax-exempt and taxable financings. Under the direction of Mr. Sorenson,the Bond Services group continues to improve and update Springsted processes and methodologies to respond to ever evolving legal and market requirements. Mr. Sorenson was with the City of Moorhead,Minnesota for 37 years where he was finance director, director of administrative services and assistant and interim city manager. He has a hands-on understanding of the challenges that face our clients. He has overseen Finance Departments and Human Resources Departments, as well as Data Processing and Operations Departments,where he directed the assessment process and fleet management. Subsequent to his work with the City of Moorhead,Mr. Sorenson has provided consulting services to Moorhead and other cities. In 2002,the League of Minnesota Cities honored Mr. Sorenson with the C.C. Ludwig and Leadership Award. This award recognizes one elected official and one municipal employee annually for their leadership and contributions to improving their municipality, improvements to municipal government and leadership and service to their citizens and communities. Education University of Minnesota Moorhead,Moorhead,Minnesota Bachelor of Science degree,with a double major in Accounting and Business Administration Affiliations Certified City Clerk while with the City of Moorhead,Minnesota: Minnesota Government Finance Officers Association International Government Finance Officers Association League of Minnesota Cities Served on the Revenue Resources Committee Vl ndy Olson Ms. Olson is an Associate Bond Services Analyst, focusing on writing Associate Bond Services Analyst disclosure documents to satisfy the requirements of the Securities and Exchange Commission(SEC)and on the legal aspects of bond issuance. She is responsible for compiling,researching and securing all information to write the Official Statement, conducting the competitive sale and compiling sales results and reviewing and editing all legal documents prepared by bond counsel for the closing and settlement of the transaction. Ms. Olson administers Springsted's continuing disclosure program, inclusive of preparing and filing all continuing disclosure documents. She works with general obligation,revenue, lease and conduit financings with an emphasis in Minnesota,Wisconsin,North Dakota, Iowa and Missouri. Ms. Olson has been with Springsted since 1991 as an administrative Assistant,Associate Analyst, and since 2011 as an Analyst. Education U.S. Army, Telecommunications Center Specialist APPENDIX II Sample Arbitrage Report Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,IVN 55101-2887 Springster Tel: 651-223-3000 Fax: 651-223-3002 wwvv.springsted.com August 12,2013 Ms Sue Vimig, Finance Director Oty of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Arbitrage Compliance-Rebate and Yield Reduction Report Oty of Golden Valley, Minnesota $6,680,000 General Obligation Improvement Bonds, Series 2008A Dear Nis Vimig: Issuers of tax exempt bonds must oo rply with certain post issuance requirements related to rebate and yield restriction under the IRS Code, Treasury regulations, and related rulings (together, the "Arbitrage Rules"). This Report has been prepared relative to the bonds named above(the"Bonds")and determines if there are any excss earnings liabilities under the Arbitrage Rules for the Reporting Period. The Summary Statement of Findings/Instructions (the "Surirrrary') immediately following this letter is provided for your convenience only and should be considered within the context of the entire Report. Events including, but not United to, the passage of time, additional investment activity, and changes to the Arbitrage Rules that occur after the date of this Report may affect the outcome of subsequent deteminations. This Report relies solely on information provided by the issuer or its designee/s to be a complete and accurate accounting of funds and investment activity required to be tracked under the Arbitrage Rules. Please call Kyle Frase at (651)223-3019 if you have any questions regarding this Report or if you need any additional information. Respectfully submitted, spn h/i,G1St-ea llrl,Gn-porat-ea SPRI NGSTED Incorporated Endosure(s) Arbitrage Compliance—Rebate and Yield Reduction Report Summary Statement of Findings/Instructions Issuer: City of Golden Valley, IVinnesota Issue: $6,680,000 General Obligation Improvement Bonds, Series 2008A Dated Date: June 15,2008 Date of Issue: June 26,2008 Date of this report: August 12,2013 Reporting Period: June 26,2008 through and including June 26, 2013 Type of Computation: Formal Corrputation Date(liability, if any, must be paid) Excess Earnings: There are no excess earnings as of the end of this Reporting Period and no payment is due at this time. Important Dates: You have requested that calculations be done every five years. Payment of excess earnings, if any, is only required to be made on five year computation dates, upon maturity or early redemption. In the event that an excess earnings determination is made in the future, a payment on this issue will be due no later than the earlier of i) 60 days from June 26, 2018 or ii)60 days from the date of redemption if the Bonds are paid in full in advance of their maturity. Unless we are otherwise notified by you of an early redemption,the next calculation for this transaction is scheduled for June 26,2018. See the balance of this report for the details of this determination. Springsted Page 1of4 Arbitrage Compliance—Rebate and Yield Reduction Report Table of Contents BOND YIELD 3 FUNDS AND ACCOUNTS 3 ORIGINAL PROCEEDS 3 24-Month Spending Exception 3 DEBT SERVICE FUND 4 Bona Fide Debt Service Fund 4 SUIVIVIARY—EXCESS EARNINGS DE ERMNAIION AND PAYMENT OBIJGAIION 4 No Liability 4 ADDITIONAL INFORMATION 4 Springsted Page2of4 Arbitrage Compliance—Rebate and Yield Reduction Report Discussion Bond Yield This report contains a schedule demonstrating the derivation of the Bond Yield. The Bond Yield has been determined to be not less than 4.1050041%. Funds and Accounts The Arbitrage Rules require tracking of investments and expenditures of various defined "proceeds" of the Bonds, including but not limited to the original proceeds, funds established for the payment of debt service, a debt service reserve fund or other funds pledged to the Bonds, and the investment earnings on any such amounts. The funds and accounts reported for this determination include the following: Fund or Account Report Discussion Section Project or Construction Original Proceeds Debt Service Debt Service Fund Original Proceeds 24-Month Spending Exception: The Arbitrage Rules provide an exception from the rebate requirements for available construction proceeds if at least 75%of such proceeds are used for construction purposcs and if such proceeds are allocated to expenditures for a govemrrental purpose of the issue in accordance with the following spending criteria: (a) At least 10%of the available construction proceeds were spent within six months after the Date of Issue; (b) 45%of such proceeds were spent within one year; (c) 75%of such proceeds were spent within 18 months; and (d) 100%of such proceeds were spent within two years. The 100% expenditure requirement within two years is treated as met if a reasonable retainage amount, not to exceed 5%, is spent within three years after the Date of Issue. During the Reporting Period, available gross proceeds of the Issue allocated to expenditures for a governmental purpose were expended in accordance with the spending criteria above. Therefore, the Issue qualifies for the 24- rronth spending exception and has been excluded from the excess earnings calculations for rebate. © Springsted Page3of4 Debt Service Fund A bona fide debt service fund is a fund or combination of funds that are used primarily to achieve a proper r11alching of revenues with debt service payments due within each bond year. It must be depleted once a year except for a carryover amount that may not exceed the greater of i)the earnings on the fund for the immediately preceding year or ii) 1/12 of the principal and interest due in the immediately preceding year. A bona fide debt service fund is not subject to yield restriction. In addition, if the fund is bona fide and earnings on the fund do not exceed$100,000 for the bond year,the fund is not subject to rebate. An issue with an average annual debt service that is not in excess of $2,500,000 may be treated as satisfying the$100,000 limitation. Any issues with an average maturity of at least five years, having rates of interest that do not vary and are not comprised of any private activity bonds, are not subject to the$100,000 limitation. Anvunts to be used for debt service which are not part of a bona fide debt service fund are subject to the Arbitrage Rules. During the Reporting Period, the debt service fund(s)was not reduced annually to a reasonable carryover amount; however, the yield on the investment of moneys in the debt service fund did not exceed the Bond Yield. The actualized yield on the debt service fund has been computed and is in an attached report. Summary—Excess Earnings Determination and Payment Obligation No Liability: VVe have determined that during the Reporting Period, no liability exists. Additional Information VVe have limited our work to the performance of the required arbitrage calculations and relied solely on the correctness and completeness of the information provided by the Issuer directly or through its designee. The information received indudes: • Investment activity as reported by the Issuer Important Dates: You have requested that calculations be done every five years. Payment of excess earnings, if any, is only required to be made on five year computation dates, upon maturity or early redemption. In the event that an excess earnings determination is made in the future, a payment on this issue will be due no later than the earlier of i) 60 days from June 26, 2018 or ii)60 days from the date of redemption if the Bonds are paid in full in advance of their maturity. Unless we are otherwise notified by you of an early redemption,the next calculation for this transaction is scheduled for June 26,2018. Springsted Page4of4 $6,680,000 City of Golden Valley, Minnesota General Obligation Improvement Bonds, Series 2008A Issue Summary Proof Of Bond Yield @ 4.1050041 Date Cashflow PV Factor Present Value Cumulative PV 11111176726/2008 - 1.0000000x - - 02/01/2009 175,306.94 0.9760243x 171,103.84 171,103.84 08/01/2009 139,625.00 0.9563943x 133,536.55 304,640.39 02/01/2010 139,625.00 0.9371591x 130,850.84 435,491.23 08/01/2010 139,625.00 0.9183107x 128,219.14 563,710.36 02/01/2011 139,625.00 0.8998415x 125,640.37 689,350.73 08/01/2011 139,625.00 0.8817437x 123,113.46 812,464.19 02/01/2012 139,625.00 0.8640098x 120,637.37 933,101.56 08/01/2012 139,625.00 0.8466327x 118,211.09 1,051,312.65 02/01/2013 139,625.00 0.8296050x 115,833.60 1,167,146.26 08/01/2013 139,625.00 0.8129198x 113,503.93 1,280,650.19 02/01/2014 194,625.00 0.7965702x 155,032.48 1,435,682.67 08/01/2014 138,662.50 0.7805494x 108,232.93 1,543,915.60 02/01/2015 203,662.50 0.7648508x 155,771.43 1,699,687.03 08/01/2015 137,525.00 0.7494680x 103,070.59 1,802,757.62 02/01/2016 207,525.00 0.7343945x 152,405.23 1,955,162.85 08/01/2016 136,300.00 0.7196242x 98,084.78 2,053,247.63 02/01/2017 206,300.00 0.7051510x 145,472.65 2,198,720.28 08/01/2017 134,987.50 0.6909688x 93,272.16 2,291,992.44 02/01/2018 209,987.50 0.6770719x 142,176.64 2,434,169.08 08/01/2018 133,581.25 0.6634545x 88,625.08 2,522,794.16 02/01/2019 323,581.25 0.6501110x 210,363.72 2,733,157.88 08/01/2019 129,781.25 0.6370358x 82,675.30 2,815,833.18 02/01/2020 324,781.25 0.6242236x 202,736.12 3,018,569.30 08/01/2020 125,881.25 0.6116691x 76,997.67 3,095,566.97 02/01/2021 325,881.25 0.5993671x 195,322.48 3,290,889.45 08/01/2021 121,881.25 0.5873125x 71,582.38 3,362,471.83 02/01/2022 326,881.25 0.5755003x 188,120.26 3,550,592.09 08/01/2022 117,781.25 0.5639257x 66,419.88 3,617,011.96 02/01/2023 327,781.25 0.5525839x 181,126.65 3,798,138.61 08/01/2023 113,581.25 0.5414702x 61,500.87 3,859,639.47 02/01/2024 1,173,581.25 0.5305801x 622,678.81 4,482,318.29 08/01/2024 91,056.25 0.5199089x 47,340.96 4,529,659.24 02/01/2025 1,156,056.25 0.5094524x 588,955.63 5,118,614.87 08/01/2025 68,425.00 0.4992062x 34,158.18 5,152,773.06 02/01/2026 1,138,425.00 0.4891660x 556,878.85 5,709,651.90 08/01/2026 45,687.50 0.4793278x 21,899.29 5,731,551.19 02/01/2027 1,120,687.50 0.4696875x 526,372.89 6,257,924.08 08/01/2027 22,843.75 0.4602410x 10,513.63 6,268,437.71 02/01/2028 1,097,843.75 0.4509846x 495,110.58 6,763,548.29 Total $11,287,506.94 - $6,763,548.29 - Derivation Of Target Amount Par Amount of Bonds $6,680,000.00 Reoffering Premium or(Discount) 75,015.65 Accrued Interest from 06/15/2008 to 06/26/2008 8,532.64 Original Issue Proceeds $6,763,548.29 2008A-Improvement Bonds/Issue Summary/ 6/3/2008/ 11:58AM Springsted City of Golden Valley, Minnesota $6,680,000 General Obligation Improvement Bonds, Series 2008A Two Year Spending Exception - Reasonable Expectations Test Reasonable Actual Expenditure Total Date Percentage Expectations Results Requirement Expenditures Pass/Fail Closing Date 6/26/2008 Six Month Test 12/26/2008 10% $656,169.00 $656,169.00 $5,321,640.37 Pass Twelve Month Test 6/26/2009 45% $2,952,760.50 $2,952,760.50 $5,433,440.32 Pass Eighteen Month Test 12/26/2009 75% $4,921,267.50 $4,921,267.50 $5,520,154.11 Pass Two Year Test 6/26/2010 100% $6,641,889.44 $6,641,889.44 $6,641,889.44 Pass Estimate Actual Par Amount of Bonds $6,680,000.00 $6,680,000.00 Reoffering Premium $75,015.65 $75,015.65 Accrued Interest $8,532.64 $8,532.64 Issue Price $6,763,548.29 $6,763,548.29 Costs of Issuance (Including Underwriter's Discount) ($86,161.25) ($86,161.25) Deposit to Bona Fide Debt Service Fund ($115,697.04) ($115,697.04) Actual Interest Earnings - Construction Account _ $80,199.44 Available Construction Proceeds $6,561,690.00 $6,641,889.44 Springsted City of Golden Valley, Minnesota $6,680,000 General Obligation Improvement Bonds, Series 2008A Future Value Report for Debt Service Fund Future Value as of June 26, 2013 Yield on Account: 1.0347504041% Annual Compoundings: 2 Future Value Total: $0.00 (Receipts)& Date Disbursements _ Factor Future Value 6/26/2008 ($6,600.00) 1.0529588373 ($6,949.53) 7/31/2008 ($4,400.00) 1.0519329711 ($4,628.51) 9/12/2008 ($10,872.00) 1.0506671044 ($11,422.85) 10/18/2008 ($96,120.80) 1.0495832883 ($100,886.79) 11/24/2008 ($364,771.29) 1.0485005903 ($382,462.91) 12/31/2008 ($117,959.52) 1.0474190090 ($123,553.04) 2/1/2009 $175,306.94 1.0464885415 $183,456.70 2/28/2009 ($3,986.99) 1.0456188524 ($4,168.87) 3/31/2009 ($1,582.00) 1.0447199347 ($1,652.75) 4/30/2009 $279.00 1.0438217897 $291.23 5/31/2009 ($127,430.49) 1.0429244169 ($132,900.37) 7/31/2009 $36,949.56 1.0411319850 $38,469.37 8/6/2009 ($3,987.00) 1.0409529113 ($4,150.28) 10/18/2009 ($3,987.00) 1.0388064282 ($4,141.72) 11/24/2009 ($15,948.00) 1.0377348469 ($16,549.80) 12/31/2009 ($14,483.59) 1.0366643711 ($15,014.62) 2/28/2010 $139,625.00 1.0348826981 $144,495.50 3/31/2010 $425.00 1.0339930102 $439.45 5/1/2010 ($3,544.00) 1.0330744696 ($3,661.22) 7/10/2010 ($101,682.14) 1.0310329042 ($104,837.63) 8/10/2010 $139,889.00 1.0301465260 $144,106.17 10/10/2010 ($8,848.00) 1.0283760549 ($9,099.07) 12/10/2010 ($107,383.89) 1.0266086266 ($110,241.23) 1/11/2011 $200.00 1.0256966459 $205.14 2/11/2011 $139,625.00 1.0248148552 $143,089.77 4/11/2011 ($2,676.00) 1.0230535475 ($2,737.69) 5/11/2011 $258.00 1.0221740291 $263.72 6/11/2011 ($3,101.00) 1.0212952668 ($3,167.04) 7/11/2011 ($105,662.72) 1.0204172600 ($107,820.06) 8/11/2011 $139,625.00 1.0195400080 $142,353.27 9/11/2011 $200.00 1.0186635102 $203.73 11/11/2011 ($35,990.06) 1.0169127746 ($36,598.75) 12/10/2011 ($102,066.11) 1.0160676646 ($103,706.07) 2/11/2012 $139,625.00 1.0142923111 $141,620.56 3/11/2012 ($2,233.00) 1.0134203248 ($2,262.97) 4/11/2012 ($2,658.00) 1.0125490881 ($2,691.36) 6/11/2012 $246.00 1.0108088610 $248.66 7/11/2012 ($96,305.11) 1.0099398694 ($97,262.37) 8/11/2012 $136,967.00 1.0090716248 $138,209.51 9/11/2012 ($7,798.94) 1.0082041266 ($7,862.92) 10/11/2012 ($2,658.00) 1.0073373743 ($2,677.50) 11/11/2012 ($7,974.00) 1.0064713671 ($8,025.60) 12/12/2012 $157,210.95 1.0055772751 $158,087.76 1/13/2013 ($54,754.88) 1.0046839774 ($55,011.35) 2/13/2013 ($137,410.00) 1.0038202513 ($137,934.94) 3/13/2013 $1,790.00 1.0029572678 $1,795.29 5/13/2013 $2,215.00 1.0012335258 $2,217.73 6/26/2013 $364,526.24 1.0000000000 $364,526.24 TOTAL $20,088.16 $0.00 APPENDIX III Sample of Continuing Disclosure Vuork City of Golden Valley, NN 2011 Annual Report CUSIP#: 381244 General Obligation Dated Date Maturity Date Amount Issue name 7/1/2004 2/1/2019 $4,785,000 General Obligation Tax Abatement Bonds,Series 2004B 7/1/2004 2/1/2019 $2,995,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2004C CUSIP#: 381246 General Obligation Dated Date Maturity Date Amount Issue name Scheduled for call 2/1/2005 2/1/2015 $1,465,000 Ceneral Obligation Tax Increment Refunding Bonds,Series 2005A 2/1/2005 2/1/2015 $4,575,000 Taxable Ceneral Obligation Tax Increment Refunding Bonds,Series 2005B 6/1/2005 2/1/2025 $5,990,000 General Obligation Improvement Bonds,Series 2005C 2-1-2015 1/1/2006 2/1/2015 $11,935,000 Taxable General Obligation Tax Increment Refunding Bonds,Series 2006A 7/1/2006 2/1/2026 $7,320,000 General Obligation Improvement Bonds,Series 2006B 7/1/2006 2/1/2021 $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2006C 3/15/2007 4/1/2027 $2,560,000 General Cbligation State Aid Street Bonds,Series 2007A 6/15/2007 2/1/2027 $4,105,000 General Obligation Improvement Bonds,Series 2007C 6/15/2008 2/1/2028 $6,680,000 General Obligation Improvement Bonds,Series 2008A 5/1/2009 2/1/2029 $7,305,000 General Obligation Improvement Bonds,Series 2009A 5/1/2009 2/1/2013 $750,000 General Cbligation Equipment Certificates of Indebtedness,Series 2009B 5/1/2009 2/1/2016 $4,880,000 General Obligation Improvement Refunding Bonds,Series 2009C 8/19/2009 2/1/2018 $5,465,000 General Obligation Improvement Refunding Bonds,Series 2009D 6/15/2010 2/1/2030 $3,845,000 General Obligation Improvement Bonds,Series 2010A 6/15/2010 2/1/2014 $685,000 General Obligation Equipment Certificates of Indebtedness,Series 2010B 5/15/2011 2/1/2031 $1,840,000 General Obligation Improvement Bonds,Series 2011A 5/15/2011 2/1/2015 $655,000 General Obligation Equipment Certificates of Indebtedness,Series 2011B 5/15/2011 2/1/2019 $4,870,000 General Obligation Improvement Refunding Bonds,Series 2011C 5/15/2012 2/1/2032 $1,575,000 General Obligation Improvement Bonds,Series 2012A 5/15/2012 2/1/2016 $725,000 General Obligation Equipment Certificates of Indebtedness,Series 2012B 5/15/2012 2/1/2025 $5,960,000 General Obligation Improvement Refunding Bonds,Series 2012C The atys December 31, 2011 Comprehensive Annual Financial Report contains Oty Property Values, Oty Indebtedness, and Oty Tax Rates, Levies and Collections as required for Continuing Disdosure filing. ® Springsted Issuer Contact Information: Springsted Incorporated Name: Sue Vimig 380 Jackson Street, Suite 300 Title: Finance Director Saint Paul,IVN 55101-2887 Employer: Oty of Golden Valley Tel: 651-223-3000 Andress: 7800 Golden Valley Road Fax: 651-223-3002 Oty,State,Zp: Golden Valley,NN 55427-4588 vvww.sp.i ed. com Telephone: 763.593.8010 Email Address: svimigkldldenvalleymn.gov Issuer Vuebsite Address: http://www.goldenvalleyrm.gov Client#:001108 n .o by Kate Larson,2011 Views of the Valley ii 1117 a / f 4 * - . _. iPlb .t 4.le` , N iiii ,G Alr- L , \k'N. 401 40411P ii . • , city of golden valley Comprehensive Annual Financial Report For the Fiscal Year December 31, 2011 • Golden Valley, Minnesota From: Wendy Olson To: svirnig(Noldenvalleymn.gov; David MacGillivray Subject: Golden Valley(City of), MN-2011 Annual Report filed-Published Submission Confirmation Date: Monday,October 22,2012 1:36:38 PM Attachments: 2011 AR&CAFR cover.pdf Sue, At the time of issuance, the City entered into continuing disclosure agreements with the purchasers to provide certain information annually. You have contracted with Springsted Inc. as your dissemination agent to file continuing disclosure on your behalf. This email contains the cover for the City's Comprehensive Annual Financial Report (entire report filed on EMMA), and the receipt which lists by cusip the issues filed on. If you have any questions, do not hesitate to contact me. Thank you Wendy Olson Bond Services Analyst Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, Minnesota 55101-2887 651-223-3060 651-268-5060 Fax wolson@springsted.com Visit us on the web at www.springsted.com This communication is confidential and intended for the addressee only. If you are not the intended recipient, please notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. Dissemination, distribution, copying and/or other use of the information contained in this communication is strictly prohibited. Original Message From: EMMANotifications@msrb.org [mailto:EMMANotifications@msrb.org] Sent: Monday, October 22, 2012 1:40 PM To: Wendy Olson Subject: Published Submission Confirmation Your Continuing Disclosure Submission has been published. SubmissionId: EP576349 Disclosure Type: FINANCIAL/OPERATING FILING Annual Financial Information and Operating Data (Rule 15c2-12): 2011 Annual Report &CAFR for the year ended 12/31/2011 Document Name: Financial Operating Filing dated 10/22/2012 2011 AR &CAFR.pdf posted 10/22/2012 2:30:00 PM The following Issuers are associated with this Continuing Disclosure Submission: CUSIP6 State Issuer Name 381244 MN GOLDEN VALLEY MINN 381246 MN GOLDEN VALLEY MINN The following 261 Securities have been published with this Continuing Disclosure Submission: Security: CUSIP - 3812447M8, Maturity Date - 02/01/2005 Security: CUSIP - 3812447N6, Maturity Date - 02/01/2006 Security: CUSIP - 3812447P1, Maturity Date - 02/01/2007 Security: CUSIP - 3812447Q9, Maturity Date - 02/01/2008 Security: CUSIP - 3812447R7, Maturity Date - 02/01/2009 Security: CUSIP - 3812447S5, Maturity Date - 02/01/2010 Security: CUSIP - 3812447T3, Maturity Date - 02/01/2011 Security: CUSIP - 3812447U0, Maturity Date - 02/01/2012 Security: CUSIP - 3812447V8, Maturity Date - 02/01/2013 Security: CUSIP - 3812447W6, Maturity Date - 02/01/2014 Security: CUSIP - 3812447X4, Maturity Date - 02/01/2015 Security: CUSIP - 3812447Y2, Maturity Date - 02/01/2016 Security: CUSIP - 3812447Z9, Maturity Date - 02/01/2017 Security: CUSIP - 3812448A3, Maturity Date - 02/01/2018 Security: CUSIP - 381244861, Maturity Date - 02/01/2019 Security: CUSIP - 3812448C9, Maturity Date - 02/01/2005 Security: CUSIP - 3812448D7, Maturity Date - 02/01/2006 Security: CUSIP - 3812448E5, Maturity Date - 02/01/2007 Security: CUSIP - 3812448F2, Maturity Date - 02/01/2008 Security: CUSIP - 3812448G0, Maturity Date - 02/01/2009 Security: CUSIP - 3812448H8, Maturity Date - 02/01/2010 Security: CUSIP - 381244834, Maturity Date - 02/01/2011 Security: CUSIP - 3812448K1, Maturity Date - 02/01/2012 Security: CUSIP - 3812448L9, Maturity Date - 02/01/2013 Security: CUSIP - 3812448M7, Maturity Date - 02/01/2014 Security: CUSIP - 3812448N5, Maturity Date - 02/01/2015 Security: CUSIP - 3812448P0, Maturity Date - 02/01/2016 Security: CUSIP - 3812448Q8, Maturity Date - 02/01/2017 Security: CUSIP - 3812448R6, Maturity Date - 02/01/2018 Security: CUSIP - 3812448S4, Maturity Date - 02/01/2019 Security: CUSIP - 381246AA5, Maturity Date - 02/01/2008 Security: CUSIP - 381246AB3, Maturity Date - 02/01/2009 Security: CUSIP - 381246AC1, Maturity Date - 02/01/2010 Security: CUSIP - 381246AD9, Maturity Date - 02/01/2011 Security: CUSIP - 381246AE7, Maturity Date - 02/01/2012 Security: CUSIP - 381246AF4, Maturity Date - 02/01/2013 Security: CUSIP - 381246AG2, Maturity Date - 02/01/2014 Security: CUSIP - 381246AH0, Maturity Date - 02/01/2015 Security: CUSIP - 381246AJ6, Maturity Date - 02/01/2008 Security: CUSIP - 381246AK3, Maturity Date - 02/01/2009 Security: CUSIP - 381246AL1, Maturity Date - 02/01/2010 Security: CUSIP - 381246AM9, Maturity Date - 02/01/2011 Security: CUSIP - 381246AN7, Maturity Date - 02/01/2012 Security: CUSIP - 381246AP2, Maturity Date - 02/01/2013 Security: CUSIP - 381246AQ0, Maturity Date - 02/01/2014 Security: CUSIP - 381246AR8, Maturity Date - 02/01/2015 Security: CUSIP - 381246AS6, Maturity Date - 02/01/2011 Security: CUSIP - 381246AT4, Maturity Date - 02/01/2012 Security: CUSIP - 381246AU1, Maturity Date - 02/01/2013 Security: CUSIP - 381246AV9, Maturity Date - 02/01/2014 Security: CUSIP - 381246AW7, Maturity Date - 02/01/2015 Security: CUSIP - 381246AX5, Maturity Date - 02/01/2016 Security: CUSIP - 381246AY3, Maturity Date - 02/01/2017 Security: CUSIP - 381246AZ0, Maturity Date - 02/01/2018 Security: CUSIP - 381246BA4, Maturity Date - 02/01/2019 Security: CUSIP - 381246BB2, Maturity Date - 02/01/2020 Security: CUSIP - 381246BC0, Maturity Date - 02/01/2021 Security: CUSIP - 381246BD8, Maturity Date - 02/01/2022 Security: CUSIP - 381246BE6, Maturity Date - 02/01/2023 Security: CUSIP - 381246BF3, Maturity Date - 02/01/2024 Security: CUSIP - 381246BG1, Maturity Date - 02/01/2025 Security: CUSIP - 381246BL0, Maturity Date - 02/01/2007 Security: CUSIP - 381246BM8, Maturity Date - 02/01/2008 Security: CUSIP - 381246BN6, Maturity Date - 02/01/2009 Security: CUSIP - 381246BP1, Maturity Date - 02/01/2010 Security: CUSIP - 381246BQ9, Maturity Date - 02/01/2011 Security: CUSIP - 381246BR7, Maturity Date - 02/01/2012 Security: CUSIP - 381246BS5, Maturity Date - 02/01/2013 Security: CUSIP - 381246BT3, Maturity Date - 02/01/2014 Security: CUSIP - 381246BU0, Maturity Date - 02/01/2015 Security: CUSIP - 381246BV8, Maturity Date - 02/01/2012 Security: CUSIP - 381246BW6, Maturity Date - 02/01/2013 Security: CUSIP - 381246BX4, Maturity Date - 02/01/2014 Security: CUSIP - 381246BY2, Maturity Date - 02/01/2015 Security: CUSIP - 381246BZ9, Maturity Date - 02/01/2016 Security: CUSIP - 381246CA3, Maturity Date - 02/01/2017 Security: CUSIP - 381246CB1, Maturity Date - 02/01/2018 Security: CUSIP - 381246CC9, Maturity Date - 02/01/2019 Security: CUSIP - 381246CD7, Maturity Date - 02/01/2020 Security: CUSIP - 381246CE5, Maturity Date - 02/01/2021 Security: CUSIP - 381246CF2, Maturity Date - 02/01/2022 Security: CUSIP - 381246CG0, Maturity Date - 02/01/2023 Security: CUSIP - 381246CH8, Maturity Date - 02/01/2024 Security: CUSIP - 381246CJ4, Maturity Date - 02/01/2025 Security: CUSIP - 381246CK1, Maturity Date - 02/01/2026 Security: CUSIP - 381246CL9, Maturity Date - 02/01/2007 Security: CUSIP - 381246CM7, Maturity Date - 02/01/2008 Security: CUSIP - 381246CN5, Maturity Date - 02/01/2009 Security: CUSIP - 381246CP0, Maturity Date - 02/01/2010 Security: CUSIP - 381246CQ8, Maturity Date - 02/01/2011 Security: CUSIP - 381246CR6, Maturity Date - 02/01/2012 Security: CUSIP - 381246CS4, Maturity Date - 02/01/2013 Security: CUSIP - 381246CT2, Maturity Date - 02/01/2014 Security: CUSIP - 381246CU9, Maturity Date - 02/01/2015 Security: CUSIP - 381246CV7, Maturity Date - 02/01/2016 Security: CUSIP - 381246CX3, Maturity Date - 02/01/2018 Security: CUSIP - 381246DA2, Maturity Date - 02/01/2021 Security: CUSIP - 381246DE4, Maturity Date - 04/01/2008 Security: CUSIP - 381246DF1, Maturity Date - 04/01/2009 Security: CUSIP - 381246DG9, Maturity Date - 04/01/2010 Security: CUSIP - 381246DH7, Maturity Date - 04/01/2011 Security: CUSIP - 381246DJ3, Maturity Date - 04/01/2012 Security: CUSIP - 381246DK0, Maturity Date - 04/01/2013 Security: CUSIP - 381246DL8, Maturity Date - 04/01/2014 Security: CUSIP - 381246DM6, Maturity Date - 04/01/2015 Security: CUSIP - 381246DN4, Maturity Date - 04/01/2016 Security: CUSIP - 381246DP9, Maturity Date - 04/01/2017 Security: CUSIP - 381246DQ7, Maturity Date - 04/01/2018 Security: CUSIP - 381246DR5, Maturity Date - 04/01/2019 Security: CUSIP - 381246DS3, Maturity Date - 04/01/2020 Security: CUSIP - 381246DT1, Maturity Date - 04/01/2021 Security: CUSIP - 381246DU8, Maturity Date - 04/01/2022 Security: CUSIP - 381246DV6, Maturity Date - 04/01/2023 Security: CUSIP - 381246DW4, Maturity Date - 04/01/2024 Security: CUSIP - 381246DX2, Maturity Date - 04/01/2025 Security: CUSIP - 381246DY0, Maturity Date - 04/01/2026 Security: CUSIP - 381246DZ7, Maturity Date - 04/01/2027 Security: CUSIP - 381246ED5, Maturity Date - 02/01/2013 Security: CUSIP - 381246EE3, Maturity Date - 02/01/2014 Security: CUSIP - 381246EF0, Maturity Date - 02/01/2015 Security: CUSIP - 381246EG8, Maturity Date - 02/01/2016 Security: CUSIP - 381246EH6, Maturity Date - 02/01/2017 Security: CUSIP - 381246E32, Maturity Date - 02/01/2018 Security: CUSIP - 381246EK9, Maturity Date - 02/01/2019 Security: CUSIP - 381246EL7, Maturity Date - 02/01/2020 Security: CUSIP - 381246EM5, Maturity Date - 02/01/2021 Security: CUSIP - 381246EN3, Maturity Date - 02/01/2022 Security: CUSIP - 381246EP8, Maturity Date - 02/01/2023 Security: CUSIP - 381246EQ6, Maturity Date - 02/01/2024 Security: CUSIP - 381246ET0, Maturity Date - 02/01/2027 Security: CUSIP - 381246EU7, Maturity Date - 02/01/2014 Security: CUSIP - 381246EV5, Maturity Date - 02/01/2015 Security: CUSIP - 381246EW3, Maturity Date - 02/01/2016 Security: CUSIP - 381246EX1, Maturity Date - 02/01/2017 Security: CUSIP - 381246EY9, Maturity Date - 02/01/2018 Security: CUSIP - 381246EZ6, Maturity Date - 02/01/2019 Security: CUSIP - 381246FA0, Maturity Date - 02/01/2020 Security: CUSIP - 381246FB8, Maturity Date - 02/01/2021 Security: CUSIP - 381246FC6, Maturity Date - 02/01/2022 Security: CUSIP - 381246FD4, Maturity Date - 02/01/2023 Security: CUSIP - 381246FE2, Maturity Date - 02/01/2024 Security: CUSIP - 381246FF9, Maturity Date - 02/01/2025 Security: CUSIP - 381246FG7, Maturity Date - 02/01/2026 Security: CUSIP - 381246FH5, Maturity Date - 02/01/2027 Security: CUSIP - 381246FJ1, Maturity Date - 02/01/2028 Security: CUSIP - 381246FK8, Maturity Date - 02/01/2010 Security: CUSIP - 381246FL6, Maturity Date - 02/01/2011 Security: CUSIP - 381246FM4, Maturity Date - 02/01/2012 Security: CUSIP - 381246FN2, Maturity Date - 02/01/2011 Security: CUSIP - 381246FP7, Maturity Date - 02/01/2012 Security: CUSIP - 381246FQ5, Maturity Date - 02/01/2013 Security: CUSIP - 381246FR3, Maturity Date - 02/01/2014 Security: CUSIP - 381246FS1, Maturity Date - 02/01/2015 Security: CUSIP - 381246FT9, Maturity Date - 02/01/2017 Security: CUSIP - 381246FU6, Maturity Date - 02/01/2018 Security: CUSIP - 381246FV4, Maturity Date - 02/01/2019 Security: CUSIP - 381246FW2, Maturity Date - 02/01/2020 Security: CUSIP - 381246FX0, Maturity Date - 02/01/2021 Security: CUSIP - 381246FY8, Maturity Date - 02/01/2022 Security: CUSIP - 381246FZ5, Maturity Date - 02/01/2023 Security: CUSIP - 381246GA9, Maturity Date - 02/01/2024 Security: CUSIP - 381246GB7, Maturity Date - 02/01/2025 Security: CUSIP - 381246GC5, Maturity Date - 02/01/2026 Security: CUSIP - 381246GD3, Maturity Date - 02/01/2027 Security: CUSIP - 381246GE1, Maturity Date - 02/01/2028 Security: CUSIP - 381246GF8, Maturity Date - 02/01/2029 Security: CUSIP - 381246GG6, Maturity Date - 02/01/2011 Security: CUSIP - 381246GH4, Maturity Date - 02/01/2012 Security: CUSIP - 381246GJ0, Maturity Date - 02/01/2013 Security: CUSIP - 381246GK7, Maturity Date - 02/01/2011 Security: CUSIP - 381246GL5, Maturity Date - 02/01/2012 Security: CUSIP - 381246GM3, Maturity Date - 02/01/2013 Security: CUSIP - 381246GN1, Maturity Date - 02/01/2014 Security: CUSIP - 381246GP6, Maturity Date - 02/01/2015 Security: CUSIP - 381246GQ4, Maturity Date - 02/01/2016 Security: CUSIP - 381246GR2, Maturity Date - 02/01/2012 Security: CUSIP - 381246GS0, Maturity Date - 02/01/2013 Security: CUSIP - 381246GT8, Maturity Date - 02/01/2014 Security: CUSIP - 381246GU5, Maturity Date - 02/01/2015 Security: CUSIP - 381246GV3, Maturity Date - 02/01/2016 Security: CUSIP - 381246GW1, Maturity Date - 02/01/2017 Security: CUSIP - 381246GX9, Maturity Date - 02/01/2018 Security: CUSIP - 381246GY7, Maturity Date - 02/01/2012 Security: CUSIP - 381246GZ4, Maturity Date - 02/01/2013 Security: CUSIP - 381246HA8, Maturity Date - 02/01/2016 Security: CUSIP - 381246HB6, Maturity Date - 02/01/2017 Security: CUSIP - 381246HC4, Maturity Date - 02/01/2018 Security: CUSIP - 381246HD2, Maturity Date - 02/01/2019 Security: CUSIP - 381246HE0, Maturity Date - 02/01/2020 Security: CUSIP - 381246HF7, Maturity Date - 02/01/2021 Security: CUSIP - 381246HG5, Maturity Date - 02/01/2022 Security: CUSIP - 381246HH3, Maturity Date - 02/01/2023 Security: CUSIP - 381246HJ9, Maturity Date - 02/01/2026 Security: CUSIP - 381246HK6, Maturity Date - 02/01/2027 Security: CUSIP - 381246HL4, Maturity Date - 02/01/2028 Security: CUSIP - 381246HM2, Maturity Date - 02/01/2029 Security: CUSIP - 381246HN0, Maturity Date - 02/01/2030 Security: CUSIP - 381246HP5, Maturity Date - 02/01/2012 Security: CUSIP - 381246HQ3, Maturity Date - 02/01/2013 Security: CUSIP - 381246HR1, Maturity Date - 02/01/2014 Security: CUSIP - 381246HS9, Maturity Date - 02/01/2013 Security: CUSIP - 381246HT7, Maturity Date - 02/01/2014 Security: CUSIP - 381246HU4, Maturity Date - 02/01/2015 Security: CUSIP - 381246HV2, Maturity Date - 02/01/2016 Security: CUSIP - 381246HW0, Maturity Date - 02/01/2017 Security: CUSIP - 381246HX8, Maturity Date - 02/01/2018 Security: CUSIP - 381246HY6, Maturity Date - 02/01/2019 Security: CUSIP - 381246HZ3, Maturity Date - 02/01/2020 Security: CUSIP - 381246JA6, Maturity Date - 02/01/2021 Security: CUSIP - 381246JB4, Maturity Date - 02/01/2022 Security: CUSIP - 381246JC2, Maturity Date - 02/01/2023 Security: CUSIP - 381246JD0, Maturity Date - 02/01/2024 Security: CUSIP - 381246JE8, Maturity Date - 02/01/2025 Security: CUSIP - 381246JF5, Maturity Date - 02/01/2026 Security: CUSIP - 381246JG3, Maturity Date - 02/01/2027 Security: CUSIP - 381246JH1, Maturity Date - 02/01/2028 Security: CUSIP - 381246337, Maturity Date - 02/01/2029 Security: CUSIP - 381246JK4, Maturity Date - 02/01/2030 Security: CUSIP - 38124612, Maturity Date - 02/01/2031 Security: CUSIP - 381246JM0, Maturity Date - 02/01/2013 Security: CUSIP - 381246JN8, Maturity Date - 02/01/2014 Security: CUSIP - 381246JP3, Maturity Date - 02/01/2015 Security: CUSIP - 381246JQ1, Maturity Date - 02/01/2013 Security: CUSIP - 381246JR9, Maturity Date - 02/01/2014 Security: CUSIP - 381246JS7, Maturity Date - 02/01/2015 Security: CUSIP - 381246JT5, Maturity Date - 02/01/2016 Security: CUSIP - 381246JU2, Maturity Date - 02/01/2017 Security: CUSIP - 381246JV0, Maturity Date - 02/01/2018 Security: CUSIP - 381246JW8, Maturity Date - 02/01/2019 Security: CUSIP - 381246JX6, Maturity Date - 02/01/2014 Security: CUSIP - 381246JY4, Maturity Date - 02/01/2015 Security: CUSIP - 381246JZ1, Maturity Date - 02/01/2016 Security: CUSIP - 381246KA4, Maturity Date - 02/01/2017 Security: CUSIP - 381246KB2, Maturity Date - 02/01/2018 Security: CUSIP - 381246KCO3 Maturity Date - 02/01/2019 Security: CUSIP - 381246KD8, Maturity Date - 02/01/2020 Security: CUSIP - 381246KE6, Maturity Date - 02/01/2021 Security: CUSIP - 381246KF3, Maturity Date - 02/01/2022 Security: CUSIP - 381246KG1, Maturity Date - 02/01/2023 Security: CUSIP - 381246KH9, Maturity Date - 02/01/2024 Security: CUSIP - 381246KJ5, Maturity Date - 02/01/2025 Security: CUSIP - 381246KK2, Maturity Date - 02/01/2026 Security: CUSIP - 381246KL0, Maturity Date - 02/01/2027 Security: CUSIP - 381246KM8, Maturity Date - 02/01/2028 Security: CUSIP - 381246KN6, Maturity Date - 02/01/2029 Security: CUSIP - 381246KP1, Maturity Date - 02/01/2030 Security: CUSIP - 381246KQ9, Maturity Date - 02/01/2031 Security: CUSIP - 381246KR7, Maturity Date - 02/01/2032 Security: CUSIP - 381246KS5, Maturity Date - 02/01/2014 Security: CUSIP - 381246KT3, Maturity Date - 02/01/2015 Security: CUSIP - 381246KU0, Maturity Date - 02/01/2016 Security: CUSIP - 381246KV8, Maturity Date - 02/01/2016 Security: CUSIP - 381246KW6, Maturity Date - 02/01/2017 Security: CUSIP - 381246KX4, Maturity Date - 02/01/2018 Security: CUSIP - 381246KY2, Maturity Date - 02/01/2019 Security: CUSIP - 381246KZ9, Maturity Date - 02/01/2020 Security: CUSIP - 381246LA3, Maturity Date - 02/01/2021 Security: CUSIP - 381246LB1, Maturity Date - 02/01/2022 Security: CUSIP - 381246LC9, Maturity Date - 02/01/2023 Security: CUSIP - 381246LD7, Maturity Date - 02/01/2024 Security: CUSIP - 381246LE5, Maturity Date - 02/01/2025 Please follow the link to view this submission: http://emma.msrb.org/ContinuingDisclosureView/ContinuingDisclosureDetails.aspx? su bm i ssionId=EP576349 Please follow the link to make changes to this submission: http://dataport.emma.msrb.ora/Submission/ContinuingDisclosureTypeSelect.aspx?sid=EP576349 PLEASE DO NOT REPLY. This is a system-generated e-mail. If you need assistance please contact the MSRB at 703-797-6668 or you may obtain more information at www.msrb.org. Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,IVN 55101-2887 Tel: 651-223-3060 Fax: 651-268-5060 vvd son(pn ngsted..com June 13,2012 Ms.Sue Vimig, Finance Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 RE: Continuing Disdosure Rule 15(c)2-12—Material Event Survey Relating to City of Golden Valley, MN Dear Ms.Vmig: TINE SENSITIVE-IIVPOR TANT POST-ISSUANCE CONPUANCE REQUIRENENTS The Securities and Exchange Commission has a Rule vvhidm requires underwriters of municipal bonds to periodically provide certain infomhation to the marketplace. The purpose of this Rule, Rule 15(c)2-12, is to assure that investors have amss to current information about the finandal condition of municipal bond issuers. When your jurisdiction issued debt, it entered into a continuing disdosure agreement to provide finandal documents and to report certain"material events". This dissemination of information is currently accomplished through posting to the Municipal Securities Regulatory Board's web site. Springsted serves as your"dissemination agent". Failure to properly report the agreed to information requires that your jurisdiction disclose this fact in its official statement for a period of five years. The attached list indudes the events identified by the SEC as material or potentially material. For most issuers, the most common reportable events are a change in rating or the call or defeasance of debt obligations. As your dissemination agent, Springsted will assist you in identifying and promptly filing material event notices. You already receive notices from us of any event that we have filed on your behalf. However,we are not always involved in all of your jurisdiction's debt related activities nor do we see all the notices that you as the issuer receive. You can help us help you by informing us of any event on the attached list that has occurred relative to one of your reportable debt obligations. For debt obligations sold prior to December 1, 2010,the Rule required that material event notices be filed in a"timely manner". For issues sold on or after December 1,2010, material event notices must be filed within 10 business days of occurrence. We recorrrnend adherence to the 10-day standard whenever possible,even for issues sold prior to December 1,2010. In order to appropriately file for you,we are asking that you complete the separately attached survey document and return it to us within 14 days. The purpose of this survey is to detemine if any material event notices have been inadvertently missed; however, if one of the listed events has omarred within the last 10 business days, please adjust your reporting time so a timely filing can be made. With the attached list as a reference, use the drop-down boxes to indicate events that have occurred relevant to the issues shown. Re se keep a copy of the survey for your records and promptly notify us of any subsequent material events so that timely filings can be made on your jurisdiction's behalf. Please contact me if you have any questions or concerns. Thank you. Wiendy Olson, Bond Services Analyst (651)223-3060 wdson&pringsted.com Material Events Listing A000rding to the Securities and Exchange Commission the occurrence of material events are to be reported:"In a timely manner for pre December 1, 2010 issues and within 10 business days for post December 1, 2010 issues. The fdlowing listed events may be r w ralerial: 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting finandal difficulties; 4. Unscheduled draws on credit enhancements relating to the Obligations reflecting finandal difficulties; 5. Substitution of credit or liquidity providers,or their failure to perform 6. Adverse tax opinions,the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue(IRS Form 5701-TEB)or other material notices or determinations with respect to the tax- exempt status of the Series Obligations,or rr ralerial events affecting the tax-exempt status of the Obligations; 7. Modifications to rights of Holders of the Obligations; 8. Obligation calls(exduding sinking fund mandatory redemptions),and tender offers; 9. Defeasance of the Obligations; 10. Release,substitution,or sale of property securing repayment of the Obligations; 11. Rating changes on the Obligations; 12. Bankruptcy,insolvency,receivership or similar event of the Issuer; 13. The consurr,rration of a merger,consolidation,or acquisition invdving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the temination of a definitive agreement relating to any such actions,other than pursuant to its terms;and 14 Appointment of a successes-or additional trustee or the change of name of a trustee. In addition,other events that may impact the marketability of the Obligations should be noted. The endosed survey is sent out as a reminder. Please keep this list of events handy for future reference. OUTSTANDING ISSUES AS OF JUNE 30,2012 (Only those issues reported to MSRB) City of Golden Valley, IVN: Press the TAB key to navigate between boxes below. If a material event has occurred for an issue,select event number from dropdown box;if none,leave as"None." Issue Scheduled for Material Name Cal I Event# $4,785,000 General Obligation Tax Abatement Bonds,Series 2004B None $2,995,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2004C None $1,4.65,000 General Obligation Tax Increment Refunding Bonds,Series 2005A None $4,575,000 Taxable General Obligation Tax Increment Refunding Bonds,Series 2005B None $5,990,000 General Obligation Improvement Bonds,Series 2005C 2-1-2015 None $11,935,000 Taxable General Obligation Tax Increment Refunding Bonds,Series 2006A None $7,320,000 General Obligation Improvement Bonds,Series 2006B None $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2006C None $2,560,000 General Obligation State-Aid Street Bonds,Series 2007A None $4,105,000 General Obligation Improvement Bonds,Series 2007C None $6,680,000 General Obligation Irrprovement Bonds,Series 2008A None $750,000 General Obligation Equipment Certificates of Indebtedness,Series 2008B None $7,305,000 General Obligation Improvement Bonds,Series 2009A None $750,000 General Obligation Equipment Certificates of Indebtedness,Series 2009B None $4,880,000 General Obligation Improvement Refunding Bonds,Series 2009C None $5,465,000 General Obligation Improvement Refunding Bonds,Series 2009D None $3,845,000 General Obligation Improvement Bonds,Series 2010A None $655,000 General Obligation Equipment Certificates of Indebtedness,Series 2010B None $1,575,000 General Obligation Improvement Bonds,Series 2012A None $725,000 General Obligation Equipment Certificates of Indebtedness,Series 2012B None $5,960,000 General Obligation Improvement Refunding Bonds,Series 2012C None Cornrnents(s): Please return your completed survey on or before July 27,2012 by email,fax or regular mail. If you have any questions, please contact myself or your Client Representative. Signature Title Date (Not required if response is by email) Springsted Incorporated VVendy Olson, Bond Services Analyst 380 Jackson Street,Suite 300 St.Paul,UN 55101-2887 Phone 651 223-3060 Fax: 651 268-5060 Email: wolsonpringsted.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber Consider the request for a Therapeutic Police Department Massage Enterprise license to Zenology Spa, VULG. LLC and two related Massage Therapist applications. Requested Action Move to: Consider the request for a therapeutic massage enterprise license to Zenology Spa, LLC and massage therapist licenses to Yun Wang and Qian Zhang. Synopsis The City received an application from Zenology Spa, LLC for a Therapeutic Massage Enterprise license to do business in the City of Eden Prairie along with applications for an individual Massage Therapist license from Yun Wang and Qian Zhang. Background Information Eden Prairie City Code regulates Therapeutic Massage Enterprises and individual Massage Therapists. Each applicant is required to have a background check completed by the Eden Prairie Police Department. The background investigation identified information which would disqualify Zenology Spa, LLC from receiving a Therapeutic Massage Enterprise license and Yun Wang and Qian Zhang from receiving an individual Massage Therapist license per City of Eden Prairie ordinance requirements. A Resolution adopting Findings, Conclusions and Orders and denying the issuance of the licenses is attached and will be made part of the official record, which supports a basis for denying the applications. The applicants were notified by mail that the applications would be considered at tonight's meeting. Staff recommends denial of these applications. Attachments RESOLUTION TO ADOPT THE FINDINGS, CONCLUSIONS AND ORDERS Exhibit A Exhibit B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDERS ZENOLOGY SPA, LLC YUN WANG QIAN ZHANG WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of Law, and Order (attached hereto as Exhibit A) regarding an application submitted by Zenology Spa, LLC for a Therapeutic Massage Enterprise License; and WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of Law, and Order(attached hereto as Exhibit B)regarding applications submitted by Yun Wang and Qian Zhang for Massage Therapist Licenses; and WHEREAS,the Findings of Fact, Conclusions of Law, and Orders, attached hereto as Exhibits A and B, support a recommendation for denial of the applications. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the Findings of Fact,Conclusions of Law,and Orders are hereby adopted and the Council hereby denies the issuance of a Therapeutic Massage Enterprise License to Zenology Spa, LLC, and denies the issuance of Massage Therapist Licenses to Yun Wang and Qian Zhang. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION FOR ZENOLOGY SPA, LLC FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.A requires a Therapeutic Massage Enterprise License ("Enterprise License") in order to operate, engage in, or carry on, within the City, massage services for public for consideration. 2. City Code Section 5.46, Subdivision 4.A requires that applications for Enterprise Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 6.A.1 provides that no Enterprise License shall be issued to a person who: £ Has knowingly misrepresented or falsified information on the license application; or k. Does not provide all information required by the application or such other information as the Issuing Authority or City Council may require. 4. City Code Section 5.46, Subdivision 8.K requires that, in the case of an Enterprise License Application, the licensee, managing partner, or manager of the licensed premises must provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright("Local Residency"). 5. The City's Enterprise License Application requires that an applicant for an Enterprise License provide various information including but not limited to: proof of professional liability and worker's compensation insurance coverage; a copy of the Articles of Organization for the limited liability company; a copy of the lease agreement between the applicant and building owner; and a list of all persons employed, or who the applicant intends to employ, as Massage Therapists at the premise. 6. Zenology Spa LLC ("Applicant") applied to the City of Eden Prairie for an Enterprise License to operate Zenology Spa. 7. The Police Department received the application and conducted an investigation to verify the information on the application pursuant to City Code Section 5.46, Subdivision 4.D. 8. ManQing Ye ("Ye"), the Applicant's owner and manager, provided a copy of her Texas Department of State Health Services license with the Enterprise License Application documents. As part of the investigation in verifying the license provided, the license was found to be related to Yuyu Massage in San Antonio, Texas. Ye did not list Yuyu Massage as a place that she had been engaged as an employee of, owned, or operated within the past five (5) years on the Enterprise License Application. 9. As part of the investigation,it was also discovered that Ye was working at Jade Spa in Castle Hills, Texas in February 2015 when she was arrested for a crime. Ye did not list Jade Spa as a place that she had been engaged as an employee of, owned, or operated within the past five (5) years on the Enterprise License Application. 10. With the Enterprise License Application, Ye failed to provide the following: a. Certificate of professional liability insurance; b. Worker's Compensation Certificate of Compliance; c. A copy of the Articles of Organization for Zenology Spa, LLC; d. A copy of the lease agreement between Zenology Spa, LLC and the building owner; or e. A list of all persons employed, or who the Applicant intends to employ as Massage Therapists at Zenology Spa, LLC 11. With the Enterprise License Application,Ye listed a South Carolina driver's license number on the application and provided a copy of her South Carolina Driver's License. Ye did not otherwise provide proof of Local Residency. 12. The Chief of Police recommends denial of Applicant's Enterprise License Application because (a) Applicant failed to fully and completely provide all of the information required by the application form; (b)Applicant knowingly misrepresented or falsified information in the Enterprise License Application; and(c) Ye's failure to provide proof of Local Residency. CONCLUSIONS OF LAW 1. Applicant has not complied with City Code Section 5.46, Subdivision 4.A due to its failure to fully and completely provide all of the information required by the application. 2 2. City Code Section 5.46, Subdivision 6.A.1.f prohibits issuance of an Enterprise License to Zenology Spa, LLC because it knowingly misrepresented or falsified information on the Enterprise License Application. 3. City Code Section 5.46, Subdivision 6.A.1.k prohibits issuance of an Enterprise License to Zenology Spa, LLC because it failed to provide all information required by the application. 4. City Code Section 5.46, Subdivision 8.K prohibits issuance of an Enterprise License to Zenology Spa, LLC because Ye, as the licensee, managing partner, or manager of Zenology Spa,LLC,did not provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The application for an Enterprise License filed by Zenology Spa, LLC is hereby denied. ADOPTED BY THE CITY COUNCIL this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 3 EXHIBIT B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA MASSAGE THERAPIST LICENSE APPLICATIONS FOR YUN WANG AND QIAN ZHANG FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.B requires a Massage Therapist License ("Therapist License") in order to practice, administer, or provide massage services to the public for consideration within the City. 2. City Code Section 5.46, Subdivision 4.A requires that applications for Therapist Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 6.B.1 provides that no Therapist License shall be issued to a person who: c. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; e. Has knowingly misrepresented or falsified information on the license application f. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29; m. Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. 4. The City's Therapist License Application requires that an applicant provide various information,including but not limited to citizenship status and,if the applicant is not a U.S. citizen, proof of immigration and employment status. 5. City Code Section 5.46, Subdivision 8.K requires that an applicant provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright ("Local Residency"). 6. Yun Wang("Wang")and Qian Zhang("Zhang")applied to the City of Eden Prairie for Massage Therapist Licenses. 7. The Police Department received the Therapist License applications of Wang and Zhang and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 4.D. Yun Wang 8. Wang applied to the City of Eden Prairie for a Massage Therapist License to work at Zenology Spa, LLC. 9. Zenology Spa, LLC is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 10. On the Therapist License Application,Wang indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 11. With her Therapist License Application,Wang listed employment in Lake Charles, Louisiana in 2016-2017. However, she did not list a resident address in Louisiana on her Therapist License Application during that time frame. 12. With her Therapist License Application, Wang submitted her State of Florida Massage Therapist license issued in June 2017 which shows an address of 1525 S. Marengo Ave, Apt D, Alhambra, CA 91803. This address was not listed as a previous residence or employer address on her Therapist License Application. 13. With her Therapist License Application, Wang listed a California Driver's license number on her application. Wang did not otherwise provide proof of Local Residency. 14. The Chief of Police recommends denial of the Massage Therapist License to Yun Wang due to: (a) Wang's lack of affiliation with, employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; (b)Wang's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status; (c) because Wang knowingly misrepresented or falsified information related to her past places of residence; and (d) Wang's failure to provide proof of Local Residency. Qian Zhang 15. Zhang applied to the City of Eden Prairie for a Massage Therapist License to work at Zenology Spa, LLC. 16. Zenology Spa, LLC is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 17. On the Therapist License Application,Wang indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 18. With her Therapist License Application, Zhang provided documentation indicating that she completed her massage training at Lincoln Institute of Body Therapy in Orange, California. 19. Lincoln Institute of Body Therapy in Orange, California is not accredited and is not a bona fide school that has been approved by the City. 20. Zhang did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 21. With her Therapist License Application, Zhang listed a New York Driver's license number on her application and provided a copy of New York Driver's license. Zhang did not otherwise provide proof of Local Residency. 22. The Chief of Police recommends denial of the Massage Therapist License to Zhang due to: (a)Zhang's lack of affiliation with, employment by,or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; (b) Zhang's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status; (c) Zhang's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City; and (d) Zhang's failure to provide proof of Local Residency. CONCLUSIONS OF LAW Yun Wang 1. Wang has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 2. City Code Section 5.46, Subdivision 6.B.1.c prohibits issuance of a Therapist License to Wang because she is not a citizen of the United States or a resident alien and she has failed to provide proof that she not legally prohibited from working in the United States. 3. City Code Section 5.46 6.B.1.e prohibits issuance of a Therapist License to Wang because she knowingly misrepresented or falsified information on her Therapist License Application. 4. City Code Section 5.46, Subdivision 6.B.1.f prohibits issuance of a Therapist License to Wang because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 5. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist License to Wang because she did not provide all information required by the license application. 6. City Code Section 5.46, Subdivision 8.K prohibits issuance of a Therapist License to Wang because she did not provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. Qian Zhang 7. Zhang has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 8. City Code Section 5.46, Subdivision 6.B.1.c prohibits issuance of a Therapist License to Zhang because she is not a citizen of the United States or a resident alien and she has failed to provide proof that she not legally prohibited from working in the United States. 9. City Code Section 5.46, Subdivision 6.B.1.f prohibits issuance of a Therapist License to Zhang because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 10. City Code Section 5.46, Subdivision 6.B.1.h prohibits issuance of a Therapist License to Zhang because she has failed to provide proof that she has completed six hundred(600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 11. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist License to Zhang because she did not provide all information required by the license application. 12. City Code Section 5.46, Subdivision 8.K prohibits issuance of a Therapist License to Zhang because she did not provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The application for a Massage Therapist License filed by Yun Wang is hereby denied. 2. The application for a Massage Therapist License filed by Qian Zhang is hereby denied. ADOPTED BY THE CITY COUNCIL this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: November 13, 2018 SECTION: Consent Calendar DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks Maintenance Authorize Purchase of a New Caterpillar 930M Front End Loader VIII.H. Paul Schlueter/Fleet Services Requested Action Move to: Authorize purchase of a new Caterpillar 930M front end loader with grapple attachment for a cost of$186,763.00. Synopsis On October 16, 2018 the Council approved the Fleet Services vehicle and equipment replacement plan for 2019. One of the pieces of equipment that is approved for replacement in 2019 is a John Deere 624J front end loader. This Caterpillar 930M replacement front end loader will be purchased using the State of Minnesota Cooperative Purchasing Venture (CPV) and the current contract for front end loaders expires on November 30, 2018. City staff is requesting authorization to purchase this new front end loader at this time to take advantage of the current State of Minnesota contract pricing and avoid a significant price increase that is anticipated once the existing contract is re-bid by the State. Funds for this purchase are included in the 2019 Fleet Capital Internal Service Fund budget and funds are currently available for this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new front end loader will be purchased using the State of Minnesota CPV program. Attachment Ziegler Caterpillar/ State of MN CPV Contract Pricing Quote Ziegler Inc. ZIEGLERcAt 161423-01 October 22,2018 CITY OF EDEN PRAIRIE 8080 MITCHELL RD EDEN PRAIRIE, Minnesota 55344-2203 Dear Paul Schleuter, We would like to thank you for your interest in our company and our products,and are pleased to quote the following for your consideration. Caterpillar Model: 930M Wheel Loaders We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days,after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me. Sincere y, - Charles N rgaar Territory Manager Caterpillar Model:930M Wheel Loaders STANDARD EQUIPMENT POWERTRAIN-Axle seal guards-Auto Idle shut down feature-Cat C7.IACERT engine--Power Modes (Standard and Performance)--Power by Range(High Power in Range 4)--Tier 4 Final/Stage IV compliant--Turbocharged and aftercooled- -Filtered crankcase breather--Diesel particulate filter--Selective Catalyst Reduction-Coolant protection to-34C (-29F)-Differential lock in front axle-Dry type air cleaner-Enclosed wet disc full hydraulic brakes- Fuel priming pump, automatic-Fuel water separator -Hydraulically driven demand cooling fan-Hydrostatic transmission with electronic- control--Operator Modes(Default,TC, Hystat and- Ice)--Directional Shift Agressiveness(Fast, - Medium, Slow)--Rimpull control,adjust wheel torque--Creeper control, adjust ground speed-Lubed for life driveshafts-Parking brake,electric-Single plane cooling package wide 6 fins- per inch density-S-0-S port,engine,coolant,transmission- oil- HYDRAULICS-Automatic lift and bucket kickouts,- adjustable in-cab-Bucket and Fork Modes,adjustable in-cab-Cylinder damping at kickout and- mechanical end stops-Fine Mode control (Fast, Medium, Slow)- in Fork Mode- Hydraulic Response setting(Fast, - Medium, Slow)- Hydraulic diagnostic connectors and- S-0-5 ports-Hydraulic sight gauge,visible-Load sensing hydraulics and steering-Seat mounted hydraulic joystick controls ELECTRICAL-Alternator, 115-amp,heavy duty-12V power supply in cab(2)-Batteries, 1,000 CCA(2)24 volt system,- disconnect switch-Back up alarm-Emergency shutdown switch-Halogen work lights front and rear, LED- rear stop and turn lights-Heavy duty gear reduction starter-Product Link PRO w/3 year subscription- Remote jump start post- Resettable main and critical function- breakers-Roading lights front and rear OPERATOR ENVIRONMENT-75 mm (3 in) retractable seatbelt-Automatic temperature control-Cab,enclosed ROPS/FOPS pressurized- and sound suppressed- Cup holders-External heated mirrors with lower- parabolic-Ground level cab door release- Gauges--Digital hour meter,odometer and- tachometer--Digital ground speedometer and- direction indicator--Engine coolant temperature gauge--Fuel and Diesel Exhaust Fluid level- indicator--Hydraulic oil temperature gauge- Hydraulic control lockout- Interior cab lighting,door and dome- Interior rearview mirrors (2)- Lunch box storage-Operator warning system indicators - Radio ready speakers-Rear window defrost, electric-Seat mounted electronic implement- controls, adjustable-Sliding glass on the side windows-Column mounted multi function control--lights,wipers,turn signal-Suspension seat, fabric-Tilt and telescope steering wheel-Tinted front glass-Wet arm wiperlwasher, 2-speed and- intermittent,front-Wet arm wiper washer, rear- OTHER STANDARD EQUIPMENT-Large-access enclosure doors with- adjustable close/open force-Parallel lift loader linkage- Page 1 of 3 Ziegler Inc. Recovery hitch with pin - Remote mounted lubrication points -Vandalism protection-- lockable compartments- MACHINE SPECIFICATIONS Base Price: $ 144,160,00 2.1 Standard cab (includes automatic temperature control, seat Included mounted implement controls, two heated external mirrors, two internal mirrors, tilt and telescoping steering wheel, and primary instrument display) 2.2 Deluxe cab (includes all features included in 2.1 plus sutomatic $ 1.880 blower control, electrically adjusted external mirrors, secondary display which allows real time adjustments to rimpull, creeper speed,3rd function flow, throttle lock, and doubles as rear camera display (camera not included), enhanced in cab LED lighting, and front and rear sun visor) 2.3 Radio ready (provides speakers and wiring) Included 2.4 Deluxe AWFMI radio (includes Bluetooth interface, $ 460 microphone, and aux inputs for MP3 players, etc) 2.6 Ride control $ 2,520 2.9 Premium seat (heated and ventilated high back air suspension $ 1,500 seat) 2.12 Rear view camera (requires 2.2 deluxe cab) $ 670 2.14 Washer & Wiper, front and rear Included 3.1 Front differential lock Included 3.2 Limited slip rear differential $ 1,910 3.5 Ether starting aid Included 3.6 Engine coolant heater Included 4.1 Warning beacon, LED strobe, amber lens $ 170 4.3 Halogen front and rear roading and work lights Included 4.4 Two additional forward facing and two additional rear facing $ 250 halogen work lights 4,7 Product Link PL641 - cellular (requires service subscription) Included 4.9 Two Additional Batteries for Cold Start Included 5.6 20.5-R25 Michelin XSNO+, L2 (factory installed) $ 2,010 6.1 Hydraulic oil cooler, heavy duty Included 6.2 Hydraulics 2 valve Coupler Ready Included 6.3 Hydraulics, 3 valve Coupler Ready $ 1.700 7.1 Caterpillar Fusion quick coupler $ 2,590 7.6 General purpose bucket, 3.2 cyd. with bolt-on edge (pin-on or $ 6.120 Fusion coupler) 8.1 Counterweight Heavy $ 1,670 Page 2 of 3 Ziegler Inc. 8.13 Standard fenders (provides black non-metallic front fenders Included and partial coverage rear fenders) 8_21 Caterpillar Autolube (Factory installed) $ 4,100 8.24 Toolbox- Lockable $ 310 9.88 84 Month 14,000 Hour Powertrain and Hydraulics $ 3,620 9.89 One set of parts, service and operators manual No Charge 10.0 DELIVERY STARTING POINT Bloomington MN City State Zip Code Price per loaded mile $4.00 x 12 miles Price: $ 48.00 BASE PRICE $144,160.00 ADDITIONAL OPTIONS ON STATE BID $31,528.00 RAVELING BRUSH GRAPPLE $10,250.00 RAVELING TO ADD HOOKS TO GP BUCKET $825 00 SUBTOTAL $186,763.00 TRADE-JOHN DEERE 624J S/N 59224 54 1.500 OG BALANCE $145,263.00 WARRANTY Standard Warranty: 1 Year Unlimited Premier Extended Warranty: 84 Month/4,000 Hour Powertrain& Hydraulics F.O.BITERMS: EDEN PRAIRIE,MN BILL OF SALE ON TRADED PRODUCT(S) KNOW ALL MEN BYTi-[ESE PRESENTS,that the undersigned for valuable consideration does hereby assign,grant,sell,transfer,and deliver unto ZIEGLER,INC.the following Product(s); HN Dee Me 67.2.4T S9�z�I Make Model Serial Number Make Model Serial Number To have and to hold all and singular the said Product(s)to ZIEGLER,INC.,its successors and assigns. The undersigned covenants with ZIEGLER.INC.that undersigned is the lawful owner of said Product(s);that undersigned has a good right to sell the same;that undersigned will warrant and defend same against the lawfui claims and demands of all persons;that said Products)are free from all encumbrances except$ 0 payable to Address Signature ' Date This Rut of Sale on traded Products shall be effective as of the time of delivery to Purchaser of the Products purchased by Purchaser hereunder,or at such earlier time as Seller may assume physical possession of the Traded Products. Salesman's Signature THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE This offer to purchaser is subject to availability of the Products described SIDE OF THIS FORM, and does not become a binding contract for the purchase of the Products Purchaser; until accepted by 23EGLER,INC, ACCEPTED:ZIEGLER,[NC 814- By: (Title) Date; {Title) Date: Page 3 of 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Schlueter Declare Surplus Equipment VIILI. Fleet Services Requested Action Move to: Declare the November 2018 Surplus Property List as "surplus property" and dispose through authorized methods. Synopsis Periodically City departments take an inventory of obsolete and un-used equipment and identify items for disposal. These items are disposed of in accordance with City Code 2.86 Subdivision 3. "Disposal of Excess Property" The sale of used equipment helps fund the purchase of new equipment. Background Information The City of Eden Prairie utilizes several options to auction surplus property on the open market. The equipment on the attached list will be sold at public auction. The majority of the equipment will be auctioned using the Fahey Sales Ag and Construction Equipment, Fleet & Government Services Consignment Auction on Saturday December 8th or the December Tools & Business Equipment Auction on December 12th both in Glencoe MN. The City has used Fahey Sales auctions in the past and has been very satisfied with the sale proceeds received. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachment November 2018 Surplus Property List City of Eden Prairie November 2018 Surplus Property List (Page-1) Equipment & Miscellaneous Property: Item# Quantity Description 1 1 Heavy Duty Extension Ladder 2 1 Heavy Duty Ford Truck Specialty Bumper(Fits 2000-2004 F-Series) 3 1 Red Color Wall Storage Cabinet 4 3 Cabinets of Miscellaneous Brass Fittings 5 1 Rubbermaid Plastic Storage Cabinet 6 1 Diamond Plate Aluminum Truck Bed Storage Box 7 1 Diamond Plate Aluminum Side Bed Storage Box 8 1 Large Red Plastic Truck Bed Storage Box 9 2 Pedestal Fans 10 1 Portable Welding Screen 11 1 Ariens ST1032 Snow Blower 12 1 Matrix Electric Treadmill 13 4 Boxes Miscellaneous Weatherhead Hydraulic Fittings 14 1 Weatherhead Portable Crimping Tool Kit 15 1 Parker Gas Powered Leaf Vacuum 16 1 Armstrong Torque Multiplier Tool Kit 17 1 Purple-K Dry Chemical Fire Fighting System CITY COUNCIL AGENDA DATE SECTION: Consent Calendar November 13, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Dzevad Mahmutovic, Facilities Properly Dispose old Heritage Room Chairs VIII.J. Administration Requested Action Move to: Declare furniture obsolete and authorize the City Manager to dispose of surplus property per City Code Section 2.86, Subdivision 3. Synopsis Total of 195 old chairs from Heritage Rooms. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Eden Bluffs 4th Addition (CH IX.A. Janet Jeremiah/Angie Perera Robinson) Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 11.67 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The property is 11.67 acres and located on the corner of Liatris Lane and Charlson Road. The property is part of a larger CH Robinson office campus. There is airport property to the north, an office building to the east, and residential to the west and south. The property is guided and zoned Office. The proposed office use is consistent with the City Code and Comprehensive Plan and with previous approvals for the continued use of the property. CH Robinson has expressed the need for additional employee parking which has prompted the site plan application. The current application includes the construction of surfaced parking and construction of a 120,000 sq. ft., 2-story office building which is proposed as a phased development approach. Background In 2006, a PUD was approved for Phases 2 through 4 of the overall CH Robinson campus, which included this property. The approved site plan for this property included a 1-story 81,900 square foot L-shape building with 614 parking stalls. The 2006 approved plan also included access via two driveways onto Liatris Lane and a shared driveway with the existing CH Robinson building to the east. An existing stormwater management area is located along the south property line of this lot. CH Robinson has expressed the need for additional employee parking which has prompted the site plan application. The current application includes the construction of surface parking and construction of a 120,000 sq. ft., 2-story office building using a phased development approach. _ 2006 Approved Site Plan ,uecr,: II 1,ar ARCM rur s.r. jes BLDG. Subject property "C`r""'�'°'�'�' " is outlined in red i '� . , .:--,„„ii,,,,,, 4 T gir a as 4 14 al f r;l -�/, 40011 (7 1 1RYIRN / 1 1 -mil H61. alb R r`;�1� F PxP `. r i' • i fI. im. =� ,r 2018 Proposed Site Plan Phase III Subject property is outlined in red T _ - 2-story i �� - 40,000 sqJ;tflg _' 4p ap - I Phase expansion -� aaat__./ + 175 - 65 parking / • a parking �w spaces � _ o' ir spaces zII :."' C"-':----IV:to-% ( . ❑[ ! f 80,000 sq. ft. . �sORF° o.�. w �. Office z building ` �'�° o- --�, r. +607 parking .-_ __ -'N_°*t aza °`�° 0 o spaces i . - — °�° yL *ff � /iiiiiiiii, � _ � °-: The proposed site plan is similar to the site plan that was approved in 2006. The major differences between the plans include the following: Site Building Future Total Building Building Number of Total Plan Size Expansion Potential Height Shape proposed Parking Building Size access points Spaces 2006 81,900 sq. ft. None 81,900 sq. ft. 1 story L-shaped 2 (Liatris Ln.) 614 2018 80,000 sq. ft. +40,000 sq. ft. 120,000 sq. ft. 2 story Rectangular 1 (Liatris Ln.) 717 The proposed two-story building complies with building height requirements. The proposed site plan complies with the City Code requirements for setbacks, number of parking stalls, and parking stall and drive aisle sizing. Landscape & Tree Replacement Following Planning Commission review, the applicant provided a full tree inventory and revised landscape and tree replacement plan including landscape in all parking lot islands as required by City Code and temporary screening between Phase I and Plans II parking lots. The proposed landscape and tree replacement plans exceed both City Code and tree replacement requirements. The proposed tree replacement plan also exceed landscape and replacement as were previously required with the approved 2006 plan. Staff reviewed the revised plans submitted on 11/05/18 and has communicated with the applicant that additional modifications will be needed to the Site Plan, Landscape, and Tree Replacement plans prior to the 2nd reading by the City Council. Additional revisions needed include addressing the trees that are currently being proposed in the Phase I plan, over the storm sewer utilities in the northeast corner of the site near the access point to Charleson Road. Other revisions need to be made to the legends included on the plans to provide consistency with the landscape items as illustrated on the plans. The Site Plan shall also be revised to be consistent with the landscape and tree replacement plans. Sustainability Features The applicant has provided the City with a list of all existing and proposed sustainability features and has revised the site plan to include all sustainability features including the installation of bike racks. The applicant has included bike racks and designated stalls for car pools and charging stations for electric cars. Additional sustainability features proposed with the site include pedestrian walkways and access, LED lighting in the parking lot, MN native landscape species and drought resistant plants in the infiltration basins, shading of parking areas to reduce heat island effect. Sustainability features for the proposed building include: high performance, energy efficient, wall, window, and roof systems, materials and components locally or regionally sourced when feasible, low/no VOC building materials and finishes, maximize recycled and recyclable materials, and showers and changing rooms to support bicycle commuting. Orientation of the site was also considered to maximize daylight and energy savings, design to encourage occupant use of connecting stairways. Mechanical and electrical sustainability features proposed include: LED lighting throughout with motion and occupancy-sensor controls, high efficiency heating, ventilation and air conditioning systems, water conserving plumbing fixtures, automated digital controls systems, and maximizing energy efficiency and user wellness. Public Comments Several residents attended the Planning Commission meeting on October 8, 2018 and provided comments during the public hearing. Most of the comments were related to traffic safety concerns and opposition to the proposed access on Liatris Lane. Other concerns related to the proposed office use of the property adjacent to existing residential property. Staff has received a number of emails from residents opposing the proposed project and those emails area included within the City Council packet for review and consideration. Planning Commission Recommendation At the October 8, 2018 Planning Commission meeting, the Planning Commission voted 6-1 to recommend approval of the project as recommended by staff and with a few additional conditions pertaining to landscape that have been addressed and included in the plans stamp dated November 5, 2018. The Planning Commission further recommended that the Development Agreement include a requirement that the applicant should submit an updated traffic report prior to the application for a building permit for the Phase II project, so that staff can evaluate and determine what, if any traffic modifications are needed prior to the construction of the future building. The 120-Day Review Period Expires on February 8, 2019. Requested Waivers As a part of the PUD process, the applicant is seeking one waiver to City Code requirements as outlined below. 1. Allow an off-street parking lot on the property without a primary structure and allowing the parking lot to serve an adjacent lot. The applicant has identified a need for additional parking for their current employees before the need for additional office space. The proposal is to construct a portion of the parking on this property prior to constructing the proposed new building. The proposed Phase I parking will ultimately serve the overall campus and future building. Attachments 1. Ordinance - PUD 2. Staff Report 3. Aerial Map 4. Planning Commission Minutes 5. 2018 Petitions 6. Combined Resident e-mails EDEN BLUFFS 4TH ADDITION (C.H. ROBINSON) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018-PUD- -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office (OFC) Zoning District_-2018-PUD-_-2018 (hereinafter "PUD-_-2018- ). Section 3. The City Council hereby makes the following findings: A. PUD- -2018- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2018- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2018- are justified by the design of the development described therein. D. PUD- -2018- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2018, entered into between C.H. Robinson, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2018- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office (OFC) Zoning District and shall be included hereafter in the Planned Unit Development _-2018- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of November, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A PUD Legal Description Legal Description: Lot 1, Block 1, Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota. STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner I DATE: October 5, 2018 SUBJECT: Eden Bluff Business Park PUD (CH Robinson) LOCATION: Corner of Charlson Road and Liatris Lane APPLICANT: Pope Architects OWNER: CH Robinson Worldwide Inc. 120-DAY REVIEW: December 25, 2018 REQUEST: 1. Planned Unit Development District Review with waivers on 11.67 acres 2. Site Plan Review on 11.67 acres BACKGROUND The property is 11.67 acres and located on the corner of Liatris Lane and Charlson Road. The property is part of a larger CH Robinson office campus. There is airport property to the north, an office building to the east, and residential to the west and south. The property is guided and zoned Office. The proposal does not require changes to the guide plan or the zoning of the property. The proposed office use is consistent with the City Code and Comprehensive Plan and with previous approvals for the continued use of the property. In 2006, a PUD was approved for Phases 2 through 4 of the overall CH Robinson campus, which included this property. The approved site plan for this property included a 1-story 81,900 square foot L- shape building with 614 parking stalls. The 2006 approved plan also included access via two driveways onto Liatris Lane and a shared driveway with the existing CH Robinson building to the east. An existing stormwater management area is located along the south property line of this lot. CH Robinson has expressed the need for additional employee parking which has prompted the site plan application. The current application includes the construction of surfaced parking and construction of a 120,000 sq. ft., 2-story office building using a phased development approach. PROPOSED SITE PLAN The project is proposed to be constructed in phases.The first phase includes the construction of a parking lot with 175 parking stalls on the east side of the site, west of the existing CH Robinson building. The second phase is proposed to include construction of a new 80,000 sq. ft, two-story office building and an additional 607 parking spaces. The proposed site plan also includes a potential third phase that could accommodate a 40,000 sq. ft., two-story future expansion of the building. Full build out of the building Staff Report-Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 would bring the total square footage of the building to 120,000 sq. ft. Subject property 2018 Proposed Site Plan is outlined in red ; _ : : Phase III - ___ 2-story : ��,- ''D46. 40,000 sq. ft. office building 1 \ , �.;� _ ffi i' expansion % : � o i s il: ,-• :: - 65 parking ,� ,,,;,� � a �'/ spaces - _ .E 4 _ _ � � Phase I 14..,_:-„1:-- 4�, = + 175 ° 4. e - parking s aces c- P°as z �. PPhase II o 'a �=�RF Lot"°�2-story °' °80,000 sq. ft. °oiu3nA ao� .fl oOffice00 '�' .. Ggb �i. _ Q ©-. °o- i=�-.building _ � _ _ _.- zoo+607 parking - `�...,,, �`>�° — — O �, spaces � Ill_j 1 -••.. 