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HomeMy WebLinkAboutCity Council - 07/16/2002AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOPB’ORUM TUESDAY, JULY 16,2002 CITY CENTER 4:OO - 6~25 PM, HERITAGE ROOM II 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, 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 11 I. CALL MEETING TO ORDER 11. APPROVAL OF AGENDA 111. TH 169 INTERCHANGE 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 TUESDAY, JULY 16,2002 AGENDA EDEN PRAIRTE CITY COUNCIL 7:OO 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 STAFF: City Manager Scott Neal, 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 Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL WORKSHOP, JULY 2,2002 (p 1) B. CITY COUNCIL MEETING, JULY 2,2002 (p 5) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p 13) B. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PRAIRIE CENTER DRIVE / PRAIIUE LAKES DRIVE TRAFFIC SIGNAL AND PRAIRIE CENTER DRIVE TWHC SIGNAL INTERCONNECT, I.C. 95-5372 (p 14) C. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR SIGNALS ON PRAJRIE CENTER DR. AT VIKING DRIVE AND AT VALLEY VIEW ROAD, I.C. 95-5372 (p14) D. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT WITH MNDOT FOR SIGNALS ON PRAIRIE CENTER DRIVE AT VIKING DRIVE AND AT VALLEY VIEW ROAD, I.C. 95-5372 lp 27) E. ADOPT RESOLUTION ACCEPTING THE TH 169 INTERREGIONAL CORRIDOR MANAGEMENT PLAN (p 37) CITYCOuNclLAGEMlA July 16,2002 Page 2 F. APPROVE AGREEMENT WITH HAML,INE UMvERSITy FOR PRODUCTION OF TEE “BIG FOOT” CD-ROM @ 53) G. APPROVE CONTRACT FOR ARTIST DESIGN SERVICES FOR THE JEAN HARRIS MEMORIAL @56) H. ADOPT RESOLUTION DESIGNATING CITY CLERK AS RESPONSIBLE AUTHORITY AND DATA PRACTICES COMPLIANCE OFFICIAL Cp 59) I. RECEIVE FIIASIBLITY STUDY AND ADOPT RESOLUTION SETTING PUBLIC HEARING FOR HILLCREST/ALPINE IMPROVEMENTS FOR 7:OO P.M., AUGUST 20,2002 (I.C. 98-5471) Cp 61) VII. PUBLIC HEARINGS / MEETINGS VIII. PAYMENT OF CLAIMS Cp 63) IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REOUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS - A. REPORTS OF COUNCILMEMBERS 1. Southwest Corridor Rail Transit Study Policy Advisory Committee Cp 73) B. REPORT OF CITY MANAGER C. D. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. F. G. H. REPORT OF CITY ATTORNEY REPORT OF PUBLIC WORKS SERVICES DIRECTOR REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR 1. Settlement Agreement for Special Assessment Appeal of MAC @ 74) XW. OTEERBUSINESS XV. ADJOuRNRlENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOPIFORTJM TLTESDAY, JULY 2,2002 CITYCENTER 4:OO - 6:25 PM, l3ElUTAGE ROOM II 6~30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Public Safety Director Jim Clark, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room I1 I. 11. 111. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 4:lO p.m. APPROVAL OF AGENDA SMOKE-FREE AIR ORDINANCE DISCUSSION City Attorney Rosow said he had arranged to make changes to an electronic version of the draft smoking ordinance on a laptop computer as they were discussed by the Council. The document was also projected onto a screen so that the Council could actually view the changes as they were made. Councilmember Luse said he wanted to get the City Attorney’s input on the recent MPAAT ruling before discussing the ordinance. City Attorney Rosow said in his opinion the MPAAT ruling does not affect the Eden Prairie City Council’s process in adopting a smoke-fiee air ordinance. Luse said he had consulted his personal attorney regarding the MFAAT ruling and he had several concerns, including the use of public money in case the City has to defend itself in a law suit. Luse said he was also concerned as a businessperson about MFAAT being involved in activities that were ruled “illegal.” He said as an individual he was uncomfortable with the reported $199,000 MPAAT used (through grants to the American Cancer Society) to lobby Eden Prairie for a smoking ordinance. Luse said he would recuse himself until he “receives clarification on what a judge termed illegal activities.” Rosow said that since the City was not named as a part to the referenced suit, the CO~~’S decision does not affect actions of the City Council. Rosow Mer stated that he believes the ruling has repercussions only on the way in which MPAAT functions as an organization. Co~nciI