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HomeMy WebLinkAboutCity Council - 02/05/2002 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 5,2002 CITY CENTER 5:30-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Carl Jullie,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz,Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER • II. APPROVAL OF AGENDA III. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT You are invited to A Presentation on RILEY - PURGATORY - BLUFF CREEK WATERSHED DISTRICT Tuesday, February 5th , 5 : 30 p . m . Eden Prairie City Hall Heritage Room, Lower Level By the Board of Managers of Riley-Purgatory-Bluff Creek and its Advisory Staff in a Study Session for Members of the Eden Prairie City Council Protecting Water Resources in Eden Prairie - Where We've Been, Where We Are, and Where We're Going Riley-Purgatory-Bluff Creek Citizens' Advisory Committee Meeting is following at 7 p.m. Atrium Room III If You Would Like to Attend AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 5,2002 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councihnembers Sherry Butcher,Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Carl Jullie,Parks&Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. ADMINISTER OATH OF OFFICE TO DAVID LUSE IV. COUNCIL FORUM INVITATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD JANUARY 8,2002 B. CITY COUNCIL MEETING HELD JANUARY 15,2002 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE CITY CENTER FIRE STATION by the City of Eden Prairie. 2nd Reading for Planned Unit Development District Review within the I-5 Zoning District with waivers on 30 acres, Zoning District Amendment in the I -5 Zoning District on 30 acres. and Subdivision of 30 acres into 2 lots. Location: 14800 Scenic Heights Road. (Ordinance for PUD District Review and Zoning District Amendment) C. APPROVE DECLARATION OF RESTRICTIONS ON RILEY LAKE PARK D. APPROVE PROPOSAL FOR IN-CONSTRUCTION SERVICES FOR THE PURGATORY CREEK RECREATION AREA GRADING AND STORM SEWER INSTALLATION CITY COUNCIL AGENDA February 5,2002 Page 2 E. ADOPT RESOLUTION APPROVING SOUTHWEST MUTUAL AID ASSOCIATION REVISION F. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION G. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION H. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2002-08 SETTING MEETING PLACES AND TIMES FOR BOARDS AND COMMISSIONS FOR 2002 I. AWARD CONTRACT FOR VARIABLE FREQUENCY DRIVES FOR WELL PUMPHOUSE NOS. 3,4, 5 AND 6,I.C. 01-5547 J. APPROVE THIRD AMENDMENT TO DEVELOPERS AGREEMENT TO ADC TELECOMMUNICATIONS, INC. K. ADOPT RESOLUTION APPROVING THE PRELIMINARY LAYOUT PLAN FOR I-494 FROM TH212 TO 0.5 WEST OF EAST BUSH LAKE ROAD L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR FINAL DESIGN OF TH212/VALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENTS,I.C. 01-55543 M. ADOPT RESOLUTION TO RECEIVE FEASIBILITY REPORT AND SET PUBLIC HEARING FOR CRESTWOOD TERRACE AREA STREET AND UTILITY IMPROVEMENTS,I.C. 98-5474 N. APPROVE TEMPORARY PERMIT-TO-CONSTRUCT FOR MNDOT WITHIN CITY STORM WATER FACILITIES NORTH OF VIKING DRIVE,I.C. 02-5553 O. APPROVE MASTER LEASE AGREEMENT WITH XCEL EMERGENCY FOR INSTALLATION OF EMERGENCY VEHICLE PRE-EMPTION (EVP)EQUIPMENT ON STREETLIGHTS,I.C. 01-5541 P. AUTHORIZE AGREEMENT WITH HENNEPIN CONSERVATION DISTRICT FOR EDEN PRAIRIE TO SPONSOR THE WETLAND HEALTH EVALUATION PROJECT CITY COUNCIL AGENDA February 5,2002 Page 3 Q. ADOPT RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING FORM AND DETAILS,AND PROVIDING FOR PAYMENT OF$890,000 G.O.EQUIPMENT CERl'lleICATES OF INDEBTEDNESS R ADOPT RESOLUTION RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS),SERIES 2002A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT S. ADOPT RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$1,000,000 G.O. BONDS,SERIES 2002A(JOINT PUBLIC SAFETY FACILITY) T. ADOPT RESOLUTION APPROVING AND CONSENTING TO THE ASSIGNMENT OF TAX INCREMENT FINANCING BY EP SENIOR HOUSING LLC,EP ASSISTED LIVING,LLC,AND SC MINNESOTA PROPERTIES,LLC TO GLASER FINANCIAL GROUP,INC. U. APPOINT CITIZEN TASK FORCE FOR JEAN HARRIS MEMORIAL VIII. PUBLIC HEARINGS /MEETINGS A. BP AMOCO by BP Products North America, Inc. Request for Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.4 acres, Planned Unit Development Concept Amendment on 2.45 acres, Planned Unit Development District Review with waivers on 2.45 acres, Zoning District Change from N-Corn to C-Corn on 1.4 acres, Zoning District Amendment with the C-Corn District on 1.05 acres, Site Plan Review on 2.45 acres, and Preliminary Plat of 2.45 acres into two lots. Location: Southeast corner Highway 212 and Anderson Lakes Parkway. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment, Resolution for Comprehensive Guide Plan Change, and Resolution for Preliminary Plat) B. PARKSIDE PLACE by William and Suzette Dupont. Request for Zoning District Change from Rural to R1-22 on 1.3 acres and Preliminary Plat of 2.2 acres into 3 lots. Location: 18390 Dell Drive. (Ordinance for Zoning District Change and Resolution for Preliminary Plat) C. COMPREHENSIVE GUIDE PLAN(Continued) D. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN PART OF BEARPATH 4r11 ADDITION,VACATION 02-01 (Resolution) CITY COUNCIL AGENDA February 5,2002 Page 4 E. VACATION OF A WALKWAY EASEMENT IN PORTNOY'S THIRD ADDITION,VACATION 02-02 (Resolution) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. HENNEPIN VILLAGE by The Pemtom Land Company. 2nd Reading for Planned Unit Development District Review with waivers on 28.3 acres, Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres, and Site Plan Review in the RM-6.5 District on 18 acres. Location: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) B. ADOPT RESOLUTION CALLING FOR PUBLIC HEARING ON THE PROPOSED ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. MINNESOTA WATER QUALITY PARNTERSHIP REPORT AND REQUEST FOR FUNDING XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION 2001 SUMMARY—LORI PETERSON BENIKE, CHAIR XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Council Goals for 2002 B. REPORT OF CITY MANAGER 1. City Manager Position Profile C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Birch Island Woods Task Force and Charter Statement 2. Proposed Leisure Education Program For Individuals With Disabilities CITY COUNCIL AGENDA February 5,2002 Page 5 D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Purchase of Network Infrastructure Equipment E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2002-21 A RESOLUTION APPOINTING A COMMISSIONER TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority(HRA); and WHEREAS,the Acting Mayor appoints Councilmember David Luse to serve as a commissioner of the Eden Prairie HRA for the term of office concurrent with his term as member of the Council. NOW THEREFORE,BE IT RESOLVED,that the City Council affirms the appointment made by the Acting Mayor for the term set forth above. ADOPTED,by the City Council of the City of Eden Prairie, on the 5th day of February, 2002. • Ronald Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,FEBRUARY 5,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman CITY COUNCIL STAFF: City Manager Carl Jullie,Parks &Recreation Services Director Bob Lambert,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. RESOLUTION RELATING TO $8,050,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2002A; AUTHORIZING THE ISSUANCE,AWARDING THE SALE AND PRESCRIBING THE FORM THEREOF AND AUTHORIZING THE EXECUTION OF A TRUST INDENTURE,AN ESCROW AGREEMENT AND A LEASE-PURCHASE AGREEMENT III. ADJOURNMENT REVISION:MOODY'S ASSIGNS Aa2 RATING TO El)EN PRAIRIE HOUSING i Page 1 of 3 Global Credit Researct New Issue Moue yal tli, , _ _ 1 FEB 200: New Issue: Eden Prairie Housing&Redevelopment Authority, MN REVISION: MOODY'S ASSIGNS Aa2 RATING TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY(MN) LEASE REVENUE REFUNDING BONDS,2002A UPGRADE TO Aa2 FROM Aa3 AFFECTS$5.3 MILLION IN LEASE REVENUE PARITY DEBT OUTSTANDING;CITY OF EDEN PRAIRIE G.O. UPGRADED TO Aa1 FROM Aa2 - Eden Prairie(City of)MN Municipality MN • Moody's Rating ' ISSUE RATING Lease Revenue Refunding Bonds,Series 2002A Aa2 Sale Amount $8,050,000 Expected Sale Date 02/05/02 Rating Description Lease Revenue Opinion NEW YORK, Feb 1,2002—Moody's Investors Service has assigned a Aa2 rating,with a stable outlook,to the City of Eden Prairie's Housing and Redevelopment Authority, Minnesota's$8,050,000 Lease Revenue Refunding Bonds,Series 2002A.Moody's has also upgraded to Aa2 from Aa3 the rating on the Housing and Redevelopment Authority's$5.3 million in outstanding parity debt,as well as upgraded to Aa1 from Aa2,the rating on the City of Eden Prairie's outstanding$33.4 million of general obligation bonds. Bond proceeds will advance refund the 2003 through 2012 maturities of Series 1992A bonds,totaling$1.7 million,and the 2004 through 2012 maturities of Series 1992B bonds,totaling$6.1 million,for estimated net present value savings of$627,113 or 7.2%of refunded par.Originally,the Series 1992A bonds financed a community center while Series 1992B bonds financed City Hall renovations.The lease revenue rating reflects the annual appropriation risk and essential nature of the projects originally financed,in addition to the substantial and diversified tax base,low amount of rapidly amortized debt,and well managed financial operations. SUBSTANTIAL AND DIVERSIFIED TAX BASE Moody's believes that the city's substantial tax base will continue its trend of strong growth in the next few years as a result of recently completed and planned future commercial and industrial developments,in addition to persistent residential housing growth. Eden Prairie's tax base of$5.9 billion has experienced rapid growth,increasing by just under 70%since 1996,resulting in a substantial full value per capita of$107,554. Growth has been aided by commercial development,which includes a ten year shopping center project,and • a strong housing market that has been driven by a rapid population increase(the city experienced a 39.7% population increase between 1990 and 2000).In 2001,net tax capacity was comprised of a diverse mix of 50%residential and 42%commercial and industrial.Going forward,Moody's expects that tax base growth will remain strong in the near-term and begin to level off in outer years as the city approaches full development.According to officials,the city is approximately 80%developed. FAVORABLE DEBT LEVEL;LACK OF FUTURE BORROWING Moody's anticipates that the city's debt burden will decline given rapid principal amortization,lack of future borrowing needs,and expected future tax base growth.Currently,the city's overall debt burden is just below http://w .moodys.com/moodys/cust/research/genoa/Report/New%20lssue/80001120 2/5/2002 REVISION:MOODY'S ASSIGNS Aa2 RATING TO MEN PRAIRIE HOUSING.. Page 2 of 3 average at 3.2%and its direct debt burden is low at 0.8%.Principal amortization is aggressive as 94%of outstanding general obligations is retired within 10 years.Management indicates that no additional bonding is expected within the next few years as capital projects will be funded on a pay-go basis. WELL MANAGED FINANCIAL OPERATIONS WITH INCREASING GENERAL FUND RESERVES Moody's expects the city's financial position to remain strong due to a history of sound financial management as demonstrated by operating results that consistently outperform conservatively budgeted figures.City officials employ a very conservative budgeting strategy,estimating only 95%of property tax collections, despite historical collection rates in excess of 99%.As a result,the General Fund has experienced consecutive operating surpluses since fiscal 1996 and increased the balance to a fiscal 2000 level of$13.9 million,or 51%of General Fund revenues.Of this amount,$7.9 million is undesignated and another$2.7 million is designated for the subsequent year,which the city indicates could be used as a budget stabilization.Projections for fiscal 2001 indicate a General Fund operating surplus approaching$1 million and officials have budgeted for an additional operating surplus in fiscal 2002,including its annual transfer to the Capital Projects Fund.The city annually transfers monies to its Capital Projects.Fund in order to utilize pay go financing of capital projects and decrease reliance on debt issuance.Eden Prairie also has a fund balance policy of maintaining 30%-40%on an undesignated basis. KEY STATISTICS: 2000 population:54,901 2000 full valuation:$5.9 billion • 2000 full valuation per capita:$107,554 Debt burden:3.2% Payout of principal(10 years):94.6% FY 00 General Fund balance:$13.9 million(51%of General Fund revenues) FY 00 Undesignated General Fund balance and Designated for Subsequent Year:$10.6 million(38.8%of General Fund revenues) Analysts Patrick Williams . Analyst Public Finance Group Moody's Investors Service Stephen Stowe , Backup Analyst Public Finance Group Moody's Investors Service Contacts Journalists:(212)553-0376 Research Clients:(212)553-1625 ©Copyright 2002 by Moody's Investors Service,99 Church Street,New York,NY 10007.All rights reserved. ALL INFORMATION CONTAINED HEREIN IS COPYRIGHTED IN THE NAME OF MOODY'S INVESTORS SERVICE,INC.("MOODY'S"), AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED,REPACKAGED,FURTHER TRANSMITTED, http://www moodys.com/moodysjcustlresearch/genoa/Report/New%20lssue/8000111.. 2/5/2002 HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: SECTION: February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Financial Services/ Resolution Relating To $8,050,000 Lease Revenue Don Uram Refunding Bonds (City Hall And Community Center Projects), Series 2002A Requested Action: Move to: Adopt Resolution Relating To $8,050,000 Lease Revenue Refunding Bonds (City Hall And Community Center Projects), Series 2002A; Authorizing The Issuance, Awarding The Sale And Prescribing The Form Thereof And Authorizing The Execution Of A Trust Indenture, An Escrow Agreement,And A Lease-Purchase Agreement Synopsis: The purpose of this refunding bond issue is to advance refund certain maturities of the HRA's Series 1992A Bonds (Community Center) and Series 1992B Bonds (City Hall) for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2003 - 2012 maturities totaling$1,735,000 of the HRA's Series 1992A Bonds and the principal balance • of the 2004—2012 maturities totaling$6,080,000 of the HRA's Series 1992B Bonds. The average outstanding coupon rate for the bonds to be refunded is 6.22%. The average coupon on the new refunding bonds is estimated to be 3.93%resulting in net present value debt service savings of$627,112. In addition, on the respective call dates,the BRA will pay off $270,000 of the 2012 maturity on the Series 1992A Bonds (Community Center) and the 2013 maturity totaling$920,000 on the Series 1992B with excess debt service funds on hand. The estimated present value saving of calling these bonds is estimated to be$208,161. Total estimated net present value savings of the combined refunding and calling of bonds is estimated to be$835,273. A detailed analysis of the refunding is included. Attachments: Resolution CITY OF EDEN PRAIRIE H J+NNEPIN COUNTY,MINNESOTA H.R.A. RESOLUTION NO.2002-01 RESOLUTION RELATING TO $8,030,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS),SERIES 2002A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE AND PRESCRIBING THE FORM THEREOF AND AUTHORIZING THE EXECUTION OF A TRUST INDENTURE,AN ESCROW AGREEMENT AND A LEASE-PURCHASE AGREEMENT WHEREAS,the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority")is authorized by Minnesota Statutes, Sections 469 (the "Act"), to issue bonds to finance or refinance a redevelopment project and the principal and interest on the bonds maybe payable exclusively from its income and revenues of the project financed or refinanced with the proceeds of the Bonds; and WHEREAS,the Act further authorized the Authority to make any of its land in a redevelopment project available for use by public agencies by sale, lease or otherwise;and WHEREAS,the Authority has undertaken a project (the"Community Center Project") consisting of the construction of improvements to a community center facility located on land in the City of Eden Prairie,Minnesota(the"City") as an authorized project under the Act, and has financed the cost thereof by the issuance of its revenue bonds denominated Lease Revenue Bonds (Community Center Project), Series 1992A(the Series 1992A Bonds), and has leased the Community Center Project to the City pursuant to and in accordance with a Lease- Purchase Agreement, dated as of August 1, 1992,between the Authority and the City; and WHEREAS,the Authority has undertaken a project (the"City Hall Project," together with the Community Center Project,the"Project") consisting of the acquisition of certain real property in the City and the acquisition and rehabilitation of an existing building located thereon, a portion of which was for use as a city hall and city offices (the"Governmental Space"), as an authorized project under the Act, and has financed the cost thereof by the issuance of its revenue bonds denominated Lease Revenue Bonds (City Hall Project), Series 1992B (the Series 1992B Bonds) and its Lease Revenue Bonds (City Hall Project), Series 1993A(the Series 1993A Bonds) and leased with an agreement to sell to the City pursuant to a Series B Lease Agreement, dated as of August 1, 1992, and amended by a First Amendment to Series B Lease Agreement, dated as of May 1, 1993,between the Authority and the City; and WHEREAS,it is proposed that the Authority issue its lease revenue refunding bonds pursuant to the Act,to be denominated Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A(the"Bonds") for the purpose of refunding in advance of maturity$1,735,000 of principal amount of the outstanding Series 1992A Bonds and $6,080,000 of principal amount of the outstanding Series 1992B Bonds, aggregating$7,815,000 in principal amount(collectively,the"Refunded Bonds")in a"crossover refunding"as defined in Minnesota Statutes, Section 475.67, subd. 13, and to pay certain costs of the issuance of the Bonds and of the refunding of the Refunded Bonds; and WHEREAS,the Bonds will be issued pursuant to a Trust Indenture,dated as of February 1,2002(the"Indenture"),between the Authority and U.S.Bank National Association, as trustee(the"Trustee"); and WHEREAS,the Bonds issued under the Indenture will be secured by a pledge and assignment of the Lease-Purchase Agreement, dated as of February 1,2002 (the"Lease"), between the Authority and the City, and of the revenues derived by the Authority from the Project, and the bonds and interest thereon shall be payable solely from the revenues pledged thereto and no bonds shall constitute a debt of the Authority within the meaning of any constitutional or statutory limitation nor shall the full faith, credit and taxing powers of the Authority be pledged thereto; and • WHEREAS,under the Lease,the City is to pay to the Authority sufficient money each year to pay the principal of,premium,if any, and interest on the bonds issued to refinance the Project, and the City is to provide the cost of maintaining the Project in good repair,the cost of keeping the Project properly insured, and any payments required for taxes and any expenses incurred by the Authority in connection with the Project; and WHEREAS, forms of the Lease,the Escrow Agreement, the Indenture and the Preliminary Official Statement, dated January 29, 2002 (together with the Addendum thereto to be prepared and distributed prior to delivery of the Bonds,the"Official Statement")have been presented to this Board and are hereby ordered to be placed on file in the office of the Secretary; and WHEREAS,the Authority's financial consultant, Juran&Moody, a division of Miller Johnson Steichen Kinnard, as an independent financial advisor pursuant to Minnesota Statutes, Section 475.60, subdivision 2,paragraph(9),has solicited bids for the Bonds on behalf of the City, and,pursuant to the Official Statement, a bid for the purchase of the Bonds has been received, opened,read and considered, and the purchase price,interest rates,net interest cost and true interest cost under the terms of such bid are found to be as set forth in Exhibit A attached hereto. • NOW, THEREFORE,BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, as follows: Section 1. This Board acknowledges, finds, determines and declares that it is in the best interests of the Authority to refinance the Project. It is hereby determined that: (a) by the issuance of the Bonds the Issuer will realize a substantial interest rate reduction, a gross savings of approximately$750,129.40 and a present value savings (using the yield on the Bonds, computed in accordance with Section 148 of the Internal Revenue Code of 1986, as amended(the Code), as the discount factor) of approximately $661,290.21 ; and (b) as of August 1, 2002 and February 1,2003 (the Crossover Dates), the sum of (i)the present value of the debt service on the Bonds, computed to their stated maturity dates, after deducting any premium,using the yield of the Bonds as the discount rate,plus (ii) any expenses of the refunding payable from a source other than the proceeds of the -2- Bonds or investment earnings thereon,is lower by 7.60 % (not less than 3%)than the present value of the debt service on the Refunded Bonds, computed to their stated maturity dates,using the yield of the Bonds as the discount rate. Section 2. For the purpose of paying certain of the costs of the refunding,there is hereby authorized the issuance of Lease Revenue Refunding Bonds, Series 2002A of the Authority in the approximate principal amount of$8,030,000, subject to adjustment according to the Official Notice of Sale. The Bonds shall be issued in fully registered form, shall be in such denominations, shall be payable on the dates and in the principal amounts and shall be payable from the sources and in the manner provided in the Indenture. The Bonds shall bear interest at the rates set forth in Section 6. This Board hereby authorizes and directs the Chair to execute and the Secretary to attest under the corporate seal of the Authority the Trust Indenture(the Indenture) in the name and on behalf of the Authority and to deliver to the Trustee the Indenture, and does hereby authorize and direct the execution of the Bonds in accordance with the provisions of the Indenture. This Board hereby authorizes and directs the Chair to execute and the Secretary to attest under the corporate seal of the Authority the Escrow Agreement in the name and on behalf of the Authority. All of the provisions of the Indenture and the Escrow Agreement, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein. The Indenture and the Escrow Agreement shall be substantially in the form on file in the office of the Secretary with such necessary and appropriate variations, omissions and insertions as the Chair shall determine to be necessary or appropriate, and the execution thereof by the Chair shall be conclusive evidence of such determination.. Section 3. The Chair and the Secretary are hereby authorized and directed to execute and deliver the Lease in the name and on behalf of the Authority. All of the provisions of the Lease,when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein. The Lease shall be substantially in the form on file in the office of the Secretary,with such necessary and appropriate variations, omissions and insertions as the Chair shall determine to be necessary or appropriate, and the execution thereof by the Chair shall be conclusive evidence of such determination. Section 4. No covenant, stipulation, obligation or agreement herein contained or contained in the Indenture, the Bonds or the Lease shall be deemed to be a covenant, stipulation, obligation or agreement of any member of this Board or any officer, agent or employee of the Authority in that person's individual capacity, and neither this Board nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 5. The officers of the Authority are hereby authorized to do all acts and things required of them by or in connection with this resolution,the Indenture,the Lease and the Escrow Agreement for the full,punctual and complete performance of all the terms, covenants and agreements contained in the Bonds,the Lease,the Indenture,the Escrow Agreement and this resolution,including the execution and delivery of such closing certificates, arbitrage -3- • certifications and similar documents as may be required by bond counsel in connection with the issuance and delivery of the Bonds. Section 6. It is hereby found and determined that the most favorable bid received for the purchase of the Bonds is that submitted by U S Bancorp Piper Jaffray,Inc. , of Minneapolis,Minnesota, and associates (the"Purchaser"),to purchase the Bonds at a price of $7,988,108.39,plus accrued interest to the date of closing,the Bonds maturing in the following years to mature in the principal amounts and to bear interest at the designated rates set forth below opposite such years,respectively: Principal Interest Principal Interest Maturity Amounts Rate Maturity Amounts Rate 2004 $665,000 3.75% 2009 $925,000 3.95% 2005 725,000 3.75 2010 975,000 4.00 2006 775,000 3.75 2011 1,050,000 4.00 2007 825,000 3.75 2012 1,215,000 4.00 2008 875,000 3.75 Said offer is hereby accepted and the Chair and the Secretary are hereby authorized and directed to execute a contract on the part of the Authority for the sale of the Bonds to the Purchaser. Section 7. Official Statement. The Preliminary Official Statement prepared and distributed on behalf of the Authority by Juran&Moody, a division of Miller Johnson Steichen Kinnard is hereby approved. The officers of the Authority are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement and to deliver to the Purchaser within seven business days after the date of adoption of this resolution copies of the Official Statement in accordance with the Official Notice of Sale, supplemented so as to contain the terms of the Bonds as set forth in this resolution and the reoffering and other information provided by the Purchaser for inclusion in the Official Statement. Section 8. Arbitrage Rebate. The Authority acknowledges that the Bonds are subject to the rebate requirements of Section 148(f)of the Code. The Authority covenants and agrees to retain such records,make such determinations,file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes,unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds"of the Bonds(other than amounts constituting a"bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. Section 9. Continuing Disclosure. Because the City is the only"obligated person"in respect of the Bonds within the meaning of Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934(17 C.F.R. §240.15c2-12),relating to continuing disclosure(as in effect and interpreted from time to time,the Rule)for purposes of identifying -4- the entities in respect of which continuing disclosure must be made, and the City, in its authorizing resolution,has covenanted to comply with the Rule,the Issuer will undertake no responsibility for continuing disclosure with respect to the Bonds. Section 10. Qualified Tax-Exempt Obligations. In order to enhance the marketability of the Bonds, and since the Authority and all subordinate entities do not reasonably expect to issue in excess of$10,000,000 of governmental and qualified 501(c)(3)bonds during calendar year 2002,the Bonds are hereby designated by the Authority as"qualified tax-exempt obligations"for the purposes of Section 265(b)of the Code. Section 11. Escrow;Redemption of Refunded Bonds and Certificate of Proceedings. (a)The proceeds of the Bonds in the amount of$7,937,984.69 are irrevocably appropriated for the payment of interest to become due on the Bonds to and including the Crossover Dates, and for the payment and redemption of the principal amount of the Refunded Bonds on the Crossover Dates. The Trustee is authorized and directed, simultaneously with the delivery of the Bonds,to deposit the proceeds thereof,to the extent described above,in escrow with U.S. Bank National,Association, St.Paul, Minnesota, and shall invest the funds so deposited in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 13,maturing on such dates and bearing interest at such rates as are required to provide funds sufficient,with cash retained in the escrow account,to make the above-described payments. The Authority is hereby authorized to enter into an Escrow Agreement with said Bank establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. (b) The Secretary is directed to call the Refunded Bonds for redemption and prepayment at their earliest permissible redemption dates (August 1,2002 in the case of the Series 1992A Bonds and February 1,2003 in the case of the Series 1992B Bonds) and to give notice of redemption in accordance with the resolutions authorizing the issuance of the Refunded Bonds. (c) The officers of the Authority are authorized and directed to prepare and furnish to the Purchaser, and to Dorsey&Whitney LLP,the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records of the Authority relating to the authorization and issuance of the Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and the marketability of the Bonds as such facts appear from the officer's books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the correctness of all statements contained therein. Section 12. Refunding of Series 1993A Bonds; Subordination to Refunded Bonds. The City and the Authority have agreed that, at such time as the Series 1993A Bonds can be refunded in a"current refunding"for federal tax purposes,the Authority will issue lease revenue refunding bonds as additional bonds under the Indenture to refund the Series 1993A Bonds, and -5- the City and the Authority will enter into amendments of or supplements to the Indenture and the " Lease in connection therewith.Until such time as the Series 1992A, 1992B and 1993A Bonds have been redeemed and paid,the Bonds,the Indenture and the Lease will be subordinate to the Series 1992A, 1992B and 1993A Bonds,and to the documents securing those Bonds. Section 13. This resolution shall be in full force and effect from and after its passage. • -6- Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota,this 5th day of February,2002. Ronald Case,Acting Chairperson Attest: Carl J. Jullie,Executive Director • • -7- it "1 FINANCE PLAN SUMMARY For Housing& Redevelopment Authority In and For the City of Eden Prairie, Minnesota $8,050,000* Lease Revenue Refunding Bonds, Series 2002A (City of Eden Prairie, Minnesota Lease Purchase Agreement) • February 5,2002 Jur & o dy FE A Division of MillerJohnson Steichen Kinnard Housing &Redevelopment Authority In and For the City of Eden Prairie,Minnesota $8,050,000* Lease Revenue Refunding Bonds, Series 2002A (City of Eden Prairie, Minnesota Lease Purchase Agreement) Financing Overview: The purpose of this refunding bond issue is to advance refund certain maturities of the HRA's Series 1992A Bonds(Community Center)and Series 1992B Bonds(City Hall)for interest cost savings. Proceeds of this bond issue will be deposited into an escrow account and invested in permitted securities to pay off the principal balance of the 2003 -2012 maturities totaling$1,735,000 of the HRA's Series 1992A Bonds(Community Center)and the principal balance of the 2004—2012 maturities totaling$6,080,000 of the HRA's Series 1992B Bonds(City Hall)on their respective call dates of August 1, 2002 and February 1,2003. The average outstanding coupon rate for the bonds to be refunded is 6.22%. The average coupon on the new refunding bonds is estimated to be 3.93%resulting in net present value debt service savings of $627,112. In addition,on the respective call dates,the HRA will pay off $270,000 of the 2012 maturity on the Series 1992A Bonds(Community Center)and the 2013 maturity totaling$920,000 on the Series 1992B with excess debt service funds on hand. The estimated present value saving of calling these bonds is estimated to be $208,161. Total estimated net present value savings of the combined refunding and calling of bonds is estimated to be$835,273. A detailed analysis of the refunding is included in Exhibit A. Page 1-2 provides a summary of the transaction including the sources and uses of funds and the structure of the escrow. Page 3 illustrates the estimated new debt service,which has been structured to achieve a uniform savings level given the existing debt structures. Pages 4—5 illustrate the pro-rata share of new debt service for the Community Center portion and the City Hall portion. Pages 6-8 show the scheduled debt service on the old bonds. Pages 9— 12 is a detailed analysis of the present value calculations. Summary of Recommended Terms: 1. Price Proposals/Council Consideration February 5,2002 2. Type of Sale Competitive Public Sale 3. Authority and Purpose The Bonds are being issued pursuant to Minnesota Statutes 469 and 475. Page 2 *Preliminary and subject to change 4. Principal Amount $8,050,000-The HRA reserves the right to increase or decrease any of the maturities in an amount not to exceed $30,000. 5. Repayment Term The Bonds will mature annually on February 1,beginning in • 2004 with the final maturity in 2012. Interest on the Bonds will be payable on August 1,2002,and semiannually thereafter on each February 1 and August 1. 7. Security The Bonds are special obligations of the HRA payable solely from revenues to be received from the City pursuant to the Amended Lease Agreement between the HRA and the City. The Bonds do not constitute a debt for which the faith and credit of the Authority or the City shall be pledged. 8. Prepayment Provisions Bonds maturing on February 1,2010 and thereafter will be callable on February 1,2009 at a price of par plus accrued interest. 9. Credit Rating We believe a credit rating will be cost effective and therefore recommend a rating application be made to Moody's Investors Service for this issue. • Page 3 •Preliminary and subject to change Related Considerations: • We understand the City/HRA (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501©3 corporations)does not anticipate issuing more than a total of$10,000,000 in tax- exempt debt during this calendar year: Therefore the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law. Because the proceeds from the refunding bonds will be deposited into an escrow with a permitted yield equal to that on the bonds being refunded arbitrage will not occur. This exemption from rebate does not eliminate the need to comply with other arbitrage regulations governing the investment of bond proceeds and debt service funds. In particular, the City/ HRA should become familiar with the requirements for maintaining a "bona fide" debt service fund. These requirements will be explained in the bond transcript following closing. • The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the cots of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semiannually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. This cost of services has been capitalized into the bond issue. • Because this issue is greater than $1,000,000, it is subject to the Securities and Exchange Commission's continuing disclosure requirements. Juran and Moody is prepared to assist the City/ HRA in this capacity if needed. • Page 4 *Preliminary and subject to change EXHIBIT A Page 5 *Preliminary and subject to change Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota LEASE REVENUE REFUNDING BONDS,SERIES 2002A TRANSACTION SUMMARY OLD NEW OLD NEW CUMM BOND BOND YEAR DEBT DEBT DECREASE ISSUES ISSUE (Feb 1) SERVICE* SERVICE (INCREASE) 1 Total Bonds Payable 7,815,000.00 2002 53,377.50 33,806.25 19,571.25 2 Total Interest To Maturity 3,151,210.00 2003 1,124,952.50 966,017.50 178,506.25 3 Interest To Call Dates (429,967.50) 2004 1,111,010.00 1,007,730.00 281,786.25 4 Interest After Call Dates (2,721,242.50) 2005 - 1,120,170.00 1,035,617.50 366,338.75 5 Bonds Not Callable 2006 1,130,792.50 1,060,042.50 437,088.75 6 Base Principal 7,815,000.00 8,050,000.00 2007 1,132,706.25 1,081,992.50 487,802.50 7 Interest ToMaturity 2,721,242.50 1,781,876.25 2008 1,136,331.25 1,099,180.00 524,953.75 8 TOTAL DEBT SERVICE 10,536,242.50 9,831,876.25 2009 1,145,997.50 1,112,180.00 558,771.25 9 Existing Debt Service 10,536,242.50 2010 1,161,410.00 1,147,205.00 572,976.25 10 Est.Existing Pay Agent Fees ** 2011 1,166,838.75 1,288,105.00 451,710.00 11 Gross Debt Service Reduction(9-8) 704,366.25 2012 252,656.25 704,366.25 12 Issuer Cash Applied (2,141.25) 13.NET,DEBT SERVICEREDUCTION!i.- 702;225:00'- 14 Present Value of Line 9 8,691,966.19 15 Present Value of Line 8 (8,062,712.22) 16 Issuer Cash Applied (2,141.25) 17 TRANSACTION PRESENT VALUE e. 627,112.72- . 18 As A%:Of Otd:D/S(Line.14) 7.21% 19 AVERAGE INTEREST RATE 6.2237% 3.9364% 20 Net Effective Rate XXXXXX 4.0988% TOTALS 10,536,242.50 9,831,876.25 704,366.25 21 AVERAGE LIFE(Yrs.) 6.4789 6.4665 *-Excluding D/S Due On&Prior To Call Dates **-Savings From Eliminated Fees Not Included ESCROW CASH FLOW Neg.Arb.= (84,513.33) 3.9208838% =MAX YIELD 2.6000000% =G1C YIELD A. B C D E F G H CALLABLE GIC DEBT ESCROW PV OF COL.B ADD FOR PV OF COL B PRINCIPAL FUNDS SERVICE BALANCE @ THE FEE OF @ THE PLUS PREM DATE "MATURED" PAYMENT 0.01 GIC YIELD 0.05% MAX YIELD IF ANY 8/1/02 1,885,508.75 1,885,508.75 0.01 1,863,984.85 931.99 1,853,248.68 1,735,000.00 2/1/03 6,196,702.50 6,196,702.50 0.01 6,047,348.92 3,023.67 5,973,571.76 6,080,000.00 TOTALS 8,082,211.25 8,082,211.25 {' 7,-.,Y. 7,911,333.77 3,955.66 7,826,820.44 7,815,000.00 THIS RUN assumes certain bonds as follows are called with Reserve Fund Cash: $270,000 to be called 8/1/02(See page 9) $920,000 to be called 2/1/03(See page 11) $1,190,000=Par To Be Called Escrow Funding Date= 2/21/02 Deposit To Escrow Fund= 7,911,333.77 Transaction Fee= 3,955.66 TOTAL 7,915,289.43 EPrO3b.xls-01 Page 1 1/22/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota LEASE REVENUE REFUNDING BONDS,SERIES 2002A 7.21% 7.74% 7.06% #DIV/0! $2,640,000 $9,760,000 31,415,000 1992A 1992B 1993A TOTAL BONDS BONDS BONDS APPLICATION OF FUNDS Cost of GIC's 7,915,289.43 1,760,045.72 6,155,243.71 Beginning Cash Escrow 0.01 0.01 Issue Discount 1.05% 84,525.00 18,795.00 65,730.00 Bond Counsel 10,500.00 2,334.78 8,165.22 Official Statement Printing 1,250.00 277.95 972.05 PA&(Initial Fee) 1,500.00 333.54 1,166.46 Escrow Agent(PP) 800.00 177.89 622.11 Escrow Verify(CPA) 2,500.00 555.90 1,944.10 Insurance Rating Agency 5,000.00 1,111.80 3,888.20 Financial Advisor 47,500.00 10,562.11 36,937.89 Less Accrued Interest (16,723.19) (3,756.25) (12,966.94) Less Issuer Cash (2,141.25) (438.44) (1,702.81) BOND ISSUE PAR 8,050,000.00 1,790,000.00 6,260,000.00 MATURITY SCHEDULE Comm Center City Hall City Hail YEAR RATE TOTAL ' "92A" "92B" 93A" 2002 2003 2.30% 2004 2.75% 665,000 115,000 550,000 2005 3.05% 725,000 150,000 575,000 2006 3.30% 775,000 175,000 600,000 2007 3.40% 825,000 175,000 650,000 2008 3.75% 875,000 200,000 675,000 2009 4.00% 925,000 200,000 725,000 2010 4.10% 975,000 225,000 750,000 2011 4.20% 1,050,000 225,000 825,000 2012 4.30% 1,235,000 325,000 910,000 TOTALS 8,050,000 1,790,000 6,260,000 DATED DATE 2/1/02 EST.CLOSE DATE 2/21/02 1st INTEREST DATE 8/1/02 CALL DATE CALL PRICE BOND COUNSEL Dorsey PAY AGENT/REG/ESC.AGENT US Bank EPr03b.x!s-01 Page 2 1/22102 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota • LEASE REVENUE REFUNDING BONDS,SERIES 2002A SUMMARY OF THE REFUNDING BONDS . GROSS NE N BONDS SUMMARY NEW D/S NET GROSS SEMI INTEREST NET D/S PRES VALUE @ DEBT . ANNUAL PAID FROM PAID BY 3.920884% SERVICE DATE PRINCIPA RATE INTEREST DEBT SERVICE ESCROW ISSUER 2/21/02 PRES VALUE 8/1/02 150,508.75 150,508.75 150,508.75 147,933.62 2/1/03 2.30% 150,508.75 150,508.75 116,702.50 33,806.25 145,089.23 33,156.24 8/1/03 150,508.75 150,508.75 150,508.75 142,299.53 146,977.34 2/1/04 665,000 2.75% 150,508.75 815,508.75 815,508.75 756,203.43 781,697.70 8/1/04 141,365.00 141,365.00 141,365.00 128,564.25 132,781.96 2/1/05 725,000 3.05% 141,365.00 866,365.00 866,365.00 772,765.10 798,388.26 8/1/05 130,308.75 130,308.75 130,308.75 113,995.70 117,731.41 2/1/06 775,000 3.30% 130,308.75 905,308.75 905,308.75 776,747.57 802,254.26 8/1/06 117,521.25 117,521.25 117,521.25 98,893.53 102,133.49 2/1/07 825,000 3.40% 117,521.25 942,521.25 942,521.25 777,876.98 803,606.96 8/1/07 103,496.25 103,496.25 103,496.25 83,774.66 86,515.20 2/1/08 875,000 3.75% 103,496.25 978,496.25 978,496.25 776,811.26 802,279.36 8/1/08 87,090.00 87,090.00 87,090.00 67,809.87 70,027.13 2/1/09 925,000 4.00% 87,090.00 1,012,090.00 1,012,090.00 772,879.99 798,393.49 8/1/09 68,590.00 68,590.00 68,590.00 51,371.47 53,046.48 2/1/10 975,000 4.10% 68,590.00 1,043,590.00 1,043,590.00 766,583.42 791,681.85 8/1/10 48,602.50 48,602.50 48,602.50 35,015.18 36,154.80 2/1/11 1,050,000 4.20% 48,602.50 1,098,602.50 1,098,602.50 776,259.05 801,918.57 8/1/11 26,552.50 26,552.50 26,552.50 18,400.93 18,991.67 2/1/12 1,235,000 4.30% 26,552.50 1,261,552.50 1,261,552.50 857,448.42 884,976.05 8/1/12 2/1/13 • TOTALS 8,050,000 2,049,087.50 10,099,087.50 267,211.25 9,831,876.25 8,066,723.19 8,062,712.22 PRESENT VALUE OF THE PAYMENT DECREASE 627,112.72 AVERAGE COUPON RATE 3.9364% AVERAGE LIFE(Yrs) 6.4665 ACCRUED INTEREST 16,723.19 • EPr03bxis-01 Page 3 1/22/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota LEASE REVENUE REFUNDING BONDS,SERIES 2002A THE PORTION TO REFUND THE LEASE REV BDS,SERIES 1992A(COM CNTR) CUMM NEW BONDS 1 NEW OLD v.NEW NET D/S GROSS SEMI INTEREST NET D!S PAYMENT PRES VALUE @ ANNUAL PAID FROM PAID BY DECREASE 3.920884% DATE PRINCIPA RATE INTEREST DEBT SERVICE ESCROW ISSUER (INCREASE) 8/1/02 8/1/02 33,806.25 33,806.25 33,806.25 2/1/03 2.30% 33,806.25 33,806.25 33,806.25 19,571.25 33,156.24 8/1/03 33,806.25 33,806.25 33,806.25 154,142.50 32,518.73 2/1/04 115,000 2.75% 33,806.25 148,806.25 148,806.25 55,321.25 140,386.73 8/1/04 32,225.00 32,225.00 32,225.00 198,081.25 29,817.15 2/1/05 150,000 3.05% 32,225.00 182,225.00 182,225.00 62,091.25 165,367.22 8/1/05 29,937.50 29,937.50 29,937.50 213,388.75 26,645.59 2/1/06 175,000 3.30% 29,937.50 204,937.50 204,937.50 50,568.75 178,895.52 8/1/06 27,050.00 27,050.00 27,050.00 215,636.25 23,158.67 2/1/07 175,000 3.40% 27,050.00 202,050.00 202,050.00 51,128.75 169,657.66 8/1/07 24,075.00 24,075.00 24,075.00 229,596.25 19,826.64 2/1/08 200,000 3.75% 24,075.00 224,075.00 224,075.00 37,990.00 180,985.84 8/1/08 20,325.00 20,325.00 20,325.00 225,133.75 16,100.90 2/1/09 200,000 4.00% 20,325.00 220,325.00 220,325.00 31,896.25 171,179.42 8/1/09 16,325.00 16,325.00 16,325.00 232,658.75 12,439.68 2/1/10 225,000 4.10% 16,325.00 241,325.00 241,325.00 12,531.25 180,354.37 8/1/10 11,712.50 11,712.50 11,712.50 232,016.25 8,585.04 2/1/11 225,000 4.20% 11,712.50 236,712.50 236,712.50 9,991.25 170,169.66 8/1/11 6,987.50 6,987.50 6,987.50 242,691.25 4,926.64 2/1/12 325,000 4.30% 6,987.50 331,987.50 331,987.50 (81,640.00) 229,572.18 8/1/12 • TOTALS 1,790,000 472,500.00 2,262,500.00 33,806.25 2,228,693.75 171,016.25 1,793,743.88 PRESENT VALUE OF THE PAYMENT DECREASE 150,586.11 7.74% AVERAGE COUPON RATE 3.9606% AVERAGE LIFE(Yrs) 6.6648 ACCRUED INTEREST 3,756.25 EPr03bxls-01 Page 4 1/22/02 Housing and Redevelopment Authority In and For the Housing and Redevelopment Authority In and For the LEASE REVENUE REFUNDING BONDS,SERIES 2002A THE PORTION TO REFUND THE LEASE REV BDS,SERIES 1992B(CITY HALL) CUMM NEW BONDS 2 NEW OLD v.NEW NET D/S GROSS SEMI INTEREST NET D/S PAYMENT PRES VALUE @ ANNUAL PAID FROM PAID BY DECREASE 3.920884% DATE PRINCIPA RATE INTEREST DEBT SERVICE ESCROW ISSUER (INCREASE) 2/1/03 8/1/02 116,702.50 116,702.50 116,702.50 2/1/03 116,702.50 116,702.50 116,702.50 8/1/03 116,702.50 116,702.50 116,702.50 71,592.50 114,458.61 2/1/04 550,000 2.75% 116,702.50 666,702.50 666,702.50 123,185.00 641,310.97 8/1/04 109,140.00 109,140.00 109,140.00 186,440.00 102,964.81 2/1/05 575,000 3.05% 109,140.00 684,140.00 684,140.00 219,695.00 633,021.04 • 8/1/05 100,371.25 100,371.25 100,371.25 275,232.50 91,085.82 2/1/06 600,000 3.30% 100,371.25 700,371.25 700,371.25 315,770.00 623,358.74 8/1/06 90,471.25 90,471.25 90,471.25 363,365.00 78,974.82 2/1/07 650,000 3.40% 90,471.25 740,471.25 740,471.25 385,960.00 633,949.30 8/1/07 79,421.25 79,421.25 79,421.25 425,386.25 66,688.56 2/1/08 675,000 3.75% 79,421.25 754,421.25 754,421.25 449,812.50 621,293.52 8/1/08 66,765.00 66,765.00 66,765.00 481,435.00 53,926.23 2/1/09 725,000 4.00% 66,765.00 791,765.00 791,765.00 493,057.50 627,214.07 8/1/09 52,265.00 52,265.00 52,265.00 517,148.75 40,606.80 2/1/10 750,000 4.10% 52,265.00 802,265.00 802,265.00 546,240.00 611,327.48 8/1/10 36,890.00 36,890.00 36,890.00 562,112.50 27,569.76 2/1/11 825,000 4.20% 36,890.00 861,890.00 861,890.00 562,985.00 631,748.91 8/1/11 19,565.00 19,565.00 19,565.00 570,667.50 14,065.03 2/1/12 910,000 4.30% 19,565.00 929,565.00 929,565.00 533,350.00 655,403.87 • • TOTALS 6,260,000 1,576,587.50 7,836,587.50 233,405.00 7,603,182.50 7,083,435.00 6,268,968.34 PRESENT VALUE OF THE PAYMENT DECREASE 476,526.61 7.06% AVERAGE COUPON RATE 3.9292% AVERAGE LIFE(Yrs) 6.4097 ACCRUED INTEREST 12,966.94 EPr03b.xis-01 Page 5 1/22/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota SUMMARY OF ALL ISSUES BEING REFINANCED OLD BONDS SUMMARY SEMI PRES VALUE @ OLD DIS ANNUAL CALLABLE 3.920884% THRU CALL DATE PRINCIPAL INTEREST PAYMENT PRINCIPAL 8/1/02 DATE 8/1/02 241,672.50 241,672.50 241,672.50 2/1/03 241,672.50 241,672.50 52,351.19 188,295.00 8/1/03 115,000 241,672.50 356,672.50 115,000 346,639.36 2/1/04 530,000 238,280.00 768,280.00 530,000 738,095.38 8/1/04 125,000 222,380.00 347,380.00 125,000 324,550.93 2/1/05 545,000 218,630.00 763,630.00 545,000 705,748.99 8/1/05 135,000 202,143.75 337,143.75 135,000 302,791.98 2/1/06 585,000 198,026.25 783,026.25 585,000 696,204.27 8/1/06 150,000 180,183.75 330,183.75 150,000 285,001.85 2/1/07 625,000 175,608.75 800,608.75 625,000 684,817.61 8/1/07 165,000 156,390.00 321,390.00 165,000 266,595.21 2/1/08 660,000 151,316.25 811,316.25 660,000 667,634.51 8/1/08 175,000 130,856.25 305,856.25 175,000 243,818.73 2/1/09 705,000 125,475.00 830,475.00 705,000 657,466.47 8/1/09 190,000 103,443.75 293,443.75 190,000 224,745.37 2/1/10 755,000 97,553.75 852,553.75 755,000 649,337.03 8/1/10 210,000 73,960.00 283,960.00 210,000 208,895.43 2/1/11 810,000 67,450.00 877,450.00 810,000 642,947.09 8/1/11 225,000 41,935.00 266,935.00 225,000 188,583.19 2/1/12 865,000 34,903.75 899,903.75 865,000 634,386.96 8/1/12 245,000 7,656.25 252,656.25 245,000 171,354.64 2/1/13 • • TOTALS 7,815,000 3,151,210.00 10,966,210.00 7,815,000 8,691,966.19 429,967.50 AVERAGE COUPON RATE' 6.2237% AVERAGE LIFE(Yrs)* 6.4789 '-Computed From The Dated Date Of The Refunding Issue On The Callable Bonds. EPr03b.xts-01 Page 6 1/22102 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota $2,640,000 LEASE REV BDS,SERIES 1992A(COM CNTR) OLD BONDS 1 SEMI CALLABLE PRES VALUE @ OLD D/S REFUNDED ANNUAL PRINCIPAL 3.920884% THRU CALL BONDS DATE PRINCIPA RATE INTEREST PAYMENT 8/1/02 8/1/02 DATE INTEREST 8/1/02 53,377.50 53,377.50 53,377.50 53,377.50 2/1/03 53,377.50 53,377.50 52,351.19 53,377.50 8/1/03 115,000 5.90% 53,377.50 168,377.50 115,000 161,964.80 53,377.50 2/1/04 49,985.00 49,985.00 47,156.83 49,985.00 8/1/04 125,000 6.00% 49,985.00 174,985.00 125,000 161,910.12 49,985.00 2/1/05 46,235.00 46,235.00 41,957.76 46,235.00 8/1/05 135,000 6.10% 46,235.00 181,235.00 135,000 161,306.48 46,235.00 2/1/06 42,117.50 42,117.50 36,765.51 42,117.50 8/1/06 150,000 6.10% 42,117.50 192,117.50 150,000 164,480.06 42,117.50 2/1/07 37,542.50 37,542.50 31,523.75 37,542.50 8/1/07 165,000 6.15% 37,542.50 202,542.50 165,000 166,801.16 37,542.50 2/1/08 32,468.75 32,468.75 26,225.08 32,468.75 8/1/08 175,000 6.15% 32,468.75 207,468.75 175,000 164,350.94 32,468.75 2/1/09 27,087.50 27,087.50 21,045.38 27,087.50 8/1/09 190,000 6.20% 27,087.50 217,087.50 190,000 165,421.10 27,087.50 2/1/10 21,197.50 21,197.50 15,841.96 21,197.50 8/1/10 210,000 6.20% 21,197.50 231,197.50 210,000 169,463.35 21,197.50 2/1/11 14,687.50 14,687.50 10,558.66 14,687.50 8/1/11 225,000 6.25% 14,687.50 239,687.50 225,000 168,995.30 14,687.50 2/1/12 7,656.25 7,656.25 5,294.36 7,656.25 8/1/12 245,000 6.25% 7,656.25 252,656.25 245,000 171,354.64 7,656.25 • TOTALS 1,735,000 718,087.50 2,453,087.50 1,735,000 1,944,768.43' 53,377.50 718,087.50 Call Price 100.00 CALL COST(WI Prem if Any) 1,735,000.00 . AVERAGE COUPON RATE• • 6.1917% AVERAGE LIFE(Yrs)* 6.6844 *-Computed From The Dated Date Of The Refunding Issue On The Callable Bonds. EPr03b.xls-01 Page 7 1/22/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota $9,760,000 LEASE REV BDS,SERIES 1992B(CITY HALL) OLD BONDS 2 SEMI CALLABLE PRES VALUE @ OLD DIS REFUNDED ANNUAL PRINCIPAL 3.920884% THRU CALL BONDS DATE PRINCIPA RATE INTEREST PAYMENT 2/1/03 2/1/03 DATE INTEREST 8/1/02 188,295.00 188,295.00 188,295.00 188,295.00 2/1/03 188,295.00 188,295.00 188,295.00 188,295.00 8/1/03 188,295.00 188,295.00 184,674.56 188,295.00 2/1/04 530,000 6.00% 188,295.00 718,295.00 530,000 690,938.55 188,295.00 8/1/04 172,395.00 172,395.00 162,640.81 172,395.00 2/1/05 545,000 6.05% 172,395.00 717,395.00 545,000 663,791.23 172,395.00 8/1/05 155,908.75 155,908.75 141,485.50 155,908.75 2/1/06 585,000 6.10% 155,908.75 740,908.75 585,000 659,438.76 155,908.75 8/1/06 138,066.25 138,066.25 120,521.79 138,066.25 2/1/07 625,000 6.15% 138,066.25 763,066.25 625,000 653.293.86 138,066.25 8/1/07 118,847.50 118,847.50 99,794.05 118,847.50 2/1/08 660,000 6.20% 118,847.50 778,847.50 660,000 641,409.43 118,847.50 8/1/08 98,387.50 98,387.50 79,467.79 98,387.50 2/1/09 705,000 6.25% 98,387.50 803,387.50 705,000 636,421.09 98,387.50 8/1/09 . 