1 -,T� ,ii,- ` , "F 2006 Approved Site Plan Subject property is outlined in red = .1•42.n ..BOAT* 611V SA I11Ai JMGES 5 I�SF. f C.P SIS LLIc S114S71.15 �' RESIDENTIAL / ` . R ri.\off CI--------------, i / i\ r J''4:--- , "g". ifillreirsemere!. mime!. \ - __ .+ ■ ram,. ■■:fr. 2 Staff Report—Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 The proposed site plan is similar to the site plan that was approved in 2006. The major differences between the plans include the following: Site Building Future Total Building Building Number of Total Plan Size Expansion Potential Height Shape proposed Parking Building Size access points Spaces 2006 81,900 sq.ft. None 81,900 sq. ft. 1 story L-shaped 2(Liatris Ln.) 614 2018 80,000 sq.ft. +40,000 sq. ft. 120,000 sq. ft. 2 story Rectangular 1 (Liatris Ln.) 717 At full build out capacity, the 2018 proposed site plan is an increase of 103 additional, new parking spaces and an increase of an additional 38,100 sq. ft. of building area in comparison with the site plan that was approved in 2006.The proposed two-story building complies with building height requirements. The proposed site plan complies with the City Code requirements for setbacks,number of parking stalls, and parking stall and drive aisle sizing. The 2006 approved site plan included two accesses points onto Liatris Lane whereas the 2018 proposed site plan includes only one access point onto Liatris Lane, which will be oriented to promote right-out turning movements. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environments available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking one waiver to City Code requirements as outlined below. 1. Allow an off-street parking lot on the property without a primary structure and allowing the parking lot to serve an adjacent lot. The applicant has identified a need for additional parking for their current employees before the need for additional office space. The proposal is to construct a portion of the parking on this property prior to constructing the proposed new building. The proposed Phase I parking will ultimately serve the overall campus and future building. ARCHITECTURAL STANDARDS The building architecture and building materials meet the standards of the City Code. The building is designed to be compatible with the existing buildings on the CH Robinson campus.The building includes façade recesses and projections as well as roof line variation. The predominant building materials include brick, stone and glass. The color of the brick and stone will match the brick and stone used on other existing buildings on the campus. The rooftop mechanical equipment will be screened using a metal panel. 3 Staff Report—Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 Existing Building r - cll.ROBINSON L. r. •_ PHASE Proposed Building 11 1 1 1 II 1 1 „- LANDSCAPE 1 LANDSCAPE PLAN & TREE REPLACEMENT 2006 Landscape Plan& Tree Replacement-There are a significant number of existing trees along the south side of the property near the existing stormwater management area. These trees were installed in different phases shortly after the stormwater management area was constructed in accordance with the tree replacement and landscape plans that were approved with the 2006 PUD. 2018 Landscape Plan -The landscaping requirement for the building is 697 caliper inches. The landscaping requirement is intended to soften the areas immediately adjacent to the building and paved areas, to create pedestrian scale spaces on the site, and to screen off-street parking. The landscaping plan includes a total of 968 caliper inches of landscaping material, including MN native species and exceeds the landscape requirements of the City Code. In addition to the trees,the applicant is proposing shrubs and perennials along parking lots as screening, along the building foundation to enhance the appeal of the building, along the sidewalks, patios, and seating areas to enhance the human experience of these outdoor spaces. The site plan also includes landscape within parking lot islands,however not all of the proposed islands meet this requirement. Staff 4 Staff Report—Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 has discussed this with the applicant and they are working on revising their plans to comply with this requirement prior to being scheduled for city council review. 2018 Tree Replacement-The 2018 proposed site plan indicates that 11 trees will be removed from the site. Tree replacement is not required for these trees since they are not significant or heritage trees although, a full tree inventory is required to be submitted to city staff for review in order to determine compliance and implementation of the 2006 tree replacement and landscape plan. Based upon staff's review, additional tree replacement may be required if any tree loss has occurred over the years. The applicant is aware of this and has agreed to submit this information for city staff's review prior to this item being scheduled for city council review. SCREENING Initially, the applicant intends to construct a portion of the proposed parking lot closest to the east property line. A phased landscape plan has been submitted for the site and the phasing limits are shown on the plans. The parking lot will likely be the only use on this site for some time since the timing of the phasing is unknown at this time; therefore, staff is recommending temporary screening to be installed. Landscape screening shall be provided on the north, west and south sides of the parking lot between Phase I and Phase II. This temporary screening should be installed during Phase I of the project. The applicant is working on revising the landscape plans to include this temporary screening as recommended by staff and will submit to city staff for review prior to this item being scheduled for city council review. Depending on how the temporary screening is designed, the plants providing screening for the parking lot may be able to be transplanted with the construction of Phase II. DRAINAGE The stormwater management pond has already been installed and is located along the south side of the property. The plan is designed to provide stormwater management for future phases and full build out of the property. The applicant is required to provide a plan to address how stormwater management will be handled for the initial parking lot. Review of the stormwater management system is ongoing. The applicant is continuing to address comments from the Engineering Division. TRAFFIC A traffic study was completed for the proposed development. The traffic study, which analyzed the combined Phase I and Phase II portions of the development, found that the proposed office building development is expected to generate 1,324 new trips during an average weekday, 187 new trips during the a.m. peak hour and 178 new trips during the p.m. peak hour. All study intersections are forecast to operate acceptably in terms of delays and queues through the office building build date, which for the study was 2019. Following the build scenario, the only substandard operating intersection that is not internal to the development is the westbound right turn movement on Charlson Road at Spring Road. This forecast queue length is just over the five-vehicle threshold used in the study. Because of these relatively acceptable operations, a change in the intersection control is not recommended now. 5 Staff Report—Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 Minor internal vehicle circulation changes are noted in the study to decrease conflicts and vehicle queues. The study also verified that a single access to Liatris Lane would accommodate forecasted entering and exiting volume and placed the risk of drivers seeking an alternative route through the neighborhood as small. Additional measures noted in the study to ensure this include; locating the access north of Plumstone Drive, signing the Liatris Lane access for right turn only for exiting vehicles and providing two outbound lanes at the existing site access to Charlson Road. A travel demand management plan was also submitted with a mission to reduce single occupant vehicle travel to the properties by 15%or approximately 330 employees by the end of 2021,which is anticipated to be three years after the Phase I parking lot expansion. SIDEWALKS There are existing sidewalks along Charlson Road and Liatris Lane. The applicant is proposing installation of concrete sidewalks through the parking lot from the building and connecting to the public sidewalks along Charlson Road and Liatris Lane. The site plan also includes internal concrete sidewalks and striped pedestrian connections in the north and east sides of the proposed new building.This provides a safe pedestrian facility for those people walking between the proposed building and the public sidewalks and parking lot. SIGNS The plan shows a monument sign near the entrance to Liatris Lane and one near the entrance to Charlson Road. The proposed signage will require a separate sign permit application and compliance with the sign regulations of the City Code. SUSTAINABLE FEATURES The lighting in the parking lot complies with City Code requirements and will be LED. The landscape plan also includes MN native species. Staff recommends the installation of bike racks to encourage alternative transportation. The applicant should also provide the city a list of all existing and proposed sustainability features and revise the site plan to include all sustainability features including the installation of bike racks prior to City Council review. PUBLIC COMMENT/NEIGHBORHOOD MEETING Due to the proximity of this development to the Flying Cloud Airport,the applicant is required to file an aeronautical study with the Federal Aviation Administration for the proposed site. A copy shall be submitted to MAC prior to commencing construction. MAC also recommends including noise attenuation for the building, and the use of non-fruit bearing tree species. A neighborhood meeting was held in 2017 based on a previous plan proposed by the applicant which included a three-story building and two accesses onto Liatris Lane. The applicant revised their plans based upon public comment received from the neighborhood meeting and resubmitted their plans to the 6 Staff Report—Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 city for review. The applicant has scheduled a follow-up neighborhood meeting for October 4, 2018 to share the revised plans with the neighborhood and to provide an update regarding modifications they have made to their site plan. The following written public comments have been received and are attached with this report for the Planning Commission's review. • Deane Conklin III (President, Hennepin Village Master Board) - letter dated 09/27/18 attached • Victor& Lyudmila(residents at 15463 Junegrass Lane) - email dated 10/02/18 attached • Vicki Price (resident at 15487 Junegrass Lane)—email dated 10/03/18 STAFF RECOMMENDATION Recommend approval of the following request: 1. Planned Unit Development District Review with waivers on 11.67 acres 2. Site Plan Review on 11.67 acres This is based on plans stamp dated 10/01/18, 2018 and staff report dated October 5, 2018 and the following conditions: 1. Prior to City Council review, the plans shall be revised as follows: A. The applicant shall provide a full tree inventory to city staff for review. Additional tree replacement may be required based upon this review. B. A revised landscape plan is required prior to city council review. The revised landscape plan is required to include landscape in all parking lot islands as required by City Code. The revised landscape plan shall also include a detailed plan for temporary screening between Phase I and Plans II parking lots. The temporary screening shall be required to be installed during Phase I. C. The applicant shall be required to address the comments as noted within the 4/16/18 Engineering Memorandum per the review and satisfaction of the City Engineer. D. The applicant shall provide the city a list of all existing and proposed sustainability features and revise the site plan to include all sustainability features including the installation of bike racks. 2. Prior to Land Alteration Permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 7 Staff Report—Eden Bluff Business Park PUD Amendment(CH Robinson) 10/05/18 C. Submit a Travel Demand Management (TDM)plan security equal to 100% of the cost of implementing the first two years of the TDM plan. D. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval and execution of a landscape agreement. 3. Prior to building permit issuance for the property, the proponent shall: A. File an aeronautical study with the Federal Aviation Administration for the site. 4. The following waivers have been granted through the PUD District Review for the property: A. Allow an off-street parking lot on the property without a primary structure and allowing the parking lot to serve an adjacent lot. The applicant has identified a need for additional parking for their current employees before the need for additional office space. The proposal is to construct a portion of the parking on this property prior to constructing the proposed new building. The proposed Phase I parking will ultimately serve the overall campus and future building. 5. All signage shall require review and approval of a sign permit. 8 Guide Plan Map: Eden Bluff 4th Addition (CH Robinson) Address: Charlson Road and Liatris Lane Eden Prairie, MN 55344 111/ , --- ir ny ,.. • , . 111 ��i II & 0 mi lait Project Site .104. p 4 ' ��- ��� S ,/�11111111111 1.1, * ' 4* = \\11b.-- 41j r • 811111111111 _______ , ......„------ e .. . RIVERVIEW City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre — Community Commercial StreamsFIR 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial —A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center i +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 DATE Revised 0-01-07 E a E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 1-1 AirportGolf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM 2 Office/Public/Open Space Right—Of—Way 490 245 M O ogamm�Me mo1m_o.„®o�o..o.a, o .,0..490 Feet - Industrial Q CityLimits Zoning Map -Eden Bluff 4th Addition (CH Robinson) Address: Charlson Road and Liatris Lane Eden Prairie, MN 55344 AIR pRT RUNW AY TAXI hIllkiv.___ _ An lk***11 � �� \ , TirNis I� , • 1 Project Site Air • :#: .� �`� � 111111i111i *Pi II�� SIMI.111 — e! 4ES UD iii MI En NI I 14'4 City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0.1 25 0.25 Milesm°au_...m..=m._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Eden Bluffs 4th Addition (CH Robinson) Address:Charlson Road and Liatris Lane Eden Prairie, Minnesota . R_ 4 'Ilk:. _4 114fittitt Cyq - 3 � R ' ' � _ RCS pN .it . ,, , , , ..w,. iiitilflir 4 4 9• ?Sollitto ft', - Preit,,, ,.. roject Site w4704ip ,e4z-- ,off'' 1.......„......,,..:..,. .. _ r .,� t !ip ilrit. . . _ ...., , /, s'- ,'7,,,..: : 1/$p 1 *;s. - / . Aliot:41r/% 4 41411/2111:""itr $ '4t4jjjjii;jJ!iI . ' E I-rlFF! 111:9 4s ��.."4/ •♦�yy��{ r Vit [ - fTII Mtl'lattlitF€ilF "--44,110,ilt . : .,., 11*/* -, . ,P, : *4-4&IW.• %/0 la*VIP .-- - . " 1St; c.....", ' , : .. ,&1911117 -.4411p7 *At iiit, V 4 n _ jFlf.3 Ktigill _ __,_kjiiii47 4411,4‘W -...-.! IN : !,t ii 1144killill) If, ";*-" lbb ' 7 itii 'w itt ,:, .. ,,_,.. ..,,, .._ ,,, , ,,, ................. ,, ii it 1 1 rci I " s 4,slikl,V lEEEtf4F FFtff {kXlglF�'rkM f. f lkff:— y -FJ .. c N • 7.- 4 t' . OD • .- GO A . , ;Qi +*F140 • 280 560 Fe- * APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 8, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Absent was commission members Mette and Higgins. III. APPROVAL OF AGENDA MOTION: Freiberg moved seconded by DeSanctis to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Kirk moved seconded by Farr to approve the minutes of September 24, 2018. MOTION CARRIED 7-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. EDEN BLUFF 4TH ADDITION (CH ROBINSON) • Planned Unit Development District Review with waivers on 11.67 acres • Site Plan Review on 11.67 acres PLANNING COMMISSION MINUTES October 8, 2018 Page 2 Brian Hennen, manager of Procurement and Real Estate for CH Robinson, gave an overview of the application. The 11.67-acre property located on the corner of Liatris Lane and Charlson Road, part of a larger CH Robinson office campus. In its continued growth, CH Robinson delayed the building of a fourth office building, and there is no timetable for it to be built. Their parking on campus was at capacity, driving an imminent need for more parking spaces. Hennen held community meetings with the Hennepin Village community in 2017 and 2018, and also hosted a meeting with Hennepin Village board members. The current application represented a compromise. Paul Holmes, Vice President/Principal of Pope Architects, displayed a PowerPoint and detailed the application. The project for the Eden Bluff site had been approved in 2008. The immediate need was for more parking, with a later timetable for the fourth building. After neighborhood comment on the originally proposed three-story building, the future building and the present parking application asked for a two-story, 80,000 square foot building, expandable to the west to 120,000 square feet, and 175 surface parking stalls. This plan had one access point to Liatris Lane in response to a traffic study done in August, 2017. It included a dedicated right-turn and dedicated left-turn lanes onto Charlson Road. The building height was 22.5 feet high to the roof and 30 feet high to the parapet, and followed the Eden Prairie Design Guidelines adopted in 2016. Holmes displayed the views of the trees planted in 2004 which were now essential screening, and a view with the completed parking and future parking. The nearby townhomes would look over the building site. Holmes displayed the drainage plan which collected storm water into two undergrown containment vessels and drained into the pond. The landscape plan would add trees to the screening between parking and the townhomes and in planting islands, and would also be screened from Liatris Lane. Klima presented the staff report. In 2006, a PUD was approved for Phases two through four of the overall CH Robinson campus, which included this property. The approved site plan for this property included a one-story 81,900 square foot L-shape building with 614 parking stalls. The 2006 approved plan also included access via two driveways onto Liatris Lane and a shared driveway with the existing CH Robinson building to the east. An existing storm water management area was located along the south property line of this lot. The current application included the construction of surface parking and construction of a 120,000 square foot, two-story office building using a phased development approach. The project is proposed to be constructed in phases. The first phase included the construction of a parking lot with 175 parking stalls on the east side of the site, west of the existing CH Robinson building. The second phase proposed to include construction of a new 80,000 square foot, two-story office building and an additional 607 parking spaces. The proposed site plan would also include a potential third phase that could accommodate a 40,000 square foot, two-story future expansion of the building. Full build out of the building would bring the total square footage of the building to 120,000 square foot. PLANNING COMMISSION MINUTES October 8, 2018 Page 3 As a part of the PUD process, the applicant was seeking one waiver from the City Code to allow an off-street parking lot on the property without a primary structure and allowing the parking lot to serve an adjacent lot. The applicant had identified a need for additional parking for their current employees before the need for additional office space. The proposal was to construct a portion of the parking on this property prior to constructing the proposed new building. The proposed Phase I parking would ultimately serve the overall campus and future building. Letters from the public were included in the packet and available on the table for Commission members. Staff recommended approval of the project subject to the conditions in the staff report. Farr noted Phase One included no temporary storm water treatment other than the existing ponds and asked if this would be adequate until the underground treatment plant were constructed. Rue replied the pond was built in earlier phases and a trunk line fed it. Underground infiltrations would be provided in the future. Deane Conklin of 15529 Junegrass Lane, President of Hennepin Village Master Board and President of the Heritage Townhome Subdivision Association, also a retired banker at the Chase Manhattan Bank with an undergraduate degree in economics and an MBA in Finance, raised his and current residents of Heritage Village objections to the project. Most homeowners made their home purchases after 2006 and thus had been unaware of the prior approvals, and were blindsided by the Eden Bluff business park PUD. He displayed a 2006 color exhibit used in marketing homes by the prior developer that showed a blank area with prairie grass on the development site, and stated no mention was made of this future development to homeowners buying homes in this development. Residents were concerned about property values, traffic, and safety. The Hennepin Village Master Board considered the impact of this project on other homeowners, not just those that would overlook the site. Citing the staff report, Conklin raised concerns about land use and traffic impacts. The Traffic Impact Study was conducted during a non- school vacation month in August, 2017, a month that did not include school bus movement and not representative of either peak-use or normal levels. The queuing and backup issues raised in the report and experienced at CH Robinson were a concern even in the study month of August. The construction of a roundabout at Charlson Road and Spring Road would mitigate backup issues. Conklin called for a refresh traffic study based on a school day, work day weekday before any building permits. He suggested leveraging the Grace Church parking lot with a shuttle. CH Robinson's CFO cycled to work; Conklin asked if this and other out-of-the-box solutions would be considered by CH Robinson and the commission members. He called for a four-way stoplight on Charlson Road and Liatris Lane and the consideration of a roundabout at Charlson Road and Spring Road before construction of the parking. Drainage and landscaping, especially along the southern border, were also major concerns. Residents did not have the most up- to-date information, and the Hennepin Village Board would entertain retaining an PLANNING COMMISSION MINUTES October 8, 2018 Page 4 engineer at its upcoming meeting on October 15. Conklin urged the developer to use the City's geocoding software to inventory trees as Hennepin Village had been required to by the Natural Resources Department of the Parks and Recreation Department. He urged a requirement to use the geocoding software, an independent engineer retained by the Hennepin Village board be allowed to review the drainage plan, and the aforementioned traffic study refresh be added to the staff report as conditions of the development. Victoria Pellar Price of 15487 Junegrass Lane spoke against the project, likening it to a "shotgun wedding." She stated she, like others, was completely unaware of the prior approval and stated the major objection was the fact their only entrance/exit point(at Liatris exit) was being cut in half. This T-section was utilized by school buses, bicycles, pedestrians, and parents with strollers and she stated the homeowners could not imagine that street being turned into an access point for the CH Robinson parking lot. She was concerned about safety and access in light of the increasing traffic, and called for no approved expansion until a refreshed traffic study was done that reflected the school calendar year. When Highway 61 closed, traffic accessed the area from Spring Road, causing bothersome congestion. The top of Junegrass Lane was a steep incline and every winter her and her neighbors' cars became stuck, forcing residents to back down the street to Charlson Road to turn or to turn on Plumstone Road in order to reach their homes. Given the existing traffic difficulties, she was concerned about the addition of 700 automobiles attempting to reach the CH Robinson site. Kenneth Dedeker, Eden Prairie resident 10064 Indigo Drive and President of Prairie View Townhome Association and Vice President of the Hennepin Village Master Board, echoed Conklin concerns regarding traffic, particularly at peak workday hours. He also called for a refreshed traffic study and a four-way stoplight. He complimented CH Robinson for moving the access from Plumstone to Liatris,but reiterated that not enough had been done. Charles Batchlor of 15211 Plumstone Drive expressed concerns about traffic, as he had a son who caught the bus at Plumstone and Liatris, and stated the potential for loss of property values at the construction of a parking lot and office building close to these homes. Kaju Kalidindi of 15457 Junegrass Lane echoed others' concerns and added if the Liatris Drive access to CH Robison were to be reserved only for emergency vehicles, this would lessen the congestion already seen by the residents. He was unsure how the drainage would affect the homeowners, but wondered if the present drainage contributed to the mosquito level in the area. PLANNING COMMISSION MINUTES October 8, 2018 Page 5 Venkal Marikondy of 15473 Junegrass Lane echoed others' concerns about the impacts of traffic of this commercial construction on the residential area. He emphasized how pervasive the apprehension among the residents was. Vijama Ravella of 15099 Plumstone Drive objected to the development due to the difficulty of getting to Charlson Road with the addition of half(350) of the projected extra cars (700). He echoed the concerns about the necessity of pushing cars in the winter due to the steep road and congestion, and asked for a creative solution. He was a new resident and was disconcerted by the present level of traffic—seven bus stops on his street. He urged the commission members to consider the safety of the residents. Saidaar Bommareddy of 15172 Plumstone Drive expressed his concerns about buying a home in an area that appeared to be completely different than what the development now shows, due to him being unaware of the prior approvals and having never been told about them by the seller. He expressed concerns that his property values have already gone down due to the CH Robinson development, a trend he feared would continue. He also called for a refreshed traffic study conducted during a peak use month. He invited the commission members to witness the traffic for themselves on Liatris Lane, where a bus stop could not be considered due to the traffic configuration. Rebecca Prochaska of 15787 Porchlight Lane also called for a refreshed traffic study and for alternatives such as using the parking at Grace Church with a shuttle service. Venkal Chandue of 15371 Plumstone Drive stated the traffic was not a concern ten years ago when he moved to Eden Prairie but already was a concern even before the construction of this development. He was also concerned for the cyclists and pedestrians using the roads. MOTION: Weber moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0. Pieper noted the many concerns regarding traffic. Rue replied he assumed the August, 2017 traffic study took these concerns into account and utilized adjustment factors from MnDOT which was typical in writing such a study, but he would check with the consultant. A refresh was possible and even going beyond that to analysis and examining alternatives was possible. The traffic study talked about two main concerns: the Spring Road and Charlson Lane intersection and the roundabout at that intersection; and the "office entrance" on the east side of the CH Robinson campus, north of Charlson and Flying Cloud Drive. Distribution of traffic was talked about in the report, and the majority of traffic to the office park was from Flying Cloud Drive. Therefore, most traffic PLANNING COMMISSION MINUTES October 8, 2018 Page 6 numbers were coming from the east and would not access the neighborhood. He suggested some access improvements, such as the proposed channelized right turn at Liatris, geometric improvements to discourage people turning left, and a median three- quarter access to create more right turns. Pieper asked Hennen to address the traffic and parking. Hennen replied 175 parking spots followed the City's recommendation. CH Robinson was asked to do the study in July, 2017, so August was a choice. There was no timeline to build the building and Hennen stated it could be deferred. The 175 parking spots would not be part of the entrance/exit, but come out of the eastern side from Flying Cloud Drive. Farr asked, given the delay of Phase II and Phase III, what the shelf life of the traffic report was. Rue replied the study stated a projection of 2019 and presuming nothing would change on the proposal, this report would have a long shelf life,but it did not look at 2030 or 2040 as the comprehensive plan did, so could have a longer time horizon with this improvement in mind. Farr asked if traffic report addressed the impact of the 175 parking stalls. Rue replied the traffic study dealt with the building of the 120,000 square foot building rather than the interim traffic concern. Farr asked how to measure traffic inconvenience and congestion at intersections and stop signs, and if the traffic report stated there were acceptable levels of service after the Phase II and Phase III development. Rue replied the study dealt with the two access intersections (Spring Road and Charlson, and Charlson and the office park) which were of most concern, and the latter was at maximum queue or desirable queue. The middle intersection of Liatris and Charlson was not addressed by the study. Farr asked if there were neighborhood complaints at other intersections. Rue replied the summer of 2018 was a good test with the closure of Flying Cloud Drive, causing more traffic on Charlson Drive. He expected the study's numbers to be consistent with future traffic projections. Pieper asked the process for the developer coming forward only to build the parking lot. Klima replied staff always encourages sharing of the complete development proposal rather than looking at it piecemeal. If it came in at Phase I, the question would arise about subsequent phases. This entire plan had been approved in 2006. If the request was just to complete the first phase, a PUD amendment would be needed to address the waiver to allow the offsite parking, because the existing approval does not allow for offsite parking (due to the property being in separate parcels). Moving the property line to accommodate the different parcels would also involve time and process. Villarreal asked what the process was if the applicant wanted to build the property to the 2006 agreement. Klima replied the process would go through a land alteration permit and a building permit, and the 2006 conditions agreed to would have to be met. Villarreal asked if there was a condition to redo a traffic study. Klima replied she was not sure of PLANNING COMMISSION MINUTES October 8, 2018 Page 7 specific development agreement language, but it was not a typical requirement to redo any traffic study when the construction actually begins. Villarreal asked for and received confirmation from Hennen that there were existing concerns with parking. Hennen admitted the project was at capacity for parking. CH Robinson had hoped to break ground before winter but was now looking at alternatives for parking until 2019. Kirk noted for the residents, safety and traffic concerns were overwhelming. He wondered how big the traffic problem were at 175 new spaces (in the near future) as opposed to 700 (the total), and asked if the traffic study should be refreshed comparing 175 and 700. He also asked if the commission members could build into the approval of this project a requirement for a new parking study prior to the implementation of Phase II, the date range of which was presently unknown. Farr replied he was not sure time would change findings or recommendations until traffic behaviors change. If the assumptions stay the same, a refresh would not uncover new findings. Kirk replied even if the data didn't support a refresh it raises yellow flags, and the perception of the residents was there was a significant problem already. Farr stated a microanalysis of school bus movements and cars at peak was probably not addressed by the traffic report. Kirk agreed, and stated he and Farr both saw a need for a deeper dive into the traffic improvements. Freiberg emphasized the issue of trust and added he would like to see a traffic refresh both to shore up the confidence of residents and arrive at a compromise. Kirk agreed, and asked if this was needed immediately. Freiberg replied it should be done as soon as possible. Conklin interjected, but Pieper requested to continue the discussion with the Commission. Hennen agreed a refreshed traffic study was possible. Discussion followed on a timing of the refreshed traffic study as a condition in a motion for approval of the project. Farr observed the discussion was getting bogged down in traffic when Phase II and Phase III had not been discussed. He stated staff appropriately guided the applicant toward a waiver of the PUD since the original building plan overlapped with its current parking request(175 stalls). Pieper asked for and received confirmation from Klima that there were no waivers regarding building height. Klima replied the only waiver was being sought for offsite parking. Farr noted the residents of the townhomes looking out to the north would see more architecture than roof, since the project asked for a two-story building rather than a one-story, and he had no problem with the height and orientation of the building. Villarreal noted the applicant was asking for approvals of future Phase II and III. The concerns were the traffic study as it applied to the impact on the residential area, and a better understanding of the landscaping and trees. He suggested requiring the applicant complete a full tree inventory and to do temporary screening during construction. Kirk PLANNING COMMISSION MINUTES October 8, 2018 Page 8 agreed with that approach, and added Farr made a good point about the asset of the height of the building—it was not necessarily an asset to the homeowners nearby but it was also not a detriment. No one at this meeting was responsible for what was or was not communicated to the residents when they were purchasing their homes, but there was, since 2006, always a building and always a development project for this land, and the information about this development(including the future building) was always available to the public whether or not the public was aware of it. He emphasized the commission was trying to find middle ground to give the public and the developer a win-win option. Villarreal summarized the concerns: a second traffic study and a tree inventory plus temporary screening during construction. Weber asked if the commission was requiring a new traffic study before the construction of Phases II and III or even earlier. DeSanctis argued the central issue here was requesting a second traffic study. That would show a good faith effort but also address safety as well as the real time and immediate livability of this community. Such a study would be commissioned during the peak period of use, such as autumn or winter. Kirk asked if this should be commissioned before the construction of 175 parking spots (immediate construction) or the 700 parking spots (future construction). He added he would support doing such a study before the Phase II implementation. Freiberg agreed, and requested it be done immediately. Discussion followed on crafting a motion with conditions. MOTION: Farr moved, seconded by Kirk to recommend approval of the Eden Bluff Fourth Addition project based on information contained in the October 5, 2018 staff report and plans stamp dated October 1, 2018 with the following amendments to the staff recommendations: 1B: "revised landscape plan is required to include a landscape in all parking lot islands required by City Code, and the revised landscape plan shall also include a detailed plan for temporary screening between Phase I and Phase II parking lots. The temporary screening shall be required to be installed during Phase I; further, approximately 15 coniferous trees scheduled for the south side planting as a buffer for the Phase II development shall be planted permanently or temporarily at this time during the Phase I construction and relocated as required in the landscape plan during the Phase I construction. The second amendment to the staff recommendation would add condition 6: "The development agreement shall require an updated traffic report to address the safety of the existing residential neighborhood,both pedestrian and vehicular,prior to the application for a building permit for the Phase II project."MOTION CARRIED 6-1 with one nay vote by Freiberg. VIII. PLANNERS' REPORT IX. MEMBERS' REPORTS PLANNING COMMISSION MINUTES October 8, 2018 Page 9 X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Kirk to adjourn. MOTION CARRIED 7-0. Chair Pieper adjourned the meeting at 10:09 p.m. C.H. Robinson Expansion—Concerns regarding Eden Bluff 4th Addition To, 1) Angie Perera (City Planner) 2) Eden Prairie City Council and Mayor 3) Eden Prairie Planning Commission members We would like to share our concern regarding the planned office space expansion for C.H. Robinson and its potential effects on nearby residents. Subject: - 1) Residents of Hennepin Village community (hereinafter, referred to as"Residents") have concerns against C.H. Robinson (hereinafter, referred to as"Applicant") surface parking lot. 2) Residents are highly concerned with Applicant's potential to continue expansion during subsequent phases. 3) Residents are highly concerned with Applicant's traffic going through Liatris Lane and potentially other Community/Residential road(s). 4) CONSIDER building a privacy wall along with Liatris Lane to reduce the privacy, safety concerns of residential neighbors. Concerns to City Planning Commission and City Council: - Surface parking lot: The construction of the parking lot will result in a drastic increase to noise and smoke levels in the surrounding area, as a well a reduction to privacy and security for Residents. If the Eden Prairie City Council (hereinafter, referred to as just"Council") moves forward with this plan, Residents request Council to approve &carry out the planting of high-rise trees and a fence of acceptable height around affected community areas prior to the commencement of parking lot construction by Applicant. Construction of office buildings with additional parking: The originally approved plans were for residential construction purposes, so the question is raised; why is Council approving commercial construction next to a residential neighborhood? Residents sincerely request that Council ensure the safety and future of its Residents are the top priority. Moving forward with this construction project will force the lives and daily routines of 700+ Residents into a state of chaos and require them to guard their neighbors and children at all times. In addition to the previously mentioned concerns, there are other serious ramifications that would result from this proposed plan. There will be negative impacts on home values, life styles and privacy, as well as interference to the natural flow of air and sunlight, and much more. Traffic increase at&near intersection of Liatris Lane &Charlson Road: Based on Applicant's proposal, the Council is approving the flow of commercial traffic through a residential neighborhood/street (opening onto Liatris Lane from Applicant's parking lot in both 1 directions). It is painful to note that Residents are being forced to deal with the pain and burden of commercial traffic resulting from Applicant's employee vehicles. Equally painful is Council not fully considering the safety of families, especially children. Despite more than 700+ residents expressing concerns, it is surprising that the proposed project plan has even come under Council review prior to resolving Residents'concern. Additional background detail on Residents'experience: At the time of purchasing homes (2006/2007) Ryland Home Builders (hereinafter, referred to as "Ryland") informed Residents that a community center and a 2nd swimming pool were going to be built. Some homeowners also believed that the pool and/or community center would be located on part of Applicant's proposed project site. Residents have not received any such swimming pool or community center to date, and additionally, they have been dealing with Applicant's proposed plans, which are a source of great worry and stress. In summary, Residents are collectively asking the question, "Why is the Council ignoring the well- being of its Residents and moving ahead with the approval process?"As you can see from the valid concerns outlined in this letter, we believe the proposed plan from Applicant should be dismissed by Council without further consideration. Once again, please consider your RESIDENTS FIRST!!! Thank you. Respectfully, Residents of Hennepin Village community Attachments: 1) Details of current residents such as Names, Signature, etc. 2 Printed Name Signature Address/Email/ Phone went Date Lel,k a'owl) P Vkti- 1 11 i t p, I jy� `EI ,ry yi I. li II .f 0O2- e,r.•ki Dr V ► do, e r\,^k ss 3 t.'1 77 14 mac, 4 re, ci,,,,,,„ ...��--- Lh-0C7/ pc")M 710 2 V ?C20 i 2-0 @cr(VaL(`CtSnl . P cT r - jL 4}'nr- 10t24 YILIS Licir tv)L )5131, U. c\-3-R)T19-Nil 4 (..%,.\)uv, . . 9e-INJ r rb19-)(2-1 e) S•5'cLr -' W4\1‘ kk 1 Lk.\?id(SY v`t--.L� . C<vt,L 10 k5 1—/ Cite 1^�c, c . 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TA-TiA,tr:..Af,g.i -I K E3 t,7„/Lv C .J..\, 6 J IL , (0 , 1 T7-2 ( LAJ fLpFt.0 to cz R 0 g..._ .e EIS IA Q E a r �Z ci. Lr�A C� of._ Es kN ue&orl A 3-4-(GO, � ) s NAO= L, lkj_/;.-- � P �'� 11I I (s_ifoR_F kv -C7Z lonne; T- r -d P-1, Pjuseyvci....._t(...4\t"re.-- --- 116tliA'''I- 11 )10 1,(1- ➢rac--L'-e, M NI_s-c3/44- l'\O l• 6.^'N VIDya Sir.k.,,4{2, Vi .4.1_,.____,-) I 0 1 °I 2— 2,11 c:t;? fi., a vi p__e_.-1,-7-L, v ‘-c:‘,1 . Ca- yokr,ir 11/ (, i . , ec___,-kr U. ._,‘;,(-e_....,0,1- ..)\-r__, Al yv c--- -3,,,,3— - ct...., `-i-- ( V rA-ty bkii "i/r 100I21_c LAI CAT Y�4 d 1`l/VT ` a ill(I((2 'r 1Ie (�(4-)534loi i (13)/ p 1 1),,, _. la fICDif V21r— E22ir) pY�1Y%/ 10 . -) 44 fi lii/)2 rhh,12ysgcv- NiviLakli ,, -Petition to stop three story building of CH Robinson, #4 Printed Name Signature Address/Email/ Phone Comment Date P.nTa-tnrie NitK vELL-1 tSS vi Li L-tLaC__ 0. L ®V)-SECT T E c. 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Rcb._--..c.--- a._1 vAt- SG3,-t-i „2„,9,,Tc.,..0.ij----61,--.- cif krilAr 1 r•\ 1 ,6().z- Lt1La.t -0-y- NiD-e--- - I gi,LA.,(4,,,„, ,1/4,,,,,z4 ,y, OU I,1 .5i,e1 ' (,/kuvtdor V , v\Alf\ .,-3,A.n Qrcv 11 t L' ,/��i"!// �� Li L-c)- ON 5 4.m `t,'Le 2 ', f 1/$ -Petition to stop three story building of CH Robinson, #4 ', Printed Name Signature x Address/Email/ Phone Comment Date 1 1, \55L)c \\\I a..r . \)C z -- ,---AD -(-L.--t iiie C_V1 "011 Pc r c,,,.. k __ „rncz( 'b\k-'. -k\ .. ///r0 ilf\'‘.1(' ':',,1 C-,L-k- -3,-,.3 - 43 ,,0'y-3\cey, , ..71.;.,,- , ,c-,-n c-559 L lac ) o j Ns s(o- u ,,,c,-P4_ \c3,-, , q 61)' '‘ v c2) . Qica(e:\j 'A00111,cc/1--,,,,-De ! --- ,,- tizippuu-c '\A- -.:-- ,, • L /6-SVS ///aCC 1/-2(---.‘ _,<_. 41 i, i / .., , /7 ' 3 ,chlie ,,,,,t,,,As- f/tz6,,,,L,,, , ,_______ n I be 4c,ii tsscv*ii(Li/(all i5sg-2_ i..;-cp,-,?' o-y, I , bce_tt—• L-b\- 1\10,,,pc.fiAn Pr f -r''j.'" ,,,,,l_t.„,/-v-\ek-r. i'•f- '-- J fr-t, '-`1- uc-i e,6p,...:',"' s-r6-,-) c'1Y--6-to 2-- 1 i/41) ) . i 1 it-c DY q 6, I-3'e c r 1111.111i, 1 1 0 i;jRA, r„-,..\-,- Nr . S pi K. 11/\ LftC '.(S 5S L I P Z. \,--, rok Qe- 5-< 1-t: -. ,6 1 2_ 2_1 0 S 3w \_[1,-VIcg 1--L••"z- L-c\-cf\J\ '--OSS-(--kk' Lq,•)A 9r0A re, Ifri G 53 POTRUal 1/ r .- --' apc,4 19R/-13-_q5, - —Petition to stop three story building of CH Robinson, #4 S': i & ; Emai[ x !,-,kiil-z-i/ 7 (),\03-eC 1 4.1 titsiiVir n14.,___. ; 5-21? P G '1 . ' A„Pil —er---/1- ' ; icaxt ti . z .. /7 1 Renincit - 71._)4,,i,,fA,,,1„03 ' tSbpci -'-' ° ) - - ,,--) ttloc,)11 ; p;,-/ .7 Ii-ig_ ' ' n‘leia,..-bfjzi-Aei exf : '' ' I<M1.- t,) '' I \ ' -.: i -, , . ' ':'; '', ''. , Die.LIV .--- , : I, . ' ivtAzi,SAAH' - , l': Ill ., , - 11-- ' '°'-s 1 ' - - ' - t55t.\: , .--'‘-j,?--c-. n'<- - 5-:,..) c.--- - t ' ' t liA,r(c?: --. N6,..:1(t.t,e\oge_r . _ c je),..,_,,K,-. ._ -,...- _ , --, cf_.„. Ne,-. 8,.. . . (s i.,,..,,,,.....___,......---- /6,4% 1 ' ' z _ -. � , - r--„,\r„, ..1, 3av -1=utv,vokt, N. q?,..., :,. ''; - :Ii;b.:: :,---.E:_c_A-- -i-ti:., '-. 'crt'Lz- ;.1.,(-4(1,2 a -..,--Sopir&- -'R,:\z--v1 :, '-' , eottAA. . - ,„1- : ' . - c...--:5-1,,\D&1/4),,,,cid-TA. ., ' ,. , ' - ‘,")\\\ 7 A. 4-t:(4.- 5(LI-9.: S- 1 '.. ;" ,. '- : - ., ' -- - _ , - ' , ., : -1, P t�titin ' $trip three story bull ago }R:t b s€n, 4 Printed Name Signature Address/Email/ Phone Comment Date kA,ka_deci . c1 9) C--dz� a.r r �mmi , d oi` �1� r �' I [ e of `-tom �(a n ti D D 14, a 1dc_ k �G�r st' Co r)Ir61 ij SA P 1-7 —Petition to stop three story building of CH Robinson, #4 Printed Name Signature Address/Email/ Phone ghat ,, ; r---" Date /44/ (1;40k`.c. JP , - /c/r V 7"------11 /(6 0 /‘)//-e n t ‘ lig J.l�c'k ice- J; i 91/4..; ._ [,-)LA ctm vy-)e,c A i, ,1,-.gtifi& Gtv0- IODE! i,,/)1e7 D r.7,C it j )1C? if:(Yrvigil-biu �S ann►fI-1-. elI►. 53,nQ . a, .,c 0/6 S ' Z �2 tr ��?. ' ji 4/ .eei;) ‘71/9 ''Itf II-11'''"El-'76'V 71) [ 1-2 - '.- 4)5-,c, 11,-%. I (14/1 C-- -Petition to stop three story building of CH Robinson, #4 Printed Name Signature Address/Email/ Phone Comment 11 le) t�C-G1211 •. , n eC..}'��`1 S nS h06VY,/ic,a 11 3/1 Q �J :J I t ►RU mftrL-c-i v R,.�� C 4.0_ msiL , io1 73 c'�i Goa D K cicp,,,,,,,,,,:LLai j.;,-,- et Ni ,.k.frop,, Pk./-(k'15— I ii q 1(z-- li)Aik,*Pkg----- 7U �/V � � c /�4, � tt,;), ,elf-t) 1 1 c.1)-reeut ii,‘,‘ I(t t. ice, 16&iv I A e_7*,.,-1,,,, i D/-77 (IV Di C-i D Dia. 1 Vi--/ 61130 .-71 /6 RAHUL ,p,v,„R ,,,__. 9...," , _ 9 i_fliq5 131clii5o _r, s 11' gra-244 2)L 01N) �%r��f @ " < (U t s L fi 1 (ram 4 R n-7 �,-v kAs/ -E — Yi€6f�, l i(C)tg / P 1 L { e Cif/ " • ✓ ~�r.�., Lam( // j 1 Jj 4;><7.kf—:040—a in tLfelek-IN-F R). 0 N. ..., `k` � ' i i V/ ,./. / V5AN atteC(4$0 / 0i02 �d 160 kil/1 &l ig i 1E K�o fAiVe S(Ala-P m o e asc a d eigko-i-CSue:n dd —Petition to stop three story building of CH Robinson, #4 t,���nere 't ti21 d�U,„:i M„ +,[ i x �T �x s twci<mPlt�'4'f l kry S9; � ..`�� .l' ?. „rex+�^,�' 2`1 igxr e d 4a-., ;.t7tk,.r, F.:}! �y.- s!.... u{.:,r .,, ,�,l*4 ,,.io,4u i J,', 9°Jr,.., J� ,tv tt �iCCY;yp` ,,,a._tar ..,?, !<, r y.:h -• },,r. ..:1" 4� . t r�it};tryri,ra w..... „y t ;. s ,.:me W ,s,,.;u.:.. 8 r ,. „,04, ta:.ft {{z ...;.t. S r...r,,, k .s 4 . i ,. .:.,.ttJ ,,.u4'r;nh , , 1. "4 !� �: r ,5 a m i„nn+,�.... .'�'twt,,:x 1,- 4,,,s, ,1,i LNm I ., ,.e 'K . ,1 7 N ''''', ,0 t. ,. ...raa..,. v,a y '+a1. t: r .w.� Vr C ,zisd7",ik'�' "4"#ar., 7 ' "n,`R. ., w,.}w.ti _,r.>l ra t$,.,ti sU..,, ,'e^`� . ...,-, Il ���." i'It gZa,�i��i r �, ,i' '4 A {r s . ,'�i` ;;u n .. ': W_ ;4 ^^// rn� �,,p >v �� n ,...w, ,f ,.1 �'Ry�i.,ld2 r��na� ����I�'Uc,���.,5,a,bEF�1}M��ti t,ur,i�'a��4".ii�i,AriiC�,ut�s ,��3D� S�e � Cis L✓E ;tilt)(IZ A LT,L 1�`t 1 l l GSZ ASS LN �, ,, `'cam - Ly `,.� C li CL�t �-' 1ecloo-mvZs Cko-i-mom..'tai Ll ( S((% 12—7.t7— f ci-r 1 r\-rnia-7401,,,j4j4., T��l�0�vN7L� ��fr`�-Lod t�l b,5�y�i� sv ��v �- S 1k.1r Y�S S �` Pkisc3A-TN-1T pabY)--0"` vt440,00 SYs(CC .\-r,c gejlv .,,;1corv-‘ v1004^ 176 � 1 9 889 Ln. .--- OViy'IOW.\ VC i�rut. n1 (k f OS 11 V sr4T(=CSFt gt'gg S ( C's `�l r.<irs(4-sv t --.::;;::q \ irjb6/. 0/� —Petition to stop three story building of CH Robinson,#4 ��' r_.o ,t,���?�{@�y�k �� wa �,�*'t'k,@,�#`s�., -.r s VIA,��.h, �r �i ��..5 �� � .a,§�'�, 5_. ..�, ,Y'_ �s r Pry: t,`�`�. ,, � ,.� , ru`, � � ,, �� �, � rt� .�. .2 `.. scssr,., - si u-1�„§. ,ci S� 3 3u.a r .r. .s;,s rn7 „ str'Is �sg= r til �ii=J kis*siirt� .,! �::s�, F,tr„t : «wr...,. r-gin,.1lirt .,u,s` ,'�::..' z i w;. ,''��,jj ar I ..=n d ,s ry y{tu .;a ,,.�Z �. .(,y:�q..t 1t{t'ri, . ) ,. � ,yt�.._.,:. rrus.��cw.t > ,��'S�.S� 4,1�,~il�krktt{4.i ttx,�, r,n��7�s�?_•: r��,u ,�i.=,.�,smr Gf� 'G�ri ��E' d?,}i��ti.,fl�a�'>;�is4r��i�U� �'4�� �'.&'� �S�Z�1,Y,<a�ti>,j�`,':���� } �r;�z�'���, j'1� G°^-4. D�°k"�'� �t4�;r r €�un�a., �r,,s��sr.r.���� ��,� :���x,.�„+� ����� , m�.ur.; ris.s...,, is r>., ► 'GtYGi�t r �c,fir, (a1001 L1,c LAN 1� P31) �`lAf-f�?6-WA4 EA) PRA/RIE �� SC3 3 9� [o�i 1 /E 1yvOr-3-14 -.14' e r1 ,g-oz ; --„ 'e__ G,iI4.9 I�1'/ze1)1 L • tom.-�-, Xeesc41,, fIv 6S 3 4-7 (-,---,,,,' /co 7 2- Ae/ y L Iv cc t s i;::::4-Jell.°r) , -S-&-i A / _...„--,-; — i/if/26/5- J Y evkA,124-4 (12.4,,,_,,i______ _ ,, -"Ci licAbn @,c ' i co--, i t loci , 13 itc-C.A0 1 k___-3- p--),0_, ..- .Ce.)-4 2_1--- L._1c,=:cL_,j •• ,),61,,,teL421 • NI cf.,2--el Sz' t 0,-, 1 0 __I-r-d51,-.44._ set Li%-C"i'Y1(1_,r—t51 Wt-QCIVNNr ) 1 ( Li 22- f 9: 6 - ze--- 0°,.,..E-- _ / )765,,, , e-- ,i9,,,, ,,..,-)_,, /9,4e/e %,/)../;,,„.. / ,<,r,-, ,,,,, ,,,,,_ 6—,s--, 4, 7 —Petition to stop three story building of CH Robinson,#4 i Printed Name Signature Address/Email/ Phone Comment Date 6 U77 AH A. �,� IS1/za PL�wtS/vktc tjY, NJf cg 2� 9a►4.,Seto f{ >, �d_e� P�(�))c� kW 7�5- 3Lr7 YI o oPe.l�c`r�-� 6vI I Cif pf jyi.41 I�i Q I/ kFDDY - F .-G f2 7g7 G'4-a7 IV asfQ oeti a 15 s5sa p(tAKAci-fr.e csi( ,NO IA�V,� � FooK� 1 I) li it NC g 1.0`Peli(Si Al a).- g BoiiiimA- »), Lc) 2 ul - lni 1. No N h0)cx WI 1 --- 2.priv 0,Cytoed) Jv.i 61Iv- eizsgAL, C 1) u .). g- Na ,pp4vsia^1 m k i' il Gi) .__________ ) S'--7 ty ty ?.... ...1.3.,•-mIL re-072. 0,t e . -,b,....,0 kt IA c G "ker i i, I5ZC-- ikt/210t-6--enc-- 4)11 A)0 'e--7-i9c't-Y?-41 -79) '` -'1 -1-- 11C' V-",e-c--4A (a."• 1"------ 1 ^ -1--' ' 11160)V ---, / _ ..s'.�I�.,,,,� , �fCi l'..ZC,}'Ot/L S G'L„1 C _ (� 157fs' `lam `( �___ y ..,.._sue �...,4 ,4_ JL- 1' (ice -1._ V ,� "a? _ j S`7 4'7 %1 bum' - f\j (may, (i S /1 tibzig" Arritt 1,e qPc- „_. Ni1 rcA1/4\if i 5,15 f fit` i\io e/z-fc 1,` ,‘--i-IS oitCk,; A r' w adek,-)retk 15 14 g A I Gk(VLF 1 j)r n 0 xi o n ,u,& n s c ( ( >1 ?C+.tvtASi-v-c_ -Petition to stop three story building of CH Robinson, #4 Printed}Name ' Signature 4' ssjEmail/ Phone Comment _,' Date Addre +,� _\.(...A(...A G+:.C.a 7 JJ [11 �.6F.�.jtklt`t�4.1 Y / 4 / c I s.;,;,,,-,7 ,i`' (&' ie c:k Ci i" (aa f ,1_,,, Cua� 6/e, Sc6 GM -yolk Ka6,11 TiAv Inas 4 , 76/-1,,c, , min 55---3 el 7 �1- -,. — h Oil yk(eC4 -rho itrv,s C5014.-il. (2, ti I5a -471- 7744 ILLDHlra i ( c W i ki -PI 0 'Ai-8 71--- DI j a;ft, ,$ 404 o'c ii2-3,pc ma;1,to i ) (c,4 1(— 1 ** DV ; , i _ / �' .� ;r C. O L i/ J )1, "`� / �' Z'" at.0 c (0 Alls.A ,, , �rikL.-com �/ 1/se- 1. Mck P 11 kikf '.Uk/ ��s ;14 9-l ae..ut„ 10-4 Fri -� o�g, w' �d Ho coo� o' E € 11 -rC( t-e.) t. —Petition to stop three story building of CH Robinson,#4 Name of the Resident Address of the Resident Signature of the Resident&Date Signed, r 0 i\l- 11 HP- .g 1-hz)i‘S la y tc)-00s--- G-tur\f-r 1 Alt pa_ g W tc(c i_ 1 ‘,cs--- '-ram ! as3 vv ‘ bad VI -) ) 57 0. r 4 TA Lua 10011 e T1 Pa_ 3--zA: Sc yaith'i t p LAra.o . cow% ii" c' (I) ;,tio S' V , ,.boo Z! g _ ‘ `_ 7 I I i It i i vvS; v'r e fitfiCM Cre vi , & -tA-ANta-tio--(-1-1- puive.}0 it,so q 4,vo.."--ri,p4\1 D-y. . ___„_____,. >—- - Lim c. ,60-.- r U ei aL-Li , Ne--4 cLea."---42Lati r .ri "t(1 5 t 1/3 `m-e cor ed ryluy 3tAl e 01-�' 1, h-‘ I'l P ,ems---� v��"l''-`=' t� o77 I ` \8 \ 3°\ to) ,,..),(..\ 6-i&-1--, )6,-,4t--) IA\ ti )..\T qki `C) °6.i.k.) \,e\in ictr'fA rat' \ ' Cam Resident Name Address Signature and date .a„). N. Cv 1 s— µ — 7c...) S S I ZI (� ° �: 1, -l1 - 1 \ii` , ,-,' II 0 IF tt ` l—i�n,' - , , \iV A t c 4,' 3-an-anr� roc L h . C=c- Pro-k..0 r‘2 — k"\.�ih `/� /r E � y 5P VAL--o.V�eL to 15 45� J S LrN Rz rv�e. ►! ' ! -aid , l I, /5I/ K.,.., /40,(;ati Kct: Is 7 •104-b,+e9ra-as L , P-u" Pia iYie- I/ /5/ A (7 A l' AI il i;:-.-k)pi •- i :C 47 c :1;N 5 6.7-44-i:f 2A),- 1- Dif iv f ig)4 I /1/Zz. , _ / tb..ii .-14/7/;„ --- S;%; ' v ASV A D"Pi-�v 1..4 7 C . i L` .e1 .'�,c _4 tic 1 f )6 O 18 4. ctr4- k c�1,ot„..,..�. 15 4 5 7 J u yew - �d • ,'� e,,,, ,,,,..1,,,,k . lt/c lie Resident Name Address Signature and date (1/ ---„,-(el //91:5-.%),_ F75„..i.,,,i,...f4,,,,,,,t7_,;0„. _ k )5/-1,-..7,7 f,,,,..ely,,,, ii,7 ,g-F 7 ivi,,,i , ,5 -sl.( 7 CA71,-770Y/4 '.k. J oc.6" W► AT (-I'6-1A-) lc- 4-2 1 J urJE(ARASS C N , C(' ay,-,N) .5--<-3 47 A4iywalAka 0/64. A I g-4.3c LA Ael YooLs t 1.-N c i-rvp ft4 1\1-CC2 4.4 l PaAci7St-, - ) 1 S-24.53 7f--- , .-azArE 4h 2c(eA,) g,_„-;,_,:, ,,,,, z-s—s _,--e— _,.. , Abu 1(-,4rnr, IJ-1--tL3 3 '.7)-._� ( - ki-,,�1' i-,,,,;_,---,2..,s,,,,,-31,-4= �` `' ` 6or,5 oLv' tc 461 J��c c L, 77 ' Chrv-1 05Xq i�9 5 Ju: r -- 2 hk) q?-‘ r.-- C �:, tt,�ti�"u�r 'ik" rj p`r y�' r1! N t {' 1*+Egy r5)NI Ft i" ,'" g(.o4 F'v �ti a�t`q'�3h?!`i r�"'c P. " , #,5; >Y,�t�.�.U,a a,sr;ovr,.�t ar�7�i�!.,���' i��.�ic�+i� ,!.r��:. t�, ��V� ,r"?j t 'S l�.::.F L; � s... �J � ' 'Y}�3S�t��i�:�+�.,�IP 1 S-eS� 1;3�1 ! i,t€u,. q,r,r sr.,, .: �. !,:to z l,,q,,,v til�"S},x;� , „tt,z,. 4,<,r t:..,�j �. ,` t ,t{}.a{s� r ,, L /17 iN q FF T tr 4ay U .,rr i a e ei'!°sssro,+.� t� r zae� ����� °� �S;P�it�S°v yzF��„�,���`tt�F ,�"G, ry� T�IS (i -r� ; 7 i5r �� C n "d �'� r " i 4 a� r:�J,.��aK��� �n",� ti s� �r""n r r��i�a�'z�'3� 'f �+�4`=ti���4�����F��rt�� y�,y��a�� �r��`^r at r ,n.0 4.;.% F„.+re,.. , 3 «x,rEi1T ,' .flstir,a �/ rr j �C` '� 1 T o_Y/7L tlirVd r� i� .. DiL_ o . Tei;Nre ID V) _....., �k — c} ,, f°cam- l i- i �i /r 'J r 4 —Petition to stop three story building of CH Robinson, #4 Council Meeting, November 13, 2108. The following list of residents submitted a form letter(see below) in an e-mail to the City of Eden Prairie regarding the Eden Bluffs 4th Addition (CH Robinson) project. Name Address/Email Address Anitha Tummala mailto:tanitha sri@yahoo.com Ajay Kollipara 15296 Plumstone Dr Anirudh Kakanavaram 15435 Junegrass Ln Arun Siddappa mailto:arunsiddappa@yahoo.com Bharath Kura mailto:bm.unix@gmail.com Prakash Madala 9896 Switchgrass Ln Durga Prasad Kunapareddy 15275 Plumstone Dr Erol Zeren 15339 Plumstone Dr Ramesh Gajawada 15354 Plumstone Dr Gautham Reddy 15420 Plumstone Dr Gnaneswar Kacham 15184 Plumstone Dr Harish Kambil mailto:hkambil@gmail.com Jayasimhan Kadambi mailto:iaykadambi@hotmail.com Kapil Kumar Jain mailto:meetkapil@hotmail.com Kishore Kumar 10178 Indigo Dr Nirav Khichadia mailto:nirav@khichadia.name Narapu Yerramreaddy 10174 Indigo Dr Panyala Laxman & Sukanya Bollapaly 10171 Indigo Dr Pasupathi Madheswara 15582 Crabapple Ln Prakash Udhayakumar mailto:prakash.ukumar@gmail.com Praveen Patangay mailto:praveenkp@yahoo.com Praveen Voora mailto:praveen.voora@gmail.com Priya Palani Priyanka Koka mailto:priyankakoka@gmail.com Raam Sub mailto:raamsub@yahoo.com Raju Kalidindi mailto:rangaraiul@gmail.com Rakesh Reddy mailto:rakeshbw@gmail.com Rama Gadde mailto:gadde hr@yahoo.com Rama Thunuguntla mailto:thunuguntla@gmail.com Ramachandra Kalidindi mailto:rkalidindi92@gmail.com Ramesh Raju Nadimpalli mailto:rameshnraiu@gmail.com Roop Alladi mailto:roop.alladi@gmail.com Sarathi Talla mailto:sarathit@vahoo.com Shyam Madishetti mailto:shyammadishetti@yahoo.com Shruthi-Vijay Kura mailto:shruthiviiay@hotmail.com Siva Nittala mailto:kumar.nsk@gmail.com Sri Dhar mailto:snekk2@gmail.com Sridhar Bommareddy 15712 Plumstone Dr Srikanth Devarakonda mailto:devarakonda 1@yahoo.com Srikanth Pabbathi mailto:srikanth528@gmail.com Srini Reddy mailto:srinireddy.i@gmail.com Srinivasa Meesala mailto:meesala.srinivas@gmail.com Sujith Sasidharan mailto:sasidharan.sujith@gmail.com Suneel Kommalapati 15555 Junegrass Ln Supriya Penmatsa mailto:supriya.penematsa@gmail.com Umasankar Vemireddy mailto:vemi.uma@gmail.com Uvaraj Dhandapany 9896 Pincherry Ln Vaghindra Manchenasetty 10026 Gentian Dr Penru Vidya mailto:penruvidya@yahoo.com Vinod Sivan mailto:vksivan@gmail.com Viraj Sankholkar 15540 Lilac Dr Vijaya Kumar Ravella 15099 Plumstone Dr C.H. Robinson Expansion—Concerns regarding Eden Bluff 4th Addition To, 1) Angie Perera (City Planner) 2) Eden Prairie City Council and Mayor 3) Eden Prairie Planning Commission members Subject: - 1) Residents of Hennepin Village community (hereinafter, referred to as"Residents") have concerns against C.H. Robinson (hereinafter, referred to as"Applicant") surface parking lot. 2) Residents are highly concerned to Applicant's expansion during subsequent phases 3) Residents are highly concerned to Applicant's traffic going through Liatris Lane and potentially other Community/Residential road(s). 4) Residents are very concerned with applicant's sewer/rain water into back pond/lake as this will increase pollution and mosquitoes' infestation Concerns to City Planning Commission and City Council: - Surface parking lot: Due to the construction of the surface parking lot, there will be a phenomenal increase in noise levels, smoke and reduction in privacy &security. If the Eden Prairie City Council (hereinafter, referred to as just"Council") moves forward with this plan, Residents request Council to approve &complete planting high-rise trees and a fence around affected community areas, at an acceptable height, prior to the commencement of parking lot construction by the Applicant Construction of office buildings with additional parking: Why is Council approving commercial buildings next to residential neighborhood, even though original plans were approved for residential construction purposes?We sincerely request that the Council fully consider the safety &future of its own residents as the first priority, and not push 700+ residents' lives & routines into a chaotic state, wherein, residents are expected to guard our neighbors and children constantly. Additionally, there are other serious ramifications due to this proposed plan: it will have negative impacts on home values, life styles, privacy, interference to natural flow of air and sunlight, and much more. Traffic increase at& near intersection of Liatris Lane &Charlson Road: Based on applicant's proposal, the Council is approving commercial traffic flowing through a residential neighborhood/street (opening onto Liatris Lane from applicant's parking lot, in both directions). It is painful to note that, Residents are getting nudged to deal with the pain & burden of commercial traffic (applicant's employees'vehicles) and the Council not fully considering the safety of families, especially children. Despite more than 700+ residents expressing concerns, it is surprising to see that the proposed project plan has even come to Council review prior to resolving Residents'concerns. From: Manigandan Kaleeswaran To: GRP-AllCouncil; Nancy Tyra-Lukens; Ron Case;Anaie Perera;Julie Klima Subject: Residents of Hennepin Village community objecting to C.H.Robinson surface parking lot Date: Monday,November 05,2018 2:42:34 PM Attachments: EDEN Bluff 4th Addition Public Comments.pdf All, My name is Manigandan Kaleeswaran, resident of Hennepin Village community hereby objecting to C.H. Robinson surface parking lot. I reside in 9898 Pincherry Lane, Eden Prairie, MN 55347. Please find attached our petition and do the needful. Thanks much in advance! Thanks, Mani C.H. Robinson Expansion—Eden Bluff 4th Addition Objection To, 1) Angie Perera (City Planner) 2) Eden Prairie City Council and Mayor 3) Eden Prairie Planning Commission members Subject: - 1) Residents of Hennepin Village community (hereinafter, referred to as"Residents") are objecting to C.H. Robinson (hereinafter, referred to as"Applicant") surface parking lot. 2) Residents are objecting to Applicant's expansion during subsequent phases 3) Residents are objecting to Applicant's traffic going through Liatris Lane and potentially other Community/Residential road(s). 4) Residents are very concern adding C.H. Robinson Sewer/rain water into back pond/lake, this will increase pollution and Mosquitos. Background substantiating valid concerns referenced in Subject: - During the year 2006/2007 (i.e., at the time of purchasing homes), Ryland Home Builders (hereinafter, referred to as"Ryland") informed and showed their construction map to current Residents, that the proposed applicant's project site, adjacent to Liatris Lane, belongs to Ryland and that the plan was to build a 2nd pool for Residents in the future. Attached is Ryland'construction map that was shown to residents. Furthermore, residents do not have any such promised 2nd pool till date and on top of it, they have been dealing with applicant's plans, which further aggravates their plight. Concerns to City Planning Commission and City Council: - Surface parking lot: Due to the construction of the surface parking lot, there will be a phenomenal increase in noise levels, smoke and reduction in privacy &security. If the Eden Prairie City Council (hereinafter, referred to as just"Council") moves forward with this plan, Residents request Council to approve &complete planting high-rise trees and a fence around affected community areas, at an acceptable height, prior to the commencement of parking lot construction by the Applicant Construction of office buildings with additional parking: Why is Council approving commercial buildings next to residential neighborhood, even though original plans were approved for residential construction purposes? We sincerely request that the Council fully consider the safety &future of its own residents as the first priority, and not push 700+ residents' lives & routines into a chaotic state, wherein, residents are expected to guard our neighbors and children constantly. Additionally, there are other serious ramifications due to this proposed plan: it will have negative impacts on home values, life styles, privacy, and interference to natural flow of air and sunlight, and much more. Traffic increase at& near intersection of Liatris Lane &Charlson Road: Based on applicant's proposal, the Council is approving commercial traffic flowing through a residential neighborhood/street (opening onto Liatris Lane from applicant's parking lot, in both directions). It is painful to note that, Residents are getting nudged to deal with the pain & burden of commercial traffic (applicant's employees'vehicles) and the Council not fully considering the safety of families, especially children. Despite more than 700+ objections from residents, it is surprising to see that the proposed project plan has even come to Council review prior to resolving Residents'concerns. In summary, Residents are collectively asking the question,"Why is the Council ignoring the well- being of its residents and moving ahead with the approval process?". As you can see from aforementioned valid concerns, the proposed plan from the Applicant should be dismissed by the Council without further consideration. Once again, please consider your RESIDENTS FIRST!!! Thank you. Respectfully, Residents of Hennepin Village community Attachments: - 1) Ryland Homes brochure/ site plan 2) Details of current residents, such as Names, signatures, etc. From: Satya Karri To: GRP-AllCouncil; Nancy Tyra-Lukens; Ron Case;Anaie Perera;Julie Klima Subject: Objection petition about C.H.Robinson Expansion Date: Monday,November 05,2018 9:46:20 PM Attachments: Objection Letter to EP City regarding CH Robinson expansion project.docx Respected Sir/Madam, My name is Satya Karri,resident of 15307 Plumstone Dr, Eden Prairie, MN 55347. I received a letter from City regarding C.H.Robinson Expansion and date of the council meeting. I have number of objections regarding this project and I would like to raise these in the council meeting scheduled on 11/13. Here I attached a document that has details about my objections for this project. Please look into this matter as this poses a serious safety concern to our community in addition to the economic impact. Thank you. Yours Sincerely Satya Karri (Ph: 651 815 5123) C.H. Robinson Expansion—Concerns regarding Eden Bluff 4th Addition To, 1) Angie Perera (City Planner) 2) Eden Prairie City Council and Mayor 3) Eden Prairie Planning Commission members Subject: - 1) Residents of Hennepin Village community (hereinafter, referred to as"Residents") have concerns against C.H. Robinson (hereinafter, referred to as"Applicant") surface parking lot. 2) Residents are highly concerned to Applicant's expansion during subsequent phases 3) Residents are highly concerned to Applicant's traffic going through Liatris Lane and potentially other Community/Residential road(s). 4) Residents are very concerned with applicant's sewer/rain water into back pond/lake as this will increase pollution and mosquitoes' infestation Concerns to City Planning Commission and City Council: - Surface parking lot: Due to the construction of the surface parking lot, there will be a phenomenal increase in noise levels, smoke and reduction in privacy &security. If the Eden Prairie City Council (hereinafter, referred to as just"Council") moves forward with this plan, Residents request Council to approve &complete planting high-rise trees and a fence around affected community areas, at an acceptable height, prior to the commencement of parking lot construction by the Applicant Construction of office buildings with additional parking: Why is Council approving commercial buildings next to residential neighborhood, even though original plans were approved for residential construction purposes?We sincerely request that the Council fully consider the safety &future of its own residents as the first priority, and not push 700+ residents' lives & routines into a chaotic state, wherein, residents are expected to guard our neighbors and children constantly. Additionally, there are other serious ramifications due to this proposed plan: it will have negative impacts on home values, life styles, privacy, interference to natural flow of air and sunlight, and much more. Traffic increase at& near intersection of Liatris Lane &Charlson Road: Based on applicant's proposal, the Council is approving commercial traffic flowing through a residential neighborhood/street (opening onto Liatris Lane from applicant's parking lot, in both directions). It is painful to note that, Residents are getting nudged to deal with the pain & burden of commercial traffic (applicant's employees'vehicles) and the Council not fully considering the safety of families, especially children. Despite more than 700+ residents expressing concerns, it is surprising to see that the proposed project plan has even come to Council review prior to resolving Residents'concerns. Other background regarding the situation experienced by residents: - During the year 2006/2007 (i.e., at the time of purchasing homes), Ryland Home Builders (hereinafter, referred to as"Ryland") informed that a 2nd swimming pool and a community center were going to be built. Some home owners also believed that the pool and/or community center may be coming up at the proposed applicant's project site. Residents do not have any such promised 2nd pool or community center till date and on top of it, they have been dealing with applicant's plans, which further aggravates their plight. In summary, Residents are collectively asking the question, "Why is the Council ignoring the well-being of its residents and moving ahead with the approval process?". As you can see from aforementioned valid concerns, the proposed plan from the Applicant should be dismissed by the Council without further consideration. Once again, please consider your RESIDENTS FIRST!!! Thank you. Respectfully, Residents of Hennepin Village community From: Ashok Varma Gadiraju To: GRP-AllCouncil; Nancy Tyra-Lukens; Ron Case;Anaie Perera;Julie Klima Subject: C H Robinson Expansion Plan-Reg Date: Wednesday,November 07,2018 8:01:46 AM Attachments: EP City AShok.pdf Hi, As a resident of Eden Prairie Hennepin Village, we do not like the idea of company expansion. Please find attached document on concerns regarding this. From: Benjamin Thomas To: Angie Perera Subject: CH Robinson expansion Date: Tuesday,November 06,2018 9:49:01 PM Dear Ms. Perera, I am writing to express my concern over the proposed expansion to the CH Robinson facility in Eden Prairie. I plan on attending the City Council meeting on 11/13 to express my concerns in person, so I will be brief here. 1. I am favorably inclined toward CH Robinson. I do not oppose their expansion in general. They provide valuable jobs to our community. 2. My biggest concern is the proposed parking entrance on Liatris Lane, and the inevitable increase this will have on traffic in our residential streets. 3. Our neighborhood is currently safe for children to play in. 4. An entrance to a 600 space parking lot on Liatris will significantly decrease the safety of children in a clean, stable,multicultural, and affordable neighborhood. A few years ago,my son,who was nine years old at the time,noted how safe he feels riding his bike and running around the neighborhood with his friends"because everyone who drives in this neighborhood lives here is knows to look out for kids."Having lived on a busy street for much of his earlier childhood,he appreciated the greater freedom to be a kid afforded by a high-density, low- traffic neighborhood. Our neighborhood is home to hundreds of children besides my son and his three younger siblings who would be sad to lose this increasingly rare freedom to be a kid. The first time traffic backed up on Charleston, CH Robinson employees would detour through our neighborhood. Then,my son's life, and his three siblings life, and the life of every other kid in this neighborhood will be changed for the worse. I would encourage you to give CH Robinson permission to expand with a single caveat: do not put an entrance to a parking lot on Liatris Lane, a neighborhood street. Keep the entrance on Charleston. I enjoy seeing CH Robinson employees chatting and walking the footpaths in the neighborhood at lunch and during breaks,but I don't want their cars to come through our neighborhood, on privately maintained streets,where children play simply because it is more convenient for CH Robinson to put a parking lot entrance somewhere besides Charleston. If you would like to talk to me about this in person,please call my cell phone at 785 577 9447. Sincerely yours, Benjamin Thomas From: Cathy Lapoint To: GRP-AllCouncil; Nancy Tyra-Lukens; Ron Case;Anaie Perera;Julie Klima Subject: CH Robinson Expansion Date: Wednesday,November 07,2018 11:07:07 AM As residents of the Hennepin Village development, we are writing to express our strong opposition to the proposed CH Robinson expansion in our front yard, and very particularly our disapproval of the reckless and dangerous plan to empty a 600-car parking lot directly onto our residential streets. The aesthetics of an additional three-story building in place of the green space along Liatris is unappealing and unacceptable to us. But by far our largest concern is for the safety of our neighbors and ourselves. You probably know that our neighborhood is very densely populated, with countless families as well as a significant number of senior citizens. To add 600 additional parking spaces will increase traffic significantly in an already problematic area, and to create an exit from the new 600-car parking lot onto Liatris is downright dangerous. The last expansion of CH Robinson has dramatically increased traffic on Charlson, making it hard to get out of our neighborhood as its employees rush to get to work, and as they leave work at closing time. Our neighborhood children ride bikes, run and play along our sidewalks, lawns, and quiet streets. Our senior citizens walk there too. It would be unconscionable for you to approve this proposal, which poses such a direct threat to our quality of life, and especially to our safety. Please send CH Robinson back to the drawing board to find another place, in a safer area, to expand its business. Sincerely, Cathy and Art LaPoint Indigo Drive From: Deane Conklin To: Angie Perera Subject: C H Robinson Date: Tuesday,November 06,2018 10:05:24 AM Angie- I just became aware of a communication to the City from some residents that live in our Eagle Crest neighborhood, which are single family homes along Plumstone. I have made a call to the head of their Sub-Association to find out some details, as their concerns were largely addressed during the Planning Commission Meeting. I don't know if these residents attended that meeting or not, so I don't know their level of understanding as to where the parties are now. I will advise you again after I obtain more information. You should know that we have encouraged all residents to become involved with this even though the Association has taken a position on various matters because they are both residents of Hennepin Village and the City of Eden Prairie. Deane Conklin President Hennepin Village Master Board From: Ganesh Kamath To: GRP-AllCouncil;Anaie Perera;Julie Klima;Nancy Tyra-Lukens; Ron Case Cc: Rob Snyder;akyoung98hotmail.com; reddy.bhagwarKagmail.com Subject: Proposed CH Robinson Expansion at Eden Bluff Date: Tuesday,November 06,2018 6:28:28 AM Dear Mayor Lukens and City Planning Staff, As a homeowner in Hennepin Village, and on behalf of my neighbors rending on Plumstone Dr, I would like to bring to your notice the issues with the proposed expansion of C.H. Robinson's headquarters. The size and scope of the project, the proposed layout, especially of the new parking lot and the increase in traffic that will come with the development. I am a resident of Eagle Crest at Hennepin Village since 2007. Charlson Road at that time was a quiet road with a 30mph speed limit. When we asked our sales associate from Ryland about the vacant lot to our East, we were told there might be some commercial development (think coffee shop or corner store) or possibly an expansion of Hennepin Village with a playground, park and swimming pool. The current proposal from C.H. Robinson is not only a surprise, but very much out of character for this area. Charlson Road has turned into a very busy street, with speeds generally exceeding the now posted 35mph. Traffic during the rush hours is incredibly bad, with a near constant stream of traffic, making it a challenge for homeowners to come and go from our neighborhood. Adding another parking lot for C.H. Robinson's new proposed building with it's main access point on Liatris Lane is also not acceptable and will only make traffic through our neighborhood worse. My son's school bus stops on the corner of Plumstone and Liatris and it's already dangerous enough without adding potentially hundreds of additional commuters using our communities' streets every day. During winters snowy days I believe the traffic on Charlson Rd will add to delays and congestion at the intersection of Liatris and Pincherry during C H Robinson business hours. Another concern is the construction traffic, noise and general mess. After the expansion of Flying Cloud airport and subsequent destruction of the farmland and prairie behind our homes, which was replaced with airplane hangars and more air traffic, we are very sensitive to adding more commercial facilities and it's associated heavy construction. Replacing the existing prairie land with another commercial building and large surface lot will detract from the character of the area, cause storm water runoff issues and create more contamination of local watersheds due to chemicals/salts used on the lot surfaces during the winter. As a long time homeowner and Eden Prairie resident, I understand the City's need to find ways to use existing land responsibly and increase our tax base for public spending. I don't think allowing C.H. Robinson to develop this parcel of land to their current specifications is fair to the homeowners at Hennepin Village. I don't think allowing access to any new structures from Liatris Lane is safe. I also believe the traffic flows on Charlson during morning and afternoon rush hours is already out of control and any proposal to add more traffic is unacceptable. I hope the City's Planning Commission and City Council are able to take the concerns of longtime homeowners into account before adding more commercial office space to an already overcrowded corner of our city. Sincerely, Ganesh Kamath 15308 Plumstone Drive Eden Prairie From: Lesley Cain To: Angie Perera Subject: my comments regarding CH Robinsons Expansion Date: Tuesday,November 06,2018 10:12:10 AM Attachments: CH Robinson Expansion Concerns.docx Angie, These are the comments I forwarded on to my neighbors who were looking for neighbors to sign a letter for the council. Thank you, Lesley Cain Engineering Administrative Support Technician Engineering Division The City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 952-949-8407 (Phone) 952-949-8326 (Fax) IcainlEedenorairie.org I live at 15435 Plumstone Dr. Like others I am concerned about increased traffic down Plumstone that the development of CH Robinson's westerly lot possibly possess. I am also concerned with the visual implications that having an expansive surface parking lot has on the property values of the Eagle Crest(Plumstone Dr) area of Hennepin Village. As traffic has increased on Charleston Rd from CH Robinson I believe that this is in part to Hennepin County re-construction project on Flying Cloud Dr between Spring Rd and Hwy 101. CH Robinson has stated that to relief traffic from a mass exodus at the end of the work day they could stager their employees start/end times. I would like to see that the City of Eden Prairie continue to monitor traffic counts sporadically over the next few years while CH Robinson builds out their campus. To decrease the visual awkwardness a parking lot would pose I would request that mature evergreen trees be planted in a staggered pattern on the southeast boarder of Liatris Ln with a solid 5 year commitment from CH Robinson to maintain and replace the trees as needed. Ideally there would not be an entrance or exit for the proposed development onto Liatris Ln to provide complete separation between Hennepin Village neighborhood and CH Robinson. I feel that it is extremely important that CH Robinson's proposal be the sole focus of homeowners at Hennepin Village. A few points that were cited in the attached document are not factual and I feel it takes away from the key points stated above which are the real concerns with the CH Robinson's expansion. Please note the following: 1. That land has always been owned by CH Robinson. That section was never part of Ryland's Hennepin Village development. 2. The building of the proposed surface parking lot and later an additional building for CH Robinson would in no way increase mosquitos in the area. The land that would be disrupted would force out any wildlife that currently live in the tall grass and would force them toward Flying Cloud Airport or the MN River Valley. 3. City Engineers would ensure that Sewer and Stormwater would be appropriately installed with no negative impact environmentally or to the residents of Hennepin Village. 4. It would not be appropriate to bring up issues that the residents of Hennepin Village have or may have had with Ryland Homes. As previously stated that land has solely been owned by CH Robinson. That parcel is something I specifically asked Ryland about prior to building in Eagle Crest. 