WOT~S~OP MkUse~ - Jury 2,2002 Page 2 Mayor Tyra-Lukem suggested that discussion of the ordinance was still possible since no formal actions were to be taken on at this Workshop. Luse stated again that he would not participate in any discussion of an ordinance until he is assured there is no issue of legality. He said he was excusing himself fi-om the Workshop and portions of the Open Forum dealing with the smoking ordinance, and would rejoin the Council at 6:50 in the Council Chamber. Councilmember Mosman asked Luse why he had not brought up his concerns to the City Manager, the Mayor or the City Attorney before the meeting began. Luse reiterated he was not going to subject “his family or the Council to what I think is an illegal activity.” Councilmember Case said that in all of his years on the Council, “the buck has always legally stopped with the City Attorney.” He asked, since Rosow indicated the discussion could take place, why this instance should be any different. He said it seemed as if Luse was holding the advice of his personal attorney at a higher value than the City Attorney’s. Case agreed with Tyra-Lukens that the point at which Luse might reasonably recuse himself would be when action is actually taken on an ordinance. Luse said he had been told the City could not hold a referendum on a smoking ordinance, and the Council had rejected his idea of gathering scientific data on which to base a decision. Luse then asked Rosow if he had read the actual MPAAT ruling. Rosow said he had read news accounts of the ruling. Councilmember Butcher said she was concerned that the Council had not had a chance to read the ruling. Case said he wished Luse had called the Mayor or City Manager to convey his concerns before the meeting. He said Luse’s actions seemed theatrical to him. Mayor Tyra-Lukens suggested the Council take a short recess during which a copy of the ruling could be obtained fi-om the Internet. Rosow could review the ruling and report on it to the Council after the recess. The meeting was recessedJFOm 4:35p.m. to 4:jOp.m. Rosow said his opinion had not changed as a result of reading the court ruling on MPAAT. He reiterated that a case pertains only to those who are named as part of the case. Therefore, this ruling does not prohibit the City fi-om proceeding with discussions on a smoking ordinance. Rosow said the portion of the ruling to which Luse referred stated that the way in which MPAAT was spending funds was “without legal or factual justification.” Rosow said, in essence, the court was slapping MPAATs hands. He said nothing in the decision indicates the Council cannot discuss and pass an ordinance. Councilmember Butcher said she questioned whether or not the fact that MPAAT money was used to lobby Eden Prairie would be problematic if the City passes an ordinance. Rosow said he did not believe there was a legal basis to prevent the council fi-om discussing or enacting an ordinance. He said, ‘Being lobbied, doesn’t incapacitate you as a Co~ncil.” Luse reiterated that he was concerned about whether or not the City could be sued, and he asked how much the Council is willing to spend on this issue and the Flying Cloud Cinincil Workshop Minutes -July 2,2002 Page 3 IV. Airport. Case responded that he believed a compromise on a smoking ordinance that would suit all parties involved was possible, and that it would not require any legal expenditures. He said, ‘We can’t not act because we are &aid of being sued” Luse said he had told the Council two months ago that he felt the Council should have delayed any discussion on a smoking ordinance until after the MPAAT ruling was received. Mayor Tyra-Lukens noted that the Council passes ordinances on a regular basis regardless of the fact that they could be sued for any one of these actions. Butcher asked Rosow how long it would take to get an Attorney General’s opinion on the legality of the ordinance Eden Prairie is considering. Rosow said in his experience it generally takes about six weeks to get a response. Rosow also noted that the last time the City had sought an opinion from the Attorney General’s office, they were disappointed when the Attorney General declined comment based on the assertion that not enough facts were submitted. Rosow said it might be more prudent to reach a consensus on a proposed ordinance and then submit it for