76,356.25 76,356.25 59,324.27 76,356.25 2/1/10 755,000 6.25% 76,356.25 831,356.25 755,000 633,495.07 76,356.25 8/1/10 52,762.50 52,762.50 39,432.08 52,762.50 2/1/11 810,000 6.30% 52,762.50 862,762.50 810,000 632,388.43 52,762.50 8/1/11 27,247.50 27,247.50 19,587.89 27,247.50 2/1/12 865,000 6.30% 27,247.50 892,247.50 865,000 629,092.60 27,247.50 • TOTALS 6,080,000 2,433,122.50 8,513,122.50 6,080,000 6,747,197.76 376,590.00 2,433,122.50 Call Price 100.00 CALL COST(WI Prem If Any) 6,080,000.00 AVERAGE COUPON RATE* 6.2332% AVERAGE LIFE(Yrs)* 6.4202 *-Computed From The Dated Date Of The Refunding Issue On The Callable Bonds. EPr03bxls-01 Page 8 1/22/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota $2,640,000 Lease Rev Bonds,Series 1992A(Community Center) City of Eden Prairie, Minnesota BONDS TO BE CALLED 8/1/02 W/ CASH VALUATION DATE> 2/21/02 CALL DATE> 8/1/02 PRESENT CALL PRICE> 100.00 VALUE @ S EMI 3.920884% INTEREST ANNUAL AS OF DATE PRINCIPAL RATE INTEREST PAYMENT 2/21/02 8/1/02 2/1/03 8,437.50 8,437.50 8,133.68 - 8/1/03 8,437.50 8,437.50 7,977.29 2/1/04 8,437.50 8,437.50 7,823.91 8/1/04 8,437.50 8,437.50 7,673.48 2/1/05 8,437.50 8,437.50 7,525.93 8/1/05 8,437.50 8,437.50 7,381.23 2/1/06 8,437.50 8,437.50 7,239.31 8/1/06 8,437.50 8,437.50 7,100.11 2/1/07 8,437.50 8,437.50 6,963.60 8/1/07 8,437.50 8,437.50 6,829.70 2/1/08 8,437.50 8,437.50 6,698.39 8i1108 _ 8,437.50 8,437.50 6,569.59 2/1/09 8,437.50 8,437.50 6,443.28 8/1/09 8,437.50 8,437.50 6,319.39 2/1/10 8,437.50 8,437.50 6,197.88 8/1/10 • 8,437.50 8,437.50 6,078.71 2/1/11 8,437.50 8,437.50 5,961.83 8/1/11 8,437.50 8,437.50 5,847.20 2/1/12 8,437.50 8,437.50 5,734.78 8/1/12 8,437.50 8,437.50 5,624.51 2/1/13 8,437.50 8,437.50 5,516.37 8/1/13 270,000 6.25% 8,437.50 278,437.50 178,539.90 TOTALS 270,000 185,625.00 455,625.00 320,180.07 EPr03b.xls-03 Page 9 1/22/02 CITY OF EDEN PRAIRIE, MINNESOTA $9,760,000 Lease Rev Bonds,Series 1992B(City Hall) BONDS TO BE CALLED 2/1/03 W/ CASH VALUATION DATE> 2/21/02 CALL DATE> 2/1/03 PRESENT CALL PRICE> 100.00 VALUE @ SEMI 3.920884% INTEREST ANNUAL AS OF DATE PRINCIPAL RATE INTEREST PAYMENT 2/21/02 2/1/03 8/1/03 28,980.00 28,980.00 27,399.34 2/1/04 28,980.00 28,980.00 26,872.52 8/1/04 28,980.00 28,980.00 26,355.83 2/1/05 28,980.00 28,980.00 25,849.07 8/1/05 28,980.00 28,980.00 25,352.06 2/1/06 28,980.00 28,980.00 24,864.61 2/1/06 28,980.00 28,980.00 24,864.61 8/1/06 28,980.00 28,980.00 24,386.52 2/1/07 28,980.00 28,980.00 23,917.63 8/1/07 28,980.00 28,980.00 23,457.75 2/1/08 28,980.00 28,980.00 23,006.72 8/1/08 28,980.00 28,980.00 22,564.36 2/1/09 28,980.00 28,980.00 22,130.50 8/1/09 28,980.00 28,980.00 21,704.99 2/1/10 28,980.00 28,980.00 21,287.66 8/1/10 28,980.00 28,980.00 20,878.35 2/1/11 28,980.00 28,980.00 20,476.91 8/1/11 28,980.00 28,980.00 .20,083.19 2/1/12 28,980.00 28,980.00 19,697.04 8/1/12 28,980.00 28,980.00 19,318.32 2/1/13 920,000 6.30% 28,980.00 948,980.00 620,435.04 TOTALS 920,000 608,580.00 1,528,580.00 1,084,903.02 EPr03b.xls-03 Page 10 1/28/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota LEASE REVENUE REFUNDING BONDS,SERIES 2002A THE COMMUNITY CENTER PORTION BEFORE AND AFTER REFUNDING COMPARISON • (NOTE 1) (NOTE 2) PRESENT OLD NEW HRA HRA VALUE "FY" DEBT DEBT CASH USED CASH USED REDUCTION NET SERVICE ALLOCATED GROSS TO CALL ON NET AT DEBT $2,640,000 PART OF DEBT BONDS ON REFINANCIN DEBT 3.9208838% SERVICE 1992A 2002 SERVICE DATE CLOSING SERVICE AS OF REDUCTION DATE BONDS BONDS REDUCTION SHOWN DATE REDUCTION 2/21/02 (INCREASE) 2/21/02 (438.44) (438.44) (438.44) - 8/1/02 (270,000.00) (270,000.00) (265,380.44) 2/1/03 61,815.00 33,806.25 28,008.75 28,008.75 27,000.21 (242,429.69) 8/1/03 176,815.00 33,806.25 143,008.75 143,008.75 135,208.61 2/1/04 58,422.50 148,806.25 (90,383.75) (90,383.75) (83,810.88) 52,625.00 8/1/04 183,422.50 '32,225.00 151,197.50 151,197.50 137,506.40 2/1/05 54,672.50 182,225.00 (127,552.50) (127,552.50) (113,772.05) 23,645.00 8/1/05 189,672.50 29,937.50 159,735.00 159,735.00 139,738.15 2/1/06 50,555.00 204,937.50 (154,382.50) (154,382.50) (132,458.93) 5,352.50 8/1/06 200,555.00 27,050.00 173,505.00 173,505.00 146,003.57 2/1/07 45,980.00 202,050.00 (156,070.00) (156,070.00) (128,806.92) 17,435.00 8/1/07 210,980.00 24,075.00 186,905.00 186,905.00 151,289.57 2/1/08 40,906.25 224,075.00 (183,168.75) (183,168.75) (145,414.51) 3,736.25 8/1/08 215,906.25 20,325.00 195,581:25 195,581.25 152,283.15 2/1/09 35,525.00 220,325.00 (184,800.00) (184,800.00) (141,122.06) 10,781.25 8/1/09 225,525.00 16,325.00 209,200.00 209,200.00 156,683.37 2/1/10 29,635.00 241,325.00 (211,690.00) (211,690.00) (155,499.81) (2,490.00) 8/1/10 239,635.00 11,712.50 227,922.50 227,922.50 164,204.48 2/1/11 23,125.00 236,712.50 (213,587.50) (213,587.50) (150,918.31) 14,335.00 8/1/11 248,125.00 6,987.50 241,137.50 241,137.50 167,108.73 2/1/12 16,093.75 331,987.50 (315,893.75) (315,893.75) (214,705.77) (74,756.25) 8/1/12 261,093.75 0.00 261,093.75 261,093.75 174,047.36 2/1/13 8,437.50 0.00 8,437.50 8,437.50 5,516.37 269,531.25 8/1/13 278,437.50 278,437.50 278,437.50 178,539.90 278,437.50 Totals 2,855,335.00 2,228,693.75 626,641.25 (270,000.00) (438.44) 356,202.81 202,801.75 356,202.81 PV of Old Debt Service As Of Closing Date= 2,172,085.33 Present Value Savings Percent Reduction= 9.34% Note 1 - Excluding payments by the City on or before the call date Note 2- Excluding D/S on the new bonds through the call date'of the old bonds that is paid by the new bond escrow account. • EPr03bxis-03 Page 11 1/22/02 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota LEASE REVENUE REFUNDING BONDS,SERIES 2002A THE CITY HALL PORTION BEFORE AND AFTER REFUNDING COMPARISON (NOTE 1) (NOTE 2) PRESENT OLD NEW HRA HRA VALUE "FY" DEBT DEBT CASH USED CASH USED REDUCTION NET SERVICE ALLOCATED GROSS TO CALL ON NET AT DEBT $9,760,000 PART OF DEBT BONDS ON REFINANCIN DEBT 3.9208838% SERVICE 1992E 2002 SERVICE DATE CLOSING SERVICE AS OF REDUCTION DATE BONDS BONDS REDUCTION SHOWN DATE REDUCTION 2/21/02 (INCREASE) 2/21/02 (1,702.81) (1,702.81) (1,702.81) 8/1/02 0.00 0.00 2/1/03 (920,000.00) (920,000.00) (886,872.66) (921,702.81) 8/1/03 217,275.00 116,702.50 100,572.50 100,572.50 95,086.96 2/1/04 747,275.00 666,702.50 80,572.50 80,572.50 74,713.12 181,145.00 8/1/04 201,375.00 109,140.00 92,235.00 92,235.00 83,883.02 2/1/05 746,375.00 684,140.00 62,235.00 62,235.00 55,511.29 154,470.00 8/1/05 184,888.75 100,371.25 84,517.50 84,517.50 73,936.95 2/1/06 769,888.75 700,371.25 69,517.50 69,517.50 59,645.45 154,035.00 8/1/06 167,046.25 90,471.25 76,575.00 76,575.00 64,437.47 2/1/07 792,046.25 740,471.25 51,575.00 51,575.00 42,565.62 128,150.00 8/1/07 147,827.50 79,421.25 68,406.25 68,406.25 55,371.19 2/1/08 807,827.50 754,421.25 53,406.25 53,406.25 42,398.30 121,812.50 8/1/08 127,367.50 66,765.00 60,602.50 60,602.50 47,186.22 2/1/09 832,367.50 791,765.00 40,602.50 40,602.50 31,006.00 101,205.00 8/1/09 105,336.25 52,265.00 - 53,071.25 53,071.25 39,748.48 2/1/10 860,336.25 802,265.00 58,071.25 58,071.25 42,657.04 111,142.50 8/1/10 81,742.50 36,890.00 44,852.50 44,852.50 32,313.53 2/1/11 891,742.50 861,890.00 29,852.50 29,852.50 21,093.41 74,705.00 8/1/11 56,227.50 19,565.00 36,662.50 36,662.50 25,407.18 2/1/12 921,227.50 929,565.00 (8,337.50) (8,337.50) (5,666.81) 28,325.00 8/1/12 28,980.00 28,980.00 28,980.00 19,318.32 2/1/13 948,980.00 948,980.00 948,980.00 620,435.04 977,960.00 Totals 9,636,132.50 7,603,182.50 2,032,950.00 (920,000.00) (1,702.81) 1,111,247.19 632,472.31 1,111,247.19 PV of Old Debt Service As Of Closing Date= 7,564,283.23 Present Value Savings Percent Reduction= 8.36% Note 1- Excluding payments by the City on or before the call date Note 2- Excluding D/S on the new bonds through the call date of the old bonds that is paid by the new bond escrow account. EPr03b.xls-04 Page 12 1/22/02 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 8,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, Parks and Natural Resources Manager Stuart Fox, City Attorney Ric Rosow, and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPOINTMENT OF MAYOR TO FILL UNEXPIRED TERM THROUGH DECEMBER 31,2002 Acting Mayor Tyra-Lukens said the Council finds itself in the unusual position of needing to replace the Mayor because the death of Jean Harris on December 14, 2001 resulted in an unexpired Mayoral term through December 31, 2002. City Attorney Rosow said the statute requires that the Council fill a vacancy in any office. Because there is less than two years remaining in the term, the Council has the option to fill the entire remaining term by appointment or to call for a special election to fill the remaining term. If a special election is held, the Council must appoint a mayor for the interim period. Rosow said if the Council chooses to appoint a member of the Council to the Mayor's position, that person cannot vote for the Mayor's position. It would take two of the three votes remaining to approve the appointment. In response to Tyra-Lukens' question whether Councilmembers preferred to appoint or hold a special election,Butcher said she didn't think it made a lot of sense to have a special election since there is less than a year remaining on the term. Butcher nominated Nancy Tyra-Lukens as Mayor to fill the unexpired term. Mosman seconded the nomination. Butcher noted that Tyra-Lukens has done a tremendous job as Acting Mayor. Case said he very much supports the nomination. MOTION: Butcher moved, seconded by Mosman, to appoint Nancy Tyra-Lukens as Mayor to fill the unexpired term. Motion carried 3-0,with Tyra-Lukens abstaining. Rosow administered the Oath of Office to Mayor Tyra-Lykens. CITY COUNCIL MINUTES January 8,2002 Page 2 Tyra-Lukens said she appreciated the Councilmembers' support and was very eager to get working. She noted that Mayor Harris left a very strong foundation on which to build. She said it is always a pleasure to work with the great Council and staff as well as the members of the Eden Prairie community. IV. COUNCIL FORUM INVITATION Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30 to 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager's office (at 952-949- 8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m.,is set aside for impromptu,unscheduled appearances by individuals or organizations who wish to speak to the Council. Tyra Lukens noted that next Tuesday, January 15, at 5:00 PM there will be an open house for members of the community interested in serving on Boards and Commissions. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under Item XIV A. MOTION: Mosman moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. CITY COUNCIL MEETING HELD THURSDAY,DECEMBER 20,2001 MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Thursday, December 20, 2001, as published. Motion carried 4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 2002-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. ADOPT RESOLUTION 2002-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION 2002-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS CITY COUNCIL MINUTES January 8,2002 Page 3 E. ADOPT RESOLUTION 2002-04 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE PRAIRTE FUNDS F. ADOPT RESOLUTION 2002-05 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION 2002-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION 2002-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY I. ADOPT RESOLUTION 2002-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2002 J. ADOPT RESOLUTION 2002-09 DESIGNATING THE OFFICIAL CITY NEWSPAPER MOTION: Mosman moved, seconded by Butcher, to approve Items A-J on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. APPOINTMENT OF COUNCILMEMBER Rosow said the Council can choose to fill the remainder of Tyra-Lukens' term by appointment or can choose to hold a special election. If there were more than two years remaining in the term it would have to be filled by a special election, but because there is less than a year remaining, the Council can fill by appointment. If the Council cannot decide and there is a tie vote, the Mayor appoints the person to the Council position. Rosow said in previous situations the Council followed a procedure that stated how a tie vote would be handled. He distributed a copy of a resolution describing the procedure used in a previous situation. He explained the process by which the Mayor and Councilmembers would nominate persons for the office. Voting would be limited to five rounds of voting after which, if no nominee received a majority,it would be determined a tie vote and the Mayor would then appoint whom she chose. 3 CITY COUNCIL MINUTES January 8,2002 Page 4 He said changes can be made to the process, but he recommended a process be established to deal with a tie vote. Butcher said in the situation where Ross Thorfinsson was appointed, there was another process used by the Council. Rosow replied that he didn't recall if Roger Pauly asked the Council to adopt a process to fill the vacant seat in that situation. Butcher asked if Rosow was recommending that we choose a process first. Rosow replied that the Council should discuss whether to fill the position for the whole term or only until there is a special election. He said the Council can postpone this until next week to review the procedure. Mosman thought it would be cumbersome to set a special election because of the amount of time left on the term, so it would seem more efficient to fill the position for the remaining time. Case noted that the required 49 days out from adopting a resolution to hold an election would result in a period of six to eight months for the person to serve. He would prefer to appoint now and get the business of government running. Butcher said she agreed with Councilmember Case and noted she had a conversation with individuals at the League of Minnesota Cities about what other cities do in this situation. She told the individuals about the appointment of Thorfmsson in 1994. Their legal counsel said there is no set way to handle this,but it is not unusual to select the next highest vote-getter from the last election. She thought that is the most democratic process the Council can take and lets the voters have a say in who serves without the cost of a special election. She said there was an election only one year ago in which the third choice of the voters was Randy Foote. She thought we should honor this democratic process and appoint Mr. Foote since there is precedent for this approach. Tyra-Lukens said she would also like to avoid the election process, particularly since the timing would put it out to the time when we are getting a new City Manager. Tyra-Lukens asked by what process we want to appoint. Case responded he believes we need a process, but he had never seen this resolution before tonight. It appears to deal with the tie vote issue and sets forth a structure. He liked the idea of generating a list of nominees, but he was not sure how it would be generated. In 1990 when Marty Jessen was appointed, a rather lengthy list of nominees was generated. He thought it adds a structure to what we would do,and we could talk through a timetable to get this moving. MOTION: Case moved, seconded by Mosman, to adopt Resolution 2002-10 setting forth a proces's for filling the vacant Councilmember position. y CITY COUNCIL MINUTES January 8,2002 Page 5 Butcher said she was uncomfortable with that and thought it flies in the face of the democratic process. She asked why there would be a need for a process since we have already heard from the citizens of Eden Prairie. Mosman said there have been two different precedents over the past decade. Tyra-Lukens noted the process in the resolution would not preclude the third choice of the voters from being considered for the position, however it would lengthen the appointment process. Butcher thought a lot of voices in the community cast those votes in the last election and that is the process by which our government operates. Case said he was comfortable with the process in the resolution and called the question. VOTE ON THE MOTION: Motion carried 3-1,with Butcher opposed. Tyra-Lukens said we need to actively solicit nominations and we will follow the process once we see who is willing to serve. Case thought there will be a response from this meeting tonight. Interested parties should contact the Councilmembers, or City Staff who will make the names available to us. That will allow us to come back and discuss the names in a public forum.He thought we need to discuss a timeline. • Tyra-Lukens said the next meeting is probably not sufficient time. Case said we have a special meeting scheduled on January 28. He asked if that could be about other issues and whether we have to publish what that meeting is about. Rosow responded the appointment could be listed as the second item on the agenda of the special meeting. Butcher asked what criteria would we use to eliminate people if this is a process that people can call-us about. She said she is very uncomfortable with this and thinks this is self-appointment to a government position. She felt it means that she figures out by her criteria the nominees she would bring forward, and she was uncomfortable with that. Tyra-Lukens said this is not different from the Boards and Commissions process. Butcher thought Board and Commission members do not have the same level of responsibility in those positions. Case thought it is no different than appointing the Mayor as we just did, and he would trust this body to bring forth a qualified candidate from the people of Eden CITY COUNCIL MINUTES January 8,2002 Page 6 Prairie. He thought we should look for someone with a short-learning curve, with some name recognition, with some prior service to the City, and one who knows Eden Prairie and the current issues.He thought we could come back on the 28th and still seat the person at the first meeting in February,which gives them nine months of service before the election. Mosman thought experience would be important and elected experience if that is possible. It should be someone who could work with the four of us as a team member, who has a positive approach to government and who is supportive of those they work with. Butcher also thought experience would be necessary. Tyra-Lukens thought a short learning curve would be required along with experience with Boards or Commissions, a respectful attitude and someone who has the time to serve. Tyra-Lukens asked if we should set a date to contact us. Mosman thought we should get the names in before the next meeting. Rosow said the process set forth covers his concerns about a tie vote, and the only decision would be whether to hold the process at a regular meeting or as a special meeting. Mosman asked if it was possible for the special meeting to have just those two items. Rosow said the Mayor could call a special meeting and that would be noticed to the public. IX. PAYMENT OF CLAIMS This item was inadvertently passed over and was addressed after item XII.A. was discussed. MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman and Tyra- Lukens voting"aye." XIII. APPOINTMENTS (continued) B. ADOPT RESOLUTION 2002-11 DESIGNATING THE OFFICIAL MEETING DATES,TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2002 AND APPOINTING ACTING MAYOR City Manager Jullie said this resolution requires approval on an annual basis. The regular City Council meetings are held on the first and third Tuesday of each month. A couple of situations will arise this year that will require some adjustment. The first Tuesday in November is election day, and the meeting would have to start at 8:00 PM rather than 7:00 PM. The first Tuesday in March is precinct caucuses, (4 CITY COUNCIL MINUTES January 8,2002 Page 7 - and there can be no public meetings held after 6:00 PM. The first meeting in March might be rescheduled to Thursday,March 7. Tyra-Lukens said the first week of April is Eden Prairie Schools' spring break, which causes a conflict for several Councilmembers. We could reschedule that meeting to the following Tuesday. Also, there had been some discussion as to whether we should meet on election night. Case said he would prefer we met on the second Tuesday of November rather than meeting at a later time on the first Tuesday. Tyra-Lukens suggested the schedule be changed to include regular meetings on Thursday, March 7, the second Tuesday in April and the second Tuesday in November, and to add Monday, January 28 as a special Meeting for the discussion of the airport and the appointment of a City Councilmember. Tyra-Lukens suggested that Councilmember Case be appointed as Acting Mayor in view of his seniority on the Council. The other Councilmembers concurred. MOTION: Mosman moved, seconded by Case to adopt Resolution 2002-11 designating the official meeting dates,time and place for the City of Eden Prairie Council in 2002 and appointing Ron Case the Acting Mayor. Motion carried 4-0. Regarding the remainder of the appointments, Tyra-Lukens noted the Mayor is automatically appointed to some of the positions. For the other positions, she suggested Councilmembers continue their current appointments until we have an opportunity to discuss work schedules when the new Councilmember is on board. C. ADOPT RESOLUTION 2002-12 APPOINTING THE DIRECTOR AND THE • ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2002 MOTION: Mosman moved, seconded by Butcher, to adopt Resolution 2002-12 designating Ron Case the Director and Nancy Tyra-Lukens the Alternate Director to the Suburban Rate Authority for 2002. Motion carried 4-0. D. APPOINTMENT OF MAYOR AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES-TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES MOTION: Case moved, seconded by Mosman to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 4-0. E. APPOINTMENT OF MAYOR AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Mosman,to approve appointment of the CITY COUNCIL MINUTES January 8,2002 Page 8 Mayor as Delegate and Councilmembers as Alternates to the National League of Cities.Motion carried 4-0. F. APPOINTMENT OF MAYOR TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Mosman moved, seconded by Case, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 4-0. G. APPOINTMENT OF COUNCILMEMBER TO THE SOUTHWEST CORRIDOR COMMISSION MOTION: Case moved, seconded by Butcher,to approve appointment of Councilmember Mosman to the Southwest Corridor Coalition. Motion carried 4-0. H. APPOINTMENT OF COUNCILMEMBER TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Case moved, seconded by Mosman, to approve appointment of Councilmember Butcher to the Community Resource Center Advisory Council. Motion carried 4-0. I. APPOINTMENT OF COUNCILMEMBER TO THE SOUTHWEST CABLE TV COMMISSION MOTION: Butcher moved, seconded by Mosman to approve appointment of Councilmember Case to the Southwest Cable TV Commission. Motion carried 4- 0. J. APPOINTMENT OF COUNCILMEMBER TO THE EDEN PRAIRIE FOUNDATION MOTION: Butcher moved, seconded by Case,to approve appointment of Mayor Tyra-Lukens to the Eden Prairie Foundation. Motion carried 4-0. K. APPOINTMENT OF COUNCILMEMBER TO THE I-494 CORRIDOR COMMISSION MOTION: Case moved, seconded by Mosman, to approve appointment of Councilmember Mosman to the I-494 Corridor Commission. Motion carried 4-0. L. APPOINTMENT OF COUNCILMEMBER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE MOTION: Case moved, seconded by Butcher,to approve appointment of Councilmember Butcher to the Hennepin South Services Collaborative. Motion carried 4-0. CITY COUNCIL MINUTES January 8,2002 Page 9 XIII. REPORTS OF OI HCERS A. REPORTS OF COUNCILMEMBERS 1. Noise Level from Trucks Braking on Hwy 169 in the Preserve Area — Councilmember Case Councilmember Case said the people in the Preserve area near Hwy 169 have felt a change in the quality of life because of the construction of the highway. He recently traveled to the East Coast on the Tristate Tollway in Indiana and noted they have signs prohibiting engine braking in quiet zones. He asked if this prohibition is legislation and, if so, then we should go somewhere with it. Dietz said there are provisions for putting up those signs in Minnesota. He said last summer there was some initiative by one of the legislators in Bloomington to get those signs installed on Hwy 169. He will try to get the status of that initiative. Dietz noted that installing such signs would require enforcement, but that possibly could be shared by Bloomington and Eden Prairie. 2. Bare Roads Policy for Some Collector Roads—Councilmember Case Councilmember Case asked if, at some point when we can store more salt with our new storage facility by BFI, we would want to look at moving to a bare roads policy for collector roads. Dietz said the Council could adopt such a policy, but it is difficult to do bare roads. Today we use a mix of sand and salt applied at intersections, on higher traffic facilities and on hills, but in residential areas we do not apply even that mixture. He said cost is a factor because salt is $50 a ton. He said we have belly blades on five trucks, and we scrape the streets with those when we get warmer temperatures. We do have the possibility of a salt storage facility as part of our capital budget, but we are in the middle of a budget cycle now. Case suggested that we watch the weather patterns in the next few years. He thought it was an education factor--at what point are people willing to trade tax dollars for benefits. Tyra Lukens asked if there are alternatives to salt and sand. Dietz replied there are different types of compounds. Some are additives to salt. He said that MNDoT and the County have bare pavement policies but that requires salt on all the surface and depends on temperatures and the traffic volumes. CITY COUNCIL MINUTES January 8,2002 Page 10 B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:05 PM. rf t UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 15,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, Parks and Natural Resources Manager Stuart Fox, City Attorney Ric Rosow, and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30 to 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager's office (at 952-949- 8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m., is set aside for impromptu,unscheduled appearances by individuals or organizations who wish to speak to the Council. Tyra-Lukens reminded people that we are calling for applicants for Boards and Commissions. Applications are due by February 8, 2002. Tyra-Lukens requested people notify the Council regarding nominees for councilmember appointment by January 22. IV. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR.MARTIN LUTHER KING,JR. Tyra-Lukens read the proclamation designating January for the recognition of Dr. Martin Luther King, Jr. She then introduced Harry Moran, Chair of the Human Rights Commission. Moran reviewed the timeline for awarding the 2002 Human Rights and Youth scholarships. He said the scholarships recognize accomplishments done during the year 2001. The award kickoff will be this week with press releases and mailings to local businesses, high schools and churches. Information is available on the City website along with forms for the nominations. The Youth Scholarship applications are due March 1, 2002, with the selections to be made at the March 12th meeting of the Human Rights & Diversity Commission.Awards will be presented at a Council meeting in May. CITY COUNCIL MINUTES January 15,2002 Page 2 Nominations for the Human Rights awards will be taken through March 29, 2002,with the selection for the three award categories to be made at the April 9th meeting of the Commission. Those awards will also be presented at a Council meeting in May. Tyra-Lukens asked if the Youth Scholarship award is only given to a senior. Moran said it is given to a senior who intends to go to college and noted that seniors attending private schools are also eligible to apply for the award. Tyra-Lukens thanked Mr.Moran for his presentation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added Items XW.A.1. Discuss Idea of City Council and Councilmember's Goals for the Year and XIV.A.2. Task Force for Birch Island Woods. City Manager Jullie added Item XV.B.3. Recognize Award City Received for Excellence in Financial Reporting. MOTION: Mosman moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 8, 2002 MOTION: Case moved, seconded by Mosman, to approve the minutes of the Council Workshop held Tuesday, January 8, 2002, as published. Motion carried 4-0. • VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 2002-13 APPROVING FINAL PLAT OF TURTLE POINT ADDITION C. ADOPT RESOLUTION 2002-14 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 2ND ADDITION D. ADOPT RESOLUTION 2002-15 EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA FOR USE IN CITY MAPPING E. ADOPT RESOLUTION 2002-16 AUTHORIZING EXECUTION OF THE MUNICIPAL WASTE ABATEMENT INCENTIVE FUND AGREEMENT FOR THE `BIG FOOT EDUCATIONAL CD-ROM"PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN SERVICES FOR CSAH 4/VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS CITY COUNCIL MINUTES January 15,2002 Page 3 G. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF THE VEHICLES AT PUBLIC AUCTION H. ADOPT RESOLUTION 2002-17 WITH MNDOT FOR COST SHARING FOR ACQUISITION OF LANDSCAPE MATERIAL FOR TH 212 AT BRYANT LAKE DRIVE AND CROWN OAKS ROAD I. ADOPT RESOLUTION 2002-18 CALLING FOR A PUBLIC BEARING MARCH 7,2002, TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING DISTRICT J. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICES FOR 2002 K. APPROVE THE AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL BY AUCTION BROADCASTING COMPANY FOR 2002 Jullie said the date in Item I should be changed to March 19,2002. MOTION: Mosman moved, seconded by Case, to approve Items A-K on the Consent Calendar, as amended. Motion carried 4-0. VIII. PUBLIC HEARINGS /MEETINGS A. UNITEDHEALTH GROUP PUD by UnitedHealth Group. Request for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-Public on 10 acres, and from Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Area-wide Review (AUAR) on 72 acres. Location: South of Highway 62, east of Shady Oak Road, north of City West Parkway. (Resolution 2002-19 for Guide Plan Change and Resolution 2002-20 for PUD Concept Amendment) Julie said official notice of this public hearing was published in the January 3, . 2002, Eden Prairie News and was sent to 38 property owners. He noted for the record this item does include the Alternative Urban Area-wide Review(AUAR). Tim O'Connor, Vice President for Real Estate and Procurement for UnitedHealth Group, thanked City staff for their cooperation over the last many months. He noted they appreciate the singular importance of the site. He then introduced the other representatives of UnitedHealth who were present. Patrick Bourgier, representing UnitedHealth Group, reviewed the 72-acre plan. He said they developed a complex that utilizes the New Urbanisation concept and integrates office with private residences and retail. The development includes four office buildings, housing developments, a hotel property with restaurant facilities, structured parking and a new public street. 3 CITY COUNCIL MINUTES January 15,2002 Page 4 Tyra-Lukens asked if the new road enters City West Parkway at the same point where the current retail development empties.Bourgier said it does. John Dietrich, RLK Architects, noted the current site has potholes of wetlands. He said their concept with this plan is to put the building development into the 70 acres and make sure they have addressed the traffic impact and the basins of wetlands. They want to make this work in terms of the current regulations of the wetlands act. He noted the development will take less than one acre of the 11.5 wetland acres. There will be expansion of the roadway as well as improvements to Shady Oak Road. He said the development will be open for public transit, and they have minimized the tree loss. Franzen said the Community Planning Board recommended approval of the project on a 7-0 vote on December 10, 2001. The project is more of a rearrangement of land use than a guide plan change. The developer pays for a portion of the road improvements based on the impact to the road system. Mosman asked what quasi-public open space means. Franzen said it is open space that preserves natural features but is under private ownership. Case asked if a quasi-public designation is as strong as a conservation easement. Franzen said when we get to the rezoning stage, we will have a conservation easement that will go over the quasi-public designation. Mary Eggum, owner of the Shady Oak shopping center, noted he has not reviewed the construction plans, but he welcomes UnitedHealth as a neighbor. He asked if City West Parkway would have to be expanded to handle the increased traffic. Dietz responded that City West Parkway will not be expanded, but the intersection with Shady Oak Road will be improved with turn lanes. A lot of the roadwork will fall between City West Parkway and West 62nd Street. There may be additional right-of-way needs, and they are asking UnitedHealth Group to pay all the costs rather than having a special assessment. Mr. Eggum said they have an association that has a ponding area behind the shopping center and asked if this development would tie into that system. Dietz replied the landscape planner mentioned there will be retention on site and outflow will be restricted. Dietz noted this is a conceptual plan at this point, but we don't expect to add to a problem in that area. Kathy Zenc, General Council for LSS Data Systems, which is located just south of City West Parkway,-expressed concerns about the traffic impact. She asked if the road that will go through the development could be made one way so all the traffic would go out onto the frontage road on Hwy 62 and thereby avoid problems with after work traffic. She was also concerned about the drainage in the ponds behind the buildings. Dietz said the drainage issue will be more fully addressed in the final design. He said as to making the roadway system one way, he thought there was a very CITY COUNCIL MINUTES January 15,2002 Page 5 thorough traffic study done. The developer will be responsible for $2.5 million in improvements to the road system, and there will be new signal systems as well. He noted that we will also need the regional improvements to make this work since the development will create significant demand on the system. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; to adopt Resolution 2002-19 for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi- Public on 10 acres, and from Medium Density Residential to Office on 5 acres; to adopt Resolution 2002-20 for Planned Unit Development Concept Review on 72 acres; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Tyra-Lukens said she would like to state that she has been against a lot of guide plan changes; however, in this case it makes sense because she can see all the benefits from the guide plan changes. She really likes the proposal. VOTE ON THE MOTION: Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Butcher, Case, Mosman, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION Dietz said this amendment of the City Code relating to maintenance of herbaceous vegetation is to allow the use of native plantings to encourage water conservation and habitat enhancement. This change would give individual residents more choices for conserving water and thus meeting the intent of the Water Surcharge that was enacted in 1997 to encourage water conservation. He said we had a workshop last August to discuss the use of natural grasses as alternatives to lawns. The issue was how to provide homeowners with a better ability to make their property more natural. The primary change is in the definition of natural elements whereby up to 50% of turf grass can now be left to grow naturally because at least half of the area is dominated by trees and shrubs. Dietz said staff is recommending this ordinance be adopted and give it a try. Case said he liked this ordinance and thought it made a couple of clarifications. We have addressed the turf grass issue, and he thought this is a wonderful first start. Dietz noted the experience of other communities shows that you don't expect dozens of these things to happen. 5 CITY COUNCIL MINUTES January 15,2002 Page 6 Case thought to some degree we grandfathered in some areas like hillsides, and in a way this brings into compliance what is already going on. MOTION:Mosman-moved, seconded by Case,to approve the first reading of an Ordinance Amending Section 9.71 of the City Code Relating to Maintenance of Vegetation and Providing for Penalties for Violation Thereof.Motion carried 4-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES Jullie said,pursuant to the Council workshop held on December 4, 2001, there have • been some changes made to the organization of Boards and Commissions. The primary changes are to abolish the Community Program Board by repeal of Section 2.24; to eliminate the Environmental Education Citizen Advisory Commission; to revise the matters with which the Arts and Cultural Commission and the Parks, Recreation and Natural Resources Commission are involved; to repeal Section 2.28 relating to the Heritage Preservation Commission and insert the text of that section in Section 2.23, subd. D and subd. 3; and to delete all references to Citizen Advisory Commissions and to refer to such groups as Commissions. Tyra-Lukens noted it is important for people to realize that the structures of Boards and Commissions have been fluid over the years. MOTION: Case moved, seconded by Mosman,to approve the first reading of an Ordinance amending Chapter 2 relating to Boards, Commissions and Task Forces. Motion carried 4-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discuss Idea of City Council and Councilmember's Goals for the Year —Councilmember Mosman Councilmember Mosman said last year as her first year on the Council, we did priorities-for the year. She would like us to list goals and priorities this year. She would like to work on them at a workshop and also bring the ideas forward at a public meeting. Tyra-Lukens thought we could bring up ideas at the February 5 meeting individually and then discuss them at a workshop. Mosman noted there is a workshop scheduled for March 19. CITY COUNCIL MINUTES January 15,2002 Page 7 2. Task Force for Birch Island Woods—Councilmember Mosman Councilmember Mosman said she has talked to Bob Lambert about the Birch Island Woods, Parcel A. She thought it would be logical to have a task force that would work on a plan for the use and also have input from the public. Lambert said he has talked to some of the people involved with preservation of the woods. We are getting a lot of questions from residents involved in the process over the last several years. A lot of people are volunteering their time and money for the project. He thought it is important to move ahead while people are still excited about the project. Lambert thought we should have a task force that helps the City develop a plan for the park--a program on what we will do and where. He said there is a young woman who is doing a project on the Birch Island Woods at the University of Minnesota that might be able to tie into this. He thought we should spend a few months and do some good planning up front, then we can go to all the different groups and utilize their volunteerism and their money for the park. He thought the number of people on the task force should be kept to less than 10. Lambert said he would be willing to come to the February 5 meeting with a proposed charter statement for a task force with the purpose stated and a timeframe set. He suggested we talk to people in the meantime to get names of those who might be willing to work on the task force. Butcher thought it was a good idea to find broad representation from around the City,not just people who live in that area. Tyra-Lukens said Item XIV.B.1 is similar to this issue and she wants to be sensitive to not undermine the Parks Commission. We need to be concerned on how we see the role of the Parks Commission on this as well as the Jean Harris memorial. Lambert said we would have the Birch Island Task Force report to the Parks,Recreation and Natural Resources Commission before it comes to the City Council. The task force would be made up of representatives from special interest groups that have a very narrow picture. He thought task forces are good for focused, short-term projects and are a good way to get people involved. Tyra-Lukens said we have used task forces in the past for neighborhood parks projects, but because this is a little bit broader she was concerned about undermining the Parks Commission. Case said the members of the Birch Island Woods group are really very wide spread around the City and have worked together for years. They have CITY COUNCIL MINUTES January 15,2002 Page 8 proven themselves to be much more than a neighborhood park group. He was concerned that we get several of the key leaders on the task force. Mosman said she liked the idea of looking for grants and other sources of funding to help out the project and the water level problem. Lambert thought the task force is for a defined project of establishing the plan. He envisions there will be a subcommittee of the Parks Commission that will be working on Birch Island Woods. The water level project is a different subtask. MOTION: Mosman moved, seconded by Case, to direct Bob Lambert to prepare a statement regarding the Birch Island Woods task force for the February 5,2002, Council meeting.Motion carried 4-0. B. REPORT OF CITY MANAGER 1. Creation of Jean Harris Memorial Task Force Jullie said per Council direction Staff has put together a Task Force Charter Statement whose purpose will be to provide the City Council with a recommendation on one or more methods to appropriately memorialize Dr. Jean Harris and to recommend methods to fund any project that would require a funding source. Jullie said we are asking for volunteers among citizens-at-large, community service organizations,the Chamber of Commerce and the business community.He said we will assign one of our staff members as liaison for the task force. The first meeting will be held February 20, 2002. MOTION: Butcher moved, seconded by Mosman,to approve the Task Force Charter Statement for appointing a citizens committee to develop an appropriate memorial to the memory of Jean Harris and to request any volunteers wishing to serve on this Task Force to indicate their interest to the City Manager prior to January 25,2002, and to direct staff to invite volunteers from community service organizations,the business community and residents at large. Motion carried 4-0. 2. Human Rights and Diversity Youth Scholarship Award Name Change Jullie noted that we had a report earlier in the meeting from the Human Rights Commission Chair on the Youth Scholarship plan. In honor of the late Mayor Jean L.Harris,whose dedication to the ideals of diversity and inclusion were well known,the Human Rights and Diversity Citizen Advisory Commission is requesting to change the name of the Human Rights and Diversity Youth Scholarship Award to the Jean L.Harris Human Rights and Diversity Youth Scholarship Award.He said Staff recommends the Council take that action. CITY COUNCIL MINUTES January 15,2002 Page 9 MOTION: Case moved,seconded by Butcher to approve changing the name of the Human Rights and Diversity Youth Scholarship Award to the Jean L.Harris Human Rights and Diversity Youth Scholarship Award. Motion carried 4-0. 3. Recognize Award City Received for Excellence in Financial Reporting. Jullie said the City has again received a certificate of achievement for excellence in financial reporting from the Government Finance Officers Association of the U.S. and Canada. He noted this is the ninth year in a row we have received this award. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Recommendation of Feasibility Study to Deconstruct the Former Public Safety Building • Don Uram introduced Rick Carter of LHB Architects and Engineers who was here to present LHB's findings regarding the deconstruction of the former Public Safety building. • Mr. Carter said his company studied how to salvage or recycle as many materials as possible. They have gone through the building three or four times with several contractors to identify which materials would be best to save. He said the next step will be to go out for bids. He said we will ask for a bid like a conventional project and then request an alternate price to take the building apart and salvage as much as possible. We will set a minimum amount of landfill avoidance so that we can then value the salvaged materials and make a decision on the cost. He said his firm is going to use this as a design problem for an architectural course at the University of Minnesota. The students will come out to inventory the building and determine what materials they can salvage. It might be possible to use the salvaged materials for a park structure. Uram asked Carter if there is a potential for the class to make a presentation to the Council. Carter said that is a possibility. Uram thought the timing is great because we can get the building off the site so potential developers can see it. Mosman asked if this is being done in other communities. Carter said it is becoming more common.He said there was a parking lot structure that was deconstructed and put back together at the airport. CITY COUNCIL 111INUTES January 15,2002 Page 10 E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS Jullie noted the Council needs to set a closed meeting for January 22,2002. Case asked if we have to announce the purpose of the meeting. Jullie said it is to discuss potential litigation. Tyra-Lukens set a Special Meeting of the Council for January 22, 2002, at 6:00 PM to discuss potential litigation. XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0, Mayor Tyra-Lukens adjourned the meeting at 8:10 PM. 1� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Police/C.O.P.Unit V I I Clerk's License Application List ITEM NO.: Gretchen Laven '(� 1 A . These licenses have been approved by the department heads responsible for the licensed activity. LICENSES RENEWED Private Kennel Evelyn Bone—Cats Kimberly Donahue—Cats Beth Ruppert—Dogs Julie Savalas—Dogs Lee Wear—Dogs Deborah Winter- Cats NEW LICENSES Private Kennel David Odegaard-Dogs Raffle(LG220) Organization: Eden Prairie Foundation Place: Bearpath Golf& Country Club Date: February 23, 2002 Organization: Kent Hrbek Celebrity Tournament Place: Bearpath Golf& Country Club Date: June 3, 2002 Wine with Strong Beer India Palace New, Inc. Dba: India Palace Month Day,Year - 1 - CITY COUNCIL AGENDA DATE: 02/05/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Eden Prairie City Center Fire Station Michael D. Franzen Requested Action • Approve 2nd Reading of an Ordinance for a Planned Unit Development District Review and a Zoning District Amendment within the I-5 Zoning District Synopsis This is a subdivision of 30 acres into two lots with PUD waivers located at 14800 Scenic Heights Road. Attachments 1. Ordinance for Zoning District Amendment EDEN PRAIRIE CITY CENTER FIRE STATION CITY OF EDEN PRAIRIE H t+;NNEPIN COUNTY, MINNESOTA ORDINANCE NO. 02-2002-PUD-02-2002 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 I-5 Zoning District 02-2002-PUD-02-2002 (hereinafter "PUD-02-2002-I-5). Section 3. The City Council hereby makes the following findings: A. PUD-02-2002-I-5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-02-2002-I-5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-02-2002-I-5 are justified by the design of the development described therein. D. PUD-02-2002-I-5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. E. PUD-02-2002-I-5 grants the following PUD waivers: 1. Zero lot line setback to parking. 2. Rear yard building setback from 25 feet to 10 feet. 3. Lot size from 5.0 acres to 1.86 acres. 4. Lot depth from 300 feet to 250 feet. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-5 District and shall be included hereafter in the Planned Unit Development 02-2002-I-5, 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 5. 