5. The 2nd pool and clubhouse that Ryland used as a selling tactic was intended to be built in the first edition of Hennepin Village which is located on the west side of Spring Rd. If there are specific concerns with Ryland Homes that were promised and not delivered upon the Association and Residents of Hennepin Village would need to seek legal advice on what type of recourse the residents would have against Ryland. That being stated it is my understanding that no one what written confirmation from Ryland Homes that indicates the construction of pool 2 and/or its clubhouse. As the document is in its current standing I cannot sign it to be presented to Eden Prairie's Mayor and City Council due to items 1-5 listed above. The primary concern with CH Robinson's intension to build on that lot is the potential increase of traffic within Hennepin Village decreasing the residential feel as well as safety concern with the many children that are throughout the neighborhood. The secondary concern being the visual implications with a result of a decrease in property values. Please feel free to contact me regarding this matter. I understand that there is a limited amount of time. Would it be possible to contact Angie Perera and request an extension to revise the current document? I sincerely appreciate your work on this and am very much in support of requesting the City Council give CH Robinson some very specific guidelines as stated at the top to maintain the integrity of the Hennepin Village neighborhood. Thank you, Lesley Cain 952-210-7518 From: Michelle Berkness To: Angie Perera Subject: C.H.Robinson Expansion—Eden Bluff 4th Addition Objection Date: Monday,November 05,2018 12:21:43 PM Hello, I'm a new resident of Hennepin Village and have concerns about the C.H. Robinson Expansion. I have a young son and know many children in the area. My biggest concern is the additional traffic it will cause and how this will affect the safety of our children. Additionally, I agree with the objection due to the environmental impacts such as noise level, air quality and water pollution impacts. I object to the expansion but hope if it goes through to at least complete planting high-rise trees and a fence around affected community areas. Thank you for your consideration in this matter. Sincerely, Michelle Berkness 15565 Lilac Drive From: Ravi C To: GRP-AllCouncil; Nancy Tyra-Lukens; Ron Case;Angie Perera;Julie Klima Subject: C.H. Robinson Expansion—Eden Bluff 4th Addition Objection Date: Monday,November 05,2018 5:51:12 PM To, Angie Perera(City Planner), Eden Prairie City Council and Mayor Eden Prairie Planning Commission Members Please consider my following comments as an objection to the C.H. Robinson Eden Bluff expansion project. Since the construction on the Flying Cloud drive has begun, we have noticed a significant increase in traffic on Charlson road between 7am and 8.30am and also 4.30pm and 5.30pm. Most of this traffic is to and from C.H. Robinson offices. At times it has become hard for people from the community to get onto Charlson road while driving to work(even a right turn has sometimes become difficult). Also, during the morning hours there are at least half a dozen school buses that come into the community to pickup kids. As part of the expansion project, it was proposed to add entry and exit from the proposed building onto Liatris Ln. Considering the above we can imagine that it will only get worse for people in the community to get in and out of the community. For this reason the people in the community strongly oppose the proposed entry and exit onto Liatris Ln. Additionally there are other significant ramifications due to this proposed plan- negative impact on home values, life styles, privacy, interference to natural flow of air and sunlight and much more. As a community, we sincerely request that the council fully consider the safety and future of the residents during the approval process. Thank you, Respectfully, Ravi Chelikani 10017 Liatris Ln, Eden Prairie MN 55347 From: Reddy Bhagwan To: Nancy Tyra-Lukens;GRP-AllCouncil;Julie Klima; Ron Case;Angie Perera Subject: Proposed CH Robinson Expansion at Eden Bluff Date: Monday,November 05,2018 10:22:21 PM Hello Major Lukens, City Council and City Planning Staff, We are writing this letter regarding the proposed expansion of CH Robinson, we live 15291 Plumstone Dr, even though back of our lot was facing airport we liked it, it had many evergreens and prairie. Airport expansion happned and now I see hangers. Aircraft engines spewing exhaust somedays the smell is unbearable. Where there supposed to be a small coffee shop or a swimming pool with expansion of CH Robinson the whole area will be a traffic and pollution mess. How can it be best place to live anymore? Everyday moring during office opening and closing hours Charlson road is busy and dangerous. With proposed changes Kids bustop will be not be safe,people will try alternate routes to come and leave work, Plumsone Dr will become another Charlson Road. We had accidents at Liatris and Plumstone dr( one invoving school bus )the intersection is already not safe, adding more traffic and opening another access to Liatris lane will make the intersecion more dangerous. I hope all these issues will be taken into consideration and stop the expansion. Thank You Bhagwan Reddy and Pranitha Reddy 15291 Plumstione dr Eden Prairie MN-55347 From: Rob Snyder To: Nancy Tyra-Lukens;GRP-AllCouncil;Anaie Perera; Ron Case;Julie Klima Cc: reddy.bhagwan(agmail.com;gkkamath(agmail.com;akyoung98(ahotmail.com Subject: Proposed CH Robinson Expansion at Eden Bluff Date: Monday,November 05,2018 8:53:01 PM Dear Mayor Lukens and City Planning Staff, As a homeowner in Hennepin Village I have numerous issues with the proposed expansion of C.H. Robinson's headquarters. The size and scope of the project, the proposed layout, especially of the new parking lot and the increase in traffic that will come with it. My wife and I built our home in Eagle Crest at Hennepin Village in 2007. Charlson Road at that time was a quiet road with a 30mph speed limit. When we asked our sales associate from Ryland about the vacant lot to our East, we were told there might be some commercial development (think coffee shop or corner store) or possibly an expansion of Hennepin Village with a playground, park and swimming pool. The current proposal from C.H. Robinson is not only a surprise, but very much out of character for this area. Charlson Road has turned into a very busy street, with speeds generally exceeding the now posted 35mph. Traffic during the rush hours is incredibly bad, with a near constant stream of traffic, making it a challenge for homeowners to come and go from our neighborhood. Adding another parking lot for C.H. Robinson's new proposed building with it's main access point on Liatris Lane is also not acceptable and will only make traffic through our neighborhood worse. My children's bus stops on the corner of Plumstone and Liatris and it's already dangerous enough without adding potentially hundreds of additional commuters using our communities' streets every day. Another concern is the construction traffic, noise and general mess. After the expansion of Flying Cloud airport and subsequent destruction of the farmland and prairie behind our homes, which was replaced with airplane hangars and more air traffic, we are very sensitive to adding more commercial facilities and it's associated heavy construction. Replacing the existing prairie land with another commercial building and large surface lot will detract from the character of the area, cause storm water runoff issues and create more contamination of local watersheds due to chemicals/salts used on the lot surfaces during the winter. As a long time homeowner and Eden Prairie resident, I understand the City's need to find ways to use existing land responsibly and increase our tax base for public spending. I don't think allowing C.H. Robinson to develop this parcel of land to their current specifications is fair to the homeowners at Hennepin Village. I don't think allowing access to any new structures from Liatris Lane is safe. I also believe the traffic flows on Charlson during morning and afternoon rush hours is already out of control and any proposal to add more traffic is unacceptable. I hope the City's Planning Commission and City Council are able to take the concerns of longtime homeowners into account before adding more commercial office space to an already overcrowded corner of our city. Sincerely, Robert and Alicia Snyder 15243 Plumstone Drive Eden Prairie From: Sharon Rask To: GRP-AllCouncil; Nancy Tyra-Lukens; Ron Case;Anaie Perera;Julie Klima Date: Tuesday,November 06,2018 11:55:54 AM As a resident of Hennepin Village, I am not in favor of the new CH Robinson traffic flow using Liatris Lane. The traffic situation at present is dangerous every morning and end of work day. Without additional traffic added, we need a traffic light or some means of controlling turning and other traffic movement. If CH Robinson adds more traffic and it uses Liatris, this will be a very hazardous situation. We do not want to wait for accidents to occur before traffic is managed. If they intend to build on the open lot, traffic should enter and leave at a driveway near their current location. Neighbors are already uncomfortable with the congestion and oppose more building; let's not make it hazardous. Thank you for all you do for the city and keeping residents' concerns in mind. Sharon Rask From: Suzanne To: Anaie Perera Subject: CH Robinson parking lot entrance objection Date: Wednesday,November 07,2018 10:11:12 AM I am a resident who lives on Liatris Lane and opposes the proposed parking lot entrance/exit on Liatris Lane. Residents of Hennepin Village have a hard enough time entering and exiting Liatris Lane due to the layout of the street and only adding more traffic with the proposed CH Robinson parking lot entrance will only create havoc and put our children's safety at risk.My daughter has significant special needs and adding more traffic to our street will only add more danger and increase the risk of her and other children in our neighborhood of being injured. Please please please take my concerns into account and the children who live in our development as there are a plethora of kids. Thank you for your time and consideration. Sincerely, Suzanne Anderson 10001 Liatris Lane From: Vanessa To: GRP-AllCouncil; Ron Case;Anaie Perera;jklima(aedenprairie.org: ; Nancy Tyra-Lukens;sharon101Calmsn.com Subject: Eden Bluff 4th addition-Objection e-mail from EP homeowner.Petition attached. Date: Wednesday,November 07,2018 11:21:34 AM Attachments: HennepinVilliagePetition17.pdf Importance: High Attn: Eden Prairie City Council - upcoming meeting on 11/13/2018 I am writing to notify City Council members my objection to Eden Bluff 4th Addition—site location Carlson Road and Liatris Lane. I am one of the homeowners in Hennepin Village and asking the City Council to stop this addition as there are major safety issues to Eden Prairie residents including their children and elderly family members. This proposed building will have increased traffic and cause car accidents in this location. In the morning, it already takes an extra 5—8 minutes to get out my development on Carlson Road. Not to mention the individuals from CH Robinson employees in their speeding cars. The last traffic study was done in the summer and should have been in September or October to show the actual traffic issue. Please note this proposed site will impact the safety of residents and elderly family trying to take a walk in our development. Further, the proposed site location and additional entrance on Liatris is the same area as our school bus drop off/pick up and our children will be targets for CH Robinson employees rushing to get to work or when leaving. Should we hide are children as we have no options if you proceed with this building? Ryland Homes did not disclose the additional phase and upfront of this type of building site. I ask the City to understand the past 10 years has grown with more residents, homes, and tax payers. This proposed site will destroy our EP community with all the safety issues to increased pollution/traffic. I also found out CH Robinson proposed plans wants to build a high- level pond right behind my house. Who will pay for the damages to my basement when the water floods into my house? Are you aware this will impact numerous homeowners? Please see attached petition from 60 plus home owners. Again, please protect our EP Community and not build allow the Eden Bluff 4th addition. Thank you, Vanessa Solomon 15425 Junegrass, Eden Prairie, MN Petition to — Stop CH Robinson three (3) story building in front of Hennepin Village Residential neighborhood/ front entrance and nearby Eden Prairie communities Petition summary and City of Eden is currently reviewing plans by CH Robinson, Lot 4 which includes a three story 120,000 sq. ft. office building in lieu of background the previously approved one-story 80,000 office building,along with the surface parking lot to serve 700 more parking spaces. This is a residential neighborhood with a large population with children and over 500 plus homeowners who have numerous concerns including safety issues for residents and our children.The majority of residents in the neighborhood and nearby EP communities are strongly NOT in favor of the CH Robinson—Lot#4,three(3)story 120,000 sq. office building with surface parking lot. Residents don't understand why the City would consider a three-story building without the support of the people who live in this neighborhood and take time to review all the impacts that would occur to EP residents.Anyone who is familiar with Hennepin Village area this will cause greater congestion including the safety issues on the intersection of Liatris Lane and Charlson Road going towards Spring Lake road. Please don't allow this three-story building(safety issues,congestion,obstruction of views,and our property values) by building a three-story building. Sign the petition now to stop the three-story building! Action petitioned for We,the undersigned residents of Hennepin Village and nearby EP communities, are concerned residents who call on City of Eden Prairie/Eden Prairie City Council members to act now to NOT amend Lot 4 and to stop the approval of CH Robinson building a three story 120,000 office building with extensive surface parking lot to serve 700 parking spaces on the intersection of Liatris Lane and Charlson Road which is in FRONT of our Hennepin Village neighborhood. The City needs to understand we have 500 plus homes at Hennepin Village with more EP residents in nearby communities since CH Robinson purchased Lot#4 in 2005.This proposed building will affect our quality of life,congestion,and safety concerns.The residents are strongly against a massive three story office building with additional 700 parking lot spaces on Lot 4.This three-story building affects the safety of our family,friends,and neighbors.Also,heavily oppose the two side entrances(Liatris Lane)proposed by CH Robinson located as the same location the Eden Prairie bus picks up our children and residents use as walking path! Further, the increase traffic congestion with the proposed additional 700 parking spaces by CH Robinson will have a major effect to"All" Eden Prairie residents. We ask of you to please do not approve Lot#4 to be amended and not to have a three-story built in front of our neighborhood. It affects a lot of our neighbors that are within 250-500 feet of the proposed site including all 500 plus residents at Hennepin Village,and "ALL"extending Eden Prairie neighborhoods.Again,please don't allow this three-story building(safety issues,congestion,obstruction of views,and our property values)by building a three-story building! * Attached CH Robinson proposed building evaluations document. 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WUi17 + V01 10 re S p C1 a6-e-1 rues � ( I d Z 3�,a�• s C1- IZOI3;v)Sa`1 t C\kP'i .PG-Jak../ Ardjc l�-- LOtz. o 11 z %%.1.1.,--1.0 5104E c i vvs w. yt-ovi 1014- PQ1-9--) sp\+-tL. fts thr 1 remv spija-01014- c_,,ujskk,c,,Ik NOKuo 1)-K sotAE- AZ QOVE di7 Petition to stop three story building of CH Robinson Name Signature Address/Email/Phone Comment Date y sf rC7► it e p&) fU1&1f M� S) a ad c 7 j s 1 A , ii , S�--n'�!i-..."5 -" `1"r +Y Ll 7C�e v r wx 1�1 Lc .� re-o- 4: ri'�r 3<` ` nf'yf�- 1a f f o► .4,- - ACC •f`ts t , t`r� oi- .xs Nee LiN NI ri.te_e.A____________&ir Petition to stop three story building of CH Robinson Name Signature Address/Email/Phone Comment Date /ire /5 /o ev ( 4.,z /0, (1;31.-t-0 ,i ivorink-aT- . ti?al Z/617 7 Petition to stop three story building of CH Robinson Petition to — Stop CH Robinson three (3) story building in front of Hennepin Village Residential neighborhood/entrance Petition summary and City of Eden is currently reviewing plans by CH Robinson,Lot 4 which includes a three story 120,000 sq.ft.office building in lieu of background the previously approved one-story 80,O00 office building,along with the surface parking lot to serve 700 more parking spaces. This is a neighborhood with a large population with children and over 500 plus homeowners who have numerous concerns including safety issues for residents and our children.The majority of residents in the neighborhood are NOT in favor of the CH Robinson—Lot#4, three(3)story 120,000 sq.office building with surface parking lot. Residents don't understand why the City would consider a three-story building without the support of the people who live in this neighborhood and take time to review all the impacts that would occur to residents.Anyone who is familiar with Hennepin Village knows that it would make a lot more sense to only have a one story building to decrease the congestion including the safety issues on the intersection of Liatris Lane and Charlson Road. Please don't allow this three-story building(safety issues,congestion,obstruction of views,and our property values)by building a three-story building.Sign the petition now to stop the three-story building! Action petitioned for We,the undersigned residents of Hennepin Village,are concerned residents who call on City of Eden Prairie/Eden Prairie City Council members to act now to NOT amend Lot 4 and to stop the approval of CH Robinson building a three story 120,000 office building with extensive surface parking lot to serve 700 parking spaces on the intersection of Liatris Lane and Charlson Road which is in FRONT of our Hennepin Village neighborhood. We did not know the plans were going to change and a three-story building maybe built right in front of our development which will affect our quality of life and our privacy because of a 3-story building is being proposed. The residents are strongly against a massive three story office building with additional 700 parking lot spaces on Lot 4.This three- story building affects the safety of our family,friends,and neighbors.Also heavily oppose the two side entrances(Liatris Lane) proposed by CH Robinson located as the same location the Eden Prairie bus picks up our children and residents use as walking path! Further,the increase traffic congestion with the proposed additional 700 parking spaces by CH Robinson will have a major effect on Eden Prairie residents. We ask of you to please do not approve Lot#4 to be amended and not to have a three-story built in front of our neighborhood.It affects a lot of our neighbors that are within 250-500 feet of the proposed site including all 500 plus residents at Hennepin Village,and "ALL"extending Eden Prairie neighborhoods. Printed Name Signature Address/Email/ Phone Comment Date 3RIl3I--1Ae BeiWnA4iiila 1s1,�Z PI& i Fy o ,e �v N0 to �cr� Qc,•1,4+kJ rkik( \i S1 i &)m(viol vedive•-(4 rh e F airv►.GnMS 40-1- e;LA- JA bu.( ,! r Oil ptop0P-Itc;ity \-A u L f Pv1P\LE 4`] Ql,A m -tur\e )*. N c ird c1 r cd-,J Y+:; Ct kGJ'eAcLU . L0 pv. 1 llj Pyt[ C �t�Kd�� —Petition to stop three story building of CH Robinson,#4 Printed Name Signature Address/Email/ Phone Comment Date t O *-- -- j 5 13 i Pkvvi 56 re -Dv- /Vo 5 P e'/ti-.-r-t C f 'V -.,, G I. PLw A raw No n 'off ciedvow�c t,:okA/-\ ck,i ickir-GUilie._eo.ii - tz„,..„ N, eh, 1,01 4 bt..,:,Acti.„.? ef2--F2?-17 1 ort i n ,15i ,11 4 k p[u ojl�o 4 ° N Hof 4 •e c1,- 1 _ .—f �, t h ri-e (Nei ry - No Co G ,elhle W (a NH S 0- &13F.011 PM' XC----- ' - i c30 2 1L.-0 0's to O z 110 TOSsip akz.M E 3I 17 )_---------- No To STo1 r ')U)5 °ciPA-fl1 N o 'ry ct P o c F- t '5 332- h i ,groom► IT s ram , 1 111 "TA-W art i5r31- -PLurn-5A7 ,, ""0, '7\) -. [ DC 'i•-.41)giW1.6 6'40- 14FKHPi- i �3a.3 ?�.o,-is �}C2,g • ,I•i� To �n10rfs1s►-,J Y ei t-D9 9 I f/17-- N' r,► f•� rkrJ 4i0 siDE F--otD Lei i t 1 0,./.D S ' f 1 s-oS p a,- r's� .]fir- flq 0 . iC,6eiav -N-' PEED bug -A R. _� i3 t� c) �i a �N 7 e*�C-- 1✓ 1.I A (letAi: t r 4 fc- PIWry►�' are- Or' tir6 to Q-�hc� °� q( / I l�- A kv I0 V pa to Sr a,t-f�zc�ln� Cti to A m =�0- N V._ 1 5T10 7 SS �tii 0, a k e go / \ IkcH�m 3" // K4\ ye e ms , iR}r ( rv , —Petition to stop three story building of CH Robinson,#4 Printed Name Signature Address/Email/ Phone Comment Date riNGbiviu 1, a/i/j/ L-] ) 5 Z19g p 1 rrs vr) --']eft ci - C6 {{ iKh ):..7 Kr. / C. ,.c (› MTh Pawl 3 9,+t,,;t ill r 0/C-404 .d_______ (.5-2-2- 7 ,7 (153 l rn d`\. _. I t j z t‘ ki +k..-. C -,::.-� N •�,e �� Pam.c . s era r r 1_/ %I Z-:-'- `t--.1-- 7 1 ("5"-ici 3 fc-.6.44.4 s—rt,/,16- -Nit 5.:42. e.--k-y--4-r.-,4._ l►IY `� � �w� I LA- q(3] /9— A !k i \ ___I .--k,, 0 '' 51-77)---if P--,/c15. I ., 1 1 7 1c2-cIG, rim3tom. 1)2 '-- PA) T2. rcf? oYt C.1'62.: r a A'/l 0.1:1 /1-LArs 1,€1 l_r 16 0 f L u'm5)-onf fi y No to h�rare Li ci•h-1i Li � 1 gt-z - 9 $13LI No 3 _ '►l - r►qr w )noill ho I i rn art Cr o 4 '�' t3 e� �s� 1 -#r°`_ P�M tuts.- (J7- a\ e fr (fir 5 W'- ) ) i p uWI0r�- P'" tucr r31/6 ,(B�ii,.�.G0 1 r A VC 0 C y a,���, y ! t� 1'a jam] c, v� 9 )1/i lVa E r,)- �' L{ gu r ith NR 07 ,. `t 52 j 17wtv5tpive - No S41 y gf 1 44 ‘ ‘4 ) OC 1WWri i '. ,? r-V I Ck,--V '( 01)-0 4) I (# -)0 b r t;-- 1/ l P`P 11\ --- ,-- ') 1s 7 . ��S� i - _ =r p� ,,c, P c ti to ic-c z.c - 7 - 3 � 7 —Petition to stop three story building of CH Robinson,#4 Printed Name Signature Address/Email/ Phone Comment l.i to e,E,r .7i21A15 Vi t� Date i . �`�-'��� sty R L x 9 0,N s i o N eve la, Q '.R‘? . f-Zr-+ 55 311� lu to pot. e w-r R A MC i C:-, c.el 1 ❑tY Or r fi L f'1.4 fz ! (�Z"Zff pe. —sd-v:, o 'vV__ 4--L..e... I 5 ( � E. ter ' rly lr � E/ M IV S f 7.A 15 .E ,,,t$ t_ -D , My hAre, em-RAIKE 5)ND 3(11"'2 `Ii. h 7 _Sloe.,. at-i L ' c—r �5�q i, e L Alav � , � _, - roi k2E 5 53- er ,� L, A ti i2-) & moo ��5�r 7 Petition to stop three story building of CH Robinson,#4 From: vc.krish@yahoo.com To: Krishna Velesetti Subject: C.H.Robinson Expansion—Eden Bluff 4th Addition Objection Date: Sunday,November 04,2018 7:07:20 PM Attachments: Letter to EP City.docx Hello, I am a current resident of Hennepin Village, I am emailing to express my opposition the proposed expansion plan due to the following reasons. 1. Safety to kids 2. Traffic increase to the only already crowded exit from our home. Hope you guys reconsider the decision! P.S Attached is the group letter we are submitting to the City as well. Thanks, Kris C.H. Robinson Expansion—Eden Bluff 4th Addition Objection To, 1) Angie Perera (City Planner) 2) Eden Prairie City Council and Mayor 3) Eden Prairie Planning Commission members Subject: - 1) Residents of Hennepin Village community (hereinafter, referred to as"Residents") are objecting to C.H. Robinson (hereinafter, referred to as"Applicant") surface parking lot. 2) Residents are objecting to Applicant's expansion during subsequent phases 3) Residents are objecting to Applicant's traffic going through Liatris Lane and potentially other Community/Residential road(s). 4) Residents are very concern adding C.H. Robinson Sewer/rain water into back pond/lake, this will increase pollution and Mosquitos. Background substantiating valid concerns referenced in Subject: - During the year 2006/2007 (i.e., at the time of purchasing homes), Ryland Home Builders (hereinafter, referred to as "Ryland") informed and showed their construction map to current Residents, that the proposed applicant's project site, adjacent to Liatris Lane, belongs to Ryland and that the plan was to build a 2nd pool for Residents in the future. Attached is Ryland'construction map that was shown to residents. Furthermore, residents do not have any such promised 2nd pool till date and on top of it, they have been dealing with applicant's plans, which further aggravates their plight. Concerns to City Planning Commission and City Council: - Surface parking lot: Due to the construction of the surface parking lot, there will be a phenomenal increase in noise levels, smoke and reduction in privacy &security. If the Eden Prairie City Council (hereinafter, referred to as just"Council") moves forward with this plan, Residents request Council to approve &complete planting high-rise trees and a fence around affected community areas, at an acceptable height, prior to the commencement of parking lot construction by the Applicant Construction of office buildings with additional parking: Why is Council approving commercial buildings next to residential neighborhood, even though original plans were approved for residential construction purposes?We sincerely request that the Council fully consider the safety & future of its own residents as the first priority, and not push 700+ residents' lives &routines into a chaotic state, wherein, residents are expected to guard our neighbors and children constantly. Additionally, there are other serious ramifications due to this proposed plan: it will have negative impacts on home values, life styles, privacy, interference to natural flow of air and sunlight, and much more. Traffic increase at& near intersection of Liatris Lane &Charlson Road: Based on applicant's proposal, the Council is approving commercial traffic flowing through a residential neighborhood/street (opening onto Liatris Lane from applicant's parking lot, in both directions). It is painful to note that, Residents are getting nudged to deal with the pain & burden of commercial traffic (applicant's employees'vehicles) and the Council not fully considering the safety of families, especially children. Despite more than 700+ objections from residents, it is surprising to see that the proposed project plan has even come to Council review prior to resolving Residents'concerns. In summary, Residents are collectively asking the question, "Why is the Council ignoring the well-being of its residents and moving ahead with the approval process?". As you can see from aforementioned valid concerns, the proposed plan from the Applicant should be dismissed by the Council without further consideration. Once again, please consider your RESIDENTS FIRST!!! Thank you. Respectfully, Residents of Hennepin Village community Attachments: - 1) Ryland Homes brochure/ site plan 2) Details of current residents, such as Names, signatures, etc. From: Venkat Chandra To: Julie Klima;GRP-AllCouncil; Ron Case; Nancy Tyra-Lukens;Anaie Perera Subject: Ch Robinson expansion--Objection request Date: Monday,November 05,2018 10:02:39 AM Dear City Counsel members, I'd like to state my strongest objection to the opening entrance in Liatris lane to Ch Robinson which causes safety of residence,polution and noice to all Hennepin Village residents and also concern about home values if city opens a entrance to Ch Robinson location Please review and do the best for the hennipin village residents. Venkat Chandra 15371 Plumstone dr Eden Prairie Thank you From: Vin S To: Angie Perera Cc: GRP-AllCouncil Subject: Hennepin Village resident objection to CH Robinson expansion Date: Wednesday,November 07,2018 8:13:30 AM Hi, I'm a resident at Hennepin village which is a resident community next to where CH Robinson is planning it's expansion. I strongly object to them having entrances to their property through Liatris Drive. They have a 600+parking slots planned and I see them getting into the community by-lanes during peak hours. We have many children here and this poses a very great risk. I request the city council to please consider this protest in the meeting scheduled on 11/13/2017. Thanks, Vinod 301-250-8725 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Smith Village IX.B. Development/Planning Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution amending the 2030 Guide Plan from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres • Adopt a Resolution for a Planned Unit Development Concept Review on 7.16 acres • Approve the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 7.16 acres and a Zoning District change from Pub and I-Gen to RM-2.5 on 7.16 acres • Adopt a Resolution for a Preliminary Plat of two lots into 5 lots and 1 outlot on 7.16 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicants are proposing to develop a 7.16-acre property into a multi-family unified residential project with three product types. The property is located east of Eden Prairie Road, north of Highway 212 and just north of the Minnesota River Bluff LRT Regional Trail. CommonBond is proposing Trail Point Ridge along Eden Prairie Road. This proposed product includes workforce housing in a 4-story building with 58 units. Ninety percent of these homes will have rents attainable for middle income workers. The building will include 1-bedroom, 2-bedroom, and 3-bedroom units. Both surface and underground parking are being proposed for this building. United Properties Development, LLC is proposing a 100-unit 3-, 4-, and 5-story building on the east side of the property. The building includes for-sale homes for active and independent seniors at least 62 years of age. Each home will be sold as a membership share of stock into the cooperative. Both underground and surface parking are being proposed. All of the homes are two-bedrooms and most include a den and/or sunroom. This proposed building will include a number of amenities for the residents such as a craft room, fitness center, great room, etc. Halley Land Corp. is proposing Smith Village Townhomes, which will include two, 3-unit townhome buildings along the regional trail. Each of the 6 for-sale townhomes will be custom homes that are approximately 3,500 square feet with two- or three- car garages. Background The church property is currently guided Church/Cemetery and the undeveloped lot is guided Industrial. The applicants are requesting an amendment of the 2030 Comprehensive Plan to reguide both properties to Medium High Density Residential, which allows 10 to 40 units per acre. The proposed residential project has an overall density of 22.9 dwelling units per acre. If the City Council approves the 1st reading, the City will submit an application for the Comprehensive Plan Amendment to the Metropolitan Council following the Pt reading of the project. Due to the December 31, 2018 deadline for communities to submit the 2040 Comprehensive Plan updates, the Metropolitan Council has established a deadline of December 31, 2018 to process amendments to the 2030 Comprehensive Plans. The Metropolitan Council will only process amendment requests to the 2030 plans that are deemed complete by Met Council on or before December 31, 2018. Preliminary Plat The property is currently two parcels served by a private street. The applicants are proposing a preliminary plat to create five lots and one outlot to accommodate the three product types that are proposed with this project. Access to City's Water Storage Tank The City recently purchased property from MNDOT and is planning to construct a water storage tank southeast of the project across the regional trail. Vehicular and utility access is needed to the proposed storage facility. Staff has requested that construction and permanent access be provided through this development. The City has worked with the applicants to identify an access route and prepare easement language (see attached). The attached easement language shall be executed along with the development agreement. Affordability Trail Pointe Ridge is a mixed income housing community, including 52 low-income housing tax credit units affordable to the local workforce, and six units at market rate rents. The applicant have indicated that they will be requesting an exemption from the Park Dedication fees for the affordable units. The applicants will be requesting for TIF funding. Other projects that have requested TIF addressed park dedication payment through the review of financing information during the TIF process. The City has adopted goals in the 2030 Comprehensive Plan relating to providing affordable housing units. This development will assist in meeting these goals by providing affordable units. The applicants are proposing that Applewood Pointe will provide 3 units at 60% AMI, 4 units at 80% AMI, and 3 units at 100% AMI consistent with staff's recommendation. In consideration of the affordable units and the easements granted to the City, the applicants are requesting an exemption from the Park Dedication Fees and the Sewer and Water Availability Charges or the equivalent fee basis for the 10 affordable homes. Sewer and Water Availability Charges (SAC and WAC) cannot be waived. Staff recommends waiving the Park Dedication Fees on the 3 affordable units at 60% AMI, but not on the 7 other affordable units. Tax Credit Funding and LCDA Grant CommonBond has submitted an application for a grant through the Livable Communities Demonstration Account (LCDA). The LCDA grant remains under review. However, the City has received word that this project has been recommended for LCDA funding and a final decision is expected in November. In addition, CommonBond applied for Low Income Housing Tax Credits, which have been approved. Shadow Study In response to concerns raised about the Applewood Pointe building casting shadows on the Smith Douglas More House property, the applicants have prepared a shadow analysis. The shadow plans illustrate the shadows cast in the morning and evening on September 21 and December 21. Copies are included in the packet. Cross Programming Staff encourages cross programming between the three product types to provide for resident interaction and opportunities to build community. This is a way to promote a sense of community and create a unified neighborhood. The applicants have provided a Cross Programming Plan that provides multiple options for ongoing multigenerational interaction. These include providing a central amenity feature and gathering space connected to all of the product types, creating outdoor activity days throughout the summer months, planning and implementing Night to Unite, implementing the Study Buddy program where older residents can assist students, and Applewood Point could host a gift- wrapping event or pot-luck at the holidays. Specific details about cross programming will be addressed in the Development Agreement. Sustainable Features The applicant intends to maximize sustainable efficiency with the building's mechanical and electrical systems and participate in rebate programs. The project will include the use of building materials that contain recycled content for decking and site furniture. Bike racks are proposed for the site. The project includes a raingarden with native plantings, an electric car charging station, and a rainwater collection system for the community gardens. The Trail Pointe Ridge product will adhere to the Minnesota Green community standards, incorporating green and sustainable building design and components. The applicants are reviewing the feasibility of equipping the building with the necessary equipment to convert to solar panels in the future for the Trail Pointe Ridge project. Requested Waivers The proponent is requesting to rezone the property to RM-2.5, which allows multi-family developments. A senior living development has characteristics unique from a typical multi-family project. Therefore, the proponent is requesting a number of waivers for the proposed project. The waivers may be reasonable given the unique nature of this project. In exchange for the waivers, the proponent is providing site amenities, an easement to access the City's water storage tank, a trail connection to the Smith-Douglas-More House, a high level of building architecture, and generous landscaping. Following is a list of the waivers being requested: 1. Density. City Code allows 17.4 units per acre. The plan proposes 22.9 units per acre. 2. Gross Site Area: City Code 2,500 square feet per unit and the plan provides 1,902 square feet per unit. 3. Building Height: The maximum building height in City Code is 45 feet. The Applewood Point building ranges from 2 stories to 5 stories and it is 66 feet 7 inches for the 5 story secton. Trail Pointe Ridge is a 4-story building and it is 56' 4". 4. Building Setback along Glory Lane: The minimum side yard setback by Code is 25 feet. Trail Pointe Ridge is 16.7 feet to the property line. 5. Parking Setback along Eden Prairie Road: City Code requires a 35 foot setback from the parking lot to the right-of-way line. The proposed parking lot for Trail Pointe Ridge has a 20 foot setback. 6. Parking Setback from Side Lot Line: City Code requires parking lots to be at least 10 feet from a side lot line. The parallel parking for the townhomes is 1 foot away from the lot line. 7. Lots Without Street Frontage: All lots in the City are required to have frontage on a public street. As proposed on the preliminary plat, Applewood pointe and the townhomes do not have frontage on a public street. 8. Minimum Lot Depth: City Code requires the townhome lots to be at least 100 feet deep. As proposed on the preliminary plat, the lots for the townhomes are 86 feet deep. 9. Group Usable Open Space: The project is required to have 600 square feet of group usable open space per unit. The proposed site plan includes 390 square feet per unit. 10. Parking: The City Code requires 2 parking spaces per unit. Applewood Point does not meet the standard. The proposal provides 1.62 parking stalls per unit. 11. Covered Parking Stalls: At least one of the two required parking spaces per unit must be covered. Trail Pointe Ridge is required to have 58 covered stalls and the underground parking lot accommodates 49. 12. Landscaping: Not including tree replacement, the project requires 973 caliper inches of landscaping. The project includes 436 caliper inches. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the October 8, 2018 meeting. The Planning Commission recommendation included several conditions of approval that were to be addressed before the City Council meeting. The conditions have been satisfied and are reflected in the plans stamp dated October 29, 2018. The 120-Day review period expires on December 11, 2018. Attachments 1. Resolution-Guide Plan Change 2. Resolution—PUD Concept 3. Ordinance—PUD and Zoning Change 4. Resolution—Preliminary Plat 5. Staff Report— September 5, 2018 6. Staff Report—October 5, 2018 7. Guide Plan Map—Current 8. Guide Plan Map -Proposed 9. Zoning Map—Current 10. Zoning Map -Proposed 11. Aerial photo 12. Approved Planning Commission Minutes 13. Approved Planning Commission Minutes 14. E-mail from Hosta Society CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION AMENDING THE 2030 COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the 2030 Comprehensive Municipal Plan("Plan"); and WHEREAS,the Metropolitan Council authorized the City of Eden Prairie to put its 2030 Comprehensive Plan into effect on October 14, 2009; and WHEREAS,the City Council put the 2030 Comprehensive Plan into effect on October 20, 2009; and WHEREAS,the proposal of Smith Village,by CommonBond Communities, United Properties Development, LLC and Halley Land Corporation is for a 2030 Comprehensive Guide Plan Change from Church/Cemetery and Industrial to Medium High Density Residential on 7.16 acres, as legally described on Exhibit A; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated October 29, 2018 and the staff report dated September 5, 2018 and October 8, 2018 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Legal Description Prior to Final Plat: Lots 2 and 3 and Outlot A, Legion Park, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-5 and Outlot A, Smith Village, Hennepin County CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SMITH VILLAGE FOR COMMONBOND COMMUNITIES, UNITED PROPERTIES DEVELOPMENT,LLC AND HALLEY LAND CORPORATION 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 Planning Commission did conduct a public hearing on September 11, 2018 and October 8, 2018 on Smith Village by CommonBond Communities, United Properties Development, LLC and Halley Land Corporation and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 13, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Smith Village, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated October 29, 2018. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 8, 2018. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Smith Village Legal Description Prior to Final Plat: Lots 2 and 3 and Outlot A, Legion Park, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-5 and Outlot A, Smith Village, Hennepin County SMITH VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018-PUD- -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Public and Industrial General Zoning District and be placed in the RM2.5 Zoning District as noted in Exhibit A_-2018-PUD- -2018 (hereinafter "PUD- -2018- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between CommonBond Communities, United Properties Development , LLC and Halley Land Corporation, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2018- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2018- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2018- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2018- are justified by the design of the development described therein. D. PUD- -2018- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public and Industrial General and placed in the RM2.5 Zoning Districts as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_- 2018- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of November, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the_day of , 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A Public and Industrial General Zoning District to RM2.5 Zoning District Legal Description Prior to Final Plat: Lots 2 and 3 and Outlot A, Legion Park, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-5 and Outlot A, Smith Village, Hennepin County CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SMITH VILLAGE FOR COMMONBOND COMMUNITIES, UNITED PROPERTIES DEVELOPMENT,LLC AND HALLEY LAND CORPORATION. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Smith Village for CommonBond Communities, United Properties Development, LLC, and Halley Land Corporation stamp dated October 29, 2018, and consisting of 7.16 acres into 5 lots and one outlot, 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 subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change, approval of the Comprehensive Plan Amendments by the Metropolitan Council and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: September 5, 2018 SUBJECT: Smith Village LOCATION: 16389 and 16397 Glory Lane APPPLICANTS: United Properties, Halley Land Corp., and Common Bond OWNERS: United Properties Development, LLC and Resurrection Life Church 120 DAY REVIEW: December 11, 2018 REQUEST: 1. Guide Plan Change from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres 2. Planned Unit Development Concept Review on 7.16 acres 3. Planned Unit Development District Review with waivers on 7.16 acres 4. Zoning District Change from Pub and I-Gen to RM-2.5 on 7.16 acres 5. Site Plan Review on 7.16 acres 6. Preliminary Plat of two lots into 5 lots and 1 outlot on 7.16 acres BACKGROUND The applicants are proposing to develop the 7.16-acre property into a multi-family residential project with 3 product types. The proposed uses include a senior cooperative,townhomes, and workforce housing. The property is located at 16389 and 16397 Glory Lane,which is east of Eden Prairie Road just north of Highway 212. The properties are bordered on the southeast by the Minnesota River Bluffs LRT Regional Trail,on the west by Eden Prairie Road,a funeral home and the Smith Douglas More House,on the north by residential and the northeast by industrial uses.The property consists of two lots. A church is located on the property along Eden Prairie Road and the property behind it is undeveloped. Although the project includes three developers and three different product types,the applicants are partnering to design the project so that it is one cohesive development known as Smith Village. • Trail Pointe Ridge:CommonBond Communities is a nonprofit company providing affordable housing. The product proposed includes workforce housing in a 4-story building with 58 units. Ninety percent of these homes will have rents attainable for middle income workers. The building will include 1-bedroom, 2-bedroom, and 3-bedroom units. Both surface and underground parking are being proposed for this building. The Trail Pointe Ridge product is Staff Report—Smith Village September 6, 2018 Page 2 dependent on receiving funding. CommonBond has applied for funds through grants and tax credit programs. If CommonBond in unable to secure funding,the project will be developed with only the Applewood Pointe and United Properties will not execute the option to purchase the church property. • Applewood Pointe:United Properties Development,LLC is proposing a 100-unit 3-,4-,and 5-story building. The building includes for-sale homes for active and independent seniors at least 62 years of age. Each home will be sold as a membership share of stock into the cooperative.Both underground and surface parking are being proposed.All of the homes are two-bedrooms and most include a den and/or sunroom.This proposed building will include a number of amenities for the residents such as a craft room, fitness center, great room, etc. The proposal includes 10 affordable units at 80% of AMI. • Smith Village Townhomes:Halley Land Corp.is proposing two,3-unit townhome buildings. Each of the 6 for-sale townhomes will be custom homes that are approximately 3,500 square feet with two- or three- car garages. COMPREHENSIVE PLAN AMENDMENT AND ZONING The church property is currently guided Church/Cemetery and = .-- E , the undeveloped lot is guided „., Industrial. The applicants are "' ��, .'' . _ requesting an amendment of the " '� ` q g � . �2030 Comprehensive Plan to �, p 1114 I _ . reguide both properties to it r" °- ;f Medium High Density ► 'N , • , r Residential,which allows 10 toj. Y 40 units per acre. I a j .f J The properties are currently ` "' AV y . a.zoned Public and I-General. 7 ..a ; .�_` - ',•- . f The applicant is proposing to 11 { rezone to RM2.5. °°n. i j iTi J .r- _ ;- ir T —`� SITE PLAN W' =1.q.` �-- � p _ QS: Trail Pointe Ridge is proposed ,, "Ir �d i f ,:, to be located so that the i 1. I 5 ti'' ' •building faces Eden Prairie a I I J ;��aR 1 S' Road with parking between the } E building and the street. Access } a I' - - ,- to the site is proposed from a i 3± a ve,.; / , 'J„• Glory Lane. The site is ii P - Nm'" i _.� Staff Report—Smith Village September 6, 2018 Page 3 proposed to have sidewalks and walking paths with a connection to the regional trail.This site is also proposed to include a rain garden and a seating area with public art. This area is located along the drive into the townhomes and Applewood Pointe. The townhomes are proposed behind Trail Pointe Ridge and parallel the Minnesota River Bluffs LRT Regional Trail. Access is proposed off of Glory Lane and through a shared the driveway with Applewood Pointe. In addition to garage and driveway parking,the site includes 9 parallel parking stalls for visitors. Applewood Pointe is proposed in the northeast corner of the site.Due to the shape of the building,it is adjacent to the Smith Douglas More House property,residential property,industrial property and the Minnesota River Bluffs LRT Regional Trail. Access to the site comes from Glory Lane past Trail Pointe Ridge and the townhomes. The proposed site includes an extensive sidewalk and tail system that connects with the other residential products proposed and includes a connection to the regional trial and to the Smith Douglas More House property. TREE REPLACEMENT AND LANDSCAPE PLAN The applicants have submitted a tree replacement and landscaping plan. It appears that the plan meets the tree replacement requirements,but not the landscaping requirements.The landscaping plan must show which specific trees are being used to meet the tree replacement requirement. The plan includes trees, shrubs, and planting beds. The landscaping plan must be revised as detailed in the staff recommendation. SIDEWALKS AND TRAILS The project includes an interconnected system of paths and sidewalks. There are connections to the trail along the east side of Eden Prairie Road, the Smith Douglas More House property and the Minnesota River Bluffs LRT Regional Trail. This pedestrian system also provides access to Miller Park on the west side of Eden Prairie Road. WATER STORAGE TANK ACCESS The City recently purchased property from MNDOT and is planning to construct a water storage tank southeast of the project across the regional trail. Vehicular and utility access is needed to the proposed storage facility. Staff has requested that construction and permanent access to be provided through this development. The development team has not addressed this and proposes off-site access though no formal proposal or agreement has been provided. Staff recommends that the plans be revised to include access to the proposed storage site as outlined further in the staff recommendation. LIGHTING The proposed site lighting plan meets City requirements and will be confirmed at the time of building permit issuance. 3 Staff Report—Smith Village September 6, 2018 Page 4 SIGNS Conceptual sign details have been submitted with the application. The signs appear to meet the standards. All sign permits will require review and approval through the sign permit process. AFFORDABILITY Trail Pointe Ridge is a mixed income housing community, including 52 low-income housing tax credit units affordable to the local workforce,and six units at market rate rents. Applewood Pointe is proposing 10 affordable units at 80%AMI or less. Both applicants are requesting an exemption for Cash Park Fees and City Water Access charges for the affordable units. ARCHITECTURAL STANDARDS The applicants provided building elevations for Trail Pointe Ridge and Applewood Pointe. The buildings includes a number of recesses and projections, color variations, roofline variation and material changes.All of these additional architectural details add to the character,quality and appeal of the buildings. The buildings are being designed to complement each other. The townhomes will be custom homes. The applicant has provided examples of the design and materials expected with the townhomes. The proposed plan for Trail Pointe Ridge appears to meet the requirements per façade for 75/25% materials. Materials provided that are within the 75%required category include glass and stone. In addition, the building includes cement fiber board panels and lap siding. Fiber cement siding is considered a Class I material in the RM2.5 Zoning District. Staff is recommending that additional information and/or revisions be made to the plans to confirm compliance for Applewood Pointe to the building material standards. SUSTAINABLE FEATURES The applicant intends to maximize sustainable efficiency with the building's mechanical and electrical systems and participate in rebate programs. The project will include the use of building materials that contain recycled content for decking and site furniture.Bike racks are proposed for the site. The project includes a raingarden with native plantings, an electric car charging station, and a rainwater collection system for the community gardens.The Trail Pointe Ridge product will adhere to the Minnesota Green community standards, incorporating green and sustainable building design and components. The applicants are reviewing the feasibility of equipping the building with the necessary equipment to convert to solar panels in the future for the Trail Pointe Ridge project. 4 Staff Report—Smith Village September 6, 2018 Page 5 PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development(PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process,the applicant is seeking waivers to City Code requirements as outlined below. 1. Density from 17.4 units per acre to 22.9 units per acre The RM2.5 zoning district allows 17.4 dwelling units per acre. This project proposes a total of 164 units over on 7.16 acres for a total of 22.9 units per acre. 2. Gross Site Area from 2,500 square feet per unit to 1,902 square feet per unit City Code requires the total area of the site to be 2,500 square feet per unit or 410,000. The site is 7.16 acres or 312,000 square feet. 3. Building height from 45 feet to 74 feet 10 inches at its highest point for Applewood Pointe and 54 feet for Trail Pointe Ridge. The Applewood Point building ranges from 2 stories to 5 stories.The portion of the building closest to the Smith Douglas More House property is proposed to be two and three stories to reduce the visual impact and blend in with adjacent development. The 5 story or highest portion of the building is proposed along the northeast,east and southeast side of the building adjacent to the industrial use and the regional trail. Trail Pointe Ridge is a 4-story building. 4. Building Setback along Glory Lane from 25 feet to 17.6 feet for Trail Pointe Ridge. Glory Lane is a private street. Therefore, the setback to the building is considered a side setback,which is 25'. The requested waiver to 17.6 feet allows for the building to be located closer to the street and allow for access to the underground parking on the south end of the building. 5. Parking Setback along Eden Prairie Road from 35 feet to 20 feet for Trail Pointe Ridge. Parking lots along a public street are required to meet the required front yard setback. 6. Parking Setback from 10 feet to 1 foot for the Townhomes. The required parking setback for the parallel parking stalls for the townhomes is 10'. The parking lot is nearly on the property line. The waiver allows visitor parking on the lot and provides for maneuvering room into the garages of the townhomes. 5 Staff Report—Smith Village September 6, 2018 Page 6 7. Lots Without Street Frontage City Code requires lots to have frontage on a public street. The townhome lots and the Applewood Pointe lot do not have frontage on a public street. Due to the location of the existing lots and the fact that Glory Lane is a private street,the applicants cannot create lots that all front on a public street. 8. Minimum Lots Depth from 100 feet to 86 feet for the townhomes There are two lots on the plat for the townhome units. The depth is 86 feet versus 100 feet. This dimension is enough to accommodate the units and the applicant intends to plat is as a Common Interest Community plat in the future. 9. Group Usable Open Space from 600 square feet per unit to 390 square feet per unit The proposed project includes indoor and outdoor spaces suitable for groups of people to recreate and socialize. The indoor spaces include areas such as community rooms, fitness center,library,great room,club room and lounge. The outdoor spaces include areas such as ball court,playground,sidewalks and walking paths,community garden,sitting areas,plaza area, and exercise areas. The project provides a variety of options for all of the residents. 10. Parking from 200 to 162 spaces for Applewood Pointe. There are 113 underground parking spaces and 49 surface parking spaces. City Code requires 2 parking spaces per unit. The proposal provides for 1.62 parking stalls per unit, which is consistent with other similar senior facilities and multifamily projects. Senior facilities of this nature do not utilize the number of parking stalls required in traditional RM-2.5 district development. According to the applicant, Applewood Pointe, most of the residents in their other projects only have one car. In addition, the applicant has provided data regarding the parking ratios at other Applewood Pointe projects, which range anywhere from 1.51 vehicles per unit and 1.67 vehicles per unit. There will be bicycle parking on site for staff and visitors. In response to concerns about overflow parking during special events in any of the buildings, Smith Village has an agreement with Huber Funeral Home to use 45 parking spaces with 10 days notice. 11. Covered Parking from 58 underground to 49 for Trail Pointe Ridge. City Code requires 2 parking stalls per unit with at least one of the stalls being covered. Trail Pointe Ridge requires 58 of the required parking stalls to be covered. The proposed underground parking garage includes 49 parking stalls. The building footprint limited the number of underground parking stalls, but the applicant expanded their surface parking so they meet the code requirements for the total number of parking stalls on site. 6 Staff Report—Smith Village September 6, 2018 Page 7 12. Landscaping Each of the product types require landscaping for foundation plantings,parking lot screening, and improving the overall environment on the site.It is likely that a waiver will be required. The plan requires 973 caliper inches and the plan includes 253 caliper inches of trees. Planting beds can count toward the caliper inch requirement; however, staff has requested additional plantings along the back of Trail Pointe Ridge and information about plantings beds. In order to determine the waiver requested, staff needs a revised plan. STAFF RECOMMENDATION Staff recommends a continuance until the October 8,2018 Planning Commission meeting.There are a number of outstanding issues and changes that need to be addresses before staff can provide a complete recommendation. This will give the development team time to prepare revisions to the plans. Staff recommends the following issues and changes are addressed before coming back before the Planning Commission. General Comments 1. The plans must be revised such that both temporary construction access and long term access to the future City owned groundwater reservoir be provided through Smith Village in the location and alignment indicated on previously submitted plans. The alignment of the access trail must accommodate turning movements for a vehicle 50' in length. The access trail must be widened to 12' wide and be constructed with a heavy duty section sufficient to support construction vehicles. 2. All plan sheets must indicate the 5' of right of way to be dedicated adjacent to Eden Prairie Road as indicated on the preliminary plat. 3. If CommonBond does not secure funding and Applewood Pointe is the only product being developed, all of the plans and the preliminary plan will have to be revised. 4. The applicants shall submit the plans to the Hennepin County Regional Rail Authority for review of the trail connections. Preliminary Plat 1. The preliminary plat must be revised regarding drainage and utility easements as follows: a. The blanket drainage and utility easement over Lot 4, Block 1 should be removed. The drainage and utility easements should include standard perimeter easements and cover 10' either side of public sanitary sewer and water mains. b. Drainage and utility easements should be removed from the bio-infiltration basins as they will be privately owned and maintained. 7 Staff Report—Smith Village September 6, 2018 Page 8 Site Plan 1. Change reference to CUP to PUD 2. The dimension from the parking lot of Trail Pointe Ridge should be taken from the right- of-way line after the dedication of 5' for Eden Prairie Road. 3. One of the decks along the southeast side of Applewood Pointe encroaches into the drainage and utility easement. Even though the deck is proposed as a cantilever deck, it cannot encroach into the easement. The deck should be redesigned to eliminate this encroachment. 4. The bituminous connection to the regional trail that is between the townhomes and Applewood Pointe is labeled as 8' on some of the plan sheets and 10' on other plan sheets. All of the sheet should be consistent. 5. Details of a code compliant trash enclosure for Trail Point Ridge must be included on the plans. 6. Images or details of what the retaining walls will look like must be included in the plans. 7. The plan must include the size of the islands and the percentage of the parking lot that consists of islands. 8. If the project includes decorative pavers, the plan should include details of the pavers. 9. Sidewalks adjacent to parking stalls should be 7' wide to allow for overhang of cars while maintaining 5' of unobstructed access. 10. The sign for the Townhomes must be moved onto the townhome property. 11. The transformer adjacent to the townhomes must be located a minimum of 10' from the public sanitary sewer main. Landscape Plan 1. The landscaping proposed for the project does not meet code requirements. 2. None of the parking lot islands for Trail Point Ridge include plantings. City Code requires plantings in each island. 3. Trail Point Ridge should include foundation plantings on the back side of the building. 4. There are a number of trees throughout the project that are located in the drainage and utility easements. These trees must be moved out of the easements. 5. The drainage and utility easements and the public and private utility lines (sewer, water, stormsewer) must be shown on the landscape plan enlargements. This will help ensure that plantings are not on top of utilities. The proposed landscaping for Applewood Pointe shows shrubs on top of the screen porch and deck on the southeast side of the building. Trees may not be planted within drainage and utility easements in which public utility lines are located. Building Elevations and Materials 1. The building material percentage calculations for Applewood Pointe must include the percentage of glass. 8 Staff Report—Smith Village September 6, 2018 Page 9 2. The building material percentage calculations for Applewood Pointe should include the percentage of Class I material per façade. 3. The building material symbols for Applewood Point should include the vertical siding and it should be noted whether it is fiber cement board. The building material symbol for the raised stucco textured panel should indicate what the panel is made of. 4. On the 4 story portions of Applewood Pointe, the first two stories should be more visually distinct than the upper stories. This could be accomplished by moving the trim board from above the first floor as shown to above the second floor or changing building material. 5. The building elevations for Trail Point Ridge and Applewood Pointe should include a graphic showing how the building height is determined based on the following: i. Building height- the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof ii. Grade Plane:A reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. Group Usable Open Space 1. For the Trail Point Ridge component, the strip of land between the trail and the property line should not be counted as Group Usable Open Space. The space is too narrow to function as a place to socialize or recreate. In addition, the rain garden should not be counted. Although, the space has a function,people cannot socialize or recreate in the actual rain garden. 2. For the Applewood Pointe component, the second story open space above the lobby should not be counted as Group Usable Open Space. The space functions as a place to look down into the lobby. In addition, the two guest suites should not be counted. It is more private space than public space. Tree Preservation & Removal Plans 1. The total square footage for the townhomes should be approx. 4,200 square feet per unit. This would be a total of 25,200 square feet overall, not 42,000 square feet. 9 STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: October 5, 2018 SUBJECT: Smith Village LOCATION: 16389 and 16397 Glory Lane APPPLICANTS: United Properties, Halley Land Corp., and Common Bond OWNERS: United Properties Development, LLC and Resurrection Life Church 120 DAY REVIEW: December 11, 2018 REQUEST: 1. Guide Plan Change from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres 2. Planned Unit Development Concept Review on 7.16 acres 3. Planned Unit Development District Review with waivers on 7.16 acres 4. Zoning District Change from Pub and I-Gen to RM-2.5 on 7.16 acres 5. Site Plan Review on 7.16 acres 6. Preliminary Plat of two lots into 5 lots and 1 outlot on 7.16 acres BACKGROUND Review and discussion of this project is a continuation of the public hearing that was opened at the Planning Commission meeting on September 10, 2018. At the meeting,the Commission voted to continue the public hearing until October 8 to give the applicant time to address a number of issues before staff or the Planning Commission could make a recommendation. In addition to staff's comments, a number of questions and comments were raised at the Planning Commission meeting. The applicant has provided responses and follow-up information regarding those questions and comments (see attached). On September 24, 2018, the applicant submitted revised plans that address many of staff's comments; however, some of the items need additional review and discussion as detailed below. PUBLIC COMMENTS Since the September 10 meeting, staff has received written comment, which are attached with this report for the Planning Commission's review. • Alex and Ann Schuster(operators of the Coffee Shop in the Smith-Douglas-More House)— Staff Report—Smith Village October 5, 2018 Page 2 letter dated October 1, 2018 and attached • Don Hanson(resident at 7934 Timber Lake Drive)email dated October 4,2018 and attached LANDSCAPING The revised landscaping plan includes additional shrubs, perennials and grasses between Eden Prairie Road and the parking lot for Trail Point Ridge to provide additional screening and seasonal color. The applicant has also added foundation plantings along the back side of Trail Point Ridge, enhanced the plantings along the main drive into the site, and added plantings in the parking lot islands for Trail Point Ridge. The revised plan meets the tree replacement requirements; however, the applicant is requesting a waiver for the landscaping requirements. The project requires 973 caliper inches of landscaping, and the plan includes approximately 504 caliper inches. Of the 504 caliper inches, 261 caliper inches are provided by trees and roughly 243 caliper inches(25%)are being replaced by plantings beds and shrubs.The ordinance allows 25%of the required caliper inches to be replaced by plantings beds or shrubs. On this plan, the applicant counted far more plantings beds and shrubs that 25% of the required caliper inches. This is not consistent with City Code and it erroneously makes it appear that they exceed the requirements.The applicant shall revise the plan to provide calculations that meet the ordinance requirements.This will help staff determine the exact extent of the waiver request. Although this is a significant waiver request, the addition of more plantings would result in overplanting causing overcrowding and maintenance issues. The landscaping is well-designed and provides function and aesthetics. In addition,the plan includes native species and plantings that will provide year round color and interest. BUILDING MATERIAL AND HEIGHT The applicant provided revised building material calculations for Applewood Pointe. It appears that all but two of the building facades meet the 75%Class I building material requirement. On two of the facades,the plan lists colored rock face concrete block as a Class I material. Concrete block is a Class II material. The plan shall be revised to meet the City Code requirement. In addition, the applicant shall provide building material samples for Trail Point Ridge and Applewood Pointe. The revised building elevations for Trail Pointe Ridge do not illustrate how the building height is measured using the City's recently adopted method. The applicant must provide an illustration of the calculations so staff can verify the building height waiver. SIDEWALKS The applicant is proposing 5' and 6' wide sidewalks. Where parked cars might hang over the sidewalk,staff recommends the applicant widen the sidewalk to 7'wide to provide a minimum of 5' of clear walkway. 2 Staff Report—Smith Village October 5, 2018 Page 3 PUBLIC ART The plan includes an area with public art and other site amenities,which are not detailed in the plan. The Development Agreement will address the art and amenities including items such as providing a process for selecting the art and timing of installation. AFFORDABILITY Trail Pointe Ridge is a mixed income housing community, including 52 low-income housing tax credit units affordable to the local workforce,and six units at market rate rents. Applewood Pointe is proposing 10 affordable units at 80%AMI or less. There are a number of goals and policies in the City's 2030 Comprehensive Plan encouraging elderly housing and affordable housing opportunities within the community. The plan acknowledges that there is a growing demand for affordable housing in the community and seniors are a growing segment of the population which has specific needs including affordable housing. Some of the Comprehensive Plan goals and policies include the following: • encourage the development of housing opportunities for seniors appropriate for the physical/mental changes they experience; multiple unit housing with common indoor/outdoor community areas that encourage inclusion and options that provide services such as nurses visits, dining options and transportation; • encourage independent and assisted living housing for seniors; • encourage elderly and affordable housing throughout the City; • promote and support the development of new affordable housing units to meet the community's share of the regional affordability housing needs as well as the City's goals; • support efforts to develop quality, affordable housing developments that are long lasting, indistinguishable from market rate housing and well-maintained and managed; and, • Ensure that a portion of the City's remaining land and major redevelopment areas, including the Major Center Area and Golden Triangle TOD, are developed as affordable housing. As discussed above, the City Council has adopted goals in the 2030 Comprehensive Plan relating to providing affordable housing units. This development will assist in meeting these goals by providing affordable units. Staff has discussed the affordability proposal presented by Applewood Pointe and feels the following proposal aligns more closely with the City's affordability goals and recommends 3 units at 60%AMI, 4 units at 80%AMI, and 3 units at 100%AMI. Subject to City Council review and approval, an affordability component will be incorporated as a requirement in the development agreement to be presented to the City Council. 3 Staff Report—Smith Village October 5, 2018 Page 4 FEES AND CHARGES Both applicants are requesting an exemption for Cash Park Fees and City Water Access charges for the affordable units. These fees have not been waived for other development projects. This issue will be addressed at the City Council meeting. WATER STORAGE TANK ACCESS The City recently purchased property from MNDOT and is planning to construct a water storage tank southeast of the project across the regional trail. Vehicular and utility access is needed to the proposed storage facility. Staff has requested that construction and permanent access be provided through this development. The City has worked with the applicants to identify an access route and prepare easement language(see attached).The plans do not reflect the change.Prior to the Pt reading at the City Council, all of the plan sheets shall be revised to reflect this access to the water storage tank and the attached easement language shall be executed. CROSS PROGRAMMING Staff encourages cross programming between the three product types to provide for resident interaction and opportunities to build community. This is a way to promote a sense of community and create a more unified neighborhood. The applicants have suggested the following as cross programming and social interaction opportunities: all of the outdoor activity and recreational spaces can be used by all of the residents, there is a central feature and gathering space connected to each product type by sidewalks, the residents will have the opportunity to participate in National Night Out, block parties etc., and Common Bond could provide its Study Buddy program with potential volunteers from Applewood Pointe or the townhomes. Staff encourages the applicant to continue to explore these types of opportunities. Prior to City Council review, the applicants shall provide a Cross Programming Plan that provides multiple options for ongoing multigenerational interaction. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development(PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process,the applicant is seeking waivers to City Code requirements as outlined below. 1. Density The RM2.5 zoning district allows 17.4 dwelling units per acre. This project proposes a total of 164 units over on 7.16 acres for a total of 22.9 units per acre. 4 Staff Report—Smith Village October 5, 2018 Page 5 2. Gross Site Area City Code requires the total area of the site to be 2,500 square feet per unit. The project as proposed provides 1,902 square feet per unit. 3. Building Height The maximum building height in City Code is 45 feet.The Applewood Point building ranges from 2 stories to 5 stories and it is 66 feet 7 inches for the 5 story section. Trail Pointe Ridge is a 4-story building and it is 54 feet. The portion of the building closest to the Smith Douglas More House property is proposed to be two and three stories to reduce the visual impact and blend in with adjacent development. The 5 story or highest portion of the building is proposed along the northeast, east and southeast side of the building adjacent to the industrial use and the regional trail. 4. Building Setback along Glory Lane The minimum side yard setback by City Code is 25 feet. Trail Pointe Ridge is 17.6 feet to the property line. Glory Lane is a private street. Therefore, the setback to the building is considered a side setback. The requested waiver allows for the building to be located closer to the street and allow for access to the underground parking on the south end of the building. 5. Parking Setback along Eden Prairie Road City Code requires a 35 foot setback from the parking lot to the right-of-way line. The proposed parking lot for Trail Pointe Ridge has a 20 foot setback. 6. Parking Setback for the Townhomes City Code requires parking lots to be at least 10 feet from a side lot line. The parallel parking for the townhomes is 1 foot away from the lot line. The waiver allows visitor parking on the lot and provides for maneuvering room into the garages of the townhomes. 7. Lots Without Street Frontage City Code are requires lots to have frontage on a public street. As proposed on the preliminary plat, Applewood Pointe and the townhomes do not have frontage on a public street. Due to the location of the existing lots and the fact that Glory Lane is a private street, the applicants cannot create lots that all front on a public street. 8. Minimum Lots Depth City Code requires the townhome lots to be at least 100 feet deep. As proposed on the preliminary plat, the lots for the townhomes are 86 feet deep. This dimension is enough to accommodate the units and the applicant intends to plat it as a Common Interest Community plat in the future. 5 Staff Report—Smith Village October 5, 2018 Page 6 9. Group Usable Open Space The project is required to have 600 square feet of group usable open space per unit. The proposed site plan includes 390 square feet per unit. The proposed project includes indoor and outdoor spaces suitable for groups of people to recreate and socialize. The indoor spaces include areas such as community rooms, fitness center, library, great room, club room and lounge. The outdoor spaces include areas such as ball court,playground, sidewalks and walking paths, community garden, sitting areas,plaza area, and exercise areas. The project provides a variety of options for all of the residents. 10. Parking The City Code requires 2 parking spaces per unit. Applewood Point proposal provides 1.62 parking stalls per unit. There are 113 underground parking spaces and 49 surface parking spaces. The proposed number of parking stalls for Applewood Pointe is consistent with other similar senior facilities and multifamily projects. Senior facilities of this nature do not generally utilize the number of parking stalls required in traditional RM-2.5 district development. According to the applicant, Applewood Pointe, most of the residents in their other projects only have one car. In addition, the applicant has provided data regarding the parking ratios at other Applewood Pointe projects, which range anywhere from 1.51 vehicles per unit and 1.67 vehicles per unit. There will be bicycle parking on site for staff and visitors. In response to concerns about overflow parking during special events in any of the buildings, Smith Village has an agreement with Huber Funeral Home to use 45 parking spaces with 10 days notice. 11. Covered Parking At least one of the two required parking spaces per unit must be covered. Trail Pointe Ridge is required to have 58 covered stalls and the underground parking lot accommodates 49. The building footprint limited the number of underground parking stalls, but the applicant expanded their surface parking so they meet the code requirements for the total number of parking stalls on site. 12. Landscaping The revised plan meets the tree replacement requirements. In addition to tree replacement, each of the product types require landscaping for foundation plantings,parking lot screening, and improving the overall environment on the site. The applicant is requesting a waiver for the landscaping requirements. The plan requires 973 caliper inches and the plan includes approximately 504 caliper inches. The ordinance allows 25%of the required caliper inches to be substituted by planting beds and shrubs. On this plan,the applicant counted far more 6 Staff Report—Smith Village October 5, 2018 Page 7 plantings beds and shrubs than 25%of the required caliper inches.This is not consistent with City Code and it erroneously makes it appear that they exceed the requirements. The applicant shall revise the plan to provide calculations that meet the ordinance requirements. This will help staff determine the exact extent of the waiver request. This will help staff determine the exact extent of the waiver request. STAFF RECOMMENDATION Staff recommends approval contingent upon a few issues and changes being addressed prior to Council. This is based on plans stamp dated September 24, 2018 and the following conditions: 1. Approval of the project is conditioned upon the Metropolitan Council approval of a 2030 Comprehensive Plan amendment to reguide the property from Industrial and Church/Cemetery to Medium High Density Residential. 2. Prior to the 1st reading before the City council, the applicants shall: A. Revise the plans to reflect the access to the City's water storage tank as attached and execute the attached easement language. B. Provide a Cross Programming Plan that provides multiple options for ongoing multigenerational interaction. C. If CommonBond does not secure funding and Applewood Pointe is the only product being developed, all of the plans and the preliminary plan will have to be revised. D. Revise the width of the sidewalks adjacent to parking stalls to 7' wide to allow for overhang of cars while maintaining 5' of unobstructed access. E. Only 25% of the required caliper inches for landscaping can be substituted with planting beds or shrubs. The calculations shall be revised so that the planting beds and shrubs counted toward the required caliper inches are consistent with City Code. F. On two of the facades, the plan lists colored rock face concrete block as a Class I material. Concrete block is a Class II material. The plan shall be revised to use a material that meets the Class I requirement. G. Provide building material samples for Trail Point Ridge and Applewood Pointe. H. The building elevations for Trail Point Ridge should include a graphic showing how the building height is determined based on the following: i. Building height- the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof ii. Grade Plane:A reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished 7 Staff Report—Smith Village October 5, 2018 Page 8 ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. 3. Prior to release of the final plat, the applicant shall: A. Provide copies of legal documents, either in Homeowners Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for the retaining walls. • Insertion of Language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the retaining walls. 4. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. 5. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. C. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. 6. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated September 24, 2018. A. Density. City Code allows 17.4 units per acre. The plan proposes 22.9 units per acre. B. Gross Site Area: City Code 2,500 square feet per unit and the plan provides 1,902 square feet per unit. C. Building Height: The maximum building height in City Code is 45 feet. The Applewood Point building ranges from 2 stories to 5 stories and it is 66 feet 7 inches for the 5 story secton. Trail Pointe Ridge is a 4-story building and it is 54 feet. 8 Staff Report—Smith Village October 5, 2018 Page 9 D. Building Setback along Glory Lane: The minimum side yard setback by Code is 25 feet. Trail Pointe Ridge is 17.6 feet to the property line. E. Parking Setback along Eden Prairie Road: City Code requires a 35 foot setback from the parking lot to the right-of-way line. The proposed parking lot for Trail Pointe Ridge has a 20 foot setback. F. Parking Setback from Side Lot Line: City Code requires parking lots to be at least 10 feet from a side lot line. The parallel parking for the townhomes is 1 foot away from the lot line. G. Lots Without Street Frontage: All lots in the City are required to have frontage on a public street. As proposed on the preliminary plat, Applewood pointe and the townhomes do not have frontage on a public street. H. Minimum Lot Depth: City Code requires the townhome lots to be at least 100 feet deep. As proposed on the preliminary plat, the lots for the townhomes are 86 feet deep. I. Group Usable Open Space: The project is required to have 600 square feet of group usable open space per unit. The proposed site plan includes 390 square feet per unit. J. Parking: The City Code requires 2 parking spaces per unit. Applewood Point does not meet the standard. The proposal provides 1.62 parking stalls per unit. K. Covered Parking Stalls: At least one of the two required parking spaces per unit must be covered. Trail Pointe Ridge is required to have 58 covered stalls and the underground parking lot accommodates 49. L. Landscaping: Not including tree replacement, the project requires 973 caliper inches of landscaping. The project includes 504 caliper inches. 9 2030 Guide Plan Map: Smith Village Address: 16389 and 16397 Glory Lane Eden Prairie, Minnesota scp S / \ O \,p► i-\440, lir n 0 1 1 H SITE e III % z..H . q..,..., G • . - ���� , g OuR ED / ��' V) , ,0 ��� 1, ' 4,/ A aa ELE:il \1 7-0 1 3 C°' IM 1 1:1 I'& Miller Park City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams r//j Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center 4•e • { 1 + ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 b l Medium Density Residential/Office - Park/Open Space —Ma or Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05DATE Revised 06-01-07 E D E N - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-2323-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Office/Industrial Open Water :11 „o�t•D E +:+ 222 Office/Public/Open Space Right-Of-Way 300 150 M O ogamm�Memo.m_..„®�"""o."' 300 Feet - Industrial Q CityLimits Proposed Guide Plan Map:Smith Village Address: 16389 and 16397 Glory Lane Eden Prairie, MN 55344 111 s� ....V14 '9q, Ill P +7 oc 0) sq' 5GP a ,1 C/Zo �� o ,/ c, w`� SITE �� 1 t_____ % ni7 •0, I 1 —ocnN Z I 0 4/ .....// 0 )-- \1°' ' /0 ) CO �� ,' 1 EilEa Miller Park ,' A‘ City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams / / Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial Medium Density Residential 2.5-10 Units/Acre Town Center 4•e • { 1 + —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space _Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N Medium High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 MIfOl Collector DATE Revised 03-23-06 DATE Revised 03-01-08 - DATE Revised 06 P23-06 V P High Density Residential 40-75 Units/Acre Golf Course DATE Revised 03-01-09 Office Church/Cemetary PRAIRIE Office/Industrial Open Water :- „o�t•D E +:+ //2 Office/Public/Open Space Right-Of-Way 340 170 M Oogamm�Memo.m_..„®.�o..o.a., ,• ••.0®340^Feet - Industrial QCityLimits Zoning Map - Smith Village Address: 16389 and 16397 Glory Lane Eden Prairie, MN 55344 7 ... irr_____i_____;04 I ÷ \2� � / y� G 4„, SITE Ti, oz:j N0 .., rr % _,P1 JR G �oRY- �a ,, ,g' OwN , GLAIR / w 4 t�� ce Q—`�� co o e . „.....„ t� re � � w ,.... ..,:. II aiLr-41Pr — - ; v MILLE •.1/11! Miller Park ) 1,10—w .., City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0.05 0.1 Milesm°a._op..m..=m._..®..g..o.a.,a ..o...,.sa..m ,..,,mo, Proposed Zoning Map - Smith Village Address: 16389 and 16397 Glory Lane Eden Prairie, MN 55344 7 ... irr_____i_____;04 I ÷ ems. 4 ( \ e,mot 0 OuN , GLOR— ��� B LAIR � IIIe� ILL I CL C.) e . i ..,:. cc I I n 0-5-0Emr-14pr , w v MILLE / .J/41! Miller Park City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0.05 0.1 Milesm°a._op..m..=m._..®..g..o.a.,a ..o...,.sa..m ,..,,mo, Aerial Map: Smith Village Address:16389 and 16397 Glory Lane Eden Prairie, Minnesota ..,isiiiia- ,,: - pAr....,_ ,,i,..:.. 4,,,, • ,. v i -.9 - .. . ( • . II* ..-,t-.'' . i-'!'4' ' •., .. ,..,t-,. '...•.i x-.:_' ... - -:'.. - .. . ills, .,,liw. .;,ot A., Oil KEDRI k 0 .4 + `,. °r itivil... k* #A., . A*47_i'*i.j`.ElN a.L I .,,..-\..'L - ,,, 446.. :,/, „ T4.4-10 0.4s 414'."'*- . .I' .. ,l.t.„t A e•.•. '_.,.,7,.:..z-,i--..i-•.-r 4....L ra_tr t. J ; e .f -' �� ,14 Hlif rF 4 : p a ';r - 41.1 ' .. -• .- wce -. . .. . „ , : :rIF: " - SITE P. . t Au, . .,0,... w f� o GLORY LA w ft I . .fq .., tis 1: 1, ;, . , , . .: , . e„ i ., Itry 4.6. , , . . - -r-:-...,-.' _. , -,w 100.: . se ... . �i - . - �; : e ' . �-�, ilL4 . , '_ ;447 -1000 trrn ,- .' :..! ' - 4. ' ' t Miller Par 0 250 500 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 10, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Absent were commission members Pieper and Villareal. III. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Kirk to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Kirk moved, seconded by Higgins to approve the minutes dated August 27, 2018. MOTION CARRIED 7-0. V. PUBLIC MEETINGS SMITH VILLAGE Location: 16389 & 16397 Glory Lane Request for: • Guide Plan change from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres • Planned Unit Development Concept Review on 7.16 acres • Planned Unit Development District Review with waivers on 7.16 acres • Zoning District Change from Pub and I-Gen to RM-2.5 on 7.16 acres • Site Plan Review on 7.16 acres PLANNING COMMISSION MINUTES September 10, 2018 Page 2 • Preliminary Plat of two lots into five lots and one outlot on 7.16 acres Mark Nelson of United Properties displayed a PowerPoint and explained the application. The applicants are proposing to develop the 7.16-acre property into a multi-family residential project that provides workforce housing, for-sale townhomes, and senior cooperative units for a total of 164 units. This would include trails and shared amenities (storm water, parking, et cetera) including a common space. The senior cooperative would be a HUD-guaranteed cooperative, and 20% (10 homes)would be priced at 80 percent of area median income (AMI). The majority of the parking would be underground. The units would be mostly two-bedroom units, or one bedroom with a den. The applicants were partnering with Halley Land Corporation and Common Bond to construct the development. Of the workforce apartment housing, 52 of those would be priced at 80 percent or less AMI, and six (10 percent of the apartments)would be priced at market rate. These would be one-bedroom, two-bedroom, and three-bedroom apartments ranging from 750 to 1,250 square feet, with monthly rents from $700.00 to $1,325.00. A sport court and play area was integrated with the site and the trails. Klima presented the staff report. The property was currently guided public and industrial. The project did incorporate similar styles and materials to integrate with the surrounding community, and the applicant was currently seeking funding for part of the project; a staff recommendation was contingent upon revisions to the plans including access needed by the City to the proposed partially-underground water reservoir storage facility which will be constructed on 6.5 acres to the south. Alternatives were proposed but no final access points were agreed upon, and staff was recommending the applicant return with a revised access plan. The development included sustainability features and affordability, and staff wished to continue working with the applicants on this due to recent decisions made by the City Council. Also, the applicants needed to clarify their landscaping plan. Several PUD waivers were being requested regarding the number of units (density), setback, senior parking (1.62 parking stalls per unit instead of the usual two), lot frontage, and lot depth. Since additional information was necessary in order for staff to complete its review and provide a recommendation on the application, staff recommended the public hearing be continued to October 8, 2018 to allow the applicant to revise the proposal. Rue gave a brief presentation on the water reservoir storage tank. He stated the City purchased roughly six acres of land on the opposite side of the regional trail facility from the development for the ground water reservoir tank, which would hold five million gallons, either built all at once or in two phases; discussion on this was ongoing. Eden Prairie presently had two elevated towers whereas this would be a partially buried cylindrical tank. The City was requesting construction and operational access. Construction was slated to begin in 2019. DeSanctis asked if the water tank would be encased in brick as was the one on Mitchell Road. Rue replied the architecture was not yet determined, but the tank would have a "depot look"to reflect the structures historically at the site. DeSanctis asked if there PLANNING COMMISSION MINUTES September 10, 2018 Page 3 would be impact on the Red Rock Lake or its adjoining wetland. Rue replied it would not as this would be water coming from the water plant, and had nothing to do with ground water or storm water. Kirk asked for the location, and Rue displayed the applicant's slides and pointed out the location between the Regional Trail and Highway 212 near Central Middle School. Freiberg asked for dimensions of the water tank. Rue replied it was probably 100-200 foot diameter and 40 feet high, with 15 feet below ground and 25 feet above ground. The conceptual designs and layouts were still being created. DeSanctis asked the applicant if one electrical car charging station was sufficient. Nelson replied this was a starting point, after which expansion could be considered. Farr asked for a summary of the neighborhood meeting. Nelson replied one was held at City Hall and was well attended by residents across from Eden Prairie Road and from Lincoln Lane. Discussions focused on potential impacts to the Smith House and on the height of the development. Some residents were in favor of the development due to its focus on intergenerational diversity. Mette asked how the applicant determined the calculations for affordable housing, and Nelson replied the Minnesota Financing Agency in collaboration with HUD supplied those. Mette asked if the rules of the senior cooperative that limited the value increase to two percent was for 40 years or forever. Nelson explained for the benefit of the other commission members this was a limited equity cooperative, which limited the appreciation of the value of the homes to two percent per year. The idea was to maintain the home values relative to the market and allow senior members to sell if they must while earning some interest. Nelson was not sure if this rule applied in perpetuity. HUD and other entities would weigh in on this. Mette asked if there would be no way to enforce the sale of the affordable units to targeted residents who usually needed such housing in subsequent sales due to the HUD financing. Nelson replied that was true; HUD did not allow two classes of membership. This was a corporation in which residents were buying a share. Sale of affordable units to those needing affordable housing was encouraged, but could not be forced. However, this as well as the mandated limit of two percent appreciation in value also prevented flippers or speculators seeking a "windfall." Mette asked what the height of Applewood Pointe was measured from. Klima replied the City recently revised its definition of heights as from the grade plane to the highest point. Kirk asked if the financing and two percent limitations were typical of senior cooperatives in Eden Prairie and surrounding communities. Nelson replied he could not speak to that, but it was consistent with the United Properties brand. Farr asked for and received confirmation that there would be a developer agreement. Farr then asked if the affordable housing requirement would be enforced in perpetuity. Klima replied if the development agreement, which was a contract that existed between the developer and the City, included those stipulations there would be no sunset of them and those stipulations would remain in force consistent with the approved Development Agreement. DeSanctis stated there is a pedestrian crossing on the west side to Miller Park and signaled intersections in the northwest and southwest, and asked if a traffic study had been commissioned. He was concerned about a property attracting seniors that would PLANNING COMMISSION MINUTES September 10, 2018 Page 4 require them to walk across Eden Prairie Road. Nelson replied the study was funded by the applicants but commissioned through staff. There were two lights, plus seniors tended to avoid peak traffic times. Farr noted the aerial rendering included a striped pedestrian crossing at the entrance to Miller Park. Nelson replied that crosswalk coincided with both Miller Park and the Regional Trail. Farr invited the public to speak. Donald Hanson of 7936 Timber Lake Drive asked for and received confirmation the commission received his handout in its packets. He objected to the development due to its proximity to Eden Prairie Road. This development would impact three local treasures: Miller Park, the nature trail, and the Smith Douglas More House. There was no existing building of comparable height in the area, and therefore this development was not consistent with the rest of the community along the length of Eden Prairie Road. The entrance to this development would be between the Smith Douglas More House and the nature trail; this and the development's design created visual clutter. Hanson's idea of nature did not include small intermittent squares of green and non-earth-tone colored tiles showing above the trees as shown by the rendering. A successfully contrast to this development was Elim Shores which was hidden in nature and utilized earth tones. Joan Howe-Pullis of 8101 Curtis Lane spoke in support the development as an intergenerational, diverse, and affordable development as a result of collaboration between multiple developers. She pointed out 68 percent of Eden Prairie residents spent over 30 percent of net income on housing. Higgins asked how children needing school buses would be served in this development. Diana Dyste,project manager of Common Bond Communities, replied this had been anticipated, and one alternative was utilizing Glory Lane as a turnaround or utilizing Eden Prairie Road. The applicants would continue to look at this issue. Jesse Menton, regional manager for Common Bond Communities added it was not uncommon in their other developments to have buses enter the common area, which was the preferred option here since Eden Prairie Road was a high traffic route. Freiberg stated there had been an outstanding cooperation between the three developers and encouraged more"thinking beyond the box" alternatives to solve the housing problems in Eden Prairie which had so little land for development. Kirk agreed lifestyle and affordable housing remained a significant issue in Eden Prairie and would continue to be; however, longtime residents, who preferred Eden Prairie as it was, had to accept growth and change in the community. To balance these two needs was the difficulty, and density and height were part of this balance. This development represented for Kirk a reasonable compromise. Farr also applauded the applicant for the effort. Mette agreed the landscaping was more important here than at other sites, and wanted to see further work on this. She had seen the two other Applewood developments and was impressed. She stated she felt confident in the developer and the concept; however, she would like to see a rendering from the trail to confirm how visible the development would be. The parking waiver requested seemed in line with other Eden Prairie PLANNING COMMISSION MINUTES September 10, 2018 Page 5 developments, especially since these were two- and more bedrooms. DeSanctis agreed aggressive landscaping was needed, not only for visual impacts but also for acoustical buffers for residents west, east, and southeast of Highway 212. Hanson responded to Kirk's comments, stating he had suggested at the neighborhood meeting the four-story apartment building be turned on its side, and place the townhomes on the street. This was in his handout as well. Farr replied the commission and the applicant received his handout and would consider such a suggestion as well. Jason Potvin of 8181 Curtis Lane asked where the other projects were so residents could view them. Mette replied it was near the bridge on Highway 169. Nelson replied there were developments in Champlin, Minnetonka, Bloomington,New Brighton, Woodbury, and Shoreview. Farr asked him to email a list of addresses to City staff so that participants at this meeting and anyone listening either to the live stream or the video playback of this meeting could contact City staff for these addresses. MOTION: Kirk moved, seconded by DeSanctis, to recommend a continuance of the Smith Village project,based on staff recommendations and information contained in the staff report, dated September 6, 2018 and plans stamp dated August 29, 2018 to the October 8, 2018 Planning Commission meeting. MOTION CARRIED 7-0. VI. PUBLIC HEARINGS VII. PLANNERS' REPORT VIII. MEMBERS' REPORTS IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Higgins, to adjourn the meeting. MOTION CARRIED 7-0. Chair Farr adjourned the meeting at 8:15 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 8, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Absent was commission members Mette and Higgins. III. APPROVAL OF AGENDA MOTION: Freiberg moved seconded by DeSanctis to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Kirk moved seconded by Farr to approve the minutes of September 24, 2018. MOTION CARRIED 7-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS SMITH VILLAGE Location: 16389 & 16397 Glory Lane Request for: PLANNING COMMISSION MINUTES October 8, 2018 Page 2 • Guide Plan change from Industrial and Church/Cemetery to Medium High Density • Residential on 7.16 acres • Planned Unit Development Concept Review on 7.16 acres • Planned Unit Development District Review with waivers on 7.16 acres • Zoning District Change from Pub and I-Gen to RM-2.5 on 7.16 acres • Site Plan Review on 7.16 acres • Preliminary Plat of two lots into five lots and one outlot on 7.16 acres Mark Nelson, of United Properties representing the development team, presented a PowerPoint and explained the application. The 7.16-acre property located east of Eden Prairie Road, north of Highway 212 and just north of the Minnesota River Bluff LRT Regional Trail, would be developed into a multi-family unified residential project with three product types. Common Bond proposed Trail Point Ridge along Eden Prairie Road and included workforce housing in a four-story building with 58 units, ranging from one- to three-bedroom units, and ninety percent having rents attainable for middle-income workers. Both surface and underground parking was proposed. United Properties Development, LLC proposed a 100-unit three-, four-, and five-story building on the east side of the property. The building included for-sale homes for active and independent seniors at least 62 years of age. Homes would be sold as a membership share of stock into the cooperative. Both underground and surface parking were proposed. All of the homes would be two-bedroom units and most included a den and/or sunroom. This proposed building will include a number of amenities for the residents such as a craft room, fitness center, great room, et cetera. For the Smith Village Townhomes, the Halley Land Corp. proposed two three-unit townhome buildings along the regional trail. Each of the six for- sale townhomes would be custom homes approximately 3,500 square feet with two- or three-car garages. Additional information and revisions to the original application have been provided relating to the school bus drop-off and pick-up plan, landscaping, building placement on site, and better integration of the site with the neighborhood. Nelson displayed the view from the trail to show the limited visual trail impact. The owners of the Smith House Coffee Shop raised new concerns in an email dated October 1, 2018. Those concerns include the landscaping between the cooperative and the parking area; the trail connection being adjacent to the site possibly causing the business to lose a parking stall; the name "Smith Village"which would be the marketing name for only that part of the development but could be changed; and the parking plan. Nelson displayed a view from the Smith House and stated he would continue to work with staff on all of these concerns. Additional concerns included would the development stand the test of time and be sustainable; increased traffic along Eden Prairie Road, which was studied by a consultant hired by the City. PLANNING COMMISSION MINUTES October 8, 2018 Page 3 Farr asked if the applicant was prepared to accept the six staff conditions itemized in the staff report, and Nelson replied he would. Klima presented the staff report. The applicant had continued to work with staff since the September 10, 2018 presentation. The changes included providing access to the City's future ground water storage tank area to the south of the site, landscaping revisions, et cetera. A waiver is requested for the site landscaping. City code allowed developer to count 25 percent of the planting beds toward the overall caliper inches. The proposed landscaping was acceptable to staff and staff recommended approval of the waiver as requested and with the final calculations. The building height waiver also required final measurements. A small change in materials needed to be made to the facade to bring it compliant with City code class materials. Letters from residents had been included in the staff report, some stating concerns and providing additional comments, and three letters of support were also provided. A PUD approval was usually requested when a mix of uses was being provided and flexibility within the City code was needed, and this was not atypical. Inclusionary housing recommendations were still being revised at the September 10 meeting. Staff reviewed the original requests against the Code and recommended Applewood include three units at 60 percent AMI, four units at 80 percent AMI, and three at 100 percent AMI. Common Bond would seek TIF through a separate process. Staff would continue to work with the developer on this. Changes that staff proposed to the conditions of approval were: a revision of the plans to reflect the access by the water storage tank and the attached easement language when the development agreement is signed; the building setback along Glory Lane would be 16.7 feet; and fulfillment of specifics of building height and landscaping caliper inches. When these are finalized, staff would amend the waiver language. Staff recommended approval subject to the conditions in the staff report. Pieper asked if fees would be part of the discussion tonight. Klima replied staff did not recommend approval the waiver of the park dedication or the Sac and Wac fees, which in the case of Common Bond, maybe more appropriately addressed under the TIF discussion. Farr asked how much weight the issue of the water storage tank access should be given. Klima replied as of the September 10 meeting the City had not received the information regarding access. The applicant continued to work with the Public Works Director, though the plans had not yet been revised to reflect this. A separate sketch was provided in the packets, and the applicant and the Public Works Director were in agreement as to the location and the language. Farr replied the blue line in the color sketch did not seem to indicate the entire access. Rue replied the easement would extend down south of where PLANNING COMMISSION MINUTES October 8, 2018 Page 4 it appeared to end on the sketch, into the regional rail property. Farr observed a straight line here whereas the plans indicated a more circuitous route, and urged a three- dimensional solution to the access. Rue replied this was a 10 percent grade, sufficient for access. Should the applicant desire an ADA-accessible trail, it would have to utilize switchbacks. Three Rivers and the Hennepin Rail Authority were also involved in the discussion. Kirk asked for and received confirmation the staff and developer have an informal agreement which needed to be finalized on paper and in the plans. John Pullis of 8101 Curtis Lane (Lake Park Townhomes) spoke in support, stating the multi-generational, multi-income project was consistent with his and his wife's values, she being a member of the Human Rights and Diversity Commission. David Saltzman of 17635 Wiedman Way, and employee of Southwest Transit and member of the Eden Prairie Housing Coalition, spoke in support, stating it made excellent use of existing property and blended different types of housing. The affordable workforce housing offered in Common Bond was especially desirable, since "limited income" did not necessarily mean"poor"but stable and needed professions such as teachers and fire fighters, et cetera. The Eden Prairie Housing Coalition was in support of the mixed-use concept. Donald Hanson of 7936 Timberlake Drive gave a PowerPoint presentation and spoke in support of the project but with the same major concerns he raised at the September 10 meeting. He proposed to reduce the building height to three stories, removed the townhome portion of the project, modify the mixed-use section from three elements to two; and to model the project, especially the color scheme, after the Sterling Ponds senior apartments. He invoked the "100 Year Rule,"the legacy of any project a century from now, to prevent the unintended consequences of granted variances. He stressed lack of sufficient setback, such as at Eden Gardens, preventing the widening of Eden Prairie Road in the future, and proposed complementary colors to the sky to camouflage the project's impact on the prairie (original landscape of Eden Prairie). Cari Larsen of 17971 Junegrass Lane spoke in support of the project, stating the mixed- use development was important for maintaining the availability of affordable housing. Abdi Fatah Yusuf, a ten-year resident of Eden Prairie, spoke in favor of the Common Bond project, stating affordable housing was difficult for residents to find. Mike Bedglund of 10984 Jackson Drive and a thirty-year resident of Eden Prairie and a real estate broker, spoke in support, stating change was the only constant and this was a well-thought-out project that addressed specific needs, including affordable housing. PLANNING COMMISSION MINUTES October 8, 2018 Page 5 MOTION: Weber moved, seconded by Kirk to close the public hearing. MOTION CARRIED 8-0. Pieper asked Nelson if he was prepared to address the residents' concerns, specifically the use of Sterling Ponds as a model, the color scheme, and the reduction of a four-story to a three-story. Nelson noted the four-story Trail Pointe Ridge apartment building had gone through a multi-layered funding process that would be in jeopardy were it reduced; also, the underground parking, more expensive than surface parking, maximized the green space and storm water, making the marketing of a four-story development crucial. The townhomes were also a driver of the development funding and could not be removed from the plan. Nelson stated the existing color scheme utilized earth tones and attractive materials. Villarreal noted a condition required funding for the Trail Pointe Ridge and asked how this would be done. Diana Dyste, project manager of Common Bond Communities, low- income housing tax credit for a primary source of funding. Common Bond submitted an application in June and expected grant award announcements in October or November. Common Bond was also able to secure Hennepin County funding, and 70 percent of the funding source was through equities secured from the tax credit. Freiberg praised this unique collaboration among three developers and stated subjecting the "100 Year Rule"to this project was not realistic, as one trying to imagine the future a century ago would not be likely to imagine today's reality, and it was difficult to project even ten years in the future. Rather, Eden Prairie had needs to be addressed today, and this project addressed those for this site. Weber agreed, saying the project more than fit the site and its advantages far outweighed its disadvantages. He saw no comparison to the Sterling Heights development. DeSanctis also expressed support but stated he wanted to see an aggressive landscaping plan. It fell under the 975 caliper inch requirement, and there should be a concerted effort to increase the number of trees due to the proximity of Highway 212 and the changes in our climate. Farr also expressed support. The coffee shop owners' concern with the height could be mitigated by a three-dimensional shadow study; the three clustered facades would have a blended, not an individual, architectural style; and at the September 10 meeting Farr had suggested the applicant screen the development with trees and shrubs to accommodate the waiver for the 35 foot setback to 20 feet, and he wished to see more consistency on this. Kirk also expressed support for the project saying the compromises were good ones and in the right direction for Eden Prairie. PLANNING COMMISSION MINUTES October 8, 2018 Page 6 MOTION: Kirk moved, seconded by Weber to recommend approval of Smith Village project based on information contained in the October 5 staff report and the plans stamp dated September 24, 2018 with the following conditions: staff recommendation 2a: easement language would be understood to be at the time of development agreement; staff recommendation 2d: the building setback along Glory Lane would be 16.7 feet; and there could be details in the waivers prior to City Council meeting. MOTION CARRIED 7-0. VIII. PLANNERS' REPORT IX. MEMBERS' REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Kirk to adjourn. MOTION CARRIED 7-0. Chair Pieper adjourned the meeting at 10:09 p.m. From: Andrew Marlow<ajmarlow@comcast.net> Sent:Thursday, October 25, 2018 4:58 PM To: GRP-AllCouncil <GRP-AllCouncil@edenprairie.org> Subject:Smith Village Development comments Mayor and Council Members: I am writing to share some concerns about the proposed Smith Village development adjacent to the historic Smith Douglas More House on Eden Prairie Road.For the past five years,the Minnesota Hosta Society has partnered with the City of Eden Prairie and the proprietors of what is now Smith Coffee and Cafe to build and maintain a hosta display garden on the northeast quadrant of the property.Our society has invested considerable time,effort and money in creating this garden,which was recently designated by the American Hosta Society as an official National Display Garden. We wish to continue improving this garden and making it available to the public.We fear some aspects of this development could have a negative impact of our work and plans. Here are our concerns: We would like to make certain that there is a clear demarcation between the development and the display garden.We're concerned that our garden would be treated as an adjunct to the development and adopted by the residents for their own use.The garden could be overrun and monopolized by the residents,negating its purpose as a"public"garden.We would like to see a vegetative barrier between the development and the garden,but would also be willing to have a fence as the demarcation. We would like to make sure that at least some of the more mature trees on the east end of the garden remain.Hostas are shade loving plants and would suffer greatly if all the trees were removed,as often happens in construction projects of this type. Finally,we share the concerns of Smith Coffee and Cafe about the potential waiver of parking space requirements for the development.There is already considerable pressure on the Smith parking lot during parts of the day.We fear that allowing the development to proceed with fewer parking spaces than current code requires will only increase that pressure. Further,the Minnesota Hosta Society currently conducts our annual hosta sale on the property.We have been very diligent about not overloading the Smith parking area and have encouraged our volunteers and customers to park in the Resurrection Life Church parking lot(with the Church's permission).That lot,however,is going away as the development proceeds,again potentially impacting the Smith lot and its customers,and the customers for our sale. We do not oppose this development,but would like you to take these issues into account as you continue consideration of this project.We wish to have Smith Village as a"good"neighbor. Thank you, Andrew Marlow President, MN Hosta Society aimarlow(cr�comcast.net CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Notermann Residential IX.C. Janet Jeremiah/Beth Novak-Krebs Development Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Rural to Low Density Residential on 8.34 acres, a MUSA Boundary extension on 8.34 acres and amend the Comprehensive Plan text ; and • Adopt the Resolution for Rezoning Request Synopsis The applicant is requesting a 2030 Comprehensive Plan amendment from Rural to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1-13.5. The 9.54- acre property is located north of the Lion's Tap Restaurant in the northwest corner of the intersection of Flying Cloud Drive and Spring Road. The property is undeveloped and includes potential bluff areas, wooded areas, prairie remnants, and steep slopes. A 1.2 acre portion of the property is currently guided Low Density Residential and within the MUSA. The request is to reguide and extend the MUSA for the remaining 8.34 acres and rezone the entire 9.54 acres. Background Guide Plan Change With the reconstruction of Flying Cloud Drive and Spring Road, municipal sanitary sewer and water will become available for connection by the Lion's Tap Restaurant. As a result, municipal sanitary sewer and water will be proximate to the subject property as well and is sized to accommodate additional development. The City's goal for this corridor is to preserve and protect natural resources and maintain the natural character along the Minnesota River. The Low Density Residential guiding allows up to 2.5 dwelling units per acre. One of the goals in the Comprehensive Plan is to maintain a balance between conservation/management of natural resources and the need for residential housing. This can be accomplished through existing regulations at the time of development, such as tree preservation and replacement, shoreland regulations and steep slope regulations. The applicant did not submit a development plan or timeline for development of the property with this application. It has been the City's practice to review rezoning requests simultaneously with a development plan. When development plans are prepared for this property, all submittal requirements of the City Code will need to be addressed. These include but are not limited to environmental review, steep slopes, bluffs, tree removal and replacement, cultural/archeological studies and floodplain information. Comprehensive Plan Text Amendment In an effort to formalize the City's practice, the following language is proposed to be added to the 2030 Comprehensive Plan. The language underlined is proposed for addition. MUSA LINE There are 2,333 acres of land outside of the MUSA line. The land is guided low density, water and parks/open space. There are 243.13 acres guided rural residential, 509 acres guided water and 1,711.85 acres guided parks/open space. The low density guide area is zoned rural with a 10 acre minimum lot size. No expansion of the MUSA Line is proposed. Any requests to expand the MUSA require review through a public process to amend the Comprehensive Plan. LAND USE CATEGORIES Low Density Residential: this category allows a gross residential density of between 1 and 2.5 dwelling units per acre. Typical development includes single family detached dwellings. Corresponding zoning districts include Rural, R1-44, R1-22, and R1-13.5 districts. Attached housing may occur in land guided low density provided it meets these density requirements and transitions appropriately to adjacent developments. If a rezoning request is submitted without a proposed development plan, the City may retain the Rural zoning of a property until such time as a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan. Zoning The application includes a request to rezone the property from Rural to R1-13.5. Without a development plan for the property, there is insufficient information to determine the appropriate zoning for the property. A development plan that includes information such as topography, soils reports, archeological studies, tree inventory, and bluff/steep slope analysis will help inform the level of development that the site can support. It has been the City's practice to simultaneously review a development plan when considering a rezoning request. This process allows for a comprehensive review by both public officials and private property owners. Staff recommends retaining the Rural zoning of the property until such time as a complete development plan and associated information is provided for review. Without these details, establishing an ultimate zoning of the property is premature as it is unclear what level of development is appropriate and can be sustained by site conditions. Planning Commission Recommendation At its October 22, 2018 meeting, the Planning Commission voted 6-0 to recommend Approval of the following requests: • Guide Plan Change from Rural to Low Density Residential on 8.34 acres • MUSA Boundary extension on 8.34 acres • Comprehensive Plan Text Changes as noted in the staff report dated October 18, 2018 Denial of the following request: • Zoning District Change from Rural to R1-13.5 on 9.54 acres The 120-Day Review Period Expires on December 18, 2018. Attachments 1. Resolution for Comprehensive Plan Map and Text Amendment and Extension of MUSA boundary 2. Resolution for Zoning Denial 3. Staff Report 4. Guide Plan Map—Current 5. Guide Plan Map—Requested 6. Guide Plan Map -Recommended 7. Zoning Map—Current 8. Zoning Map—Requested 9. Zoning Map -Recommended 10. Aerial photo 11. Location Map 12. Unapproved Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION AMENDING THE 2030 COMPREHENSIVE MUNICIPAL PLAN FROM RURAL TO LOW DENSITY RESIDENTIAL ON 8.34 ACRES, EXPANDING THE MUSA BOUNDARY TO INCLUDE 8.34 ACRES AND REVISING THE 2030 COMPREHENSIVE PLAN TEXT WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Metropolitan Council authorized the City of Eden Prairie to put its 2030 Comprehensive Plan into effect on October 14, 2009; and WHEREAS,the City Council put the 2030 Comprehensive Plan into effect on October 20, 2009; and WHEREAS,the proposal by Bert and Bonnie Notermann is for a Comprehensive Guide Plan Change from Rural to Low Density Residential on 8.34 acres, as legally described on Exhibit A and the extension of the MUSA boundary to include the property described in Exhibit A; and WHEREAS,the 2030 Comprehensive Plan Amendment includes proposed language to amend the text to require any request to expand the MUSA Line to be reviewed through a public process to amend the Comprehensive Plan and to allow the City to retain Rural zoning until such time that a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the reguiding of property to Low Density Residential, extension of MUSA boundary and text amendments of the 2030 Comprehensive Plan based the staff report dated October 18, 2018 the City Council memo dated November 13, 2018 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT REGUIDING FROM RURAL TO LOW DENSITY RESIDENTIAL AND AN EXTENSION OF THE MUSA BOUNDARY Legal Description: Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. AND TOGETHER WITH That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet; thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1; thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. AND TOGETHER WITH That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to the recorded plat thereof, Hennepin County, Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet; thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said plat SPRING HEIGHTS; thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described; thence North 80 degrees 56 minutes 54 seconds West, 33.69 feet to said easterly line of Lot 2; thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described; thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East; thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. AND EXCEPTING THEREFROM That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East, 49.00 feet; thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet; thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet; thence South 63 degrees 59 minutes 21 seconds West, 21.54 feet; thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet; thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet; thence North 89 degrees 00 minutes 39 seconds West, 41.17 feet to the point of beginning. AND EXCEPTING THEREFROM That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet; thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West, along said easterly line of Lot 2, a distance of 60.68 feet to the point of beginning. AND EXCEPTING THEREFROM That part of said Lot 2, Block 1, lying northerly of the following described line: Beginning at the southeast corner of Tract C, REGISTERED LAND SURVEY NO. 655, according to the recorded plat thereof, said Hennepin County; thence easterly along the easterly extension of the south line of said Tract C, to the easterly line of said Lot 2, Block 1 and said line there terminating. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION DENYING THE REQUEST TO REZONE PROPERTY FROM THE RURAL ZONING DISTRICT TO THE R1-13.5 ZONING DISTRICT WHEREAS,Bert A. and Bonnie Notermann, Applicants, have requested that Property legally described on Exhibit A be rezoned from Rural to R1-13.5; and WHEREAS, the Applicants have also requested that the Comprehensive Plan be amended to guide the entire Property as Low Density Residential and extend the MUSA boundary to include the Property; and WHEREAS, the Planning Commission conducted a public hearing on said requests on October 22, 2018 and recommended approval to the City Council of the Comprehensive Plan amendment and extension of the MUSA boundary to include the Property; and WHEREAS, the City Council conducted a public hearing on said requests on November 13, 2018 and approved the Comprehensive Plan amendment and extension of the MUSA boundary subject to approval by the Metropolitan Council; and WHEREAS, the Applicants have not submitted a development proposal and sufficient information to determine the appropriate zoning for the Property; WHEREAS,the Comprehensive Plan Amendment includes proposed language to amend the text to state that if a rezoning request is submitted without a proposed development plan that the City may retain the Rural zoning of a property until such time as a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan; and WHEREAS, the Planning Commission recommended denial of the request to rezone the Property to R1-13.5; and WHEREAS, the Applicants concurred in writing and verbally at the Planning Commission and City Council meetings with the recommendations of denial of the rezoning request and approval of the Comprehensive Plan amendments and extension of the MUSA boundary; and NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: 1. The recitals set forth above are hereby incorporated as the Findings of the Council. 2. The City Council hereby denies the request to rezone the Property from Rural to R1-13.5 ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A LEGAL DESCRIPTION—NOTERMANN RESIDENTIAL DEVELOPMENT REZONING REQUEST Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. AND TOGETHER WITH That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet; thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1; thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. AND TOGETHER WITH That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to the recorded plat thereof, Hennepin County, Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet; thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said plat SPRING HEIGHTS; thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described; thence North 80 degrees 56 minutes 54 seconds West, 33.69 feet to said easterly line of Lot 2; thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described; thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East; thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. AND EXCEPTING THEREFROM That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East, 49.00 feet; thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet; thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet; thence South 63 degrees 59 minutes 21 seconds West, 21.54 feet; thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet; thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet; thence North 89 degrees 00 minutes 39 seconds West, 41.17 feet to the point of beginning. AND EXCEPTING THEREFROM That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet; thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West, along said easterly line of Lot 2, a distance of 60.68 feet to the point of beginning. STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: October 18, 2018 SUBJECT: Notermann Residential Development LOCATION: Northwest Corner of Flying Cloud Drive and Spring Road APPLICANT: Stantec Consulting Services OWNERS: Bert and Bonnie Notermann REQUEST: • Guide Plan Change from Rural to Low Density Residential on 8.34 acres • Zoning District Change from Rural to R1-13.5 on 9.54 acres • MUSA Boundary extension on 8.34 acres BACKGROUND The applicant is requesting a 2030 .., Comprehensive Plan amendment, 0 rezoning and a MUSA extension for ` 4 -ti' 5_._ "`' a 9.54-acre property north of the '; - 41 • ` \ Lion's Tap Restaurant. The parcel is , .� located in the northwest corner of -4. ` i. I. the intersection of Flying Cloud - rt: ' : I 1 `• \ ' Drive and Spring Road. - ` ``._... - , The property is undeveloped and s ti :- ' _` includes potential bluff areas, � ' .. trer wooded areas,prairie remnants, and 1' • .�, A ' steep slopes. There are three single- : 7... '-*x',y : `;. * wt.N., . . family homes and open space to the ' t •„ �'ik.yi.,,,, north,undeveloped land to the west, _ . --` `# 4,, `2* Lion's Tap Restaurant to the south •- �Lion's i*i c ; .7 and a farm to the east. _ r- FLYiu �.� Staff Report—Notermann Residential Development October 18, 2018 With the realignment of Spring Road, Mr.Notermann acquired additional land on the west side of the realigned Spring Road. Mr. Notermann has recently gone through the approval process for a reguiding,rezoning and PUD to incorporate this property to the Lion's Tap parcel and redesign and expand the existing parking lot. The project included minor adjustments for the guiding and rezoning between the Lion's Tap property and the property that is the subject of this application. The Lion's Tap application also included a plat to create a new an outlot for the subject property. Attached to this memo are copies of the narratives for these applications and a letter from Jack Perry of Briggs and Morgan,as attorney representing the property owner. Attached to Mr.Perry's original letter were supplemental documents referred to in the letter. These supplemental documents are lengthy and have not been included with the Planning Commission agenda materials. This information is available at City Center for viewing. DEVELOPMENT PLAN The applicant did not submit a development plan or timeline for development of the property with this application. It has been the City's practice to review rezoning requests simultaneously with a development plan. When development plans are prepared for this property, all submittal requirements of the City Code will need to be addressed. These include but are not limited to environmental review, steep slopes, bluffs, tree removal and replacement, cultural/archeological resources and floodplain information. Due to the proximity to the Minnesota River and the potential presence of archeological resources on the property,the City will require archeological studies of the property prior to the preparation of a development plan. The preservation and protection of such resources is a goal for and promoted by the City. 2030 COMPREHENSIVE PLAN AMENDMENT AND MUSA BOUNDARY Approximately 1.2 acres of the property is currently guided Low-Density Residential with the reminder guided Rural. The applicant is requesting a 2030 Comprehensive Plan amendment to reguide the Rural portion of the property to Low-Density Residential. The 1.2 acre portion of the property in the northeast corner currently guided Low Density Residential is located within the MUSA boundary; however, the remainder of the property is not within the MUSA.The applicant is requesting to extend the MUSA boundary to include the entire lot.With the reconstruction of Flying Cloud Drive and Spring Road, municipal sanitary sewer and water will become available for connection by the Lion's Tap Restaurant.As a result,municipal sanitary sewer and water will be proximate to the subject property as well and is sized to accommodate additional development. 2 Staff Report—Notermann Residential Development October 18, 2018 Requested 2030 Guide Plan Amendment and Existing 2030 Guide Plan and MUSA Boundary MUSA Boundar V � , 4 \ \ ,. , W u, .a � a - a a z � w W D O0. „,„„,,,„„,„„„„„,„„„,,,._, , ,„,,,„„„,„,:„,,,,„„,,,„„,„„„„„,„,,„,„„co r „,„„,,,„„,„„„„„,„„„,„,„ , , .. :::„„:„„„„:„„„„:„..:::::.., „„„,„„„„,„„„„,„„„„„:0 .,„„,„„„„,„„„„,„„:::::: ::::::::::::::::::::::::„„:„„„„:„„„„:„„„,„, SfTE I SITE FLYING CLp DRIVF FLYING CLOUD DRIVE 11.11111111111111 City of Ed-n Prairie Land Use Guide City of Eden Prairie Land Use Guide Plan Map 9000-2030 Plan Map 12000-2030 The City's goal for this corridor is to preserve and protect natural resources and maintain the natural character along the Minnesota River.The Low Density Residential guiding allows up to 2.5 dwelling units per acre. One of the goals in the Comprehensive Plan is to maintain a balance between conservation/management of natural resources and the need for residential housing. This can be accomplished through existing regulations at the time of development,such as tree preservation and replacement,shoreland regulations and steep slope regulations.Due to the location of utility services and the existing regulations to protect natural resources,staff is recommending approval of the 2030 Comprehensive Plan amendment to Low Density Residential and the extension of MUSA boundary. 3 Staff Report—Notermann Residential Development October 18, 2018 Recommended Guide Plan Amendment and MUSA : 1 1 1 . n1\ O ct II g z p, O� w O d 02 N F/2I. . HHHH • - FLYNG CL DuD DRNE City of Ed n Prairie Land Use Guide Plan Map R000-2030 ZONING The property is currently zoned Rural.The applicant is requesting to rezone the property to R1-13.5. The R 1-13.5 zoning district allows the development of single family homes with sanitary sewer and water service with a maximum density of 2.5 dwelling units per acre. Existing Zoning and MUSA Boundary Requested Zoning and MUSA Boundary 3 \ V ' I \\\ (\ E 1 W w 0 0 z z S#TE y¢� ELYIM FLYING CLbUb �\ G CLDUD DRIVE [)RIVE - 4 �_ City of E en Prairie Zoning Map City of E en Prairie Zoning Map Staff Report—Notermann Residential Development October 18, 2018 Without a development plan for the property, there is insufficient information to determine the appropriate zoning for the property. A development plan that includes information such as topography, soils reports, archeological studies, tree inventory, and bluff/steep slope analysis will help inform the level of development that the site can support. It has been the City's practice to simultaneously review a development plan when considering a rezoning request.This process allows for a comprehensive review by both public officials and private property owners. Staff recommends retaining the Rural zoning of the property until such time as a complete development plan and associated information is provided for review. Without these details, establishing an ultimate zoning of the property is premature as it is unclear what level of development is appropriate and can be sustained by site conditions. Recommended Zoning (Retain Current Rural Zoning) \ � p :: SITE Q� iiii FZyfNG C�OUD::::: DRlVE City of Eden Prairie Zoning Map Staff also recommends adding the following language to the 2030 Comprehensive Plan to formalize the City's practice. The language underlines is proposed for addition. MUSA LINE There are 2,333 acres of land outside of the MUSA line.. The land is guided low density, water and parks/open space. There are 243.13 acres guided rural residential, 509 acres guided water and 1,711.85 acres guided parks/open space. The low density guide area is zoned rural with a 10 5 Staff Report—Notermann Residential Development October 18, 2018 acre minimum lot size. No expansion of the MUSA Line is proposed. Any requests to expand the MUSA require review through a public process to amend the Comprehensive Plan. LAND USE CATEGORIES Low Density Residential: this category allows a gross residential density of between 1 and 2.5 dwelling units per acre. Typical development includes single family detached dwellings. Corresponding zoning districts include Rural, R1-44, R1-22, and R1-13.5 districts. Attached housing may occur in land guided low density provided it meets these density requirements and transitions appropriately to adjacent developments. If a rezoning request is submitted without a proposed development plan,the City may retain the Rural zoning of a property until such time as a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan. STAFF RECOMMENDATION Recommend approval of the following requests: • Guide Plan Change from Rural to Low Density Residential on 8.34 acres • MUSA Boundary extension on 8.34 acres • Comprehensive Plan Text Changes as noted in the staff report dated October 18, 2018 Recommends denial of the following request: • Zoning District Change from Rural to R 1-13.5 on 9.54 acres 6 Current (2030) Guide Plan Map:Notermann Residential Development Address: Northwest Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 a 0 \ \A ' CC w Q CC a z w 0 w O LI- O_, O 2 CC- elliiiii, -"1""' i411:14 Uil SITE FLYING CLDup p 11111111 RIVE City of Eden Prairie Land Use Guide Plan Map 2000-2030 MUSA Boundary 1 Site Area N Rural Residential 0.10 Units/Acre Neighborhood Commercial Low Density Residential 0-2.5 Units/Acre - Community Commercial Low Density/Public/Open Space - Regional Commercial la 77 DATE Approvedise01-07-05 DATE Revised 103-01-07 E D E N 1 Medium Density residential 2.5-10 Units/Acre �Town Center DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 n Medium Density Residential/Office - Park/Open Space DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 - High Density Residential 10-40 Units/Acre Q Public/Quasi-Public DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE -Airport Golf Course LIVE•WOBIC•OHEA•'. Office - Church/Cemetary »e._Z.....0Eo.m....,,®.L.a.,E ..,..1aF,A,,,o® %/ Office/Industrial Open Water K/ Office/Public/Open Space Right-Of-Way 290 145 0 290 Feet - Industrial CICityLimits Requested Guide Plan Map and MUSA Boundary: Notermann Residential Development Address: Northwest Corner of Spring Road and Flying Cloud Drive Eden Pr. irie, MN 55344 -\ w • w ��- o1 U) SITE FLYING CLOUD D RIVE City of Eden Prairie Land Use Guide Plan Map 2000-2030 MUSA Boundary Site Area N Rural Residential 0.10 Units/Acre Neighborhood Commercial Low Density Residential 0-2.5 Units/Acre nip Community Commercial 17.7 Low Density/Public/Open Space Regional Commercial DATE Approved 03-19-03 DATE Revised 12-06-06 Medium Densityresidential 2.5-10 Units/Acre ®Town Center DATE Revised 11-07-05 DATE Revised 03-01-07 E D E N DATE Revised 11-07-06 DATE Revised 06-01-07 DATE Revised 02-23-06 DATE Revised 10-01-07 n Medium Density Residential/Office - Park/Open Space DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE I High Density Residential 10-40 Units/Acre Public/Quasi-Public nAirport Golf Course LIVE•WOBIC•0HEA7.i Office - Church/Cemetary Y// Office/Industrial Open Water 290 145 0 290 Feet f Office/Public/Open Space Right-Of-Way _ Industrial QCityLimits Recommended Guide Plan Map and MUSA Boundary: Notermann Residential Development Address: Northwest Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 \A / 0 w • 1.1J �- oc1 U- u) SITE FLYING CLOUD D. RIVE City of Eden Prairie Land Use Guide Plan Map 2000-2030 MUSA Boundary Site Area N Rural Residential 0.10 Units/Acre Neighborhood Commercial11111 Low Density Residential 0-2.5 Units/Acre nip Community Commercial 17.7 Low Density/Public/Open Space Regional Commercial DATE Approved 03-19-03 DATE Revised 12-06-06 Medium Densityresidential 2.5-10 Units/Acre ®Town Center DATE Revised 11-07-05 DATE Revised 03-01-07 E D E N DATE Revised 11-07-06 DATE Revised 06-01-07 DATE Revised 02-23-06 DATE Revised 10-01-07 n Medium Density Residential/Office - Park/Open Space DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE I High Density Residential 10-40 Units/Acre Public/Quasi-Public nAirport Golf Course LIVE•WOBIC•0HEA7.i Office - Church/Cemetary Y// Office/Industrial Open Water 290 145 0 290 Feet f Office/Public/Open Space Right-Of-Way _ Industrial QCityLimits Current Zoning: Notermann Residential Development Address: Northwest Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 o a 0 i w Q \11141\411:111 -11 \\\ Otl ----;_,..110-41""ftmomm,%4 i 0 SITE Q� FLYING CLOUD D RIVE City of Eden Prairie Zoning Map MUSA Boundary Rural 71 Regional Service Commercial Site Area R1-44 One Family-44,000 sf.min. - Regional Commercial N PR R1-22 One Family-22,000 sf min. ®TC-Cl A R1-13.5 One Family-13,500 sf min. ®TC-R R1-9.5 One Family-9,500 sf min. I^I TC-MU a DATE Approvedise01-07-05 DATE Revised 103-01-07 E D E N RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2 Acre Min, DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 - RM-2.5 Multi-Family-17.4 U.P.A.max. 7 Industrial Park- 5 Acre Min. DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 I7A Airport Office I General Industrial-5 Acre Min. DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE Office Public LIVE•WOBIC•OHEAM Neighborhood Commercial ]Golf Course »e._o4...:MEt..m_...,®.L.a.,:., .., .ta„,a A Community Commercial Water 290 145 0 290 Feet - Highway Commercial Right of Way -Airport Commercial -TOD-R Transit Oriented Development-Residential Requested Zoning: Notermann Residential Development Address: Northwest Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 o a 0 i w CC Q CC CI Z w a w j (/ ) FLYING CLOUD DRIVE City of Eden Prairie Zoning Map MUSA Boundary Rural 71 Regional Service Commercial Site Area R1-44 One Family-44,000 sf.min. - Regional Commercial N PR R1-22 One Family-22,000 sf min. ®TC-Cl A R1-13.5 One Family-13,500 sf min. ®TC-R R1-9.5 One Family-9,500 sf min. I^I TC-MU a DATE Approvedise01-07-05 DATE Revised 103-01-07 E D E N RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2 Acre Min, DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 - RM-2.5 Multi-Family-17.4 U.P.A.max. 7 Industrial Park- 5 Acre Min. DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 I7A Airport Office I General Industrial-5 Acre Min. DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE Office Public LIVE•WOBIC•OHEAM Neighborhood Commercial ]Golf Course »e._o4....:Eo..m_..,,®.L.a.,T., .., .a„,a A Community Commercial Water 290 145 0 290 Feet - Highway Commercial Right of Way -Airport Commercial -TOD-R Transit Oriented Development-Residential Recommended Zoning: Notermann Residential Development Address: Northwest Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 a o A \\' IX Q CI Z w 0 w O, 0 C Z SITE Qcr FLYING ni -,Ow) D RIV E City of Eden Prairie Zoning Map MUSA Boundary Rural - Regional Service Commercial N Site Area R1-44 One Family-44,000 sf.min. - Regional Commercial - R1-22 One Family-22,000 sf min. EN TC-C R1-13.5 One Family-13,500 sf min. ®TC-R R1-9.5 One Famil -9,500 sf min. TC-MU DATE Approved 03-19-03 DATE Revised 12-06-06 y DATE Revised 01-07-05 DATE Revised 03-01-07 E D E N DATE Revised 11-07-0 6 DATE Revised 06-01-07 RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2 Acre Min, DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 - RM-2.5 Multi-Family-17.4 U.P.A.max. - Industrial Park- 5 Acre Min. DATE Revised 06-23-06 DATE Revised 03-01-09®Airport Office - General Industrial-5 Acre Min. PRAIf RI E Office - Public .e._o4..LMEt7:.2.,®.L.7,.,i., ..,..1a._ma . ii LIVE•wIIKK•DAEAM Neighborhood Commercial Golf Course Community Commercial Water 290 145 0 290 Feet IM - Highway Commercial Right of Way -Airport Commercial -TOD-R Transit Oriented Development-Residential i Aerial Map: Notermann Residential Development Address:NW Quadrant Flying Cloud Drive and Spring Road, Eden Prairie, Minnesota R. a V ,, it tip kt , 4 „_._. 4,111„., 41-...„ .„ ,.. 11,.. kpot , 1 1 , ...._ . ,,. . , . \ .1' 7. A* r ti ,; r-vc- lr F; 3Y,�. 1 . .. ., • .. R itr. F �fr it Ai vi. i. 5.•.�.> rr litt, :04,411; 4:411r .* 4re' ' k tf FLYING - .• _. - • CL0UD A ,, 0 120 240 480 Feet r • 'l " I I I I I I I I::. { Location Map: Notermann Residential Development Address:NW Quadrant Flying Cloud Drive and Spring Road, Eden Prairie, Minnesota I 1-u I I I mos . - froI -i • - < ler i % SITE LYING CLOUD N 0 210 420 8410 Feet L I I I I I I I UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Ric Rosow, City Attorney Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE—ROLL CALL Absent was commission members Mette, Villarreal and Weber. C. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: Farr moved, seconded by DeSanctis to approve the minutes of October 8, 2018 with the following changes: on page 12, the motion to approve the Eden Bluff Fourth Addition project should be changed from"landscape and all parking lots"to "landscape in all parking lots", and in the statement regarding temporary screening be corrected to flow correctly instead of being accidentally switched. MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS PLANNING COMMISSION MINUTES October 22, 2018 Page 2 A. NOTERMANN RESIDENTIAL DEVELOPMENT Location: Northwest quadrant of Flying Cloud Drive and Spring Road Request for: • Guide Plan change from Rural to Low Density Residential on 8.34 acres • Zoning District Change from Rural to R1-13.5 on 9.54 acres • MUSA Boundary extension on 8.34 acres John Shardlow, a planner with Stantec Consulting, presented a PowerPoint and presented the application. He introduced the property owners Bert and Bonnie Notermann and legal counsel Jack Perry of Briggs and Morgan. The applicant requested a 2030 Comprehensive Plan amendment, rezoning and a MUSA extension for 9.54 acres of property located north of Flying Cloud Drive and west of Spring Road. The parcel is located in the northwest corner of the intersection of Flying Cloud Drive and Spring Road. Shardlow stated the applicant accepted the recommendations of the staff report and would bring a more detailed development plan during the future application for zoning approval. There would also be a future application for a Planned Unit Development(PUD). The building envelope he displayed in a graphic indicated the current setback requirements. The Notermanns, owners since 1970, had always intended to develop the property when public utilities became available, services that were assured by the City would be available. They petitioned for water and sewer and worked with the City on numerous design alternatives. The site was consistent with the statement in the Rural District section of the City Code and with the plans recently approved for the Lions Tap site. Klima presented the staff report. The request was to amend the Comprehensive Guide Plan from Rural to Low-Density Residential on approximately 8 acres, extend the MUSA line to serve that additional 8 acres, and to rezone the entire property, approximately 9.5 acres, from Rural to R 1-13.5. Staff recommended approval of the re-guiding and the MUSA line extension. However, staff recommended the zoning request wait for a development plan to be submitted as it was typical of the City's practices to simultaneously review a development plan when considering a rezoning request. This process allowed for a comprehensive review by both public officials and private property owners. Staff recommended retaining the rural zoning of the property until such time as a complete development plan and associated information is provided for review. Without these details, establishing an ultimate zoning of the property would be premature as it is unclear what level of development was appropriate and could be sustained by site conditions. Staff also recommended text amendments to the 2030 Comprehensive Plan to formalize the City's practice. Farr asked what the initial trigger was for the utility extensions. Rue replied this area had a long history. A feasibility study was done in 2013 for the north side of Eden Prairie Road, which was the first stage; this site was contracted for PLANNING COMMISSION MINUTES October 22, 2018 Page 3 improvement in 2016 and was planned to be completed at some future time. The Notermanns' petition for sewer and water to serve the Lions Tap and the surrounding residential areas precipitated this second stage of the development. Each improvement situation was unique; this goal was to serve the Lion's Tap with sewer and water lines, which included potential benefits to areas outside the MUSA line to serve those properties when and if the MUSA line was extended. This was an effort to prevent precluding it from happening in the future. Farr asked when the MUSA line had to be extended. Rue replied as part of the whole process, the Lions Tap site was outside the MUSA line, so there was an approval to grant this property outside the MUSA line with water and sewer. Dean Edstrom of 10133 Eden Prairie Road stated he was a 45-year resident who was dedicated to protecting the bluffs, which were the inspiration for the City's name. While he thought the City had done a good job thus far, this development would cause a great change to the bluff, which has few residential buildings. He recommended an outright denial of the application, as the guide plan change and extension of the MUSA line represented a domino effect. He objected to the 19- page legal brief submitted by Mr. Perry that compelled the commission to approve the application in any case. If the commission was compelled by the legal brief to approve this application the commission then had no discretion, and neither did the City Council or the Metropolitan Council. He stated this was essentially a threat of litigation against the City. Edstrom disagreed with the brief entirely and recommended this issue be referred to the City Attorney for further discussion so the commission could make a decision without being so compelled. MOTION: Freiberg moved, seconded by Higgins to close the public hearing. MOTION CARRIED 6-0. Higgins asked for Rosow's thoughts on the legal brief. Rosow replied he consulted with staff on the recommendations and found them to be fully supported in law. He found it neither appropriate nor necessary to comment on Mr. Perry's letter other than to say there are some things Rosow disagreed with. Kirk added the ordinances had several aspects that allowed the City to protect the bluffs. He asked Rosow to expand on these. Rosow mentioned the steep slope and cultural heritage aspects as examples, and stated the ordinance did give the City authority to regulate development as staff recommended. The PUD process would involve collaboration with the City. Staff was not attempting in its recommendations to avoid arguments or litigation but was recommending the best process for moving forward with development on this property. According to Rosow, Mr. Perry may have thought, given the history and the possibility of a PLANNING COMMISSION MINUTES October 22, 2018 Page 4 negative reaction, he had to argue strongly when he in fact did not, and the City was not reacting to this, but taking a proactive approach. Rosow stated he was confident staff found a supportable approach under the law. Farr asked for assurance the improvements would be given due process despite the legal tensions. Klima replied she and the applicant expected any development would come through a PUD process to ensure flexibility in this unique situation, and there would need to be special consideration given to the protection of the bluff areas, trees, and other natural areas. This would be a public process should those applications be received by the City. Farr recalled a document that mentioned using the ridgeline of the bluff as a line of distinction between developable and"undevelopable" land. Klima replied it was a fair assumption this language was found in the 2030 Comprehensive Plan. Prior to its adoption, a MUSA expansion took place in the 1990s. In order to expand the MUSA line, the ridgeline was a best estimate as to where development could be accommodated. In the Aspire 2040 process, 20 to25 properties were found to be bisected by the MUSA line, which followed the ridgeline, and each property was unique. Farr asked in the commission's discretionary judgment, if a development proposal application were to be denied, would there be a lawsuit against the City. Rosow replied the Comprehensive Plan, which was the founding document, proposed to low-density residential. The zoning is recommended to be unchanged until the owner was prepared to develop the property. If the Comprehensive Plan and zoning were contrary, this would present the City with a choice: amend the Comprehensive Plan or rezone the property. To amend the Comprehensive Plan there must be a reasonable basis for denial. The court would give deference to a City Council's judgment based on one reasonable basis only, not requiring multiple reasons. If there is an unreasonable basis without a factual basis for denial, it was fine for residents to have an opinion again the development but the commission must find a basis for acting on it. Shardlow replied Mike Franzen was the City Planner in 2013, and he and Shardlow agreed they would deal with the commercial part first, then the residential portion. There was approximately 1.5 acres of land in the extreme northeast corner of the property within in the MUSA line. Franzen's recommendation was three lots within the 1.5 acres and one outside for four lots total. This was the steepest area. Taking access directly from Spring Road to service these lots would have been an incredibly steep cute. A PUD would save the trees and have less of an environmental impact. The Notermanns did commission a study and concluded the site had a naturally occurring landform and PLANNING COMMISSION MINUTES October 22, 2018 Page 5 not an indigenous mound or sacred area; however, it could have a protective covenant anyway. The Notermanns and Petersons had not received a response to their letter requesting an opportunity to discuss the future use of their properties as part of the 2040 Aspire Comprehensive Plan draft. They were concerned the current language could prohibit development beyond the MUSA line, which drove the language of the current application. Edstrom asked to comment further. Pieper replied the public hearing was closed and the commissioners would question the applicant. Farr asked the reason staff was recommending amendments to the Comprehensive Plan rather than to the zoning ordinance itself. Klima replied staff recommended amendments to the Comprehensive Plan to ensure consistency between it and the zoning ordinance. While the current Comprehensive Plan said the rural district, as well as the other districts, were corresponding to the low-density residential districts, the additional details proposed tightened the consistency. Kirk replied he was very familiar with the unspoken "red line" at the top of the bluff and did fear a slippery slope, as the bluffs were a very unique part of Eden Prairie. It hinged on the definition of"protect,"which for Kirk meant a very carefully controlled development, not a prohibition of development outright. The legal discussions were well addressed by the City Attorney. In his opinion the City did have the ability, through ordinances and the PUD process, to have some reasonable control over the bluff The applicant also indicated a willingness to show this. Finding a reasonable solution could be uncomfortable but he was confident a compromise could be found. Farr echoed Kirk's trepidation, saying he had spent three days imagining the site plan which the commission did not have. However, this was private property held by people who served the community well, and the City needed residential housing. Freiberg asked if the PUD approach would give the City more control over development in this area and lead to a compromise. Kirk replied the PUD process was an absolute necessity to give a reasonable position based in law. The applicant was showing cooperation with the City and respect for its needs relative to the bluffs. DeSanctis replied in an era where climate change has become salient, removing trees from a steep slope would have a negative impact on a sacred area to Eden Prairie, especially with increase of heavy rains seen recently in Minnesota. Higgins stated she was on the Eden Prairie Historical Society Board of Directors, and these two areas along Flying Cloud Drive and Spring Road were owned by PLANNING COMMISSION MINUTES October 22, 2018 Page 6 people whose history in Eden Prairie was integral. This presented an opportunity to develop reasonably although there were many unknowns. Staff and legal counsel were advising a PUD process to ensure the best possible outcome. Pieper asked if the public hearing should be reopened. MOTION: Kirk moved, seconded by DeSanctis to reopen the public hearing. MOTION CARRIED 6-0. Dean Edstrom of 1133 Eden Prairie Road stated he understood the applicant's understanding of the staff report and the legal opinion. He asked Rosow to give advice on whether or not the prior staff conversations were actually legally binding; his understanding was they were not. MOTION: Farr moved, seconded by Higgins to close the public hearing. MOTION CARRIED 6-0. Farr asked the value of the natural resources in a development. Bourne replied the applicant was aware of the necessity of protecting the natural resources in these areas. Kirk noted the commission was being asked to vote on a policy change that had been evolving over the last 10 to 15 years: whether or not to allow development in this area of Eden Prairie. Hypothetically, if the commission recommended approval and the applicant came back with an unreasonable development, he wished to retain the City's ability to prohibit such a development. Pieper asked Rosow's opinion. Rosow replied the PUD process gave the City considerable control and the real fear was an unreasonable development, which made it difficult to reach consensus, not a development that was reasonable but not entirely within the commission's vision. Farr asked for and received clarification the motions first would amend the Comprehensive Plan and secondly deny the rezoning request, and asked if content was missing to vote directly on the application. Klima explained the motion incorporated all three of the bullets points on the staff report: to change the guiding in the Comprehensive Plan, to extend the MUSA boundary, and to address the zoning change proposal (with a denial). MOTION: Kirk moved, seconded by Freiberg to recommend approval of the Notermann residential development 2030 Comprehensive Plan Amendment based on the information contained in the October 18, 2018 staff report. MOTION CARRIED 6-0. PLANNING COMMISSION MINUTES October 22, 2018 Page 7 MOTION: Kirk moved, seconded by DeSanctis to recommend denial of the request to rezone property from Rural to R1-13.5 based on the information contained in the October 18, 2018 staff report. MOTION CARRIED 6-0. H. PLANNERS' REPORT Klima announced earlier this spring when the City Council adopted the moratoriums on sexually oriented businesses and pawn shops, it also adopted a moratorium on the retail sale of firearms.; however, staff was directed to research any studies on the effects or impacts of firearms retail sales and also provide the opportunity to get input from the community. Both were completed. There is no real research locally or nationally on firearm sales impacts. The City used City Connect to gain community feedback on 1) concerns about firearms sales, 2) specific areas where such sales should take place and 3) support for distance requirements, with mixed responses without a single directive. Staff did not have a recommendation Staff sought feedback or reaction from the commission to carry forward to the City Council on a future work session to which the Planning Commission members would be invited. DeSanctis asked for and received clarification this discussion pertained to new firearms dealers, and not existing retail outlets such as Gander Mountain or Walmart. I. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Kirk moved, seconded by Higgins to adjourn the meeting. MOTION CARRIED 6-0. Chair Pieper adjourned the meeting at 9:02 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Peterson Residential Development IX.D. Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Park/Open Space to Low Density Residential on 7.57 acres, extension of MUSA Boundary on 12.3 acres and amend the Comprehensive Plan text ; and • Adopt the Resolution for Rezoning Request Synopsis The applicant is requesting a 2030 Comprehensive Plan amendment from Park/Open Space to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1- 13.5. The 12.3 acre property is located north of Flying Cloud Drive and east of Spring Road. The property is used for agricultural purposes and includes potential bluff and steep slope areas wooded areas, remnant prairie and floodplain. Approximately 4.73 acres of the property is currently guided Low Density Residential. All 12.3 acres is currently located outside of the MUSA boundary. The request is to reguide 7.57 acres from Park/Open Space to Low Density Residential and to extend the MUSA for the entire 12.3 acres and to rezone the 12.3 acres to R1- 13.5. Background Guide Plan Change With the reconstruction of Flying Cloud Drive and Spring Road, municipal sanitary sewer and water will become available for connection by the Lion's Tap Restaurant. As a result, municipal sanitary sewer and water will be proximate to the subject property as well and is sized to accommodate additional development. The City's goal for this corridor is to preserve and protect natural resources and maintain the natural character along the Minnesota River. The Low Density Residential guiding allows up to 2.5 dwelling units per acre. One of the goals in the Comprehensive Plan is to maintain a balance between conservation/management of natural resources and the need for residential housing. This can be accomplished through existing regulations at the time of development, such as tree preservation and replacement, shoreland and floodplain regulations and steep slope regulations. The applicant did not submit a development plan or timeline for development of the property with this application. It has been the City's practice to review rezoning requests simultaneously with a development plan. When development plans are prepared for this property, all submittal requirements of the City Code will need to be addressed. These include but are not limited to environmental review, steep slopes, bluffs, tree removal and replacement, cultural/archeological studies and shoreland and floodplain information. Comprehensive Plan Text Amendment In an effort to formalize the City's practice, the following language is proposed to be added to the 2030 Comprehensive Plan. The language underlined is proposed for addition. MUSA LINE There are 2,333 acres of land outside of the MUSA line. The land is guided low density, water and parks/open space. There are 243.13 acres guided rural residential, 509 acres guided water and 1,711.85 acres guided parks/open space. The low density guide area is zoned rural with a 10 acre minimum lot size. No expansion of the MUSA Line is proposed. Any requests to expand the MUSA require review through a public process to amend the Comprehensive Plan. LAND USE CATEGORIES Low Density Residential: this category allows a gross residential density of between 1 and 2.5 dwelling units per acre. Typical development includes single family detached dwellings. Corresponding zoning districts include Rural, R1-44, R1-22, and R1-13.5 districts. Attached housing may occur in land guided low density provided it meets these density requirements and transitions appropriately to adjacent developments. If a rezoning request is submitted without a proposed development plan, the City may retain the Rural zoning of a property until such time as a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan. Zoning The application includes a request to rezone the property from Rural to R1-13.5. Without a development plan for the property, there is insufficient information to determine the appropriate zoning for the property. A development plan that includes information such as topography, soils reports, archeological studies, tree inventory, and bluff/steep slope analysis will help inform the level of development that the site can support. It has been the City's practice to simultaneously review a development plan when considering a rezoning request. This process allows for a comprehensive review by both public officials and private property owners. Staff recommends retaining the Rural zoning of the property until such time as a complete development plan and associated information is provided for review. Without these details, establishing an ultimate zoning of the property is premature as it is unclear what level of development is appropriate and can be sustained by site conditions. Planning Commission Recommendation At its October 22, 2018 meeting, the Planning Commission voted 6-0 to recommend: Approval of the following requests: • Guide Plan Change from Parks/Open Space to Low Density Residential on 7.57 acres • MUSA Boundary extension on 12.3 acres • Comprehensive Plan Text Changes as noted in the staff report dated October 18, 2018 Denial of the following request: • Zoning District Change from Rural to R1-13.5 on 12.3 acres The 120-Day Review Period Expires on March 13, 2019. Attachments 1. Resolution for Comprehensive Plan Map and Text Amendment and Extension of MUSA boundary 2. Resolution for Zoning Denial 3. Staff Report 4. Guide Plan Map—Current 5. Guide Plan Map—Requested 6. Guide Plan Map -Recommended 7. Zoning Map—Current 8. Zoning Map—Requested 9. Zoning Map -Recommended 10. Aerial photo 11. Location Map 12. Unapproved Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION AMENDING THE 2030 COMPREHENSIVE MUNICIPAL PLAN FROM PARKS/OPEN SPACE TO LOW DENSITY RESIDENTIAL ON 7.57 ACRES,EXPANDING THE MUSA BOUNDARY TO INCLUDE 12.3 ACRES AND AMENDING THE 2030 COMPREHENSIVE PLAN TEXT WHEREAS,the City of Eden Prairie has prepared and adopted the 2030 Comprehensive Municipal Plan("Plan"); and WHEREAS,the Metropolitan Council authorized the City of Eden Prairie to put its 2030 Comprehensive Plan into effect on October 14, 2009; and WHEREAS,the City Council put the 2030 Comprehensive Plan into effect on October 20, 2009; and WHEREAS,the proposal by Sever& Sharon Peterson and Peterson Farm Holding No 3 LP is for a Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 7.57 acres, as legally described on Exhibit A; and the extension of the MUSA boundary to include 12.3 acres of property described in Exhibit A; and WHEREAS,the 2030 Comprehensive Plan Amendment includes proposed language to amend the text to require any request to expand the MUSA Line to be reviewed through a public process to amend the Comprehensive Plan and to allow the City to retain Rural zoning until such time that a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the reguiding of property to Low Density Residential, extension of MUSA boundary and text amendments of the 2030 Comprehensive Plan based the staff report dated October 18, 2018 the City Council memo dated November 13, 2018 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Property to be Reguided from Park/Open Space to Low Density Residential: Parcel 4: Tract A, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 5: Tract C, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 6: That part of Government Lot 4, Section 33, Township 116, Range 22, West of the 5th Principal Meridian, lying northerly of County Road 61, also known as Flying Cloud Drive EXCEPT that part thereof described as follows: Beginning at the point of intersection of the Northerly right of way line of Station Highway 169 and 212 and the North line of said section; thence Westerly along the Northerly right of way line 100 feet; thence at a right angle Northerly to the North line of said Section; thence East to the point of beginning. Property to be added in the MUSA Boundary: Parcel 1: Beginning at the southeast corner of the Southeast Quarter of Section 29, Township 116, Range 22; thence North along the East line of said section a distance of 456 feet; thence West parallel to the South line of said section a distance of 90 feet, more or less, to the County Road; thence in a Southwesterly direction along the Southeasterly line of said County Road, to a point in the South line of said section; thence East along the South line of said Section a distance of 300 feet, more or less, to the point of beginning. Parcel 2: The East 316.79 feet of the West 381.3 feet of the North 132 feet of the South 387.6 feet of the Southwest Quarter of Section 28, Township 116, Range 22, all measurements being parallel with the South and West lines of said Section respectively, being in Hennepin County, State of Minnesota, according to the Government Survey thereof. Parcel 3: The West 381.3 feet lying south of the North 132 feet of the Southwest Quarter of Section 28, Township 116, Range 22, all measurements being parallel with the South and West lines of said Section respectively, being in Hennepin County, State of Minnesota, according to the Government Survey thereof. Parcel 4: Tract A, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 5: Tract C, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 6: That part of Government Lot 4, Section 33, Township 116, Range 22, West of the 5th Principal Meridian, lying northerly of County Road 61, also known as Flying Cloud Drive EXCEPT that part thereof described as follows: Beginning at the point of intersection of the Northerly right of way line of Station Highway 169 and 212 and the North line of said section; thence Westerly along the Northerly right of way line 100 feet; thence at a right angle Northerly to the North line of said Section; thence East to the point of beginning. coS September13,2018 tantec . ) � 1 •° - h. t O , W'6m ;r` 1 i . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION DENYING THE REQUEST TO REZONE PROPERTY FROM THE RURAL ZONING DISTRICT TO THE R1-13.5 ZONING DISTRICT WHEREAS, Sever and Sharon Peterson and Peterson Farm Holding No 3 LP, Applicants, have requested that Property legally described on Exhibit A be rezoned from Rural to R1-13.5; and WHEREAS, the Applicants have also requested that the Comprehensive Plan be amended to guide the entire Property as Low Density Residential and extend the MUSA boundary to include the Property; and WHEREAS, the Planning Commission conducted a public hearing on said requests on October 22, 2018 and recommended approval to the City Council of the Comprehensive Plan amendment and extension of the MUSA boundary to include the Property; and WHEREAS, the City Council conducted a public hearing on said requests on November 13, 2018 and approved the Comprehensive Plan amendment and extension of the MUSA boundary subject to approval by the Metropolitan Council; and WHEREAS, the Applicants have not submitted a development proposal and sufficient information to determine the appropriate zoning for the Property; WHEREAS,the Comprehensive Plan Amendment includes proposed language to amend the text state that if a rezoning request is submitted without a proposed development plan that the City may retain the Rural zoning of a property until such time as a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan; and WHEREAS, the Planning Commission recommended denial of the request to rezone the Property to R1-13.5; and WHEREAS, the Applicant concurred in writing and verbally at the Planning Commission and City Council meetings with the recommendations of denial of the rezoning request and approval of the Comprehensive Plan amendments and extension of the MUSA boundary; and NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: 1. The recitals set forth above are hereby incorporated as the Findings of the Council. 2. The City Council hereby denies the request to rezone the Property from Rural to R1-13.5 ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A LEGAL DESCRIPTION—PETERSON RESIDENTIAL DEVELOPMENT REZONING REQUEST Parcel 1: Beginning at the southeast corner of the Southeast Quarter of Section 29, Township 116, Range 22; thence North along the East line of said section a distance of 456 feet; thence West parallel to the South line of said section a distance of 90 feet, more or less, to the County Road; thence in a Southwesterly direction along the Southeasterly line of said County Road, to a point in the South line of said section; thence East along the South line of said Section a distance of 300 feet, more or less, to the point of beginning. Parcel 2: The East 316.79 feet of the West 381.3 feet of the North 132 feet of the South 387.6 feet of the Southwest Quarter of Section 28, Township 116, Range 22, all measurements being parallel with the South and West lines of said Section respectively, being in Hennepin County, State of Minnesota, according to the Government Survey thereof. Parcel 3: The West 381.3 feet lying south of the North 132 feet of the Southwest Quarter of Section 28, Township 116, Range 22, all measurements being parallel with the South and West lines of said Section respectively, being in Hennepin County, State of Minnesota, according to the Government Survey thereof. Parcel 4: Tract A, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 5: Tract C, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 6: That part of Government Lot 4, Section 33, Township 116, Range 22, West of the 5th Principal Meridian, lying northerly of County Road 61, also known as Flying Cloud Drive EXCEPT that part thereof described as follows: Beginning at the point of intersection of the Northerly right of way line of Station Highway 169 and 212 and the North line of said section; thence Westerly along the Northerly right of way line 100 feet; thence at a right angle Northerly to the North line of said Section; thence East to the point of beginning. STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 18, 2018 SUBJECT: Peterson Residential Development LOCATION: Northeast Corner of Flying Cloud Drive and Spring Road APPLICANT: Stantec Consulting Services OWNERS: Sever& Sharon Peterson Peterson Farm Holding No 3 LP REQUEST: • Guide Plan Change from Parks/Open Space to Low Density Residential on 7.57 acres • Zoning District Change from Rural to R 1-13.5 on 12.3 acres • MUSA Boundary extension on 12.3 acres BACKGROUND The applicant is requesting a 2030 Comprehensive Plan amendment, rezoning and a MUSA extension for 12.3 acres of property located north of Flying Cloud Drive and east of Spring Road. The parcel is located in the northeast corner of the intersection of Flying Cloud Drive and Spring Road. The property is currently used for agricultural purposes and includes potential bluff and steep slope areas,wooded areas,remnant prairie,and floodplain. The area to the north and east is owned by the City of Eden Prairie as park/open space. To the west of Spring Road is the Lions Tap and south of Flying Cloud Drive is undeveloped property. • .. ; YINGC LpUp. 14. Staff Report— Peterson Residential Development October 18, 2018 Attached to this memo are copies of the narratives for these applications and a letter from Jack Perry of Briggs and Morgan,as attorney representing the property owner. Attached to Mr.Perry's original letter were supplemental documents referred to in the letter. These supplemental documents are lengthy and have not been included with the Planning Commission agenda materials. This information is available at City Center for viewing. DEVELOPMENT PLAN The applicant did not submit a development plan or timeline for development of the property with this application. It has been the City's practice to review rezoning requests simultaneously with a development plan. When development plans are prepared for this property, all submittal requirements of the City Code will need to be addressed. These include but are not limited to environmental review, steep slopes, bluffs, tree removal and replacement, cultural/archeological resources and floodplain information. Due to the proximity to the Minnesota River and the potential presence of archeological resources on the property,the City will require archeological studies of the property prior to the preparation of a development plan. The preservation and protection of such resources is a goal for and promoted by the City. 2030 COMPREHENSIVE PLAN AMENDMENT AND MUSA BOUNDARY Approximately 4.73 acres of the property is currently guided Low-Density Residential with the reminder guided Park/Open Space. The applicant is requesting a 2030 Comprehensive Plan amendment to reguide the Park/Open Space portion of the property to Low-Density Residential. While a portion of the property is guided Low Density Residential, all of the subject property is located outside of the MUSA boundary. The applicant is requesting to extend the MUSA boundary to include the entire 12.3 acres. With the reconstruction of Flying Cloud Drive and Spring Road, municipal sanitary sewer and water will become available for connection by the Lion's Tap Restaurant.As a result,municipal sanitary sewer and water will be proximate to the subject property as well and is sized to accommodate additional development. The City's goal for this corridor is to preserve and protect natural resources and maintain the natural character along the Minnesota River.The Low Density Residential guiding allows up to 2.5 dwelling units per acre. One of the goals in the Comprehensive Plan is to maintain a balance between conservation/management of natural resources and the need for residential housing. This can be accomplished through existing regulations at the time of development,such as tree preservation and replacement,shoreland regulations and steep slope regulations.Due to the location of utility services and the existing regulations to protect natural resources,staff is recommending approval of the 2030 Comprehensive Plan amendment to Low Density Residential and the extension of the MUSA 2 Staff Report—Peterson Residential Development October 18, 2018 boundary. Existing 2030 Guide Plan and MUSA Boundary 1-41111111. wiliimimilimmiiilimiiimili=LYINGCLOUDDRIVE Requested 2030 Guide Plan Amendment and MUSA Boundary 711 .. .. .. .. . . . • . . .SITE ING CLOUD DRIVE 3 Staff Report— Peterson Residential Development October 18, 2018 ZONING The property is currently zoned Rural.The applicant is requesting to rezone the property to R1-13.5. The R 1-13.5 zoning district allows the development of single family homes with sanitary sewer and water service with a maximum density of 2.5 dwelling units per acre. Existing Zoning and MUSA Boundary a c . . LI FLYING CLOUD DRIVE i Requested Zoning and MUSA Boundary `v ,a { 1LI / , r • • • 'LYING CLOUD DRIVE 4 Staff Report— Peterson Residential Development October 18, 2018 Without a development plan for the property, there is insufficient information to determine the appropriate zoning for the property. A development plan that includes information such as topography, soils reports, archeological studies, tree inventory, and bluff/steep slope analysis will help inform the level of development that the site can support. It has been the City's practice to simultaneously review a development plan when considering a rezoning request.This process allows for a comprehensive review by both public officials and private property owners. Staff recommends retaining the Rural zoning of the property until such time as a complete development plan and associated information is provided for review. Without these details, establishing an ultimate zoning of the property is premature as it is unclear what level of development is appropriate and can be sustained by site conditions. Recommended Zoning and MUSA Boundary J . . . . SITE FLYINGt1D DRIVE Staff also recommends adding the following language to the 2030 Comprehensive Plan to formalize the City's practice. Language that is underlined is proposed for addition. MUSA LINE There are 2,333 acres of land outside of the MUSA line. The land is guided low density, water and parks/open space. There are 243.13 acres guided rural residential, 509 acres guided water and 1,711.85 acres guided parks/open space. The low density guide area is zoned rural with a 10 acre minimum lot size. No expansion of the MUSA Line is proposed. Any requests to expand the MUSA require review through a public process to amend the Comprehensive Plan. 5 Staff Report—Peterson Residential Development October 18, 2018 LAND USE CATEGORIES Low Density Residential: this category allows a gross residential density of between 1 and 2.5 dwelling units per acre. Typical development includes single family detached dwellings. Corresponding zoning districts include Rural, R1-44, R1-22, and R1-13.5 districts. Attached housing may occur in land guided low density provided it meets these density requirements and transitions appropriately to adjacent developments. If a rezoning request is submitted without a proposed development plan,the City may retain the Rural zoning of a property until such time as a development plan and sufficient associated site information is provided to the City to determine the appropriate zoning district consistent with the Comprehensive Plan. STAFF RECOMMENDATION Recommend approval of the following requests: • Guide Plan Change from Park/Open Space to Low Density Residential on 7.57 acres • MUSA Boundary extension on 12.3 acres • Comprehensive Plan Text Changes as noted in the staff report dated October 18, 2018 Recommends denial of the following request: • Zoning District Change from Rural to R 1-13.5 on 12.3 acres 6 Current (2030) Guide Plan Map:Peterson Residential Development Address: Northeast Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 uI m ■■■■■■■■■■■■■■. —N— sr,, 111111K p 11114 I • •L . .11 • . • WI cii . . . .. FLYING CLOUD DRIVE . . . City of Eden ' rairie Land Use Guide Plan Map 20 1 0-2030 MUSA Boundary Site Area N Rural Residential 0.10 Units/Acre Neighborhood Commercial A Se,,,_ Low Density Residential 0-2.5 Units/Acre Community Commercial })/ •Y/A Low Density/Public/Open Space - Regional Commercial f /,' + DATE Approvedised03-19-03 DATE Revised 103-01-07 E a E N Medium Density residential 2.5-10 Units/Acre �Town Center DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 n Medium Density Residential/Office - Park/Open Space DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 06 23 06 DATE Revised 03-01-09 PRAIRIE =Airport Golf Course uve•wOxK•DREAM Office = Church/Cemetary %/ Office/Industrial Open Water Office/Public/Open Space Right-Of-Way 390 195 0 390 Feet - Industrial QCityLimits Requested Guide Plan Map and MUSA: Peterson Residential Development Address: Northeast Corner of Spring Road and Flying Cloud Drive Eden Prairie MN 55344 LT _■■■■■■■■■■■■■■_ —.— iiim 111111 = : : BU11111 a l Ell ' iiiiilliiiirior, I I • • • • • • • • • • • . • • • • , . . . .SITE FLYING CLOUD DRIVE . . . . City of Eden ' rairie Land Use Guide Plan Map 2010-2030 MUSA Boundary Site Area N Rural Residential 0.10 Units/Acre Neighborhood Commercial A Ste._ Low Density Residential 0-2.5 Units/Acre Community Commercial }�/ •Y/A Low Density/Public/Open Space - Regional Commercial f '/' + DATE Approvedised03-19-03 DATE Revised 103-01-07 E a E N Medium Density residential 2.5-10 Units/Acre �Town Center DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 n Medium Density Residential/Office - Park/Open Space DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 06 23 06 DATE Revised 03-01-09 PRAIRIE Airport Golf Course „ Office = Church/Cemetary ., uve•wOxK•oeeAM %/ Office/Industrial Open Water Office/Public/Open Space Right-Of-Way 390 195 0 390 Feet - Industrial CICityLimits Recommended Guide Plan Map and MUSA Boundary:Peterson Residential Development Address: Northeast Corner of Spring Road and Flying Cloud Drive • - ►� ► 55344 i 41k ji . . . • . . .SITE FLYING CLOUD DRIVE •City of Eden Prairie Land Use Guide Plan Map 2000-2030 MUSA Boundary Site Area N Rural Residential 0.10 Units/Acre Neighborhood Commercial Low Density Residential 0-2.5 Units/Acre Community Commercial } / • Y/A Low Density/Public/Open Space - Regional Commercial DATE Approvedised03-19-03 DATE Revised 103-01-07 E a E N Medium Density residential 2.5-10 Units/Acre �Town Center DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 n Medium Density Residential/Office - Park/Open Space DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 06 23 06 DATE Revised 03-01-09 PRAIRIE Airport Golf Course Office Church/Cemetary uve•wOxK•oeeAM Office/Industrial Open Water Office/Public/Open Space Right-Of-Way 390 195 0 390 Feet Industrial CityLimits Current Zoning:Peterson Residential Development Address: Northeast Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 OL1. O D. S FLYING CLOUD DRIVE City of Eden Prairie Zoning Map MUSA Boundary Rural - Regional Service Commercial N Site Area R1-44 One Family-44,000 sf.min. - Regional Commercial R1-22 One Family-22,000 sf min. EMI TC-C R1-13.5 One Family-13,500 sf min. ®TC-R R1-9.5 One Family-9,500 sf min. TC-MU DATE Approved 03-19-03 DATE Revised 12-06-06 DATE Revised 01-07-05 DATE Revised 03-01-07 E D E N I RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2 Acre Min, DATE Revised 11-07-05 DATE Revised 06-01-07 DATE Revised 02 To): DATE Revised 10-01-07 RM-2.5 Multi-Family-17.4 U.P.A.max. Industrial Park- 5 Acre Min. DATE Revised 03-23-06 DATE Revised 03-0109 DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE ®Airport Office General Industrial-5 Acre Min. Office Public LIVE•WMAO QAEA•'.1 FE Neighborhood Commercial Golf Course 380 190 0 380 Feet Community Commercial Water Highway Commercial Right of Way Airport Commercial TOD-R Transit Oriented Development-Residential Requested Zoning:Peterson Residential Development Address: Northeast Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 Hi Olt O • II • FLYING CLOUD DRIVE City of Eden Prairie Zoning Map MUSA Boundary Rural - Regional Service Commercial Site Area R1-44 One Family-44,000 sf.min. - Regional Commercial R1-22 One Family-22,000 sf min. ®TC-C R1-13.5 One Family-13,500 sf min. ®TC-R •0 R1-9.5 One Family-9,500 sf min. n TC-MU DATE Approved 03-19-03 DATE Revised 12-06-06 DATE Revised 01-07-05 DATE Revised 03-01-07 E D E N RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2 Acre Min, DATE Revised 11-07-05 DATE Revised 06-01-07 DATE Revised 02-23-06 DATE Revised 10-01-07 tlATE Revised 0 306 03-01-09 RM-2.5 Multi-Family-17.4 U.P.A.max. Industrial Park- 5 Acre Min. DATE Revised y" DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE Airport Office General Industrial-5 Acre Min. Office Public LIVE•WORK•EHEA•'.1 Neighborhood Commercial Golf Course 380 190 0 380 Feet Community Commercial Water Highway Commercial Right of Way Airport Commercial TOD-R Transit Oriented Development-Residential Recommended Zoning:Peterson Residential Development Address: Northeast Corner of Spring Road and Flying Cloud Drive Eden Prairie, MN 55344 Hi � T Off. O PA • FLYING CLOUD DRIVE City of Eden Prairie Zoning Map MUSA Boundary Rural - Regional Service Commercial Site Area R1-44 One Family-44,000 sf.min. - Regional Commercial R1-22 One Family-22,000 sf min. ®TC-C R1-13.5 One Family-13,500 sf min. ®TC-R •0 R1-9.5 One Family-9,500 sf min. n TC-MU DATE Approved 03-19-03 DATE Revised 12-06-06 DATE Revised 01-07-05 DATE Revised 03-01-07 E D E N RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2 Acre Min, DATE Revised 11-07-0 6 DATE Revised 06-01-07 DATE Revised 02-23-06 DATE Revised 10-01-07 rp tlATE Revised 0 306 03-0109 RM-2.5 Multi-Family-17.4 U.P.A.max. Industrial Park- 5 Acre Min. DATE Revised y" DATE Revised 06-23-06 DATE Revised 03-01-09 PRAIRIE Airport Office General Industrial-5 Acre Min. Office Public LIVE•WORK•EHEA•'.1 Neighborhood Commercial Golf Course 380 190 0 380 Feet Community Commercial Water Highway Commercial Right of Way Airport Commercial TOD-R Transit Oriented Development-Residential Aerial Map: Peterson Residential Development Address:NE Quadrant Flying Cloud Drive and Spring Road, Eden Prairie, Minnesota 4 '—— 7:4 I 1 qr.- I I a I I Fri rAft 1 — _. 7&'19,7-ir4 TI.N E"GR 1II F * 46v . k' "i, . , 4§1, L._ _ _ __-_- n b a 11 7,,, L _, . *.i.! d i , •• AII 4 II � "_ •,,' •ter a' p.i .'4;k{ . _ �F ,, :-k 14 4! 7 44,4410p '►'',‘, ` .,� 7(. 410 IkceO b 1 1 i Aftw., b 1.1 , ie YING C w ��=" . ,r 4 .0 �, l ate ''" i" 4. 4 f N N 0 25 • 500 1,000 Feet y , Location Map: Peterson Residential Development Address:NE Quadrant Flying Cloud Drive and Spring Road, Eden Prairie, Minnesota a:r: 4 / 4) -_ ��� n DaI: E ,,z,r: • , ` • �0�����# B41\4OG. 2 1 - „ (-411,„ =,:inr4 t - _- .r E �,.! L e _• e' _ ,.44,,.%e III.""7:E- b 9'mW1414a;r--4cLPo ,ft.1S.,Z.. 111/4,.,. . rR � fv•_ � �'.!%i .. * .ite4ftitelb." Z II 1 III ------- ------/- Ail FL � - N 0 350 700 1,400 Feet I I I I I I I I UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Ric Rosow, City Attorney Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE—ROLL CALL Absent was commission members Mette, Villarreal and Weber. C. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: Farr moved, seconded by DeSanctis to approve the minutes of October 8, 2018 with the following changes: on page 12, the motion to approve the Eden Bluff Fourth Addition project should be changed from"landscape and all parking lots"to "landscape in all parking lots", and in the statement regarding temporary screening be corrected to flow correctly instead of being accidentally switched. MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS PLANNING COMMISSION MINUTES October 22, 2018 Page 2 A. PETERSON RESIDENTIAL DEVELOPMENT Location: Northeast quadrant of Flying Cloud Drive and Spring Road Request for: • Guide Plan change from Parks/Open Space to Low Density Residential on 7.57 acres • Zoning District Change from Rural to R1-13.5 on 12.3 acres • MUSA Boundary extension on 12.3 acres John Shardlow, a planner with Stantec Consulting, presented a PowerPoint and explained the application. He introduced Siever Peterson, owner of the property, and explained the Petersons had no near future plan for development. The intention was to anticipate such a development with access to municipal utilities that would support better options with less adverse environmental impacts, such as grading and this was driven by the update of the 2040 Comprehensive Plan. Klima presented the staff report. The applicant was requesting a 2030 Comprehensive Plan amendment, rezoning and a MUSA extension for 12.3 acres of property located north of Flying Cloud Drive and east of Spring Road. No development plan or timeline for development of the property was submitted. It has been the City's practice to review rezoning requests simultaneously with a development plan. The City's goal for this corridor was to preserve and protect natural resources and maintain the natural character along the Minnesota River. The Low Density Residential guiding allowed up to 2.5 dwelling units per acre. One of the goals in the Comprehensive Plan was to maintain a balance between conservation/management of natural resources and the need for residential housing. Due to the location of utility services and the existing regulations to protect natural resources, staff recommended approval of the 2030 Comprehensive Plan amendment to Low Density Residential and the extension of the MUSA boundary. Without a development plan for the property, there was insufficient information to determine the appropriate zoning for the property. A development plan that included information such as topography, soils reports, archeological studies, tree inventory, and bluff/steep slope analysis would help inform the level of development that the site can support, and again, review of a development plan would be simultaneous with considering a rezoning request. This process allowed for a comprehensive review by both public officials and private property owners. Staff recommended retaining the rural zoning of the property until such time as a complete development plan and associated information was provided for review. Without these details, establishing an ultimate zoning of the property was premature as it is unclear what level of development is appropriate and can be sustained by site conditions. Staff also recommended text amendments to the 2030 Comprehensive Plan to formalize the City's practice. PLANNING COMMISSION MINUTES October 22, 2018 Page 3 Joel Wiegert of 10131 Eden Prairie Road spoke against a possible"snowball effect" of making decisions based on hypothetical developments. While he did not doubt the reasonableness of the applicant in this case, he was concerned about subsequent developers. He might not in fact object to the future development on this or any other parcels, but he suggested holding off all Comprehensive Plan and zoning change until the actual development plan is brought forward. Shardlow replied the MUSA line was a regional growth management tool of the Metropolitan Land Planning Act, and ten-year municipal planning schedules served to determine which areas would be urbanized within each planning period. Cities have routinely extended their MUSA lines without specific development plans in preparation for at least forty years. The applicant was not anticipating immediate development but was expecting it in the near future. Farr asked the applicant and commission to ponder an alternative use to a low- density single-family residential development on the northeast corner. He also asked if the graphic in the staff report was accurate. Rue replied the exhibit shown in the staff report was not up to date and displayed the old Spring Road alignment; the new Spring Road alignment went straighter south and would remove a portion of the northeast corner. Page three of the report did show the current alignment. The gray area on that graphic appeared wider than a normal right-of-way width because there was a storm water facility and a retaining wall. Kirk noted the Lion's Tap site was very unique and would not attract additional commercial development to that corner. If there would be additional development there he would rather see residential than commercial. DeSanctis asked if the proposed intersection would be signaled or signed. Rue replied there would be a stop sign on Spring Road, as existed today. Farr asked if the access to this property was solely from Spring Road and if the distance between the intersection and northern property line was sufficient for safety. Rue replied he would expect any development on that site would line up with the recently approved driveway for the recently approved Lion's Tap project. There was also Riley Creek dividing that property, so there would be restrictions for development, along with some steep slopes on the eastern portion. There was much less developable land than would be suggested by the graphic in the staff report. Farr noted with the setbacks there was probably not much developable land left. MOTION: Freiberg moved, seconded by Kirk to close the public hearing. MOTION CARRIED 6-0. PLANNING COMMISSION MINUTES October 22, 2018 Page 4 MOTION: Higgins moved, seconded by Freiberg to recommend approval of the Peterson residential development 2030 Comprehensive Plan amendments based on the information contained in the October 18, 2018 staff report. MOTION CARRIED 6-0. MOTION: Higgins moved, seconded by DeSanctis to recommend denial of the request to rezone the property from Rural to R1-13.5 based on the information contained in the October 18, 2018 staff report. MOTION CARRIED 6-0. H. PLANNERS' REPORT Klima announced earlier this spring when the City Council adopted the moratoriums on sexually oriented businesses and pawn shops, it also adopted a moratorium on the retail sale of firearms.; however, staff was directed to research any studies on the effects or impacts of firearms retail sales and also provide the opportunity to get input from the community. Both were completed. There is no real research locally or nationally on firearm sales impacts. The City used City Connect to gain community feedback on 1) concerns about firearms sales, 2) specific areas where such sales should take place and 3) support for distance requirements, with mixed responses without a single directive. Staff did not have a recommendation Staff sought feedback or reaction from the commission to carry forward to the City Council on a future work session to which the Planning Commission members would be invited. DeSanctis asked for and received clarification this discussion pertained to new firearms dealers, and not existing retail outlets such as Gander Mountain or Walmart. I. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Kirk moved, seconded by Higgins to adjourn the meeting. MOTION CARRIED 6-0. Chair Pieper adjourned the meeting at 9:02 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning SouthWest Transit Garage IX.E. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Approve the 1 St Reading of the Ordinance for a Planned Unit Development District Review with waivers on 10.05 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The applicant is proposing to expand the existing parking for the SouthWest Transit Garage located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing maintenance garage with warehouse and office space. There are currently 78 parking stalls on the property. The applicant is proposing to add parking stalls and reconfigure some of the existing parking stalls to provide a total of 144 spaces. The proposed plan provides plantings in the existing parking lot islands and new landscaped islands to bring the site into conformance with the parking lot island requirements. Background Future construction of the Southwest LRT, the future demolition of the SouthWest Transit corporate offices on Technology Drive, and the relocation of SouthWest Transit staff from the corporate offices to this site initiated discussions about expanding the parking on this site. In addition, SouthWest Transit has added SW Prime service, on demand ride service and has expanded special event service, all of which have increased the demand for driver parking. Based on the amount of office space and industrial/warehouse space in the building, City Code requires 73 parking stalls. SouthWest Transit has identified a typical business need of 115 parking stalls. During special events, the need increases to 140 to 187 stalls because of the number of drivers needed. Sustainable Features The applicant is proposing to use some pervious pavers. The parking lot lighting will be LED and the proposed plantings include native species. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project as recommended by staff at the October 22, 2018 meeting. The Planning Commission recommendation included several conditions of approval that were to be addressed before the City Council meeting. Those conditions have been addressed and are included in the plans stamp dated November 7, 2018. The 120-Day Review Period Expires on February 8, 2019. Requested Waivers The property is located within a Shoreland area. In 2006 and 2014, Planned Unit Development waivers were approved allowing an impervious surface beyond 30%. With the addition of hard surface for additional parking, the applicant is requesting a waiver to allow additional impervious surface. Following is a list of the waivers being requested: • Impervious Area City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 47.97%. With this proposed expansion of the parking on the property, the applicant will be adding some additional pavement. Therefore, the applicant is requesting a waiver for 48.99% impervious surface, which is a 1.02% increase from the current percentage. The waiver is consistent with the land use designated in the Comprehensive Plan. This area is industrial in nature, is near other industrial properties and is appropriate for more intense uses that do not impact differing land uses. The waiver is in harmony with the general purpose and intent of the Shoreland ordinance. The proposed parking is not closer to the creek than the existing parking. The environmental value of the creek will continue to be protected by buffers and easements. The additional stormwater management, the use of pervious pavers and enhanced landscaping will preserve and enhance the quality of the public water while allowing for utilization of the property. There are circumstances unique to the property such as steep topography, multiple street frontages, the location of the creek and the location of the railroad that are not created by the landowner. Approval of the waiver would be consistent with the essential character of the locality and is a reasonable use of the property due to measures being taken to protect and enhance the quality and character of the shoreland. • Drive Aisle Width City Code requires 25' wide drive aisles. One of the existing drive aisles is 24' 6"wide. The only proposed change in this area is restriping a few stalls as accessible parking stalls. This is an existing condition and still provides adequate room for maneuvering. • Parking Stall Depth City Code requires 19' deep parking stalls. Some of the existing parking stalls are only 18' deep. Other than the compact stalls, all of the new parking stalls meet City Code requirements. This is an existing condition and the City has allowed 18' deep parking stalls on other projects. Attachments 1. Ordinance—PUD 2. Staff Report 3. Aerial Map 4. Unapproved Planning Commission Minutes SOUTHWEST TRANSIT GARAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018-PUD- -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Industrial (I-2) Zoning District_-2018-PUD-_-2018 (hereinafter "PUD-_-2018- ) Section 3. The City Council hereby makes the following findings: A. PUD- -2018- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2018- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2018- are justified by the design of the development described therein. D. PUD- -2018- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2018, entered into between Southwest Transit a joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie formerly known as SouthWest Metro Transit Commission, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2018- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Industrial (I-2) Zoning District and shall be included hereafter in the Planned Unit Development_-2018- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of November, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: October 18, 2018 SUBJECT: SouthWest Transit Garage LOCATION: 14405 62nd Street W APPLICANT: Len Simich OWNER: SouthWest Transit 120-DAY REVIEW: February 8, 2019 REQUEST: • Planned Unit Development District Review with waivers on 10.05 acres • Site Plan Review on 10.05 acres BACKGROUND The applicant is proposing to expand the existing parking on " 62nd Street W ' ' ' { ' the property located at 14405 1 a 62nd Street W. The property is , .._ located south of 62nd Street W .- r - N and just east of Indian Chief ...mil-.0 r' Road. The site includes an i "' r existing 100,256 square foot ' . maintenance garage with 4 • ,v„ , - - - �._ warehouse and office space. : ,;' - - k " 1 Nine Mile Creek runs along the - 4 F•' ° So thWest northeast side of the property. Tr nsit G rages There are industrial uses to the - / south and east and a golf course �' 7?—: n west. r f �' r`r. 'I fir, ,-,'f SITE PLAN ' t :.= i -''' - Parkin stalls are currently ¢ r , :4'-'' y 91!. � r c. . a41tssi located on the north, east and n ,wp 0 r�r KR J " south sides of the building. The ,i•, r - •_ --n.j`;` ;. .4 ' �. -4 t I .,..•-• i dr . *--5.c t' lklits T7 :i. A Google Staff Report—SouthWest Transit Garage October 18, 2018 Page 2 existing parking area includes 72 02 parking stalls. The proposed plan c""" "`"° AC naggrara„.RMOO,.a� includes a reconfiguration of _ _- existing parking and adding more r..� � hard surface to create additional 1 r C c ! Iiiob , stalls. There are no additions �• C proposed for the building. The 1 „._ — �r e proposal includes the installation '• e �1 "IL 1 of an above ground gasoline tank l • iC ' on the west side of the building e: ' ., .. 4 -+ Neilinik near the existing gas pumps for c a. cc fueling busses. f J - PARKING a ll c :Art •��' `"4 Future construction of the k ci } "`=��" Southwest LRT, the future l r t , demolition of the SouthWest , �` °��` `_ F Transit corporate offices on ' -- _ '-- A ' Technology Drive, and the i --- :- —,• relocation of SouthWest Transit d, ��� ���•= � staff from the corporate offices to a .11<< _ r "r • this site initiated discussions i X f_ `'.-;.• about expanding the parking on t - •. , this site. In addition, SouthWest `y --- I, r Transit has added SW Prime ., to service, on demand ride service 1 / a* and has expanded special event service, all of which have increased the demand for driver parking. Based on the amount of office space and industrial/warehouse space in the building, City Code requires 73 parking stalls. SouthWest Transit has identified a typical business need of 115 parking stalls.During special events,the need increases to 140 to 187 stalls because of the number of drivers needed. The proposed plan includes 144 parking stalls. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City;to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: 2 Staff Report— SouthWest Transit Garage October 18, 2018 Page 3 • Impervious Area The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. In 2006 and 2014, Planned Unit Development waivers were approved allowing an impervious surface beyond 30%. The site currently has an impervious surface of 47.97%. With this proposed expansion of the parking on the property, the applicant will be adding some additional pavement. Therefore, the applicant is requesting a waiver for 48.99% impervious surface, which is a 1.02% increase from the current percentage. The applicant is using some pervious pavers; however, the City considers pervious pavement as an impervious surface. The waiver is consistent with the land use designated in the Comprehensive Plan. This area is industrial in nature, is near other industrial properties and is appropriate for more intense uses that do not impact differing land uses. The waiver is in harmony with the general purpose and intent of the Shoreland ordinance. The proposed parking is not closer to the creek than the existing parking. The environmental value of the creek will continue to be protected by buffers and easements. The additional stormwater management, the use of pervious pavers and enhanced landscaping will preserve and enhance the quality of the public water while allowing for utilization of the property. There are circumstances unique to the property such as steep topography, multiple street frontages, the location of the creek and the location of the railroad that are not created by the landowner. Approval of the waiver would be consistent with the essential character of the locality and is a reasonable use of the property due to measures being taken to protect and enhance the quality and character of the shoreland. • Drive Aisle Width City Code requires 25' wide drive aisles. One of the existing drive aisles is 24' 6"wide. The only proposed change in this area is restriping a few stalls as accessible parking stalls. This is an existing condition and still provides adequate room for maneuvering. • Parking Stall Depth City Code requires 19' deep parking stalls. Some of the existing parking stalls are only 18' deep. Other than the compact stalls, all of the new parking stalls meet City Code requirements. This is an existing condition and the City has allowed 18' deep parking stalls on other projects. The site has 71 parking stalls over the number required by City Code. In these situations, the City has allowed compact stalls even though they are smaller in size than a typical parking stall. 3 Staff Report— SouthWest Transit Garage October 18, 2018 Page 4 TREE REPLACEMENT The project will require the removal of seven trees with only one of the trees being significant. City Code allows the removal of less than 10%of significant and heritage trees within a period of 5 years. One significant tree is less than 10%of the significant and heritage trees on this site;therefore,tree replacement is not required. LANDSCAPE PLAN The applicant is adding parking lot islands with plantings. In addition, the applicant is moving toward compliance by adding plantings to existing parking lot islands. Some of the island include only trees. As required by City Code, shrubs, perennials, ornamental grasses and/or ground cover must be added to the islands along with the trees. The proposed shrubs are native to Minnesota and will provide spring, summer and fall color and interest. DRAINAGE The applicant continues to work with the City and the Watershed District on stormwater management and erosion control. WETLAND There is a wetland on the property. The previous wetland delineation is over 5 years old so the applicant has prepared an updated delineation and has submitted it to the City for review.Prior to the 1st reading by the City Council,the boundaries must be shown on the plans along with the wetland buffer. UTILITIES There is a segment of water main in the southwest corner of the site that is not within a public easement. The applicant is in the process of revising the existing Drainage and Utility Easement language and revising a survey to make sure this portion of water main is in a public easement. This must be completed prior to the issuance of a Land Alteration Permit. SUSTAINABLE FEATURES The applicant is installing pervious pavers in some of the parking stalls. The new parking lot lighting will be LED and the landscaping plan includes native plantings. STAFF RECOMMENDATION Recommend approval of the following requests: • Planned Unit Development District Review with waivers on 10.05 acres • Site Plan Review on 10.05 acres This is based on plans stamp dated October 10, 2018 and the following conditions: 4 Staff Report—SouthWest Transit Garage October 18, 2018 Page 5 1. Prior to the 1st reading by the City Council, the applicant shall: A. Revise the plans to show the wetland boundary and wetland buffer. B. Revise the Lighting Plan so the lighting does not exceed .5 footcandles at the property line. C. Revise the Landscaping Plan to include shrubs,perennials, groundcover and/or ornamental grasses in the islands that only have trees. 2. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. E. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. F. Revise the existing Drainage and Utility Easement language and revise the survey to make sure the portion of water main currently not in a public easement is covered by a public easement. 3. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated October 10, 2018. A. Impervious Surface. The City Code allows a maximum impervious surface of 30%. The existing impervious surface area on the site is 47.97%. The applicant is requesting to increase it to 48.99%. B. Drive Aisle Width. City Code requires 25'wide drive aisles. One of the existing drive aisles is 24' 6"wide. C. Parking Stall Depth. City Code requires parking stalls to be 19' deep. Some of the existing parking stalls are only 18' deep. 5 Aerial Map: SouthWest Transit Garage Address:14405 62nd Street W Eden Prairie, Minnesota ,� ,.y • tic , t .i IC '' iv. .- a . . idikt `� , i• V. ; °tit Ikl*" z ` 4,6 - 4g': yip 4 • ! "ti' Count Road 62 '11 - - - 0,-. .1,- �� Y t W 62nd Street .. • f t-i r ,:stk. . % - ' I 4 1,,ill! 1 eo4 1 v, ..ri 1 lir' I Int 1 -:::. ''' *,..., ". p n ' ♦ t. it W ram` • V ' r e y .., 14, id t ii; r:i ' i :. i 41 ty 4..tril ,, % 01111 .. r_ op — . Ts c .. . , ,. .,...-..i.,:.... , „IF 7 8 „. It.:: ' , .,-. . ,,v 4 .1.- - .%).(1 . ..Ill 16 At/ ' • i. i Qi 14 .. 1 oc r ` a , q , .., ... ,..;. A iq " 0 '•;:- r :14' :. L r .4. . / _ %, ' Vb' r I. 1 0 180 360 '0 i, d .. �!i4 .. e 1 - 1 I I I I I I I I_ I s It .� V ti • 1 1 ..lp i - UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Ric Rosow, City Attorney Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE—ROLL CALL Absent was commission members Mette, Villarreal and Weber. C. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: Farr moved, seconded by DeSanctis to approve the minutes of October 8, 2018 with the following changes: on page 12, the motion to approve the Eden Bluff Fourth Addition project should be changed from"landscape and all parking lots"to "landscape in all parking lots", and in the statement regarding temporary screening be corrected to flow correctly instead of being accidentally switched. MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS PLANNING COMMISSION MINUTES October 22, 2018 Page 2 A. SOUTHWEST TRANSIT GARAGE Location: 14405 W 62nd St Request for: • Planned Unit Development District Review with waivers on 10.05 acres • Site Plan Review on 10.05 acres Rosow departed the meeting. Gary Hay of Hay Dobbs, P.A. introduced SouthWest Transit CEO Dave Jacobson and Mike Dartt, SouthWest Transit Facilities Manager. He displayed a PowerPoint and explained the application. SouthWest Transit had two offices located in Eden Prairie: the corporate office on Technology Drive, and the Eden Prairie Garage. The development proposed to build expanded parking which would be developed on its current ten-acre garage site. The development would include 80 percent bus storage, 15 percent maintenance facility, and 5 percent office space. The current 78 parking stalls would need to be expanded. DeSanctis noted in the Comprehensive Plan the City was concerned about the silhouette and profile along Highway 62 and asked what would be altered. Hay replied very little along Highway 62 would be altered. Only the driveway would be seen and the parking would be out of sight behind the entrance. DeSanctis asked if large-caliper trees would be added to the location. Hay replied there were no specific plans for this, but trees would be planted. A rock island at the entry was being converted to trees. DeSanctis asked how many staff would be relocated with the corporate office. Hay replied 10 staff. DeSanctis asked for and received confirmation this would have a negligible effect on the traffic flow on the frontage road. Farr stated he would not want the storage water to overflow too quickly and breach the retaining wall. Hay replied the engineers worked with Nine Mile to prevent this. He explained the parking locations. Farr asked if any consideration had been made to share the parking resources to prevent empty parking surfaces at night. Hay replied this was considered; however, storage was full when the drivers arrived in the morning, and in the evening the vehicles would have to be moved to park the buses for the night. Klima presented the staff report. The applicant proposed to expand the existing parking on the property located at 14405 62nd Street West, located south of 62nd Street Wes and just east of Indian Chief Road. The site included an existing maintenance garage with warehouse and office space. The existing site included 72 parking spaces; City Code requires 73 parking stalls. Due to the future demolition of the SouthWest Transit corporate offices on Technology Drive, the relocation of SouthWest Transit staff from the corporate offices to this site and expanded transit services, SouthWest Transit identified a need for expanded parking on this site. PLANNING COMMISSION MINUTES October 22, 2018 Page 3 The applicant proposed to add 72 parking stalls to bring the total to 144. The site plan proposed additional parking on the north, east and south sides of the property. Because the property was a shoreland district, the applicant requested a waiver to the maximum impervious surface allowed in the shoreland district. Staff recommended approval of the application. Farr had a question regarding the fuel gas tank for diesel fuel, and saw no jurisdiction or regulatory review of adding the aboveground grade fuel station, and asked if there compliance issues to consider regarding groundwater concerns. Klima there may be additional reviews aside from the aboveground review from the Fire Department or county hazardous materials department. MOTION: Farr moved, seconded by Kirk to close the public hearing. MOTION CARRIED 6-0. MOTION: Farr moved, seconded by Higgins to recommend approval of the SouthWest Transit Garage project based on information contained in the October 18, 2018 staff report and plans stamp dated October 10, 2018. MOTION CARRIED 6-0. H. PLANNERS' REPORT Klima announced earlier this spring when the City Council adopted the moratoriums on sexually oriented businesses and pawn shops, it also adopted a moratorium on the retail sale of firearms.; however, staff was directed to research any studies on the effects or impacts of firearms retail sales and also provide the opportunity to get input from the community. Both were completed. There is no real research locally or nationally on firearm sales impacts. The City used City Connect to gain community feedback on 1) concerns about firearms sales, 2) specific areas where such sales should take place and 3) support for distance requirements, with mixed responses without a single directive. Staff did not have a recommendation Staff sought feedback or reaction from the commission to carry forward to the City Council on a future work session to which the Planning Commission members would be invited. DeSanctis asked for and received clarification this discussion pertained to new firearms dealers, and not existing retail outlets such as Gander Mountain or Walmart. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT PLANNING COMMISSION MINUTES October 22, 2018 Page 4 MOTION: Kirk moved, seconded by Higgins to adjourn the meeting. MOTION CARRIED 6-0. Chair Pieper adjourned the meeting at 9:02 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment— Sexually IX.F. Janet Jeremiah/Julie Klima Oriented Businesses &Pawn Shops Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to Amend City Code Sections 11.02 and 11.30 related to Sexually Oriented Businesses; and • Approve 1st Reading of the Ordinance to Amend City Code Section 11.02 and 11.25 related to Pawnshops and Precious Metal Dealers. Synopsis Staff has prepared ordinances for the City Council to consider that establish definitions of sexually oriented businesses and pawn shops in Chapter 11 (Zoning). The ordinances also propose to amend Chapter 11 to identify the zoning districts where these uses would be permitted uses. Sexually oriented business are proposed to be permitted uses in the I2 and IS zoning districts subject to the retail space regulation of 15% of the gross floor area of a building that can be used for retail purposes. In the case of a multi-tenant building, the 15% retail area is cumulative for the entire building rather than calculated as 15% per individual tenant. The draft language also provides for a 1,000 foot distance requirements from schools, daycares, places of worship, other sexually oriented businesses and residential uses. Consistent with current licensing requirements, pawn shops and precious metal dealers are proposed as a permitted use in the Commercial-Regional and Commercial Regional Services districts. Staff is also proposing a 1,000 foot distance requirement from other pawn shops or precious metal dealers. Background On June 12, 2018, the City Council adopted an ordinance temporarily prohibiting new adult use establishments and pawn shops. Further, the Council approved a resolution authorizing the study of those uses in order to determine amendments necessary to the City Code to protect the public health, safety, welfare and provide for sound planning related to these uses. The City Code currently does not address adult use establishments/sexually oriented businesses in any of the Chapters. Without specific definition and zoning district regulations, a business could claim that it is a permitted use in any appropriate zoning district under the general retail definition currently provided in City Code. Chapter 5 (Business Licensing) does address licensing requirements for pawn brokers. This section of the City Code establishes a definition for pawnshop and precious metal dealer. Further, Chapter 5 requires that pawnshop and precious metal dealers be located in the Regional Commercial and Regional Services zoning districts. Staff is proposing that the definition in Chapter 5 be carried forward to Chapter 11 and that Chapter 11 be amended to list pawnshop and precious metal dealers as a permitted use in the C-Reg and C-Reg-Ser zoning districts. Staff has researched current code language and other local communities and found that most other communities surveyed(Chanhassen, Edina, Bloomington, Richfield, Minnetonka, Plymouth, Maple Grove, Woodbury, Hopkins)require licensing of these businesses and direct their locations to specific zoning districts. Many of the communities also provide distance requirements for sexually oriented businesses from other uses such as daycares, schools,places of worship and residential uses. Only one community surveyed(Maple Grove) included a distance requirement for pawn shops from uses such as daycares, schools, places of worship or residential uses. Maple Grove requires a 750 foot distance requirement. Planning Commission Recommendation At its October 22, 2018, meeting the Planning Commission voted 6-0 to recommend approval of the proposed code amendments subject to the information in the staff report dated October 18, 2018. Attachments 1. Ordinance- Sexually Oriented Businesses 2. Ordinance—Pawnshops and Precious Metal Dealers 3. Staff Report dated 10/18/18 4. Unapproved Planning Commission Minutes from 10/22/18 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.30,RELATING TO SEXUALLY ORIENTED BUSINESSES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, Section 11.02, is hereby amended by inserting a definition for Sexually Oriented Business as follows: (items to be renumbered) "Sexually Oriented Business"—As defined in City Code Section 5.77, Subdivision 2. Section 2. City Code Chapter 11, Section 11.30, Subdivision 2, is hereby amended by adding the following new subsection P: P. Sexually oriented businesses within the I-2 and I-5 Zoning Districts, subject to the limitations contained in Subdivision 5 of this Section. The sexually oriented business, together with other commercial uses permitted under this Section, may not exceed 15% of the gross Floor Area Ratio of the building they occupy. Section 3. City Code Chapter 11, Section 11.30, is hereby amended by adding the following new Subdivision 5: Subd. 5. Sexually Oriented Businesses. A. Purpose and Findings. The purpose of this Subdivision is to control, through zoning regulations, sexually oriented businesses,which have a direct and detrimental effect on the character of the City's residential and commercial neighborhoods. The City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods. 1. Sexually oriented businesses can exert a dehumanizing influence on persons attending places of worship; children attending day care facilities; and students attending public or private schools. 2. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law-enforcement services. 3. Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. 4. The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating. Other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to overall urban blight. B. Permitted Use. Sexually oriented businesses are a permitted use in the I-2 and I-5 Industrial Park Districts as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this Subdivision. Sexually oriented businesses are prohibited in all other districts. C. Performance Standards. All sexually oriented businesses shall comply with the following performance standards: 1. No sexually oriented business may be located closer than 1000 feet from any other sexually oriented business. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the other sexually oriented business. 2. No sexually oriented business may be located closer than 1000 feet from any place of worship, day care facility, or school. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the place of worship, day care facility, or school. 3. No sexually oriented business may be located closer than 1000 feet from any residential use. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the residential use. D. Licensing. All sexually oriented businesses shall comply with the licensing requirements of City Code Section 5.77. E. Sign Regulations. In addition to the sign regulations contained in Section 11.70, the following sign regulations apply to all sexually oriented businesses in the City. Where a provision of this subsection E conflicts with a provision of Section 11.70, the more restrictive provision will apply. 1. All signs shall be wall signs. Free-standing signs, readerboard signs, and dynamic displays are prohibited. 2. The amount of allowable sign area is 10%of the wall area that the sexually oriented business occupies of the wall to which it is affixed or 30 square feet, whichever is less. 3. No merchandise, photos, or pictures of the products or entertainment on the premises may be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building in which the sexually oriented business is located. 4. No signs may be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 13th day of November, 2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.25, RELATING TO PAWNSHOPS AND PRECIOUS METAL DEALERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, Section 11.02, is hereby amended by inserting definitions for Pawnshop and Precious Metal Dealer as follows: (items to be renumbered) "Pawnshop"—As defined in City Code Section 5.71, Subdivision 2. "Precious Metal Dealer"—As defined in City Code Section 5.71, Subdivision 2. Section 2. City Code Chapter 11, Section 11.25, Subdivision 2, is hereby amended by adding the following new subsection K: K. Pawnshops and precious metal dealers within the C-REG and C-REG-SER Districts, subject to the limitation contained in Subdivision 4 of this Section. Section 3. City Code Chapter 11, Section 11.25, is hereby amended by adding the following new Subdivision 4: Subd. 4. Pawnshops and Precious Metal Dealers. A. No pawnshop or precious metal dealer may be located closer than 1000 feet from any other pawnshop or precious metal dealer. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the pawnshop or precious metal dealer to the nearest point of the property line of the building occupied by the other pawnshop or precious metal dealer. B. All pawnshops and precious metal dealers shall comply with the licensing requirements of City Code Section 5.71. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 13th day of November, 2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 18, 2018 SUBJECT: Code Amendment—Sexually Oriented Businesses and Pawn Shops BACKGROUND On June 12, 2018, the City Council adopted an ordinance temporarily prohibiting new adult use establishments and pawn shops. Further, the Council approved a resolution authorizing the study of those uses in order to determine amendments necessary to the City Code to protect the public health, safety, welfare and provide for sound planning related to these uses. Staff has researched current code language and other local communities and found that most other communities surveyed(Chanhassen, Edina, Bloomington, Richfield, Minnetonka, Plymouth, Maple Grove, Woodbury, Hopkins)require licensing of these businesses and direct their locations to specific zoning districts. Many of the communities also provide distance requirements from other uses such as daycares, schools, places of worship and residential uses. EXISTING CITY CODE LANGUAGE The City Code currently does not address adult use establishments/sexually oriented businesses in any of the Chapters. Without specific definition and zoning district regulations, a business could claim that it is a permitted use in any appropriate zoning district under the general retail definition currently provided in City Code. Chapter 5 (Business Licensing) does address licensing requirements for pawn brokers. This section of the City Code establishes a definition for pawnshop and precious metal dealer. Further, Chapter 5 requires that pawnshop and precious metal dealers be located in the Regional Commercial and Regional Services zoning districts. Staff is also proposing that a distance requirement of 1,000 feet from any other pawnshop or precious metal dealer. PROPOSED LANGUAGE Pawnshops Staff is proposing that Chapter 11 (Zoning)be amended to include the definitions for pawnshop and precious metal dealer as defined in Chapter 5. "Pawnshop" —means the location at which or premises in which a pawnbroker regularly conducts business. "Precious Metal Dealer" — means any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. Staff is further recommending that Chapter 11 be amended to add pawn shops and precious metal dealers as permitted uses within the Regional Commercial and Commercial Regional Services zoning districts subject to the licensing requirements in Chapter 5. Sexually Oriented Businesses The Police Department and legal staff are drafting licensing requirements for sexually oriented businesses. These code amendments will be placed in Chapter 5 and reviewed by the City Council. Staff is proposing that the definition of sexually oriented businesses be added to Chapter 11 as noted below. A. "Sexually oriented business"means: 1. a business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis: a. has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in sexually oriented materials; b. devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public)to sexually oriented materials; or c. derives more than 25% of its gross revenues from sexually oriented materials; or 2. a business that engages for any length of time in a sexually oriented use as defined in subsection C below or any other use that has an emphasis on specified sexual activities or specified anatomical areas. B. "Sexually oriented materials" means visual, printed, or audio materials, and other objects or devices, that: 1. contain, depict, simulate or describe specified sexual activities or specified anatomical areas; or 2. are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or 3. are designed for sexual stimulation. C. "Sexually oriented use" means any of the following activities and businesses, even if the activity exists for only a short time: 1. "Adult body painting studio"means an establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non- transparent, to the body of a patron when the person is nude. 2. "Adult bookstore" means an establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio, video, or other digital media, movies, or motion picture film if it meets the criteria established in subsection A above. 3. "Adult cabaret" means a business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on: (1) the depiction of nudity, specified sexual activities, or specified anatomical areas; or(2) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire. 4. "Adult companionship establishment" means a business or establishment that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 5. "Adult conversation/rap parlor" means a business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 6. "Adult health/sport club" means a health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 7. "Adult hotel or motel"means a hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 8. "Adult massage parlor/health club" means a massage parlor or health club that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 9. "Adult mini-motion picture theater" means a business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies,motion pictures,or other material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 10. "Adult modeling studio" means a business or establishment that provides live models who,with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed,painted,painted upon, sketched, drawn, sculptured,photographed, or otherwise depicted. 11. "Adult motion picture arcade"means any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image- producing devices are used to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 12. "Adult motion picture theater" means a motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons. 13. "Adult novelty business" means an establishment or business that has a variety of items for sale if it meets the criteria established in subsection A.1.a above. 14. "Adult sauna" means a sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 15. "Adult steam room/bathhouse facility" means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. D. "Specified anatomical areas"means: 1. less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and 2. human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. E. "Specified sexual activities"means: 1. Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation;bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism; or zooerastia; 2. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 4. Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts, except touching the buttocks of a person receiving a massage if done upon the person's request and only for medical purposes such as relieving pain or muscle soreness; 5. Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering,binding, or other physical restraint of any person; 6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or F. Human excretion, urination, menstruation, or vaginal or anal irrigation. Staff is also recommending that sexually oriented businesses be allowed as a permitted use in the I2 and I5 zoning districts subject to the retail space regulations of these zoning districts. The I2 and I5 zoning districts allow 15% of the gross floor area of buildings to be utilized for retail purposes. In the case of a multi-tenant building, the 15%retail area is cumulative for the entire building rather than 15%per individual tenant. Staff is also proposing that distance requirements of 1000 feet be provided for sexually oriented businesses from any place of worship, day care facility, school, residential use or other sexually oriented business. STAFF RECOMMENDATION Staff recommends approval of the code amendment to sexually oriented businesses and pawn shops as represented in the October 18, 2018 staff report and draft ordinances. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Ric Rosow, City Attorney Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE—ROLL CALL Absent was commission members Mette, Villarreal and Weber. C. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: Farr moved, seconded by DeSanctis to approve the minutes of October 8, 2018 with the following changes: on page 12, the motion to approve the Eden Bluff Fourth Addition project should be changed from"landscape and all parking lots"to "landscape in all parking lots", and in the statement regarding temporary screening be corrected to flow correctly instead of being accidentally switched. MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS PLANNING COMMISSION MINUTES October 22, 2018 Page 2 A. CODE AMENDMENT FOR SEXUALLY ORIENTED BUSINESSES AND PAWN SHOPS Request for: • Amend City Code Chapter 11 relating to Sexually Oriented Businesses and Pawn Shops Klima presented the staff report. At the City Council's annual goal-setting and visioning session held in late winter there was discussion on such sensitive uses such as pawn shop and sexually-orientated businesses and what ordinances did or did not exist. Pawn shops were regulated under Chapter 5 of the City Code. There were at present no pawn shops or precious metal business in Eden Prairie, but Chapter 5 includes restrictions as to which zoning districts in which they would be allowed. Eden Prairie was one of few communities that had nothing on the books regarding sexually oriented businesses. The City Council adopted a moratorium on both uses in June of 2018 to allow staff to research and study the issues, and come back with recommendations. Staff proposed that Chapter 11 (Zoning)be amended to include the definitions for pawnshop and precious metal dealer as defined in Chapter 5. Staff further recommended that Chapter 11 be amended to add pawn shops and precious metal dealers as permitted uses within the Regional Commercial and Commercial Regional Services zoning districts subject to the licensing requirements in Chapter 5. The Police Department and legal staff were drafting licensing requirements for sexually oriented businesses. These code amendments would be placed in Chapter 5 and reviewed by the City Council. Staff proposed that the definition of sexually oriented businesses be added to Chapter 11 and that sexually oriented businesses be allowed as a permitted use in the I2 and I5 zoning districts subject to the retail space regulations of these zoning districts. The I2 and I5 zoning districts allowed 15% of the gross floor area of buildings to be utilized for retail purposes. In the case of a multi-tenant building, the 15 percent retail area would be cumulative for the entire building rather than 15 percent per individual tenant. Staff also proposed that distance requirements of 1,000 feet be provided for sexually oriented businesses from any place of worship, day care facility, school, residential use or other sexually oriented business. Staff recommended approval. DeSanctis asked on what criteria the 1,000-foot buffer, which he thought was arbitrary and insufficient, was based upon. Klima replied staff looked at other regional communities, and some had no distance requirements, others ranged from 250 feet to 1,000 feet. None exceeded 1,000 square feet. Freiberg asked if there are currently or proposed to be any of these businesses in Eden Prairie. Klima replied there were a variety of factors as to why Eden Prairie did not emerge as a possible audience for these businesses; it could be Eden Prairie's property values did not align with such businesses, or there was not a market for such services. PLANNING COMMISSION MINUTES October 22, 2018 Page 3 Pieper asked for and received confirmation there were no current applications for either type of business. Klima reiterated this was a purely proactive change. Kirk asked for comparisons to other communities for the distance requirement for pawn shops. Klima replied only one community, Maple Grove, was found to have a distance requirement; theirs was 750 feet. DeSanctis reiterated the need for the greatest possible distance for sexually oriented businesses and schools, day cares, and places of worship. Klima replied the 1,000 foot was the maximum utilized in other communities researched. Freiberg replied he would be in favor of whatever the maximum would be. Farr stated he also preferred the most distance possible, and at 1,000 feet, signage was illegible unless it violated City code in using a very large font. He added he found the route, rather than the distance of separation, to be of upmost importance—if the children had to pass such a business on their way to school, distance was a poor metric. However, this was very difficult to regulate. DeSanctis added legislating a greatest possible distance could become in effect a legislation of what kind of businesses existed in Eden Prairie. Kirk agreed Eden Prairie should be on the upper end of the regional norms for the sexually oriented businesses, but was surprised at the metric for the pawn shops. Pieper asked if there was a law regarding selling illegal drugs near schools. Klima replied this was not included in the research. Pieper also agreed with Eden Prairie being at the upper limits for a distance buffer. MOTION: Higgins moved, seconded by Freiberg to close the public hearing. MOTION CARRIED 6-0. MOTION: Higgins moved, seconded by Kirk to recommend approval of the Code amendment of sexually oriented businesses and pawn shops based on information contained in the October 18, 2018 staff report. MOTION CARRIED 6-0. H. PLANNERS' REPORT Klima announced earlier this spring when the City Council adopted the moratoriums on sexually oriented businesses and pawn shops, it also adopted a moratorium on the retail sale of firearms.; however, staff was directed to research any studies on the effects or impacts of firearms retail sales and also provide the opportunity to get input from the community. Both were completed. There is no real research locally or nationally on firearm sales impacts. The City used City Connect to gain community feedback on 1) concerns about firearms sales, 2) specific areas where such sales should take place and 3) support for distance requirements, with mixed responses without a single directive. Staff did not have a recommendation Staff sought feedback or reaction from the commission to PLANNING COMMISSION MINUTES October 22, 2018 Page 4 carry forward to the City Council on a future work session to which the Planning Commission members would be invited. DeSanctis asked for and received clarification this discussion pertained to new firearms dealers, and not existing retail outlets such as Gander Mountain or Walmart. I. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Kirk moved, seconded by Higgins to adjourn the meeting. MOTION CARRIED 6-0. Chair Pieper adjourned the meeting at 9:02 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 13 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 263592 - 264141 Wire Transfers 1021006 - 1021263 Wire Transfers 6800 - 6842 Purchasing Card 6822 City of Eden Prairie Council Check Summary 11/13/2018 Division Amount Division Amount 51,503 304 Senior Board 197 100 City Manager 4,992 308 E-911 81 101 Legislative 33,523 309 DWI Forfeiture 2,121 102 Legal Counsel 49,655 315 Economic Development 21,947 110 City Clerk 148 445 Cable PEG 2,212 111 Customer Service 5,865 502 Park Development 2,441 112 Human Resources 1,136 509 CIP Fund 248,428 113 Communications 15,876 512 CIP Trails 172,310 114 Benefits&Training 14,851 513 CIP Pavement Management 699 130 Assessing 692 522 Improvement Projects 2006 44,664 131 Finance 4,524 531 Eden Prairie Road 5,378 132 Housing and Community Services 7,975 532 EP Road Connect Flying Cloud 924 133 Planning 514 538 SingleTree Lane South 2,958 136 Public Safety Communications 7,907 804 100 Year History 97 137 Economic Development -1,534 Total Capital Projects Fund 504,456 138 Community Development Admin. 