an opinion. Rosow said his office would also need to gather any available information on the money spent lobbying for an ordinance in Eden Prairie. Case said he was comfortable with submitting whatever ordinance the Council agrees on to the Attorney General for review. Luse asked how it would look to the people of Eden Prairie if the Council was unwilling to wait six weeks for an Attorney General’s opinion before going forward in discussions on the ordinance. Mayor Tyra-Lukens suggested submitting the draft ordinance as it stands and waiting to see what sort of opinion the Attorney General returns. If the Attorney General raises no objections to the more restrictive version of the ordinance, the Council would then be assured that a less restrictive (compromise) ordinance would be acceptable. Tyra-Lukens pointed out that this would mean tabling discussion of an ordinance until at least the second meeting in August. Council agreed to direct the City Attorney to request an Attorney General’s opinion. Tyra-Lukens asked Luse if he would be willing to discuss an ordinance if the Attorney General’s opinion indicates there is no legal reason not to do so. Luse said he would be willing to discuss the ordinance at that point. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.) A. PROPOSED SMOKING ORDINANCE 1. Ken Rockler Rockler stated he does not live in Eden Prairie, but represents the Professional Bowlers Association. He referred to the recent court ruling on MPAATs use of funds for lobbying for local smoking ordinances. He read a detailed list of lobbying activities by the American Cancer Society (with funding fiom MPAAT) in Eden Prairie. He said that in light of the recent court ruling, spending money in this may was ‘’wrong and illegal.” 3 Council Workshop Minutes - July 2,2002 Page 4 He said the smoking ordinance was brought to the Council by “Clean Air on the Prakie,” a local group Rockler says is supported by the American Cancer Society. He asked why, if second-hand smoke is so harrml, did it take money from the American Cancer Society and MPAAT to bring the issue before the Council. Rosow asked Rockler for documentation on the money spent by MPUT for lobbying. Rockler said he would try to gather the information for Rosow. 2. Gary Chenen Gary Chenen, owner of the Outback Steakhouse, asked the Council again to consider the financial impacts a smoking ordinance would have on restaurant and bar owners in Eden Prairie: He said that although some sources discount negative economic impacts of smoking bans, several establishments in Duluth did report negative impacts after an ordinance was enacted. He said the Eden Prairie Chamber of Commerce is holding a meeting of restaurant owners on July 17 to discuss potential impacts of the proposed ordinance. Chenen asked the Council to consider how to make any ordinance fair to restaurant owners who have already spent much money providing ventilation systems and no smoking areas with the understanding these measures would be sufficient. 3. Clean Air on the Prairie (two speakers) No one from Clean Air on the Prairie was present to speak. B. PERRY FORSTER - RPBC WATERSHED REAPPOINTMENT Forster said his term on the Riley Purgatory Bluff Creek Watershed District Board is up at the end of July. He asked the Council to support him for another term on the Board. Forster noted that the Watershed District made a presentation to the Council on their activities last spring, and they would be happy to make a similar presentation for anyone who had missed it. Forster answered several questions fi-om the Council on Watershed District activities. The Councilmembers praised Forster’s work for the District and assured him that they would support him for another term. VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 2,2002 7:OO 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 STAFF: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Rick Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:OO p.m. All members were present. 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Fom will be held the first and third Tuesday of the month from 6:30 - 7:OO p.m. in the Council Chamber, Please note that this portion of the meeting is off-camera. The Council Fom will consist of two parts: scheduled and unscheduled appearances. 