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 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of December, 2002, 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 5th day of February, 2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A Eden Prairie City Center Fire Station Legal Description: EXISTING PARCEL: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest corner of said East Half, Hennepin County,Minnesota. PROPOSED PARCEL A: The South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the right of way of Scenic Heights Road. PROPOSED PARCEL B: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest corner of said East Half; except the south 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. Li EDEN PRAIRIE CITY CENTER FIRE STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 02-2002-PUD-02-2002 AN ORDINANCE OF Tune. CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 14800 Scenic Heights Road within the I-5 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 A. Porta, City Clerk Nancy Tyra-Lukens,Mayor • PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 5 CITY COUNCIL AGENDA DATE:February 5, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Declaration of ITEM NO: Parks and Recreation Restrictions on Riley Lake Park Through:Robert A.Lambert AZZ Director `C From: Stuart A.Fox,Manager Parks and Natural Resources Requested Action Motion: Move to approve the Declaration of Restrictions on Riley Lake Park. Synopsis The City of Eden Prairie has purchased several parcels of land in Riley Lake Park with grant money obtained from the Minnesota Department of Natural Resources. A condition of those grants was that the City imposes restrictions on the use of the purchased property. During the processing of the most recent grant for the construction of the Riley Lake picnic shelter, it was noted that there was not a deed restriction filed on the Riley Lake park property. Since this is a condition of the grant agreement, the staff has worked with the City Attorney's office to prepare a Declaration of Restrictions that binds the use of Riley Lake Park for outdoor recreation purposes that are consistent with any of the approved grants. Additionally, the property purchased utilizing these grant monies cannot be used for any other purposes without written approval of the Commissioner of the Minnesota Department of Natural Resources. Attachments Attached is a copy of the Declaration of Restrictions that has been prepared by the City Attorney's office. SAF:mdd i DECLARATION OF RESTRICTIONS WHEREAS,the City of Eden Prairie("City"),is the owner of certain real property located in Hennepin County,Minnesota legally described on Exhibit A attached hereto and incorporated herein by reference("Real Property"); WHEREAS,portions ofthe Real Propertywere purchased,in part,with grant money obtained from the Minnesota Department of Natural Resources Outdoor Recreation Project Agreement; and WHEREAS,in order to comply with the Department ofNatural Resources Outdoor Recreation Project Agreement the City desires to impose certain restriction on the use of the Real Property. NOW THEREFORE,the Cityhereby declares that all ofthe Real Property is held and shall be held,conveyed,hypothecated,or encumbered,leased,rented,used,occupied,and improved subject to the following limitations,restrictions,conditions,and covenants which shall run with the land and shall be binding on all parties having or acquiring anyright,title or interest in the Real Property or anypart thereof 1. The Real Property shall be managed and maintained for outdoor recreation purposes consistent with the approved grant application. 2. The Real Property may not be used for any other purpose without the express prior written approval of the Commissioner of the Minnesota Department of Natural Resources. {The remainder of this page intentionally left blank.) IN WITNESS WHEREOF,the City ofEdenPrairie executes this Declaration ofRestrictions on the day of ,2002. • CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Its Mayor By Carl Jullie,Its City Manager STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before.me this day of ,2002,by Nancy Tyra-Lukens and Carl Jullie,Mayor and City Manager of the City of Eden Prairie. Notary Public Document drafted by: Lang,Pauly, Gregerson&Rosow,LTD Craighton T. Boates, Esq. 1600 Park Building 650 Third Avenue South Minnepolis,MN 55402 612-338-0755 ep/parks/riley lak declaration of restrictions • • • • • 3 SIT A Legal Description Riley Lake Park Property ID No. 19-116-22-42-0008 Description That part of the Northwest Quarter of the Southeast Quarter of Section 19, Township 116 North, Range 22 West, and that part of Government Lot 2 described as beginning at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 116 North, Range 22 West, thence on an assumed bearing of South 88 degrees, 35 minutes, 36 seconds East along the South line thereof 558.31 feet; to the Northwesterly line of the Chicago Northwestern Railroad right-of-way; thence North 43 degrees, 59 minutes 58, seconds East along said right-of- way 51.88 feet, to the West line of the East 23.8 acres of the Northwest Quarter of the Southeast Quarter of Section 19; thence North 0 degrees, 9 minutes, 48 seconds East along said West line 1,027 feet; thence North 89 degrees, 50 minutes, 12 seconds West, 605.22 feet; to the West line of the Northwest Quarter of the Southeast Quarter of Section 19; thence South 71, degrees 14, minutes,30 seconds West, to the shore of Lake Riley; thence Southeasterly along said shore to the South line of Government Lot 2;thence East to the beginning. Also, that part of Government Lot 3 lying Westerly of the Chicago Northwestern Railroad right- of-way and North of a line running due East and West through a point on the center line of Riley Lake Road a distance of 321.6 feet Northerly as measured along said center line from the Northwesterly line of said railroad right-of-way except that part platted as Bearpath Second Addition also except for road right-of-way. • 2-1 CITY COUNCIL AGENDA DATE: February 5, 2002 SECTION: Gensent-Calendar SERVICE AREA DIVISION: ITEM DESCRIPTION: Contract for In- ITEM NO: Parks and Recreation Construction Services for Purgatory Creek Robert A.Lambert Director.w.. Recreation Park Area Grading and Storm Sewer Installation Requested Action Motion: Move to approve the proposal for in-construction services for the Purgatory Creek Recreation Park area grading and storm sewer installation dated January 25,2002 at a cost not to exceed$28,830. Synopsis This contract is for construction and inspection, construction administration and final inspection of the grading and storm sewer project for the first phase of the Purgatory Creek Recreation Area to be completed during the spring and summer of 2002. Background nsulting•Group is the consulting firm that has provided the design services for this entire project. They will be submitting a proposal for inspection of the final phases of the construction project later this year. RAL:mdd AGREEMENT THIS AGREEMENYT is made and executed the 5a`day of February, 2002, by and between the City of Eden, herein referred to as the"Owner", and SRF Consulting Group,Inc., hereinafter referred to as the"Consultant", WITNESSETR; Owner and Consultant, for the consideration herein stated, agree as follows: 1. Consultant Duties: The Consultant shall provide the services specified in Consultants professional services proposal dated January 25, 2002, and shall do everything required by the Agreement and the Contract Documents. Consultant shall fully and satisfactorily comply with the conditions of the Contract Documents and complete the work contemplated by the Agreement in accordance with the Contract Documents. 2. Price: Owner agrees to pay the Consultant a fee not exceed the sum of $28,830 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as ' provided in the Contract Documents. 4. Contract Documents: The Contract Documents consist of the Consultants professional services proposal dated January 25, 2002 and the City of Eden Prairie General Conditions-Consultant Agreement,December 2000. The Contract Documents are hereby incorporated with the Agreement and are as much a part of this Agreement as if fully set forth herein. The Agreement and Contract Documents.are the Contract. In the event of any conflict between the documents comprising the Contract Documents,the professional services proposal and the City of Eden Prairie General Conditions-Consultant Agreement,December, 2000 shall govern in that order. 5. Completion: The Consultant shall complete all services within six months (180) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Contract Documents. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statues shall not be violated. 7. Claims: To receive any payment on this Contract,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." 8. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 9. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Consultant. Any subsequent modification must be in writing signed by both parties. 10. Cover nine Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties to the Agreement have hereinto set their hands as of the date set forth above. • Owner • By Its By Its CONSULTANT By • Its 3 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known ha'ardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals,necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for. 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated.statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." • 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct. minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility.of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page I of4 j 4A Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report past due accounts,City will pay a finance charge of 1.5%per month on the unpaidbalance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. andwill not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, ' 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultantmay,mails sole discretion, following.invoice date, Consultant may deem the default a deem itself required by law to disclose.. breach of its agreement; terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIlVIITATIONS OF REMEDIES- however,will not be relieved of Fee Payment responsibilities - by the default or termination of the.agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses. assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,.or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney 'negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation - pursuant to this Agreement. All reports are intended solely for - City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question(hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is. submitted. During that time the records will be made available .The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential.. If, at the end of eight hours of drawings, logs and reports at cost, plus -15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,.a'claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof,whereby the party or parties City ofEdenPrairie General Conditions Consultant Agreement December2000 Page 2 of4 5 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the infrucd conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties=malty agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could•have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA, either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent,guarantee,or_certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations.of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither patty may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Mmn.Stat.13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION ION 12.1 If Consultant is delayed'in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed; strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City, the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant; reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this • Contract The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat 363.01,et seq., Title VI of the Civil Rights Act of 1964,and the-Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. • No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied • with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. _ modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant. shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant 2Igreement December 2000 Page 4 of4 7 ju, CONSULTING GROUP , INC . Transportation a Civil v Structural Environmental Planning a Traffic n Landscape Architecture o Parking January 25,2002 • Proposal No.P02036 • Mr.Bob Lambert • - Director of Parks and Recreation CITY OF EDEN PRAIRIE • 8080 Mitchell Road Eden Prairie,MN. 55344-2230 Dear Mr.Lambert: SUBJECT: PROPOSAL FOR IN-CONSTRUCTION SERVICES FOR ' ' PURGATORY CREEK PARK AREA GRADING AND STORM SEWER INSTALLATION As you know, we will be moving in to Phase One grading construction for the Purgatory Creek park property which will involve filling the wetland areas on the south half of the site,in addition to cutting fill material on the north half of the site to accommodate future park improvements. We are anticipating some amounts of settling on site after completing the fill surcharge, which will also require close monitoring in order to determine when future improvements can be constructed in the park. SCOPE OF SERVICES We have developed the following work program to complete the in-construction phase of the project based on the scope of work as outlined in the drawings and specifications. We will provide the necessary construction services to ensure the contractor follow's grading and surcharge procedures and the design intent of the park property. We will also consult with American Engineering and Testing to determine when the surcharged fill areas will be ready to construct the storm pipe extension, parking lots and pathways, .lighting, irrigation and landscaping. We are proposing to complete the following services: • • CONSTRUCTION INSPECTION • • Provide survey services for determining elevations of monitoring plates • Periodically review contractor's progress during site grading(1 -2 times per week) • Field verify contractor staking for grading and distribution of fill material on site . • Keep a record of quantities of each of the pay:items used in the work • Field verify proper installation of storm sewer pipe and structures on site (2-3 times per week) ▪ Prepare "punch list"upon substantial completion of project • Prepare final inspection letter One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4113 Telephone (763) 475-0010 ® Fax (763) 475-2429 • http://www srfconsulting.com . An Equal Opportunity Employer 7 Mr.Bob Lambert January 25, 2002 City of Eden Prairie Page 2 CONSTRUCTION ADMINISTRATION • Attend pre construction conference ▪ Coordinate weekly progress meetings ■ Prepare and file copies of reports on construction activities • Review and approve pay request forms • Prepare change orders and other written directives,if required FINAL INSPECTION • Conduct final review-of project ® Prepare final letter of acceptance BUDGET The estimated cost for the services described in the Scope of Services is $28,830, which includes both time and expenses. - • BASIS OF PAYMENT We propose to be reimbursed for our services on an hourly basis for actual time expended at the rates on the enclosed schedule. Other direct project expenses, such as printing, supplies, reproduction, etc. would be reimbursed at cost, and mileage would be reimbursed at the current allowable IRS-rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. • CHANGES IN SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763-475-2429. Mr.Bob Lambert January 25,2002 City of Eden Prairie Page 3 We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, - SRF CONSULTING GROUP,INC. APPROVED: (signature) - Barry J. �! e� er,FASLA,AICP Senior Vice President Name BJW/dcw Title Attachment/Enclosure Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. • • • • HALArch\4107_PurgatoryCreek\Word\SCOPE OF SERVICES construction services.doc • /D CITY COUNCIL AGENDA DATE: SECTION: Fire January 29,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Spencer Conrad Resolution to revise the Southwest Mutual Aid T Fire Department Association Agreement • Requested Action: Adopt the Resolution revising the Southwest Mutual Aid Association Agreement by adding the City of Minneapolis as a member. Synopsis: Council approval is needed from each participating city to make Minneapolis an official member of the Southwest Mutual Aid Association. Background Information: This is an agreement with several other fire departments to provide mutual aid for each other as needed. Each City Council needs to approve all additions and deletions of participants, as they approved the original agreement. Participating cities include: Bloomington, Chanhassen, Eden Prairie, Edina, Excelsior, Golden • Valley, Hopkins, Maple Grove, Minnetonka, Plymouth, Richfield, St. Louis Park, Wayzata, and Metropolitan Airport Commission Attachments: Resolution CITY OF EDEN PRAIRIE E HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2002- SOUTHWEST MUTUAL AID ASSOCIATION REVISION • EDEN PRAIRIE FIRE DEPARTMENT WHEREAS,the City of Eden Prairie has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment; and WHEREAS,the agencies participating in this agreement have been designated the Southwest Mutual Aid Association; and WHEREAS,the existing agreement requires the parties of the agreement to approve by resolution a new Exhibit A to add a new member to the agreement; and WHEREAS,the City of Minneapolis would like to join the Association and would add to the overall effectiveness; and • NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: The revised Exhibit A dated 2/1/99,which includes the City of Minneapolis is hearby approved as the new official list of parties to the agreement establishing the Southwest Mutual Aid Association. The City Clerk is directed to transmit a certified copy of this resolution to the Secretary of the Southwest Mutual Aid Association. ADOPTED by the Eden Prairie City Council on February 5,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta,City Clerk - I Southwest Mutual Aid Association Personnel And Equipment Agreement EXHIBIT A City of Bloomington: City of Minneapolis Bloomington Fire Dept. Minneapolis Fire Dept. 2215 Old Shakopee Rd. 300 S 5th St- Room 230 Bloomington, MN 55431 Minneapolis, MN 55415 City of Chanhassen: City of Minnetonka: Chanhassen Fire Dept. Minnetonka Fire Dept. • 7610 Laredo Dr., Box 97 14550 Minnetonka Blvd. Chanhassen, MN 55317 Minnetonka, MN 55345 City of Eden Prairie: City of Plymouth: Eden Prairie Fire Dept. Plymouth Fire Dept. 7801.Mitchell Rd. 3400 Plymouth Blvd. Eden Prairie, MN 55344 Plymouth, MN 55447 City of Edina: City of Richfield: Edina Fire Dept. Richfield Dept. of Pub. Safety 6250 Tracy Ave. 6700 Portland Ave. Edina, MN 55436 Richfield, MN 55423 City of Excelsior: City of St. Louis Park: Excelsior Fire Dept. St. Louis Park Fire Dept. 339 3rd Street 5005 Minnetonka Blvd. Excelsior, MN 55331 St. Louis Park, MN 55416 City of Golden Valley: City of Wayzata: Golden Valley Fire Dept. Wayzata Fire Dept. 7800 Golden Valley Rd. 600 Rice St. Golden Valley, MN 55427 Wayzata, MN 55391 City of Hopkins: Metropolitan Airport Commission: Hopkins Fire Dept. Airport Fire Dept. 1010 1st St. S. 6307 34th Ave. S. Hopkins, MN 55343 Minneapolis, MN 55440 City of Maple Grove: Maple Grove Fire Dept. 9101 Fembrook Lane Maple Grove, MN 55311 2-16-2000 2 Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment PURPOSE This Agreement is made pursuant to Minnesota Statutes Section 471.59, which authorizes the joint and cooperative exercise of powers common to contracting Parties. The Parties to this Agreement wish to create a regional Mutual Aid Association, hereafter called the Southwest Mutual Aid Association, for the purpose of making fire equipment, personnel and facilities available to each other upon request. This Agreement is intended to give each Party the authority to send its equipment and personnel into the other communities and to provide for an Operating Committee to administer this Agreement. I1. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them below. Subd. 1. "Assistance" means the providing of fire personnel and equipment, fire investigators, fire inspectors, fire educators, fire instructors, training personal and associated equipment and facilities. Subd. 2. "Emergency" means a sudden and unforeseen situation requiring immediate action. Subd. 3. "Party" means a governmental unit which is a Party to this Agreement. Subd. 4. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. Subd. 5. "Requesting Party" means a Party which requests Assistance from other Parties. Subd. 6. "Responding Official" means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide Assistance to a Requesting Party. Subd. 7. "Responding Party" means a Party which provides Assistance to a Requesting Party. - Subd. 8. "Specialized Activities" means non-emergency Assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personal and associated equipment and facilities. Subd. 9. "Extraordinary Services" means emergency Assistance that includes activities beyond the normal scope of fire fighting, such as hazardous materials incidents, high level rescue, or dive rescue_ Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 c 96-61-6 luauadmb3 pud lauuasJad a°!d JO asn JOd juaulawBv aallendoo3 puy lu►or uogelaossb PIy Ienlny Isaeeylnas • (}Jed Aue o}Alllgeli ul }InsaJ}ou Ilinn uol}ae Lions •/C}lunwwoo uMo Jay/siq s}saJejul }seq ay}Joj apinoJd o}AJesseoeu IleoaJ Lions sweep }uaw6pnf}seq Jay/sly ul temp 6ulpuodsa ay}jl joaJay}ped Aue Jo aoue}sissy Lions lima! awl}Aue }e Aew Ielogjp 6ulpuodsoJ ay} 'Aped 6ul}senbe a o}aaue}sissy papinoJd seq Aped 6ulpuodsad a JanauayM •17 *pgns •salJepunoq s}l wpm aoue}sissy 6ulpinoid sl }l min awl} ay} 6u!Jnp „drpeq„ se sawed Jaw woJj.aoue}sissy}senbaJ uJn} ul Aew }l `}uawaaJ6y sly}4o swaa} ay}Japun aaue}sissy sapinoJd Aped 6ulpuodsau e uoq, '£ 'pgnS Aped a o}Amen ul }InsaJ }ou 1 DM aoue}slssy apinoJd o}amlle� IpeAoldwe sl ays/ay Liorynn Aq Aped an 4o 8Jn}onJ}s le}uawuJano6 ay} u qi!m Jay/wly o} algeolldde eq Aew se uolpailp pue uols!/uedns qons o}}oafgns) lelom}) 6ulpuodsaI ay}Aq Alalos peulwia}ap eq Heys papinoJd sl aoue}sissy Lions }nave}e1M o} 'Os}i `pue Aped 6ul}sanbaa ay}o}aoue}sissy Lions sapinoJd Aped 6ulpuodse ay}Jay}aqm .Aped 6ul}sanbaJ ay} o} aoue}sissy apinoJd o} Io1}uoo Jay/sly Japun Iauuosiad }uewpedaa aJld ay}pap pue ezpoy}ne Aew lepujo 6u!puodse ay} 'Aped a won}aoue}sissy Jo}.}sanba1 e jo }dlaoai ay} uodn •Z 'pgnS •Aelep enpun }noy}inn Aped 6ul}senbad a o}elgellene eoue}slssy AJesseoeu ay} 6upjew Aq Aoua6Jawa ue }vane ay}uI a}eJad000 o}}uawaaJ6y sly} aLi}}o uol}ua}ul ay} sr }t `ulaJaq qpo}.}as suol}e}lwll ay} a}}oafgns -Aped 6ul}senba8 ay}4o salJepunoq ay} u inn pue o} aoue}sissy ysiwn}o}Aped Jeq}o Aue}o Ielol}4p 6ulpuodsau ay} uodn Iieo `uol}aJoslp Jay/sly }e `Aew poop 6ul}senbal Lions `sa!ped Jay}o wan. aoue}sissy Job. paau e sl wag} `Ielol}}p 6ul}sanba�l e jo uoluldo ay} ul `JanauayM •1, *pgns 3Hfl 3302Id 'Al •A}IJoq}ne }ey}4o s!seq ay} sa}loaJ yol1M Aped win pup o}A}IJoq}ne }uamns Li}inn lelol}Jo ue Aq pa}noaxa Ja}}ai a `A}yedlolunw-uou e Jo} . Jo `Apoq 6ulwano6 ay} Aq pa}dope uol}nlosei e `A}gedlolunw a Jo} . :Aq paouepine eq limn}uawaaJ6y sly}Japun pal!wiad Jo pailnbei sl LioIgM Aped Aue Aq uol}oy *sanp Aed o} einlle4 e Jo pal}lpow aq Aew se }uewaaJ6e ay}}o sWJa} ay} Li}inn Aldwoo o} einlle4. :sasneo 6u!Mollo4 ay}Jo}. Aluo pue }uawaaJ6y ay}o} sawed Jay}o I1e}o sJapenb-aaJq} }seal }e jo awn e Aq Apo dlysiagwaw woJ} panowai eq Aew Aped v 'siagwaw Jaw ay} o} aol}ou uaI!Jnn sAep Awn uodn awn}Aue }e diysJegwew woJ}nneJpy}lM Aew Aped Auy }uawaaJ6y sly}Jo} abed aJn}eu6ls e4eJedes e 6ui}noaxa Aq pue 'sawed Jagwew Ile}o IenoJdde 6u!nlaoaj pue o} 6u!Aldde Aq `semi uol}eloossy ay} ul papinoJd suoi}ipuoo ay} y}inn 6uiAidwoo Aq }uawaaJ6y s!Li} o} Aped e awoaaq Aew sal}i}ue Jay}p *uol}eloossy ply Ien}nW }sanny}nos ay} dlysJogwaw ay} a}n}l}suoa salted ayl •IIIA uoI}aas Loa aauep1oaae u! a6ed ein4eu6is a}eiedes e a}naaxa pue }uawaaJ6y sly} anoidde LiolgM sal}i}ue asoy} ale }uawaaJ6y sly} o} se!}-led ayl S3I12IVd 'III z 2 III. PARTIES The Parties to this Agreement are those entities which approve this Agreement and execute a separate signature page in accordance with Section VIIL The Parties constitute the membership the Southwest Mutual Aid Association. Other entities may become a Party to this Agreement by complying with the conditions provided in the Association rules, by applying to and receiving approval of all member _ Parties, and by executing a separate signature page for this Agreement. Any Party may withdraw from membership at any time upon thirty days written notice to the other members. A party may be removed from membership only by a vote of at least three-quarters of all other Parties to the Agreement and only for the following causes: failure to comply with the terms of the agreement as may be modified or a failure to pay dues. Action by any Party which is required or permitted under this Agreement will be evidenced by: • for a municipality, a resolution adopted by the governing body, or • for a non-municipality, a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other Parties, such Requesting Official may, at his/her discretion, call upon the Responding Official of any other Party to furnish Assistance to and within the boundaries of the Requesting Party. Subject to the limitations set forth herein, it is the intention of the Parties to this Agreement to cooperate in the event of an emergency by making the necessary Assistance available to a Requesting Party without undue delay. Subd. 2. Upon the receipt of a request for Assistance from a Party, the Responding Official may authorize and direct the Fire Department personnel under his/her control to provide Assistance to the Requesting Party. Whether the Responding Party provides such Assistance to the Requesting Party and, if so, to what extent such Assistance is provided shall be determined solely by the Responding Official (subject to such supervision and direction as may be applicable to him/her within the governmental structure of the Party by which he/she is employed). Failure to provide Assistance will not result in liability to a Party. Subd. 3. When a Responding Party provides Assistance under the terms of this Agreement, it may in turn request Assistance from other Parties as "backup" during the time that it is providing Assistance outside its boundaries. Subd. 4. Whenever a Responding Party has provided Assistance to a Requesting Party, the Responding Official may at any time recall such Assistance or any part thereof if the Responding Official in his/her best judgment deems such recall necessary to provide for the best interests of his/her own community. Such action will not result in liability to any Party. Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 5 3 Subd. 5. The Requesting Party shall be in command of the emergency scene. The personnel and equipment provided by the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws Assistance. Subd. 6. A Responding Party shall be responsible for its own personnel, equipment, and for injuries or death to any such personnel or damage to any such equipment, except that unused equipment provided by the Responding Party shall be returned to the Responding Party by the Requesting Party when circumstances permit this to be done. Responding personnel shall be deemed to be performing their regular duties for the Responding Party. Insurance coverage and any financial compensation shall be the responsibility of the Responding Party. Each Party waives the right to sue any other Party for any workers compensation benefits paid to its own employee or volunteer even if the injuries were caused wholly or partially by the negligence of any other Party, its officers, employees, or volunteers. Subd. 7. Specialized activities of a non-emergency nature may be requested and/or provided by the Parties to this Agreement. Subd. 8. No charge shall be made to a Party for Assistance rendered under this Agreement except that a Party providing Assistance shall be paid for the cost of supplies. A Party providing Assistance may charge for time and materials for Specialized activities and Extraordinary Service as provided for in the association rules. V. OPERATING COMMITTEE The association shall have an Operating Committee to administer this Agreement. Subd. 1. The Chief of each Party's Fire Department, or designee, shall be the Party's representative to the Association Operating Committee. Subd. 2. It is the responsibility of the Operating Committee to establish rules, policies, and standards and to take other necessary or prudent action to administer this Agreement. Subd. 3. The Operating Committee shall meet periodically, but not less than quarterly to conduct the business of the Association. Subd. 4. The Association is not a separate legal entity. The Operating Committee shall have no authority to own property, enter into contracts, or to receive and expend funds except for routine administrative expenses. VI. RECIPROCAL DEFENSE AND INDEMNIFICATION Except for the United States Veteran's Administration Medical Center ("the V.A.") which is subject to federal laws prohibiting the following provision the Requesting Party agrees to indemnify and defend against any claims brought or actions filed against the Responding Party or any officers, employees, or volunteers of the Responding Party for injury or death Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 6 56-614 juawdinbg pu i Jauuosaad acid JO ash.►od auawaaal6y an!#eaadaaa puyAugop uogepossy pyleni v IsaMq)nos •6wls!xe uayl sawed eguo siapenb-aaigl Jo elm annewiyj.e ay} uodn paleulwial io papuawe aq Aew luaweeJ6y slgl 1N3WON3WV 'XI •uolleloossy 6ullslxe-aid a1U way 6ulnneipgl!M ale Aeq 4egn.aol4ou an!6 ia}4eaiayl liege pue 4uawaai6y slyl iapun paleaio uo!4eioossy age o} uo!4 !oossy ply lenlnlN isannglnog 6ullslxa-aid aql Jo slasse Aue iee.sueil of aeon Hegs 4uawaai6y s!ql of sawed aql lenoidde snowlueun uegl ssal Aq anlloajja sawooaq luawaai6y eql •luawaai6y sigl of 4uensind paleaio uoileloossy eql of paiie sued aq !legs slueweai6e asogl iapun uollepossy ayl Jo slasse ile pue `uoilepossy ply lenlnW lsanng}nog aql }o aoualsixe oil ion apinoid Low sluawaai6e solid l'e pion pue `aoeldei `apasiadns 'legs luawaai6y sm. `y 4!q!gx3 pagoelle ay} uo pals" sa!lllua ay}Jo 'le Aq palnoaxa Si luawaaifiy s!qu' .iagwew yoea of 4uawaai6e palnoaxa AHny aqi Jo Adoo e pues Heys Aielaioas eql `se6ed ainleu6ls palnoaxa He Jo ldlaoai uodn 'lll uogoas w papnoid se ial.al io uollnlosai e gllnn 6uole `Aielaioas uolleloossy ayl of abed leyl piennioo pue abed ainleu6is aleiedas e alnoaxa Heys Aped yoea •ulaiaq aouaiajai Aq paleiodioou! s! qo!qm v liq!gx3 payoelle aql uo pals" se!4!4ua aql Jo siapenb-aaigl Aq uollnoaxa uodn an'loajja aq Heys luawaai6y slgl 31Ha 3A11O3E93 'IIIA '089Z-1-L9Z pUe (q)9t'£I- •y•s•fl 8Z of luensind salels palm ail lsu!e6e sw!elo 6uHj woii. `saaAoidwe pue sawed aNI ueyl Jaw sienpin!pu! pUe `96L£ "as. Zi'of luensind siaoywo Alajes oJgnd iaglo pue sialy6ysiy.Jo sgleap agl ion.sw!elo 6ullg woi. sapelo j euaq `O i.ZZ •O"s'fl S 1- o}luensind sassol pue slsoo 6ullg6y. aiy.ion. swlep 6uliy. way uollezlue6io ay]. a apnpaid lou saop ialeM sm. `ianannoH •lauuosiad VA Aq JO VA NI ion.saouuas uo!loaloid aiy.Jo aouewioped aql Jo aouenbasuoo aql ul 6u!iin000 (peep io 'Ainfu! leuosiad `e6ewep `sso! Aue ioJ uollesuadwoo Aue ioJ 'Aped Aue lsu!e6e aneg Aew 4! sw'ep He sanlenn •y'A eql pue VA agl lsule6e sw!elo He san!enn Aped yoea U3AlVM "IIA 'Aped Aue ioJ sliw!! Amen Aiolnlels wnw!xew aql aseaioul of iag4a6ol pappe aq lou Aew sawed lle JO awos ioJ Amen Jo sliwil a41 .Aped auo Apo of a'geoildde `salnlels elosauu!lN `ggfr ialdeg3 u! pays!melsa s}!wil Alil!gen aql Jo ssaoxa u! slunowe Aue 'sawed Jaw pue jlasl! Jo jlegaq uo 'Aed of pai!nbai aq Aped e Heys `ianamoq `saouelswnoilo ou iapun •Aawolle al6uis a Aq papuajap aq of aouaiin000 a'6u!s a way sluepuaoap a'ditlnw lsuie6e sw!ep Amen l!wied of pue `sluepuajap 6uowe slogjuoo 6uileu'wila Aq swiep Aliligey Jo asuajap ayl A4ildwls of sl AMuwapu! pue puaJap of sailnp leooidloai asagl 6ulleaio}o asodind eql 'salnlels elosauu!W `ggy, ialdeg3 iapun sliwil Amen agl of loafgns uoilo!psunf s,Aped 6uilsanbaH ayl u!glinn 6u!s!ie swielo ioJ Aped 6u!puodsaH Aue A4!uwepu! pue puaeap of Alnp pal!w!l e Aped 6uitsenbad yoea uo asodwi of Si uolloas siyl Jo luawaiinbai uolleoy.!uwapu! agl}o luelu! ay1 -luawaai6y s!yl of luensind Aped 6uggsanbad ayl Aq aouelsissy iol lsanbai a of 6ulpuodsai u! aouels!ssy Jo uo!s!Aoid pue aouewio}iad . ayl to lno bu!sue `suosiad pi!yl Jo Apadoid ay' of adewep JO 'suosiad io uosiad aim Aue of 4 to any third person or persons, or damage to the property of third persons, arising out of the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. The intent of the indemnification requirement of this section is to impose on each Requesting Party a limited duty to defend and indemnify any Responding Party for claims arising within the Requesting Party's jurisdiction subject to the liability limits under Chapter 466, Minnesota Statutes. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Under no circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amounts in excess of the liability limits established in Chapter 466, Minnesota Statutes, applicable to only one Party. The limits of liability for some or all Parties may not be added together to increase the maximum statutory liability limits for any Party. VII. WAIVER Each party waives all claims against the V.A. and the V.A. waives all claims it may have against any Party, for any compensation for any loss, damage, personal injury, or death occurring in the consequence of the performance of fire protection services for the V.A. or by V.A. personnel. However, this waiver does not preclude a fire organization from filing claims for fire fighting costs and losses pursuant to 15 U.S.C. 2210, beneficiaries from filing claims for the deaths of firefighters and other public safety officers pursuant to 42 U.S.C. 3796, and individuals other than the Parties and their employees, from filing claims against the United States pursuant to 28 U.S.C. 1346(b) and 2671-2680. VIII. EFFECTIVE DATE This Agreement shall be effective upon execution by three-quarters of the entities listed on .the attached Exhibit A which is incorporated by reference herein. Each Party shall execute a separate signature page and forward that page to the Association Secretary, along with a resolution or letter as provided in Section III. Upon receipt of all executed signature pages, the Secretary shall send a copy of the fully executed agreement to each member. If this Agreement is executed by all of the entities listed on the attached Exhibit A, this Agreement shall supersede, replace, and void all prior agreements which provide for the existence of the Southwest Mutual Aid Association, and all assets of the Association under those agreements shall be transferred to the Association created pursuant to this Agreement. If the Agreement becomes effective by less than unanimous approval, the Parties to this Agreement shall vote to transfer any assets of the pre-existing Southwest Mutual Aid Association to the Association created under this Agreement and shall thereafter give notice that they are withdrawing from the pre-existing Association. IX. AMENDMENT This Agreement may be amended or terminated upon the affirmative vote of three-quarters of the Parties then existing. Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Works Service Area Ordinance Amending Section 9.71 of the ITEM NO.: Leslie Stovring City Code Relating to Maintenance of . Through Eugene Dietz Vegetation Requested Action Move to: Approve the second reading of an Ordinance Amending Section 9.71 of the City Code Relating to Maintenance of Vegetation and Providing for Penalties for Violation Thereof. Synopsis The amendment of the City Code relating to maintenance of herbaceous vegetation is to allow the use of native plantings to encourage water conservation and habitat enhancement. This change would give individual residents more choices for conserving water and thus meeting the intent of the Water Surcharge that was enacted in 1997 to encourage water conservation. Background The first reading for the Ordinance was on January 15, 2002. No changes were made to the ordinance since that time. Attachments Proposed Ordinance 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO THE MAINTENANCE OF HERBACEOUS VEGETATION AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. WHEREAS, the City has determined that native plants that are indigenous or naturalized to Minnesota help maintain the natural and floral diversity of the City and provide food, shelter, and special habitat for wildlife. The City also finds that it is in the public interest to allow citizens to choose the type of landscaping on private property. As a protection for the larger community, however, this change in vegetation must be planned and managed. The Council enacts this ordinance to balance the public interest with the public need to ensure proper maintenance of vegetation. Native plant landscaping requires less intensive management than hybrid or traditional landscaping, fewer applications of fertilizer and pesticides, and reduced watering or irrigation. These qualities can lead to conservation of local groundwater resources, less reliance on chemical landscape additives, and lowered concentrations of sediment, chemicals, nutrients, and other non-point source pollutants that run off into local surface water resources resulting in improved water quality. Native plant landscapes also function as buffers between highly sensitive natural landscapes such as wetlands, meadows, woodlands, creeks, and lakes and highly impacted landscapes such as paved surfaces or intensively managed lawns and gardens. When properly designed and maintained these areas of native plants act as a filter and trap the movement of urban stormwater pollutants,minimizing the impacts from surrounding land uses to the City's water resources. NOW THEREFORE THE CITY COUNCIL OF THE CITY EDEN PRAIRIE, HENNEPIN COUNTY,MINNESOTA, ORDAINS: Section 1. City Code Section 9.71 is amended in its entirety to read as follows: "SECTION 9.71.MAINTENANCE OF VEGETATION." Subd. 1. For the purposes of this section, the following tenns shall have the following meanings: (a) Garden: A cultivated area dedicated to growing vegetables, fruits, flowers, ornamental grasses,groundcovers, shrubs and similar plants that were planted in a well defined location. (b) "Native"plants:Native plants are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees and shrubs that are plant species native to or naturalized to the state Page 1 of 4 of Minnesota, excluding prohibited exotic species, as defined by Minnesota Statues Chapter 84D. Native plants do not include weeds. (c) Native Plant Landscape Area: An area where native plants are being or have been planted in a designated area. A Native Plant Landscape Area does not include gardens. (d) Natural Area:A natural area is an area that was purposely left to grow in a natural state and can maintain itself in a stable condition without human intervention and contains trees, shrubs, and native plants, excluding weeds and turfgrass areas that contain more than 50%turfgrass. (e) Ornamental Grasses: Grasses that are not indigenous to the state of Minnesota that are intended to add beauty to a garden. Ornamental grasses do not include turfgrasses or weeds. (f) Turfgrass. Turfgrass means commercially available cultured turfgrass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. (g) Weeds. Weeds are (i) noxious weeds as defined and designated pursuant to the "Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as amended from time to time, or(ii) any volunteer plants, such as but not limited to garlic mustard (Alliaria petiolata), spotted knapweed (Centaurea maculosa), or burdock (Arctium minus). For the purposes of this definition, weeds do not include dandelions or clover. The City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. Subd. 2. An owner or occupant of any lot or parcel of land in the City, other than land in the rural district, or agent of any such owner or occupant, shall not allow any herbaceous -vegetation growing upon such lot or parcel of land or growing upon City right-of-way which abuts the lot or parcel of land, including the area between any sidewalk or trail and the curb of the street to grow to a height greater than ten (10) inches or to allow such vegetation to go to seed. Subd. 3. The provisions of Subd.2 shall not apply on private property: (a) To vegetation that is located: (1) on slopes equal to or steeper than three feet horizontal to one foot vertical (3:1); (ii) in Natural Areas; (iii) within fifty feet of a Natural Area; (iv) in a scenic or conservation easement; (v) in a garden; (vi) in City park lands; Page 2 of 4 3 (vii) in a floodplain area designated on the official zoning map; or (viii) within a drainage pond or ditch which stores or conveys stomiwater. (b) To Native Plant Landscape Areas provided that: (i) they are set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; (ii) they are set back not less than five feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if(1)there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or (2) the native plants abut a neighboring Native Plant Landscape Area; (iii) the Native Plant Landscape Area is cut at least once annually between April 15 and July 15 to a height no greater than ten(10)inches; (iv) turfgrass is eliminated and the native plants, trees and shrubs are planted through transplanting or seed by human or mechanical means. Soil erosion should be controlled while the ground is bare of plant growth that is sufficient to inhibit erosion and is the sole responsibility of the owner or occupant; (v) written authorization from the City Manager or his/her designee is obtained for work within conservation or scenic easement areas, including planting,mowing or cutting. Subd. 4. The setback area required by Subd. 3 of this Section shall be composed of regularly mowed turfgrass, garden beds,trees, shrubs,mulch,wood chips,rock and/or gravel. Subd. 5. The Native Plant Landscape Area, Garden or Natural Area shall not obscure, block or impede visual sight lines; regulatory, warning or street identification signs; or street light illumination required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections,trail,pathways and sidewalks. Subd. 6. The City may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement or a right-of- way of a City street to remove the native plants or other vegetation from the right-of-way or drainage and utility easement at no expense to the City. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from public works improvements or snow removal activities within rights-of-ways or drainage and utility easements. Subd. 7. If any such owner, occupant or agent in a lot or parcel of land in the City fails to comply with the height, set back, maintenance, weed, and annual cutting requirements as required by this Section, after notice of such failure has been given by the City, and has not within seven (7) days of such notice complied, the City shall cause such vegetation to be cut, removed and/or treated for weeds and the expenses thus incurred shall be a lien upon the lot or parcel. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from enforcement of this ordinance. The City Clerk shall certify to the County Auditor Page 3 of 4 • of Hennepin County a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. Section 2. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after is passage and publication. FIRST READ at a meeting of the City Council of the City of Eden Prairie on the day of , 2002, and finally read and adopted and ordered published at a meeting of the City Council of said City on the day of ,2002. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. Page 4 of 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.200 • 2- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO.3-2001 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 3-2002 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of February,2002; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 3-2002 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 3-2002, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed.copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 3-2002 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20)days after said publication. ADOPTED by the City Council on February 5,2002. Ronald Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A SUMMARY OF ORDINANCE 3-2002 AN ORDINANCE AMENDING SECTION 9.71 OF TH te, CITY CODE IN ITS ENTIRETY RELATING TO THE MAINTENANCE OF HERBACEOUS VEGETATION AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. The following is only a summary of Ordinance No.3-2002. The full text is available for public inspection by any person during regular office hours at the office of the city clerk: Application The City has determined that native plants that are indigenous or naturalized to Minnesota help maintain the natural and floral diversity of the City, and provide food, shelter and special habitat for wildlife As such, it is in the public interest to encourage landscaping that incorporates native plants. The ordinance regulates vegetation on private property and helps to balance the public interest with the public need to ensure proper maintenance of all types of vegetation. The ordinance applies to all landowners or occupants. Defmitions The definitions provide for the creation of native plant landscaping and defines native plants as distinguished from ornamental grasses, turf grass,weeds or a garden. Maintenance Requirements All landowners or occupants must maintain the herbaceous vegetation growing upon their lot or parcel of land. Specifically, all vegetation must be maintained at a height no greater than ten(10) inches. There are numbered exemptions to the maintenance requirement for certain types of vegetation and for owners or occupants that establish native plant landscape areas. The ordinance details the requirements for establishing a native plant landscape area as well as the maintenance that is required for those areas. Other Provisions Vegetation is not permitted to obscure, block or impede city signs, street lights, or the safety of vehicles and pedestrians on streets, trails, paths and sidewalks. The City may require an owner or occupant who has native plants or other vegetation within a drainage or utility easement or right of way of a city street to remove the vegetation at no expense to the City. In addition, the City will not be responsible for damage to any turf grass or landscaped areas resulting from public works, improvements, or snow removal activities. Penalties If any owner, occupant or agent of a lot or parcel of land fails to comply with the maintenance requirements of this section the City will give notice of the violation and seven days to comply. If the notice is not complied with,the City will cut or remove the vegetation and any expenses incurred will become a lien upon the lot or parcel. That amount, with interest, will be entered as a special assessment against the lot or parcel and be collected in the same manner as real estate taxes. City Code Chapter 1 and Section 9.99 are adopted in their entirety by reference. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager Carl J. Jullie Ordinance amending City Code Chapter 2 I Requested Action Move to: Approve the second reading of an Ordinance amending Chapter 2 relating to Boards, Commissions and Task Forces Synopsis The primary changes are as follows: • The Community Program Board as been abolished by repeal of Section 2.24 • The Environmental Education Citizen Advisory Commission has been eliminated. • The matters which the Arts and Cultural Commission and the Parks,Recreation and Natural Resources Commission are involved have been revised. • Section 2.28 relating to the Heritage Preservation Commission has been repealed. However, the text of the section has been inserted in Section 2.23, subd.D and subd. 3. • All references to Citizen Advisory Commissions have been deleted. The Citizen Advisory Commissions are now referred to as Commissions. Background At a December 4, 2001, Workshop the Council directed the City Attorney to draft changes to the Ordinance relating to Boards, Commissions and Task Forces. These changes were to include elimination of the Program Board due to duplication of efforts by this Board and the Parks and Recreation Citizen Advisory Commission. The duties of the Environmental Education Citizen Advisory Commission,which has been inactive for the past two years due to lack of applicants,were also to be incorporated into the new Park,Recreation and Natural Resources Commission's mission. Attachments Proposed Ordinance l CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTIONS 2.22,2.23 AND 2.25 SUBD.3 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES; REPEALING SECTIONS 2.24 RELATING TO THE COMMUNITY PROGRAM BOARD AND SECTION 2.28 RELATING TO HERITAGE PRESERVATION COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Sections 2.22, 2.23 and 2.25 Subd. 3 are amended to read as follows: SECTION 2.22 BOARDS,COMMISSIONS AND TASK FORCES Subd. 1. Generally.Except as otherwise provided with respect to a Board, Commission or Task Force,the provisions of this Section shall apply to all Boards, Commissions and Task Forces provided in this Chapter 2. Subd. 2. Membership. Members shall be appointed by the Council who shall serve at the pleasure of the Council.Members shall be residents of the City.No member of the Council shall serve as a member. Subd. 3. Terms of Appointment. The terms of members of Boards and Commissions shall be for a period of three years each,provided however,in order to avoid the expiration of the terms of all members on the same date, the term of each member appointed maybe established and stated at the time of the appointment so that an equal or approximately equal number of terms of members shall expire each year after the initial appointment of members and thereafter. Terms shall commence April 1 and shall continue for the terms appointed and until the member's successor has been appointed and qualified.The Council may,but need not,appoint a person for the unexpired portion of the term of a member whose membership has become vacant. No person may be appointed to more than two(2)full consecutive terms,except by unanimous vote of the Council. The term of members of a Task Force shall be determined by the Council at the time the Task Force is established. Subd.4. Vacancies and Removal of Members. A. Vacancies: Membership shall become vacant upon the occurrence of any of the following: 1. Death. The death of a member. 2. Disability. A determination by the Council that the member's physical or mental disability renders the member incapable of service. 3. Resignation. The member's resignation in writing. 4. Absence. A member's absence from three consecutive meetings,unless excused by action of the Council. 5. Change in Residence. Termination of a Member's residence in the City. B. Removal from Office. A member may be removed: 1. Upon Petition of a Board, Commission or Task Force. The Board, Commission or Task Force, by a three fifths (3/5's) vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. 2. By the Council. The Council, by a majority vote of all its members,shall have the authority,in its discretion,to remove any member. Subd. 5. Officers. The Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year.With the exception of the first chairperson,a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. At the time the Council establishes a Task Force it shall choose a chairperson and vice-chairperson to serve for the duration of the Task Force. The chairperson or in his/her absence, the vice-chairperson shall preside at all meetings of the Board, Commission or Task Force of which such person is the chairperson or vice-chairperson. In the absence of a chairperson or vice-chairperson, members of a Board, Commission or Task Force may appoint an acting chairperson to act during the absence. 3 Subd. 6. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings for a Board or Commission. A Task Force shall establish a schedule of regular meetings at its initial meeting. • B. Special Meetings. Special meetings of a Board,Commission or Task Force may be called by the chairperson or any three members of the Board, Commission or Task Force by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Board,Commission or Task Force and give such further notice as required by law. Subd. 7. Rules Governing Meetings. The Board, Commission or Task Force shall be governed by Robert's Rules of Order, newly revised 1990 edition(9th Edition), and the Minnesota open meeting law. Subd. 8. Compensation, Expenses and Appreciation. Members of the Board,Commission or Task Force shall serve without compensation,but may • be reimbursed for out of pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council or the City Manager before they were incurred. The City will coordinate an ongoing program to provide for ,activities and events designed to demonstrate appreciation, express recognition, acknowledge, motivate and provide for social interaction for members of Boards, Commissions, and Task Forces, • • including an appreciation dinner designed to recognize retiring Board and Commission members. SECTION 2.23 COMMISSIONS Subd. 1. Establishment: The following Commissions are hereby established: A. Human Rights and Diversity Commission B. Arts and Culture Commission C. Parks,Recreation and Natural Resources Commission D. Heritage Preservation Commission Subd.2. Duties and Responsibilities.The Commissions shall provide the City Staff and Council, upon request by the Council or City Manager or designee, with advice on a continuing, temporary or interim basis on such LI subjects and matters as requested.In addition, each Commission may act in an advisory capacity as provided hereafter: A. Human Rights and Diversity Commission. The Human Rights and Diversity Commission shall act in an advisory capacity on matters of diversity, civil and human rights, and the Americans with Disabilities Act("ADA")which may include the following: 1. Enlisting the cooperation of agencies, organizations and individuals in the community to promote awareness and appreciation of diversity. 2. Reviewing and investigating alleged ADA violations reported to the City via the ADA Grievance procedures. 3. Working with community volunteers to promote the City's Manifesto and provide response and support to victims of incidents of bias. B. Arts and Culture Commission. The Arts and Culture Commission shall act in an advisory capacity on matters pertaining to cultural, performance and visual art programs and activities supported by the general public which may include the following: 1. Enlisting the cooperation of organizations and individuals in the community to promote community awareness and support of performance and visual arts and cultural activities. 2. Promoting partnerships with art resources throughout the metropolitan area. 3. Providing input to staff on the development of art programs and activities. 4. Providing input to staff on the development of programs that communicate and preserve the City's cultural heritage. 5. Development of operation and maintenance of facilities related to the arts. 6. Studies for the development of facilities related to the arts. 7. Policies relating to the operation of programs and facilities related to the arts. I 5 C. Parks, Recreation and Natural Resources Commission. The Parks, Recreation and Natural Resources Commission shall act in an advisory capacity on matters of development and use of parks and recreation facilities;and recreation programs;preservation of natural resources; and promotion of environmental awareness which may include the following: 1. The acquisition and development of a complete system of parks and recreation facilities in the City, including: a. The development of a System Plan for parks and recreation facilities. b. Recommendations of studies as necessary for the development of such a System Plan. c. Recommendation of policies for the implementation of the Plan. e. Recommendation of a capital improvement program for the implementation of the Plan. f. Recommendation of a site plan for the development of the different parcels of property which will compose the System. g. Review of a development proposal for consistency with the System Plan. 2. The conduct of the complete program of recreation opportunities within the City and charging the Commission with review of development proposals, including: a. Review of proposed and existing recreation programs and advice to the Recreation Staff on programming and the operation of all such opportunity. b. Recommendation of policies to the Council on matters pertaining to the operation of recreation facilities and program. c. Recommendation of an annual budget for the operation of said programs and facilities to the Council in time for inclusion in the budget proposal. d. Cooperation and coordination of recreation and other leisure opportunity and proposals with other City Groups, school groups, community groups, and County, State and Federal agencies that have application within the City. 3. The inventory, preservation and management of natural resources within the City including: a. Making a study and inventory of natural resources in the City. b. Recommendation of plans and policies for the preservation of natural resources in the City. c. Review of land use proposals that conflict with the park and open space plan. d. Making recommendations to the Council for action programs to ensure preservation of natural resources. e. Cooperation and coordination of the environmental programs and proposals with other City Groups, school groups,and County,State and Federal agencies that have application within the City. f. Establishing programs and dissemination of information to better inform and guide environmental choices of residents of the City. g. Making recommendations on management of wildlife to control the number of deer and geese within DNR recommended populations. D. Heritage Preservation Commission. The Heritage Preservation Commission ("Commission") shall have the following duties and responsibilities; in addition to those specified in Section 11.05: 1. The Commission shall conduct a continuing survey of all areas, places, buildings, structures, or objects in the City which the Commission,on the basis of information available or presented to it,has reason to believe are significant to the cultural,social,economic,political,or architectural history of the City. 2. The Commission shall continually survey all areas to determine needed and desirable improvements of older buildings throughout the City, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation,restoration and rehabilitation. 3. The Commission shall work for the continuing education of the citizens of the City with respect to the civic and architectural heritage of the City.It shall keep current a public register of designated and proposed Heritage Preservation • sites and areas along with the plans and programs that pertain to them. 4. The Commission may recommend to the Council the acceptance of contributions offered to the City and to assist the City staff in preparation of applications for grant funds to be made through the City for the purpose of Heritage Preservation. 5. The Commission will on a continuing basis collect and review City planning and development records, documents, studies,models,maps,plans,and drawings to be passed on to the State Historical Society as a permanent record of City history and development. • 6. The Commission shall make no application to the National Register of Historic Places or to the State of Minnesota for the designation of a historic site or district without the consent of the Council. Subd. 3. Membership. Subject to subdivision 6 of this section, each Commission, except the Parks, Recreation and Natural Resources Commission and the Heritage Preservation Commission,shall consist of not less than five and not more than seven(as established by the Council from time to time) members. The Parks, Recreation and Natural Resources Commission shall consist of nine members. The Heritage Preservation Commission shall consist of seven(7)members appointed by the Council. Members shall have a demonstrated interest and/or expertise in historic preservation; be residents of the City; and, if available, at least two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning,real estate,or law) and one(1)member shall be a representative of the county Historical Society. Subd.4.Repealed. Subd. 5.Repealed. Subd. 6. Combining Duties of Commissions. The Council may by a resolution make a Commission inactive by choosing not to appoint members to such Commission. If the Council makes a Commission inactive it may assign the duties of the inactive Commission to any one of the other Commissions. The Council may subsequently by resolution activate an inactive Commission and thereafter appoint members as provided herein. SECTION 2.25 COMMUNITY PLANNING BOARD Subd.3. Membership.The Community Planning Board shall consist of not less than seven(7)and not more than nine(9)(as established by the Council from time to time) members. To the extent reasonably possible, members should represent a spectrum of interests including architecture, land development, real estate, public safety, economic growth and landscape architecture. Section 2. City Code Sections 2.24 and 2.28 are repealed in their entirety. Section 3. City Code Chapter 1 entitled AGeneral Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation@ and Section 2.99 entitled AViolation a Misdemeanor@ are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of January,2002,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2002. Kathleen Porta, City Clerk Ronald Case,Acting Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 3-2001 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 4-2002 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of February, 2002; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 4-2002 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 4-2002, attached hereto as Exhibit A, conforms to M.S. § 33 1A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 4-2002 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. • ADOPTED by the City Council on February 5,2002. Ronald Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk /0 EDIT A SUMMARY OF ORDINANCE 4-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING SECTIONS 2.22,2.23, AND 2.25 SUBD. 3 RELATING TO BOARDS, COMMISSIONS, AND TASK FORCES; REPEALING SECTIONS 2.24 RELATING TO THE COMMUNITY PROGRAM BOARD AND SECTION 2.28 RELATING TO HERITAGE PRESERVATION COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER ONE AND 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of ordinance number 4-2002. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk: Section 2.22-Boards, Commissions, Citizen Advisory Commissions, and Task Forces All references to Citizen Advisory Commissions have been deleted. The Citizen Advisory Commissions are now simply referred to as Commissions. In addition, a provision has been added to subdivision 8 providing a City coordinated appreciation program for members of Boards, Commissions and the Task Force. Section 2.23 - Citizen Advisory Commissions The ordinance amends the title Citizen Advisory Commissions to Commissions and all references to Citizen Advisory Commissions has been deleted and replaced with Commissions. The ordinance amends the Commissions listed in subdivision 1, so that section B is the Arts and Culture Commission, section C is the Parks Recreation and Natural Resources Commission, and section D is the Heritage Preservation Commission. The ordinance further adds, to subdivision 2, a description of each Commission and describes the matters in which each Commission is involved. The ordinance amends subdivision 3,Membership, to provide that membership in the Human Rights and Diversity Commission, and the Arts and Culture Commission shall consist of not less than five and not more than seven members, and membership in the Parks Recreation and Natural Resources Commission shall consist of nine members. The Subdivision further adds the text that was in section 2.28 relating to the Heritage Preservation Commission to subdivision 2 and 3. Subdivisions 4 and 5 have been repealed. Section 2.24-Community Program Board The Community Program Board is abolished and this section is repealed. Section 2.25 - Community Planning Board The ordinance amends Subdivision 3, Membership, to remove the requirement that some members must have experience in particular fields or professions. Section 2.28 -Heritage Preservation Commission The ordinance repeals section 2.28 in its entirety and inserts the text of that section into Section 2.23, Subd.2D and Subd.3. I 1 CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: City Manager, Resolution amending Resolution 2002-08 Carl Jnllie Meeting Places and Times for Boards and ( H- Commissions for 2002 Requested Action Move to: Adopt Resolution amending Resolution 2002-08 Setting Meeting Places and Times for Boards and Commissions for 2002. Synopsis The newly reorganized Parks,Recreation and Natural Resources Commission(PRNRC)will hold its first meeting in April. Under the new structure the PRNRC will meet the first Monday of each month, rather than the first Monday of even months. Attachments Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO.2002- A RESOLUTION DESIGNATING THE OJ 1CIAL MEETING DATES,TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2002. BE IT RESOLVED,that the City Council of the City of Eden Prairie,Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie,Minnesota as scheduled below. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Board of Adjustments and Appeals 2nd Thursday Board of Appeal and Equalization Thursday,April 25 and Tuesday,May 14 (Formerly Board of Review) .City Council 1st&3rd Tuesdays 7:00 p.m. (Workshops 5:00 &Council Forum 6:30) Community Planning Board 2nd and 4th Mondays Heritage Preservation Commission 3rd Monday(March,June and September meetings will be held at the Cummins House, 13600 Pioneer Trail) Human Rights&Diversity Citizen Advisory 2nd Tuesday,January—June and Commission September—November Parks,Recreation and Natural Resources Commission 1st Monday Art&Culture Citizen Advisory Commission 2nd Monday in odd months ADOPTED by the Eden Prairie City Council this 5th day of February 2002. Ronald Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA/DIVIS ON: ITEM DESCRIPTION: LC.01-5547 ITEM NO.: Public Works Services Award Contract for Variable Frequency Drives Eugene A. Dietz for Wells 3,4,5 and 6 VI I ,ri Requested Action Move to: Award contract for Variable Frequency Drives for Well Pumphouse Nos. 3, 4, 5 and 6 to Total Construction and Equipment, Inc. in an amount of $72,240.00. Synopsis Staff developed a Capital Improvements Program to add variable frequency drives to all existing wells in our system. This contract will provide this equipment to the final four wells. The bidding climate is excellent and the low bid is less than one-half of the $150,000.00 estimated cost to perform the work. Background Information Variable frequency drives operate much like a dimmer switch for a light fixture. Adding the equipment to our large well motors has the following advantages: • Optimize well performance. We currently operate 13 wells and in the summer time during peak production periods the influence of one well on another can reduce the overall performance of the well field. These VFDs allow the plant operators the ability to remotely control the rate of pumping of each well and therefore optimize the performance of the entire system. • Reduced energy costs. It takes considerably more energy to start a large motor than it does to run the motor when it reaches operating speed. The VFDs allow a gradual start up that reduces the peak demand and puts us into a lower rate structure with Excel. In fact, Excel Energy has offered rebates to customers utilizing this technology. Although we do not know the specifics for this installation, in prior installations we have realized a pay back in the four to six year range to offset the initial capital costs of the VFD installations. Issues The attached bid summary and letter from our consultant, TKDA, points out that the low bidder —Muska Electric Company—submitted an incomplete bid proposal. This non-responsive bid did not propose a system integrator for the project. A system integrator is actually an individual that will integrate the electronics at the well house with the electronics at the treatment plant to allow • remote control of the VFDs. The other five bidders on the project were able to comply with all elements of the specifications. By awarding the contract to Total Construction and Equipment, Inc., Council will be rejecting the Muska Electric Company low bid as being non-responsive and awarding the contract to the lowest responsible bidder. The funding for this project has been budgeted in the Utility Enterprise Capital Improvements Project Fund. Staff recommends award of the contract to Total Construction and Equipment,Inc. in the amount of$72,240.00. Attachments TKDA Letter Bid Tabulation • G.11-SSRCOUNClL 2002 o1-5547Award Contract 02-05.02.doc TKDA TOLTZ,KING.DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS•PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:651/292-4400 FAX:651/292-0083 January 14,2002 Mr.Eugene A.Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344-2230 Re: Tabulation of Bids Variable Frequency Drives City Project No. 01-5547 TKDA Commission No. 12416-01 Dear Mr. Dietz: Enclosed for your information is the Tabulation of Bids for the Variable Frequency Drives for Well Pumphouse Nos. 3,4, 5, and 6. Six firms submitted bids on January 10, 2002. The bidders along with their bids are listed below. BIDDER BID Muska Electric Company $64,050 Total Construction and Equipment, Inc. $72,240 Automatic Systems Co. $74,521 Vinco, Inc. $85,859 Newscope Technologies $90,575 Tech Electric of Minnesota, Inc. $92,474 Two of the bids must be rejected as Newscope Technologies, Inc. failed to include the required bid bond with their bid and Muska Electric Co. submitted an incomplete bid proposal as the system integrators work was not included in their bid price. The bidders on this project were required to use any one of four named system integrators and to use Allen-Bradley or G.E.Variable Frequency Drives as the utility currently utilizes both of these drives in their well pump motors. The bidders could, at their option,provide a deduct price for using another brand of Variable Frequency Drive for City consideration. An Equal Opportunity Employer 3 Mr.Eugene A.Dietz City of Eden Prairie January 14,2002 Page 2 The City has the right to award the Contract to the lowest responsible bidder under the Base Bid or the lowest responsible bidder on any of the Alternate Bid Proposals. TKDA Staff has checked references,bid submittals,and equipment offered by the four bidders who submitted complete bid proposals and find the bidders to be responsible and that their bid submittals meet the requirement of the Project Specifications. The City received very favorable bid proposals for this project and in order to provide the utility with Variable Frequency Drives for Well Pumphouse Nos.3,4, 5, and 6,which match the Variable Frequency Drives currently in service in their other Well Pumphouses,it is our recommendation that the City award a contract to Total Construction and Equipment,Inc.for an amount of$72,240 to furnish and install the equipment and material specified for this project. Should you have any questions,please contact me at 651/292-4484. Sincerely, 4,4 a Verne E.Jacobsen,P.E. VEJ:art Enclosure • --s 3 as — — ocmocuoa) o iai' L �. • L r cU cU c � _ N E r ;ate ES O 2 p O c O U 0 0 O c0 Oi ~ C Q- o C m C o c a cm 0 th :� Q Y Cn Y Es co 00 N ill a) ..LQ r r 1 m > all /i. ! E E a) I I . 3 tom,, O w Ti O O cU I. I it7 (I) +"L . � C U C C c C , ` 1 . _% 0 .0 0 0 0 . - U cU U U c j• ,, C E C C c Cl)E _ _ _ _ 7 : Z O 7 O r Q co I,: e L, c F 0 0 .2" 0 - y- O ;: e.i a r. p es' U 0 ' p U V J U U U `:v` a) -a U) a) U) Z as aa)) U) :::i 2 • W 2 • LU W L I -, W 13 $.`- ['' m• m m L as k: t�>:: ,P. C L C a) .._, L r,rop I t 4 t, .. Q 0 Q 0 0 0 0 O Lt xsl..t:'n;�'i; C 1 O O O C) CD co (U co co O O O O 0. UO d0' N 10 N. N. 0 a) i O N UA CO s •cr U O (3 to f9 H} K} d) U fr w of ®" Y T T T T T T 0) ®i, 2 C as p O (0 ®a a`)) a) a) aa)) U) o >- >- >- >- Z >- .4 CO Fr: a Cavi C i Oa'' Us > Crj (0 Y•. E ci a 4.% m O :G .- c a) a = L. V O C ^ c w cn o ° O C d E ' C U o c 0 •0 '~ d C) ._ ^ E o c w > C 3 3 2 o c E c c 0 O O � O it; p ; 0 0 y7 L Q L • U (/) �— ri (f) O 3 as LI. - Y, a) C U U O U 0 IL co w `O E p O m .fl . cv U E U W E n alQ. d „ can as O 0 3 o p — I— CO — iirk 2 I- < > Z I- < > m > �S w NE cn co CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: \ ITEM NO.: Public Works Services Approve Third Amendment to ADC T. Eugene A.Dietz Development Agreement • Requested Action Move to: Approve third amendment to Developer's Agreement to ADC Telecommunications, Inc. Synopsis The singular modification to the Developer's Agreement would change completion of the Technology Drive roadway improvements from November 30, 2002 to November 30, 2003. ADC prefers to delay this expenditure by one year in recognition of the current economic conditions. Staff supports the request and believes the delay will not be a significant impediment to our transportation needs in the community. Attachments Third Amendment to Developer's Agreement • Tel: 952.917.1300 I Fax: 952.917.0633 Ip ' January 24, 2002 • Mr. Carl Jullie City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Developer's Agreement by and between ADC Telecommunications and the City of Eden Prairie Dear Mr. Jullie, ADC (the Developer under the agreement listed above), hereby requests the City to agree to a modification of the first sentence of section 4.G. of the existing Developer's Agreement, as previously amended by the First Amendment to the Developer's Agreement, to read as follows: "Developer shall substantially complete the Road Improvements by November 30, 2003 subject to Unavoidable Delays." The substance of the proposed modification is a 12-month extension of the date for the completion of the construction of the road improvements described in the amended Developer's Agreement. Attached for your review is a copy of the proposed amendment to the Developer's Agreement that contains the proposed modification. Should you have any questions regarding this request please contact me. Thank you and the City Council, for your consideration of this request. Sincerely, David W. Foley Sr. Director, Global Workplace Solutions Attachment c: Gene Dietz Director of Public Works, City of Eden Prairie Street Address: 13625 Technology Drive, MS 54, Eden Prairie, MN 55344 Mailing Address: P.O. Box 1101, Minneapolis, Minnesota 55440-1101 World Headquarters: Minneapolis, Minnesota USA +1.952.938.8080 www.adc.com THIRD AMENDMENT TO DEVELOPER'S AGREEMENT ADC TELECOMMUNICATIONS,INC. This Third Amendment to Developer's Agreement is entered into as of this 5th day of February, 2002, by ADC Telecommunications, Inc., a Minnesota corporation hereinafter the 'Developer" and the City of Eden Prairie, a Minnesota municipal corporation hereinafter the "City." RECITALS: A. Developer and City entered into a Developer's Agreement as of July 20, 1999, (the "Developer's Agreement"). B. The parties entered into the First Amendment to the Developer's Agreement on September 18, 2001. C. The parties entered into the Second Amendment to the Developer's Agreement on May 15,2001. D. Section 4 of the Developer's Agreement provides for the design and construction of certain Road Improvements. E. The parties wish to amend the first sentence of paragraph G. of Section 4 of the Developer's Agreement by extending the deadline for substantial completion of the Road Improvements. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings,the parties agree as follows: The Developer's Agreement is further amended by replacing the first sentence of paragraph G. entitled "Completion Date" of Section 4 entitled "Road Improvements" with the following sentence: 4. Road Improvements: G. Completion Date. Developer shall substantially complete the Road Improvements by November 30,2003, subject to Unavoidable Delays. /3 Nothing contained herein shall amend or modify the rights or responsibilities of the parties with respect to the Tax Abatement Agreement entered into between the parties and dated July 20, 1999. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. ADC TELECOMMUNICATIONS,INC. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens,Mayor Its Carl J. Jullie, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of February,2002,by Nancy Tyra-Lukens and Carl J.Jullie,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of February,2002,by the of ADC Telecommunications,Inc, a Minnesota corporation. Notary Public CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5550 ITEM NO.: Engineering Services Resolution approving the preliminary layout Eugene A.Dietz plan for I-494 from TH 212 to 0.5 miles west of ' L .r East Bush Lake Road Requested Action Move to: Adopt resolution approving the preliminary layout plan for I-494 from TH 212 to one half mile west of East Bush Lake Road. Synopsis Mn/DOT is proposing the expansion of I-494 to provide a third lane in each direction between TH 212 and 0.5 miles west of East Bush Lake Road. The project will also add an auxiliary lane in each direction of I-494 through this portion of roadway. Construction of the project is expected to begin in late 2002 with construction being completed in late 2004. Background Information In the summer of 2000, Mn/DOT reinitiated their efforts to expand I-494 between I-394 and the Minnesota River. This has included updating the Draft Environmental Impact Statement(DEIS) completed in 1992 to a Final Environmental Impact Statement (FEIS) and updating the roadway layouts. Due to funding constraints the current project proposed in the FEIS is a scaled back version of the preferred alternative selected in 1993. The major changes in the plan effecting the City of Eden Prairie include the following: • The proposed plan provides one additional through lane and an auxiliary lane in each direction on I-494. The 1993 Preferred Alternative included two additional through lanes in each direction with no auxiliary lanes. • Westerly ramps to Prairie Center Drive are not included in the proposed plan. • No changes to the I-494 / TH 169 interchange are included in the proposed plan. The 1993 Preferred Alternative included a partial directional interchange at TH 169. • The Washington Avenue Bridge and a westbound I-494 to westbound TH 5 (TH 312) fly-over are not included in the proposed plan. Mn/DOT held a public information meeting for the I-494 project on February 12, 2001 at Central Middle School. The primary issue of concern for Eden Prairie residents at the meeting was the lack of noise walls adjacent to the Topview and Cardinal Creek neighborhoods. Over the past year and a half City staff has been working with Mn/DOT on this issue and on concerns over the reduction in project scope. The following summarizes the status of the key issues in reference to the proposed layout: Noise Walls The FEIS did not document a need for any noise walls in Eden Prairie. However, Mn/DOT -has indicated that they will re-evaluate the noise situation in the design phase of the project to determine if cost effective noise walls can be developed to minimize noise impacts to adjacent neighborhoods. This issue relates to the next phase of the third lane project scheduled for 2007. At that time, expansion of I-494 adjacent to the Topview and Cardinal Creek neighborhoods will commence. Access to west/north I-494 from Prairie Center Drive or TH 212 (Flying Cloud Drive) No new access to 1-494 is being proposed with this project. However, Mn/DOT and the Federal Highway Administration(FHWA) have indicated that there are no fatal flaws in the concept plans recently developed that provide full access to I-494 in the vicinity of TH 212 (Flying Cloud Drive) and Prairie Center Drive. Mn/DOT has also indicated that the proposed third lane project will not preclude a future full access in this location(see attached letter). • • Washington Avenue Bridge The Washington Avenue Bridge is not included in the project due to funding constraints. However, Mn/DOT has indicated that the Washington Avenue bridge will be included with any project that addresses the 1-494/TH 169 interchange. Westbound I-494 to Westbound TH 5 (TH 312)Fly-over The fly-over is not included in the project and its need is a function of the completion of the new TH 312,which is currently not funded and not scheduled,being completed. • I-494/TH 169 Interchange No changes to the I-494 / TH 169 interchange are included in the proposed plan. As a separate initiative Mn/DOT is currently developing a proposed layout that would eliminate the traffic signals on TH 169. The current plan that Mn/DOT has identified for this interchange effectively meets all the needs of the City of Eden Prairie including providing the Washington Avenue Bridge. There is currently no schedule or funding for this project. The project is the first in a series of projects that would result in the expansion of I-494 between I-94 in Maple Grove and the Minnesota River. The following is a list of the projects and Mn/DOT's tentative schedule for construction: ▪ • I-494 from 0.5 miles west of East Bush Lake Road to TH 100 -2003 to 2004 • I-494 between TH 212 and I-394-Begin Construction 2007 • 1-494 between 1-394 and I-94-Begin Construction 2008 • I-494 from TH 100 to 34th Avenue-Not Scheduled(Beyond 2010) Financial Implications The City's share of this project will be approximately $130,000. This is for the portion of the project that will provide a traffic signal at the Prairie Center Drive / I-494 North Ramp intersection(see attached letter). Attachments Mn/DOT 1-494 West Access Letter Mn/DOT 1-494 Cost Participation Letter 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVAL OF PRELIMINARY LAYOUT PLAN FOR I-494 FROM TH 212 TO 0.5 MILES WEST OF EAST BUSH LAKE ROAD (I.C.01-5550) WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 494 (I-494)renumbered as Trunk Highway No.393 within the corporate limits of the City of Eden Prairie, from TH 212 to 0.5 miles West of East Bush Lake Road and seeks the approval thereof; WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled and identified as Layout 1A, 2785- 327; WAEREAS,the expansion of I-494 has been a priority for the City of Eden Prairie; WHEREAS, MnDOT has indicated that this project does not preclude a potential future west access to I-494 in the vicinity of Prairie Center Drive and TH 212; and WHEREAS,MnDOT has expressed a commitment to evaluate if cost effective noise walls can be • developed to minimize noise impact to adjacent neighborhoods. WHEREAS,the improvements contemplated in this project are to the benefit and welfare of the residents and businesses of the City of Eden Prairie; NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie that said preliminary Layout lA for the improvement of I-494 within the corporate limits is hereby approved. ADOPTED by the Eden Prairie City Council on February 5,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk January 28,2002 Gene Dietz Public Works Director 8080 Mitchell Road . Eden Prairie,MN 55344-4485 j Dear Gene, ' At the request of the city of Eden Prairie,MN/DOT and the F Mr,'‘. c z nducted a iN, 7 .0 • flaw evaluation on the additional access concepts developed b; << _ ity for west .ght:r to I-494 in the vicinity of existing TH 212 and Prairie C-; ter Dri ,s. „, m.;' s g was & 1 on January 15th to discuss the different concepts, at w s jl;time n••;i et.. P,v,+q,,a were identified. However,because the concepts are of 1uo0 i(: d detain;wit judo presen *led that greater detail is needed, including horizonta € kii¢ar4i,ent,vc,A)l,l„to; es, and'MAI c modeling,before further consideration of any cor , ` . �' ;:� $ 8 At this time MN/DOT favors concept 2'. This 4 -04.6. 0'1 A0 pear K g)( •me closest t• achieving our desired goals: no adv•.i e ffects P r,.,G1t c , : onal`,,:, c; m,no loss of system- to-system movements, and no ���r�,= � ►, co uo ��1 or •�rt�"" .. In addition, at the request of the city,MN/DOT • =i,,01 t111:• effe ':c0 i i d *lo dd project(2002- 2004) on the proposed interf0 '0,- e YaV•ts. � 1E • lintAl pr 06TM ary details provided 9 by the city to MN/DOT,the q'` o • ea o` t do-: 4t• ,� 47l•e k`i' i the interchange alternatives proposed by e ':, 4,/ , ire '; • jf As the city con Q� R�,,o de, kq , ,, ,4 �rnati e . i ® o n:tion with the FHWA and MN/DOT will . _ � o I � r I .ucce '\oL ' .,f -twig should be scheduled when the hod •fi5 _�+ ; �} �' t 1, •ro { , d tr $� .c modeling are completed. Providm:a,pia'iiii : l•n({k.r6:iii*ITOIrti I d h, VY g HWA will allow a more in-depth review o Niii0, • i"ft 1 1 i Recent wi j�+•� �11 cis ' ti s `�pi 1kAt ii - •(including the Penn Avenue interchange and the 9To •ck I€ O I i`,04 I g 4 lation4 4-en primarily financed with local funds. As the city's 1�aky t is 6,v op:, T,;,4 I 1 `3[ ' '11 determine its potential participation in the project. �i 'se ,11 N) i , 1'ntr ; s'tia 4 of this project,MN/DOT and FHWA will expect the city t o` ta. gn . ¢14. -rc 14 that can be approved. The concepts recently submitted provide ®n`'i on WITsc tI: 4614 and,hopefully, a basis for a design that can produce a project bi,l'OP,ii. g iN 0.. the A 1;eholders. As the ci * tiLx14,;+ k :o develop its plans,MN/DOT will be pleased to participate in the consider. e&jiat i ,v.-'', and comment process on any access modification in the I-494& TH 5/THi4:' .!#1,0- Center Drive interchange area. If you should have any questions or would '.i- ;:$:,;,a r s this issue in further detail,please feel free to contact me. Sincerel ' Thomas O'Keefe Area Manager 9 January 23,2002 Gene Dietz Director of Public Works Services City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mr.Dietz: Over the past year and a half Mn/DOT has been preparing plans to improve I-494. This project includes construction of a third lane in each direction from Highway 5 to Highway 100. A good portion of this project is within the Eden Prairie city limits. The project also includes some work on the local system and is subject to Mn/DOT's cost participation policy. The proposed work at the Prairie Center Drive and north exit ramp intersection is subject to Mn/DOT's Policy and Procedures for Cooperative Construction Projects with Local Units of Government. Mn/DOT has completed a preliminary cost estimate for this work. The city of Eden Prairie's share is approximately$130,000. Enclosed with this letter is a copy of our preliminary cost estimate. The actual cost to the city may change based on actual bids received. Prior to letting,a legally binding agreement between the city and Mn/DOT will be executed outlining the amount and conditions of the city's cost participation. When the city council approves a resolution supporting the preliminary geometric layout,please forward two certified copies of the resolution to me. The copies are needed to process the municipal agreement. Sincerely, Chris Roy Area Engineer Mn/DOT Metro Division CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5543 ITEM NO.: Engineering Services Approve Professional Services Agreement with Randy Newton SEH for the final design of the TH 212/Valley .L Eugene A.Dietz View Road Interchange Area Improvements. Requested Action Move to: Approve Professional Services Agreement with SEH, Inc. for the final design of the TH 212/Valley View Road Interchange Area Improvements. Synopsis Since the preliminary design of the project was approved in June, city staff has been working with SEH,Mn/DOT, and Hennepin County on the development of a preferred layout for the TH 212 / Valley View Road Interchange Area Improvements. This work was recently completed and the next step in the project is to move forward with the final design. The proposed improvement is a cooperative project with Mn/DOT that includes double left turn lanes from Bryant Lake Drive to Valley View Road, a trail that will connect Valley View Road to Bryant Lake Park and replacement of the watermain that has been a continuing maintenance problem. Background Information. In June 2001, City Council approved both a Memorandum of Understanding with Mn/DOT and a Professional Services Agreement for the preliminary design of the TH 212/Valley View Road improvements. The preliminary design work has recently been completed and the next step in the process is to complete the final design. As proposed, the design would be completed in May with construction beginning in June of this year. Also, city staff recently learned that this project was approved for Mn/DOT's FY 2003 Municipal Agreement Program and as result Mn/DOT would provide an additional$500,000 for the project. Financial Implications The final design for the TH 212/Valley View Road Interchange Area Improvements project is estimated at$137,873. Based on the Memorandum of Understanding with Mn/DOT this cost is the responsibility of the City. The preliminary construction cost estimate for the TEL 212/Valley View Road Interchange Area Improvements is$1,350,000. At this time,the proposed funding for the project,including design and construction administration,is as follows: • Trail ($175,000) — this project is jointly funded through a $50,000 Department of Natural Resources (DNR) grant and through the trail improvement section of the City CIP as currently approved. • Watermain ($75,000) — the replacement of the watermain would be an operation and maintenance expense from the City Utility Enterprise Fund budget. • Roadway ($1,100,000) — Mn/DOT has indicated that $400,000 of state funds are available for this project. Mn/DOT is also dedicating an additional $500,000 to the project through • their Municipal Agreement Program. The remaining costs ($200,000) would be the responsibly of the City of Eden Prairie and Hennepin County. It is anticipated that the City costs would come from the existing Major Center Area Improvement Fund. • Design($138,000) - as stated in the Memorandum of Understanding the City of Eden Prairie is responsible for this aspect of the project. • Construction Administration- as stated in the Memorandum of Understanding Mn/DOT will be responsible for this aspect of the project. Attachments Professional Services Agreement • LEP 2 ENGuamtiNGU-SSA,vGsal-s543-nh212-W R-Bryant take Dr tmprav ts' 1-ssa P•opc.�sat far Professional Serikes 2-os.m h,r Butler Square Building, 100 North 6th Street,Suite 710C,Minneapolis,MN 55403 612.758.6700 612.758.6701 FAX January 28,2002 RE: Eden Prairie,Minnesota T.H.212 Ramp Reconstruction and Signal Modifications at Bryant Lake Drive and Valley View Road SEH No.P-EDENP0203.00 10.00 Mr.Randy Newton,P.E. Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Randy: Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to submit this proposal to the City for the referenced project. For your convenience, we will divide this proposal into sections titled Understanding of Work, Scope of Work,Deliverables,Proposed Fee and Schedule. Understanding of Work . • Present traffic volumes and subsequent congestion on the southbound T.H. 212 ramp at Bryant Lake Drive and Valley View Road have necessitated the improvement of the signalized intersections and roadway geometries at the Bryant Lake Drive/Valley View Road and Valley View Road/Flying Cloud Drive intersections. In addition, segments of water main under Bryant Lake Drive will need to be replaced during construction. A graphic outlining the project limits is attached to this proposal and identified as Exhibit A. The proposed project includes: ➢ Reconstruction of the southbound T.H. 212 ramp to Valley View Road to provide a double left turn lane. ➢ The removal of Bridge#28087 median to allow re-striping of lanes for better lane utilization at the east and west ramp terminal. ➢ A signal inter-connect project along Valley View Road. ➢ Construction of a pedestrian/bike trail along Bryant Lake Drive. ➢ City water main improvements. The project objective is to increase ramp capacity to prevent ramp queuing onto southbound T.H. 212. In addition, lane utilization improvements on T.H. 212/Valley View Road will increase the capacity of the ramp terminal intersections. 3 Randy Newton,P.E. January 28,2002 Page 2 The project will be a cooperative effort between Mn/DOT, the City of Eden Prairie and Hennepin County. SEH will provide construction plans and specifications that are subject to Minnesota State Aid design standards. Scope of Work Work shall be done in accordance with the City's General Conditions Consultant Agreement. A copy of this document is included as Exhibit B. This section of the proposal summarizes the major work items that are included in the original scope of the project. 1. Utilize the City's horizontal and vertical datum. 2. Acquire all public and private utility as-built plans from Gopher State One Call, in the area identified in Exhibit A. 3. Survey existing topography including bridges, signals, culverts, sewer invert elevations and tie- in previous wetland delineation performed August 2001. 4. Complete 24-hour intersection approach traffic counts. 5. Inventory existing traffic control signage and pavement markings. 6. Acquire soil boring information from Mn/DOT and coordinate supplemental soils boring, if necessary. 7. Identify a structural pavement section and proposed subgrade excavation as per the soils information. 8. Establish proposed vertical and horizontal alignments for the relocation of Bryant Lake Drive as identified in Exhibit A. 9. Design all proposed roadway geometries to meet State Aid criteria for a minimum speed of 30 miles per hour. 10.Determine storm sewer catch basin and manhole locations, invert elevations, sewer pipe sizes and slopes. 11.Design retention/NURP pond(s)to treat storm water runoff. 12. Incorporate the bike trail alignment and profile on Bryant Lake Drive into the roadway design plans. 13.Establish vertical and horizontal alignments for the proposed water main crossing beneath Bryant Lake Drive. 14. Layout two (2)revised traffic signals and two (2) signal inter-connect designs. 15.Review and coordinate structural design needs as identified by Mn/DOT for tying Valley View bridge decks together as per geometric revisions necessary on Valley View Road. 16.Prepare an Engineer's Estimate of Cost that includes quantities and average unit bid prices. 17.Provide project specifications and bidding documents. 18.Provide an advertisement for bids, tabulate contractor bids and assist the City throughout the bidding process. 19.Research the project contractors and draft a bid award recommendation. 20.Apply for project permits. • 21.Draft Signal Justification Reports for signal revisions necessary on Valley View Road. 22.Draft Project Memorandum for proposed project. • LI Randy Newton,P.E. January 28,2002 Page 3 23.Revise construction plans and project specifications as per City, Mn/DOT, and agency comments. Deliverables We will deliver the items listed below to the City. 1. Four(4) copies of the 100%complete construction plans in 11 x 17 format. Construction plans will include a title sheet, general layout, typical sections, construction details, topography and utility plans,roadway plans and profiles, drainage plans, turf establishment and erosion control, pavement marking, proposed signing, traffic signals and inter-connect design, water main design, cross sections and a traffic control plan. 2. Four(4)copies of bound project specifications. 3. Four (4) copies of the Engineer's Estimate of Cost which includes construction items, units, quantities and average unit bid prices from other similar projects recently constructed. 4. A compact disc containing all electronic files necessary for reproducing the construction plan set in AutoCad format, the project specifications in Microsoft Word format, and the Engineer's Estimate of Cost in Microsoft Excel format. 5. One (1)set of drainage area maps and hydraulic computations. 6. One (1)set of construction plans in 22 x 34 mylar format for record drawings. • 7. One (1)set of construction plans in 11 x 17 format for record drawings. We will deliver the items listed below to Mn/DOT. 1. Fifteen(15)copies of the complete construction plans in 11 x 17 format. 2. Fifteen(15)copies of bound project.specifications. 3. Two(2)copies of the Engineer's Estimate of Cost. 4. Two(2)sets of drainage area maps and hydraulic computations. 5. Two(2)copies of the Soils/Geotechnical report. 6. Two(2)copies of all Right-Of-Way documentation. 7. Two(2)copies of all approved permits. Proposed Fee In order to satisfy the City's expectations, and based on our current billing rates and expenses, we estimate our not-to-exceed fee for this project to be $137,873. Billing for our services will be on an hourly basis.We will only proceed with additional work following your authorization. A task hour budget is attached to this proposal and titled Exhibit C. Randy Newton,P.E. January 28,2002 Page 4 Schedule Upon receiving authorization to proceed, we will immediately assign staff to this project to commence work.We estimate the project will adhere to the following schedule: Task Date City Authorization February 6,2002 Plans and Specifications April 1,2002 Plan Review and Revisions April-May,2002 Receive Bids May 31,2002 Award Contract June 18,2002 Complete Construction November 30,2002 This letter proposal along with the attached General Conditions represents the entire understanding between the City and SEH with regard to the project. We are looking forward working with the City on this project. If you have any questions,please feel free to contact me at 612.758.6805 at your earliest convenience. If this proposal is acceptable,please sign in the space provided below and return one signed copy to this office. The signed copy will serve as the accepted proposal and authorization to proceed. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Jason P. Sprague,P.E. David C. Halter,P.E. Project Manager Client Service Manager Attachments: Exhibit A:Project Location Exhibit B: General Conditions Exhibit C: Task Hour Budget Accepted this day of ,2002 By the City of Eden Prairie Nancy Tyra-Lukens,Mayor Carl Jullie,City Manager \trample\civileivillpraposalsleden prairielvalley view ramp proposaLdoc 1. .• irt, . 1,1, 0,..... . - tlib, - ,,, ' i' l V i t / , / q ytD bra `-'.I 1/,4, , it: ../ . ' -K.4k,y. i al VjFw RO 1 )f .1 : ) \ \' ? ', CO ,./ 7 \ I 4:•' ' 101 . ,V // iiitutar \ t 7 •,, 'N .•' .. . , / ' . ." ',,, yir'•';- ,,,,. \ , ' `1.-----T-: t / to 4%, 4'1 )� RD • ' \ VIEW . - , -�'�V ALLEY /;// I T.A 212 „..2 ,. �✓� j � j/i d 1 ,#/#" ''' '''' 0 / Lr','.4 '',, ,NILLur 1144b :tl aUQ mA.sei APPENDIX A Ailii T.H.212 RAMP RECONSTRUCTION AND SIGNAL MODIFICATION CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement • SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by 1.1 City will provide to Consultant all known information Consultant to enable performance of work without delay or regarding existing and proposed conditions of the site or which interference,and upon request of Consultant,to provide a suitable affects the work to be performed by Consultant. Such workplace. information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous 2.6 City will be responsible for locating and identifying all laboratory analysis results,written reports,soil boring logs and subterranean structures and utilities. Consultant will take applicable regulatory site response(Project Information). reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City and/or 1.2 City will transmit to Consultant any additions,updates,or representatives of Utility Companies. revisions to the Project Information as it becomes available to City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant 3.1 Consultant may retain at its facility selected soil, water, or within 24 hours upon request, to aid, define, supervise, or material samples for a maximum of 30 days after completion of coordinate work or Project Information as requested by the work and submission of Consultant's report, which samples Consultant. shall remain the property of City. Unless otherwise directed by the City,Consultant may dispose of any samples after 30 days. 1.4 Consultant will not be liable for any decision,conclusion, recommendations, judgement or advice based on any 3.2'Disposal of contaminated or hazardous waste samples is the inaccurate information furnished by City, or other responsibility of City. After said 30 days,City will be responsible subcontractors or consultants engaged by City. to select and arrange for lawful disposal procedures that include removal of samples from Consultant's custody and transporting SECTION 2: SITE LOCATION,ACCESS,PERMITS, them to a disposal site. City may request, or if City does not APPROVALS AND UTILITIES arrange for disposal, Consultant may deliver samples to City, freight collect,or arrange for lawful disposal and bill City at cost 2.1 City will indicate to Consultant the property lines of the site plus 15%. and assume responsibility for accuracy of markers. SECTION 4: FEE PAYMENT/CLAIMS 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges 2.3 City will be solely responsible for applying for and based on the current Consultant Fee Schedule or other documents obtaining permits and approvals necessary for Consultant to as attached. perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is 4.2 To receive any payment on this Contract,the invoice or bill understood that City authorizes Consultant to act as agent for must include the following signed and dated statement: "I declare City for City's responsibilities under this section including under penalty of perjury that this account,claim,or demand is just signing certain forms on City's behalf such as Right-of-Way and correct and that no part of it has been paid." forms. 4.3 The balance stated on the invoice shall be deemed correct 2.4 While Consultant will take reasonable precautions to unless City notifies Consultant,in writing,of the particular item minimize any damage to property,it is understood by City that that is alleged to be incorrect within ten(10)days from the invoice in the normal course of the work some damage may occur. The date. Consultant will review the alleged incorrect item within ten correction of any damage is the responsibility of City or, at (10) days and either submits a corrected invoice or a statement City's direction,the damage may be corrected by Consultant indicating the original amount is correct. and billed to City at cost plus 15%. Notwithstanding the above,Consultant agrees to be responsible for damage caused 4.4 Payment is due upon receipt of invoice(or corrected invoice) by Consultant's negligence. and is past due sixty(60)days from invoice date. On past due City of Eden Prairie General Conditions Exhibit B Consultant Agreement Deeember2000 Page 1 of4 • accounts,City will pay a finance charge of 1.5%per month on acquires,uncovers,or generates in the course of performing the the unpaid balance,or the maximum allowed by law,whichever work, except as and to the extent Consultant may, in its sole is Iess,until invoice is fully paid. discretion,deem itself required by law to disclose. 4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City,the Consultant relieved of any and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business. by the default or termination of the agreement. 6.2 City will pay all reasonable litigation or collection expenses 4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement. from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed, however. Consultant makes no representations or guarantees dropped,or for which judgement is rendered for Consultant,City as to what fund reimbursement City may receive. Consultant will pay Consultant for all costs of defense, including attorney shall not be liable for any reductions from reimbursement fees,expert witness fees and court costs. programs made for any reason by state or federal agencies, except as may be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, dropped,or for which judgement is rendered for City,Consultant 4.7 City may withhold from any final payment• due the will pay City for all costs of defense, including attorney fees, Consultant such amounts as are incurred or expended by the expert witness fees and court costs. City on account of the termination of the Contract. 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed All claims, disputes and other matters in question (hereinafter pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or City,and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof,shall be subject made by others. to mediation. If the parties have not resolved the dispute within thirty(30)days of receipt of a written complaint,each party may 5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten(10) days following a will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be used by City for any purpose. appointed by the Fourth Judicial District Court. The parties agree • to share equally all fees incurred in the mediation. 5.3 Unless otherwise agreed,Consultant will retain all pertinent records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8) a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are During that time the records will be made available to City private and confidential. If,at the end of eight hours of mediation, during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to reproducible copies of all software,manuals,maps,drawings, extend hours of mediation. logs and reports at cost,plus 15%,for data and materials not being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties excerpts of a report constituting less than the entire report,or asserting the same claims entitlement to damages or payment of to mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate may be decided by arbitration report. in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the 5.5 Consultant will consider Project Information as confidential parties mutually agree otherwise. In the event any person shall and will not disclose to third parties information that it commence an action in any court for any claim arising out of or City of Eden Prairie General Conditions Exhibit B Consultant Agreement December 2000 Page 2 of relating to this Agreement or the breach thereof or the Project reasons beyond Consultant's control. or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others_ and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent,guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. . made. Except that Consultant warrants that hardware and • software will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other City of Eden Prairie General Conditions Exhibit B Consultant Agreement December 2000 Page of ! 0 SECTION 11: ASSIGNMENT 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neither party may assign duties,rights or interests in the extent the Act is applicable to data and documents in the performance of the work without obtaining the prior written possession of the Consultant. consent of the other party, which consent will not be unreasonably withheld. SECTION 18: DISCRIMINATION SECTION 12: DELAYS In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color,creed, 12.1 If Consultant is delayed in performance due to any cause religion,national origin,sex,marital status,status with regards to beyond its reasonable control, including but not limited to public assistance,disability,sexual orientation,or age against any strikes,riots,fires,acts of God,governmental actions,actions employee of the Consultant,any subcontractor of the Consultant, of a third party, or actions or inactions of City,the time for or any applicant for employment. The Consultant shall include a performance shall be extended by a period of time lost by similar provision in all contracts with subcontractors to this reason of the delay. Consultant will be entitled to payment for Contract. The Consultant further agrees to comply will all aspects its reasonable additional charges,if any,due to the delay. of the Minnesota Human Rights Act,Minn. Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with SECTION 13: EXTRA WORK Disabilities Act of 1990. 13.1 Extra work, additional compensation for same, and SECTION 19: CONFLICTS extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any No salaried officer or employee of the City and no member of the extra work or related expenditures. Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the SECTION.14: WITHHOLDING TAXES Contract void. Any federal regulations and applicable state statutes shall not be violated. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that SECTION 20: ENTIRE AGREEMENT the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat.290.92 relating to withholding of 18.1 This Agreement contains the entire understanding between income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE City of Eden Prairie General Conditions Exhibit B Consultant Agreement December MOO Page4of4 I! o m 1 - __$i," 8 8 8 8 8 $ 8 8 8 8 8 - ;- 8 8 18 n 8 8 8 O' O n - O O O G N N Cf G O A < Id O < Ni N G N G ni N .U "b'- m o m 0 0 o IF.' n M Oa _ H N N N H H N 4M w a A:_ W C 1 d0 0 - - ,A _g., -a d p.. ;IA- N 3. cS d $ o is U y, H a y. e u 8 8 zE 1ppQV 8 $ • 8 8 8g - • • IA - ,, 4� F if t �. p p p p p p p 8 8o m g N8 NN 8 8 8 .TGCCGC23 A C G g3 A H ' C0 O '. OOOO N H N N N N • NH H H . �',, 4 N . H H N H H + . R.'a Nlt 8 'f'.p i o-. N • x .. 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X uE o c a = •s m a- _ m s $ o o 5 � - c W 3 asi `o E a ❑ ❑ E _ - 2 c' co u o - o o $ -mi - c j, a ae o 0 $ c •o —c •• - 6 15' ' CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5474 ITEM NO.: Engineering Services Receive Feasibility Report and Set Public Alan D. Gray Hearing for Crestwood Terrace Area Street 71111)1 Eugene A.Dietz and Utility Improvements Requested Action Move to: Adopt resolution setting a public hearing for Crestwood Terrace Area Street and Utility Improvements (I.C. 98-5474) for 7:00 P.M.,March 7, 2002. Synopsis With the assistance of SEH, Inc., the City Engineer has prepared a feasibility study for street and utility improvements serving Crestwood Terrace and adjoining properties. A public hearing is the next step in the consideration of these improvements. Background Information In response to a petition for street and utility improvements in 1998 from residents of Crestwood Terrace Area, Council authorized the preparation of a feasibility study. A study has been completed and based on neighborhood meetings and surveys there is substantial support to proceed with improvements based on proposed assessments. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, recommending the following improvements to wit: I.C.98-5474—Crestwood Terrace Utility and Street Improvements NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the March 7,2002 at 7:00 P.M. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on February 5,2002. Ronald Case,Acting Mayor • ATTEST: SEAL Kathleen A.Porta,City Clerk 1 CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5553 ITEM NO.: Engineering Services Temporary Permit to Construct with MnDOT MT- �) Alan D. Gray • Eugene A.Dietz Requested Action Move to: Approve temporary permit to construct for MnDOT within City storm water facilities north of Viking Drive. Synopsis As part of the addition of the third lanes to I-494 between TH212 and TH100, MnDOT proposes to construct new storm sewer facilities for a portion of this segment that will discharge to existing City ponds located north of Viking Drive. These ponds now treat storm water from Viking Drive and adjacent commercial facilities and discharge to Smetana Lake. In order to treat all storm water received by the ponds to NURP standards, MnDOT will increase the dead storage capacity of the ponds and reconstruct outlet pipes. Background Information These storm water ponds were constructed during development which occurred in the 1980's. No significant maintenance has been performed on these ponds since their initial construction. Currently the storm water from this section of I-494 discharges untreated to the watershed of Anderson Lakes. After construction the storm water from this section will be fully treated and discharged to Smetana Lake. Attachments Temporary permit to construct Sketch of Viking Ponds preliminary design TEMPORARY PERMIT TO CONSTRUCT C.S. 2785(494=494)906 Parcel 223C Dated: November 26, 2001 County of Hennepin The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 494 in Hennepin County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County, Minnesota, described as follows: Parts of Property Identification Number: PIN 12-116-22-33-0006 13-116-22-21-0010 13-116-22-21-0012 As shown on Exhibit A. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. 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'1,t,„: , . v,..,', ,x,4,,... „t:„,... • ‘ - .•...i.'....Jt .,,,t• ....:14,,c .,43, „,.. . ,,A 41-: ,:... :-.1:4.1.',.:-...-• ;,..,•!..,' ......`7:-r„'W;;;:P.r.,Y-: ''.. • • .1 ' Ai'. .4/,..,••A ''.0. A,, '''.;•• -, --..,,,,... .. ' A .. .,. SRF IM494 VIKING PONDS PRELIMINARY DESIGN • :onsulting Group,Inc. LOCATION MAP LIN 0111.1121%.17C211.NN 3 CITY COUNCIL AGENDA DATE: February 5,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5541 ITEM NO.: Engineering Services Approve Master Lease Agreement with Xcel Rodney W.Rue Energy for Installation of EVP Equipment on . Eugene A.Dietz Street Lights Requested Action Move to: Approve Master Lease Agreement with Xcel Energy for installation of Emergency Vehicle Pre-Emption(EVP)Equipment on streetlights. Synopsis This agreement allows for the installation of EVP detectors on Xcel Energy owned street lights. As part of the recently awarded contract for installation of EVP equipment on various traffic signals, there were a couple locations where attachment of EVP detectors on streetlights was necessary. The location of EVP detectors is critical to the operation of the Emergency Vehicle Pre-Emption system,particularly on curves approaching a signalized intersection. Background Information This agreement was reviewed by the City Attorney's office. Some language changes were suggested to Xcel Energy and are hereby incorporated into the agreement. There is a $300.00 preparation and execution fee associated with this agreement. However, there is no lease fee for the attachment of EVP detectors within the City of Eden Prairie. Attachments Master Lease Agreement • MASTER LEASE AGREEMENT THIS MASTER LEASE AGREEMENT("Agreement")is entered into as of the day of 2002 by and betweenNorthem States Power Company,a Minnesota Corporation d/b/a Xcel Energy("Xcel Energy")and the City of Eden Prairie("City"),its successors and assigns,for the leasing of certain property interests as designated in the appended Asset Permit Application("APA")to this Master Agreement pursuant to the following terms: RECITALS WHEREAS,Xcel Energy owns,controls or uses structures,poles,towers,ducts,conduits,and right-of-ways ("Assets")for providing electrical services to Xcel Energy's customers; WHEREAS,Cityproposes to install communications equipment("Equipment")on Xcel Energy Assets; WHEREAS,City wishes to lease from Xcel Energy on anon-exclusive basis certain portions of Xcel Energy's Assets for the purpose of locating such Equipment on Xcel Energy's Assets within the City of Eden Prairie. WHEREAS,Xcel Energy is willing to permit the location of said Equipment on Xcel Energy Assets within the City of Eden Prairie; NOW THEREFORE,in consideration ofthe mutual covenants contained in this Agreement and other good and valuable consideration,the receipt and sufficiency ofwhich are hereby acknowledged,the parties agree as follows: • 1. MASTER LEASE AGREEMENT. Subject to the terms and conditions contained in this Agreement and the APA relating to the Asset,Xcel Energy leases to City that portion of the Asset as described on the APA.City's equipment and facilities shall be located on the Asset as described in the APA and in accordance with the terms of this Agreement.City shall prepare an APA on the form marked Exhibit A,attached hereto,and made apart hereof,when applying for permission to make attachments to any Asset owned byXcel Energy.An APA is intended to provide Xcel Energy with information necessary for a technical review of the Asset prior to permitting City to attach to that Asset.The original APA plus two copies of the signed Agreement shall be forwarded to Xcel Energy along with a non-refundable preparation and execution fee of$300.00. In the event of a conflict or inconsistency between the terms hereof and the terms of a particular APA,the terms of this Master Agreement shall govern and control for that Asset. Cityshall reimburse Xcel Energy for all costs and expenses associated with the technical review of the APA. /24127 0 2 11 07 All 1 2. USE. 2.1 Citymust,at City's sole expense,complywith all laws,orders,ordinances,regulations and directives of applicable federal,state,county,and municipal authorities or regulatory agencies,including,but not limited to,the Federal Communications Commission("FCC"), the Federal EnergyRegulatory Commission("FERC"),the Occupational Safety andHealth Administration("OSHA"),the National Electric Safety Code("NESC")and the National Electrical Code("NEC"),as they relate to the operation of City's equipment and the use of Xcel Energy's Asset. 2.2 City's equipment,in each and every location shall be erected,installed,maintained and removed in accordance with the requirements and specifications of Xcel Energy,the National Electric Safety Code, Current Edition, or any revisions thereof, and other generally applicable engineering standards and in compliance with any applicable rules, regulations or orders now in effect or hereafter issued by any federal or state commission or any other public authority having jurisdiction. The attached Appendix on "Communications Attachments to NSP Distribution Facilities"covers construction and operating practices to be observed by City. Said practices maybe revised from time to time as changes in operating conditions and experience warrant. 2.3 Upon 30 days written notice,Citymust,at City expense,comply with requests byXcel Energy to rearrange,remove,or transfer its attachments at City's sole expense.Failure to comply within 30 days mayresult in eitherrearrangement,removal,or transferring of City's attachments by Xcel Energy at City's sole expense. 3. IDENTIFICATION TAGS. Citymust attach to its equipment,at each and every attachment, an identification tag meeting specifications determined byXcel Energy. The identification tag must conform to an alphanumeric code which will be provided by Xcel Energy to City. 4. LAND RIGHTS. Xcel Energy does not warrant or extend to the City any right of way privileges or easements in either the public highway or the private property of third parties.Any required land rights or permits shall be the responsibility of the City.Xcel Energy agrees to reasonably cooperate with City, at City's expense,in executing such documents or applications required in order for City to obtain such licenses,permits or other governmental approvals needed for City's permitted use of the Assets. 5. TERM. The initial term of any APA shall be for five years commencing on the date of approval byXcel Energy of the APA.The term of the APA maybe automatically renewed for five year periods unless City provides Xcel Energy notice of non-renewal not less than ninety(90) days prior to the expiration of the APA. I124200211411W 2 3 6. TERMINATION. Xcel Energyh R.c therightto terminate all of City's rights to theAssets leased upon sixty(60)days prior written notice to City ifXcel Energyis prohibitedby any governmental entity from continued use ofthe Asset during the term of-this Master Agreement,ifXcel Energy's right to occupy the Asset is terminated orifXcel Energy determines to abandon orunderground the Asset.Notwithstanding the above,nothingherein contained shall be construed to compel Xcel Energyto maintain any of its Assets for a period longer-than demanded by its own service requirements. City has the right to terminate this Agreement upon sixty(60) days prior written notice to Xcel Energy. 7. FEES. There will be no lease fees for the attachment ofEmergency Vehicle Preemption Detectors ("EVP")within the City ofEden Prairie. Fees for other equipment will be considered on a case-by-case basis. 8. INSURANCE. City shall maintain comprehensive municipal coverage insuring City against liability for personal injury,death or damage to personal property arising out of use of the Asset by City or its employees,its agents or licensees,with combined single limits of not less than Two Million Dollars ($2,000,000).As provided in Minnesota Statutes§466.06,the purchase of general liability insurance shall not constitute a waiver of any governmental immunities or exclusions and shall have no effect on the liability ofthe City or its officers or employees,except to the extent that it may constitute a waiver ofthe limits of governmental liabilityunder Minnesota Statutes§466.04.City shall also maintain fire and extended coverage insurance insuring City's personal property for its full insurable value(subject to reasonable deductibles). City shall provide Licensor a certificate of insurance of such policy or policies at the time of execution of this Agreement and shall continue to provide renewal certificates as they occur. 9. INDEMNIFICATION. City shall indemnify Xcel Energy and save it harmless from and against any and all costs,(including reasonable attorney's fees and expenses),claims,actions,damages,liability and expense in connection with the loss of life,personal injury,and/or damage to property arising from or out of any occurrence in,upon or at the Asset caused by the fault,including negligence,of City or City's employees or agents,except to the extent caused by the negligence or willful misconduct of Xcel Energy, Xcel Energy's agents,or employees.Xcel Energy reserves the right to maintain any Asset it owns and to operate its facilities on said Assets in such manner as will best enable Xcel Energy to fulfill its service requirements.Xcel Energy shall not be liable to City for any interference with the operation of City's equipment arising in any manner out of the use of such Assets hereunder, except for Xcel Energy's negligence or willful misconduct.Xcel Energy intends to exercise reasonable care to avoid causing damage to City's equipment and,in the event of such damage,Xcel Energy shall immediately report its occurrence to City. 10. ASSIGNMENT. City has no right to assign this Agreement,either in whole or in part, to any entity without the prior written consent of Xcel Energy. ,4. „O7 3 -1 11. ENVIRONMENTAL MATTERS. City will notbring to,transport across or dispose of any Environmental Hazards on anyparticularAsset without Xcel Energy's prior written approval except City maykeep on the Assets substances used inbackup powerunits(such as batteries and diesel generators) commonlyused inPCS. City's use of any approved substances constituting Environmental Hazards must comply with all applicable laws,ordinances,and regulations governing such use. 12. AGREEMENT. This Agreement and each APA constitutes the entire agreement and understandingbetween the parties,and supersedes all offers,negotiations and other agreements concerning the subject matter contained in this Agreement There are no representations orunderstandings ofanykind not set forth in this Agreement.Any amendments to this Agreement or anyAPA must be in writing and executed by both parties. 13. CAPTIONS. The captions of thus Agreement are inserted for convenience only and are not to be construed as part of this Agreement or the applicable APA or in any way limiting the scope or intent of its provision. • 14. NOTICE. Any notice or demand required to be given in this Agreement shall be made by certified or registered mail,return receipt requested or reliable overnight courier to the address of other parties set forth below: Xcel Energy: Xcel Energy • Tom Breuckman New Business Development 414 Nicollet Mall GO 5 Minneapolis,MN 55401 cc: Xcel Energy • Bruce Colt Law Department 800 Nicollet Mall,29'Floor Minneapolis, MN 55401 City: City of Eden Prairie Attention:Rod Rue 8080 Mitchell Road Eden Prairie,MN 55344 ,72 %M.0 4 5- cc: Lang,Pauly, Gregerson&Rosow, LTD Attention:Roger Pauly 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Any such notice is deemed received one(1)business dayfollowing deposit with a reliable overnight courier or five(5)business days following deposit in the United States mails addressed as required above. Xcel Energy or Citymay from time to time designate any other address for this purpose notice to the other ply • 15. GOVERNING LAW.This Agreement and each APA is governed by the laws of the State in which the Asset is located. 16. NOT A JOINT VENTURE. Neither this Agreement nor any APA establishes and shall not be construed to establish or create a partnership,joint venture,or other form of business association between City and Xcel Energy. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. CITY By: • Nancy Tyra-Lukens, Its Mayor By: Carl Jullie,Its City Manager XCEL ENERGY By: Name: Title: tarp Zfl 7AY 5 6 EXHIBIT A ASSET PERMIT APPLICATION Permit# (Assigned by Xcel Energy). This Asset Permit Application is made to the Master Lease Agreement between Northern States Power Company d/b/a/Xcel Energy.("Xcel Energy')and City dated 200 . Capital i7ed terms used in this APA have the same meaning as such terms in the Master Lease Agreement unless otherwise indicated. A. To be completed by City: Application is made for a permit to make attachment as follows: 1. Asset Description(include number of proposed attachments): 2. Asset Address(include city or township): • 3. Asset Legal Description and Map: See Attachment 1. • 4. Asset Latitude and Longitude(Approximate): 5. City Contact for Emergencies: 6. Description of Equipment: See Attachment 2 7. Special Provisions: 8. Other Attachee: B. To be completed by Xcel Energy: Permit will be granted as follows: 1. Commencement Date: 2. Description and Number of Attachments: 3. Fees and Term: Refer to Master Lease Agreement 4. Xcel Energy contact for emergencies: • VW=,11 6 7 5. Modifications required: See Attachment 3 CITY By: Telephone#: Name: Fax#: Title: Address: XCEL ENERGY By: Name: Title: ,i21*,77.lt 7 • CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: Wetland Health Public Works Service Area ITEM NO.: Evaluation Program Request Leslie Stovring Vii P Through Eugene Dietz Requested Action Move to: Authorize an agreement with the Hennepin Conservation District for Eden Prairie to be a sponsor of the Wetland Health Evaluation Project Synopsis Hennepin Conservation District (HCD)is soliciting the City of Eden Prairie to sponsor Wetland Health Evaluation Project(WHEP). for a total annual cost of$3,850. This would include establishment of four teams to evaluate four wetlands, one of which would be the Morraine Way pond. Ms. Marcia Turner, a resident adjacent to the Morraine Way Pond, initiated contact with HCD to volunteer for the WHEP program. WHEP involves volunteers in monitoring and evaluating wetlands within the communities that agree to sponsor the project. Staff recommends that an initial 2 to 3 year commitment to the program be given to generate data that will be of value to start assessing the health of the selected wetlands. Background The Wetland Health Evaluation Project(WHEP)is a partnership between Hennepin Conservation District (HCD),Pollution Control Agency(PCA)and Dakota County. The project involves volunteers to monitor and evaluate wetlands within sponsoring communities. It is an excellent tool for both environmental education and collection of natural resource data. The data will be used to monitor how changes in land use impact the wetlands evaluated as well as to educate citizens and decision makers about wetland health in their community. HCD is planning on using the data collected to apply for grants targeted at restoration or enhancement of the wetlands identified in the project in the future. Citizen volunteers will be recruited primarily by HCD through advertisements in local papers and a series of wetland workshops in the community. The stipend provided by the sponsor City will be used to fund the team leader stipend,equipment,volunteer coordination by HCD,quality control by an environmental consultant(URS/BRW)and statistical analysis and reporting. The City will be required to select four wetlands appropriate for the evaluation and provide a staff contact (the Environmental Coordinator) for the project. HCD has provided a request letter and informational worksheet describing WHEP in more detail. One wetland that would be included as a WHEP site would be the Morraine Way pond. Additional wetlands would be selected after approval of the sponsorship. Attachments Wetland Health Evaluation Request Letter from HCD Wetland Health Evaluation Project Summary RIP411.1111911 Hennepin Conservation District Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Wetland Health Evaluation Project(WHEP)Request for the City of Eden Prairie Dear Leslie; Thank you for your interest in the Wetland Health Evaluation Project(WHEP). We are excited that the City of Eden Prairie is considering participating in the second year of this project. Last year we had a very positive response from the volunteers that participated in the project in the Minnehaha Creek Watershed District. In addition to the teams sponsored by the watershed district and the cities of Plymouth,Minnetonka, and Bloomington will also be joining the program in 2002. General Description The Wetland Health Evaluation Project is a partnership between the Minnesota Pollution Control Agency, The Hennepin Conservation District (HCD) and the Dakota County Environmental Education Program(DCEEP) and cooperating cities and watershed districts. In the project, citizen volunteers use biological monitoring criteria established by the MPCA to monitor local wetlands. HCD is the coordinating agency in Hennepin County. The project began in Dakota County in 1998 and was piloted in Hennepin County in 2001. The details of the project responsibilities are as follows: HCD will: • Recruit a team of citizen volunteers and a team leader. Recruitment will be done through a series of wetlands workshops and articles in local newspapers. • Organize three training sessions that will be led by staff from Minnesota Pollution Control Agency. • Oversee this team in the collection of vegetation and macroinvertebrate data and the development of a series of metrics indicating wetland health. The team surveys four wetlands. • Assist the city in the selection of four appropriate wetlands for evaluation. • Manage quality control checks that maintain the integrity of the data:. 1.) Each team provides a cross-check of one wetland done by another team. 2.) The monitoring coordinators make a site visit to each team for a sampling event to insure that proper protocols are used. 3.) BRW/URS, consultant to the project,performs duplicate surveys for three wetlands in each county. • • Publish an annual report,including statistical analysis of the data and quality control that will be completed by consulting firm URS/BRW. • Arrange for the citizen volunteers to present their findings and experiences to the city at the end of the season. 6900 Wedgwood Road,Suite 140 Maple Grove, MN 55311 Telephone(763)420-2157 Fax(763)494-3176 email: hcd©hcd.hennepin.mn.us 141,....,411.11111111 Hennepin Conservation District The City of Eden Prairie would be required to: • Provide$3,850 to HCD for the following expenses: $2,000 for:team leader stipend, equipment, and volunteer coordinators. $500 for: cross checking of wetland by another team $600 for: URSBRW quality control $750 for: statistical analysis and reporting by URSBRW • Assist with the selection of appropriate wetlands for evaluation • Provide a staff contact for the project. If you have any questions or concerns about the project, please contact Tim Reese at the Hennepin Conservation District. (763)420-2157. Sincerely, • Steve Hobbs, Tim Reese, District Manager Environmental Education Coordinator • 6900 Wedgwood Road,Suite 140 Maple Grove, MN 55311 Telephone(763)420-2157 Fax(763)494-3176 email: hcd@hcd.hennepin.mn.us 3 Hennepin Conservation District Wetland Health Evaluation Project Summary Background The Hennepin Conservation District (HCD), the Dakota County Environmental Education Program and the Minnesota Pollution Control Agency (MPCA) are partners in the Wetland Health Evaluation Project (WHEP). This project involves volunteers in the evaluation of wetlands and is an excellent opportunity for both environmental education and the gathering of valuable natural resource information. Wetland conservation and management is one of the most important environmental issues in the rapidly developing Twin Cities metropolitan area. Involving citizens in the collection of valuable wetland data allows the district to provide them with a hands-on opportunity to learn about the function and importance of wetlands and inspire them to assist in the protection of this important resource. 7� 4 - tea y 1;.s asc v'L v , R S 1 @f , _�' L�P� _y y p s';�. '' s x aro' " 4f • A ',r�1'Y�f, E #, J ; f .101 M1, i ',". F' Volunteers adkctingmacrointertebrates f orn a bottle trap at a mid in Medina,2001. Project Description Citizen Volunteers Monitoring Teams The citizen volunteers will be recruited from a network of teachers and citizens who have expressed an interest in volunteer opportunities. As the scientific protocol is fairly rigorous, the volunteers will be adults or high school students with experience in at least one science course. Team leaders will need to have some expertise in natural resources, access to lab space, and knowledge of the local community. The team leaders will be expected to organize the teams and assure high quality monitoring standards. Team leaders will receive a $1,000 stipend for their involvement in the program. 2002Training Sessions (Tentative Schedule as of 1/14/02) May 14th and 15th:Field Monitoring Methods. 5:45-9 p.m. Location TBA Hennepin County June 7th and 8th:Macroinvertebrate Identification. 9-3:30 Inver Hills Community College, Inver Grove Heights June 28th and 29th' Vegetation Identification. 9--3:30 School for Env. Studies, Apple Valley 6900 Wedgwood Road,Suite 140 Maple Grove, MN 55311 Telephone(763)420-2157 Fax(763)494-3176 email: hcd@hcd.hennepin.mn.us 9 MOM Pila Hennepin Conservation District Environmental Measurements Performed Volunteer teams will sample at least four wetlands in the region, performing one macroinvertebrate and one vegetative monitoring sample for each wetland. Each team will make a fifth site visit to a wetland from another group as a quality control and verification method. Sampling and identification will take place from late June to early August. • Invertebrate Measurements • Identification will typically be performed to Family level • Proportion of Corixidae(water boatman)in a bottle trap in relation to the total number of aquatic beetles and all bugs in the sample • Number and type of leeches in pan and bottle trap samples • Tadpoles or larval salamanders in the bottle trap or dipnet samples • Total number of mayflies, plus the number and kind of caddisflies, plus the number of kinds of caddisflies,plus presence of fingernail clams and dragonflies. • Number of kinds of dragonflies and damselfly nymphs in dipnet samples. • Number of kinds of snails • Number of taxa above,plus the number of crusteceans plus the presence of Chaoborus. • Vegetation Measurements • Total number of forbs, woddies and grass-like plants. • Total number of mosses,lichens, liverworts, Chara, and Mitella. • Total number of grass-like plants. • Cover of Sedge (Carex). • Presence of submergents. • Total number of"Aquatic Guild"plants. • Cover of plants with persistent standing litter. Anticipated Uses of Data The data may be used to establish reference wetlands for a larger assessment of wetlands in the county. It will also be used to monitor how changes in land use impact wetlands. Most importantly,the data will be used to inform citizens and decision makers about wetland health in their community. Cities and watershed districts will determine how the data may be of value in planning and implementing goals and projects. The protocol is designed to provide a tool for basic assessment,not for supporting regulatory decisions. Methods The project will use the Minnesota Citizen Wetland Survey protocol developed by Judy Helgen and Mark Gernes, from the Minnesota Pollution Control Agency, for all wetlands in the project. This methodology and protocol were developed specifically for this eco-region and have proven to deliver high quality data over the last three seasons in neighboring Dakota County. For More Information on the Wetland Health Evaluation Project Contact: Tim Reese/Environmental Education Coordinator (763)420-2157 tim@hcd.hennepin.mn.us 6900 Wedgwood Road, Suite 140 Maple Grove, MN 55311 Telephone(763)420-2157 Fax(763)494-3176 email: hcd@hcd.hennepin.mn.us CITY COUNCIL AGENDA DATE: 2-05-02 SECTION: CONSENT CALENDAR SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Dev. and Financial Resolution Authorizing Issuance,Awarding Sale, �y-�- Services—Don Uram Prescribing The Form And Details And Providing For The Payment Of$890,000 G. O. Equipment Certificates Of Indebtedness, Series 2002B Requested Action: Move to: Adopt a Resolution Authorizing Issuance,Awarding Sale,Prescribing The Form And Details And Providing For The Payment Of$890,000 G. O. Equipment Certificates Of Indebtedness, Series 2002B. Synopsis: On December 4, 2001,the City Council adopted Resolution 2001-180 which authorized the sale of equipment certificates to pay for the planned purchase of Aerial Ladder#2 and the Public Safety Mobile Command Post. The adoption of this resolution completes that process. The City has retained Juran&Moody as independent financial advisors in connection with the sale of these Obligations. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph(9), the requirements as to public sale do not apply to the issuance of the Obligations. The Council has received an offer from Anchor Bank,National Association, in Eden Prairie, Minnesota(the Purchaser),to purchase the Obligations at a price of$890,000,plus accrued interest to the date of delivery. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$890,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS,SERIES 2002B BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. The City Council hereby determines that it is in the best interests of the City to issue its $890,000 General Obligation Equipment Certificates of Indebtedness, Series 2002B (the Obligations) of the City to finance the costs of acquiring items of capital equipment. Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the Issuer. 1.02. Sale. The Issuer has retained Juran&Moody, a division of Miller Johnson Steichen Kinnard as independent financial advisors in connection with the sale of the Obligations. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2,paragraph(9), the requirements as to public sale do not apply to the issuance of the Obligations. The Council has received an offer from Anchor Bank,National Association, in Eden Prairie, Minnesota(the Purchaser), to purchase the Obligations at a price of$890,000,plus accrued interest to the date of delivery on the further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the Issuer for the sale of the Obligations with the Purchaser. Section 2. Obligation Terms; Registration; Execution and Delivery. 2.01. Issuance of Obligations. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be performed precedent to and in the valid issuance of the Obligations having been done,now existing,having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Obligations, to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Obligations shall be originally dated as of the date of delivery, shall be in denominations of$1,000 each, or any integral multiple thereof, of single maturities, shall bear interest from the date of issue until paid at the rates stated below, and shall mature, on March 1 in the years and amounts stated below: I Year Amount Interest Rate 2003 169,000 2004 172,000 2005 177,000 2006 183,000 2007 189,000 The Obligations shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Obligation at the principal office of the Registrar described herein,the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon initial delivery of the Obligations pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of authentication shall be noted on each Obligation so delivered,exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each March 1 and September 1, commencing September 1,2002,to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month,whether or not such day is a business day. 2.04. Redemption. The Bonds shall be subject to redemption and prepayment at the option of the City,at any time,in whole or in part, in such order of maturity dates as the City may select and by lot as selected by the Registrar in multiples of$1,000 as to Bonds maturing on the same date, at a price equal to 100%of the principal amount thereof plus accrued interest to the date of redeem ption. The City shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail,to the registered holders of any Bonds to be redeemed at their addresses as they appear on the register described in Section 2.06 hereof. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints the Community Development and Financial Services Director of the Issuer as the initial bond registrar,transfer agent and paying agent(the Registrar). The Issuer reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar,in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. ft 3 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep a bond register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered,transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer,in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Obligations of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. • (c) Exchange of Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Obligation is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Obligation is at any time registered in the bond register as the absolute owner of the Obligation,whether the Obligation shall be overdue or not, for the purpose of receiving payment of or on account of,the principal of and interest on the Obligation • and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Obligation to the extent of the sum or sums so paid. (g) Taxes,Fees and Charges. For every transfer or exchange of Obligations (except for an exchange upon a partial redemption of a Obligation), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated,Lost, Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed,stolen or lost,the Registrar shall deliver a new Obligation of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and,in the case of a Obligation destroyed, stolen or lost,upon filing with the Registrar of evidence satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate Obligation or indemnity in form, substance and amount satisfactory to it,in which both the Issuer and the Registrar shall be named as obligees. All Obligations so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.07. Execution,Authentication and Delivery. The Obligations shall be prepared under the direction of the Community Development and Financial Services Director and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager,provided that the signatures maybe printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,the same as if he had remained in office until delivery. Notwithstanding such execution,no Obligation shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Obligation has been duly executed by the manual signature of the Registrar. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been prepared, executed and authenticated, the Community Development and Financial Services Director shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Obligations. The Obligations shall be prepared in substantially the following form: 5 [Face of the Obligations] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2002B Interest Rate Maturity Date Date of Original Issue March 1, March 1,2002 REGISTERED OWNER: ANCHOR BANK,NATIONAL ASSOCIATION PRINCIPAL AMOUNT: DOLLARS THE CITY OF EDEN PRAIRIE,HENNEPIN COUNTY,MINNESOTA (the Issuer), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns,the principal sum specified above on the maturity date specified above, with interest thereon from the date of original issue specified above or from the most recent interest payment date to which interest has been paid or provided for, at the annual rate specified above,payable on March 1 and September 1 in each year, commencing September 1, 2002,to the person in whose name this Obligation is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month all subject to the provisions referred to herein with respect to the redemption of the principal of this Obligation prior to maturity. The interest hereon and,upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the Community Development and Financial Services Director, City of Eden Prairie,Minnesota, as bond registrar,transfer agent and paying agent(the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. The Obligations are subject to prepayment at any date at the option of the issuer at a price of par plus accrued interest. This Obligation is one of an issue in the aggregate principal amount of$890,000 issued pursuant to a resolution adopted by the City Council on February 5th, 2002 (the Resolution),to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable only in fully registered form,in denominations of$1,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein,this Obligation is transferable upon the books of the Issuer at the office of the Registrar,by the 6 registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Obligation or Obligations to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax,fee or governmental charge required to be paid with respect to such transfer or exchange. The Obligations have been designated by the Issuer as"qualified tax-exempt obligations" pursuant to Section 265(b)(3)of the Internal Revenue Code of 1986. The Issuer and the Registrar may deem and treat the person in whose name this Obligation is registered as the absolute owner hereof,whether this Obligation is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed preliminary to and in the issuance of this Obligation in order to make it a valid and binding general obligation of the Issuer in accordance with its terms, have been done, do exist,have happened and have been performed as so required;that,prior to the issuance hereof,the City Council has levied ad valorem taxes on all taxable property in the Issuer,which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Obligations when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, Series 2002B Bond Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the Issuer,without limitation as to rate or amount; and that the issuance of this Obligation,together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness. This Obligation shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the Registrar. IN WITNESS WHEREOF,The City of Eden Prairie,Hennein County,Minnesota,by its City Council,has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. Date of Authentication: ,2002. CITY OF EDEN PRAIRIE,MINNESOTA Carl J.Jullie, City Manager Ronald Case,Acting Mayor 1- CERTIFICATE OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR, CITY OF EDEN PRAIRIE,MINNESOTA, as Registrar By The following abbreviations,when used in the inscription on the face of this Obligation, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM—as tenants in common UTMA as Custodian for (Cust) (Minor) under Uniform Transfers to Minors Act TEN ENT—as tenants by the entireties (State) JT TEN—as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received,the undersigned hereby sells, assigns and transfers unto the within Obligation and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Obligation on the books kept for registration of the within Obligation,with full power of substitution in the premises. Date NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Obligation in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an "eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other "signature guaranty program"as maybe determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Section 3. General Obligation Equipment Certificates of Indebtedness, Series 2002B Bond Fund. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid, the Community Development and Financial Services Director shall maintain a separate debt service fund on the official books and records of the Issuer to be known as the General Obligation Equipment Certificates of Indebtedness, Series 2002B Bond Fund(the Bond Fund), and the principal of and interest on the Obligations shall be payable from the Bond Fund. The Issuer irrevocably appropriates to the Bond Fund(a) all taxes levied and collected in accordance with this Resolution and(b) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom, the payment shall be made from any fund of the Issuer which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes are to be levied and collected in the following years and amounts: ' G Levy Years Collection Years Amount 2001-2005 2002-2006 See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Obligations shall cease. The Issuer may discharge its obligations with respect to any Obligations which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Obligation should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Obligations, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow,with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Section 6. Certification of Proceedings. 6.01. Registration of Obligations. The Community Development and Financial Services Director is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Obligations have been duly entered upon the County Auditor's bond register. 6.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP,Bond Counsel, certified copies of all proceedings and records relating to the Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. Section 7. Tax Covenants;Arbitrage Matters and Continuing Disclosure. 7.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Obligations that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Obligations to become includable in gross income of the recipient under the Internal Revenue Code of 1986 (the Code) and applicable Treasury Regulations(the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Obligations will not become r0 includable in gross income of the recipient under the Code and the Regulations. In particular,the Issuer covenants and agrees that all proceeds of the Obligations will be expended solely for the payment of the costs of acquisition and installation of capital equipment to be owned and maintained by the Issuer and used in the Issuer's general governmental operations. The Issuer shall not enter into any lease,use or other agreement with any non-governmental person relating to the use of the equipment or security for the payment of the Obligations which might cause the Obligations to be considered"private activity bonds"or"private loan bonds"pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Manager being the officers of the Issuer charged with the responsibility for issuing the Obligations pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Obligations which make it reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations to be"arbitrage bonds"within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate. The Issuer acknowledges that the Obligations are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records,make such determinations, file such reports and documents and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes,unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a"bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 7.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Obligations as"qualified tax-exempt obligations"for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code)which will be issued by the Issuer and all subordinate entities during calendar year 2002 does not exceed$10,000,000. 7.05. Reimbursement. The Issuer certifies that the proceeds of the Obligations will not be used by the Issuer to reimburse itself for any expenditure with respect to the equipment which the Issuer paid or will have paid more than 60 days prior to the issuance of the Obligations unless, with respect to such prior expenditures,the Issuer shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations;provided that this certification shall not apply(i) with respect to certain de minimis expenditures,if any,with respect to the equipment meeting the requirements of Section 1.150- 2(f)(1) of the Regulations, or(ii)with respect to "preliminary expenditures"for the equipment as defined in Section 1.150-2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the"issue price" of the Obligations. I I CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Financial Services/ Resolution Relating To Lease Revenue Refunding n _ e Don Uram Bonds (City Hall And Community Center Projects), Series 2002A of the HRA In And For The City Of Eden Prairie Requested Action: Move to: Adopt Resolution Relating To Lease Revenue Refunding Bonds (City Hall And Community Center Projects), Series 2002A Of The Housing And Redevelopment Authority In And For The City Of Eden Prairie, Minnesota;Authorizing The Execution And Delivery Of A Lease-Purchase Agreement Synopsis: The purpose of this refunding bond issue is to advance refund certain maturities of the HRA's Series 1992A Bonds (Community Center) and Series 1992B Bonds (City Hall) for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2003 - 2012 maturities totaling $1,735,000 of the HRA's Series 1992A Bonds and the principal balance of the 2004—2012 maturities totaling $6,080,000 of the HRA's Series 1992B Bonds. The average outstanding coupon rate for the bonds to be refunded is 6.22%. The average coupon on the new refunding bonds is estimated to be 3.93%resulting in net present value debt service savings of$627,112. In addition, on the respective call dates,the HRA will pay off $270,000 of the 2012 maturity on the Series 1992A Bonds (Community Center) and the 2013 maturity totaling$920,000 on the Series 1992B with excess debt service funds on hand. The estimated present value saving of calling these bonds is estimated to be $208,161. Total estimated net present value savings of the combined refunding and calling of bonds is estimated to be$835,273. A detailed analysis of the refunding is included. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2002-29 RESOLUTION RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2002A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT WHEREAS,the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority")has undertaken projects under the Housing and Redevelopment Act,Minnesota Statutes, Sections 469.001 through 469.047 (the"Act"), consisting of(a)the construction of improvements to a community center facility(the "Community Center Project") and(b)the acquisition of certain real property in the City of Eden Prairie,Minnesota(the"City") and the acquisition and rehabilitation of an existing building located thereon, a portion of which is being used as a city hall and city offices (the"City Hall Project,"together with the Community Center Project,the"Project"); and WHEREAS,the Authority has financed the cost of the Community Center Project by the issuance of its Lease Revenue Bonds (Community Center Project), Series 1992A and the cost of the City Hall Project by the issuance of its Lease Revenue Bonds (City Hall Project), Series 1992B and Lease Revenue Bonds (City Hall Project), Series 1993A; WHEREAS, the Authority proposes to issue its revenue bonds pursuant to the Act, to be denominated Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A(the "Bonds") for purposes of refunding in advance of maturity the outstanding Series 1992A Bonds and the Series 1992B Bonds (the"Refunded Bonds"); and WHEREAS,the Bonds will be issued pursuant to a Trust Indenture, dated as of February 1, 2002 (the"Indenture"),between the Authority and U.S. Bank National Association, as trustee (the"Trustee"); and WHEREAS, all bonds issued under the Indenture will be secured by a pledge and assignment of the Lease-Purchase Agreement,dated as of February 1,2002 (the"Lease") between the Authority and the City, and of the revenues derived by the Authority from the Project, and the bonds and the interest thereon shall be payable solely from the revenues pledged thereto and no bonds shall constitute a debt of the Authority within the meaning of any constitutional or statutory limitation nor shall the full faith, credit and taxing powers of the Authority be pledged thereto; and WHEREAS,the Authority has offered the Series 2002A Bonds for sale by means of a Preliminary Official Statement, dated January 29, 2002 (together with a Addendum thereto to be prepared and distributed prior to delivery of the Bonds,the"Official Statement"); and WHEREAS, a form of the Preliminary Official Statement has been presented to this Council and is hereby ordered to be placed on file in the office of the City Finance Director. NOW,TEIEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota, as follows: 1. Approval and Execution of Lease. The Lease, dated as of February 1, 2002,between the City and the Authority, substantially in the form presented to this Council, is hereby approved. The Mayor and the City Manager(or, in the event of their absence or disability,the acting Mayor or the acting City Manager,respectively) are hereby authorized and directed to execute and deliver the Lease in the name of and on behalf of the City. All of the provisions of the Lease,when executed and delivered as authorized herein, shall be deemed to be part of this resolution as fully and to the same extent as if incorporated herein. The Lease shall be substantially in the form now on file in the office of the City Finance Director,with such necessary and appropriate variations,omissions and insertions as the City Attorney shall determine to be necessary or appropriate,and the execution thereof by the City Manager shall be conclusive evidence of such determination. 2. Approval of Official Statement. The Preliminary Official Statement is approved and it is hereby determined that the information contained therein regarding the City is accurate and complete. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement insofar as it contains information describing the Lease. 3. Execution of Other Documents. Officers of the City are hereby authorized and directed to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Lease and the Official Statement. 4. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. 240.15c2-12),relating to continuing disclosure(as in effect and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only"obligated person"in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein,in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, "Owner"or"Bondowner"means, in respect of a Bond,the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any"Beneficial Owner"(as hereinafter defined)thereof,if such Beneficial 22 Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, `Beneficial Owner"means, in respect of a Bond, any person or entity which(i)has the power, directly or indirectly,to vote or consent with respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(ii)is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide,in the manner set forth in subsection(c)hereof, either directly or indirectly through an agent designated by the City,the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2002,the following financial information and operating data in respect of the City(the Disclosure Information): (A) the audited fmancial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City,prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or,if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph(A)hereof,the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: City Property Values, City Indebtedness; City Tax Rates, Levies and Collections and Current General Fund Budget Summary,which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified,the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and,within 10 days after the receipt thereof,the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby,from other documents, , / including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection(b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect;provided,however,if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(3)hereof),then,from and after such determination,the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1),then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the • reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner,notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers,or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; • (J) Release,substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a"Material Fact"is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or,if not disclosed,would significantly alter the total information otherwise available to an investor from the Official Statement,information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a"Material Fact"is also an event that would be deemed"material" 74= for purposes of the purchase,holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner,notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph(b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information or the audited financial statements, if any, furnished pursuant to subsection(b)(2) or(3) are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection(b)to the following entities by telecopy, overnight delivery,mail or other means, as appropriate: (1) the information described in paragraphs (1), (2) and(3) of subsection(b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; and (2) the information described in subsection(b),to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. • (d) Term;Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence,however,the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934,as amended,or any statutes or laws successory thereto or amendatory thereof (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time,without notice to (except as provided in paragraph(c)(3)hereof) or the consent of the Owners of any Bonds,by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel,who may rely on certificates of the City and others and the opinion maybe subject to customary qualifications, to the effect that: (i) such amendment or supplement(a)is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b)is required by, or better complies with, the provisions of paragraph(b)(5)of the Rule; (ii) • this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph(b)(5) of the Rule: 5.Refunding of Series 1993A Bonds; Subordination to Refunded Bonds. The City and the Authority have agreed that, at such time as the Series 1993A Bonds can be refunded in a "current refunding" for federal tax purposes,the Authority will issue lease revenue refunding bonds as additional bonds under the Indenture to refund the Series 1993A Bonds, and the City and the Authority will enter into amendments of or supplements to the Indenture and the Lease in connection therewith. Until such time as the Series 1992A, 1992B and 1993A Bonds have been redeemed and paid,the Series 2002A Bonds and the Indenture and the Lease will be subordinate to the Series 1992A, 1992B and 1993A Bonds, and to the documents securing those Bonds. Adopted this 5th day of February, 2002. Ronald Case, Acting Mayor Attest: (SEAL) Carl J. Jullie,Executive Director CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Resolution Authorizing Issuance,Awarding Sale, Financial Services/ Prescribing The Form And Details And Providing S Don Uram For The Payment Of$1,000,000 G.O.Bonds, Series 2002A(Joint Public Safety Facility) Requested Action: Move to: Resolution Authorizing Issuance,Awarding Sale,Prescribing The Form And Details And Providing For The Payment Of$1,000,000 G.O.Bonds, Series 2002A(Joint Public Safety Facility) Synopsis: On December 18, 2001 the City Council adopted Resolution 2001- 194 authorizing the issuance of $1,000, 000 General Obligation Bonds, Series 2002A)to help finance the City's portion of the costs of a joint public safety training facility. Partners in this project include the City of Bloomington,the City of Edina and the Metropolitan Airport Commission The Issuer has retained Juran&Moody as independent financial advisors in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2(9),the public sale requirements do not apply to the sale of the Bonds. The Council has received an offer from Anchor Bank,National Association,in Eden Prairie,Minnesota,to purchase the Bonds. Background Information: In 1997,the State of Minnesota authorized the participating Cities and the M.A.C.to issue General Obligation Bonds in an amount not to exceed$1,000,000(per agency)to be used for its share of the cost of acquisition, construction, and equipping of the public safety training facility. On December 16, 1997 the City Council adopted a resolution approving the Special Legislation which preserved our authority to issue these bonds. The total obligation, on the part of the City $1.4 million with the remaining$400,000 coming from the Capital Improvement Plan. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NHNNESOTA RESOLUTION NO.2002- RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$1,000,000 GENERAL OBLIGATION BONDS,SERIES 2002A (JOINT PUBLIC SAFETY FACILITY) BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City or the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. The City Council hereby determines that it is in the best interests of the City to issue its$1,000, 000 General Obligation Bonds, Series 2002A(Joint Public Safety • Facility) (the Bonds) of the City,pursuant to Minnesota Statutes, Chapter 475, as amended, and Laws 1997, Chapter 231, Art. 16, Sec. 22. The Bonds will finance the City's portion of the costs of a joint project(the"Project")between the City,the City of Bloomington,the City of Edina and the Metropolitan Airport Commission,to acquire, construct and equip a public safety training facility to train firefighters and law enforcement officers. On November 29th, 2001, pursuant to Laws 1997, Chapter 231, Art. 16, Sec. 22,the City published notice in the official newspaper of the City of its intent to authorize and issue the Bonds. 1.02. Sale. The Issuer has retained Juran&Moody, a division of Miller, Johnson Steichen Kinnard as independent financial advisors in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2(9),the public sale requirements do not apply to the sale of the Bonds. The Council has received an offer from Anchor Bank, National Association,in Eden Prairie,Minnesota(the Purchaser),to purchase the Bonds at a price of$1,000,000,plus accrued interest to the date of delivery on the further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. Section 2. Bond Terms; Registration;Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done,now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Bonds shall be originally dated as of the date of delivery, shall be in denominations of$5,000 each, or any integral multiple thereof, of single maturities, shall bear interest from the date of issue until paid at the rates stated below, and shall mature on December 1 in the years and amounts stated below: • Year Amount Interest Rate 2002 $200,000 2003 200,000 2004 200,000 2005 200,000 2006 200,000 The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond at the principal office of the Registrar described herein,the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Bonds shall be payable on each June 1 and December 1, commencing December 1,2002,to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month,whether or not such day is a business day. 2.04. Redemption. The Bonds shall be subject to redemption and prepayment at the option of the City, at any time, in whole or in part,in such order of maturity dates as the City may select and by lot as selected by the Registrar in multiples of$5,000 as to Bonds maturing on the same date, at a price equal to 100%of the principal amount thereof plus accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail,to the registered holders of any Bonds to be redeemed at their addresses as they appear on the register described in Section 2.06 hereof. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall,on the redemption date,become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price)such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints the Community Development and Financial Services Director of the Issuer as the initial bond registrar,transfer agent and paying agent(the Registrar). The Issuer reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 3 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered,transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer,in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees,one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however,close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith,to make transfers which it,in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not,for the purpose of receiving • payment of or on account of,the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes,Fees and Charges. For every transfer or exchange of Bonds(except for an exchange upon a partial redemption of a Bond),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated,Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed,stolen or lost,the Registrar shall deliver a new Bond of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and,in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate Bond or indemnity in form, substance and amount satisfactory to it,in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated,destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the Community Development and Financial Services Director and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,the same as if he had remained in office until delivery. Notwithstanding such execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of the Registrar. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated,the Community Development and Financial Services Director shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Bonds. The Bonds shall be prepared in substantially the following form: • [Face of the Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION BONDS, SERIES 2002A Interest Rate Maturity Date Date of Original Issue • December 1, February 1,2002 REGISTERED OWNER: ANCHOR BANK,NATIONAL ASSOCIATION PRINCIPAL AMOUNT: DOLLARS THE CITY OF EDEN PRAIRIE,HENNEPIN COUNTY,MINNESOTA(the Issuer), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns,the principal sum specified above on the maturity date specified above,with interest thereon from the date of original issue specified above or from the most recent interest payment date to which interest has been paid or provided for, at the annual rate specified above,without option of prior payment,payable on June 1 and December 1 in each year, commencing December 1, 2002, to the person in whose name this Bond is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by the Community Development and Financial Services Director, City of Eden Prairie,Minnesota, as bond registrar,transfer agent and paying agent(the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of$1,000,000 issued pursuant to a resolution adopted by the City Council on February 5, 2002 (the Resolution), to finance the City's portion of the cost of a joint project(the"Project")between the City, the City of Bloomington,the City of Edina and the Metropolitan Airports Commission to acquire, construct and equip a public safety training facility to train firefighters and law enforcement officers. This Bond is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling,including Minnesota Statutes, Chapter 475, as amended, and Laws 1997, Chapter 231,Art. 16, Sec. 22. The Bonds are issuable only in fully registered form,in denominations of$5,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein,this Bond is transferable upon the books of the Issuer at the office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner,of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax,fee or governmental charge required to be paid with respect to such transfer or exchange. • The Bonds have been designated by the Issuer as"qualified tax-exempt obligations" pursuant to Section 265(b)(3)of the Internal Revenue Code of 1986. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms,have been done, do exist,have happened and have been performed as so required; that,prior to the issuance hereof,the City Council has levied ad valorem taxes on all taxable property in the Issuer,which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess Of the principal of and interest on the Bonds when due, and has appropriated such taxes to its General Obligation Bonds, Series 2002A Bond Fund for the payment of'such principal and interest;that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the Issuer,without limitation as to rate or amount; and that the issuance of this Bond,together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the Registrar. IN WITNESS WHEREOF,the City of Eden Prairie,Hennepin County,Minnesota,by its City Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. Date of Authentication: February_,2002. CITY OF EDEN PRAIRIE,MINNESOTA Carl J.Jullie, City Manager Ronald Case,Acting Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Resolution Approving The Assignment Of Tax &Financial Services: Increment Financing-Summit Place(formally ._ Don Uram Eden Shores) Senior Housing Project • David Lindahl Requested Action Move to: Adopt Resolution approving and consenting to the assignment of Tax Increment Financing by EP Senior Housing LLC,EP Assisted Living,LLC, and SC Minnesota Properties,LLC to Glaser Financial Group,Inc. Synopsis The resolution allows the owners of Summit Place to assign TIF payments received from the City to their lender, Glaser Financial Group. Background Summit Place is a 320 unit senior rental project located at Flying Cloud Drive and Fountain Place Road immediately south of the Eden Prairie Center.The project will include a choice of housing for seniors, including:townhomes,independent living units,assisted living units,dementia units,and special care units. The developer is requesting Tax Increment Financing(TIF)from the City to reduce rents on 43 independent living units and to help offset high land acquisition costs.The units will be affordable to seniors with incomes below 50%of the median income for the metro area. Attachments Resolution Assignment CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING AND CONSENTING TO THE; ASSIGNMENT OF TAX INCREMENT FINANCING WHEREAS, on December 18, 2001, the City entered an Amended Project Management Agreement with SC Minnesota Properties, LLC for the development of a continuing care facility for seniors; WHEREAS, the City agreed to provide tax-increment financing to SC Minnesota Properties, LLC for this project; WHEREAS, the Amended Project Management Agreement has been partially assigned to EP Assisted Living,LLC and EP Senior Housing,LLC; WHEREAS, SC Minnesota Properties, LLC, EP Assisted Living, LLC, and EP Senior Housing, LLC wish to execute an Assignment of Tax Increment Financing to their lender Glaser Financial, Inc.; and WHEREAS, the Assignment of Tax Increment Financing requires the approval and consent of the City. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: 1. The Assignment of Tax Increment Financing by EP Senior Housing, LLC, EP Assisted • Living, LLC, and SC Minnesota Properties, LLC to Glaser Financial Group, Inc. is approved. 2. The Mayor and City Manager are hereby authorized to execute the consent to the Assignment of Tax Increment Financing. ADOPTED by the City Council of the City of Eden Prairie this day of , 2002. Mayor ATTEST: Kathleen A.Porta, City Clerk ep\resolution\resolution approve contract CITY COUNCIL AGENDA DATE:February 5, 2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Appoint Citizen Task ITEM NO: Parks and Recreation Force for Jean Harris Memorial Tria Mann,Arts & Special Events Coordinator Requested Action Move to: Appoint the following representatives to serve as a Citizens Task Force that will develop an appropriate memorial to the memory of Jean Harris: Leslie Ellis, Patricia Pidcock, Sharon Grossbach, Ann Birt, Jerry McCoy, David Luse, Don Klinger, Mary Jane Wisner, Barb Gabbert, Gardner Gay, Andy O'Brien, Jean Myers and Jennie Brown. - Synopsis These individuals volunteered to serve on the Citizens Task Force. The task force will begin meeting in February with a goal of presenting ideas to the Council by May 2002. CITY COUNCIL AGENDA DATE: 02/05/02 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram BP Amoco A . Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.4 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.45 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, Zoning District Change from N-Corn to C-Corn on 1.4 acres and Zoning District Amendment within the C-Corn Zoning District on 1.05 acres; and • Adopt the Resolution for Preliminary Plat on 2.45 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 4,366-sq. ft. BP Amoco to replace the existing Amoco/Amolube on the property, and a reconfigured Eden Prairie Auto Center site to the south. The project is located south of Anderson Lakes Parkway between highway 212 and Aztec Drive. A guide plan change from Neighborhood Commercial to Community Commercial is proposed. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the January 14,2002 meeting. Background Information A gas/convenience store can be an appropriate use in either a neighborhood commercial or community commercial guided area. The west side of Aztec Drive has developed with auto related uses in a community commercial guided area appropriately located adjacent to Highway 212. A community commercial guiding for this site would be appropriate along Highway 212 and compatible with existing community commercial guiding and zoning south of the site. The following waivers are required through the PUD in the community commercial district: 1. Lot size of 1.43 acres, and lot dimension of 220 feet wide and 287 feet deep for Lot 1. Code requires a minimum lot size of 5 acres and lot width and depth of 300 feet. 2. Lot size of 1.02 acres, and lot dimension of 155 feet wide and 232 feet deep for Lot 2. Code requires a minimum lot size of 5 acres and lot width and depth of 300 feet. 3. Zero foot setback to parking. Code requires 10 feet. 4. Existing pylon sign setback of 14 feet. Code requires 20 feet. Reasons to consider the waivers include: • The project is next to existing community commercial zoning with an aggregate size of approximately 7.4 acres. • Community commercial zoning is appropriate for auto-related uses next to Highway 212. • Right-of-way to be dedicated for future TH212/Anderson Lakes Parkway intersection improvements. • Consolidation of existing site accesses on Aztec Drive. • Cross access between sites. • Consistency in the use of building materials and colors. All storm water will be directed to "rainwater gardens" located along Aztec Drive. Rainwater gardens are small vegetated depressions used to promote infiltration of storm water runoff. Wetland type shrubs, grasses and flowering perennials will be planted throughout the depressions. Water pools only for a few days after a rain. The Watershed District encourages the use of rainwater gardens, since they do a better job of treating storm water than NURP ponds. This is the City's first rainwater garden. Traffic generated by the project can be accommodated by the existing road system. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for Preliminary Plat 3. Staff Report dated January 11, 2002 4. E-Mail from Resident dated January 30,2002 BP AMOCO CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BP AMOCO FOR BP PRODUCTS NORTH AMERICA,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the BP Amoco for BP Products North America dated January 9,2002, and consisting of 2.45 acres into 2 lots and road right of way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 5th day of February, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 3 BP AMOCO CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of BP Amoco by BP Products North America is for a 4,300 square foot BP Amoco gas/convenience store. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 1.4 acres from Neighborhood Commercial to Community Commercial, located at the southeast corner of Anderson Lakes Parkway and T.H. 212. ADOPTED by the City Council of the City of Eden Prairie this 5th day of February, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk • 1-- BP AMOCO CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF BP AMOCO FOR BP PRODUCTS NORTH AMERICA,INC. WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on BP Amoco by BP Products North America,Inc., and considered their request for approval of the PUD Concept Amendment and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 5,2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. BP Amoco,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated January 9,2002. 3. That the PUD Concept Amendment meets the recommendations of the Community Planning Board dated January 14,2002. ADOPTED by the City Council of the City of Eden Prairie this 5th day of February,2002. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk 5 Exhibit A BP Amoco Legal Description: Lot 1, Block 1 ANDERSON LAKES COMMERCIAL CENTER 2ND ADDITION, Hennepin County,Minnesota. And That part of OUTLOT A,ANDERSON LAKES COMMERCIAL CENTER 2ND ADDITION, lying Northerly of the Northerly line of OUTLOT B,ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION and Easterly of the Northerly extension of the West line of said OUTLOT B, Hennepin County, Minnesota. 1 Scott IGpp-Comments on Proposed BP Amoco Project Page 1 From: "Daniel Fetter"<dfetter@barr.com> To: <skipp@edenprairie.org> Date: 1/30/02 10:57AM Subject: Comments on Proposed BP Amoco Project Scott,thanks for talking to me this morning about the proposed BP Amoco project at the southeast corner of Hwy.212 and Anderson Lakes Parkway. I am interested in this redevelopment because I live nearby at 12560 Fescue Court in Eden Prairie. Comment 1: My family and others in my area often walk, bike,and/or baby stroller to the existing Amoco store and we look forward to a larger store with an expanded selection at this location. Both the existing store and the proposed store are pretty weak on pedestrian access--you have to walk on the busy driveways and through the fueling areas to get to the store. It can be a little intimidating dodging traffic when you have your kid or dog along. I suggest a sidewalk be added to the plans so that there is better and safer pedestrian access to the new store. As we discussed,a simple solution would involve adding a short north-south sidewalk connecting the northeast corner of the store to the existing asphalt trail/sidewalk that is present on the south side of Anderson Lakes Parkway. Ideally,the sidewalk would be suitable for both pedestrians and bikes/strollers (i.e, no curbs to jump). At this location, you would only need to cross the much-less-scary car wash cue line. 2nd comment: its nice to see the rainwater infiltration ponds getting a tryout in Eden Prairie--way cool. If you need to reach me, my home phone is 952-944-4075 and my work phone is 952-832-2741. Thanks, Dan Fetter. CITY COUNCIL AGENDA DATE: 2/05/02 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Parkside Place Danette M.Moore ,ea Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 2.2 acres into 3 lots; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.3 acres; and Synopsis The project is a preliminary plat of 2.2 acres into three single-family lots located at 18390 Dell Drive. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the January 14, 2002 meeting. Due to the simplicity of the project, a Developer's Agreement is not recommended. Background Information The Dupont's reside in the house located at 18390 Dell Drive. They are requesting a preliminary plat of 2.2 acres into 3 single family lots. Currently, the Dupont's site has a septic system and well. The two newly created lots will not be granted building permits until City sewer and water is extended. Attachments 1. Resolution for Preliminary Plat 2. Staff Report dated January 11, 2002 PARKSIDE PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PARKSIDE PLACE FOR WILLIAM AND SUZETTE DUPONT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Parkside Place for William and Suzette Dupont dated January 23, 2002, and consisting of 2.2 acres into 3 lots, a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 5th day of February,2002. • Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk a STAFF REPORT TO: Community Planning Board FROM: Danette M.Moore,Planner THROUGH: Michael D. Franzen, City Planner DATE: January 11, 2002 SUBJECT: Parkside Place LOCATION: 18390 Dell Drive REQUEST: 1. Zoning District Change from Rural to R1-22 on 1.3 acres 2. Preliminary Plat of 2.2 acres into 3 lots Area Location Map = Parkside PIat.a • • • • • it4 # Dell Drive • • • Crestwood Terrace • *top; 4 1 . Aloil,. t 4 0 4 k 0 ..., N Sca - ir � ,, z . L Staff Report—Parkside Place January 11,2002 BACKGROUND The subject property is Lot 1 and 2 of the Crestwood 89 Plat. The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units per acre. The property is currently zoned R1-22 and Rural. Surrounding land uses are made up of low density residential. There is an existing home on proposed Lot 1. PRELIMINARY PLAT The proposal is to replat two lots into three lots and rezone proposed Lots 2 and 3 from Rural to R1- 22. The density of the project is consistent with the area west and south of the site and with the guiding of the neighborhood. The proposed reconfiguration of Lot 1 will make the lot 39,768 sq. ft. The subdivision of Lot 2 will create two lots at 29,075 sq. ft. and 26,936-sq. ft. in size. The minimum lot size required by City Code is 22,000 square feet. TREE LOSS AND GRADING There are seven significant trees on the property. No trees are proposed to be lost due to the building of two new homes. UTILITIES The neighborhood has petitioned for the extension of sewer and water service. The City is currently completing a feasibility study for the area, which will be brought before the City Council in February. It is anticipated that sewer and water service could be extended from Dell Drive as early as the summer of 2002. STAFF RECOMMENDATION Staff recommends approval of the following request: • Preliminary Plat of 2.2 acres into three lots. • Rezoning from Rural to R1-22. This would be based on plans dated January 23,2002,this staff report,and the following conditions: 1. Prior to release of the final plat for the property, the City shall have awarded a contract for the extension of sewer and water services to the neighborhood. Staff Report—Parkside Place January 11,2002 2. Prior to the issuance of any building permit, City sewer and water services shall have been extended to all proposed lots. 3. Prior to the issuance of any building permit,the proponent shall pay the cash park fees. CITY COUNCIL AGENDA DATE: 02-05-02 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development • Donald R. Uram Guide Plan Update 'AZ- .?. Requested Action • Continue the public hearing for the Comprehensive Guide Plan Update to the March 19, 2002 meeting. Synopsis The public hearing on the Guide Plan Update should be continued until the final agreement between the City and Mac is completed. Chapter Six- Aviation of the Guide Plan Update will be • modified according to the agreement. 1 • CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION:Vacation 02-01 ITEM NO.: Engineering Services Vacation of Drainage and Utility Easements in David Olson Part of Bearpath 4th Addition Eugene A.Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution vacating Drainage and Utility Easements over Lots 6 and 7,Block 1,Bearpath 4th Addition. Synopsis The property owner has requested this vacation to remove underlying drainage and utility easements from the property to enable the combination of lots. The property will be replatted as Turtle Point Addition, approved by the City Council on January 15, 2002. Replacement easements will be dedicated on the new plat. Background Information Attachments Vacation Drawings • • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS PART OF BEARPATH 4TH ADDITION VACATION 02-01 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements as dedicated on the plat of Bearpath 4th Addition,recorded in the Office of the County Recorder, Hennepin County,Minnesota,which lie within Lots 6 and 7,Block 1 of said plat. WHEREAS, a public hearing was held on February 5, 2002, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851. ADOPTED by the Eden Prairie City Council on February 5,2002. Nancy Tyra-Lukins,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk SURVEY FOR: KEITH WATERS & ASSOCIATES, INC. I EASEMENT VACATION EXHIBIT DESCRIPTION 0 . Lots 6 and 7, Block 1, BEARPATH 4TH ADDITION, Hennepin County, Minnesota. 0 60 L +-20 EASEMENTS TO BE VACATED Those particular Drainage and Utility Easements, originally E. o dedicated on the recorded plat of BEARPATH 4TH ADDITION and • now to be vacated, which lie within Lots 6 and 7, Block 1, in Scale in Feet said plot. • - Denotes found iron monument. ".• AO.. 0 Denotes 1/2-inch x 14-inch set iron •~ A %�:�o: pipe marked by License 19839. • .n..AA•A. li AWAY V T T T,. • •AVAVAYAVAA Bearings shown are on an assumed basis. • .AA V.A.A.A.A.AVAVAVA. L.)CO /A.ATATOAT000ATA[70A,'O...p- co W ..iVAViViLp.YA.A.i/AVAViVivAV. oA.ATAT000Aun,ATAVAVAVA •QAVA.. ,, .. A...TooA.oOAUn.A.....0,•- • J.T000OOi4.i...iVOAxi- JOA4TATA.Ap.OAn.OA.A• S 10 UTOOpO...T.v- !AT..0O0A.00i 1). ATAVAVAVAV i'55 e �. .;f Y.TOA. O9, 48c E ' Nth' 0 .A. g.0 ..TA:A•ATA.... B ...A::T...T.T.T.TA.A.A • . _..AVA.A..T.TAT.T.T.TA...A... _....:........o.......•............... ............•.•...............T..........o. ..L.iiq•..AiAiAOi•Oe.O..iVOiTA•,_•OT_•O WA OOOi ooAVAVAA _.A . VAA`OOi iA.V.T.•ATO.T.-_...YAO..ip.A.i0Y VA•V. TA.•.00A.ppk.A••-..AAT.•OATA.A...A.p.TQATQ.'VA . \.A.AUO u. .T,'•_. 4T.TOATAT000.. 00A.Ap.p..U. wo LP AO.A••'•.Av:•YAO.T.T.woOATO.T.U.A.A.00vO.•A• 0 0 _.OATA.ATA.ATA....T V......•A.Ap...AV•. ,... .i..AAAOgo•_ .�N a � LQT 7 N, A o ............,.....A...— .........-- ..... .. ..o. VA .A... VA VA.VA M. ...A •A Xesv A •N .A•.. 0� �. •A WA m AN VA VA O.VA VA v.•A •eti �� LOT 6 •••••. ,�62 a `A t. - •: • .. ,, VA•c_._._.oA.A.A.A.A.00v e, -...;AVAVAVA.A.A.A.A...- :N VA • , VA :�= JOA.A.AI.TATATATATAV C :� A A.A.A.AO.A..TATA.IAA • VA .. . _Q.A.A.A.A.A.ATA.•i- •i�� �� .A.A.A.A.A.A.ATATAV • A:A.AVAVATATAT.TA• 'I J VA VA o.•A.A.A.ATAT.TAV .y\'J fig"E �. .A............T,- O 'a AVO.•o.......' 6,�0�a w. • .:C:;a. N ............ .. .., ............. .A _. _ _: .A•A.AT.T.TATAT.T.T..A.A• I _AVA.A.A••' yA o A.A.A.A•AVAT...TATA.ATA., Denotes Drainage and Utility AN --AA.. N •A-A-AvA•AVAVAVAVAVAVA.. VA .- A•....A..•ATA..TAT.T.TA•, TA - •A- A•A•A•AVA•A Easement to be vacated. O. AI 'AN...- • This drawing has been checked and reviewed this 3' ' day of I hereby certify that this survey was ack•A..I a., .k , 2001-, prepared under my supervision and that by -\a _A, b .. �- -a I am a Licensed Land Surveyor under the laws of the State of Minnesota. r I SCHOELL & MADSON, INC. P ✓rd- ......--NaJ ENGINEERS • SURVEYORS• PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES Daniel G. Nickols _e_ 10580 WAYZATA BOULEVARD. SUITE 1 MINNETONKA. MN 55305-1525 Dote:0Ja++.. 3,��G)2 License No. 19839 ` I (952) 546-7601 FAx:546-9065 w,8-76 oelmadsoncom 3 162050-011 583/39 (113.51) 0 Aa IJ V W . • - O O Ca ;O s F. ri = ligt r �_f .ig z `d' p '9 R tiff E £z -E£z _ O ' 2 T = - $ CI :;•'-'`(� 1.zo 4__g yg•3o r o 3• dB o g r� ; a. �" _ ti zSoR �. 1.fs C:j- .a37c> _ _ 1 : 1x Gff 1 a S 'i _kn. L i3'i e� - - e • -F 2 " l oo g - 5 R Irg a; 8 i; g sr s `F £ ll O • n B 15•�C lt nZ s• 'b:C: $ g 4g t • El s o Ste' _ c� 1 O 3 € 3� R g ;e a 2.= F� d 8 5 gg; g R 3 7 .S m I s o s=e P 4g2.2 = l az 's r i �g _.. S : PIi a £'g' 3Q _7 S4 c • ^ E .1 F ; ._ . ..„.)g ,.. _4IR . F s , a 171 • • i _ 0 r - m No 0 • z ' NMI Iknge- ...b. i i >wy 1 V J1 • p50 cep I II c r.�. I v 1 ',,, krr1.111 o t t \x Z ;f `4. \ sp\ ~ '• "i fi\\\a / -• \\WIZ'fir- > - . \�/ 0 1V \ 8g • _ t. r z co O lei .`' IY! /�" Q' S• m O•• -k ` -43A `S.' gg -'mm O .i /' ", 222 n v' In _ it \� /fit`4r• I F:• ply A. os \\ / wr y _ 2 23 O 2. 9. ... % \\ ` // e - C� U' z� corn In • \ / _ .. \ / '': ?- 1 C7mx. •0 - It "n. I E I. m Ny _ a . CITY COUNCIL AGENDA DATE: February 5,2002 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 02-02 ITEM NO.: Engineering Services Vacation of a Walkway Easement in Portnoy's Dave Olson Third Addition 11 I II Eugene A.Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution Synopsis A Quit Claim Deed, executed in 1984,describes a portion of the property to be used for walkway purposes. Park and Recreation Services recently constructed the walkway on an alignment somewhat different than originally anticipated. The property owner has requested the 1984 description be vacated and a new easement, based on the constructed alignment, be executed. The property owner has agreed to the new easement description. Background Information Attachments Vacation Drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF A WALKWAY EASEMENT • IN PORTNOY'S THIRD ADDITION VACATION 02-02 WHEREAS,the City of Eden Prairie has a certain walkway easement described as follows: A permanent easement for walkway purposes over and across that part of Lot 1,Block 1, Portnoy's Third Addition, according to the plat thereof on file or of record in the office of the County Recorder,Hennepin County,Minnesota, lying 20.00 feet southerly and southeasterly of and parallel with the following described line: Commencing at the Northeast corner of said Lot 1, Block 1; thence on an assumed bearing of South 0 degrees 35 minutes 00 seconds East, along the east line of said Lot 1, Block 1, a distance of 410.00 feet to the point of beginning of the line to be described; thence South 80 degrees 40 minutes 14 seconds West a distance of 65.76 feet; thence South 89 degrees 25 minutes 00 seconds West a distance of 150.00 feet; thence South 66 degrees 50 minutes 00 seconds West a distance of 88.00 feet; thence South 60 degrees 50 minutes 00 seconds West a distance of 139.83 feet to the westerly line of said Lot 1, Block 1,Portnoy's Third Addition and there terminating. WHEREAS, a public hearing was held on February 5, 2002, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; WHEREAS, it has been determined that the said walkway easement is not necessary and has no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said walkway easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851. ADOPTED by the Eden Prairie City Council on February 5,2002. Nancy Tyra-Lukins,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk a = _ ..::::= : `s TNI wtsr L/!E Oc ray 5WWTi OF fEC.a,7WP FL,A:°E•zz tJ 7C °G^� L• L —mom_ Q ;2/ - -§e, goefil O ecN: xai na.: ; IR ✓• ":• '> N nqa^ n J /� .