554 150 Park Administration 395 601 Prairie Village Liquor 177,558 151 Park Maintenance 62,494 602 Den Road Liquor 351,834 153 Organized Athletics 1,244 603 Prairie View Liquor 168,875 154 Community Center 39,139 605 Den Road Building 1,387 156 Youth Programs 21,805 701 Water Enterprise Fund 367,515 157 Special Events 1,271 702 Wastewater Enterprise Fund 729,774 158 Senior Center 4,243 703 Stormwater Enterprise Fund 14,062 159 Recreation Administration 1,933 Total Enterprise Fund 1,811,004 160 Therapeutic Recreation 110 162 Arts 5,455 802 494 Commuter Services 42,945 163 Outdoor Center 2,315 803 Escrow Fund 177,301 164 Park Rental Facilities 174 806 SAC Agency Fund 17,395 168 Arts Center 1,105 807 Benefits Fund 1,292,431 180 Police 33,025 809 Investment Fund 9,192 184 Fire 42,812 810 Workers Comp Insurance 14,922 186 Inspections 3,731 811 Property Insurance 65 200 Engineering 5,197 812 Fleet Internal Service 76,853 201 Street Maintenance 75,594 813 IT Internal Service 93,331 202 Street Lighting 162,662 814 Facilities Capital ISF 61,454 Total General Fund 662,885 815 Facilites Operating ISF 72,820 816 Facilites City Center ISF 110,682 301 CDBG 63,776 817 Facilites Comm.Center ISF 93,872 303 Cemetary Operation 1,125 Total Internal Svc/Agency Funds 2,063,262 Total Special Revenue Fund 64,901 Report Total 5,106,907 435 2008B G.O.Improvement Bonds 400 Total Debt Service Fund 400 City of Eden Prairie Council Check Register by GL 11/13/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 263689 348,871 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Oct 2018 263973 348,871 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Nov 2018 263947 260,277 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Nov 2018 6811 250,239 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 10.12.18 6827 246,415 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 10.26.18 263608 237,410 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment Valley View Trail Rehab 264112 170,311 PETERSON COMPANIES Other Contracted Services CIP Trails Valley View Trail Extension 6825 170,244 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 10.12.18 6809 170,129 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 09.28.18 263849 137,500 PARK NICOLLET Deposits Escrow Release of cash for bond 6802 125,294 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Sept 2018 1021241 89,732 XCEL ENERGY Other Contracted Services Street Lighting 1021192 77,722 XCEL ENERGY Electric Street Lighting 1021073 69,991 XCEL ENERGY Electric Street Lighting 6822 69,102 USB-PURCHASING CARD Repair&Maint.Supplies Utility Operations-General 1021170 51,490 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 263957 50,787 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 264088 50,097 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 263931 44,750 DEPARTMENT OF CORRECTIONS Other Contracted Services Street Maintenance 1021126 38,540 XCEL ENERGY Electric Den Road Liquor Store 1021173 37,037 LOGIS Hardware-R&M IT Operating 1021118 36,300 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution 263752 35,085 SEBCO INC Other Contracted Services Facilities Capital 263997 33,119 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1021046 29,038 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 1021166 27,229 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 6816 26,864 FURTHER-AKA SELECT Other Deductions Health and Benefits 1021214 26,584 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Capital 263679 26,369 LAVAN FLOOR COVERING Other Contracted Services Facilities Capital 6813 24,897 EMPOWER Deferred Compensation Health and Benefits 6829 24,493 EMPOWER Deferred Compensation Health and Benefits 1021180 23,993 PARROTT CONTRACTING INC Equipment Repair&Maint Wasterwater Collection 1021236 23,271 SRF CONSULTING GROUP INC Design&Engineering Escrow 263672 23,184 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 264002 21,521 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 263725 21,329 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 263823 20,897 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 6828 18,514 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 264003 18,353 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6812 18,248 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 263655 18,079 GRAYMONT Treatment Chemicals Water Treatment 264106 18,000 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 263771 17,793 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 263970 17,496 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 263834 17,221 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 264130 17,010 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 263885 16,565 TOLL BROTHERS Deposits Escrow 263613 16,128 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 263779 15,000 CAMBRIA TITLE Refunds CDBG-Public Service 263879 15,000 STERLING TITLE,LLC Accounts Receivable TIF-Eden Shores Senior Housing 263891 15,000 WEST TITLE LLC Refunds CDBG-Public Service 264074 14,888 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg FF&E-Furn,Fixtures&Equip. 1021052 14,746 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 264051 14,554 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 6805 14,497 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 263964 14,390 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 264117 14,336 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 263774 14,211 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 6820 14,187 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1021219 13,866 CENTERPOINT ENERGY Gas General Community Center 1021232 13,799 POMP'S TIRE SERVICE INC Tires Fleet Operating 1021038 13,675 WSB&ASSOCIATES INC Design&Engineering General Fixed Asset Account Gr 264116 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 1021226 13,536 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 2006 264052 13,323 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 263913 13,105 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 264005 12,786 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 263956 12,136 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 263989 11,996 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 264086 11,897 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 263856 11,875 PROFORMA Advertising Prairie Village Liquor Store 6806 11,749 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 1021040 11,677 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Capital 6821 11,512 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 264129 11,500 SOCCER SHOTS Instructor Service Preschool Events 264050 11,423 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 264065 11,299 DECKS UNLIMITED Other Contracted Services Rehab 6837 11,284 FURTHER-AKA SELECT HSA-Employer Health and Benefits 263775 11,167 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1021120 11,000 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 6804 10,981 FURTHER-AKA SELECT HSA-Employer Health and Benefits 263669 10,934 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 263874 10,805 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 6800 10,425 CARD CONNECT Bank and Service Charges Community Center Admin 263916 10,107 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 263614 9,940 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 6817 9,898 FURTHER-AKA SELECT HSA-Employee Health and Benefits 263617 9,637 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1021174 9,605 LOVEGREEN INDUSTRIAL SERVICES INC Equipment Repair&Maint Water Treatment 263724 9,443 SIGNSOURCE Contract Svcs-General Bldg City Center-CAM 1021157 9,211 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 264000 9,192 SECURIAN ASSET MANAGEMENT INC Interest Investment Fund 1021060 9,099 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Center-CAM 264082 9,026 HP INC Computers IT Operating 263912 8,875 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 263809 8,865 GRAYMONT Treatment Chemicals Water Treatment Check# Amount Supplier/Explanation Account Description Business Unit Comments 263946 8,826 GRAYMONT Treatment Chemicals Water Treatment 264075 8,768 GRAYMONT Treatment Chemicals Water Treatment 263822 8,423 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 263670 8,339 JOHN A DALSIN&SON INC Contract Svcs-Roof Fire Station#4 263625 8,297 COMMERCIAL ASPHALT CO Asphalt Overlay Wasterwater Collection 263889 8,249 VERIZON WIRELESS Other Contracted Services IT Operating 6831 8,137 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1021059 7,937 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs-HVAC Dunn Brothers 263635 7,890 DUNSMORE ASPHALT INC Equipment Repair&Maint Water Distribution 263780 7,757 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 263770 7,725 BLOOMINGTON HEATING&AIR Other Contracted Services Rehab 1021177 7,511 MITY-LITE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 264024 7,478 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 1021217 7,373 BIFFS INC Waste Disposal Park Maintenance 263865 7,350 SEBCO INC Contract Svcs-Asphalt/Concr. Maintenance Facility 1021064 7,255 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Water Supply(Wells) 1021147 7,149 PHYSIO CONTROL INC EMS Supplies Fire 6841 7,001 CARD CONNECT Bank and Service Charges Community Center Admin 263763 6,790 AQUA ENGINEERING INC Other Contracted Services General Fixed Asset Account Gr 263999 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 263852 6,471 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 264113 6,398 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 263713 6,346 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 263902 6,341 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 263927 6,183 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 263795 6,182 DOSSIER SYSTEMS,INC Software Maintenance IT Operating 263750 6,152 YOUNG DEBORAH Other Contracted Services Rehab 1021069 6,038 WALL TRENDS INC Contract Svcs-General Bldg Dunn Brothers 263846 6,024 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 263985 5,780 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 263893 5,516 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1021115 5,406 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs-Plumbing Ice Arena Maintenance 263857 5,378 PULTE GROUP Prepaid Assessments Eden Prairie Road 1021039 5,372 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1021216 5,347 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1021110 5,205 HAWKINS INC Treatment Chemicals Water Treatment 264119 5,182 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing&Uniforms Facilities Staff 263887 5,121 TYLER TECHNOLOGIES INC Software IT Capital 264030 5,092 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 263796 5,080 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1021043 5,054 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 6838 5,050 FURTHER-AKA SELECT HRA Health and Benefits 263593 5,000 7575 MANAGMENT LLC Deposits Escrow 264096 4,959 METERING&TECHNOLOGY SOLUTIONS Merchandise for Resale Water Metering 1021063 4,833 POMP'S TIRE SERVICE INC Tires Fleet Operating 263747 4,822 WEBBER RECREATIONAL DESIGN INC Machinery&Equipment Capital Outlay Parks 263855 4,610 PRINTING ENTERPRISES INC Printing Communications 263961 4,600 KNECHT'S NURSERIES&LANDSCAPING INC Landscape Materials/Supp Capital Maint.&Reinvestment 264111 4,575 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 264107 4,524 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage Check# Amount Supplier/Explanation Account Description Business Unit Comments 264019 4,516 TYLER TECHNOLOGIES INC Software IT Operating 263815 4,508 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1021260 4,497 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities 1021163 4,408 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 263704 4,275 OFFICE TEAM Deposits 494 Corridor Commission 1021044 4,250 CENTERPOINT ENERGY Gas Wastewater Lift Station 6823 4,182 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 263917 4,138 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 263756 4,100 ACROSS THE STREET PRODUCTIONS Dues&Sub-Cert&Licensing Fire 1021263 4,037 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 1021161 4,017 A-SCAPE INC Contract Svcs-Lawn Maint. Building 51 264066 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 263936 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 263801 3,760 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 263753 3,739 4IMPRINT Printing Communications 264020 3,722 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 263644 3,657 EPAM ROTARY FOUNDATION Deposits Den Road Liquor Store 264042 3,587 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 263681 3,483 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 1021125 3,458 WM MUELLER AND SONS INC Gravel Stormwater Collection 263863 3,424 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 6833 3,421 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 263838 3,415 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 263850 3,385 PARK NICOLLET CLINIC Health&Fitness Fire 264069 3,349 EPIC EVENT RENTAL Other Contracted Services Internal Events 263601 3,340 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 263665 3,244 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1021067 3,184 STREICHERS Clothing&Uniforms Police 263647 3,180 FIRE SAFETY USA INC Equipment Testing/Cert. Fire 263618 3,149 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 263660 3,135 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1021106 3,114 DAKOTA SUPPLY GROUP INC Equipment Parts Water Metering 263888 3,113 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 264025 3,100 VERTIV SERVICES INC Hardware-R&M IT Operating 264079 3,100 HILDI INC Audit&Financial Finance 263929 3,098 CROSS NURSERIES Landscape Materials/Supp Capital Maint.&Reinvestment 263748 3,093 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 263847 3,065 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 1021133 3,031 CURB MASTERS INC Building Materials Capital Maint.&Reinvestment 263677 3,000 LANDMARK REMODELING LLC Other Contracted Services Rehab 263688 3,000 MESSERLI&KRAMER Deposits 494 Corridor Commission 263843 3,000 MUELLER CO Repair&Maint.Supplies Water Metering 263854 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1021237 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 264084 2,960 INFRARED CONSULTING SERVICES INC Contract Svcs-HVAC City Center-CAM 1021162 2,954 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 263941 2,935 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1021033 2,869 VAN PAPER COMPANY Cleaning Supplies City Hall(City Cost) 264080 2,855 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1021186 2,817 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 263686 2,796 MEDICINE LAKE TOURS Special Event Fees Trips 263805 2,790 FINLEY BROS INC Other Contracted Services Capital Maint.&Reinvestment 263742 2,772 USTA-NORTHERN SECTION Instructor Service Tennis 1021137 2,757 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 263619 2,723 CENTURYLINK Fiber Lease Payments IT Operating 263998 2,722 RETROFIT COMPANIES,INC,THE Supplies-Electrical Ice Arena Maintenance 263634 2,704 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 263988 2,703 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 263616 2,702 BRYAN ROCK PRODUCTS INC Gravel Wasterwater Collection 263642 2,680 EMPLOYER SERVICES STAFFING GROUP Deposits 494 Corridor Commission 263663 2,673 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 263691 2,668 MIDWEST PLAYSCAPES Landscape Materials/Supp Staring Lake 263897 2,578 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 263900 2,577 ALLINA HEALTH SYSTEM Training Supply-Operating Fire 1021168 2,556 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Fleet Operating 263914 2,554 BRYAN ROCK PRODUCTS INC Gravel Wasterwater Collection 1021124 2,540 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 264141 2,538 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 264012 2,514 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 263872 2,490 SIGNSOURCE Other Contracted Services Arts 1021062 2,475 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof City Center-CAM 1021222 2,414 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 263612 2,339 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 263812 2,321 GSD HANDYMAN SERVICES LLC Other Contracted Services Rehab 1021158 2,311 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 1021119 2,283 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Safety Communications 263791 2,264 CORE&MAIN Equipment Parts Water Distribution 1021238 2,260 STREICHERS Clothing&Uniforms Police 6842 2,260 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 264070 2,250 FACILITIES MANAGEMENT EXPRESS LLC Software IT Operating 263851 2,233 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 263598 2,232 ACCOUNTEMPS Deposits 494 Corridor Commission 263657 2,232 HAMPTON INN EDEN PRAIRIE Reimburse-legal notices Escrow 263710 2,230 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1021051 2,212 GRANICUS INC Equipment Repair&Maint Cable PEG 263607 2,096 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 263656 2,079 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Prairie View Liquor Store 263950 2,061 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 263839 2,059 MINTAHOE INC Other Contracted Services Wine Club/Events 264091 2,055 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 1021190 2,039 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 263676 2,001 KIRBY BUILT Signs Capital Outlay Parks 1021011 2,000 BRAUN INTERTEC CORPORATION Other Contracted Services CIP Trails 264095 1,972 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 263765 1,935 ARVIG Fiber Lease Payments IT Operating 264041 1,929 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 264097 1,925 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI OCS-Monitoring Stormwater Non-Capital 263841 1,913 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 263954 1,890 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 264033 1,830 EDEN PRAIRIE FOUNDATION Deposits Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 263680 1,813 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits 264124 1,800 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 264133 1,782 STERLING FENCE INC Landscape Materials/Supp Street Maintenance 1021240 1,757 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1021057 1,750 METRO ELEVATOR INC Contract Svcs-Elevator City Center-CAM 264044 1,745 AT YOUTH PROGRAMS LLC Instructor Service Tennis 263915 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 263764 1,707 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 264016 1,695 TOWN&COUNTRY FENCE Contract Svcs-General Bldg Police(City Cost) 263968 1,675 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 264104 1,650 MUELLER CO Merchandise for Resale Water Metering 264087 1,640 JOHN A DALSIN&SON INC Contract Svcs-Roof Fire Station#4 1021104 1,637 BOYER TRUCKS Equipment Parts Fleet Operating 1021191 1,601 WM MUELLER AND SONS INC Gravel Wasterwater Collection 263945 1,600 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 263817 1,588 HOMELINE Other Contracted Services Housing and Community Service 263788 1,560 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development 263609 1,555 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies Water Supply(Wells) 1021221 1,537 ELECTRIC PUMP Equipment Parts Wastewater Lift Station 263953 1,516 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 264048 1,515 BLOOMINGTON,CITY OF Kennel Services Animal Control 1021262 1,515 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 263766 1,504 ASPEN MILLS Clothing&Uniforms Fire 263630 1,500 CUSTOMIZED FIRE RESCUE TRAINING INC Tuition Reimb-College Tuition Fire 1021183 1,489 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center-CAM 264037 1,459 ACCELERATED TECHNOLOGIES LLC Operating Supplies Pool Operations 263882 1,450 SUNSHINE FITNESS RESOUCES,LLC Licenses,Taxes,Fees IT Operating 264055 1,450 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services City Council 263944 1,443 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution 263886 1,435 TRILLIUM TOWER DEVELOPMENT INC Equipment Repair&Maint Public Safety Communications 264045 1,424 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1021105 1,424 CENTERPOINT ENERGY Gas Den Road Liquor Store 263781 1,411 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 1021261 1,406 VINOCOPIA Liquor Product Received Den Road Liquor Store 263709 1,387 PARK NICOLLET CLINIC Employment Support Test Organizational Services 263757 1,370 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1021109 1,368 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 263810 1,365 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1021224 1,335 FILTRATION SYSTEMS Contract Svcs-HVAC City Center-CAM 1021141 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM 263749 1,330 YORKTOWN OFFICES Deposits 494 Corridor Commission 263859 1,321 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 1021100 1,309 VINOCOPIA Liquor Product Received Den Road Liquor Store 263701 1,305 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 263813 1,305 HALDEMANN HOMME INC Supplies-General Building City Hall(City Cost) 263955 1,305 INTERTECH INC Contract Development IT Operating 263890 1,300 VISUAL COMMUNICATIONS Design&Engineering General Fixed Asset Account Gr 1021072 1,277 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1021035 1,275 VINOCOPIA Liquor Product Received Prairie View Liquor Store 263722 1,266 SIGNSOURCE Contract Svcs-General Bldg City Hall(City Cost) Check# Amount Supplier/Explanation Account Description Business Unit Comments 264076 1,253 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 264102 1,251 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 263762 1,250 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance 263833 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 263692 1,240 MINNESOTA POLLUTION CONTROL AGENCY Licenses,Taxes,Fees Water Treatment 6836 1,226 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 263648 1,217 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 6824 1,211 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 263875 1,197 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 1021107 1,195 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 263744 1,187 VELOCITY STREETWEAR INC Repair&Maint.Supplies Fire 1021189 1,185 WALL TRENDS INC Contract Svcs-General Bldg City Center-CAM 263690 1,172 MHG Printing Fire 263620 1,170 CENTURYLINK Telephone IT Operating 263674 1,170 KAISER,DAVID S Supplies-General Bldg Ice Operations 263794 1,164 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1021042 1,162 BARR ENGINEERING COMPANY Design&Engineering Stormwater Capital 6814 1,161 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 264011 1,150 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Fitness/Conference-Cmty Ctr 6819 1,147 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 1021099 1,137 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility 1021130 1,135 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 263717 1,131 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 1021245 1,082 BERRY COFFEE COMPANY Merchandise for Resale Concessions 264058 1,062 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 264013 1,059 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1021155 1,042 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 263962 1,040 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Fit Kids Club 263684 1,035 MARSHALL'S FARM MARKET Operating Supplies Fall Harvest 1021121 1,032 TWIN CITY HARDWARE Contract Svcs-General Bldg Ice Arena Maintenance 263769 1,024 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 263864 1,020 SAMBATEK INC Other Contracted Services Water Supply(Wells) 1021112 1,016 IDENTISYS Equipment Repair&Maint Public Safety Communications 1021103 1,015 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 263883 1,000 SWEDEBRO Contract Svcs-General Bldg Fire Station#1 263726 995 SOUTHWEST NEWS MEDIA Advertising Prairie Village Liquor Store 263880 995 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 263881 982 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Garden Rm/Caf. Garden Room Repairs 263800 972 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store 263990 960 PITNEY BOWES Postage Customer Service 6818 955 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 1021047 953 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1021242 929 ZIEGLER INC Equipment Repair&Maint Fleet Operating 263626 929 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 263981 918 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 263758 900 AERIAL ADVANTAGE 360 Other Contracted Services Recreation Admin 264083 896 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 6826 893 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1021014 892 COX,KIM Tuition Reimbursement/School Organizational Services 263623 891 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 263799 890 EARL F ANDERSEN INC Signs Traffic Signs 263664 861 HOTSY MINNESOTA Supplies-General Bldg Maintenance Facility 263715 858 PRESBYTERIAN HOMES AND SERVICES Reimbursement Escrow 1021169 856 GRAINGER Cleaning Supplies City Center-CAM 1021181 854 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1 263699 835 NAC Contract Svcs-HVAC Den Road Liquor Store 263806 833 FIRE SAFETY USA INC Other Contracted Services Fire 1021050 824 GRAINGER Repair&Maint.Supplies City Center-CAM 263650 821 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1021024 819 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1021081 817 CONCRETE CUTTING AND CORING Protective Clothing Street Maintenance 1021134 816 CUSTOM HOSE TECH Equipment Parts Fleet Operating 263783 803 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1021164 799 CDW GOVERNMENT INC. Printers IT Operating 1021159 790 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 263948 782 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 263942 772 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 264131 768 STAPLES ADVANTAGE Office Supplies Fitness/Conference-Cmty Ctr 264006 761 STAPLES ADVANTAGE Office Supplies Police 263782 760 CENTURYLINK Internet IT Operating 1021223 758 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 263934 756 EARL F ANDERSEN INC Signs Traffic Signs 264038 752 AIRGAS USA LLC Supplies-Pool Pool Maintenance 263736 750 TREEHOUSE Other Contracted Services Housing and Community Service 263898 749 AIRGAS USA LLC Supplies-Pool Pool Maintenance 263980 748 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 264135 743 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1021074 743 ADAMS PEST CONTROL INC Maintenance Contracts Park Shelters 263632 741 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 263776 740 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Ice Arena Maintenance 1021179 724 OSI BATTERIES INC Office Supplies Police 263639 715 EDEN PRAIRIE CHAMBER OF COMMERCE Deposits 494 Corridor Commission 263862 715 REPLENEX Equipment Parts Fleet Operating 263667 711 IRON MALTESE ATHLETICS Training Supply-Recruit Fire 1021225 706 GRAINGER Small Tools Fitness/Conference-Cmty Ctr 263894 705 WRS IMPORTS Liquor Product Received Prairie View Liquor Store 263671 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 264039 701 ALTEC INDUSTRIES INC Equipment Parts Snow&Ice Control 263633 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 263971 700 MARSHALL MABLE Reimbursement Escrow 1021089 700 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 263828 699 LORENZ,JOYCE Conference/Training Communications 263735 696 TRANSPORT GRAPHICS Operating Supplies-Station sup Fire 263919 685 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 263721 675 SHIRAZI ELHAM Deposits 494 Corridor Commission 1021129 672 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1021017 664 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 1021248 658 CASE,RON Travel Expense City Council 263876 657 SPORTS UNLIMITED Instructor Service Camps 263908 656 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 263972 650 MAVERICK CUTTING AND BREAKING,LLC Other Contracted Services Park Maintenance 1021098 649 SWANSON MOLLY Mileage&Parking Engineering 1021227 640 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment 6803 632 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1021101 629 WILSON,JOHN D. Tuition Reimbursement/School Police 263761 624 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development 264138 624 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 264073 623 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 1021041 622 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 263820 616 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 263637 614 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 263740 611 TYLER TECHNOLOGIES INC Software IT Capital 263622 607 CINTAS CORPORATION Safety Supplies Community Center Admin 264054 607 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 263818 600 IMSA BILLING OFFICE Equipment Repair&Maint Public Safety Communications 263951 600 HYDRO-VAC INC Equipment Repair&Maint Wasterwater Collection 263992 600 PRAIRIE EQUIPMENT COMPANY Small Tools Wasterwater Collection 264015 600 TOTAL ENTERTAINMENT/KIDSDANCE PROD. Other Contracted Services Halloween Party 264026 598 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution 1021127 595 AMERIPRIDE LINEN&APPAREL SERVICES Operating Supplies-Linens Prairie Village Liquor Store 264049 595 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 263933 584 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 264022 583 UNIVERSAL ATHLETIC SERVICES INC Awards Softball 1021079 576 BOSACKER MIKE Travel Expense Police 263604 575 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 263906 575 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 263952 574 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 264031 570 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Fire 263666 568 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1021123 555 VISTAR CORPORATION Merchandise for Resale Concessions 263986 544 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1021257 543 THE OASIS GROUP Employee Assistance Organizational Services 263711 537 PENN CYCLE&FITNESS Deposits 494 Corridor Commission 6801 536 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1021045 533 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Maintenance Facility 263877 533 STAPLES ADVANTAGE Office Supplies Customer Service 1021058 520 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1021049 519 FERRELLGAS Gas Outdoor Center 263884 517 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 263732 509 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 263683 508 MARCO INC Operating Supplies IT Operating 1021056 505 MENARDS Operating Supplies Park Maintenance 1021250 504 FASTENAL COMPANY Safety Supplies Fleet Operating 1021087 500 KRAUSE,MARY Travel Expense Engineering 263603 500 BAND OF GOLD Conference/Training Fitness Classes 263767 500 AVERBUCH RAIL ART LLC Other Contracted Services Improvement Projects 2006 263778 500 C J R DESIGN Other Contracted Services Improvement Projects 2006 263804 500 EVANS BRYAN Other Contracted Services Improvement Projects 2006 263825 500 KORYN ROLSTAD STUDIOS Other Contracted Services Improvement Projects 2006 264007 500 STAR LEGACY FOUNDATION P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021178 500 ON CALL SERVICES Equipment Repair&Maint Day Care 263653 500 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Hall(City Cost) 1021233 498 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Police(City Cost) 6839 494 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 264063 492 CTM SERVICES,INC. Repair&Maint-Ice Rink Ice Arena Maintenance 263975 487 MIDAS Equipment Repair&Maint Fleet Operating 264122 481 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 6810 481 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 263714 480 PRAIRIE RESTORATIONS INC Maintenance Contracts Stormwater Non-Capital 263963 480 LAWN RANGER,INC,THE Other Contracted Services Park Maintenance 264001 480 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications 1021093 480 SAMS,JOHN Conference/Training Assessing 263816 473 HOME DEPOT CREDIT SERVICES Supplies-HVAC Ice Arena Maintenance 263873 472 SNAP-ON TOOLS Small Tools Street Maintenance 264046 470 BLACK&DECKER,U S INC Small Tools Water Distribution 263621 470 CHRIS CASTLE INC Deposits 494 Corridor Commission 263611 460 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 264014 459 T-MOBILE USA Other Contracted Services Police 1021249 456 CLAREY'S SAFETY EQUIPMENT Operating Supplies Emergency Preparedness 1021175 451 MENARDS Operating Supplies Park Maintenance 263911 447 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 263943 445 FOUNDATION BUSINESS SYSTEMS,LLC Other Contracted Services Stormwater Non-Capital 263733 444 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 1021160 443 AMERITRAK Other Contracted Services Snow&Ice Control 263723 441 SIGNSOURCE Signs Outdoor Center 1021239 434 WATSON CO INC,THE Merchandise for Resale Concessions 1021006 428 ADAMS PEST CONTROL INC Contract Svcs-Pest Control City Center-CAM 263661 427 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 263976 418 MIDWEST PLAYSCAPES Equipment Repair&Maint Park Maintenance 263754 416 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 263993 414 PRECISE MRM LLC Equipment Parts Snow&Ice Control 263592 410 PETTY CASH-POLICE DEPT Equipment Repair&Maint General Fund 263909 408 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 263719 408 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 264090 405 KEEPRS INC. Clothing&Uniforms Reserves 263636 400 EARL F ANDERSEN INC Signs Traffic Signs 264028 400 WELLS FARGO BANK MINNESOTA NA Paying Agent 2009BG.O.Equipment Cert. 264034 400 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 1021220 400 COMTECH COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 263935 396 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store 1021031 395 STONEBROOKE Autos Fleet Capital 264085 394 J P COOKE CO,THE Operating Supplies Animal Control 6832 394 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 263848 392 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 263739 391 TWIN CITIES&WESTERN RAILROAD COMPANY Licenses,Taxes,Fees Water Distribution 1021156 391 VIK,LISA Travel Expense Police 263844 390 NAC Contract Svcs-HVAC Pool Maintenance 264053 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 263745 385 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 1021080 384 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021171 380 KIDCREATE STUDIO Instructor Service Arts Center 1021091 372 PROSOURCE SUPPLY Repair&Maint-Ice Rink Fitness/Conference-Cmty Ctr 1021111 361 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 264132 361 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 264047 360 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Miller Park 1021244 357 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 263905 352 BARNA,GUZY&STEFFEN,LTD Legal Legal Council 263600 348 AIRGAS USA LLC Supplies-Pool Pool Maintenance 1021016 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 264137 344 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1021228 340 JANEX INC Repair&Maint.Supplies Fire 1021082 338 DUNGAN,TRACY Mileage&Parking Concessions 1021027 335 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1021167 329 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1021252 327 JOHNSTONE SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 264121 320 ROOT 0 MATIC Equipment Repair&Maint Wasterwater Collection 1021230 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1021036 317 WHITE,BECKI Travel Expense Fire 1021007 317 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 263878 316 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 263678 310 LANO EQUIPMENT INC Equipment Parts Fleet Operating 263829 306 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 263974 303 MHG Printing Fire 263641 300 EDEN PRAIRIE NISSAN False Alarm Fees General Fund 263730 300 STRONGHOLD INDUSTRIES Contract Svcs-Security Police(City Cost) 1021071 300 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 263646 300 ERDMAN LUNTZ RONALD Accounts Receivable TIF-Eden Shores Senior Housing 263798 299 E A SWEEN COMPANY Merchandise for Resale Concessions 1021070 298 WATSON CO INC,THE Merchandise for Resale Concessions 1021034 296 VERLEY,VALERIE Conference/Training Community Center Admin 1021182 295 POMP'S TIRE SERVICE INC Tires Fleet Operating 263602 294 ASPEN MILLS Clothing&Uniforms Fire 263597 293 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store 1021184 292 PREMIUM WATERS INC Operating Supplies-Water Fire 263694 292 MINNESOTA VALLEY ELECTRIC COOPERATIVE Gas Traffic Signals 263759 290 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 1021010 290 BERRY COFFEE COMPANY Merchandise for Resale Elections 263991 288 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 263793 286 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 264098 276 MINNESOTA AIR INC Supplies-HVAC Maintenance Facility 263718 275 RICHFIELD CHAMBER OF COMMERCE Deposits 494 Corridor Commission 1021012 272 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 264139 270 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 264105 268 NAC Contract Svcs-Plumbing City Center-CAM 263830 262 MAILMANAGER LTD Software Maintenance IT Operating 1021255 261 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1021229 258 MENARDS Landscape Materials/Supp Facilities Staff 263869 258 SIGNSOURCE Signs Park Maintenance 263928 252 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1021136 251 FASTENAL COMPANY Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 263599 250 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance 263995 248 PROP-DO NOT USE Charitable Contributions Health and Benefits 1021235 248 SPS COMPANIES Contract Svcs-HVAC City Center-CAM 264092 240 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Police(City Cost) 1021055 240 JASPER ENGINEERING&EQUIPMENT COMPANY Deposits Escrow 1021135 240 DUPONT,BRENT Travel Expense Police 1021138 240 HENDERSON,THOMAS Travel Expense Police 1021146 240 PETERSON,DANIEL J Travel Expense Police 1021152 240 S1NON,CORY Travel Expense Police 263923 235 COMCAST Cable TV Fire 264057 234 CINTAS Operating Supplies Park Maintenance 264009 234 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 264081 234 HOTSY MINNESOTA Supplies-General Bldg Maintenance Facility 264120 232 ROBY SONJA Mileage&Parking Facilities Staff 6834 231 US BANK-PAYMODE Bank and Service Charges Finance 1021048 231 ESS BROTHERS&SONS INC Equipment Parts Water Distribution 263811 230 GS DIRECT Operating Supplies Engineering 263870 226 SIGNSOURCE Equipment Repair&Maint Fleet Operating 264110 225 PATRIOTIC JOURNEYS Special Event Fees Senior Center Programs 263792 225 DIRECTV Cable TV Community Center Admin 264126 219 SIGNSOURCE Signs Den Road Liquor Store 264071 210 FIRE SAFETY USA INC Clothing&Uniforms Fire 1021096 210 STREIFF,CHAD Travel Expense Police 263728 206 STAPLES ADVANTAGE Office Supplies City Hall(City Cost) 264115 204 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 1021083 204 FASTENAL COMPANY Small Tools Fleet Operating 1021029 203 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1021030 203 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Purgatory Creek Park 263700 200 NAMI MINNESOTA Other Contracted Services Housing and Community Service 263734 200 TRANSLATION SERVICES Deposits 494 Corridor Commission 1021013 200 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Preparedness 264101 198 MINNESOTA HISTORICAL SOCIETY State Grants Heritage Preservation 1021092 197 QUALITY PROPANE Motor Fuels Fleet Operating 263606 197 BATTLE LAKE SENIOR CARD PROJECT Supply-Greeting Cards Senior Board 263983 195 MR CUTTING EDGE Repair&Maint-Ice Rink Ice Arena Maintenance 263741 194 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission 263784 190 COMCAST Internet IT Operating 264068 189 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 263831 188 MARSHALL'S FARM MARKET Operating Supplies Pool Special Events 1021075 187 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 264067 186 E A SWEEN COMPANY Merchandise for Resale Concessions 1021132 186 COMEANS,MICHAEL Travel Expense Water Treatment 263949 186 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 264127 186 SIGNSOURCE Signs Prairie Village Liquor Store 1021097 185 SULLIVAN,ANDREW J Mileage&Parking Utility Operations-General 263716 184 PRINCIPAL FINANCIAL GROUP Deposits 494 Corridor Commission 1021259 184 TYRA-LUKENS,NANCY Travel Expense City Council 263772 182 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 264128 181 SNAP-ON TOOLS Small Tools Fleet Operating 263595 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs Check# Amount Supplier/Explanation Account Description Business Unit Comments 263727 180 STAAF,CARTER Deposits Escrow 1021148 178 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1021061 177 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 263821 176 JEREMIAH JANET Travel Expense Community Development Admin. 1021172 176 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 264062 175 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 263682 175 MADISON,MELISSA Deposits 494 Corridor Commission 263918 172 CENTURYLINK Internet IT Operating 264125 172 SIGNSOURCE Signs Prairie View Liquor Store 263840 170 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 263760 169 ALSDURF LORI Operating Supplies Theatre Initiative 1021108 168 GRAFIX SHOPPE Equipment Parts Fleet Operating 263868 167 SIGNSOURCE Signs Street Maintenance 1021066 166 SPRINT Deposits 494 Corridor Commission 263966 165 LOMPIAN WINES LLC Liquor Product Received Prairie Village Liquor Store 264036 165 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1021094 164 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1021015 164 FASTENAL COMPANY Equipment Parts Fleet Operating 263693 162 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 263649 160 FLAG BUILDERS OF MINNESOTA INC Contract Svcs-Plumbing Fire Station#3 1021102 160 YERKS MEGAN Travel Expense Community Development Admin. 263987 160 PAGERIT,SYLVAN Operating Supplies Community Band 264099 160 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police 1021231 160 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 263982 158 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 6807 156 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1021253 155 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 263814 155 HEALTHPARTNERS Health&Fitness Fire 263895 155 XTREME INTEGRATION Hardware-Cabling IT Operating 1021022 154 METROPOLITAN FORD Equipment Parts Fleet Operating 263932 153 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1021187 150 STERICYCLE INC Other Contracted Services Police 264103 150 MN AWWA Tuition Reimbursement/School Utility Operations-General 1021144 150 MPX GROUP,THE Printing Police 1021188 150 USA SECURITY Maintenance Contracts Water Treatment 263807 147 FLECK JAMIE Operating Supplies Outdoor Center 263654 146 GERTENS Landscape Materials/Supp Park Maintenance 1021117 144 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 6815 142 OPTUM HEALTH Other Contracted Services Health and Benefits 263802 142 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 264108 140 OLSEN CHAIN&CABLE Repair&Maint.Supplies Wasterwater Collection 263861 140 REGENTS OF THE UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 1021018 140 HYNEK,EVAN Clothing&Uniforms Police 1021139 139 KRUEGER,MARK Clothing&Uniforms Reserves 264017 137 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 263901 137 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 264056 135 CENTURYLINK Telephone IT Operating 1021149 134 ROSE,ALECIA Travel Expense Human Resources 263996 134 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 263958 130 KAISER,DAVID S Operating Supplies Gymnasium(CC) Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021145 129 OTTEN,DAN Conference/Training Inspections-Administration 263627 129 CSI FORENSIC SUPPLY Office Supplies Police 263819 126 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 263978 125 MINNESOTA RURAL WATER ASSOCIATION Conference/Training Utility Operations-General 1021243 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 264094 123 LOMPIAN WINES LLC Liquor Product Received Prairie View Liquor Store 263867 122 SHRED RIGHT Waste Disposal City Hall(City Cost) 264004 122 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 263860 121 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 263712 121 PETSMART Canine Supplies Police 263596 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 264089 120 KAISER,DAVID S Operating Supplies Gymnasium(CC) 264072 120 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 263768 119 BACAL,AGNIESZKA Operating Supplies Outdoor Center 263624 117 COMCAST Deposits 494 Corridor Commission 263994 116 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 263921 116 COMCAST Cable TV Fire 6840 113 SQUARE Bank and Service Charges Historical Culture 263984 113 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 264060 112 COMCAST Cable TV Fire 1021176 112 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1021032 109 THOMPSON JONATHAN Travel Expense Assessing 264021 108 UNITED WAY Charitable Contributions Health and Benefits 263836 107 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Emergency Preparedness 1021258 104 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Fleet Operating 263845 104 NORTHLAND CHEMICAL CORP Operating Supplies Fleet Operating 263777 104 BUSWELL,DAVE Mileage&Parking Assessing 263871 104 SIGNSOURCE Operating Supplies Fall Harvest 1021218 102 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 263628 101 CUB FOODS EDEN PRAIRIE Employee Award Reserves 263673 100 JUST FRIENDS BIG BAND Other Contracted Services Staring Lake Concert 263746 100 WATER IN MOTION Licenses,Taxes,Fees Fitness Classes 263904 100 B.VOCAL LLC Conference/Training Housing and Community Service 263960 100 KENDELL DOORS&HARDWARE INC Supplies-Security Ice Arena Maintenance 264027 100 WATER IN MOTION Licenses,Taxes,Fees Fitness Classes 1021256 99 STREIFF,CHAD Motor Fuels Fleet Operating 1021019 98 KLIMA,JULIE Mileage&Parking Planning 263808 98 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 264136 96 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 263708 95 PAPCO INC Janitor Service City Center-CAM 1021085 94 GROVES,TODD Travel Expense Police 264029 93 WHITE,KEVIN Travel Expense Police 1021009 93 BEHL ANTHONY Travel Expense Police 1021165 92 DAKOTA SUPPLY GROUP INC Postage Water Metering 263675 91 KEEPRS INC. Clothing&Uniforms Reserves 263824 91 KEEPRS INC. Clothing&Uniforms Reserves 263907 90 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 263967 90 LUNSETH LAWN CARE Reimbursement Escrow 263785 86 COMCAST Internet IT Operating 263892 86 WILLIAMS TIM Operating Supplies Theatre Initiative Check# Amount Supplier/Explanation Account Description Business Unit Comments 263903 85 ASPEN MILLS Clothing&Uniforms Fire 6830 85 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 1021215 84 ASPEN EQUIPMENT CO. Equipment Parts Wasterwater Collection 263631 84 DAY NICHOLE Deposits 494 Corridor Commission 263858 83 RAMIREZ STEVEN Operating Supplies Theatre Initiative 263899 83 ALFORD GARRETT P&R Refunds Community Center Admin 263925 81 COMCAST Equipment Repair&Maint E-911 Program 1021025 80 PAULSEN BRIANA Mileage&Parking Park Facilities 264043 78 ASPEN MILLS Clothing&Uniforms Reserves 263832 78 McMAHON,BRETT Tuition Reimbursement/School Reserves 263706 78 OLSON,ROBERT Clothing&Uniforms Police 264018 78 TUCKER DOUG Mileage&Parking Athletic Programs Admin 1021131 78 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1021150 76 RUZEK,CHRISTINE Mileage&Parking Human Resources 1021151 76 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 263698 75 MWOA Dues&Subscriptions Utility Operations-General 263731 75 SUSA TREASURER Tuition Reimbursement/School Water Treatment 1021143 74 METROPOLITAN FORD Equipment Parts Fleet Operating 1021077 73 BOHNSACK,SUE Mileage&Parking Senior Center Admin 6808 72 MONEY MOVERS INC Other Contracted Services Community Center Admin 1021088 70 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 264032 70 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 264023 69 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 1021234 68 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 263703 67 OFFICE OF MN IT SERVICES Other Contracted Services Police 263640 65 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 264109 65 PAREKH BHAVESH P&R Refunds Community Center Admin 264093 65 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 263896 64 440400-NCPERS MINNESOTA PERA Health and Benefits 263643 63 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 263695 63 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 263837 61 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 264134 61 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 263737 61 TRUONG LONG AR Utility Water Enterprise Fund 263605 60 BARUCH RACHEL Lessons&Classes Arts Center 1021023 60 MPX GROUP,THE Printing Police 263969 60 Manbeck Angela M Tuition Reimbursement/School Fitness Classes 1021142 60 MANBECK,KEVIN Tuition Reimbursement/School Fitness Classes 263658 58 HARVEY JAMES Equipment Repair&Maint Senior Center Programs 1021078 58 BOLD,PAULINE Operating Supplies Outdoor Center 264123 58 SCHMITZ,WENDY Operating Supplies Internal Events 1021053 58 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 1021021 55 LINDAHL,DAVID Travel Expense Economic Development 1021054 55 JASPER ENGINEERING&EQUIPMENT COMPANY Repair&Maint.Supplies Water Treatment 263696 55 MR CUTTING EDGE Contract Svcs-Ice Rink Ice Arena Maintenance 1021020 55 KRUEGER,MARK Tuition Reimbursement/School Police 263629 55 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 1021153 55 STOVRING,LESLIE Mileage&Parking Stormwater Non-Capital 263720 54 SHAY CONSTRUCTION Deposits 494 Corridor Commission 263930 54 DELF KRISTIN Tuition Reimbursement/School Fitness Classes Check# Amount Supplier/Explanation Account Description Business Unit Comments 264059 53 COMCAST Internet IT Operating 263652 52 GALLS LLC Clothing&Uniforms Police 263615 50 BRODSKY LINDA P&R Refunds Community Center Admin 263638 50 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 263826 50 LINDQUIST BEN Rebates Water Conservation 264114 50 PLYMOUTH,CITY OF Tuition Reimbursement/School Police 1021254 49 SCHLOSSER JANELLE Mileage&Parking Workers Comp Insurance 263659 47 HENDLEY MATTHEW P&R Refunds Community Center Admin 1021026 47 PROSOURCE SUPPLY Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 263687 47 MEREDITH KATE Deposits 494 Corridor Commission 263773 46 BRASS FOUNDERY Liquor Product Received Prairie Village Liquor Store 263668 46 JENSEN MARIAH Deposits 494 Corridor Commission 263662 46 HERDA SUSAN P&R Refunds Community Center Admin 264077 46 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006 264078 46 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006 263926 45 COMCAST Cable TV Fire 264118 44 RASKIN WENDY Mileage&Parking Community Center Admin 1021140 43 KUFFEL,RYAN Travel Expense Police 1021251 43 FIETEK,CHRIS Travel Expense Police 263938 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 263707 40 OUR MILITARY KIDS P&R Refunds Community Center Admin 263803 40 ESTRINE,ROBERT Other Contracted Services Community Band 263842 40 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 264035 40 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1021086 40 HALLOCK COMPANY INC Repair&Maint.Supplies Community Center 264064 36 CUMMINS NPOWER LLC Equipment Parts Fleet Operating 263645 35 EPAM ROTARY FOUNDATION Deposits Den Road Liquor Store 263789 33 COOK MICHELLE Operating Supplies Outdoor Center 1021122 33 UPS Postage Fire 263705 33 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Police 263866 32 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 1021028 31 ROSE,ALECIA Conference/Training Human Resources 263937 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 1021113 30 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1021128 30 BATTERIES PLUS Repair&Maint.Supplies Water Treatment 263853 28 PILGRIM DRY CLEANERS INC Clothing&Uniforms Police 263610 28 BOSACKER MIKE Mileage&Parking Police 1021065 28 SPRINT Cell/Pager Plans IT Operating 1021185 28 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 1021084 28 GEIS,ROB Clothing&Uniforms Police 264061 27 COMCAST Other Contracted Services Police 263787 27 COMCAST Cable TV Fire 263685 25 MASS/MRPA Conference/Training Senior Center Admin 264140 25 VERMONT SYSTEMS,INC Conference/Training Recreation Admin 263827 25 LONDEEN VIRGINIA P&R Refunds Community Center Admin 263797 24 DURKEE,DAVID Operating Supplies Theatre Initiative 1021246 24 BOHNSACK,SUE Mileage&Parking Senior Center Admin 263910 24 BOUND TREE MEDICAL LLC EMS Supplies Fire 1021247 23 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 264100 23 MINNESOTA DEPT OF HEALTH Dues&Subscriptions Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Comments 263959 22 KEEPRS INC. Clothing&Uniforms Reserves 263651 22 FRISCH,BEN P&R Refunds Community Center Admin 1021154 21 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection 1021068 21 UPS Postage Planning 1021090 21 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 1021076 20 BATTERIES PLUS Contract Svcs-Fire/Life/Safe Dunn Brothers 263940 19 EVERSON MIKE Licenses,Taxes,Fees Utility Operations-General 263702 18 NELSON,ROBIN Deposits 494 Corridor Commission 263594 17 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 263922 16 COMCAST Cable TV Fire 263924 16 COMCAST Cable TV Fire 263835 15 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1021114 13 MENARDS Operating Supplies Park Maintenance 1021116 13 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 264040 13 ANDERSON,CHARLES Mileage&Parking Facilities Staff 263697 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 1021008 12 BATTERIES PLUS Operating Supplies Prairie View Liquor Store 1021095 11 SPOK,INC. Pager&Cell Phone IT Operating 263729 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 264008 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 263977 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees Fire Station#4 263979 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 263755 10 ABRAMSON NIKKI Operating Supplies Theatre Initiative 263738 9 TRUTWIN ALISON Deposits Escrow 263965 9 LEISZ STUART P&R Refunds Community Center Admin 263743 8 VAN HATTUM DAVE Deposits 494 Corridor Commission 263790 7 CORDES JENNIFER Operating Supplies Theatre Initiative 263786 7 COMCAST Cable TV Fire 263920 2 COMCAST Other Contracted Services Police 6835 0.44 ULTIMATE SOFTWARE GROUP,THE Payroll Taxes Health and Benefits 5,106,907 Grand Total City of Eden Prairie Purchasing Card Payment Report 11/13/2018 Amount Account Description Business Unit 6,919 Building Surcharge General Fund 5,995 Software IT Operating 1,738 Miscellaneous DWI Forfeiture 1,540 Video&Photo Supplies Fire 1,389 Operating Supplies Tree Disease 1,292 Software/Hardware Maint. IT Operating 1,269 Telephone IT Operating 1,150 Prepaid Expenses General Fund 1,150 Prepaid Expenses General Fund 960 Travel Expense Economic Development 800 Licenses,Taxes,Fees Water Treatment 760 Awards Communications 757 Travel Expense Utility Operations-General 752 Travel Expense Utility Operations-General 740 Tuition Reimbursement/School Police 704 Travel Expense Utility Operations-General 700 Tuition Reimbursement/School Police 700 Tuition Reimbursement/School Police 700 Operating Supplies IT Operating 654 Miscellaneous Internal Events 595 Operating Supplies Park Maintenance 587 Operating Supplies Tree Disease 571 Travel Expense Utility Operations-General 571 Travel Expense Utility Operations-General 554 Mechanical Surcharge General Fund 527 Travel Expense Administration 516 Capital Under$25,000 Police 512 Machinery&Equipment Capital Outlay Parks 501 Other Contracted Services Community Center Admin 494 Equipment Repair&Maint Fleet Operating 490 Advertising Special Initiatives 490 Advertising Recreation Admin 483 Conference/Training Workers Comp Insurance 469 Operating Supplies Concessions 448 Conference/Training Human Resources 448 Conference/Training Human Resources 428 Capital Under$25,000 Arts Center 408 Bank and Service Charges Den Road Liquor Store 405 Tuition Reimbursement/School Police 396 Advertising Community Center Admin 395 Conference/Training Parks Administration 390 Operating Supplies Police 384 Miscellaneous DWI Forfeiture 374 Building Materials Riley Lake 371 Travel Expense Finance 371 Travel Expense Finance 357 Tuition Reimbursement/School Fire 344 Other Contracted Services Fall Harvest 334 Plumbing Surcharge General Fund 323 Clothing&Uniforms Park Maintenance 310 Conference/Training IT Operating 304 Operating Supplies Police 304 Operating Supplies Police 300 Conference/Training Fire 300 Conference/Training Fire 300 Advertising Youth Programs Admin 300 Conference/Training Fire 295 Conference/Training Utility Operations-General 284 Miscellaneous Internal Events 284 Operating Supplies Inspections-Administration 278 Computers IT Operating 275 Conference/Training Engineering 273 Operating Supplies Police 269 Protective Clothing Fire 266 Tuition Reimbursement/School Police 258 Clothing&Uniforms Street Maintenance 258 Clothing&Uniforms Utility Operations-General 255 Conference/Training Utility Operations-General 255 Clothing&Uniforms Street Maintenance 252 Clothing&Uniforms Street Maintenance 250 Bank and Service Charges Prairie View Liquor Store 250 Conference/Training Fire 249 Operating Supplies Traffic Signals 242 Merchandise for Resale Concessions 242 Training Supplies Organizational Services 241 Operating Supplies Police 240 Dues&Subscriptions Fire 238 Clothing&Uniforms Fire 237 Tuition Reimbursement/School Police 228 Clothing&Uniforms Outdoor Center 227 Small Tools Fleet Operating 220 Employee Award Organizational Services 220 Employee Award Organizational Services 217 Landscape Materials/Supp Reforestation 213 Tuition Reimbursement/School Police 213 Tuition Reimbursement/School Police 213 Tuition Reimbursement/School Police 213 Tuition Reimbursement/School Police 213 Tuition Reimbursement/School Police 210 Tuition Reimbursement/School Fitness Classes 209 Building Materials Prairie Bluff Conservation 207 Conference/Training Heritage Preservation 206 Miscellaneous City Council 200 Tuition Reimbursement/School Police 200 Tuition Reimbursement/School Police 194 Office Supplies Police 194 Operating Supplies Fall Harvest 191 Travel Expense Utility Operations-General 191 Capital Under$25,000 Stormwater Non-Capital 188 Bank and Service Charges Prairie Village Liquor Store 188 Conference/Training Community Development Admin. 186 Clothing&Uniforms Volleyball 185 Conference/Training Fire 184 Clothing&Uniforms Park Maintenance 175 Clothing&Uniforms Street Maintenance 174 Clothing&Uniforms Park Maintenance 158 Equipment Repair&Maint Senior Center Programs 156 Clothing&Uniforms Park Maintenance 154 Operating Supplies Reserves 150 Tuition Reimbursement/School Police 150 Tuition Reimbursement/School Police 150 Tuition Reimbursement/School Police 150 Tuition Reimbursement/School Police 150 Conference/Training Utility Operations-General 150 Clothing&Uniforms Pool Lessons 144 Computers IT Operating 142 Operating Supplies Fitness Classes 136 Small Tools Water Distribution 134 Tuition Reimbursement/School Police 133 Operating Supplies Senior Center Programs 130 Conference/Training Tree Disease 127 Other Contracted Services Park Maintenance 125 Conference/Training Arts Center 125 Printing Communications 123 Operating Supplies Fall Harvest 120 Clothing&Uniforms Utility Operations-General 118 Operating Supplies IT Operating 115 Miscellaneous City Council 113 Clothing&Uniforms Communications 111 Operating Supplies Park Maintenance 110 Operating Supplies Fall Harvest 110 Dues&Subscriptions Communications 107 Other Contracted Services Police 106 Clothing&Uniforms Street Maintenance 105 Conference/Training Engineering 103 Operating Supplies New Adaptive 103 Operating Supplies Ice Operations 100 Instructor Service Special Events&Trips 99 Tuition Reimbursement/School Police 98 Operating Supplies Ice Lessons 98 Clothing&Uniforms Communications 98 Tuition Reimbursement/School Police 95 Clothing&Uniforms Street Maintenance 95 Other Contracted Services Park Facilities 95 Operating Supplies Fitness Center 94 Operating Supplies Elections 90 Conference/Training Police 90 Operating Supplies Fitness Classes 90 Conference/Training Park Maintenance 90 Clothing&Uniforms Special Events Admin 90 Conference/Training Youth Programs Admin 90 Repair&Maint. Supplies Round Lake 87 Clothing&Uniforms Park Maintenance 87 Operating Supplies Fall Harvest 86 Merchandise for Resale Concessions 86 Operating Supplies Fit Kids Club 83 Operating Supplies Street Maintenance 82 Printing Fire 82 Tuition Reimbursement/School Police 80 Operating Supplies Fire 80 Operating Supplies Outdoor Center 80 Operating Supplies Police 75 Office Supplies Police 75 Tuition Reimbursement/School Police 75 Tuition Reimbursement/School Police 75 Tuition Reimbursement/School Police 75 Conference/Training Community Center Admin 75 Conference/Training Housing and Community Service 75 Operating Supplies Tree Disease 74 Software/Hardware Maint. IT Operating 73 Repair&Maint. Supplies Round Lake 72 Conference/Training Pool Operations 72 Operating Supplies Outdoor Center 71 Operating Supplies Special Events(CC) 70 Repair&Maint. Supplies Utility Operations-General 70 Operating Supplies IT Operating 69 Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 68 Office Supplies Police 68 Operating Supplies Senior Center Programs 68 Printing Communications 66 Deposits Escrow 66 Merchandise for Resale Concessions 65 Operating Supplies IT Operating 65 Deposits Escrow 64 Deposits Escrow 64 Operating Supplies Police 63 Operating Supplies Fire 63 Merchandise for Resale Concessions 62 Tuition Reimbursement/School Police 62 Repair&Maint. Supplies Wasterwater Collection 62 Building Materials Pioneer Park(EP Road) 60 Operating Supplies IT Operating 59 Operating Supplies Fitness Admin. 59 Office Supplies Customer Service 59 Operating Supplies Community Center Admin 58 Office Supplies Police 56 Repair&Maint. Supplies Capital Outlay Parks 56 Advertising Prairie Village Liquor Store 56 Advertising Den Road Liquor Store 56 Advertising Prairie View Liquor Store 54 Process Control Equipment IT Operating 52 Operating Supplies Street Maintenance 52 Fire Prevention Supplies Fire 52 Protective Clothing Fire 51 Operating Supplies Halloween Party 50 Clothing&Uniforms Senior Center Admin 50 Dues&Subscriptions Police 50 Clothing&Uniforms Athletic Programs Admin 50 Clothing&Uniforms Community Center Admin 50 Conference/Training Fire 50 Operating Supplies Arts Center 49 Clothing&Uniforms Theatre Initiative 49 Training Supplies Organizational Services 48 Clothing&Uniforms Youth Programs Admin 48 Operating Supplies Community Center Admin 48 Clothing&Uniforms Senior Center Admin 48 Clothing&Uniforms Youth Programs Admin 47 Merchandise for Resale Concessions 46 Clothing&Uniforms Winter Theatre 46 Operating Supplies Community Center Admin 45 Merchandise for Resale Concessions 45 Clothing&Uniforms Communications 45 Office Supplies Police 44 Merchandise for Resale Concessions 44 Motor Fuels Fleet Operating 43 Motor Fuels Fleet Operating 42 Clothing&Uniforms Day Care 42 Tuition Reimbursement/School Police 42 Operating Supplies Day Care 41 Operating Supplies IT Operating 41 Operating Supplies Park Maintenance 41 Merchandise for Resale Concessions 40 Travel Expense Administration 39 Merchandise for Resale Concessions 39 Special Event Fees Special Events Admin 39 Motor Fuels Fleet Operating 37 Operating Supplies Fall Harvest 37 Operating Supplies Day Care 37 Merchandise for Resale Concessions 36 Operating Supplies Pool Special Events 36 Computers IT Operating 36 Operating Supplies Outdoor Center 36 Operating Supplies Arts Center 36 Clothing&Uniforms Fire 35 Operating Supplies Park Maintenance 35 Building Materials Park Maintenance 35 Advertising Prairie Village Liquor Store 35 Advertising Den Road Liquor Store 35 Advertising Prairie View Liquor Store 35 Motor Fuels Fleet Operating 35 Travel Expense Communications 35 Conference/Training Community Center Admin 35 Equipment Repair&Maint Water Treatment 35 Operating Supplies Police 35 Equipment Repair&Maint Park Maintenance 35 Travel Expense Administration 34 Motor Fuels Fleet Operating 34 Operating Supplies Outdoor Center 33 Office Supplies Police 32 Clothing&Uniforms Street Maintenance 31 Merchandise for Resale Concessions 31 Operating Supplies Fall Harvest 31 Other Contracted Services Police 31 Janitor Service Den Road Liquor Store 31 Janitor Service Prairie View Liquor Store 31 Operating Supplies Tennis 31 Repair&Maint. Supplies Utility Operations-General 30 Operating Supplies Traffic Signals 30 Equipment Repair&Maint Public Safety Communications 30 Dues&Subscriptions Utility Operations-General 30 Conference/Training Community Development Admin. 30 Conference/Training Fleet Operating 30 Conference/Training Youth Programs Admin 30 Travel Expense Utility Operations-General 29 Training Supplies Organizational Services 29 Motor Fuels Fleet Operating 29 Equipment Repair&Maint Park Maintenance 28 Operating Supplies Fall Harvest 28 Tuition Reimbursement/School Police 28 Building Materials Park Maintenance 28 Merchandise for Resale Concessions 28 Conference/Training Police 28 Equipment Repair&Maint Senior Center Programs 28 Conference/Training Police 28 Merchandise for Resale Concessions 27 Operating Supplies Community Center Admin 27 Miscellaneous City Council 26 Operating Supplies Park Maintenance 25 Operating Supplies Community Center 25 Merchandise for Resale Concessions 25 Travel Expense Administration 25 Tuition Reimbursement/School Police 25 Travel Expense Economic Development 25 Travel Expense Economic Development 25 Travel Expense Communications 25 Building Materials Pioneer Park(EP Road) 25 Operating Supplies Park Maintenance 24 Tuition Reimbursement/School Police 24 Operating Supplies Youth Programs Admin 24 Operating Supplies Community Center Admin 24 Operating Supplies Community Center Admin 23 Operating Supplies Outdoor Center 23 Other Contracted Services Organizational Services 23 Fire Prevention Supplies Fire 23 Travel Expense Utility Operations-General 23 Operating Supplies Fire 23 Tuition Reimbursement/School Fire 22 Operating Supplies Outdoor Center 21 Equipment Parts Fleet Operating 20 Licenses,Taxes,Fees Water Treatment 20 Clothing&Uniforms Recreation Admin 20 Tuition Reimbursement/School Police 20 Software/Hardware Maint. IT Operating 20 Licenses,Taxes,Fees Water Treatment 19 Travel Expense Utility Operations-General 19 Operating Supplies Fitness Classes 19 Operating Supplies Community Center Admin 18 Operating Supplies Youth Programs Admin 18 Process Control Equipment IT Operating 18 Janitor Service Prairie Village Liquor Store 18 Training Supplies Police 18 Repair&Maint. Supplies Park Maintenance 17 Merchandise for Resale Concessions 17 Dues&Subscriptions Ice Lessons 17 Dues&Subscriptions Ice Lessons 17 Equipment Repair&Maint Water Treatment 17 Dues&Subscriptions Communications 17 Mileage&Parking Engineering 17 Miscellaneous City Council 17 Operating Supplies Outdoor Center 17 Operating Supplies Arts Center 16 Merchandise for Resale Concessions 16 Repair&Maint. Supplies Stormwater Collection 16 Operating Supplies Pool Operations 16 Operating Supplies Fall Harvest 16 Repair&Maint. Supplies Park Maintenance 16 Operating Supplies Community Center Admin 16 Equipment Repair&Maint Water Supply(Wells) 15 Training Supplies Organizational Services 15 Bank and Service Charges Community Center Admin 15 Bank and Service Charges Community Center Admin 15 Operating Supplies Community Center Admin 15 Operating Supplies Day Care 15 Dues&Subscriptions Police 15 Other Contracted Services Organizational Services 15 Operating Supplies Fitness Center 14 Travel Expense Utility Operations-General 14 Operating Supplies Reserves 14 Operating Supplies Prairie View Liquor Store 14 Operating Supplies IT Operating 14 Office Supplies Police 13 Operating Supplies Fall Harvest 13 Repair&Maint. Supplies Wasterwater Collection 12 Operating Supplies Community Center Admin 12 Operating Supplies Fall Harvest 11 Operating Supplies IT Operating 11 Repair&Maint. Supplies Round Lake 11 Operating Supplies Street Maintenance 11 Operating Supplies Organizational Services 10 Conference/Training Police 10 Operating Supplies Arts Center 10 Operating Supplies Outdoor Center 10 Operating Supplies Outdoor Center 10 Repair&Maint. Supplies Franlo Park 9 Operating Supplies Fall Harvest 8 Operating Supplies Lesson Skills Development 8 Conference/Training Police 8 Mileage&Parking Housing and Community Service 8 Merchandise for Resale Concessions 7 Operating Supplies Fall Harvest 7 Mileage&Parking Administration 7 Conference/Training Police 7 Protective Clothing Fire 7 Computers IT Operating 7 Operating Supplies Outdoor Center 6 Operating Supplies Inclusion 6 Operating Supplies Day Care 6 Operating Supplies Fire 5 Conference/Training Police 5 Mileage&Parking Utility Operations-General 5 Operating Supplies Senior Center Programs 4 Operating Supplies Day Care 3 Operating Supplies Volleyball 1 Bank and Service Charges Customer Service -1 Software IT Operating -2 Deposits Escrow -6 Operating Supplies Playgrounds -10 Printing Communications -10 Deposits Escrow -10 Deposits Escrow -30 Conference/Training Youth Programs Admin -58 Printing Communications -64 Repair&Maint. Supplies Round Lake -65 Deposits Escrow -150 Tuition Reimbursement/School Police -150 Tuition Reimbursement/School Police -156 Other Revenue General Fund -232 Deposits Escrow -300 Tuition Reimbursement/School Water Treatment -700 Tuition Reimbursement/School Police 69,102 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending XI.A. Police Department City Code Chapter 5, Section 5.35 Relating to Tobacco Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5, Section 5.35 relating to tobacco Synopsis State law prohibits the sale of tobacco products to anyone under 18 years of age,but allows municipalities to enact regulations regarding tobacco that are stricter than state law. Several Minnesota cities have recently adopted ordinances raising the minimum age at which a person can purchase tobacco products from 18 to 21. The City Council directed staff to craft such an ordinance for consideration. The City then consulted with ClearWay Minnesota, a nonprofit with the goal of reducing tobacco use and exposure. In addition to increasing the minimum purchase age from 18 to 21,the proposed ordinance adds new definitions and procedural provisions regarding license applications. In connection with these changes, the proposed ordinance is also re-organized to follow the same format as other Chapter 5 licensing sections. This re-organization will assist staff in administering the licensing provisions. Substantive changes to the current Section 5.35 are as follows: Subdivision 1: The purpose statement in subdivision 1 is revised to delete language regarding concerns about vending machines and other self-service merchandising of tobacco products. While the ordinance still retains prohibitions on vending machines and self-service merchandising,these are not main concerns surrounding tobacco regulation today. Subdivision 2: The ordinance adds definitions for "child-resistant packaging," "electronic delivery device," "nicotine or lobelia delivery product," "tobacco," and "tobacco-related devices." Each of these definitions come from state law and are intended to ensure that the ordinance regulates a comprehensive list of all tobacco-related products, including electronic cigarettes and vaping equipment. The current definitions of"movable place of business" and "self-service merchandising" are revised for clarification purposes. Subdivision 6: The current Section 5.35 does not contain procedural provisions regarding license applications, investigation, and issuance or denial. The new subdivision 6 adds these procedural provisions, which are consistent with changes being proposed to other Chapter 5 licensing ordinances. Subdivision 7: Subdivision 7.D is revised to increase the minimum age for sale of tobacco-related products from 18 to 21 years of age. Subdivision 7.H is added to require child-resistant packaging for certain liquid products. Subdivision 7.I requires retailers to post signage notifying customers of the legal sales age. Subdivision 8: Subdivision 8.A retains the same statutorily authorized administrative penalties as are provided in the current Section 5.35, while changing the violation age from 18 to 21. Subdivision 8.B specifies additional grounds for suspension or revocation of a license, and subdivision 8.0 provides the process by which a suspension or revocation will occur. This process affords anyone aggrieved by a license denial, suspension,or revocation the right to a hearing in front of an impartial hearing officer,who then makes a recommendation to the City Manager for a final decision. Subdivision 9: As with the penalty provisions in the current Section 5.35, subdivision 9 provides that violation of the ordinance is a misdemeanor. The proposed ordinance, however, deletes penalties against young people for using, purchasing, or possessing tobacco-related products. The current Section 5.35 states that it is a petty misdemeanor for anyone under the age of 18 to use, purchase, or possess such products. According to information provided by ClearWay Minnesota, there is a consensus from national health organizations that these types of penalties should be eliminated and that penalties should instead fall on the retailers who sell to underage persons.The proposed ordinance therefore only penalizes persons under 21 who purchase or attempt to purchase tobacco-related products using false identification. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATING TO TOBACCO; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.35, is hereby deleted in its entirety and replaced with the following: SECTION 5.35. TOBACCO Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease and various other medical disorders, and that initiation of the use of tobacco-related products occurs primarily in adolescence. The City desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air. The City Council further concludes that the prohibition of the sale of tobacco-related products by persons under twenty-one (21) years of age will promote the health, safety, and welfare of the residents of the City. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "Child-resistant packaging"is defined as set forth in Code of Federal Regulations,title 16, section 1700.15(b)(1), as in effect on January 1, 2015, when tested in accordance with the method described in Code of Federal Regulations,title 16, section 1700.20, as in effect on January 1, 2015. B. "Electronic delivery device"means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. C. "Movable place of business" means a business whose physical location is not permanent or is capable of being moved or changed, including,but not limited to, any business that is operated from a kiosk, other transportable structure, or a motorized or nonmotorized vehicle. D. "Nicotine or lobelia delivery product"means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by this Section. E. "Self-service merchandising" means open displays of tobacco-related products in any manner where any person shall have access to the tobacco products without the assistance or intervention of the licensee or licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco products between the customer and the licensee or employee. F. "Tobacco-related products" means tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products as defined in this subdivision. "Tobacco- related products" does not include any tobacco product, electronic delivery device, or nicotine or lobelia delivery product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco- dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. G. "Tobacco" means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish;plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. H. "Tobacco-related devices" means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. I. "Vending machine" means any mechanical, electric or electronic, self-service device which, upon inserting money, tokens or any other form of payment, dispenses tobacco products and including vending machines equipped with manual, electric or electronic locking devices. Subd. 3. License Required. No persons shall keep for retail sale, sell at retail or otherwise dispose of any tobacco-related product at any place in the City without first obtaining a license therefor from the City. Subd. 4. Exceptions. Reserved. Subd. 5. Ineligibility. A. No license shall be issued for the sale of tobacco-related products at a movable place of business. Subd. 6. License Applications. A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood,be grounds for denial or, if already issued, for revocation of the license. C. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. Upon approval of an application, whether initial or renewal, the license will not be effective until the license fee is paid. All license, application, and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees,may, from time to time,be amended by the Council. D. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application shall include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his or her written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. A licensee shall notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. E. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. F. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection E above,an initial application for a license under this Section shall be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the Licensing Technician shall issue and mail a license to the applicant at the address noted in the application. 2. Denial.The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing. The notice of denial shall be mailed by regular mail to the applicant at the address listed on the application. G. Term of License. Licenses issued under this Section will expire on December 31 of each year. H. Renewal of License.Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection E above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant's payment of the renewal fee, the Licensing Technician shall issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City's notice of non- renewal. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.C.2 and 8.C.3 of this Section. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations A. A license is subject to the conditions, restrictions, and regulations in this Section, all other provisions of City Code,and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee. C. The license must be posted in a conspicuous place in the premises for which it is used and must be exhibited to any person upon request. D. No person shall sell, offer for sale, give away, furnish, or deliver any tobacco-related product to any person under twenty-one (21) years of age. E. A licensee may sell tobacco-related products only in a direct face-to-face exchange between the licensee or the licensee's employee and the consumer. No person shall sell or dispense any tobacco-related product through the use of vending machines or self-service merchandising. This subsection E shall not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco-related devices and where the retailer ensures that no person younger than twenty-one (21) years of age is present, or permitted to enter, at any time. F. No person under eighteen(18) years of age shall sell tobacco-related products. G. Smoking for the purposes of sampling tobacco-related products is prohibited. It shall be unlawful for any person to light, inhale, or exhale tobacco-related products within the indoor area of any establishment licensed under this Section, or for any person to allow the same. H. The sale of any liquid, whether nor not such liquid contains nicotine, that is intended for human consumption and use in an electronic delivery device that is not contained in child- resistant packaging is prohibited. I. Notice of the legal sales age shall be posted at each location where tobacco-related products are offered for sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. Subd. 8. Administrative Penalties, Suspension, and Revocation A. Administrative Penalties 1. If a licensee or employee of a licensee sells tobacco-related products to a person under the age of 21 years, or violates any other provision of Minnesota Statutes, Chapter 461, the licensee will be charged an administrative penalty of $75. An administrative penalty of$200 will be imposed for a second violation at the same location within twenty-four (24) months after the initial violation. For a third violation at the same location within twenty-four (24) months after the initial violation, an administrative penalty of $250 will be imposed, and the licensee's authority to sell tobacco-related products at that location will be suspended for not less than seven (7) days. For a fourth violation at the same location within twenty- four(24) months after the initial violation, the licensee's authority to sell tobacco- related products at that location may be revoked. 2. An individual who sells tobacco-related products to a person under the age of twenty-one (21) years will be charged an administrative penalty of$50. 3. No suspension or penalty may be imposed until the licensee or individual sought to be charged pursuant to subsection A.1 or A.2 of this subdivision has received written notice, served personally or by mail, of the alleged violation and an opportunity for a hearing in accordance with the procedures in subsection C of this subdivision. B. Grounds for Suspension or Revocation. In addition to the penalties described in subsection A of this subdivision, the City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Failure to comply with any applicable statute, regulation, or ordinance, including this Section, relating to the sale or use of tobacco-related products. 3. Failure to pay the amount of any penalty imposed pursuant to Subdivision 8.A of this Section within ten(10)days after notice in writing from the City of the decision to impose a penalty. C. Procedure. 1. Notice. A suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the licensee and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten(10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until (a) the licensee's time to request a hearing expires; or(b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) days and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of the renewal application or suspension or revocation of the license,he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be denied renewal, suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten(10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager.Any person aggrieved by final decision of the City may seek review in district court. Subd. 9. Violations. A. Violation a Misdemeanor. 1. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. 2. It is an affirmative defense to the charge of selling tobacco-related products to a person under the age of twenty-one (21) years in violation of this Section that the licensee or individual making the sale relied in good faith upon proof of age by(1) a valid driver license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or(3) in the case of a foreign national, from a nation other than Canada, by a valid passport. B. False Identification. A person under twenty-one (21) years of age who, in connection with the purchase or attempted purchase of tobacco-related products, attempts to disguise his or her true age by the use of a false form of identification,whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person, is guilty of a misdemeanor. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective February 1, 2019. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of November, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. tAMERICAN LUNG ASSOCIATION® IN MINNESOTA Board of Directors November 6th,2018 Chair Dear Eden Prairie Councilmembers, James Ehlen, MD I am writing on behalf of the American Lung Association in Minnesota,the oldest voluntary Chair Elect health organization in the country.Our mission is to promote lung health and prevent lung disease.We strongly support the proposed ordinance that would increase the minimum legal Craig Schilling, PharmD sale age of tobacco to 21. Directors For the first time in seventeen years,youth use is on the rise in Minnesota.While youth use of Carin Anderson cigarettes is at an all-time low,there has been a 40%increase in electronic cigarette use resulting in 26%of youth reporting tobacco use in the last 30 days.Youth are heavily targeted Ken Bence by the tobacco industry in their neighborhood stores and on social media. Promotions of fruit Gail Brottman,MD and candy flavored products make it challenging for youth to understand the harmful effects of Angie Carlson,PhD use. Steven Christopher Catherine Erickson,RN Vicki Klasell Susan Kratz This early tobacco use is especially problematic because of ongoing and critical brain Heidi Larson development in the late adolescent and young adult years,but also because of an increased likelihood of such early smoking to lead to a lifelong addiction. In fact,more than 95%of long- Audrene Lojovich term smokers started before the age of 21 and 25%of youth who experiment become David Midthun,MD committed smokers. Lin Nelson Sara Ratner Communities who have increasing the minimum legal sale age of tobacco to 21 has had a significant impact on youth use.Research predicts a 25%decrease as a result of passing a Arnel Rillo tobacco 21 policy. Richard Sveum, MD Dave Tjaden We respectfully urge you to support this and any future efforts protect your community from Richard Woellner,MD tobacco's harm and to keep e-cigarettes out of the hands of kids.Thank you for your consideration. Executive Director Greg Voss Thank you, Pat McKone American Lung Association 424 W Superior St,Ste 202 I Duluth, MN 55802 Ph:218-726-4721 F:218-726-4722 Please remember the American Lung Association in your will or trust. 490 Concordia Ave I St. Paul,MN 55103 1 1)(1 lUljGLJ / Ltina.or, Ph: 651-227-8014 F: 651-227-5459 Info@LungMN.org Association for Nonsmokers-Minnesota October 16, 2018 Eden Prairie City Council City Center 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and Members of the Eden Prairie City Council: The Association for Nonsmokers- MN (ANSR) strongly supports your efforts to increase the tobacco sales age to 21 in Eden Prairie. Our organization has a long history of helping restrict youth access to tobacco by supporting policies like the one you are currently considering. For decades, the tobacco industry has targeted youth to replace their consumer base. Tobacco executives admitted to these intentions in countless emails and industry documents throughout the late 20th century.Now, the industry is craftier, but their intentions are still clear. Tobacco products are marketed and sold in ways that are appealing to teens. E-cigarettes closely resemble flash drives or cell phones and are advertised and purchased through social media and the internet. In 2017, for the first time in decades, youth tobacco use rose because of the influence of these devices. At the state and federal level, youth nicotine use is a serious health concern. The Minnesota Department of Health recently issued a health warning detailing the risks of nicotine addiction in teens, and the FDA called youth use of e-cigarettes an epidemic. Nicotine negatively affects the developing brain and can limit learning, memory, and attention. Teenagers who use e-cigarettes are more likely to be burdened with addiction to tobacco or other drugs later in life. Your city council has the opportunity to take action against this growing problem. Smoking remains the leading preventable cause of death in Minnesota, and most smokers become addicted before they are 21.Raising the tobacco sales age to 21 will restrict tobacco use for 18-20 year old young people, and will help cut-off access to these products by younger teens. This policy is an important step towards improving the health of your community. Increasing the tobacco sales age to 21 in Eden Prairie will prevent your young people from facing a lifetime of addiction, and your city will set a positive example for other communities looking to improve the lives of their youth. Thank you for prioritizing the wellness of your community above the interests of the tobacco industry. ANSR strongly supports your efforts, and we are available to provide any technical assistance you may need as this legislation moves forward. Sine , Je nne Weigum resident-Association for Nonsmokers- Minnesota c 2395 University Avenue West Suite 310 Saint Paul, MN 55114-1512 MEETS STAND os Tel 651.646.3005 Fax 651.646.0142 e-mail: ansrmn@ansrmn.org website: www.ansrmn.org Blue Cross and Blue Shield of Minnesota as BlueCross P.O_Box 64560 ppD V. BlueShield St.Paul, MN 55164-0560 (651)662-8000/ 800)382-2000 Minn e s o t a November 2, 2018 Mayor Nancy Tyra-Lukens and Members of the Eden Prairie City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Honorable Mayor Tyra-Lukens and Council Members: I am writing to urge you to support the proposed ordinance to raise the minimum sale age of tobacco products, including e-cigarettes, from 18 to 21. As the largest health plan in Minnesota, Blue Cross and Blue Shield of Minnesota is committed to improving the health of all Minnesotans, which is why we strongly support local policy change to keep youth away from the harms of tobacco. We know that almost 95 percent of addicted smokers started smoking by the age of 21. The tobacco industry also knows this and heavily targets 18-to-21-year-olds. By using tactics like menthol and candy flavoring, magazine advertisements and event sponsorships to attract young people, the tobacco industry aggressively markets to youth and young adults to recruit replacement smokers and guarantee profits. This year, youth tobacco use in Minnesota increased for the first time in 17 years and much of that is due to a 50 percent increase in the use of e-cigarettes or vaping products. This ordinance will have a direct impact on reducing youth access to these products. You may have heard about the potential economic losses that retailers claim to face because of this ordinance. According to a 2017 Blue Cross study, smoking costs Minnesotans $7.5 billion annually in health care costs and lost productivity. The staggering costs of tobacco in both health care costs and loss of life cannot be compared to the loss of profits for those who want to continue to sell these lethal products. I hope you will take this positive step toward making a smoke-free generation for Eden Prairie youth. Sincerely, 49-4-1--/-g(66 Vice President, Community Health and Health Equity Blue Cross and Blue Shield of Minnesota Co-chair, Minnesotans for a Smoke-free Generation smokefreegenmn.org bluecrossmn.com Lomas Blue Cross'and Blue Shiold'of Minnesota and Blue Plus®are nonprofit independent licensees of the Blue Cross and Blue Shield Association. Coalition of Neighborhood Retailers , N „ Minnesota MSSA F MGA= ' 'L"''J NATO RETAILERS o p ^��m^= � Association Minnesota Service Station .1 and Convenience Store Association October 30, 2018 Mayor Nancy Tyra-Lukens Council Member Brad Aho Council Member Sherry Butcher Wickstrom Council Member Ron Case Council Member Kathy Nelson 8080 Mitchell Road Eden Prairie, MN 55344 Re: Issue of Raising the Legal Age to Purchase Tobacco Dear Mayor Tyra-Lukens and Eden Prairie Council Members, The retail trade associations that comprise the Coalition of Neighborhood Retailers and our respective retail store members located in Eden Prairie appreciate the opportunity to share information and further concerns about the city council potentially raising the legal age to purchase tobacco products. This letter will focus on three main points. First compliance checks carried out by the Minnesota Department of Health using minors to buy tobacco demonstrate that Minnesota retailers have achieved high compliance rate of not selling to minors. Second, passing this ordinance in Eden Prairie creates an island of regulation as adjacent cities have not adopted a similar ordinance, and especially when legislation for raising the purchase age to 21 has been considered at the state legislature. Finally, increasing the purchase age to 21 without also including a consumption and possession ban for individuals 18, 19, or 20 years of age achieves no health benefit except to create an ordinance that will harm lawful retail businesses while exacerbating the ability of underage youth to continue to obtain tobacco from their"social sources." Eden Prairie Retailers Compliance Rate is higher than 97% Eden Prairie retailers have undergone tobacco inspection compliance checks by the FDA and Minnesota Department of Human Services which utilize minors trying to buy tobacco products. Eden Prairie retailers have compiled an almost perfect 97% compliance rate by not selling tobacco to minors in 2017/18. The data sheet accompanying this letter directly from the FDA reflects these results and can be accessed at (www.FDA.gov). This information shows overwhelmingly that minors are predominantly accessing tobacco from sources other than retailers. In other words, retailers are part of the solution, not the problem. With retailers doing their part to comply with the law by not selling tobacco products to minors, the underlying purpose of raising the legal age to buy tobacco products to age 21 is misplaced. In other words, prohibiting a retailer from selling tobacco products to adults who are 18, 19 and 20 years of age will do nothing to solve the underage use of tobacco products and only serve to damage law abiding retailers in your city. We encourage this council to closely consider the justification for penalizing lawful retailers in Eden Prairie by removing their ability to sell a legal product to 18, 19 and 20-year old adults. Social Sources Are the Real Problem that an Age 21 Ordinance Would Not Solve According to proponents of this proposal,raising the age to 21 is necessary because of access and marketing to youth. However, a 2018 report titled "Substance Abuse in Minnesota: A State Epidemiological Profile,"underage 8th, 9th and 1 1th graders in Minnesota use marijuana at much higher rates than tobacco. Marijuana is not legal and the product is not commercially marketed. This study suggests that teens deciding to use a chemical or product is less about marketing and access and more about social"peer" pressure and stigma. The report also shows that educating youth about the risks and health impacts of tobacco has been effective in reducing underage use of tobacco across Minnesota. The study can be found at http://sumn.org/'/media/542/MNEpiProfile2018.pdf and the actual data is listed in the table below: Substances used in the last 30 days: Grade Tobacco (Extensive education Marijuana(Illegal substance in MN) campaign) 8th graders 2.8% 5.4% 9th graders 4% 6.7% 11th graders 8.4% 22.7% In 2016, the U.S. Food and Drug Administration (FDA) published the findings of the agency's Population Assessment of Tobacco and Health (PATH) Study which demonstrate that the vast majority of underage youth obtain access to tobacco from non-retail sources, also referred to as "social sources." These social sources include older friends, adult age siblings,parents and even strangers. As shown on the accompanying chart provided by the FDA and summarized in the table below,minors rely on social sources and use various methods to obtain access to cigarettes 86.1% of the time, to obtain access to electronic cigarettes 89.5% of the time, and to obtain access to cigars 75.6% of the time. Product Gave Bought Asked Someone Other or Social Bought at Someone From for a Tobacco Don't Sources a Retail Money to Someone Product or Know or Percentage Store Buy Else, Stole Someone Offered Refused From a a Tobacco to Person or Product Answer Store Cigarettes 32% 6.6% 42.5% 5% 86.1% 13.8% _ E-Cigarettes 17.3% I 5.8% 56.7% 9.7% 89.5% 10.5% Cigars 34.2% 4.1% 37.3% NA 75.6% 21% Raising the legal purchase age to 21 does not address the problem of youth obtaining tobacco through social sources. Until all levels of government focus on solving the social sources problem, then there will not be a significant reduction in youth access to tobacco products. A societal attitude change needs to occur so that adults understand that it is not permissible to provide tobacco to underage youth. Retailers believe that advocates who lobby local governments restrict new products for adults, such as e- cigarettes and vapor devices, or raise the legal age to purchase tobacco while not prohibiting possession and use, is an overreaction. Further education for teens and their parents may be a better solution rather than taking adults rights away. Education has been proven to be successful as the use of traditional tobacco has decline significantly in the last several years. Cities Deciding Not to Move Forward on Raising Legal Age for Tobacco Purchases An increasing number of cities around the state have considered the Tobacco 21 issue and made the decision not to move forward at this time. These cities include: Detroit Lakes, Elk River, Sartell, Waite Park, Sauk Rapids, St. Cloud, St. Joseph, St. Augusta, Lakeville and Mankato. Please carefully examine whether the right choice for Eden Prairie residents is an Age 21 ordinance that prohibits 18, 19 and 20-year old adults from purchasing legal tobacco products. This is even more significant when you take into account the importance of allowing young adults to purchase tobacco products that fall in the "harm reduction" category such as electronic cigarettes that can help many adults transition away from combustible tobacco products. Every adult should be allowed to have the option of purchasing less harmful tobacco products. Eden Prairie Will Be an Island of Unnecessary Regulation; State Legislation Should be Considered A uniform law applied to the entire state should be preferred instead of making Eden Prairie an uncompetitive island for its lawful businesses. To that end, there was legislation to increase the age to purchase tobacco products to 21 introduced at the legislature during the most recent session. For your reference Senate File 2370 was introduced on May 4, 2017 with bipartisan support. We urge this council consider this regulation is more suited for statewide consideration. Allowing Possession and Use Changes Nothing, Except Harming Retail Businesses in Eden Prairie The dialogue around raising the legal age to 21 centers on whether to make it illegal for 18, 19 and 20 year olds to possess and consume tobacco products in addition to prohibiting the sale to these adults. The advocates who are proposing to raise the legal purchase age to 21 claim that there will be a health benefit because 18, 19 and 20 year olds would then not use tobacco products nor serve as a social source for underage youth. However, if 18, 19 and 20-year-old adults are not prohibited from possessing and using tobacco products, these adults will simply drive to a neighboring or nearby city or town, purchase their preferred tobacco products, and then legally possess and use them in Eden Prairie. This also means that these adults can continue to be a social source of tobacco for minors. In other words, the public health benefit claimed will be marginal to non-existent, but your local retailers would suffer the financial loss of tobacco sales to legal age adults along with reduced gasoline,snack and beverage sales when these adults drive to nearby towns to patronize other retailers. We appreciate you considering our concerns and urge you to not pass an ordinance that would raise the legal age to 21 to purchase tobacco products. Sincerely, Lance Klatt, Executive Director Jamie Pfuhl, President Minnesota Service Station Association Minnesota Grocers Association Holly Werner, Executive Director Thomas Briant, Executive Director Minnesota Petroleum Marketers Association National Association of Tobacco Outlets Bruce Nustad, President Minnesota Retailers Association ClearWay- M [ NNESOTA October 18, 2018 The Honorable Nancy Tyra-Lukens and Members of the Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and Council Members, I am the Chief Executive Officer of ClearWay Minnesota, an independent nonprofit organization that works to reduce tobacco's harm in our state. I am writing to urge you to support raising Eden Prairie's tobacco age to 21. The devastating harms of tobacco addiction are well documented. For elected leaders such as yourselves, the question is not"What does smoking do?"but"What can we do to stop it?" Tobacco 21 policies address that question in the best possible way: by preventing kids from starting. The vast majority of addicted smokers start at very young ages. About 95 percent of adult smokers begin before age 21. That means everything possible should be done to stop young people from smoking before they reach that age. Immediate action is needed to prevent nicotine addiction among youth. In a new health advisory, the Minnesota Department of Health called youth nicotine addiction a"major health concern" and the FDA recently said youth e-cigarette use is an"epidemic." For the first time in 17 years, youth tobacco use has risen in Minnesota. The 2017 Minnesota Youth Tobacco Survey found that more than 26 percent of high-school students report using tobacco products, up 7 percent since 2014. This frightening trend is driven largely by a sharp rise in e-cigarette use. According to the same survey, Minnesota has seen a nearly 50 percent surge in high-school students using e-cigarettes—from 13 percent in 2014, to 19 percent in 2017. The explosion of e- cigarette use is no surprise, given their easy access,prolific advertising and kid-friendly flavors. Nicotine harms the developing adolescent brain, whether in a cigarette, e-cigarette or other product. Communities can—and must—do more to keep young people from getting hooked on commercial tobacco products in all forms. Tobacco 21 prevents youth smoking by creating barriers to getting tobacco products from social sources. Most kids get cigarettes and tobacco products from older friends. Raising the tobacco sale age to 21 will help get tobacco products out of high schools, where there are plenty of 18- year-olds but no 21-year-olds. Reducing tobacco's harm, f Iwo Applelree Souare.8011}.nth Avenue South Suite ail[]•Minns auolis MN 551 5 i OW 17oi MOO F±95[1767-14L'2 rl=nrr:aVinn art; We all bear the costs of tobacco use, which is the leading cause of preventable death and disease in Minnesota. Tobacco costs our state an estimated$7 billion in health and lost productivity and takes the lives of more than 6,300 Minnesota residents each year. Preventing youth from ever starting tobacco will help reduce this tremendous burden on our state. Eighteen-to-20-year-old customers account for approximately 2 percent of tobacco sales,but they provide tobacco products to the majority of underage tobacco users. Through Tobacco 21, this community can make a choice that puts the health benefit of saving kids from a lifetime of addiction and disease above a slight disruption to retailers. Six U.S. states and more than 340 municipalities across the country have already raised the age. Already there are studies showing youth smoking reductions from Tobacco 21, and Minnesota research projects huge declines in youth smoking if these policies are adopted statewide. The impact of Tobacco 21 would be most significant on the state level, but Minnesota communities are not waiting to improve health. Just like in the Freedom to Breathe movement, local governments can chart a path toward statewide action. To date, 13 Minnesota communities have passed Tobacco 21 policies, and Eden Prairie can join these leading localities to build momentum for state action. Stopping youth smoking doesn't just prevent future disease and death, it also reduces excess medical costs, which are an enormous burden on individuals, families and taxpayers. I hope Eden Prairie will consider and pass this life-saving policy. Thank you. Sincerely, David J. Willoughby, M.A. Chief Executive Officer ClearWay MinnesotasM Compliance Check Inspections of Tobacco Product Retailers Through 9/30/18 - Search Results You searched for: City contains:Eden Prairie State is:MN Decision Date:01/01/2017 through 10/25/2018 40 record(s)returned MINOR SALE PRODUCT INSPECTION DECISION INSPECTION 'CHARGES RETAILER NAME ADDRESS INVOLVED TO TYPE DATE DATE RESULT MINOR 7400 MITCHELL NO VALLEY VIEW ROAD YES NO N/A NOT 9/10/18 VIOLATIONS N/A BP EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 10180 HENNEPIN TOWN NO NOT WALGREENS ROAD YES NO N/A AVAILABLE 7/3/18 VIOLATIONS N/A EDEN OBSERVED PRAIRIE MN-55347 13991 ANDERSON LAKES NO LUCKY'S STATION/GULF NPARKWAY YES NO I N/A AVT AILABLE 4/12/18 VIOLATIONS N/A EDEN OBSERVED PRAIRIE MN-55344 16395 WAGNER NO WALGREENS WAY YES NO N/A NOT 4/12/18 VIOLATIONS N/A #6280 EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 10180 HENNEPIN 1140.14 TOWN WARNING (b)(2)(i)-Failure to WALGREENS ROAD YES YES ENDS 11/29/17 12/14/17 LETTER verify age; EDEN ISSUED 1140.14(b)(1)-Sale PRAIRIE to a Minor MN-55347 11190 62ND ST.W. NO NOT SHADY OAK BP EDEN YES NO N/A AVAILABLE 12/7/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 12619 VALLEY NO VIEW NOT HOLIDAY EDEN RD YES NO N/A AVAILABLE 12/7/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 7447 EDEN PRAIRIE NO ROAD HOLIDAY#386 EDEN YES NO 'N/A NOVAILABLE 12/7/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55346 6355 POINT NO SUPERAMERICA E ENE RD YES NO N/A NOT 11/30/17 VIOLATIONS N/A #4441 AVAILABLE PRAIRIE OBSERVED MN-55344 Page 1 of 4 Compliance Check Inspections of Tobacco Product Retailers Through 9/30/18 - Search Results 8051 FLYING I- CLOUD DR. NO NHOLIDAY#402 EDEN YES NO N/A AVAILABLE 11/30/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 8015 DEN RD. NO NCUB FOODS EDEN YES NO N/A I AV 11/30/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 16425 W. I SUPERAMERICA 78TH ST. NOT NO #4159 EDEN YES NO N/A AVAILABLE 11/30/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55346 6213 DELL RD. NO HOLIDAY#343 EDEN YES NO N/A AVATILABLE 11/30/17 VIOLATIONS N/A NPRAIRIE OBSERVED MN-55344 8100 FLYING CLOUD BOBBY& NO NOT STEVE'S AUTO DDENE YES NO N/A I AVAILABLE 11/29/17 VIOLATIONS N/A WORLD PRAIRIE OBSERVED MN-55344 12195 SINGLETREE NO WAL-MART LN. YES NO N/A NOT 11/29/17 VIOLATIONS I N/A #1855 EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 13195 PIONEER NO SUPERAMERICA TRL YES NO N/A NOT 11/29/17 VIOLATIONS�N/A #4269 EDEN AVAILABLE OBSERVED PRAIRIE MN-55347 I 8795 COLUMBINE GREEK GRILL& ROAD I NOT NO FRY CO. EDEN YES NO N/A AVAILABLE 11/29/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 8240 FLYING CLOUD NO WALGREENS DRIVE YES NO N/A NOT 11/29/17 VIOLATIONS N/A #12044 EDEN AVAILABLE PRAIRIE OBSERVED MN-55344 9625 ANDERSON LAKES NO NJERRY'S FOODS PARKWAY YES NO N/A AVT 11/29/17 VIOLATIONS I N/A I EDEN OBSERVED PRAIRIE MN-55344 7400 MITCHELL NO VALLEY VIEW ROAD YES NO N/A NOT 11/8/17 VIOLATIONS N/A BP EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 Page 2 of 4 Compliance Check Inspections of Tobacco Product Retailers Through 9/30/18 - Search Results 16395 WAGNER WALGREENS WAY YES NO N/A I NOT I NO I 9/21/17 VIOLATIONS N/A #6280 EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 13991 ANDERSON LAKES NO LUCKY S PARKWAY YES NO N/A NOT AVAILABLE 9/21/17 VIOLATIONS N/A STATION/GULF EDEN OBSERVED ____ -PRAIRIE MN-55344L _ _ 6213 DELL RD. NO NHOLIDAY#343 EDEN NO NO N/A AVT 8/8/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 L - 16425 W. SUPERAMERICA 78TH ST. NOT NO #4159 EDEN NO NO N/A AVAILABLE 7/27/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55346L 11190 62ND ST.W. NO NSHADY OAK BP EDEN NO NO N/A AVT AILABLE 5/8/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 12619 VALLEY NO VIEW NOT HOLIDAY EDEN RD NO NO N/A AVAILABLE 5/8/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 7447 EDEN PRAIRIE NO ROAD HOLIDAY#386 EDEN NO NO N/A AVT AILABLE 5/8/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55346 9625 ANDERSON LAKES NO JERRY'S FOODS PARKWAY NO NO N/A AV 5/8/17 VIOLATIONS N/A EDEN OBSERVED PRAIRIE MN-55344 10180 HENNEPIN WALGREENS TOWN NOT NO #05080 ROAD NO NO N/A AVAILABLE 5/5/17 VIOLATIONS N/A EDEN OBSERVED PRAIRIE L MN-55347 8240 FLYING CLOUD NO WALGREENS DRIVE NO NO N/A NOT 5/5/17 VIOLATIONS N/A #12044 EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 8100 FLYING CLOUD BOBBY& DRIVE NOT NO STEVE'S AUTO EDEN NO NO N/A AVAILABLE 5/5/17 VIOLATIONS N/A WORLD PRAIRIE OBSERVED MN-55344 Page 3 of 4 Compliance Check Inspections of Tobacco Product Retailers Through 9/30/18 - Search Results 8015 DEN F RD. NO NCUB FOODS EDEN NO NO N/A AVT AILABLE 5/5/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344L r 12195 SINGLETREE WAL-MART LN. NOT NO #1855 EDEN NO NO N/A AVAILABLE 5/5/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 13195 PIONEER NO SUPERAMERICA TRL NO NO N/A NOT 5/5/17 VIOLATIONS N/A #4269 EDEN AVAILABLE OBSERVED PRAIRIE MN-55347 r 8051 FLYING CLOUD DR. NO NHOLIDAY#402 EDEN NO NO N/A AVAILABLE 5/5/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 6355 POINT NO SUPERAMERICA EDENE RD NO NO N/A NOT 5/5/17 VIOLATIONS N/A #4441 PRAIRIE AVAILABLE OBSERVED MN-55344 13991 ANDERSON LAKES NO LUCKY'S STATION/GULF NPARKWAY YES NO N/A AVT AILABLE 2/4/17 VIOLATIONS N/A EDEN OBSERVED 1 PRAIRIE MN-55344 8795 COLUMBINE NO GREEK GRILL& ROAD YES NO N/A NOT 2/4/17 VIOLATIONS N/A FRY CO. EDEN AVAILABLE OBSERVED PRAIRIE MN-55344 - - 16395 WAGNER NO WALGREENS WAY YES NO N/A NOT 2/4/17 VIOLATIONS N/A #6280 EDEN AVAILABLE OBSERVED I_ PRAIRIE MN-55344 7400 MITCHELL NO ROAD NOT BP EDEN YES NO N/A AVAILABLE 2/4/17 VIOLATIONS N/A PRAIRIE OBSERVED MN-55344 Page 4 of 4 00 tilp American Heart Association October 23, 2018 Dear Mayor Tyra-Lukens and Members of the Eden Prairie City Council: I am writing on behalf of the American Heart Association to express our support for the proposed ordinance that would raise the minimum sales age for tobacco products from 18 to 21 in Eden Prairie. A national consensus is growing to prevent addictions and future health problems by ensuring that those who sell tobacco products do so to adults who are 21 and older. The National Academy of Medicine reports that there would be a 25 percent reduction in smoking initiation among 15-to-17-year-olds if the age to purchase tobacco was raised to 21. Preventing youth from starting to smoke is essential to reducing smoking prevalence, considering that almost 95 percent of addicted adult smokers started before age 21. Increasing the age gap between kids and those who can legally buy tobacco will help remove access to tobacco products from the high-school environment and stop the start. In Minnesota, the cities of Edina, St. Louis Park, Bloomington, Plymouth, North Mankato, Shoreview, Falcon Heights, Roseville, Richfield, St. Peter, Minneapolis, Minnetonka and Excelsior have also raised the minimum age to purchase tobacco from 18 to 21 and many cities statewide are considering adopting this policy. We need to continue to do everything we can to protect the health of our young people. Eden Prairie has the opportunity to help prevent another generation from becoming lifelong tobacco users. Thank you for your consideration. Sincerely, 7.--- ..._.._.Cy.:..._._.--i--z;r „t Sarah Sanchez Community Advocacy Director 612-991-7398 sarah.sanchez@heart.org American Heart Association 12750 Blue Water Road, Ste. 250 I Eagan I MN 155121 HealthPartners 8170 33rd Avenue South Bloomington,MN 55425 ♦ HealthPartners® healthpartners.com Mailing Address: PO Box 1309 Minneapolis,MN 55440-1309 October 17,2018 The Honorable Mayor Tyra-Lukens and Members of the City Council 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and City Council Members: On behalf of the 26,000 employees at HealthPartners, including our almost 600 employees who live in Eden Prairie,we want to express our strong support for the proposed ordinance to raise the age for sales of tobacco products to 21, including e-cigarettes. It is HealthPartners' mission to improve health and well-being in partnership with our members, patients and the community. Nearly every adult smoker(approximately 95%)started before they were 21. For years tobacco use has been the number one preventable cause of death in our country and our state. Smoking costs the state more than$3 billion annually in excess health care costs and each year more than 6,000 Minnesotans die from tobacco-related diseases. As you may know,teen tobacco use in Minnesota has also risen, primarily due to a sharp increase in e- cigarette use.The FDA recently called youth e-cigarette use an epidemic,and in a recent editorial,said "We cannot let e-cigarettes become an on-ramp to teenage addiction." We echo those concerns and implore you to include e- cigarettes in any proposal considered by the city. 18-21 is a critical time when young people move from intermittent smoking to daily use. In addition to the countless long-term negative health effects of tobacco, nicotine itself is known to be particularly harmful to the development of the adolescent brain. Research suggests that nicotine interferes with brain maturation and can have long term effects on development and mental health. A recent report from the Institute of Medicine found that increasing the tobacco sales age to 21 would also mean that smoking initiation among 15-17-year-olds would be reduced by 25 percent. Thank you for you for being a leader in our state and taking a positive step towards keeping tobacco out of the hands of our children. Sincerely, 1a /tat 7 /. Dr.Thomas Kottke, M.D. HealthPartners Medical Director,Well-being M INNESOTA 1300 Godward Street NE,Suite 2500 MEDICAL Minneapolis,Minnesota 55413 612-378-1875 800-342-5662 ASSOCIATION mnmed.org October 29, 2018 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and City Council Members: I am pleased to provide this letter of support on behalf of the Minnesota Medical Association (MMA) for efforts by the City of Eden Prairie to raise the minimum legal sale age for tobacco products to 21. The MMA represents more than 10,000 physicians, medical residents, and medical students throughout Minnesota. In our efforts to help make Minnesotans the healthiest in the nation, preventing death and disease caused by tobacco and secondhand smoke has long been an MMA goal. The MMA proudly and actively supported passage of the Freedom to Breathe Act in 2007, and strongly supports restricting the sale of tobacco products to individuals under the age of 21. As of September 6, 2018, six states (California, New Jersey, Massachusetts, Oregon, Hawaii and Maine) and at least 350 localities in 21 states and the District of Columbia have raised the minimum legal sale age for tobacco products to 211. The cities of Bloomington, Edina, Excelsior, Falcon Heights, Lauderdale, Minneapolis, Minnetonka, North Mankato, Plymouth, Richfield, Roseville, Shoreview, St. Louis Park and St. Peter are now counted in the growing list of localities that have taken action to protect our youth from the harms of tobacco, and it is our hope that the City of Eden Prairie and the rest of Minnesota will follow suit. Cigarette smoking remains the leading preventable cause of death in the United States2, and while there are many strategies already in place to reduce the use of tobacco, a strategy is needed to ensure that adolescents and young adults to do not start to smoke. Raising the minimum legal sale age for tobacco products will delay initiation rates of tobacco use by adolescents and lower prevalence in the overall population.3 In addition, the downstream 1 Campaign for Tobacco Free Kids,States and Localities that Have Raised the Minimum Legal Sale Age for Tobacco Products to 21, available at: https://www.tobaccofreekids.org/content/what we do/state local issues/sales 21/states localities MLSA 21.pdf 2 Centers for Disease Control and Prevention (CDC), Health Effects of Smoking, available at: https://www.cdc.gov/tobacco/data statistics/fact sheets/health effects/effects cJ smoking/ effects of smoking-tobacco-related disease -will also decrease in proportion to the reduction in tobacco use. On behalf of the MMA, I urge you to acknowledge the long-term effects of tobacco use on the adolescent brain and adopt an ordinance to protect this community's children. Sincerely, Douglas L. Wood, MD MMA President National Academy of Medicine, Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products, March 2015, available at: http://www.nationalacademies.org/hmd/Reports/2015/TobaccoMinimumAgeReport.aspx INCREASE THE TOBACCO AGE TO 21 Minnesotans agree: We can do more to prevent kids from becoming addicted. A national consensus is growing to prevent addictions and future health problems by ensuring that those who sell tobacco products do so to adults who are 21 and older. Minnesotans for a Smoke-Free Generation supports this movement. RAISING THE IN 2017, YOUTH TOBACCO USE IN TOBACCO AGE TO MINNESOTA-ROSE FOR THE FIRST 21 WILL PREVENT TIME IN 17 YEARS.3 YOUTH TOBACCO •Over 26 percent of Minnesota high-school USE AND students use tobacco.3 OVER IIN SAVE LIVES. a 11'110 26 sipf 10,0 21 ALMOST 95 PERCENT . OF ADDICTED ADULT . YEARS SMOKERS STARTED SMOKING BY AGE 214 • Increasing the age gap between kids and those who can legally buy tobacco will •_ e _ e _ -_ ess to tobacco-products from the high-school environment. =C =II 30,000 THERE IS BROAD KIDS SUPPORT FOR RAISING THE TOBACCO AGE TO 21. • A national survey shows that 75 percent of adults favor increasing _ Research predicts a the minimum sale age for 25 percent reduction tobacco to 21.5 _ 21 in smoking initiation • Even 70 percent of smokers among 15-17-year-olds,' are in support of raising the YEARS minimum legal age. and 30,000 fewer young smokers in Minnesota.2 vi4 MINNESOTANS FOP A 1 •� SMOKE- FREE GENERATION 3-13-18 STATE AND LOCAL TOBACCO GOVERNMENTS ARE TAKING 6,GE ACTION TO PROTECT YOUTH. • Several cities in Minnesota have raised the age to 21. (-4-• " O • Five states and more than 290 localities in the United States have raised the tobacco age to 21. 21 • Needham, Massachusetts,found that smoking among YEARC high-school students fell by nearly half after raising the age to 21.6 `' NICOTINE IN ANY FORM HARMS THE tel ADOLESCENT BRAIN . . . AND YET BIG 411 TOBACCO STILL MARKETS TO YOUTH. LZ1'�,. • Nicotine is addictive, and adolescents are especially vulnerable to the health impacts of tobacco use.' • The tobacco industry aggressively markets to youth and young adults to recruit replacement smokers and guarantee profits.8'9 Minnesotans for a Smoke-Free Generation supports policies that reduce youth smoking and help end the death and disease associated with tobacco use, including raising the tobacco age to 21, limiting youth access to menthol-, candy- and fruit-flavored tobacco, keeping tobacco prices high and funding future tobacco prevention and cessation efforts. Find out more at www.smokefreegemmn.org. 1. National Academy of Medicine.Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products.National Academy Press.2015. 2. Boyle,Raymond.Tobacco 21:A Life-Saving Opportunity We Cant Afford to Miss.MinnPost.2017. 3. Minnesota Department of Health.Teens and Tobacco in Minnesota:Highlights From the 2017 Youth Tobacco Survey.2018. 4. U.S.Department of Health and Human Services.Results From the 2010 National Survey on Drug Use and Health:Summary of National Findings.Substance Abuse and Mental Health Services Administration-Center for Behavioral Health Statistics and Quality.2014. 5. King BA,et al.Attitudes toward raising the minimum age of sale for tobacco among U.S.adults.Am J Prev Med.2015. 6. Kessel Schneider S,et al Community reductions in youth smoking after raising the minimum tobacco sales age to 21.Tob Control.2015. 7. U.S.Department of Health and Human Services.The Health Consequences of Smoking:50 Years of Progress.A Report of the Surgeon General.U.S.Department of Health and Human Services,Centers for Disease Control and Prevention,National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and Health.2014. 8. King BA,et al.Attitudes toward raising the minimum age of sale for tobacco among U.S.adults.Am I Prey Med.2015. 9. Truth Tobacco Industry Documents.Results of MDM committee meeting-August 13,1985(850813).https://www.industrydocumentslibrary.ucsfedu/tobacco/ docs/#id=r1fw0082#id=r1fw00825d00/pdf. 4111 MINNESOTANS FOP A ., SMOKE-FREE GENERATION IMINNESOTANS FOP A * SMOKE - FREE AI GENERATION October 18, 2018 The Honorable Nancy Tyra-Lukens and Members of the Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and Council Members, Minnesotans for a Smoke-Free Generation is a coalition of more than 60 organizations working to reduce youth tobacco use. With that goal in mind, we urge you to raise the tobacco age to 21 in Eden Prairie,which will prevent youth tobacco use and save lives. Tobacco 21 is a growing local, state and national movement to counteract the tremendous pressure of the tobacco industry and prevent youth addiction. For decades,the tobacco industry has aggressively marketed to youth and young adults to recruit replacement smokers and guarantee profits. In Minnesota alone,tobacco companies spend more than $110 million a year marketing their deadly products. That figure does not even include prolific e-cigarette marketing. Nearly all—88 percent—of high-school and middle-school students surveyed in the 2017 Minnesota Youth Tobacco Survey reported they have seen advertisements promoting e-cigarettes. Unfortunately, this aggressive marketing seems to be working.That same survey found a dramatic increase in e- cigarette use, up nearly 50 percent since 2014.The increase in e-cigarette use has disrupted our efforts to reduce youth tobacco addiction. Skyrocketing youth e-cigarette use and nicotine addiction are gaining attention from state and federal health officials. FDA Director Dr. Scott Gottlieb recently called youth e-cigarette use an epidemic, and announced steps to crack down on retailers and manufacturers.The Minnesota Department of Health issued a new advisory naming youth e-cigarette use a major health concern, since nicotine can harm the adolescent brain. Raising the tobacco age to 21 helps counteract these trends by making it harder for teens to purchase tobacco products themselves or through classmates and peers.Tobacco 21 will reduce so-called "social sources" and prevent kids from using tobacco products in the first place. The National Academy of Medicine projects that if the tobacco age was raised to 21 nationally,there would be a 25 percent reduction in smoking initiation among 15-to-17-year-olds. Another goal of Tobacco 21 is to keep commercial tobacco products out of places youth frequent, including schools. Nearly 95 percent of addicted adult smokers start before age 21, so keeping tobacco products away from youth can prevent lifetime addiction. Our goal is to pass Tobacco 21 at the state level, and we are making progress toward that goal. However, we cannot wait for action in St. Paul when our youth are at risk. Eden Prairie can send a message and protect kids by joining the growing number of leading communities putting young people above tobacco industry profits. Together,we can build momentum for statewide action. On behalf of Minnesotans for a Smoke-Free Generation, thank you for your leadership and we hope we can count on your support. Sincerely, Molly Moilanen Janelle Waldock Co-Chair, Minnesotans for a Co-Chair, Minnesotans for a Smoke-Free Generation Smoke-Free Generation Director of Public Affairs, ClearWay Minnesotan" Vice President of Community Health and Health Equity, Blue Cross and Blue Shield of Minnesota About Minnesotans for a Smoke-Free Generation Minnesotans for a Smoke-Free Generation supports policies that reduce youth smoking and help end the death and disease associated with tobacco use, including raising the tobacco age to 21, limiting youth access to menthol-, candy-and fruit-flavored tobacco, keeping tobacco prices high and funding future tobacco prevention and cessation efforts. Partners include:A Healthier Southwest,African American Leadership Forum,Allina Health,American Cancer Society Cancer Action Network,American Heart Association,American Lung Association in Minnesota,Apple Tree Dental,Association for Nonsmokers—Minnesota,Aurora/St.Anthony Neighborhood Corporation, Becker County Energize, Blue Cross and Blue Shield of Minnesota, CentraCare Health, Children's Defense Fund- Minnesota, Children's Hospitals and Clinics of Minnesota, ClearWay Minnesotanm, Comunidades Latinas Unidas En Servicio—CLUES, Dodge County Public Health, Essentia Health, Gillette Children's Specialty Healthcare, HealthEast, HealthPartners, Hennepin County Medical Center, Hope Dental Clinic, Horizon Public Health, Indigenous Peoples Task Force, ISAIAH,JustUs Health, LAAMPP Alumni, Lake Region Healthcare, Lincoln Park Children and Families Collaborative, Local Public Health Association of Minnesota, March of Dimes, Mayo Clinic, Medico, Meeker McLeod Sibley Community Health Services, Minnesota Academy of Family Physicians, Minnesota Cancer Alliance, Minnesota Council of Health Plans, Minnesota Hospital Association, Minnesota Medical Association, Minnesota Nurses Association, Minnesota Oral Health Coalition, Minnesota Public Health Association, MN Association of Community Health Centers, MN Chapter of the American Academy of Pediatrics, Model Cities of St. Paul, Inc., NAMI Minnesota, North Memorial Health Care, NorthPoint Health and Wellness Center, Olmsted Medical Center, PartnerSHIP 4 Health, Perham Health, SEIU Healthcare Minnesota,St. Paul Area Chamber of Commerce,Steele County Public Health, Tobacco Free Alliance, Twin Cities Medical Society, UCare, Vision In Living Life "Change is Possible'; WellShare International and Zumbro Valley Medical Society. Find out more at:smokefreegenmn.org. l • IP TWIN CITIES 1300 Godward Street NE,Ste 2000,Minneapolis,MN 55413 •• • MEDICAL SOCIETY 612,623.2885 • www.metrodoctors.com October 16, 2018 City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and Members of the Eden Prairie City Council, I am writing on behalf of the Twin Cities Medical Society in support of raising the legal age for tobacco sales in Eden Prairie from 18 to 21.The Twin Cities Medical Society is an organization that represents approximately 4,500 physicians and medical students living and working in the seven-county Twin Cities metropolitan area. Our physician members share all too often that tobacco is still a problem for their patients. In fact, tobacco use remains the #1 cause of preventable disease and death in Minnesota. In 2017, Minnesota youth tobacco use rose for the first time in 17 years. Alarmingly, e-cigarette use among high schoolers nearly doubled between 2014 and 2017, and cigar use increased for the first time in decades.Adolescence is a critical time in brain development, and teenagers' brains are particularly vulnerable to nicotine addiction. While many teens seeing vaping as "no big deal," research shows that exposure to nicotine during this time can cause life-long problems in learning, memory and attention, and can make teens' brains more susceptible to other addictions. Both e-cigarettes and combustible tobacco products also contain dangerous and cancer-causing chemicals including volatile organic chemicals, formaldehyde, heavy metals like lead. Almost 95%of adult smokers pick up the habit before age 21, and increasing the gap between those who can legally purchase tobacco and high schoolers will limit youth access to these products. Tobacco 21 is a bold step toward protecting youth from a lifetime of tobacco addiction, and ultimately disease and premature death. We hope that you will join the growing group of Minnesota communities who have prioritized the health of our youth by passing Tobacco 21. We stand behind this effort, and you. Thank you for protecting the public health of Eden Prairie residents. Sincerely, Tom Kottke, MD President of the Twin Cities Medical Society American Academy of Pediatrics ':jz•,kot DED[cATED T[]THF. HEALTH OF ALL C'H[L1 FLEt:` November 1, 2018 i innegnta Chapter Minnesota Chapter of the American Academy of Dear Members of the Eden Prairie City Council: Pediatrics 1043 Grand Ave.#544 St.Paul,MN 55105 On behalf of more than 1,000pediatricians andpediatric providers in the state, the 651-402-2056 651-699-7798(fax) Minnesota Chapter of the American Academy of Pediatrics strongly encourages you www.mnaap.org cairns@mnaap.org to increase the minimum age for tobacco purchases to 21. AAP Headquarters 141 Northwest Point Blvd. Elk Grove Village,IL60007 As pediatricians, we've seen all too often our young patients addicted to nicotine PhoneFax: 847/4-80 000 and tobacco. Raisingthe age topurchase theseproducts is aproven wayto reduce Fax:846/434-8000 g www.aap.org teen access to these dangerous, addictive substances. Preventing youth smoking initiation is an important strategy to reducing tobacco- related diseases among youth and families. Cigarette smoking is responsible for more than 480,000 deaths per year in the United States, including nearly 42,000 deaths resulting from secondhand smoke exposure. This is about 1 in 5 deaths annually, or 1,300 deaths every day. The 2015 Institute of Medicine (IOM) report entitled "Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products" notes that raising the minimum legal age of purchase of tobacco products would reduce youth smoking initiation, particularly among children ages 15 to 17, leading to substantial reductions in tobacco use, improve the health of Americans across their lifespan, and save millions of lives. Thanks to increased awareness and education about the dangers of tobacco, smoking rates have been shrinking among adolescents for decades. But use of e- cigarettes, hookahs, and other nicotine delivery systems has been dramatically increasing. Raising the age at which young people can purchase these products to 21 will serve to preserve the gains we've made. A very small minority of smokers begin using after they turn 21. Reducing teen access to tobacco and nicotine products through a higher age to purchase will reduce the use of nicotine across an entire generation of young people. Minnesota's pediatrician community urges your support of this smart, effective policy to protect child and adolescent health. Thank you for your consideration. Sincerely, Lori DeFrance, MD, FAAP President, Minnesota Chapter of the American Academy of Pediatrics October 30th, 2018 Dear Council Members, I am excited to hear that Eden Prairie is considering passing a Tobacco 21 policy.As a physician, I have witnessed the damage tobacco inflicts on patients' health and lives. Our country and medical community has made great progress in reducing tobacco use over the years, but the recent increase in teen tobacco use threatens our progress.The tobacco industry continually works to draw the new generation toward tobacco use, and addiction,with e-cigarettes and other sweet or candy-flavored tobacco products. Our community needs to pass policies like Tobacco 21 in order to protect our youth from this unethical marketing of addictive and deadly products. Watching my patients struggle, I know that tobacco cessation is profoundly difficult.The best way to ensure that someone is tobacco free, is to prevent the initial addiction.Tobacco 21 would aid in this endeavor by placing an appropriate barrier for middle and high school students obtaining tobacco from their 18-year-old classmates. As a proud Eden Prairie resident, I am excited to see our city join the growing list of communities that prioritize youth health by passing Tobacco 21.Thank you for your leadership! 7-7A Peter Stiles, MD 10268 Meade Lane Eden Prairie, MN 55347 From: Eric Dick<EDick(a,mnmed.org> Sent: Tuesday,November 06, 2018 4:38 PM To: GRP-AllCouncil<GRP-AllCouncil(a,edenprairie.org>; Rick Getschow <rgetschow@a,edenprairie.org> Subject: MNAAP Letter re: Tobacco 21 Proposal Good afternoon, Members of the Eden Prairie City Council: On behalf of the Minnesota Chapter of the American Academy of Pediatrics (MNAAP),please find attached a letter of support for the proposal to increase the age at which tobacco and nicotine products may be purchased. Minnesota's pediatric community strongly supports this proposal and urges it's adoption. Thank you for your consideration. Should you have any questions,please don't hesitate to contact me. Sincerely, Eric Dick Eric Dick I Manager, State Legislative Affairs Minnesota Medical Association I mnmed.org "The voice of medicine in Minnesota since 1853. " 612-362-3732 1612-747-3683 cell I edick(a,mnmed.org Connect with the MMA From: Elizabeth Heimer<Elizabeth.Heimer@lung.org> Sent: Tuesday,November 06, 2018 2:01 PM Subject: Tobacco 21 Letter of Support Dear Eden Prairie City Council Members, The American Lung Association, the oldest voluntary health association in the country, supports your proposed policy of raising the sale age of tobacco to 21. Research shows that 95% of lifelong smokers start before the age of 21. This life-saving policy is estimated to reduce youth tobacco initiation rates by 25%. We respectfully urge you to support this policy to protect your community from tobacco's harm. I have attached a letter of support from the American Lung Association. Thank you, Elizabeth Heimer Elizabeth Heimer Specialist I Health Promotions American Lung Association PO Box 2252 I Mankato, MN 56072 C: 612.248.1560 Lung HelpLine: 1-800-LUNGUSA Lung.org I Liz.Heimer@Lung.org From: Song, Jenny<Jenny.Song@bluecrossmn.com> Sent: Friday, November 02, 2018 10:45 AM To: Nancy Tyra-Lukens <NTyra-Lukens@edenprairie.org>; GRP-AllCouncil <GRP- AllCouncil@edenprairie.org>; Rick Getschow<rgetschow@edenprairie.org> Cc: Waldock, Janelle<Janelle.Waldock@bluecrossmn.com> Subject: FROM BLUE CROSS: Letter of support for proposed Tobacco 21 ordinance Importance: High Dear Honorable Mayor Tyra-Lukens and Member of City Council: Please find attached a letter from Janelle Waldock, Vice President of Community Health and Health Equity at Blue Cross and Blue Shield of Minnesota, in support of the proposed ordinance to raise the sale age of tobacco products from 18 to 21. Do not hesitate to contact me if you have any questions or concerns. Sincerely, Jenny Song pronouns: she/her/hers Senior Communications and Advocacy Consultant Community Health and Health Equity Blue rocs BlueShield Minnesota Dui Lmaranr Dud iwre•arhw r.+afwsnuran�+rxsrl raa;rr.ra�� r* 1750 Yankee Doodle Road I Eagan, MN 55121 p: 651.662.1578 I c: 651.675.7525 jenny.song@bluecrossmn.com From: Ruth S Tripp<Ruth.Tripp@hennepin.us> Date: November 1, 2018 at 17:50:15 CDT To: "rgetschow(aedenprairie.org" <rgetschow(a�edenprairie.org>, "gweber(aedenprairie.org" <gweber@edenprairie.org> Subject: Tobacco prevention -Eden Prairie data Dear Mr. Getschow and Chief Weber, I hope this finds you both doing well. We met a few years ago when I visited Eden Prairie, sharing information on tobacco prevention policies to reduce youth access and exposure to tobacco products and marketing. I continue to work with cities in Hennepin County,providing local data, education on evidence-based prevention policies, and technical assistance as needed to city staff and councils. I recently learned that your city is considering increasing the minimum legal sales age to 21 and wanted to let you know we are here to provide assistance if needed. We have a few standard documents with local data that I will send next week, in the event they are helpful to your discussions. They are: 1. Demographics and chronic disease data for Eden Prairie 2. Eden Prairie Tobacco Environmental Scan 2018, including Eden Prairie youth tobacco use 3. Summary of tobacco retailer observation visits completed in Eden Prairie in August 2016 Below and attached is information you may already be familiar with—evidence regarding the impact of this policy and cities that have adopted it in Hennepin County. • 2015 Institute of Medicine Report: Estimates there will be a 25% reduction in smoking initiation among 15-to-17-year-olds if the sales age for tobacco were raised to 21. • 2017 MN Medicine Report: Following this model,T21 would prevent an estimated 30,000 MN youth from starting to smoke over a 15-year period. • Hennepin County map (attached) with cities that have adopted this policy. Please don't hesitate if there is other information, education or assistance our department can assist you with. Kind regards, Ruth Ruth Tripp, MPH, RN Principal Health Promotion Specialist Hennepin County Public HealthI525 Portland Ave., MC 963IMinneapolis, MN 55415 Phone: 612-348-5367E-Mail: Ruth.Tripp@hennepin.us From: Lance Klatt<lance@mnssa.com> Sent: Tuesday, October 30, 2018 11:12 AM To: GRP-AllCouncil<GRP-AllCouncil(aiedenprairie.org> Cc: Police E-Mail<Police@edenprairie.org> Subject: Issue of Raising the Legal Age to Purchase Tobacco Dear Mayor Tyra-Lukens and Eden Prairie Council Members, My name is Lance Klatt, Executive Director of the Minnesota Service Station & Convenience Store Association. I have attached a letter from my coalition I am very proud to be part of and a Eden Prairie Compliance Inspection report from January 11th, 2017 thru October 25th, 2018. My organization"The Minnesota Service Station& Convenience Store Association" represents many independent retailers in your great city. Many of these retailers are 2nd and 3rd generation family owners. I ask on behalf of my small corner stone retailers, for City Council to please do not raise the legal age to purchase tobacco products to 21. Passing this ordinance in Eden Prairie creates an island of regulation and is unnecessary, especially when legislation for raising the purchase age to 21 is currently pending at the state legislature. Finally, increasing the purchase age to 21 without also including a consumption and possession ban for individuals 18, 19, or 20 years of age achieves nothing, except to create a toothless ordinance that will harm lawful retail businesses while exacerbating the social sources problem. Eden Prairie Retailers Achieve a 97% compliance Rate. (See attached Eden Prairie Compliance Inspection Report) In addition, I personally fell there should be more of a concern with the use of illegal drugs such as Marijuana use in teens. You can regulate tobacco products but who is going to regulate marijuana use? Our retailers have done an excellent job not selling to underage/young adults! Eden Prairie retailers are not the problem, social sources and a lack of education is the problem. Please be one of the first in Minnesota and address the real problem of underage tobacco use rather than hurting the local businesses that are doing their jobs. We are small Minnesota gas branded sites and take pride in establishing our businesses within your community! Thanks for listening, and please take my letter and the attached information with as you have your discussions in the near future. Lance Lance L. Klatt Executive Director Minnesota Service Station& Convenience Store Association Minnesota Professional Towing Association Minnesota Independent Oil Co. (Minnoco) ph: (651) 487-1983 cell: (612-916-9917 e-mail : lance@mnssa.com **This is a transmission from Minnesota Service Station &Convenience Store Association and may contain information which is privileged, confidential, and protected by the work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify us immediately at our telephone number(651) 487-1983. The name and biographical data provided above are for informational purposes only and are not intended to be a signature or other indication of an intent by the sender to authenticate the contents of this electronic message.** From: Kerry Bement<kerrybement@aol.com> Sent:Tuesday, October 30, 2018 2:10 PM To: Police E-Mail <Police@edenprairie.org> Subject: Minimum age for tobacco Attn: Lt Matt Sackett I am opposed to the increase in the minimum age requirement to purchase tobacco. Obviously, this will affect my businesses here in Eden Prairie so on a financial level this does not benefit me. I am also opposed on a fundamental level. Yes, tobacco (nicotine) is addictive. So is refined sugar, gambling, carbohydrates and alcohol to name some of the obvious. Some of these have no age requirements even though some are causing deadly disease in higher numbers that tobacco. People may argue that the brain is not fully formed until the age of 25 so those below that age can not make sound informed decisions and we must do it for them. Well, if that's the case let's go for this argument all the way! No marriage until your 21 (or 25 if that's the supporting argument), no signing up for the military, no having children, no signing contracts to buy a home or a car or getting a credit card, get a drivers license, or be trusted with fire arms of any manner. This is jut a minute sampling of my argument. Having our government make more and more decisions for the populous is a very slippery, dangerous slope and I oppose it vigorously. I smoked for many years. I quit many years ago. I wish I had never smoked. I also wish I was 30 lbs lighter. I believe that when you take away liberties you chip away at what America is about. Vilify smoking on a social level - that seems far more effective!! Raising the age limit probably helps delay or prevent some from starting. But at what cost to our liberty? The position that this "will make us consistent with many of our neighboring communities" is weak. They are so we must too?? We should think for ourselves. As a community and as individuals. Thank you for your time!! Kerry Bement President - KO-B, Inc & KA-C, Inc Aztec BP / Hwy 5 BP / Valley View BP Castro! Premium Lube Express Cell (952) 200-5554 From: Stiles, Peter A(MD) <peter.stiles@tria.com> Sent: Tuesday, October 30, 2018 9:30 PM To: Rick Getschow<rgetschow(a�edenprairie.org>; GRP-AllCouncil<GRP- AllC ouncil@edenprairie.org> Subject: Message from an EP MD Dear Council Members, I am excited to hear that Eden Prairie is considering passing a Tobacco 21 policy. As a physician, I have witnessed the damage tobacco inflicts on patients' health and lives. Our country and medical community has made great progress in reducing tobacco use over the years, but the recent increase in teen tobacco use threatens our progress. The tobacco industry continually works to draw the new generation toward tobacco use, and addiction, with e- cigarettes and other sweet or candy-flavored tobacco products. Our community needs to pass policies like Tobacco 21 in order to protect our youth from this unethical marketing of addictive and deadly products. Watching my patients struggle, I know that tobacco cessation is profoundly difficult. The best way to ensure that someone is tobacco free, is to prevent the initial addiction. Tobacco 21 would aid in this endeavor by placing an appropriate barrier for middle and high school students obtaining tobacco from their 18-year-old classmates. As a proud Eden Prairie resident, I am excited to see our city join the growing list of communities that prioritize youth health by passing Tobacco 21. Thank you for your leadership! 2191&,"0 9 Peter Stiles, MD 10268 Meade Lane Eden Prairie, MN 55347 ' Peter A. Stiles, MD TRIA Pain Program I Medical Director http://tria.com/programs/pain-management/pain-program-videos/ TRIA TRIA Orthopaedic Center 18100 Northland Drive,Bloomington,MN 55431 oil la"1" Phone:(952)977-0477 I Fax:(952)831-1626 Tobacco Retail Sales Ordinance Restrictions Hennepin Hennepin County Public Health Hennepin County Tobacco 21 (T21) Flavored Tobacco Minimum Cigar Pricing & Packaging HANOVER ROGERS DAVTON CHAMPLIN HANOVER ROGERS CHAMPLIN idHANOVER ROGERS DAYTON CHAMPLIN city O GREENFIELD CORCORAN MAPLE GROVE' BROOKLYN PARK GREENFIELD CORCORAN MAPLE GROVE BROOKLYN PARK Eli° GREENFIELD CORCORAN MAPLE GROVE BROOKLYN PARK BROOKL ROCKFORD BROOKLYN . 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D. - N •OP IN 11/ -7 MINNETONKA Ill�� MINNETONKA PARR{ BAY MINNETONKA ST RONIFACIUS EXCELSIOR N ST.BONIFACIUS EXC ELSK)R EDINA RICHFIELD SP INTL .HOREWO... �.� EDINA RICHFIELD MSP N GREENWOOD CHANHASSEN GREENWOOD CHANHASSEN AIR-0,V' ST.BONIFACIUS EXCELSIOR AIRY• GREENWOOD CHANHASSEN EDINA RICHFIELD MOP IN AIR-O•'W EDEN PRAIRIE BLOOMINGTON FORT EDEN PRAIRIE BLOOMINGTON FORT j SNELLING SNELLING EDEN PRAIRIE BLOOMINGTON FORT TER. TER" SNELLING TER. Municipalities prohibiting the sale of all tobacco products, Municipalities prohibiting the sale of all flavored tobacco products, Municipalities prohibiting at minimum:the sale of cigar packages including electronic cigarettes,to persons under the age of 21. including electronic cigarettes. containing less than 5 cigars and/or sets a minimum cigar price of at least$2.10 per cigar in a package of 1-5 cigars with the Notes minimum price determined after any price promotion or discount. Minneapolis: Adult tobacco stores are allowed to sell all flavors;and liquor N stores are allowed to sell menthol,mint and wintergreen. ^n Robbinsdale: WE All flavors except menthol, mint and wintergreen restricted. SS 5 Adult tobacco stores are exempt. 0 • to I � I Hennepin County Miles Legend St.Louis Park: All flavors except menthol, mint and wintergreen restricted. Municipalities with the tobacco restriction Municipalities where the County is Slii n the Tobacco License Authority sppwidehealth Improvement partnership Supported by the Statewide Health Improvement Partnership,Minnesota Department of Health. ii Map Published:October,2018 Map Disclaimer:This map(i)is furnished"AS IS"with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind; and(iii)is not suitable for legal,engineering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this map. CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending XI.B. Police Department City Code Chapter 4, Section 4.07 relating to Amendment of Licensed Liquor Premises Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 4 by amending Section 4.07 relating to the amendment of a licensed liquor premises. Synopsis City Code Section 4.07 currently permits the holder of an on-sale intoxicating liquor license to sell liquor only on the compact and contiguous building or structure that is described in the license. From time to time, the City receives requests from licensees to have an on-site expansion of the licensed premises, such as in the parking lot, in connection with special events. The City Code does not currently permit such sale. The proposed ordinance would permit the holder of an on-sale intoxicating liquor license to apply for a temporary amendment of the"licensed premises"to provide for liquor service in a compact and contiguous area not included in the original license application. The licensee must meet a variety of criteria to be eligible for an amendment to the licensed premises. For example, the area must be immediately adjacent to the licensed premises and the special event may not be longer three days in duration. In addition, the use of the additional area may not unreasonably impede traffic or decrease available parking below that required by the zoning ordinance. In connection with the application, the City may require the licensee to provide a security plan and a parking, pedestrian circulation and traffic directional plan to be approved by the Police Department, and a fire safety plan approved by the Fire Marshal. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4, SECTIONS 4.07 RELATING TO AMENDMENT OF LICENSED LIQUOR PREMISES; 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. That Chapter 4, Section 4.07 of the City Code is hereby amended by deleting those words that are in stfilEet-lifettgli font contained in brackets [ ] and adding those words that are underlined, to read as follows: SECTION 4.07. GENERAL PROVISIONS REGARDING LICENSES. *** Subd. 10. Amendment of licensed liquor premises. A holder of an on-sale intoxicating liquor license shall make application to the office of the City Clerk for a temporary amendment of the licensed premises, at least 60 days in advance, of any event at which the licensee proposes to amend the liquor licensed premises to provide for liquor service in a compact and contiguous area not included in the original license application. Included in that application, the licensee must submit a site plan of the compact and contiguous area from which intoxicating liquor is to be dispensed and consumed, the maximum anticipated number of guests attending the event and the total occupancy load for the area covered by the temporarily amended licensed premises. The application must include evidence of insurance for the area covered by the temporarily amended licensed premises and payment of the temporary amendment processing fee set forth in the City Fee Resolution. A security plan and parking, pedestrian circulation and traffic directional plan approved by the City Police Department and a fire safety plan approved by the City Fire Marshal may also be required, as deemed necessary by the City. The City Council will consider all such amendments to the licensed premises using the following criteria: A. The area to be used must be immediately adjacent to the licensed premises; B. The area will be used in connection with a special event no longer than three days in duration; C. No more than three temporary amendments per year will be allowed for a licensee at one establishment and a special license issued to a non-profit, charitable, religious or political organization which contracts with the licensee for provision of service will be counted as part of this total; D. Adequate measures will be taken to control access to the additional area, to ensure that alcoholic beverages will not be furnished in violation of state law or this city code to persons under the age of 21 years, obviously intoxicated persons or carried outside of the licensed premises or the temporarily expanded area; E. Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance; F. The use of the additional area will not decrease available parking below that required by the zoning ordinance for the licensed premises; G. The use of the additional area will not unreasonably impede traffic circulation; H. The licensee has obtained adequate liability insurance for the additional area; and I. The issuance of the temporary amendment will not be adverse to the public health, safety and welfare. Section 2. City Code Chapter 1 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. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending XI.C. Police Department City Code Chapter 5, Section 5.71 Relating to Pawnbrokers and Precious Metal Dealers Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5, Section 5.71 relating to Pawnbrokers and Precious Metal Dealers Synopsis On June 12, 2018, the City Council adopted an interim ordinance prohibiting new pawnshops in the City and also authorized a study of pawnshops in order to determine what amendments to the City Code are necessary to protect the public health, safety, and welfare and provide for sound planning related to those uses. Section 5.71 of the City Code currently imposes a licensing scheme on pawnbrokers and precious metal dealers. Staff reviewed this section,as well as the licensing provisions imposed on pawnbrokers and precious metal dealers by other local communities, and is proposing amendments to modernize Section 5.71, bring it into compliance with state law, and aid in licensing and administration of the section. This ordinance is being proposed in conjunction with amendments to Chapter 11, Section 11.25, relating to where pawnshops may locate within the City. The proposed ordinance amends Section 5.71 by revising and re-organizing the subdivisions for procedural consistency with other licensing sections of Chapter 5, as well as making certain substantive updates to the section. The re-organization will aid staff in reviewing permit applications and administering the permits once they are issued. Substantive or material changes to Section 5.71 are as follows (subdivision references are to the proposed ordinance): Subdivision 2: The proposed ordinance deletes the definitions of "Parent" and "Person," as those definitions are included elsewhere in the Code. Subdivision 5: The proposed ordinance revises the list of persons ineligible for a license to include any person who is not a U.S. citizen or resident alien, or who is legally prohibited from working in the U.S., and any person who has a pending criminal charge for a violation that may adversely reflect on the business, including but not limited to theft,receiving stolen property, and fraudulent business practices. It also deletes the requirement that, to be eligible for a license, a person must be "of good moral character or repute." Courts have raised constitutional concerns about such subjective criteria in other licensing contexts. The proposed ordinance also deletes the prohibition on a pawnshop being located within 10 miles of a casino, as this prohibition was repealed in state law in 2011. Subdivision 6: Subdivision 6 revises and adds procedural requirements for license applications. The provisions of subdivision 6 are consistent with the procedures being proposed for other Chapter 5 licensing sections. Current Section 5.71 contains an extensive list of the information that must be supplied for a license application. The proposed ordinance deletes this list and instead directs that the application must be made on the form supplied by the City. In addition to simplifying the section, this will give staff flexibility in revising the application form as necessary. Subdivision 7: The proposed ordinance makes minor revisions to several of the conditions, restrictions, and requirements imposed on licensees. For the most part, these revisions are intended to update the ordinance to reflect current electronic recordkeeping and reporting practices. Subdivision 8: The proposed ordinance amends the suspension and revocation provisions of the current Section 5.71 to include additional, detailed grounds for suspension or revocation of a license. These grounds include a pending criminal charge or conviction or other adjudication for a crime related to the person's ability to conduct the licensed business, including but not limited to theft, receiving stolen property, and fraudulent business practices. The proposed ordinance also specifies the process by which a license may be suspended or revoked, including notice and hearing requirements, which are consistent with other Chapter 5 licensing sections. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.71 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.71, is hereby deleted in its entirety and replaced with the following: SECTION 5.71. PAWNBROKERS AND PRECIOUS METAL DEALERS Subd. 1. Purpose. The Council finds that pawnbrokers and precious metal dealers potentially provide an opportunity for the commission and concealment of crimes. Such businesses have the ability to receive and transfer stolen property easily and quickly. The Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers and precious metal dealers. The purpose of this section is to prevent pawnbroking and precious metal businesses from being used as facilities for commission of crimes and to ensure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the City. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "Goods"means goods as defined in Minnesota Statutes Section 336.9-102(a)(44). B. "Item containing precious metal" means an item made in whole or in part of metal and containing more than one percent by weight of silver, gold, or platinum. C. "Minor"means any natural person under the age of 18 years. D. "Oversized items"means large items such as cars,boats, and other motorized vehicles and motorized equipment. E. "Pawnbroker" 1. "Pawnbroker"means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. 2. The following are exempt from the definition of"pawnbroker": any bank regulated by the State of Minnesota,the comptroller of the currency of the United States,the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce of the State of Minnesota. F. "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business. G. "Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. H. "Pledged Goods"means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. I. "Precious metal dealer"means any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. J. "Precious metals"means silver, gold, or platinum. K. "Secondhand item"means tangible personal property,excluding motor vehicles,which has been previously used, rented, owned, or leased. Subd. 3. License Required. No person shall engage in the trade or business of pawnbroker or precious metal dealer within the City unless such person is licensed under this Section. Any pawn transaction made without benefit of a license is void. A separate license is required for each place of business. More than one license may be issued to a person upon compliance with this Section for each license. Subd. 4. Exceptions for Precious Metal Dealers. Precious metal dealers, that are not also pawnbrokers, conducting the following transactions are not required to obtain a license under this Section. A. Transactions at occasional "garage" or "yard" sales, or estate sales or farm auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minnesota Statutes Sections 325F.734 to 325F.742 for these transactions. B. Transactions regulated by Minnesota Statutes Chapter 80A. C. Transactions regulated by the Federal Commodity Futures Commission Act. D. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof. E. Transactions involving the purchase of photographic film, such a lithographic and x-ray film or silver residue or flake recovered in lithographic and x-ray film processing. F. Transactions involving coins, bullion, or ingots. G. Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction which is not exempted by this Section must comply with the requirements of Minnesota Statutes Sections 325F.734 to 325F.742. H. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes Section 325F.733, or if the seller's business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes Section 325F.733. I. Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition, except for repair, and the items are resold at retail, and the buyer paid less than $2,500 for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months. Subd. 5. Ineligibility. A. Persons Ineligible. No license may be issued to or held by any person who: 1. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 2. Is a under the age of eighteen(18) at the time the application is filed. 3. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to, theft, receiving stolen property, and fraudulent business practices. 4. Has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of pawnbroker or precious metal dealer as prescribed by Minnesota Statutes Section 364.03, Subdivision 3. 5. Holds a liquor license issued under City Code or State law. 6. Is not the real party in interest or beneficial owner of the business operated under the license, or 7. Has had a pawnbroker or precious metal dealer's license revoked in any jurisdiction within five (5) years of the license application, or 8. Is a corporation, partnership or other organization which has a parent who is or meets a condition set forth in subparagraphs 1 through 6 of this Subdivision S.A. B. Places Ineligible. No license may be issued for: 1. Any place or any business ineligible for a license under City or County ordinance or State law. 2. Operation in any location not permitted by City Code Chapter 11. 3. A place or business which holds a liquor license issued under City Code or State law. 4. Operation on any premises on which taxes, assessments or other financial claims of the City or other government agency are delinquent and unpaid, except if an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however,for taxes,or any portion thereof,which remain unpaid for a period exceeding one (1) year after becoming due unless such one (1) year period is extended through no fault of the licensee. 