� 3 ` O \ s;. OR 0. 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V! `'' / y l a m N O.O.O D DC 0 O 2 O N N a C :: O o C /04 _ %il O 7 N N N 7 O 7 0 .17 7 Q �D. ° N(D O N DO O CD 7 -I { m g fp <` . a N ?00 W n O-o U z • 3 - a N w a • ao I( • W1O u:u O N�� j A7 711 0CmiC� .7 (D N � o 09 :< 0 S rn 7_. u n':-� �v� O tTn N 0 7 0 w n �.t O O m N p (D _I >u� .+ 2-. . 0 a T O Z p xr4 /' Zs- 0 /. t...3 u�� • N- : n g I n © — . u ,3•0 o g u �� xN035QOW c C l( E.LINE OF LOT I / A t CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 106812-107302 Wire Transfers 1189-1197 and 1199-1200 Background Information Attachments City of Eden Prairie Council Check Summary 2/5/2002 Division Amount General 298,634 100 City Manager 5,677 101 Legislative 7,594 102 Legal Counsel 74,528 110 City Clerk 333 111 Customer Service 15,258 112 Human Resources 8,316 114 Benefits&Training 19,710 115 Risk Management 17,378 116 Facilities 14,768 117 City Center 763 130 Assessing 55 131 Finance 117 132 Housing,Trans,Social Service 9,631 133 Community Development 2,852 135 Information Technology 22,991 136 Wireless Communication 5,405 150 Park Administration 1,781 151 Park Maintenance 25,836 153 Athletic Programs 8,185 154 Community Center 38,886 156 Youth Programs 1,536 157 Special Events 80 158 Senior Center 1,707 159 Recreation Administration 1,480 160 Adaptive Recreation 156 161 Oak Point Pool 95,185 162 Arts 32 163 Park Facilities 957 180 Police 21,684 183 Civil Defense 30 184 Fire 3,280 186 Inspections 273 200 Engineering 1,196 201 Street Maintenance 13,579 202 Street Lighting 584 203 Fleet Services 14,590 204 Equipment Revolving 10,481 304 Senior Awareness Fund 7 314 Liquor Compliance 99 402 2nd Sheet of Ice 1992A 64,808 403 City Center Debt 764,340 405 Park Bonds 1992A,1993A 375 406 Water/Sewer Refunding 1978 718,375 407 Utility Bonds Arbitrage 750 417 $3,390,000 Facility Bond 2000 750 502 Park Development 470 503 Utility Improvement 665,751 505 Utility Reserve 26,075 506 Improvment Bonds 1996 66,375 509 CIP Fund 605,162 511 Construction Fund 28,467 601 Prairie Village Liquor 117,963 602 Den Road Liquor 248,488 603 Prairie View Liquor 123,696 701 Water Fund 114,844 702 Sewer Fund 180,127 703 Storm Drainage Fund 9,016 803 Escrow Fund 28,098 806 SAC Agency Fund 58,144 Grand Total 4,567,707 City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 1189 63,396 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1190 520 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1191 98,289 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store 1192 113,947 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1193 21,217 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1194 13,046 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1195 6,797 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1196 718,375 WELLS FARGO BANK MINNESOTA NA Principal Water&Sewer Refund Bond 1979 1197 829,148 US BANK TRUST NATIONAL ASSN Principal City Center Debt Fund 1199 750 NATIONAL CITY BANK Paying Agent $3,390,000 Facility Bond 2000 1200 58,839 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 106812 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 106813 50 ASLET Dues&Subscriptions Police 106814 100 ATOM Dues&Subscriptions Police 106815 48 BCA CJIS ID UNIT Other Contracted Services Finance 106816 600 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 106817 1,151,850 COMMERCIAL PARTNERS TITLE LLC Land Utility Improvement Fund 106818 456 GENUINE PARTS COMPANY Equipment Parts Fleet Services 106819 250 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 106820 2,136 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 106821 75 IAFCI Dues&Subscriptions Police 106822 40 INTL ASSN FOR PROPERTY AND EV Dues&Subscriptions Police 106823 21 KUSTOM SIGNALS INC Operating Supplies Police 106824 810 LANG PAULY GREGERSON AND ROSOW Legal Legal Council 106825 30 MEMA ATTN KEN SOUTHORN Dues&Subscriptions Civil Defense 106826 109 MERLINS ACE HARDWARE Operating Supplies Maintenance 106827 1,414 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 106828 180 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 106829 60 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 106830 25 MSANI Dues&Subscriptions Police 106831 25 MSANI Tuition Reimbursement/School Police 106832 25 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 106833 148 PETTY CASH-POLICE DEPT Postage General 106834 10 PLEAA Dues&Subscriptions Police 106835 188 QWEST Telephone Miller Park 106836 110 RADISSON HOTEL ST.CLOUD Travel Expense Police , 106837 338 RICHFIELD BUS COMPANY Transportation Adult Program 106838 868 WESTACOTT,JOEL Mileage&Parking Human Resources 106839 57 BAHR,JENNIFER Clothing&Uniforms Police 106840 397 BERG,JEFFREY Clothing&Uniforms Police 106841 795 BOMA MINNEAPOLIS Dues&Subscriptions In Service Training 106842 41 BRADLEY,KIMBERLY Program Fee Winter Skill Development 106843 78 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 106844 7 CASE,RON Deposits Escrow 106845 530 CHANHASSEN,CITY OF Special Event Fees Adult Program 106846 357 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 106847 36 COTRILL,STACY Program Fee Special Events&Trips 106848 15 DEPT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant 106849 140 DMX/MINNEAPOLIS Other Contracted Services Prairie Village Liquor Store 106850 193 GLENWOOD INGLEWOOD Operating Supplies Fitness Center 106851 12 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 106852 647 HOOGENAKKER,KATHLEEN Tuition Reimbursement/School In Service Training 106853 66 KEATING,MARY Mileage&Parking Community Development 106854 850 METRO STATE UNIVERSITY Tuition Reimbursement/School In Service Training 106855 60 MFEA Dues&Subscriptions In Service Training 106856 40 MINNESOTA GFOA Dues&Subscriptions In Service Training 106857 40 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 106858 77 PANCREATIC CANCER ACTION NETWO Deposits Escrow 106859 15 PETTY CASH-EPCC Petty Cash&Change Funds General Fund 106860 46 RUDOLPH,VICKI Deposits Escrow 106861 79 SCHEDIN,JAMES C. Clothing&Uniforms Police 106862 49 SCHMITZ,KRIS Program Fee Winter Skill Development 106863 2,206 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 106864 85 STOWE,TOM Deposits Escrow 106865 12 STRUWE,BARB Deposits Escrow 3 City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 106866 30 TEKIELA,STAN Instructor Service Senior Center Program 106867 500 UNITED STATES TREASURY Licenses&Taxes Golden Triange Study 106868 65 VOSBEEK,PETER Clothing&Uniforms Police 106869 317 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 106870 120 WRIGHT,IRENE Mileage&Parking Golden Triange Study 106871 140 BAGELMAN'S NEWYORK BAKERY Miscellaneous General Facilities 106872 40 BOLD,PAULINE Instructor Service Outdoor Center 106873 312 BREDAHL,TIFFANY Tuition Reimbursement/School In Service Training 106874 135 CONRAD,SPENCER Miscellaneous Police 106875 383 DOIG,LARRY Tuition Reimbursement/School In Service Training 106876 344 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 106877 40 MCFERRIN,TANYA Instructor Service Outdoor Center 106878 50,094 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 106879 3,773 MINNEGASCO Gas Fire Station#1 106880 132 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 106881 201 SCHMITZ,THOMAS Employee Award Human Resources 106882 23 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 106883 40 TRAPP,SUZANNE Instructor Service Outdoor Center 106884 69 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 106885 1,512 BELLBOY CORPORATION Liquor Den Road Liquor Store 106886 3,650 DAY DISTRIBUTING Beer Den Road Liquor Store 106887 2,047 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 106888 284 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 106889 714 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 106890 16,017 GRIGGS COOPER&CO Liquor Den Road Liquor Store 106891 3,642 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 106892 1,353 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 106893 99 MARK VII Beer Prairie Village Liquor Store 106894 450 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 106895 92 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 106896 237 NORTH STAR ICE Misc Taxable Den Road Liquor Store 106897 2,055 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 106898 913 PEPSI COLA COMPANY Merchandise for Resale Concessions 106899 1,328 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 106900 486 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 106901 2,420 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 106902 1,906 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 106903 6,425 THORPE DISTRIBUTING Beer Den Road Liquor Store 106904 1,299 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 106905 517 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 106906 59 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 106907 92 NORTH STAR ICE Misc Taxable Den Road Liquor Store 106908 91 ALLIED FIRESIDE Mechanical Permits General Fund 106909 2,258 ARCH PAGING Pager&Cell Phone Wireless Communication 106910 450 ASCAP Licenses&Taxes Ice Show 106911 1 AT&T Telephone Telephone 106812 68 BOSEK,LYLE Travel Expense In Service Training 106913 491 CLAUSEN,CHRISTINA Tuition Reimbursement/School In Service Training 106914 73 CULLIGAN WATER Operating Supplies Fire 106915 66 CUMMINGS,KIM Mileage&Parking Fire 106916 70 GARENS,GINA Lessons&Classes Fitness Classes 106917 17 GRADY,SUE Program Fee Ski Trips/Winter Camp 106918 44 HAJOVY,MELISSA Lessons&Classes Oak Point Lessons 106919 20 KING,MARY Lessons&Classes Ice Arena 106920 85 LAWLER,BRETT Parking Permits Parking 106921 15,859 ` LEAGUE MN CITIES INS TRUST Insurance Risk Management 106922 20 LUBRATOVICH,MICHAEL Program Fee Senior Center Program 106923 195 LUKE,TRACY Travel Expense Police 106924 34,125 MAGNEY CONSTRUCTION INC WAC-Water Utility Reserve Fund 106925 59 MASON,DEAN Lessons&Classes Ice Arena 106926 1,570 MINNEAPOLIS COMM AND TECH COLL Tuition Reimbursement/School Police 106927 4,983 MINNESOTA STATE TREASURER Building Surcharge General Fund 106928 84 NESBITT,DENNY Travel Expense In Service Training 106929 63 OTTEN,DAN Travel Expense In Service Training 106930 54 PARRISH,TED Lessons&Classes Ice Arena 1 City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 106931 295 PETTY CASH Operating Supplies Youth Programs Administration 106932 1,675 Qwest COMMUNICATIONS Pager&Cell Phone Police 106933 106 SEARS COMMERCIAL ONE Small Tools Park Maintenance 106934 29 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 106935 208 TARGET CENTER Special Event Fees Preschool Events 106936 4 TRANS UNION CORPORATION Other Contracted Services Police 106937 122 WILSON,JOHN D. Tuition Reimbursement/School Police 106938 1,026 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 106939 75 CAREFREE RENTAL Operating Supplies Concessions 106940 383 CLEMENT,DWIGHT Tuition Reimbursement/School In Service Training 106941 760 DUCHSCHERE,KYLE Clothing&Uniforms Police 106942 120 FBINAA Dues&Subscriptions Police 106943 290 FBINAA Tuition Reimbursement/School Police 106944 197 GE CAPITAL Other Rentals General 106945 1,294 HENNEPIN COUNTY SHERIFFS OFFI Board of Prisoner Police 106946 120 HOLIDAY INN ALEXANDRIA Travel Expense Police 106947 145 INSTITUTE OF MANAGEMENT ACCOUN Dues&Subscriptions In Service Training 106948 5 INTERNATIONAL CHECK SERVICES I Other Contracted Services Prairie Village Liquor Store 106949 1,513 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 106950 104 MENARDS Repair&Maint.Supplies Water Treatment Plant 106951 121 MILLARD,CHRIS Clothing&Uniforms Police 106952 56 MINNCOMM PAGING Pager&Cell Phone Sewer System Maintenance 106953 905 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting • 106954 1,296 MRPA Special Event Fees Volleyball 106955 3,530 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 106956 423 OBIAZOR,LAURIE Tuition Reimbursement/School In Service Training 106957 590 OHIO UNIVERSITY Tuition Reimbursement/School Police 106958 436 OLD LOG THEATER Special Event Fees Adult Program 106959 250 OXFORD PUBLISHING Conference Expense Prairie Village Liquor Store 106960 1,181 PARK NICOLLET CLINIC Other Contracted Services Risk Management 106961 5,677 PERSONNEL DECISIONS INTL Other Contracted Services City Manager 106962 151 PETTY CASH-POLICE DEPT Clothing&Uniforms Police 106963 106 QUINLAN PUBLISHING Dues&Subscriptions Police 106964 90 SENSIBLE LAND USE COALITION Miscellaneous In Service Training 106965 135 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 106966 717 TRANS ALARM INC Equipment Repair&Maint Public Works/Parks 106967 1,313 ,US POSTMASTER-HOPKINS Postage Water Accounting 106968 725 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 106969 83 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 106970 1,125 WELLS FARGO BANK MINNESOTA NA Paying Agent Utility Bonds Arbitrage 106971 80 WERTS,SANDY Other Contracted Services Cummins House Special Events 106972 160 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 106973 55 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 106974 136 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 106975 800 BELLBOY CORPORATION Liquor Den Road Liquor Store 106976 9,913 DAY DISTRIBUTING Beer Den Road Liquor Store 106977 8,715 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 106978 7,006 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 106979 743 FLAHERTYS HAPPY TYME COMPANY* Misc Non-Taxable Prairie View Liquor Store 106980 359 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 106981 1,175 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 106983 15,708 GRIGGS COOPER&CO Liquor Den Road Liquor Store 106986 25,427 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 106987 2,125 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 106988 15,502 MARK VII Beer Den Road Liquor Store 106989 298 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 106990 92 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 106991 140 NORTH STAR ICE Misc Taxable Prairie Village Liquor Store 106992 1,314 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 106993 261 PEPSI COLA COMPANY Merchandise for Resale Concessions 106995 11,031 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 106996 600 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 106997 3,353 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 106998 14,714 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 106999 20,580 THORPE DISTRIBUTING Beer Den Road Liquor Store City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 107000 31 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 107001 583 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 107002 362 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 107003 295 AMA/KEYE PRODUCTIVITY CENTER Conference Expense In Service Training 107004 401 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 107005 27 CITIZENS LEAGUE Dues&Subscriptions City Council 107006 589 CLAREYS INC Safety Supplies Water Utility-General 107007 33,650 CLOSED CIRCUIT SPECIALISTS INC Improvement Contracts Utility Improvement Fund 107008 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant 107009 75 DEPARTMENT OF AGRICULTURE Licenses&Taxes Water Treatment Plant 107010 593 DISH NETWORK Cable TV Ice Arena 107011 276 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 107012 75 ERNST,DOUGLAS Clothing&Uniforms Park Maintenance 107013 1,472 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 107014 59 GOPHER STATE ONE-CALL INC Other Contracted Services Sewer System Maintenance 107015 290 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology 107016 1,509 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 107017 137 J A PRICE AGENCY INC Insurance Risk Management 107018 33,763 LANG PAULY GREGERSON AND ROSOW Legal Legal Council 107019 2,483 METRO SALES INCORPORATED* Other Rentals General 107020 1,414 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 107021 1,253 MINNESOTA POLLUTION CONTROL AG Conference Expense Sewer Utility-General 107022 12,000 MUNICIPAL LEGISLATIVE COMMISSI Dues&Subscriptions In Service Training 107023 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 107024 7,085 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 107025 5,489 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund .- 107026 1,379 QWEST Telephone Police 107027 20,246 RELIANT ENERGY RETAIL INC. Gas Maintenance 107028 2,992 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 107029 160 ROTO-ROOTER Building Repair&Maint. Prairie Village Liquor Store 107030 200 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council 107031 250 SOUNDS GREAT Special Event Fees Special Events&Trips 107032 333 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 107033 53 WALMART COMMUNITY Operating Supplies After School Programs 107034 74 ADAMS,SCOT Lessons&Classes Pool Lessons 107035 35 CASEY,ELIZABETH Lessons&Classes Ice Arena 107036 50 DUNLEAVY,JEANNE Lessons&Classes Ice Arena 107037 1,318 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 107038 90 POST BOARD Licenses&Taxes Police 107039 383 WILD MOUNTAIN REC AREA Special Event Fees Ski Trips/Winter Camp 107040 30 AMERICAN NATURE STUDY SOCIETY Dues&Subscriptions In Service Training 107041 176 FOLEY,CINDY AR Utility Water Enterprise Fund 107042 50 FORTIN CONSULTING INC Conference Expense In Service Training 107043 264 GRAY,ALAN Dues&Subscriptions In Service Training 107044 125 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 107045 75 MORROW,LYNN Travel Expense Police 107046 240 MUHLHAUSER,WENDY Instructor Service After School Programs 107047 24 NEW HOPE,CITY OF Dues&Subscriptions In Service Training 107048 10,487 NILSSON,BETH Instructor Service Ice Arena 107049 7 NSA-TRIAD Training Supplies Police 107050 257 PETTY CASH Travel Expense In Service Training 107051 28 RUDOLPH,VICKI Deposits Escrow 107052 547 SEARS EDEN PRAIRIE Capital Under$2,000 Outdoor Center 107053 75 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 107054 15 W GORDON SMITH COMPANY,THE Motor Fuels Water System Maintenance 107055 200 COMMISSIONER OF TRANSPORTATION Conference Expense In Service Training 107056 501 HOME DEPOT/GECF Repair&Maint.Supplies Water Meter Repair 107057 156 IND SCHOOL DIST 272 Gym Rental Wheelchair Basketball 107058 75 KNUDTSON,STEVE Org Athletic League Fees Softball 107059 177,555 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 107060 8 MINNESOTA DEPARTMENT OF PUBLIC Other Contracted Services Finance 107061 11 MINNESOTA DEPARTMENT OF PUBLIC Other Contracted Services Finance 107062 250 MINNESOTA RURAL WATER ASSOCIAT Conference Expense In Service Training 107063 382 MINNESOTA VIKINGS FOOD SERVICE Employee Award Human Resources 107064 20 MUNICI-PALS Dues&Subscriptions In Service Training 6 City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 107065 129 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 107066 40 PARR,DOUG Lessons&Classes Ice Arena 107067 369 PROTECTION ONE Other Contracted Services Prairie Village Liquor Store 107068 30 QUICKSILVER EXPRESS COURIER Postage General 107069 90 SCHULTZ,RYAN Other Contracted Services Liquor Compliance 107070 50 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Finance 107071 75 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 107072 806 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 107073 150 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 107074 7,636 DAY DISTRIBUTING Beer Den Road Liquor Store 107075 8,475 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 107076 16,846 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 107077 163 FAT CHANCE ENTERPRISES Misc Taxable Den Road Liquor Store 107078 1,911 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 107079 18,717 GRIGGS COOPER&CO Liquor Den Road Liquor Store 107080 170 HOHENSTEINS INC Beer Den Road Liquor Store 107081 46,835 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 107082 2,111 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 107083 7,701 MARK VII Beer Den Road Liquor Store 107084 365 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 107085 126 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store 107086 6,701 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 107087 1,098 PEPSI COLA COMPANY Merchandise for Resale Concessions 107088 25,563 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 107089 631 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 107090 2,266 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 107091 22,022 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 107092 23,814 THORPE DISTRIBUTING Beer Den Road Liquor Store 107093 3,109 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 107094 1,478 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 107095 1,576 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 107096 160 TC FOOD&WINE Conference Expense Den Road Liquor Store 107097 39,996 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Airport 107098 1,270 AMWA Dues&Subscriptions Water Utility-General 107099 40 BOLD,PAULINE Instructor Service Outdoor Center 107100 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 107101 110 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 107102 2,845 ELAN FINANCIAL SERVICES Travel Expense City Council 107103 215 GE CAPITAL Other Rentals General 107104 27,500 GOLDEN TRAINGLE TMA Deposits Escrow Fund 107105 179 HOLIDAY INN Travel Expense Fire 107106 135 JENSEN,CAMILLE Other Contracted Services Winter Skill Development 107107 60 MAGC Dues&Subscriptions In Service Training 107108 130 MCFERRIN,TANYA Instructor Service Outdoor Center 107109 32 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Utility-General 107110 57 MOSMAN,JAN Travel Expense City Council 107111 144 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 107112 4,872 QWEST Telephone Telephone 107113 3,684 ROUSE,SUSAN Clothing&Uniforms Ice Show 107114 63 SAGE PUBLICATIONS INC. Dues&Subscriptions Water Utility-General 107115 224 SUPER 8 Travel Expense Fire 107116 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 107117 120 TRAPP,SUZANNE Instructor Service Outdoor Center 107118 85 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 107119 3,287 XCEL ENERGY Principal Traffic Signals 107120 72 A TO Z RENTAL CENTER Other Rentals Water System Maintenance 107121 1,332 ADT SECURITY SYSTEMS INC Equipment Repair&Maint Maintenance 107122 544 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 107123 1,285 ANCHOR PAPER COMPANY Office Supplies General 107124 71 ARMOR SECURITY INC. Equipment Repair&Maint Outdoor Center 107125 498 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 107126 291 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 107127 313 BATTCHER AND AERO ELECTRICAL C Equipment Repair&Maint Hidden Ponds Reservoir 107128 207 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 107129 246 BERRY COFFEE COMPANY Operating Supplies Fire City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 107130 1,152 BIFFS INC Waste Disposal Park Maintenance 107131 85 BITSTREAM UNDERGROUND LLC Other Contracted Services Airport 107132 1,470 BLACK&VEATCH Other Contracted Services Water Treatment Plant 107133 1,917 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Utility-General 107134 6,707 BONESTROO ROSENE ANDERLIK&AS Design&Engineering Storm Drainage Projects 107135 1,391 BRAUN INTERTEC CORPORATION Design&Engineering Improvement Projects 1996 107136 34 BROADWAY AWARDS Awards Raquetball 107137 379 C&H DISTRIBUTORS INC. Cleaning Supplies Water Treatment Plant 107138 243 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 107139 705 CDW GOVERNMENT INC. Other Hardware Information Technology 107140 6,890 CENTRAIRE INC Equipment Repair&Maint Prairie View Liquor Store 107141 1,480 CHAD NESTOR&ASSOCIATES Other Contracted Services Recreation Administration 107142 207 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 107143 601 CLAREYS INC Small Tools Fire 107144 5,319 CLASS SOFTWARE SOLUTIONS Software Maintenance Information Technology 107145 340 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Senior Center 107146 2,420 COMARK GOVT&EDUCATION SALES Other Hardware Information Technology 107147 293 CONSTRUCTION BULLETIN Legal Notices Publishing Utility Improvement Fund 107148 3,359 CORNERHOUSE Other Contracted Services Police 107149 3,363 CORPORATE EXPRESS Office Supplies General 107150 2 CUMMINS NORTH CENTRAL INC Equipment Parts Fleet Services 107151 8,257 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 107152 325 DALCO Cleaning Supplies Maintenance 107153 1,450 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Maintenance 107154 854 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 107155 25 DEPT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant 107156 299 DIRECT SAFETY CO Safety Supplies Water Treatment Plant 107157 959 DNR SCREEN PRINTING INC. Awards Volleyball 107158 3,780 DPC INDUSTRIES INC Chemicals Water Treatment Plant 107159 268 DRISKILLS NEW MARKET Operating Supplies Fire 107160 8,156 DRT TRANSPORT Other Contracted Services Lime Sludge 107161 82 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 107162 2,861 EARL F ANDERSEN INC Signs Traffic Signs 107163 789 EBIKETOOLS.COM Clothing&Uniforms Police 107164 133 ECOLAB INC • Other Contracted Services Water Treatment Plant 107165 82 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 107166 457 EF JOHNSON Equipment Repair&Maint Wireless Communication 107167 1,554 ESCHELON TELECOM INC Operating Supplies Telephone 107168 310 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint.Fund 107169 1,256 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 107170 333 FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant 107171 236 FASTSIGNS Operating Supplies Maintenance 107172 94 FEDEX Postage General 107173 351 FERRELLGAS Motor Fuels Ice Arena 107174 201 FIRE INSTRUCTORS ASSOCIATION 0 Training Supplies Fire 107175 10 FRANKLIN COVEY CO. Office Supplies General 107176 166 FRESCO INC Small Tools Street Maintenance 107177 1,786 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms Park Maintenance 107178 2,307 GARDNER HARDWARE CO Building Repair&Maint. Water Well#6 107179 800 GIGOWSKI,TOM Other Contracted Services Volleyball 107180 48 GINA MARIAS INC Operating Supplies Fire 107181 40 GLOBALSCAPE INC Other Contracted Services Airport 107182 868 GOVERNMENT TRAINING SERVICE Conference Expense In Service Training 107183 326 GREATAMERICA LEASING CORP. Other Rentals General 107184 146 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 107185 12 HALDEMANN HOMME INC Printing Assessing 107186 1,050 HAMILTON,MICHAEL Other Contracted Services Broomball 107187 14,865 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 107188 1,072 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 107189 744 HARMON INC. Building Repair&Maint. Fire Station#2 107190 3,157 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 107191 294 HEAD LITES CORPORATION Safety Supplies Fleet Services 107192 588 HELLERS CARBONIC WEST Chemicals Water Treatment Plant 107193 208 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 107194 250 HENRY,PAUL Other Contracted Services Broomball Z City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 107195 480 HOLMES,KEN Other Contracted Services Basketball 107196 6,705 HONEYWELL INC. Other Contracted Services Water Treatment Plant 107197 125 HOPKINS FIRE DEPARTMENT Dues&Subscriptions Fire 107198 43 HUDSON MAP COMPANY Repair&Maint.Supplies Water System Maintenance 107199 1,336 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 107200 95,181 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 107201 807 INDUSTRIAL LIGHTING SUPPLY INC Building Repair&Maint. Water Treatment Plant 107202 470 INGRAHAM&ASSOC Improvements to Land Park Acquisition&Development 107203 402 INTERSTATE COMPANIES INC Equipment Parts Fleet Services 107204 128 J&H BERGE INC Safety Supplies Water Treatment Plant 107205 212 J H LARSON ELECTRICAL COMPANY Operating Supplies Park Maintenance 107206 432 J J KELLER&ASSOCIATES INC Training Supplies Sewer Utility-General 107207 144 J&R RADIATOR CORP Equipment Parts Fleet Services 107208 2,460 JANEX INC Cleaning Supplies General Facilities 107209 597 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 107210 50,013 KELLER FENCE COMPANY INC Improvement Contracts Utility Improvement Fund 107211 419 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 107212 1,554 L3 COMMUNICATIONS Capital Under$2,000 Wireless Communication 107213 64 LAB SAFETY SUPPLY INC Safety Supplies Water Treatment Plant 107214 100 LAKE COUNTRY DOOR Equipment Repair&Maint Fire 107215 10 LAKE REGION MUTUAL AID ASSN Dues&Subscriptions Fire 107216 69 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 107217 2,290 LANDFORM ENGINEERING COMPANY Improvement Contracts Capital Impr./Maint.Fund 107218 4,526 LESCO INC Landscape Materials/Supp Park Maintenance 107219 16,179 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 107220 500 MARTIN-MCALLISTER Employment Support Test Human Resources 107221 656 MATEJCEKS Equipment Parts Fleet Services 107222 755 MENARDS Small Tools Traffic Signals 107223 135 MES INC GLOBAL Clothing&Uniforms Fire 107224 983 METRO SALES INCORPORATED* Other Rentals General 107225 418 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 107226 1,180 MICHELAU,JOHN Other Contracted Services Volleyball 107227 8,781 MICRONICS Equipment Repair&Maint Water Treatment Plant 107228 735 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Water System Maintenance 107229 47 MIDWEST ENGINE SERVICE&SUPPL Equipment Repair&Maint Park Maintenance 107230 3,599 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 107231 159 MINNESOTA SAFETY COUNCIL Dues&Subscriptions In Service Training 107232 510 MINNESOTA SUPPLY COMPANY Equipment Repair&Maint Water Treatment Plant 107233 9,137 MINNESOTA VIKINGS FOOD SERVICE Employee Award Human Resources 107234 970 MINTA-GIGOWSKI,HANYA Other Contracted Services Volleyball 107235 116 MORLEY BURNETT Repair&Maint.Supplies Ice Arena 107236 4,934 MORTON SALT Salt Snow&Ice Control 107237 938 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 107238 1,125 NEUMANN,NEAL Other Contracted Services Broomball 107239 80 NEXUS INFORMATION SYSTEMS Equipment Repair&Maint Information Technology 107240 140 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 107241 17 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Water System Maintenance 107242 318 NORTHSTAR REPRO PRODUCTS INC Operating Supplies Engineering 107243 284 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 107244 370 OLSEN COMPANIES Small Tools Water System Maintenance 107245 680 OLSON,BILL Building Repair&Maint. Fire Station#3 107246 584 OSI BATTERIES INC Video&Photo Supplies Fire 107247 971 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 107248 103 PETSMART Canine Supplies Police 107249 650 PITNEY BOWES Equipment Repair&Maint General 107250 248 POWER PROCESS EQUIPMENT INC Repair&Maint.Supplies Sewer System Maintenance 107251 158 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 107252 1,899 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Well#13 107253 287 PRAIRIE OFFSET PRINTING Printing Street Maintenance 107254 300 PRECISION BUSINESS SYSTEMS INC Equipment Repair&Maint Water Utility-General 107255 144 PRINTERS SERVICE INC Other Contracted Services Ice Arena 107256 205 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 107257 92 RADIOSHACK Equipment Parts Fleet Services 107258 27 RAGAN COMMUNICATIONS Dues&Subscriptions Water Utility-General 107259 39 RAINBOW FOODS INC. Operating Supplies Senior Center Program 1. City of Eden Prairie Council Check Register 2/5/2002 Check# Amount Vendor Account Description Business Unit 107260 174 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 107261 90 RITZ CAMERA Video&Photo Supplies Police 107262 23,928 RMR SERVICES INC Equipment Parts Water Meter Repair 107263 33 RNK PRODUCTS Misc Taxable Prairie View Liquor Store 107264 17,031 RUFFRIDGE JOHNSON EQUIPMENT CO Machinery&Equipment Public Works 107265 3,150 RUMPCA CO INC Waste Disposal Tree Removal 107266 130 SAFETY-KLEEN Other Rentals Park Maintenance 107267 63,592 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 107268 143 SHRED-IT Waste Disposal City Center Operations 107269 12,648 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 107270 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 107271 135 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 107272 23 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 107273 18,731 SRF CONSULTING GROUP INC Improvements to Land Construction Fund 107274 34 STANDARD SPRING Equipment Parts Fleet Services 107275 190 STREICHERS Clothing&Uniforms Police 107276 128 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 107277 157 SUBURBAN TIRE&AUTO SERVICE I Tires Fleet Services 107278 125 SWEDLUNDS Waste Disposal Outdoor Center 107279 2,000 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 107280 357 TEMPEST TECHNOLOGY CORP Operating Supplies Fire 107281 1,845 TESSMAN SEED CO Chemicals Park Maintenance 107282 14,074 TKDA Design&Engineering Utility Improvement Fund 107283 160 TOLL GAS AND WELDING SUPPLY Building Materials Park Maintenance 107284 54 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 107285 9,905 TWIN CITY SEED CO Chemicals Park Maintenance 107286 14 TWIN CITY WINDUSTRIAL CO. Repair&Maint.Supplies Water Treatment Plant 107287 505 UNIFORMS UNLIMITED Clothing&Uniforms Police 107288 1,605 UNITED RENTALS Capital Under$2,000 Water System Maintenance 107289 2,766 UNITED RENTALS-HT BRANCH#229 Signs Traffic Signs 107290 913 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 107291 6,657 UPBEAT INC. Capital Under$2,000 Water Treatment Plant 107292 329 US CAVALRY Clothing&Uniforms Police 107293 406 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 107294 99 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 107295 1,318 W W GRAINGER Equipment Parts Fleet Services 107296 1,191 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 107297 3,090 WATSON CO INC,THE Merchandise for Resale Concessions 107298 215 WEST WELD Equipment Parts Fleet Services 107299 21 WESTBURNE SUPPLY INC-PLYMOUT Repair&Maint.Supplies Maintenance 107300 1,854 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Capital Impr./Maint.Fund 107301 94 YALE INCORPORATED Building Repair&Maint. Water Treatment Plant 107302 141 ZEP MANUFACTURING CO Operating Supplies Fleet Services 4,567,707 Grand Total /0 CITY COUNCIL AGENDA DATE: 02/05/02 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Hennepin Village X' Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Hennepin Village. Synopsis This project is for: • 184 single family homes • 511 townhouses • 5-7 acres of neighborhood commercial(no square footage is proposed,however the neighborhood commercial zoning district permits up to 50,000 square feet of commercial.) • 71 acres of office (no square footage is proposed,however 71 acres of office at a.3 bases area ratio is 927,828 square feet) • 71 acres of open space The signed Developer Agreements will be hand carried to the Council meeting. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 1 HENNEPIN VILLAGE CITY OF EDEN PRAIRIE H N;NNEPIN COUNTY,MINNESOTA ORDINANCE NO. 1-2002-PUD-1-2002 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 Rural Zoning District and be placed in the Planned Unit Development R1-9.5 and RM-6.5 Zoning Districts 1-2002-PUD-1-2002 (hereinafter"PUD-1-2002-R1-9.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of February 5, 2002, entered into between The Pemtom Land Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-2002-R1-9.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2002-R1-9.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2002-R1-9.5 and RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2002-R1-9.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-1-2002-R1-9.5 and RM-6.5 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 Rural Zoning District, and placed in the R1-9.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-1-2002-R1-9.5 and RM- 6.5 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 20th day of November, 2001, 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 5th day of February,2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on 3 LEGAL DESCRIPTION FOR REZONING FROMRURAL TO R1-9.5 All that part of the following: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,Township 116, Range 22,lying westerly of the Center line of Hennepin County Road No. 4, which lies northerly and westerly of the following described line;Beginning at a point in the centerline of County Road No. 4,from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28; thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the center line of said Hennepin County Road No. 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating and which also lies southerly of the following describe line; Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28; thence easterly along the north line thereof, a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly, deflecting to the right 03 degrees 25 minutes 15 seconds,a distance of 1443.72 feet to the centerline of said Hennepin County Road No. 4 and said line there terminating. Lying northerly, easterly,northerly and westerly of the following described line: Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28; thence South 00 degrees 23 minutes 39 seconds East, a distance of 263.56 feet to the point of beginning; thence South 88 degrees 53 minutes 53 seconds East, a distance of 189.39 feet; thence southerly along a non-tangential curve concave to west having a central angle of 13 degrees 33 minutes 50 seconds, and a radius of 135.00 feet for an arc distance of 31'.96 feet,the chord of said curve bears South 05 degrees 40 minutes 42 seconds East; thence South 01 degrees 06 minutes 12 seconds West,tangent to last described curve, a distance of 274.20 feet; thence southeasterly along a tangential curve concave to the northeast,having a central angle of 123 degrees 07,minutes 40 seconds and a radius of 80.00 feet,for an arc distance of 171.92 feet;thence North 57 degrees 58 minutes 32 seconds East,tangent to last described curve, a distance of 80.67 feet;thence easterly along a tangential curve concave to the south,having a central angle of 19 degrees 59 minutes 03 seconds and a radius of 250.00 feet, for an arc distance of 87.20 feet; thence North 77 degrees 57 minutes 35 seconds East, tangent to last described curve, a distance of 165.03 feet; thence northeasterly along a tangential curve concave to the northwest,having a central angle of 27 degrees 32 minutes 02 seconds and a radius of 450.00 feet,for an arc distance of 216.25 feet;thence North 50 degrees 25 minutes 33 seconds East,tangent to last described curve, a distance of 98.92 feet;thence northeasterly along a tangential curve concave to the northwest, 1 • having a central angle of 49 degrees 19 minutes 20 seconds and a radius of 150.00 feet,for an arc distance of 129.13 feet; thence North 01 degrees 06 minutes 12 - seconds East, tangent to last described curve, a distance of 235.52 feet to the northerly line of the above described parcel and said line there terminating. • • • 1/31/02 5 P,120001096\doc\legals\20001096REZONE-Rl-9.5.doc LEGAL DESCRIPTION FOR REZONING FROM RURAL TO RM-6.5 All that part of the following: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28, Township 116, Range 22,lying westerly of the Center line of Hennepin County Road No. 4,which lies northerly and westerly of the following described line;Beginning at a point in the centerline of County Road No.4,from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28; thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the center line of said Hennepin County Road No. 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating and which also lies southerly of the following describe line; Commencing at the northwest corner of said South One Half of the South One'Half of the Northwest Quarter of Said Section 28; thence easterly along the north line thereof, a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly, deflecting to the right 03 degrees 25 minutes 15 seconds, a distance of 1443.72 feet to the centerline of said Hennepin County Road No. 4 and said line there terminating. AND That part of Tract D, RLS No. 1667,Files of the Registrar of Titles, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County Road No. 4 per HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, according to the recorded plat thereof Hennepin County, Minnesota, except that part lying southerly and southwesterly of the following described line: Commencing at the northwest corner of said Tract D; thence on a assumed bearing of South, along the west line of said Tract D, a distance of 522.70 feet to the point of beginning of the line to be described; thence North 68 degrees 07 minutes 41 seconds East,a distance of 81.85 feet; thence South 53 degrees 05 minutes 30 seconds East,to the southeasterly line of said Tract D and said line there terminating. Lying southerly,westerly, southerly and easterly of the following described line: Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28; thence South 00 degrees 23 minutes 39 seconds East, a distance of 263.56 feet to the point of beginning; thence South 88 degrees 53 minutes 53 seconds East, a distance of 189.39 feet; thence southerly along a non-tangential curve concave to west having a central angle of 13 degrees 33 minutes 50 seconds, and a radius of 135.00 feet for an arc distance of 31.96 feet,the chord of said curve bears South 05 degrees 40 minutes 42 seconds East; thence South 01 degrees 06 minutes 12 seconds West, tangent to last described curve, a distance of 274.20 feet;thence southeasterly along a tangential curve concave to the northeast,having a central angle of 123 degrees 07 minutes 40 seconds and a radius of 80.00 feet, for an arc distance of 171.92 feet;thence North 57 degrees 58 minutes 32 seconds East,tangent to last described curve, a distance of 80.67 feet;thence easterly along a tangential curve concave to the south,having a central angle of 19 degrees 59 minutes 03 seconds and a radius of 250.00 feet, for an arc distance of 87.20 feet;thence North 77 degrees 57 minutes 35 seconds East, tangent to last described curve, a distance of 165.03 feet;thence northeasterly along a tangential curve concave to the northwest,having a central angle of 27 degrees 32 minutes 02 seconds and a radius of 450.00 feet,for an arc distance of 216.25 feet;thence North 50 degrees 25 minutes 33 seconds East,tangent to last described curve, a distance of 98.92 feet; thence northeasterly along a tangential curve concave to the northwest, having a central angle of 49 degrees 19 minutes 20 seconds and a radius of 150.00 feet, for an arc distance of 129.13 feet;thence North 01 degrees 06 minutes 12 seconds East, tangent to last described curve, a distance of 235.52 feet to the northerly line of the above described parcel and said line there terminating. • 1/31/02 - P:\20001096\doc\legals120001096REZONE-RM-6.5.doc HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2002-PUD-1-2002 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 south of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212, from the Rural Zoning District to the R1-9.5 and RM-6.5 Zoning Districts. 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 A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HENNEPIN VILLAGE BY THE PEMTOM LAND COMPANY WHEREAS, The Pemtom Land Company,has applied for Site Plan approval of Hennepin Village on 18 acres for construction of, 70 townhouses to be zoned in the RM-6.5 Zoning District on 18 acres,by an Ordinance approved by the City Council on February 5, 2002; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its November 13, 2001 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its November 20,2001 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to The Pemtom Land Company, for the construction of 70 townhouses to be zoned in the RM-6.5 Zoning District on 18 acres,based on plans dated November 13,2001,between The Pemtom Land Company, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 5th day of February 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk 9 3 � CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 5, 2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Financial Services Director Resolution Calling For Public Hearing On The E Donald Uram Proposed Issuance Of Multifamily Housing Revenue Bonds Requested Action Move to: Adopt Resolution Calling For Public Hearing on the Proposed Issuance of Multifamily Housing Revenue Bonds Synopsis Minnesota Statutes Chapter 462C.04,Subd. 2, and Section 147(f)of the Internal Revenue Code, require as a condition to the issuance of Multifamily Housing Revenue Bonds that a public hearing be held. This hearing is scheduled for March 7. Background Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership has asked that the City authorize the issuance of its housing revenue bonds for the purpose of financing a multifamily housing development pursuant to Minnesota Statutes,Chapter 462C. The proceeds of the revenue bonds will be loaned to the Eden Prairie Leased Housing Associates I to finance the acquisition and construction of a 210-unit qualified multifamily residential rental housing facility known as the"Heights at Valley View." The project will be located on the northwest corner of Valley View Road and Flying Cloud Drive. The developer is(Dominium Development) scheduled to present this project at an informational meeting before the Planning Board on February 11. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION CALLING FOR PUBLIC HEARING ON THE PROPOSED ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $26,500,000 WHEREAS the City of Eden Prairie, Minnesota(the "Issuer") is a municipal corporation organized and existing under the Constitution and laws of the State of Minnesota, and the Issuer is authorized and empowered by Minnesota Statutes, Chapter 462C, as amended (the "Act"), to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping multifamily housing developments, as that term is defined in the Act; and WHEREAS, a proposal has been made to the Issuer by Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership (referred to herein as the "Borrower"), that the Issuer authorize the issuance of its housing revenue bonds for the purpose of financing a multifamily housing development pursuant to the Act(the"Project"); and WHEREAS, the Project consists of the acquisition and construction of a qualified residential rental facility and the Project is more particularly described in the Housing Program developed pursuant to the Act with respect thereto, a copy of which Housing Program is attached hereto as Exhibit B (the"Housing Program"); and WHEREAS,the funds to provide financing for the Project would be obtained through the issuance by the Issuer of its Multifamily Housing Revenue Bonds, in one or more series, in a principal amount not to exceed $26,500,000 (the "Bonds"), which Bonds are to be repaid solely through payments to be made by the Borrower pursuant to a loan or similar agreement to be entered into between the Issuer and the Borrower; and • WHEREAS,the Bonds shall be a limited obligation of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the loan agreement and security provided therefor; and WHEREAS, pursuant to Section 462C.04, Subd. 2, of the Act and Section 147(f) of the Internal Revenue Code, as a condition to the issuance of the Bonds, it is necessary to conduct a public hearing on the issuance of the Bonds and on the Housing Program and to publish notice of said public hearing not less than 15 days prior to the date fixed for the hearing. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. A public hearing shall be conducted by the City Council on the issuance of said Bonds and on the Housing Program, such hearing to be held at a meeting of the Council on March 7, 2002,beginning at 7:00 o'clock p.m. in the City Hall, at which hearing all parties who appear shall be given an opportunity to express their views with respect to the issuance of the Bonds and the Housing Program. 2. Notice of such public hearing, in substantially the form attached hereto as Exhibit A, shall be published at least once not less than 15 days prior to the date fixed for the hearing, in a newspaper having a general circulation in the City of Eden Prairie. 3. Prior to publication of said notice a copy of the Housing Program to be submitted to the regional development commission for the area in which the City of Eden Prairie is located, if any, for review and comments. Adopted on February 5,2002 by the Eden Prairie City Council. By: Ronald Case, Acting Mayor Attest: By: Kathleen Porta, City Clerk 3 EXHIBIT A PUBLIC TTRARING ON THE PROPOSED ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $26,500,000 NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the City Council of the City of Eden Prairie, Minnesota (the "Issuer") on a proposal that it issue its Multifamily Housing Revenue Bonds, in an aggregate principal amount of not to exceed $26,500,000, in one or more series (the `Bonds"), and on the related Housing Program developed pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"). The hearing will be held at City Hall, located at 8080 Mitchell Road,Eden Prairie,Minnesota, at a meeting of the City Council to be held on Thursday, March 7, 2002, beginning at 7:00 o'clock p.m. The proposed project to be financed by.the Bonds consists of the acquisition and construction of a 210-unit qualified multifamily residential rental housing facility(the "Project"), and all as further described in the Housing Program developed pursuant to the Act with respect thereto, a copy of which is on file at City Hall. The facility to be financed by the Bonds will be located on the northwest corner of Valley View Road and Flying Cloud Drive in the City of Eden Prairie, Minnesota. The Project shall be owned and operated by Eden Prairie Leased Housing Associates I, Limited Partnership (referred to as the "Borrower"). The proceeds of the Bonds will be loaned by the Issuer to the Borrower to provide financing for the Project, and the Borrower will agree to repay the loan at times and in amounts sufficient to provide for payment in full of the bonds when due. At said time and place the City Council shall give all parties who appear an opportunity to express their views with respect to the Housing Program and the issuance of the Bonds. Written comments will be accepted at City Hall until the time of hearing. Date: ,2002. BY ORDER OF THE CITY COUNCIL /s/ Kathleen Porta City Clerk A/ E3CHIBIT B FINANCING PROGRAM FOR THE ACQUISITION AND CONSTRUCTION OF A MULTIFAM LY HOUSING FACILITY • Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eden Prairie, Minnesota (the "City") is authorized to undertake housing development projects and to issue its revenue bonds for the financing of housing development projects. The City proposes to loan the proceeds of revenue bonds to finance the acquisition and construction by Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership (the "Borrower"), of the multifamily housing facility as more fully described in Appendix A attached hereto (the "Project"). Minnesota Statutes, Chapter 462C requires the adoption of a housing program following a public hearing as required prior to the issuance of housing revenue bonds or other obligations under Chapter 462C. The City intends that financing of the Project may be provided through any one or more of the following: (a) the issuance of up to $26,500,000 in one or more series of housing development bonds of the City(the"Bonds") secured by the Project financed therefrom; and (b) the making or entering into any contracts, agreements, reimbursement agreements, mortgages, assignments, security agreements, guarantees, or similar agreements or instruments as may be necessary in connection with accomplishing the purposes set forth in the Program. The amount of financing for the Project is not expected to exceed $26,500,000. The Project will be owned and operated by the Borrower as a qualified multifamily residential rental project. Rents anticipated to be collected for the various units in the Project are anticipated to be as set forth in Appendix A. The City, in financing the Project,has determined that financing the Project is in the best interest of the public health, safety and welfare of the people of the City of Eden Prairie, Minnesota. Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Housing Unit" shall mean any one of the apartments located in the Project, occupied by one or more persons or a family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated as more fully described in Appendix A attached hereto. "Program" shall mean this program for the financing of the Project. Section B. Program for Financing the Project. The City is establishing this Program to provide financing for acquisition and construction of the Project,by the Borrower, at such cost B7Y and upon such other terms and conditions as may be determined by the City in accordance with the Act. The City expects to issue up to $26,500,000 of one or more series of Bonds to finance the Project under the Program. The proceeds of the Bonds will be loaned to the Borrower and applied to finance the acquisition of the Land, construction and equipping of the Project,to fund required reserves and to pay the costs of issuing the Bonds. It is anticipated that any Bonds issued under this Program shall have a maturity of approximately thirty-five (35) years or less and will bear interest at a rate of approximately, but not to exceed, 8.5% per annum with respect to tax-exempt bonds and 9.0% per annum with respect to taxable bonds; however, the Bonds will, of course, be priced to the market at the time of issuance. Section C. Local Contributions to the Program. The Borrower has also requested assistance from the City in the form of tax increment financing and a Community Development Block Grant. The Borrower may also request HOME funds from the Minnesota Housing Finance Agency ("MHFA"), a Super RFP from MHFA and waiver of certain SAC and WAC fees from the Metropolitan Council. Section D. Standards and Requirements Relating to the Financing of the Project Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the City and the Borrower: (1) The Borrower will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance or disability. (2) The Project will be constructed in accordance with applicable zoning ordinances or other applicable land use regulations, including the State Building Code as set forth under Minnesota Statutes, Section 16.83, et seq. • (3) The affordability standards and set-aside requirements of Section 462C.05, Subdivision 2 of the Act, and the requirements of Minnesota Statutes, Chapter 474A and Section 142(d) of the Internal Revenue Code of 1986, as amended,will be met. Section E. Issuance of Bonds. To finance the Project pursuant to this Program, the City expects to issue its bonds in a principal amount not to exceed$26,500,000 in the aggregate; in any calendar year secured by the Project and other moneys pledged to the payment of such Bonds. The cost of the Project is presently expected not to exceed$35,000,000. The cost of the Project may change between the date of preparation of this Program and the date of making of construction loans or issuance of Bonds for such Project. Section F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, B� exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction,the decision of such court shall not affect or impair any of the remaining provisions. Section G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding,to the detriment of the holders of such Bonds. Section H. State Ceiling. Up to $26,500,000 of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, and Chapter 474A of Minnesota Statutes,will be used with respect to the Bonds • • - (4- z HISTORY OF FREEBURG/PERKINS PROPERTIES Summer, 1973: City assessor approves division of property into 3 lots; however, there was not any Application, Public Hearing or City Council approval. Deed between family members denied by Hennepin County Registrar of Titles. April 30, 1974, July 9, 1974, May 27, 1975: Council approves division into 2 lots, denying request for 3 lots. May, 1989 Council Minutes: Application made and hearings held for a 3 lot subdivision. At public hearing: Clayton Freeburg —"This is a family project." Mayor Peterson — "If a developer had come to the Council (with this request), it would be denied, this is a family property that should count for something," Passed 3-1 Developers Agreement signed on May 1, 1990. Plat never recorded, Developer's Agreement never acted upon. March-October, 1993: Revised Freeburg/Perkins/Feltl 3 lot subdivision requested. Application withdrawn after several hearings, Felt'was not a family member. July-September, 1999: Application approved for revised 3 lots, 3-2, because Council was told the 1989 plat was still valid and the 1999 plat was better because "new homes would be located farther from the lake there by reducing the visual impact on the lake." Lot 2 approved at 100 feet back on the west side and 75 feet back on the south side. New Developer Agreement signed August 3, 1999, but not recorded. New plat recorded although all requirements for plat recording contained in Developer's Agreement are not met. September, 1999: Lot 2 sold to Nate Bergeland. Developer's Agreement not disclosed although, 75 foot set back requirement is disclosed. November 27, 1999: Grading commenced on 2 lots without any permits in further violations to Developer's Agreement. December 7, 1999: At City Council Forum, neighborhood brings "Deviations from Perkins Subdivision Developer Agreement" (attached) to the attention of City Council. Grading stopped. March 21, 2000: Council denies (5-0) Perkins request to amend the Developer's Agreement to allow him to build on Lots 1 & 3. January, 2001: Court allows Bergeland to repair existing house and keep gazebo. July, 2001: Variance Board allows Bergeland's request to repair existing house and keep gazebo but denies request to enlarge existing house. February 6, 2002: Variance Board grants Bergeland 55 foot set back on south side of new home. Deviations from Perkins Subdivision Developer Agreement Dated 8/3/99 Developer Agreement Section 1. PLANS: The plans recently submitted do not conform to those approved by the city council on 3/2/99. Specifically, it retains use of 2 existing septic systems and 2 existing houses remain on the property. 3A. FINAL GRADING&DRAINAGE PLAN:Not yet submitted or approved for all 3 properties. In fact, grading commenced on 11/27/99 on 2 lots. 3B. EROSION CONTROL PLAN: Not yet submitted or approved for all 3 properties. 4. PRIVATE DRIVEWAY: Before the plat was signed by the City, a reciprocal, joint access and maintenance agreement was to be approved by the City Engineer, executed and filed against the property. None of this was done. 5. SANITARY SEWER EASEMENT, MAINTENANCE AND USE AGREEMENT: Before the plat was signed by the City, the same procedure as Number 4 was to be followed. None of this was done and the draft of a recent agreement does not conform to the approved plan. 6. SPECIAL ASSESSMENT AGREEMENT: Before the plat was signed,this document was to be executed. It was not done. 7. REMOVAL/SEALING OF EXISTING WELLS AND SEPTIC SYSTEMS: The plan submitted does not include all three lots and does not conform to the approved plan. Also, the amount of the deposit guarantee was not determined or made. 8. RETAINING WALLS: Must be approved by Chief Building Official. The plan submitted was not signed by a registered engineer. 9. TREE LOSS/REPLACEMENT: Not yet submitted or approved for all 3 properties. Must also be completed before building permit issuance. EXIT C I. Development Plan, conforming to approved Plan, not submitted for all 3 properties. II. Watershed District approval not obtained. III. Park Fees not determined or paid. IVA. Prior to theplat being signed, Developer was to provide a title policy proving ownership of the property. This was not done and we have a title report that shows all owners of the property did not sign the Developer's Agreement. Developer Agreement not filed against property. VIII. Prior to the plat being signed,Developer was to pay City fees for street lighting if any is determined. To the best of our knowledge,no determination was made. IX. Developer was to submit various plans to Fire Marshall for review and approval. This was not done. XIII. All existing structures,walls and septic systems shall be removed before issuance of any building permits. Two structures remain and no septic systems have been removed. CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Service Area Presentation by Minnesota Water Quality /� Leslie Stovring Partnership on Phosphorus Legislation /- Through Eugene Dietz Synopsis The Minnesota Water Quality Partnership has requested time to update the City Council on recent legislation limiting use of phosphorus and to request assistance with funding their efforts. Attachments Memo from Minnesota Water Quality Partnership dated December 13, 2001 I MEMORANDUM From: Minnesota Water Quality Partnership To: Eden Prairie City Council Date: December 13,2001 Re: Pending Legislation Regarding Phosphorus-Containing Fertilizer The Minnesota Water Quality Partnership ("the MWQP") is a coalition of local governments, watershed districts and concerned Minnesotans who believe that Minnesota's lakes and waterways are being polluted by the run-off caused by the over-use of phosphorus-containing lawn fertilizer ("PLF"). The MWQP advocates for the passage of legislation in the next session of the Minnesota Legislature that would create a statewide restriction on the sale and use of PLF. Studies performed in the State of Minnesota("the State") indicate that over 80% of lawns in the State have sufficient levels of phosphorus occurring naturally. The use of PLF is above and beyond most lawns phosphorus needs. The legislation we advocate restricts the sale and use of PLF except under certain limited conditions: (1) When a test calls for PLF application; (2) When creating new turf; and (3) When using organic PLF. The legislation is another tool for government to continue the education process already underway in many communities. The City of Eden Prairie has adopted a Resolution supporting the legislation advocated by the MWQP, and the City of Shorewood. Representatives of the MWQP wish to update members of the City Council on the progress of the legislation and request that the City make a contribution to the cost of the legislative effort. A number of established interest groups have lined up to oppose this legislation. In response, the MWQP seeks the participation of local elected officials to ensure success in the 2002 legislative session. James A.McGreevy III • Larkin,Hoffman,Daly&Lindgren 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington,MN 55431 Work: 952-896-3224 Mobile: 612-483-8984 Fax: 952-896-1598 CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager City g , v ' Carl J.Jullie Ci Mana er Position Profile Requested Action Move to: Approve the City Manager Position Profile as prepared by Personnel Decisions International. Synopsis Attached is the City Manager Position Profile prepared by Personnel Decisions International to be used as a further screening tool and information source as we progress toward final selection of a new Eden Prairie City Manager. Input for this document was provided through personal interviews with Councilmembers, Service Area Directors, community representatives, employee focus groups, e-mail input and document reviews. The Position Profile outlines certain challenges and issues facing the position and also provides an extensive list of qualities we would desire the new manager to possess. The general areas include leadership, human resources, communications skills,judgment and decision making, administrative and technical skills and personal characteristics. Recommend Council approval of the City Manager Position Profile as prepared by Personnel Decisions International. Attachments Position Profile PERSONNEL DECISIONS City Manager Eden Prairie, Minnesota Position Profile Prepared by: Personnel Decisions International 18 January 2002 City Manager Eden Prairie, Minnesota Position Profile Introduction This document is designed to serve three purposes: • Serve as a basis for assessment and selection of the candidates for the City Manager position. • Provide information for candidates regarding the requirements, issues, and challenges that accompany the position. • Provide the City of Eden Prairie with feedback regarding issues impacting the City's current and future status. Sources of Information Information for this document was obtained through a variety of sources: • Discussions with Council Members • Interviews with service area directors • Focus groups with employees • E-mail input from employees • • Interview with community representatives • Document review The support and cooperation of all staff and elected officials in contributing to this document is gratefully acknowledged. Background The City of Eden Prairie, Minnesota comprises 35 square miles and a population of 55,000. The city has 265 employees; 2000 general fund expenditures were approximately $24 million. Challenges and Issues Facing the Position While not all-inclusive, the following issues provide a "flavor" of priorities facing the City and the position: • Facilitate the transition from a rapidly-developing community to one of stability. Respond to new challenges of re-development and in-filling. • Continue efforts to build coalitions with residents, the business community, and other organizations serving Eden Prairie. • Build a cohesive staff team; fill a key service area manager vacancy. • Help city council achieve consensus and facilitate their discussion of often difficult and complex issues. • Position Eden Prairie as a critical member of the larger Twin Cities metropolitan community. • Help articulate a clear vision that will provide focus for employees and generate support and enthusiasm for city goals. • • Meet the challenge of projected decreases in state financial support while completing plans for parks and other projects requiring fiscal resources. • Provide guidance in dealing with issues such as transportation and airport expansion. Desired Qualities Background The following represents a compilation of the desired knowledge, skills, abilities, and personal characteristics required for the position. While it is recognized that no one individual is likely to possess all these qualities, it is nonetheless helpful to begin with a "template" in order to evaluate candidates. Leadership Qualities • Can articulate a long-range vision for the City • Shares leadership and seeks consensus among all parties • Supports and empowers staff in their decision making while holding them accountable • Effectively motivates staff and develops a spirit of camaraderie A U 1 •uotjjtin tz Ajaaruxixoxddt axa & saxnaipuadxa punj juxauaS 000Z .saAojduxa 9Z oil LIP agy '000`SS ;o uotarjndod r put' sap.' an nbs sc sasuduxoo raosauum 'arxiuxd uapa jo AiD ata punoa231ptg •pa2pajn&ouojot AjjrtjaariS sr auauxnoop sup oa Sutanquauoo ut sjrtat o paaaaja pur jras jjc jo uotarxadooa put axoddns aq1, nnainax auatunooa • santxrauasaidas M.itunuxuroa tpiM nnainiaaui • saadojduta wag andut jtrtu-g • saadold= gatM sdnox2 snood • sxoaoaxtp mar aotnxas gain& smatnxaaui • sxaquxayq pounop gain&suotssnosta • :mantas jo Aaapun u gSnonp pautrago sun auatunoop sup xo;uoputuxojui uoRUuYaoJUI Jo sa3anos -sums axnanj pur auaxxno s,Mt3 alp Sugordult sansst SutpirSax 3jorgpaa3 gatM autuxd uapg jo fato atp apinoxd • •uoutsod aqa Autdw000u artp saSuajjtgo put sansst 'sauauxaxtnbax aqa SutpxrSax saauptpuro xo3 uotaruxxoJui apinoxd • •uoptsod xaSruuysi A3t3 aqa xo3 saatpipuro alp jo uopoajas pur auatussasst xo3 stsuq r sc anxas • :sasodxnd aaitp anxas oa pau2isap st aua.unoop stgs, uopanpoa,ul ajjoad uoilisod E3oSauulw `aP!Uaa uap3 • Forms a team with Council and staff • Builds community partnerships • Provides recognition for exemplary employees • Promotes the city • Quickly establishes credibility • Leads by consensus • Welcomes and encourages citizen participation • • Helps others improve their problem-solving capabilities • Encourages creativity and appropriate risk-taking • Is fair, objective, and able to gain others' respect and trust • Shows strong trust in staff's abilities—solicits their input, delegates responsibility, and allows sufficient latitude • Develops partnerships with staff, Council, and others • Coaches and trains staff where necessary • • Recognizes leadership capability in others • Is willing to make tough leadership decisions • • Aligns people's effort toward common goals • • Gains others' commitment toward goals • Is fair but firm • Shares credit with staff as appropriate • Creates a climate of trust and openness Human Relations • Establishes and maintains strong, cooperative, and trusting working relationships with staff, Council, governmental agencies, and other groups • Demonstrates strong interest in, understanding of, and consideration of others' needs, feelings, and opinions • Values others and does not come across as condescending or arrogant • Expresses disagreement tactfully • • Shows sensitivity and tolerance of others • Is an excellent negotiator • Relates well to people of different backgrounds 54c • Is skilled and objective in resolving conflict • Is open and approachable by others • Displays compassion when appropriate • Works well with all people, regardless of position, ethnicity, or gender • Possesses strong political sensitivity and interpersonal insight; quickly picks up on group dynamics,people's emotions, etc. • Takes a clear stand on harassment, discrimination, and other issues which detract from a healthy and equitable workplace • Is outgoing; enjoys meeting people • Becomes involved in the community • Is appropriately assertive • Is willing to provide help • Ensures others feel important Communication Skills • Listens well; demonstrates receptivity and attentiveness • Is an articulate communicator, both orally and in writing • Seeks input from others • Has media presence; is effective as a public speaker • Can present ideas in a clear, concise, and persuasive manner • Fosters open communication •. Shares pertinent information Judgment and Decision Making • Takes a big-picture perspective; does not lose sight of important issues • Demonstrates creative problem solving • Is willing to make tough decisions • Possesses sound business judgment • Has an open decision-making style • Is deliberate and decisive in regards to taking action • Demonstrates environmental awareness • Is a quick study and demonstrates grasp of intuitive issues --"/// spunoi2Norq auaza tp jo aidoad oa Ham saatiaAi • zoattao2au auajiaaxa ut si • szatpoJo aautzaioa put Mtnutsuas smotis • Aiinaata auatuaaiOtstp sassazdxg • auuSozzt zo Sutpuaasapuoa sr ssoz3E atuoa aou swop put szatpo sanitA • suotuido put `s2uiiaaj `spaau ,szatpo Jo uoptzapisuoa put ` o &unpuEaszapun `ut asaxaaut 2uoxas saatzasuotuaa • sdnoz2 zatpo put `solaria E itauatuuzanoS `itaunop `etas balm sdigsuoptpz 2upizom SuiastLta put `antntzadooa `2uozas sutnauptu put satistigtasg • suopeiag urtunH ssauuado pur asnza Jo aartuip t saataiD • aatudozddE sE JJEas tiatm 3!paza sazttis • wag anq alt.; si • sito2 pztmoa auauuturtuoa ,szagao Sup 9 • sito2 uourtuoa pztmoa azo$a s‘atdoad su2iW • suotspap digszaptai ggnoa a3tetu oa Suiijtm si • szatpo ui A.agtgtdta digszaptai saztu2oaaji • A nSSaaau azatIM JtaS suttza put SatptoJ • szatpo pur `itaunoD leas dorm sdtgszauaztd sdoianaa • apn;pEi auataEns smoft pur ‘A3HRIsuodsar sa3t2app `3ndut ziatia sipiios—Satatitgt Sams'Lit asnza Suoi s smutis • asnza pur 3aadsaz ,szatpo utt5 oa aigE pur `anpaafgo cap.; sr • tut p -}isu aatizdozddr pur Aatnptaza sa Eznoaug • sapiitgtdta &utnios-tuaigozd zptp anozdtut szatiao SdiaH • uourdiap.ztd uaziata sagtznoaua pur satuoaia/A • snsuasuoa Aq sptaq • 14tiigipaza satistiquasa Apptnb • kip aria saaouiozd • saaAoidtua Aitiduzaxa zoj uo1311.12oaaz Saptnozd • sditiszauaztd Xaiutuutuoa spitng • jtas pur ipunoD tptm tutaa t aural • • Is fiscally astute; possesses good quantitative skills and has a strong understanding of fiscal management • Balances policy with special needs • Practices collaborative problem solving • Provides Council with appropriate alternatives and recommendations • Understands Council/staff roles • Approaches issues from multiple perspectives • Thinks quickly on his/her feet • Demonstrates acumen as a long-term financial strategist • Possesses the foresight to anticipate problems • Effectively balances conflicting needs • Asks for help when appropriate • Provides rationale for decisions • Uses expertise of citizenry Administrative Skills • Possesses strong long-range planning skills-has good visionary skills and is able to develop long-term strategies • Establishes clear, effective priorities • Is able to coordinate/manage resources so that operations are efficient and focused • Demonstrates good contingency planning • Demonstrates an appropriate level of control and follow-up - neither overcontrolling nor undercontrolling • Possesses solid overall management skills • Runs an efficient operation • Ensures that things are completed in a timely fashion Personal Characteristics • Possesses high ethical standards and considers the ethical implications of actions • Is honest and disclosing • Demonstrates maturity; has a realistic view of self • Is in touch with the community—shares community values • Is a reflective and non-impulsive individual • Remains calm in difficult situations and does not overreact • Is willing to admit mistakes, lack of knowledge, etc. • Has appropriate level of self-confidence—does not come across as pretentious or arrogant • Stands up for principles • Possesses a positive outlook and a good sense of humor • Is willing to take responsibility • Is credible and straightforward • Is a person of strong character and integrity • Remains visible and accessible to employees • Functions effectively, even in stressful situations • Displays enthusiasm and energy ' Technical Skills ' • Has knowledge of planning issues • Demonstrates understanding of development and redevelopment • Possesses knowledge of economic development strategies • Possesses strong financial management skills • Has knowledge in parks, recreation, and natural resources • Understands legal implications of decisions uoigsej t(jauzp a ut paaajdwoa it s2uitja aega saxnsug • uoiaeiado auaiaija ue sunZj • supts auawaSeueuz !patio pijos sassassod • 2uijjoxauoaxapun aou Suijjoaauoaxano xaijalau - dn-mojjoj pue joxauoa Jo lanai aaeudoadde tar saaeaasuouzaa • Suiuucjd AauaSuuuoa pooS saacaasuouzaa • pasnaoJ pug auatajfa axe suoucxado aega os saaanosaa a cueuz/aacuipaooa oa ajgt sI • sapuoud anipaajja °xcaja sagsijgcasa • sal2aat:xas uuaa-2uoj dojanap oa ajgc st pue sjjnjs Axeuotsin poo5 setj—sjj js Sutuucjd a ucx-2uoj 2uoaas sassassod • sgpjs atipea;siultupFT AxuazIap 3o aspxadxa sasn • suoisiaap xoJ ajeuopex sapinoxd • aaeudoxddc uagm djag xoj sljsy • spaau 2upaijjuoa saaucjeq Apnpaajjg • suaajgoxd aaedtaiaue oa aq isaao3 aija sassassod • 3st233ca3s maucug uuaa-2uoj a se uauznac saaexasuouzau • aaaJ aatj/sp4 uo Apprnb sluigy • saniaaadsaad ajdpjniu 'wag sansst sagacoaddd • sajox leas/jtaunoD spucasxapun • suoiaepuauzu.ioaax pue saniacuaaajc aaeudoxddi: gp!m jiaunoJ sapinoid • 2uinjos uzajgoxd anui:xogejjoa saauacad • spaau jetaads ijatm Aatjod saaucjeg • ;uatuaSi:uciu jeasU3o Suzpucasxapun Suoxas c stq put sum anpcapucnb pooh sassassod :aanasc A.jjcasrj sI • • Is fiscally astute; possesses good quantitative skills and has a strong understanding of fiscal management • Balances policy with special needs • Practices collaborative problem solving • Provides Council with appropriate alternatives and recommendations • Understands Council/staff roles • Approaches issues from multiple perspectives • Thinks quickly on his/her feet • Demonstrates acumen as a long-term financial strategist • Possesses the foresight to anticipate problems • Effectively balances conflicting needs • Asks for help when appropriate • Provides rationale for decisions • Uses expertise of citizenry Administrative Skills • Possesses strong long-range planning skills—has good visionary skills and is able to develop long-term strategies • Establishes clear, effective priorities • Is able to coordinate/manage resources so that operations are efficient and focused • Demonstrates good contingency planning • Demonstrates an appropriate level of control and follow-up - neither overcontrolling nor undercontrolling • Possesses solid overall management skills • Runs an efficient operation • Ensures that things are completed in a timely fashion CITY COUNCIL AGENDA DATE:February 5, 2002 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Birch Island Woods ITEM NO: Parks and Recreation Task Force and Charter Statement `��-C7` Robert A.Lambert Director ' �-=� • I Requested Action Move to: Approve the Task Force Charter Statement for appointing a Citizens Committee to develop a Management Plan and Development Plan for Birch Island Woods Conservation Area, and to appoint the citizens listed in the staff memo dated February 5, 2002. Synopsis The purpose of the Task Force will be to develop a management plan and development plan for Birch Island Woods Conservation Area. The plan will also evaluate potential trail connections to Camp Edenwood and Birch Island Park, the City's trail system and the LRT. The plan should also reflect potential adjacent land uses and determine the impact of specific uses of the conservation area on adjacent development. The Task Force will work with a City planning consultant and City staff to develop a management plan and the development plan prior to initiating any improvements to the conservation area. Task Force Appointments Attached is a list of individuals who have volunteered to serve on the Birch Island Woods Task Force. The list includes one resident from Minnetonka that would be a non-voting member, but would represent the many Minnetonka residents who worked hard to save the woods. The list also includes three (3) individuals who reside south of State Highway 5, and three (3) who live less than a mile from the site, four(4)who-live one to two miles from the site. RAL:mdd • 1 Name Address Julie Arthur-Sherman 6577 Kurtz Lane Eden Prairie,MN 55346 Katharine Colla 8729 Bentwood Drive Eden Prairie,MN 55347 Gary Diamond 7715 Sunshine Drive Eden Prairie,MN 55346 Katy Egan-Benek 16440 Creekside Circle Minnetonka,MN 55345 Steve Hartle 6759 Marsh Ridge Court Eden Prairie,MN 55346 Vicky Miller 6638 Kara Drive Eden Prairie,MN 55346 Sharam Missaghi 15194 Woodhill Trail Eden Prairie, MN 55346 Geri Napuck-Westermann 6447 Kurtz Lane Eden Prairie, MN 55346 Dr. Richard Owen 8963 Garland Court Eden Prairie, MN 55347 Terry Picha 15641 Park Terrace Drive Eden Prairie,MN 55346 Jeff Strate 15021 Summerhill Drive Eden Prairie,MN 55346 George Tkach 8671 Red Oak Drive Eden Prairie,MN 55347 H:/Lambert 2002Birch Island Woods/Member List 1 TASK FORCE CHARIER STATEMENT Birch Island Woods Management and Development Plan Purpose Statement: Develop a management plan and development plan for Birch Island Woods Conservation Area. The plan should evaluate potential trail connections to Camp Edenwood and Birch Island Park, the City's trail system and the LRT. The plan should also reflect potential adjacent land uses and determine the impact of specific uses of the conservation area, i.e. if buffer zones that may be needed to protect the site from adjacent development. Roles and Responsibilities: Task Force Responsibilities A. Assist the planner in gathering all available information on the site, including inventory of plant materials, wetland information, wildlife information, past land uses, potential trail layouts and connections, as well as other anticipated or desirable land uses of the site. B. The Task Force should prioritize the management goals for this conservation area. C. The Task Force should assist the planner in prioritizing design improvements for this conservation area. D. Provide a written recommendation to the City Council no later than June 30,2002. Staff Responsibilities (Consulting Staff and City Staff): A. Provide the Task Force with a definition of"conservation area" from the City Park and Open Space Plan. B. Assist the Task Force in gathering all of the necessary site information to develop a management plan and a site design plan. C. Assist the Task force in prioritizing management plan goals. . D. Assist the Task Force in prioritizing site plan improvements. E. Draft the written recommendation to the City Council for review by the Task Force no later than June 1,2002. Membership: Citizens representing Camp Edenwood, adjacent property owners, Friends of Birch Island Woods,and citizens from other parts of Eden Prairie who have an interest in preservation and use of this site. Staff Liaison: Stuart A. Fox, Manager Parks and Natural Resources, Jeff Cordes, Forestry Technician, Leslie Stowing, Environmental Coordinator, John Gertz, Heritage Preservation Specialist. Recording Secretary: Duration:February 2002 until June 2002(estimate no more than three to four meetings) First Meeting:February 26,2002 3 CITY COUNCIL AGENDA DATE: February 5, 2002 SECTION: Reports of Director of Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Establish a Leisure ITEM NO: Parks and Recreation Education Program for Individuals with Through:Bob Lambert, Director Disabilities X7Z-- , C Parks and Recreation Services Carla Kress, Adaptive Services Coordinator 9 Requested Action Move to: Approve the proposed Leisure Education Program for individuals with disabilities as outlined in the staff memorandum dated February 5,2002 Synopsis The purpose of the Leisure Education Program is to provide opportunities for individuals with disabilities to develop life-long leisure interests, appreciations, attitudes and to maintain/improve cognitive, physical, behavioral, social and/or emotional skills. The Leisure Education Program is designed to offer both individual or group program plan. A Certified Therapeutic Recreation Specialist would be hired to implement these individual and/or group program plans. Individuals within each program plan would pay an hourly rate plus any additional costs that may incur based on the program plan. The intent is for this program to cover 100%of its cost from user fees. Background In 1988, due to parents expressing a need for adaptive recreation programming, Eden Prairie and Edina joined efforts with Richfield and Bloomington to provide adaptive recreation programs for the individuals with disabilities in their communities. Adaptive Recreation programs are designed specifically for individuals with disabilities. Due to the interest, a Joint Powers Agreement was developed and signed between the four cities of Bloomington,Richfield,Eden Prairie and Edina. This agreement indicated that Edina and Eden Prairie would contract with Richfield for a full-time Adaptive Recreation Specialist to supervise,hire,and develop adaptive recreation programs in both communities. Due to the resounding response in participation of Eden Prairie residents, the City of Eden Prairie recognized the need for and hired a fill-time Adaptive Recreation Supervisor in 1991. Today the cooperative with Bloomington, Richfield and Edina still continues. This cooperative allows for the involvement of individuals with disabilities to participate in a variety of adaptive recreation programs. With each passing year the needs and interests of individuals with disabilities continue to change,as does the scope of adaptive recreation programming. Currently,Eden Prairie offers approximately 5-6 adaptive programs a quarter. All of the programs offered typically exceed the maximum participation number City Council Agenda 2/5/2002 Establish Leisure Education Program for Individuals with Disabilities Page 2 required for each program. It is exciting to have the registration numbers increase each quarter;however it is a challenge to provide quality programs when the ability levels of each participant varies significantly in each program. The Leisure Education Program is a very unique program that does not currently exist in any other city at this time. This program will be a one year pilot project which will be monitored monthly for expenses versus revenue, and evaluated quarterly. The Leisure Education Program is a new and innovative approach to serving individuals with disabilities (preschool — adults) in our community. This program will definitely meet a need that is not being met today. Many agencies, like Eden Prairie, are providing adaptive/inclusion programs for reasons such as; it's the law, one parents request, other agencies are doing it, etc. Even though these types of programs are being offered,the needs of many individuals with disabilities are not being met. Because of the differing needs and abilities of participants that register for city programs,many parents/guardians register their son/daughter as a need for respite,a break away from their son/daughter. Funding Source The MR/RC (Mental Retardation/Related Condition) Waiver Program is a Federal and State funded program that is delivered through Hennepin County. The goal of the MR/RC Waiver Program is to provide necessary services and supports that are meaningful to the individual receiving services based upon their specific needs. These services and supports help the individual build and maintain skills and address barriers related to their disability so that they can develop and strengthen relationships and connect with their community on the level they are comfortable. The State of Minnesota received Federal approval to add Consumer Directed Community Support (CDCS)as a service option under the MR/RC Waiver Program. This flexible option provides individuals and families,willing and able to direct their own service,the opportunity to purchase the service within a budget they control. At this time,there are 1,300 individuals in Hennepin County who receive CDCS funds. In Eden Prairie the number of individuals receiving CDCS is unknown due to the fact that each individual does not have the same case manager. We have met with a number of the families who have family members eligible for this program. They were unanimously in favor of this program and the potential fees. Benefits of the Program The benefits of the Leisure Education Program will impact the participants,families and the City of Eden Prairie in a number of ways. Benefits to Participants • identify individual needs,interests and barriers towards recreation and leisure; • create a plan of action to learn skills required of recreation activity of their choice; • recognize bathers to recreation and develop a plan to overcome them; • increase decision making skills,money management skills,etc related to recreation activity; • improve one's self-esteem • • enhance social skills and the level of comfort in a leisure related social setting; • develop a repertoire of leisure resources related to the individual, their family, home and community; • demonstrate the skill needed to participate fully in the recreation/leisure activity of their interest/choice;and City Council Agenda 2/5/2002 Establish Leisure Education Program for Individuals with Disabilities Page 3 • build skills to participate in inclusive recreation opportunities within their community. Benefits to Family • cost for quality program well spent; • program designed specifically for their son/daughter on an individual or group basis; • more recreation opportunities (inclusive and/or adaptive) available for their son/daughter to participate in as skills increase;and • support of staff who understands their concerns and needs for recreation opportunities for their son/daughter;and • training and education to understand the supports available to include their son/daughter in the leisure education program and other programs within their community. Benefits to City of Eden Prairie • identify what are the needs,interests and functional skills of our residents with disabilities; • ability to plan appropriate programs (inclusive and/or adaptive)based on needs, abilities, age and interest; • increase participation of individuals with disabilities in all community events and programs; • opportunity to provide a quality innovative program specifically designed per individual and/or group setting;and • continue to be a model in providing recreation opportunities for individuals with disabilities. Closing Comments The City of Eden Prairie continues to be on the cutting edge in developing and implementing new innovative recreation programs. In the past, opportunities for individuals with disabilities to participate in recreation programs of their choice did not exist. With the passing of the American with Disabilities Act doors to recreation opportunities have opened, to some extent, to serve people with disabilities. Having the doors open to inclusion and/or adaptive recreation opportunities is wonderful, but without the proper supports for the participants and their families the doors tend to close quickly. Offering the Leisure Education Program as an alternative program, will allow staff to identify the needs and skill deficits, as well as to develop and implement a plan for participants with disabilities on an individual and/or group basis. This program plan will allow the staff to teach the individual with a disability the skills needed to become an active participant in the recreation activity of their choice. Most importantly, the Leisure Education Program will assist individuals with disabilities to become an active participant in their community. Attachment: Leisure Education Budget Plan 3 00 O o 0 0 00 .-4 O o C.) 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W W 4. 4o W O - •5 'Z M N y y Z O ¢' -O.'" �WH Or 1'4 W j 0 , -..+ + .M 5 CITY COUNCIL AGENDA DATE: SECTION: Report of Community Development and Financial Services Director February 5,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Financial Services Authorize Purchase of Network Tnfrastructure Director/Donald Uram Equipment Requested Action Move to: Authorize purchase of CISCO network equipment from State Contract vendor Comark for an amount not to exceed$63,070.94. Synopsis The City's existing LAN/WAN environment supports an installed base of more than 200 PC's and runs between 15 to 20 networked software applications. This equipment has been in operation for over five years and no longer meets industry standards. To ensure reliable network services and receive continued vendor support for our equipment, our existing network equipment must be upgraded and/or replaced. A typical replacement schedule for this type of equipment is between 3 to 5 years. Upon completion,this project will: ❖ Provide 100 MB connections to all desktop computers ❖ Provide 1 GB connections to remote locations from City Hall ❖ Provide a 1 GB connection from the Police Subnet to the City Hall Subnet ❖ IP Telephony ready for City Hall ❖ Increase overall network bandwidth,performance and efficiency Financial Considerations Funding for this project is budgeted in the Capital Improvements Program. • CITY OF EDEN PRAIRIE H I NNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION ADOPTING A GIFTS,DONATIONS AND SPONSORSHIPS POLICY WHEREAS, the City of Eden Prairie encourages and welcomes sponsorships and gifts from civic groups, organizations, individuals, businesses or churches for a variety of community programs,projects or events; and WHEREAS, the City of Eden Prairie also encourages and welcomes donations by private citizens of real property, including conservation easements and restrictions upon undeveloped lands which form a part of large homesteads or estates, in order to protect natural, scenic, open or wooded areas within the City; and WHEREAS, the solicitation and acceptance of donations, gifts, and sponsorships must be in keeping with Minnesota Statutes as well as the mission, ordinances, philosophy and policies of the City of Eden Prairie; and WHEREAS, the City Council finds that it is in the best interests of the City, to adopt a policy of soliciting and accepting donations of sponsorships and gifts to fund various community projects,programs and events; and WHEREAS, the City Council finds that it is in the best interests of the City, to adopt a policy of soliciting and accepting donations of real estate, including conservation easements and restrictions to protect and preserve natural, scenic, open and/or wooded parcels within the City. NOW, THEREFORE, BE IT RESOLVED, the City hereby adopts the attached Gifts, Donations, and Sponsorships Policy. ADOPTED by the Eden Prairie City Council this 5th day of February, 2002. Ronald Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2002- RESOLUTION ACCEPTING DONATION OF CONSERVATION EASEMENT WHEREAS,the City of Eden Prairie has adopted a policy to solicit and accept donations of certain conservation easements upon undeveloped lands which form a part of large homesteads or estates in order to protect natural, scenic, open or wooded areas within the City; and WHEREAS, Matrix Development, LLC has offered to donate a conservation easement and restriction covering a significant portion of its development property, which easement covers land in a natural and scenic condition; and WHEREAS, the conservation easement covers land which otherwise would have been subdivided off of Matrix Development, LLC's parcel into shoreline lots with the potential for further development; and WHEREAS, the City Attorney and City Staff have reviewed and approved the form of the proposed Conservation Easement and Restrictions Agreement, a copy of which is attached; and WHEREAS, the Conservation Easement and Restrictions Agreement appears to comply with Minn. Stat. §§ 84C.01-.05 and 84.64,and IRC § 170(h). NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Matrix Development, LLC is the owner of a large parcel within the City which would be burdened by the proposed Conservation Easement and Restrictions; 2. The land covered by the proposed Conservation Easement and Restrictions: (a) may, under current City regulations, be subdivided into multiple riparian lots and (b) are among those the City considers most subject to intensive development and subdivision pressure; 3. The land covered by the proposed Conservation Easement and Restrictions contains certain unique features including portions of a lake and/or wetland, shorelands of that lake/wetland, aquatic habitat,mature trees, and sensitive vegetation and open spaces; 4. There is intense development pressure in the area surrounding the easement area and further development would degrade the natural and scenic character of, and habitat in, the Easement area; 5. The donation offered by Matrix is for conservation purposes and is perpetual; CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION ACCEPTING DONATION OF CONSERVATION EASEMENT WHEREAS,the City of Eden Prairie has adopted a policy to solicit and accept donations of certain conservation easements upon undeveloped lands which form a part of large homesteads or estates in order to protect natural, scenic, open or wooded areas within the City; and WHEREAS, Matrix Development, LLC has offered to donate a conservation easement and restriction covering a significant portion of its development property,which easement covers land in a natural and scenic condition; and WHEREAS, the conservation easement covers land which otherwise would have been subdivided off of Matrix Development, LLC's parcel into shoreline lots with the potential for further development; and WHEREAS, the City Attorney and City Staff have reviewed and approved the form of the proposed Conservation Easement and Restrictions Agreement, a copy of which is attached; and WHEREAS, the Conservation Easement and Restrictions Agreement appears to comply with Minn. Stat. §§ 84C.01-.05 and 84.64, and IRC § 170(h). NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Matrix Development, LLC is the owner of a large parcel within the City which would be burdened by the proposed Conservation Easement and Restrictions; 2. The land covered by the proposed Conservation Easement and Restrictions: (a) may, under current City regulations, be subdivided into multiple riparian lots and (b) are among those the City considers most subject to intensive development and subdivision pressure; 3. The land covered by the proposed Conservation Easement and Restrictions contains certain unique features including portions of a lake and/or wetland, shorelands of that lake/wetland, aquatic habitat,mature trees, and sensitive vegetation and open spaces; 4. There is intense development pressure in the area surrounding the easement area and further development would degrade the natural and scenic character of, and habitat in, the Easement area; 5. The donation offered by Matrix is for conservation purposes and is perpetual; 6. The donation will create a significant public benefit, and the City wishes to accept the donation on the terms expressed in the attached Conservation Easement and Restrictions _ _ Agreement; and 7. The donation and the proposed Conservation Easement and Restriction Agreement are consistent with Minnesota conservation easement statutes and policies, and with the City's recently-adopted conservation easement policy. NOW, THEREFORE, BE IT RESOLVED that the City accepts the donation of the Conservation Easement and Restriction offered by Matrix upon the terms and conditions of the Conservation Easement and Restrictions Agreement attached hereto, effective immediately. ADOPTED by the City Council of the City of Eden Prairie this 5th day of February, 2002._ • Ronald Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk 31690I5v1