5. Any business if the property on which the business is or is to be conducted is owned by, operated by, controlled by, or leased to a person who is ineligible for a license, except that a property owner who is a minor shall not make the premises ineligible under this subparagraph. Subd. 6. License Applications. A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. Insurance. 1. Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the licensed business. The policy of insurance shall be in limits of not less than $1,000,000.00. 2. Failure to keep in full force and effect the insurance required by this Section is grounds for revocation of the license. C. Property Ownership and Leases. Each applicant for a license shall provide,for the property on which the licensed business will operate, (1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. D. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood,be grounds for denial or, if already issued, for suspension or revocation of the license. E. License, Application, and Investigation Fees. Upon submission of the application, applicants for a pawnshop or precious metal dealer license shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof.Upon approval of an application,whether initial or renewal,the license will not be effective until the license fee is paid. All license, application, and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. F. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application shall include the name of the person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his or her written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes would meet the standards established in Subdivision 5.A of this Section. A licensee shall notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. G. Bond.At the time of filing an application for a license,the applicant shall file a bond in the amount of$5,000 with the City Clerk. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the City attorney. The bond must be conditioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker and precious metal dealer, and that the licensee will account for and deliver to any person legally entitled thereto any property which may have come into the possession of the licensee as pawnbroker or precious metal dealer or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. H. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection H above,an initial application for a license under this Section shall be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial.The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. J. Term of License. Licenses issued under this Section will expire on December 31 of each year. K. Renewal of License.Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection H above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant's payment of the renewal fee,the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City's notice of non- renewal. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. L. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. M. Transfer of License. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the City in the same manner as an application for a new license. The transfer of 25% or more of the ownership interests, or a controlling interest, whichever is less, of a licensee or a parent shall be deemed a transfer of the license. Transfer of a license without prior City approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining City approval is be a separate violation of this ordinance. N. Death of Licensee. In the case of the death of a licensee who is a natural person, the personal representative of the licensee may continue operation of the business for not more than ninety(90) days after the licensee's death. Subd. 7. Conditions, Restrictions, and Regulations. A. Generally. Every license is subject to the conditions, restrictions, and regulations in the following paragraphs, all other provisions of this Section, and of any other applicable provisions of the City Code or State law. B. Maintenance of Peace. Every licensee is responsible for the conduct of its place of business and the conditions of order in it. The act of any employee of the licensee shall be deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. C. Display of License. Every license must be posted in a conspicuous place in the premises for which it is used. D. Record Keeping. 1. Electronic Recording. At the time of a receipt of property, a licensee shall immediately record, in an electronic format approved by the Police Department, the following information: a. An accurate description of the property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark. b. A photograph that clearly depicts the property received. c. The date and time the item of property was received by the licensee. d. The name, address, residence telephone number, date of birth, and reasonably accurate physical description, including height, sex and race, of the person from whom the property was received. e. A photograph that clearly depicts the person from whom the property was received. f. The amount of money loaned upon or paid for the property. g. The identification number from one of the following forms of identification of the person from whom the property was received: 1. a valid Minnesota photo driver's license; 2. a valid Minnesota photo Identification Card; 3. if the person is not a Minnesota resident, a valid photo identification card issued by the state (or province of Canada) of residency of the person from whom the property was received, and one other valid form of identification. h. The amount paid or advanced. i. The maturity date of a pawn transaction and the amount due. j. The monthly and annual interest rates, including all pawn fees and charges. The licensee shall make this information available at all reasonable times for inspection by the Police Department. This information shall be retained by the pawnbroker or precious metal dealer for at least three (3) years. 2. Daily Reports. For the types of items listed below,the licensee must submit to the Police Department on a daily basis a list of the following specific items purchased or received that day. The list must be in the format approved by the Police Department and must contain all of the information described above in subsection D.1. a. Any item with a serial number, identification number, or "Operation Identification"number; b. Cameras; c. Electronic, audio, video or radar detection equipment; d. Precious jewelry, gems and metals; e. Artist-signed or artist-attributed works of art; f. Firearms, for which a dealer's license to deal in, is required by the laws of the State of Minnesota or the United States of America. g. Any item not included in a— f above which the pawnbroker or precious metal dealer intends to sell for more than $200, except for furniture and kitchen or laundry appliances. 3. Holding Period. Any item received by the pawnbroker or precious metal dealer for which a report to the Police Department is required shall not be sold or otherwise transferred,or in the case of precious metal,melted down or dismantled, for thirty (30) days after the date of such report to the police. However, a person may redeem a pawned item seventy-two(72)hours after the item was received by the pawnbroker or precious metal dealer, excluding Sundays and legal holidays. E. Video or Photographic Record. A pawnbroker or precious metal dealer must install and maintain on the licensed premises video surveillance cameras, still digital cameras, or similar devices positioned to record or photograph a frontal view showing a readily identifiable image of the face of each person selling or pawning any property. The video camera or still digital camera must be kept in operating condition and must be shown upon request to a properly identified law enforcement officer for inspection. The camera must record and display the accurate date and time. The video camera or still digital camera must be turned on at all times when the licensed premises is open for business. Recordings and images required by this paragraph must be retained by the pawnbroker or precious metal dealer for thirty(30) days and shall at all reasonable times be open to the inspection of any properly identified law enforcement officer. F. Receipts. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall be numbered to correspond to the entry in the licensee's records and shall include: 1. The name, address, and phone number of the licensee. 2. The date on which the item was received by the licensee. 3. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold, and whether it was pawned or sold. 4. The signature of the licensee or agent. 5. If the property can be redeemed, a. The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the property on that date. b. The annual rate of interest charged on pawned items received. 6. The name and address of the seller or pledgor. G. Stolen or Lost Property. A pawnbroker or precious metal dealer must report to the Police Department any item pledged or received, or sought to be pledged or received, if the pawnbroker or precious metal dealer has reason to believe that the article was stolen or lost. H. Police Restrictions on Sale or Redemption. Whenever the Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the Police Department. I. Inspection of Items. 1. Inspection by City. The pawnbroker or precious metal dealer shall, at all times during the term of the license, allow the Police Department to enter the premises where the pawnbroker or precious metals dealer business is located and any other premises where items purchased or received as part of the business are stored, for the purpose of inspecting such premises and the property therein to locate items suspected or alleged to have been stolen or otherwise improperly disposed of. 2. Inspection by Claimants.Additionally,all the items coming into possession of the licensee shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have any interest therein, when such person is accompanied by a properly identified law enforcement officer. J. Payment by Check. Payment by the licensee for any articles deposited, left, purchased, pledged or pawned, shall be made only by check, draft, or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. K. Gambling. No licensee may keep,possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens or any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes Chapter 349 may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes Chapter 349A. L. Oversized Items. All items must be stored within the licensed premises building, except the City may permit the licensee to designate one (1) locked and secured warehouse building within the City within which the licensee may store oversized items.No item may be stored in the designated warehouse building that is not reported in the record pursuant to subparagraph D above. The licensee shall permit immediate inspection of the warehouse at any time during business hours by the Police Department. Oversized items may not be stored in parking lots or other outside areas.All provisions in this subparagraph regarding recordkeeping and reporting shall apply to oversized items. M. Off-Site Sales/Storage. All items accepted by a licensee at a licensed location in the City shall be for pledge or sale through a licensed location in the City. No licensee under this Section shall sell any items which are transferred from a non-licensed facility or a licensed facility outside the City. N. Restrictions on Weapons. 1. A pawnbroker or precious metal dealer may not receive as a pledge, accept for consignment or sale, or otherwise deal in any firearm for which a dealer's license to deal in, is required by the laws of the State of Minnesota or the United States of America unless the pawnbroker or precious metal dealer holds such a firearms dealer's license. 2. A pawnbroker or precious metal dealer may not receive as a pledge or otherwise, or accept for consignment or sale, a firearm which a person is prohibited from possessing or transferring pursuant to the laws of the State of Minnesota or the United States of America. O. Printed Pawn Tickets. The pledgor or seller in a pawn transaction shall sign a pawn ticket and receive an exact copy of the pawn ticket. The following shall be printed on all pawn tickets: 1. "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than sixty (60) days past the date of the pawn transaction, renewal, or extension;no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods, 2. The pledgor of this item attests that it is not stolen,it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item, 3. This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record," and 4. A blank line for the pledgor's signature. P. Effect of Nonredemption. 1. A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within at least sixty(60)days of the date of the pawn transaction shall automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker. 2. The pawnbroker's right, title, and interest in the pledged goods under paragraph 1. is qualified only by the pledgor's right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption. 3. A pawn transaction that involves holding only the title to the property is subject to Minnesota Statutes Chapters 168A or 336. Q. Permitted Charges. 1. Notwithstanding any other statute, ordinance, rule, or regulation, a pawnbroker may contract for and receive a pawnshop charge not to exceed three percent per month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20 if the property is not in the possession of the pawnbroker. 2. The pawnshop charge allowed under Subdivision 7.Q.1. shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. However,if full payment is made more than two weeks before the next succeeding date the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor. 3. Interest shall not be deducted in advance,nor shall any loan be divided or split so as to yield greater interest or fees than would be permitted upon a single, consolidated loan or for otherwise evading any provisions of this section. 4. Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under this Subdivision 7.Q., shall be uncollectible and the pawn transaction shall be void. 5. A schedule of charges permitted by this paragraph shall be posted on the pawnshop premises in a place clearly visible to the general public. R. Records; Prohibitions. A pawnbroker and any clerk, agent, or employee of a pawnbroker may not: 1. Make any false entry in the records of pawn transactions. 2. Falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's pawn transactions. 3. Refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods in the person's possession during the ordinary hours of business or other times acceptable to both parties. 4. Fail to maintain a record of each pawn transaction for three (3) years. 5. Accept a pledge or purchase property from a person under the age of eighteen(18) years. 6. Make any agreement requiring the personal liability of a pledgor or seller, or waiving any provision of this Section, or providing for a maturity date less than one month after the date of the pawn transaction. 7. Fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in Minnesota Statutes Section 325J.09 upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods pursuant to Minnesota Statutes Section 325J.06, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency. 8. Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or seller in the same, or a related, transaction. 9. Sell or otherwise charge for insurance in connection with a pawn transaction. 10. Remove pledged goods from the pawnshop premises or other storage place approved by the City at any time before the expiration of the redemption period pursuant to Subdivision 7.S. of this Section. However, (i) a pawnbroker is permitted to return pledged goods to the borrower at any time during the redemption period, (ii) a pawnbroker is permitted to sell the pledged goods or remove the pledged goods from the pawnshop premises or other storage at any time after the expiration of the redemption period set forth in Subdivision 7.S., and (iii) a pawnbroker who purchases goods not involving a pawn transaction is permitted to sell or remove the purchased goods from the pawnshop premises or other storage 31 days or later from the purchase transaction date. S. Redemption; Risk of Loss. Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker,the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods.Proof of compensation shall be a defense to any prosecution or civil action. T. Motor Vehicle Title Pawn Transactions; Special Provisions. 1. In addition to the other requirements of this Section, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: a. Be licensed as a used motor vehicle dealer under Minnesota Statutes Section 168.27, and post such license on the pawnshop premises; b. Verify that there are no liens or encumbrances against the motor vehicle with the Minnesota Department of Public Safety; and c. Verify that the pledgor has automobile insurance on the motor vehicle as required by law. 2. A pawnbroker may not sell a motor vehicle covered by a pawn transaction until ninety(90) days after recovery of the motor vehicle. Subd. 8. Suspension or Revocation A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed business; 3. Failure to comply with City ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the business of a violation of any ordinance or state or federal statute, arising on the licensed premises; 5. A pending criminal charge, citation, or complaint, or a conviction or other adjudication of guilt, of the owner, manager, or an employee of the licensed business of a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner,which violations shall include,but are not limited to,theft,receiving stolen property, and fraudulent business practices.; 6. Conducting the licensed business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 7. The existence of any grounds for denial of a license identified in Subdivision 5 of this Section, which existed at the time the license was issued or arose subsequent to the issuance of the license. B. Procedure. 1. Notice.Except as provided in subsection D below, a suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the licensee and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within ten(10)days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten(10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived.No suspension or revocation of a license under this Section shall take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of a renewal application, suspension or revocation,he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be denied renewal, suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten(10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. C. Preexisting Contracts. No expiration, revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any pledgor. D. Immediate Temporary Suspension. Any conviction of the licensee or an employee of the licensee for theft, burglary, robbery, receiving stolen property, or any other crime or violation involving stolen property shall result in the immediate suspension of the license until a hearing can be held on in accordance with subsection B of this subdivision. The hearing on the suspension shall be held within five (5) business days of the date of the temporary suspension. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section,whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending XI.D. Police Department City Code Chapter 5, Section 5.37 Relating to Peddlers Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5, Section 5.37 relating to peddlers Synopsis Section 5.37 of the City Code imposes a permitting scheme on peddlers, solicitors, and transient merchants, and also contains requirements for non-commercial door-to-door advocates. The proposed ordinance amends Section 5.37 by revising and re-organizing the section for procedural consistency with other licensing sections of Chapter 5, as well as adding one new substantive provision relating to the grounds on which a permit may be suspended or revoked. The re-organization will aid staff in reviewing permit applications and administering the permits once they are issued. Substantive or material changes to the current Section 5.37 are as follows (subdivision references are to the proposed ordinance): Subdivision 2: The proposed ordinance deletes the definitions of"Chief of Police," "City Clerk," "City Manager," and "Person," as those definitions are included elsewhere in the Code. Subdivision 6: Subdivision 6 revises and adds procedural requirements and process for permit applications. The provisions of subdivision 6 are consistent with the procedures being proposed for other Chapter 5 licensing sections. Subdivision 8: The proposed ordinance amends the suspension and revocation provisions of the current Section 5.37 to include additional detail on the grounds for suspension or revocation and the process by which a permit will be suspended or revoked. Substantively,the new Subdivision 8.A.4 adds as a grounds for suspension or revocation a pending criminal charge, or a conviction or other adjudication of guilt, against the permit holder for a violation which adversely reflects on the person's ability to conduct the permitted business. Such violations would include, but not be limited to, burglary, theft, larceny, swindling, fraud,unlawful business practices, and any form of actual or threatened physical harm against another person. The current Section 5.37 already includes such a charge or conviction as a grounds to deny an initial permit application. The proposed ordinance also adds detail on the notice and hearing requirements that apply before a permit may be suspended or revoked. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.37 RELATING TO PEDDLERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.37, is hereby deleted in its entirety and replaced with the following: SECTION 5.37. PEDDLERS. Subd. 1. Purpose. This Section is not intended to interfere with the legitimate business activities of peddlers, solicitors, and transient merchants as the same are defined herein, whether same be local or interstate. These provisions are intended only to, as nearly as possible, ferret out all illegitimate or confidence operators and to regulate and control all those who, in person, would use their unique presence on property within the City of Eden Prairie, or their unique proximity to its residents, for purposes of harassment, nuisance, theft, or other unlawful activities. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "Non-Commercial Door-to-Door Advocate"means any person who goes door-to-door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purposes of this Section,the term non-commercial door-to-door advocate shall include door-to-door canvassing, pamphleteering intended for non-commercial purposes, and seeking donations for which no product or service is given in return. B. "Peddler" means any person, whether a resident of the City of Eden Prairie or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales where payment is received immediately for future delivery to purchasers. C. "Permit Activities"means all activities requiring a permit pursuant to this Section. D. "Solicitor" means any person, whether a resident of the City of Eden Prairie or not, who goes from house to house, from place to place, or from street to street with the intention of taking orders or scheduling future visits for taking orders for services or goods for future delivery and payment. E. "Transient merchant" includes any person, firm or corporation, whether as owner, agent, consignee, or employee,whether a resident of the City of Eden Prairie or not,who engages in a temporary business of selling and delivering goods,wares and merchandise within the City, and who, in furtherance of such purpose,hires, leases,uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided however that such definition does not include any person, firm or corporation who sells such goods, wares, or merchandise from within the confines of a lawfully established and operating permanent retail sales operation. Subd. 3. Permit Required. It is unlawful for any peddler, solicitor, or transient merchant to engage in permit activities within the City of Eden Prairie without first obtaining a permit therefor in compliance with the provisions of this Section. Each peddler, solicitor, or transient merchant engaged in permit activities, whether independently or on behalf of another, must have a separate permit. Subd. 4. Exceptions. A. The permit requirement in Subdivision 3 and the conditions, restrictions, and regulations in Subdivision 7.A of this Section do not apply to the following: (i) the acts of persons selling personal property at wholesale to dealers in such articles, nor the delivery of newspapers, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor to the sale of farm or garden products by the person producing the same at the location where such products are produced, which production shall be proven by the vendor, nor; (ii) persons employed at a bakery, dairy or grocery making an uninvited initiatory visit in an effort to establish regular route service for future delivery of perishables. B. The permit requirement in Subdivision 3 and the conditions, restrictions, and regulations in Subdivision 7.A of this Section do not apply to non-commercial door-to-door advocates. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity. C. The permit requirement in Subdivision 3 and the conditions, restrictions, and regulations in Subdivision 7.A of this Section do not apply to peddlers or solicitors who are 17 years of age or younger, who are engaged in permit activities on behalf of a public school or private school, philanthropic organization, or community organization, which private school,philanthropic organization or community organization or its parent organization is on file with the Minnesota Secretary of State as a Minnesota domestic or a foreign business organization or has filed an assumed name, where the proceeds of the sales are mainly devoted to the benefit of the children engaged in the permit activities. D. Nothing contained in this Section prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law. Subd. 5. Ineligibility. No permit may be issued to a person who: A. Has (i) a criminal charge, citation, or complaint that is pending or (ii) a conviction or adjudication of guilt within five years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the permit is being sought in a legal manner. Such violations shall include,but are not limited to, burglary, theft, larceny, swindling,fraud,unlawful business practices,and any form of actual or threatened physical harm against another person. B. Has had revoked, within the past five (5) years, any license or permit issued to the person for the purpose of conducting business as a peddler, solicitor, or transient merchant. C. Has been denied, within the past year, any license or permit application for the purpose of conducting business as a peddler, solicitor, or transient merchant. D. Has a bad business reputation, evidence of which shall include the existence of an enforcement action against the person by the Office of the Minnesota Attorney General or another state's regulatory office or department (such as another state's attorney general's office), or other business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the city or another city, town, or other political subdivision against the person that resulted in a written reprimand or warning to the person within the preceding five (5) years. E. Has failed to follow all federal, state, and local regulations, including failure to be registered, licensed, or permitted if such registration, license, or permit is required by any federal, state, or local regulation. Subd. 6. Permit Applications A. Application. All applications for permits issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood,be grounds for denial or, if already issued, for revocation of the permit. C. Permit, Application, and Investigation Fees. Upon submission of the application, applicants for a permit under this Section shall pay a fee to the City which shall be considered an application, investigation, and permit fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. All permit application and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees,may, from time to time,be amended by the Council. D. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33. E. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection D above, an initial application for a permit under this Section shall be endorsed by the Chief of Police for issuance or denial within ten(10) business days after the application is deemed to be complete. 1. Issuance. Upon the Chief of Police's endorsement of his/her approval of an application, the licensing clerk shall issue and mail a permit to the applicant at the address noted in the application. 2. Denial. The Chief of Police may deny a permit on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing. The notice of denial shall be mailed by regular mail to the applicant at address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Chief of Police within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Chief of Police within ten (10) days of the date contained in the notice, the applicant's right to a hearing shall be deemed waived. If timely requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. F. Term of Permit.Permits issued under this Section will expire on December 31 of each year. A permit holder wishing to obtain a new permit following expiration of a permit must make a new application to the City in accordance with the requirements of this Subdivision 6. G. Change of Information. A permit holder must promptly notify the City of a change in the information or facts required to be furnished on the application for a permit, even after the permit has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations. A. General Permit Provisions. 1. Each person engaged in permit activities must be permitted as provided herein and may not be accompanied by a person who is not permitted while engaging in such activities. No permit may be transferred between persons or businesses. 2. Each person engaged in permit activities must carry the City issued permit on his or her person and must display the permit between the waist and the neck on the front of his or her outer garment while engaged in permit activities. 3. The permit issued by the City is the property of the City and must be returned to the City within seven(7) days of its expiration. 4. Each person engaged in permit activities must provide a sales slip,receipt, or other documentation to any person to whom they make a sale, or from whom they take an order or receive funds. The sales slip, receipt, or documentation must include the name of the person engaged in permit activities, his or her affiliated organization,the organization's address and phone number,and a description of the transaction. 5. No person engaged in permit activities shall state or imply that the City,by issuance of a permit, has endorsed his/her activities or products. 6. No person shall conduct permit activities in any city park without prior written authorization from the City Manager or his/her designee. B. Restrictions. Whether or not a permit is required under this Section, no peddler, solicitor, transient merchant,non-commercial door-to-door advocate, any person acting on his or her behalf, or other person engaged in similar activities shall, while engaged in such activities: 1. Shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the City or upon private property where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places. 2. Enter in or upon the property of another or attempt to enter in or upon the property of another if a placard or sign has been posted excluding peddlers and solicitors. The printed placard or sign must bear the notice: "Peddlers and Solicitors Prohibited". Such placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon shall not be smaller than 48-point type. No person other than the person occupying such property shall remove,injure or deface such placard or sign. 3. Enter in or upon the property of another or attempt to enter in or upon the property of another before 9:00 a.m. or after 9:00 p.m. local time year-round 4. Obstruct the free flow of traffic, either vehicular or pedestrian in any public right of way. 5. Make false or misleading statements about the activities or the products or services being sold. 6. State or imply that the City has endorsed his/her activities or products. 7. Operate in a manner a reasonable person would find harassing, intimidating, abusive or threatening. 8. Operate in a manner a reasonable person would find offensive,obscene, or abusive, push open a door not opened by an occupant,place any portion of the person's body through an opened doorway without the invitation of an occupant, or physically attempt to stop an occupant from closing a door. 9. Enter onto the property of another through any side or rear yard or attempt to make contact with a person at any point other than the main point of entrance of the building or property being approached. 10. Remain on the property of another after instructed to leave. 11. Act in a manner that threatens the health, safety, or welfare of any person or the general public. Subd. 8. Suspension or Revocation A. Grounds for Suspension or Revocation. The City may suspend or revoke a permit issued under this Section. The following are grounds for suspension or revocation of a permit: 1. Fraud, misrepresentation, or false statement contained in a permit application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on permit activities; 3. Failure to comply with City ordinances or state law; 4. A pending criminal charge, citation, or complaint, or a conviction or other adjudication of guilt, for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the permit is being sought in a legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. 5. The existence of any grounds for denial of a permit identified in Subdivision 5 of this Section,which existed at the time the permit was issued or arose subsequent to the issuance of the permit. B. Procedure. 1. Notice. A suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the permit holder and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the permit holder of his or her right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the permit holder at the most recent address listed on the permit application.If a hearing request is not received by the City within ten(10) days of the date contained in the notice, the permit holder's right to a hearing shall be deemed waived. No suspension or revocation of a permit under this Section shall take effect until (a) the permit holder's time to request a hearing expires; or(b)if a hearing is requested, after the permit holder is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the permit holder of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial, suspension or revocation, he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the permit will be denied, suspended or revoked. The City Manager shall inform the permit holder in writing of the decision, including findings and conclusions supporting the decision, within ten(10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. C. Emergency. If, in the discretion of the City Manager, imminent harm to the health or safety of the public may occur because of the actions of any person permitted under this Section, the City Manager may immediately suspend the person's permit and in such event shall provide notice to the person of the right to a post-suspension hearing pursuant to the procedures in subsection B of this Subdivision 8. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section,whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending XI.E. Police Department City Code Chapter 5 by Inserting a New Section 5.77 Relating to Sexually Oriented Businesses and Amending City Code Sections 5.01 and 1.02 Relating to Definitions Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5 by Inserting a New Section 5.77 Relating to Sexually Oriented Businesses and Amending City Code Sections 5.01 and 1.02 Relating to Definitions. Synopsis On June 12,2018,the City Council adopted an interim ordinance prohibiting new adult use establishments in the City and also authorized a study of adult uses in order to determine what amendments to the City Code are necessary to protect the public health, safety, and welfare and provide for sound planning related to those uses. Staff has studied the practices of several surrounding local communities and found that most of the communities surveyed (including Chanhassen, Edina, Bloomington, Maple Grove, Minnetonka, Plymouth, and Savage) require adult use establishments—also referred to as sexually oriented businesses—to be licensed by the city. The proposed ordinance imposes a licensing scheme on new sexually oriented businesses wishing to locate in the City. The ordinance incorporates elements from the licensing provisions of surrounding communities, and also includes provisions and procedures recommended by staff for effective and efficient administration. This ordinance is being proposed in conjunction with amendments to Chapter 11, Section 11.30, relating to where sexually oriented businesses may locate within the City. Subdivision 1 of the proposed ordinance includes statements of purpose and findings about the effect that unregulated sexually oriented businesses may have on the City. Subdivision 2 defines "sexually oriented business" and several other terms, including a list of the types of businesses included in the definition of "sexually oriented use."Subdivision 3 prohibits the ownership or operation of a sexually oriented business without a license from the City. Subdivision 4 provides several exceptions to the license requirement, including exceptions grounded on constitutional concerns and issues addressed by state law. Subdivision 5 specifies those persons and places that are ineligible for a sexually oriented business license. Subdivision 6 includes procedural requirements and processes for license applications. The provisions of subdivision 6 are consistent with the procedures being proposed for other Chapter 5 licensing sections, including those addressing massage therapists and businesses, peddlers, pawnbrokers, and tobacco retailers. Subdivision 7 contains several conditions, restrictions, and regulations on a licensee relating to the conduct of the sexually oriented business. Subdivision 8 specifies the grounds on which a license may be suspended or revoked, as well as notice and hearing requirements for suspension or revocation. Subdivision 9 provides that any violation of the section is a misdemeanor. The proposed ordinance also amends the definition of "person" in City Code Section 1.02 and adds definitions for"operate" and "parent" in Section 5.01. These definitions are amended or added to ensure that all terms in the proposed new Section 5.77, and in the other Chapter 5 amendments being proposed, are comprehensive and consistent. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.77 RELATING TO SEXUALLY ORIENTED BUSINESSES AND AMENDING SECTION 5.01 AND CITY CODE CHAPTER 1, SECTION 1.02 RELATING TO DEFINITIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by inserting a new Section 5.77 which reads as follows: SECTION 5.77. SEXUALLY ORIENTED BUSINESSES Subd. 1. Purpose and Findings. A. Purpose. The purpose of this section is to prescribe licensing requirements for sexually oriented businesses to protect the public health, safety, and welfare and to prevent criminal activity and the spread of sexually transmitted diseases. B. Findings. The Eden Prairie City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods. These findings are based on the experiences of other cities where the businesses are located, as studied by staff. 1. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, increasing the demands on City crime-prevention programs and law enforcement services. 2. Sexually oriented businesses can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that proper management and operation of such businesses can minimize this risk. 3. Sexually oriented businesses can increase the risk of exposure to communicable diseases including acquired immune deficiency syndrome (AIDS), for which there is currently no cure. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, endangering not only the patrons of such establishments but also the general public. 4. Sexually oriented businesses can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food or drink or both on the same premises. 5. A licensing and regulatory scheme as prescribed in this Section can minimize the risk of criminal activity and public health problems and can aid in monitoring sexually oriented businesses for other adverse secondary effects on the community. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "Sexually oriented business"means: 1. a business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis: a. has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in sexually oriented materials; b. devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public)to sexually oriented materials; or c. derives more than 25% of its gross revenues from sexually oriented materials; or 2. a business that engages for any length of time in a sexually oriented use as defined in subsection C below or any other use that has an emphasis on specified sexual activities or specified anatomical areas. B. "Sexually oriented materials" means visual, printed, or audio materials, and other objects or devices, that: 1. contain, depict, simulate or describe specified sexual activities or specified anatomical areas; or 2. are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or 3. are designed for sexual stimulation. C. "Sexually oriented use" means any of the following activities and businesses, even if the activity exists for only a short time: 1. "Adult body painting studio"means an establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non- transparent, to the body of a patron when the person is nude. 2. "Adult bookstore" means an establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio, video, or other digital media, movies, or motion picture film if it meets the criteria established in subsection A above. 3. "Adult cabaret" means a business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on: (1) the depiction of nudity, specified sexual activities, or specified anatomical areas; or(2) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire. 4. "Adult companionship establishment" means a business or establishment that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 5. "Adult conversation/rap parlor" means a business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 6. "Adult health/sport club" means a health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 7. "Adult hotel or motel" means a hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 8. "Adult massage parlor/health club" means a massage parlor or health club that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 9. "Adult mini-motion picture theater" means a business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies,motion pictures,or other material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 10. "Adult modeling studio" means a business or establishment that provides live models who,with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed,painted,painted upon, sketched, drawn, sculptured,photographed, or otherwise depicted. 11. "Adult motion picture arcade"means any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image- producing devices are used to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 12. "Adult motion picture theater" means a motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons. 13. "Adult novelty business" means an establishment or business that has a variety of items for sale if it meets the criteria established in subsection A.l.a above. 14. "Adult sauna" means a sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 15. "Adult steam room/bathhouse facility" means a building or portion of a building used for providing a steam bath or heated bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. D. "Specified anatomical areas"means: 1. less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and 2. human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. E. "Specified sexual activities"means: 1. Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation;bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism; or zooerastia; 2. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 4. Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts, except touching the buttocks of a person receiving a massage if done upon the person's request and only for medical purposes such as relieving pain or muscle soreness; 5. Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering,binding, or other physical restraint of any person; 6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or F. Human excretion, urination, menstruation, or vaginal or anal irrigation. Subd. 3. License Required. It is unlawful for any person to own or operate a sexually oriented business within the City of Eden Prairie without first obtaining a license in compliance with the provisions of this Section. Subd. 4. Exceptions. This Section does not regulate the following: A. Material with significant literary content or social commentary; B. A business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if the sexually oriented material on each item is blocked from view by an opaque cover as required under Minnesota Statutes § 617.293, and each item is in an area accessible only by an employee of the business; C. A person or organization exempted under Minnesota Statutes § 617.295; D. Activity regulated under Minnesota Statutes § 617.202; E. Displaying works of art showing specified anatomical areas,so long as no sexually oriented materials are for sale, and the business does not have a liquor license; and F. Movies rated G, PG, PG-13,NC-17, or R. Subd. 5. Ineligibility. A. Persons Ineligible. No license may be issued to a person who: 1. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 2. Is not eighteen(18) years of age or older at the time the application is filed; 3. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the sexually oriented business in a legal manner, which violations shall include, but not be limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance; 4. Has been convicted of a crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the owner, operator, or manager of a sexually oriented business under Minn. Stat. § 364.03, subd. 3; 5. Holds a liquor license issued under City Code or State law; 6. Is not the real party in interest or beneficial owner of the business operated under the license; 7. Has been denied, within the last year, any license application for the purpose of conducting a sexually oriented business; 8. Has had a license for a sexually oriented business or similar business revoked in any jurisdiction within five (5) years of the license application; or 9. In the case of an individual, is not a resident of the metro area; in the case of a partnership, the managing partner is not a resident of the metro area; or in the case of a corporation, the manager is not a resident of the metro area. The required residency must be established by the time the license is issued and maintained throughout the existence of the license and all renewals. The time for establishing residency within the metro area may, for good cause, be extended by the licensing authority. For the purposes of this paragraph, "metro area"means the seven-county metropolitan area defined by Minnesota Statutes § 473.121, subd. 2. B. Places Ineligible. No license shall be issued for: 1. A place or business ineligible for a license under City ordinance or state law; 2. Operation in any location not permitted by City Code Chapter 11; 3. A place or business that is currently licensed by the City as a pawnshop or therapeutic massage enterprise; 4. A place or business that holds a liquor license; 5. Operation on any premises on which taxes, assessments or other financial claims of the City or other government agency are delinquent and unpaid, except if an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due unless such one (1) year period is extended through no fault of the licensee. 6. A place or business if the property on which the business is or is to be conducted is owned by, operated by, or leased to a person who is ineligible for a license, except that a property owner who is under the age of eighteen (18) shall not make the premises ineligible under this subparagraph. Subd. 6. License Applications A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. Insurance. Each applicant shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the sexually oriented business. The policy of insurance shall be in limits of not less than $1,000,000. Failure to keep in full force and effect the insurance required by this Section is grounds for suspension or revocation of the license. C. Property Ownership and Leases. Each applicant for a license shall provide,for the property on which the licensed business will operate, (1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. D. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood,be grounds for denial or, if already issued, for suspension or revocation of the license. E. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license for a sexually oriented business shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof.Upon approval of an application,whether initial or renewal,the license will not be effective until the license fee is paid. All license application and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. F. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application shall include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his or her written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes would meet the standards established in Subdivision 5.A of this Section. A licensee shall notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. G. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. H. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection G above,an initial application for a license under this Section shall be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial.The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. I. Term of License. Licenses issued under this Section will expire on December 31 of each year. J. Renewal of License.Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection G above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant's payment of the renewal fee,the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City's notice of non- renewal. If a hearing request is not received by the City within ten(10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. K. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations. A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this Section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. Conduct of Business. A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. C. Posting. The license must be posted in a conspicuous place in the premises for which it is used. D. Minimum age. 1. No owner, manager, or employee may allow a person under the age of l 8 to enter the business. 2. No owner, manager, or employee may allow a person under the age of 18 to have access to sexually oriented materials,whether by sight,purchase, touch, or another means. E. Employment of Persons Under 18 Prohibited. No owner or manager may employ a person under the age of 18 on the licensed premises. F. Conduct on Licensed Premises. 1. No owner, manager, or employee may allow sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. 2. No owner, manager, or employee may allow a patron, employee, or other person on the premises to physically contact, in public view, a specified anatomical area of himself or herself, or of another person, except that a live performer may touch himself or herself. 3. A live performer must remain at all times a minimum distance of 10 feet from members of the audience,and must perform on a platform intended for that purpose, that must be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept money, a tip, or other item from a member of the audience. G. Premises Licensed. 1. No sexually oriented business may have booths, stalls, partitioned portions of a room, or individual rooms, except as follows: a. Restrooms are allowed as long as they are no larger than reasonably necessary to serve the purposes of a restroom, no other activities are provided or allowed in the rooms, and there are no chairs, benches, or reclining surfaces in the rooms; and b. Storage rooms and private offices are allowed, if the storage rooms and offices are used solely for running the business and no person other than the owner, manager, and employees is allowed in them. 2. No sexually oriented business may exceed 10,000 square feet in gross floor area. 3. A sexually oriented business license is only effective for the compact and contiguous space specified in the approved license application and may not be enlarged, altered, or extended without application to the City to amend the license. H. Hours of Operation. A sexually oriented business may not be open for business to the public: 1. between 1:00 a.m. and 8:00 a.m., on the days of Monday through Saturday; and 2. between 1:00 a.m. and 12:00 noon, on Sundays. I. Transfer of License. The license issued is for the person or the premises named on the approved license application.No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application for the license. Subd. 8. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the sexually oriented business; 3. Failure to comply with City ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the sexually oriented business of a violation of any ordinance or state or federal statute, arising on the licensed premises; 5. A pending criminal charge, citation, or complaint, or a conviction or other adjudication of guilt, of the owner, manager, or an employee of the sexually oriented business of a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, harassment, disorderly conduct, or the possession or sale of a controlled substance; 6. Conducting the sexually oriented business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 7. Habitual drunkenness or intemperance or the use of drugs on the licensed premises by employees or customers of the business, including but not limited to the use of controlled substances as defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants, tranquilizers or synthetic drugs. 8. The existence of any grounds for denial of a license identified in Subdivision 5 of this Section, which existed at the time the license was issued or arose subsequent to the issuance of the license. B. Procedure. 1. Notice. A suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the licensee and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until (a) the licensee's time to request a hearing expires; or(b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of a renewal application or suspension or revocation of a license, he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be denied renewal, suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten(10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section,whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 2. City Code Chapter 1, Section 1.02, Subdivision 5 is amended by replacing Subdivision 5 in its entirety with the following: Subd.5. "Person"includes all individuals,firms,partnerships,associations,corporations, limited liability companies,joint ventures, or other legal entities, however organized. Section 3. City Code Chapter 5, Section 5.01 is amended inserting the following new Subdivisions 8 and 9 and renumbering the current Subdivision 8 as Subdivision 10: Subd. 8. "Operate" means to own, manage, or conduct, or to have control, charge, or custody over. Subd. 9. "Parent" means a person that owns five percent(5%) or more of an applicant or licensee (and officers, if such person is a corporation or other organization). A person (and officers, if such person is a corporation or other organization) owning five percent (5%) or more of a parent shall also be deemed a"parent." Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 , 2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions November 13, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber First Reading of an Ordinance Amending XI.F. Police Department City Code Chapter 5, Section 5.46 Relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5, Section 5.46 Relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists. Synopsis Section 5.46 of the City Code imposes a licensing scheme on Therapeutic Massage Enterprises and Massage Therapists. The proposed ordinance amends Section 5.46 by revising and re-organizing the section for procedural consistency with other licensing sections of Chapter 5, as well as adding some new substantive provisions relating to the grounds on which a license may be denied, suspended, or revoked. The amendments and re-organization will aid staff in reviewing license applications and administering the licensing provisions once a license is issued. Substantive changes to the current Section 5.46 are as follows: Subdivision 2: The definitions of"applicant," "application," "license fee," "operate," and "persons" are removed from the current subdivision 2 because they also appear in general definition sections 1.02 (applicable to the entire Code) or 5.01 (applicable to all of Chapter 5). These deletions are intended to avoid repetition and ensure that these terms are defined the same for all of the licensing sections. Subdivision 5: This subdivision(previously subdivision 6)lists those persons who are ineligible for either an enterprise license or a massage therapist license. Subdivision 5.A.1.b and 5.B.1.b are new provisions which state that a person is ineligible for a massage enterprise license or a massage therapist license if the person has a pending criminal charge, citation, or complaint for a violation that adversely reflects on the person's ability to conduct the business in a legal manner. Such violations would include, but are not limited to, prostitution-related crimes, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance. These objective provisions replace the existing, subjective requirement that an applicant must be of "good moral character or repute." Such subjective criteria have been disfavored by courts on constitutional grounds. In addition,under the proposed ordinance,the ineligibility provisions for a massage enterprise license also now apply to a parent company of an applicant who is a corporation, partnership or other organization, and a business is ineligible for a license if the property on which it is to be located is owned by, operated, by or leased to a person who is ineligible for a license (Subdivisions 5.A.1.m and 5.A.2.c). Subdivision 6: The new subdivision 6 includes additional and more detailed procedural provisions relating to license applications, investigation, issuance, denial, and renewal. These provisions are consistent with changes being proposed to other Chapter 5 licensing ordinances. Subdivision 8: The proposed ordinance adds, as grounds for suspension or revocation of a license, a pending criminal charge or conviction against the owner,manager,lessee,or an employee of a therapeutic massage enterprise, or a holder of a massage therapist license, for a crime that adversely reflects upon the person's ability to conducted the licensed business (Subdivisions 8.A.5 and 8.A.6). Again, these would include,but not be limited to,prostitution-related crimes, sex trafficking, criminal sexual conduct,assault, disorderly conduct, or the possession or sale of a controlled substance. These new provisions replace existing, subjective language that allows suspension or revocation of a license for"acts demonstrating or involving moral turpitude." Grounds for suspension or revocation now also include the existence of any grounds for initial denial of a license, whether such grounds existed at the time of issuance or arose subsequent to issuance of the license (Subdivision 8.A.9). Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.46, is hereby deleted in its entirety and replaced with the following: SECTION 5.46. THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION. Subd. 1. Findings. The Council makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: A. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. B. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. E. Massage businesses which employ persons with no specialized and standardized training can tax City law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. F. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Subd. 2. Definitions. When used in this Section,unless otherwise stated in specific subsections, the following words and terms shall have the meanings stated: A. "Accredited Institution" — an educational institution holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education or licensed by the Minnesota Office of Higher Education. B. "Accredited Program" — a professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self-study. C. "Clean"—the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. D. "Good repair" — free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. E. "Immediate Family Member" — spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin (that is, a child of an aunt or uncle). F. "Massage" — any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations provided these acts are not committed with sexual intent. G. "Massage Therapist"—an individual who practices or administers massage to the public. H. "Therapeutic Massage Enterprise" — a person who operates a business which employs or hires therapeutic massage therapists licensed in accordance with this Section to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at any time practice or administer massage to the public. I. "Within the City"—includes physical presence as well as telephone referrals such as phone- a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services from within the City. Subd. 3. License Required. A. Therapeutic Massage Enterprise License. It is unlawful for any person to operate, engage in, or carry on, within the City, massage services for the public for consideration without first having obtained a license from the City pursuant to this Section. B. Massage Therapist License. It is unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City without first having obtained a license from the City pursuant to this Section. Subd. 4. Exceptions. A. Neither a therapeutic massage enterprise license nor a massage therapist license is required for the following persons and places: 1. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. 2. A person hired or employed by, and exclusively provides treatment on the premises of, a medical professional licensed under Minnesota Statutes Chapters 147 or 148 or a dental professional licensed under Minnesota Statutes Chapter 150A. A massage therapist operating under this exemption is not limited to providing treatment of patients of the medical or dental professional. 3. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments, and provided the massage by beauty culturists is limited to the head, hand, neck and feet, and the massage by barbers is limited to the head and neck. 4. Athletic trainers, certified by the National Association of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team. 5. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study,provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution shall have at least one hundred fifty (150) hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution and shall be identified to the public as a student of massage therapy. 6. Persons providing"chair massage"are not required to obtain a therapeutic massage enterprise license/massage therapist license if the following requirements are met: a. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; b. The location does not hold a license to sell alcoholic beverages; c. Each recipient of a massage remains in an upright position, either sitting or standing; and d. Each recipient of a massage remains in the normal, daytime attire worn when entering the business and does not remove any clothing except outerwear, such as a coat or jacket. 7. Persons who are (1) hired or employed by a medical professional licensed under Minnesota Statutes Chapters 147 or 148 or a dental professional licensed under Minnesota Statutes Chapter 150A and(2)providing massage services on behalf of the medical or dental professional at a facility established for the hospitalization or care of persons that is licensed by the Minnesota Department of Health. B. A therapeutic massage enterprise license is not required for the following places: 1. Places licensed by the State of Minnesota as a "Salon" pursuant to Minnesota Statutes Section 155A.29. 2. Places licensed by the Minnesota Department of Health that are established for the hospitalization or care of persons. Subd. 5. Ineligibility. A. Therapeutic Massage Enterprise License. 1. No therapeutic massage enterprise license shall be issued to a person who: a. Is not eighteen (18) years of age or older at the time the application is submitted to the City; b. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the therapeutic massage enterprise in a legal manner,which violations shall include,but are not limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance; c. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; d. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; e. Is not the real party in interest of the enterprise; f. Has knowingly misrepresented or falsified information on the license application; g. Does not meet the definition of therapeutic massage enterprise in Subdivision 2 of this Section; h. Has had an interest in, or has persons investing in, the business, building, premises, fixtures, furniture or equipment that had an interest in, as an individual or as part of a firm, association,partnership, corporation, limited liability company, or joint venture, a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; i. Is the Immediate Family Member of a person whose massage-related license has been suspended or revoked in the past five (5) years; j. Has been denied a therapeutic massage enterprise license by the City within one (1) year of the date of the license application; k. Does not provide all information required by the application or such other information as the City may require; or 1. Does not have one(1) or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. m. Is a corporation, partnership, or other organization which has a parent that meets a condition set forth in subparagraphs a through 1 of this Subdivision 5.A.1. 2. No therapeutic massage enterprise shall be licensed if: a. Such enterprise is located on property on which taxes, assessments, or other financial claims to the State, County, School District, or City are due and delinquent. In the event a suit has been commenced by a person having an interest in the property under Minnesota Statutes Sections 278.01 - 278.13 questioning the amount or validity of taxes,the Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof,which remain unpaid for a period exceeding one (1) year after becoming due. b. The location of such enterprise is not in conformance with the land use regulations of the City Code unless such enterprise is a legal, nonconforming use. c. The property on which the enterprise is or is to be conducted is owned by, operated by, or leased to a person who is ineligible for a license, except that a property owner who is under the age of 18 shall not make the premises ineligible under this subparagraph. B. Massage Therapist License. 1. No massage therapist license shall be issued to a person who: a. Is not eighteen (18) years of age or older at the time the application is submitted to the City; b. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to,prostitution or the solicitation,inducement,or promotion thereof, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance; c. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes Section 364.03, subdivision 3; d. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; e. Has knowingly misrepresented or falsified information on the license application; f. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota Statutes Section 155A.29; g. Does not provide to the City proof of current insurance coverage of one million dollars($1,000,000)for personal liability in the practice of massage; h. Does not provide to the City proof that he or she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City; i. Does not meet the definition of Massage Therapist in Subdivision 2 of this Section; j. Has had an interest in, individually or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, or has a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; k. Is the Immediate Family Member of a person whose massage-related license has been suspended or revoked in the past five (5) years; 1. Has been denied a massage therapist license by the City within one(1)year of the date of the license application; or m. Does not provide all information required by the license application or such other information as the City may require. Subd. 6. License Applications. A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. Insurance. 1. Each applicant for a therapeutic massage enterprise license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the therapeutic massage enterprise. The policy of insurance shall be in limits of not less than $1,000,000.00. 2. Each applicant for a massage therapist license shall file with the City a current certificate of insurance providing coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. 3. Failure to keep in full force and effect the insurance required by this Section is grounds for revocation of the license. C. Property Ownership and Leases. Each applicant for a license shall provide,for the property on which the licensed business will operate, (1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. D. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. E. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license under this Section shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. Upon approval of an application, whether initial or renewal, the license will not be effective until the license fee is paid. All license, application, and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. F. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application shall include the name of the person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his or her written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes would meet the standards established in Subdivision 5.A of this Section. A licensee shall notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. G. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. H. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection G above,an initial application for a license under this Section shall be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial.The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. I. Term of License. Licenses issued under this Section will expire on December 31 of each year. J. Renewal of License.Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection G above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant's payment of the renewal fee,the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City's notice of non- renewal. If a hearing request is not received by the City within ten(10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. K. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this Section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. Conduct of Business.A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. C. Posting. A therapeutic massage enterprise license issued shall be posted in a conspicuous place on the premises for which it is used. A person licensed as a massage therapist shall have readily available a current license issued by the City at all times therapeutic massage services are rendered. D. Premises Licensed. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered,or extended,the licensee shall inform the City within 15 days of such change. A massage therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage enterprise premises, excluding hotel or motel guest rooms. E. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a massage therapist under this Section, unless the person is specifically exempted from obtaining a massage therapist license pursuant to Subdivision 4 of this Section. F. Affiliation With Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota Statutes Section 155A.29, unless a person or place is specifically exempted from obtaining a massage therapist license or a therapeutic massage enterprise license in Subdivision 4 of this Section. G. Hours of Operation.No customers or patrons may be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No massage therapist shall perform massage services after 10:00 p.m. and before 7:00 a.m. daily. H. Premises Subject to Inspection. During any hours in which any person is present on the licensed premises, the premises licensed under this Section shall be open to inspection by any duly authorized representative of the City to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection and without a search warrant. Upon demand by a health, building or license inspector or police officer, a person engaged in providing services in a premises licensed under this Section shall identify himself/herself giving his/her true legal name and his/her correct address. I. Conduct on Licensed Premises. Except as herein provided, every licensee under this Section shall comply with the following: 1. Coverage of Genitals During Massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. 2. Therapist Clothing Requirements.Any massage therapist performing massage shall at all times have his or her breasts,buttocks, anus, and genitals covered with a non- transparent material or clothing. 3. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. 4. Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the breast, anus, penis, scrotum, mons veneris, vulva, or vaginal area of a person or commit any other act with sexual intent. J. Condition and Maintenance of Premises. 1. Cleanliness. Floors, walls, other structures, and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business shall be kept clean and in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six (6) inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue shall be made available for each customer. 2. Restrooms. Restrooms used in connection with the therapeutic massage enterprise shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a minimum of twenty(20) foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. 3. Storage. Licensed premises shall have a janitor's closet for the storage of cleaning supplies. This closet shall have mechanical ventilation with two (2) cfm per square foot of floor area and a minimum of twenty (20) foot candles of illumination. The closet shall include a mop sink. For licensees operating a therapeutic massage enterprise as a home occupation, in lieu of a janitor's closet, all cleaning supplies shall be stored separate away from the bathroom and massage room and away from other equipment and supplies used in conjunction with the business. 4. Lockers. Either individual lockers or secured areas designated for storage shall be made available for use by employees and patrons for their personal items while on the premises. 5. Hand Washing Required. A separate hand-sink shall be easily accessible and used by a massage therapist before administering massage on each patron and when hands are soiled. 6. Linens. The furniture upon which the patron reclines while receiving a massage shall either be covered with clean linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease.Linens and towels shall be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. For licensees operating a therapeutic massage enterprise as a home occupation, linens and towels shall be washed separate from personal articles. Single-use linens shall be discarded after each use. K. Transfer.The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. L. Home Occupation. Whenever a therapeutic massage enterprise is operated in a residential area as a home occupation, the person(s) conducting the business shall comply with the provisions of City Code Chapter 11 relating to home occupations. M. Proof of Local Residency Required. In the case of a therapeutic massage enterprise, the licensee, managing partner or manager of the licensed premises must show proof of residency acceptable to the City in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. In the case of a massage therapist, the licensee must show proof of residency acceptable to the City in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. N. Posting Rates. A therapeutic massage enterprise must post its service rates in a prominent place in the entrance or lobby of the business. O. Illegal Activities.A therapeutic massage enterprise licensee shall be strictly responsible for the conduct of the business, including conduct of any employee or agent of the licensee on the licensed premises. Subd. 8. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the therapeutic massage enterprise; 3. Failure to comply with City ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the therapeutic massage enterprise, or the holder of a massage therapist license, of a violation of any ordinance or state or federal statute, arising on the licensed premises; 5. Any pending criminal charge, citation, or complaint against the owner, manager, lessee or an employee of the therapeutic massage enterprise, or the holder of massage therapist license, for a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner,which violations shall include,but are not limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, harassment, disorderly conduct, or the possession or sale of a controlled substance. 6. Conviction or adjudication of guilt of the owner, manager, lessee or an employee of the therapeutic massage enterprise, or the holder of a massage therapist license, of a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include,but are not limited to,prostitution or the solicitation, inducement,or promotion thereof, sex trafficking, criminal sexual conduct, assault, harassment, disorderly conduct, or the possession or sale of a controlled substance; 7. Conducting the therapeutic massage enterprise in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 8. Habitual drunkenness or intemperance or the use of drugs on the licensed premises by any employee or patron including, but not limited to the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants, tranquilizers or synthetic drugs. 9. The existence of any grounds for denial of a license identified in Subdivision 5 of this Section, which existed at the time the license was issued or arose subsequent to the issuance of the license. B. Procedure. 1. Notice. A suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the licensee and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within ten(10) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten(10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until (a) the licensee's time to request a hearing expires; or(b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of the renewal application or suspension or revocation of the license,he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be denied renewal, suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten(10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 9. Violation a Misdemeanor.A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section,whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018.