6:30 to 650 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, fiom 6:50 to 7:OO p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak the Council. IV. PROCLAMATION OF JULY AS RECREATION AND PARKS MONTH Mayor Tyra-Lukens praised the City’s Parks and Recreation Department and gave a synopsis of its programs, public facilities and parklands. She then read the proclamation and proclaimed July as “Recreation and Parks Month.” Parks and Recreation Department Arts and Events Coordinator Tria Mann said she’s proud to be part of Eden Prairie’s Parks and Recreation Department. Mann said this year’s slogan is taken from the National Parks and Recreation slogan, “Come Out And Play.” V. PRESENTATION OF MRPA AWARDS OF EXCELLENCE City Manager Scott Neal introduced Greg Boatman fi-om the Awards Committee for the Minnesota Recreation and Parks Association WA). Boatman gave a synopsis of the MRPA, stating the Awards Committee was created with the purpose of acknowledging individual members and agencies for their excellence in the field of parks, recreation and cITYcouNcIL~~s July 2,2002 Page 2 VI. VII. leisure services. He said the Award of Excellence was created because the Awards Committee feels it’s important to increase awareness of and appreciation for the excellent parks, trails, facilities, recreation programs and services that are occurring in Minnesota. He said this year there were 28 projects nominated in Minnesota, with 18 being selected to receive the award. Boatman then presented an Award of Excellence to the City’s Parks and Recreation Department for its Winning projects Programs at Cummins House. He said the Awards Committee would also like to recognize Tria Mann who nominated the project, with special recognition to Sandy Werts, Recreation Coordinator for Senior Adult Programs, and other members of the Parks and Recreation Department. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an Item under XV.A. The agenda would therefore be amended to reflect item XIII.A.l. COMMENT AND POSSIBLE REQUEST REGARDING SEVER PETERSON CORN STAND SALES AT THE MALL. Attorney Rosow stated he has a short report under City Attorney’s Report. MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. MINUTES A. SPECIAL CITY COUNCIL MEETING ON SMOKE-FREE AIR ORDINANCE, TUESDAY, JUNE 11,2002 MOTION: Butcher moved, seconded by Mosman, to approve as published, the Minutes of the Special City Council Meeting on Smoke-Free Air Ordinance held June 11,2002. Motion carried 5-0. B. CITY COUNCIL WORKSHOP, JUNE 18,2002 Luse added the workshop was on the City’s budget and discussion regarding the City’s $700,000 profit from liquor stores would make the operation worth about $5 million based on a multiplier of 7. He said one of the newspapers incorrectly indicated that the City’s cigarette business could generate as much as $5 million, when in fact the profit is about $13,000. MOTION: Mosman moved, seconded by Butcher, to approve as published, the Minutes of the City Council Workshop held June 18,2002. Motion carried 4-0. Butcher abstained. C. CITY COUNCIL MEETING, JUNE 18,2002 Case said on Page 13, the words “in the context of questions asked” should be added to first line of paragraph 6, following the word “data.” J 3 CITY COUNCIL RlINuTES July 2,2002 Page 3 Tyra-Lukens said she received a phone call today fi-om a citizen concerned with the parking fee issue discussed at the 6/18/02 meeting. The issue was a sense that $200 was too much to charge for the Round Lake lot when that lot is as far fiom the high school as the high school’s C lot. A second issue was the sales of those parking tickets. In the past, they were sold the beginning of August and this year’ they’ll be sold starting in one week. Lambert said the sale date was moved up fiom August to July based on requests fiom people last year who complained that August was too late. He said there are 400 permits with little chance of selling out early, and there might be 25-30 people at the end of the year who do not get a permit. Lambert said the reason it is set at the high school rate is because we don’t want to be underselling the high school and having people sell out the community center first and then going to the high school. He said he continues to support that the City fee be the same rate as the high school’s expensive lot in order to encourage students to buy the high school permits before coming to the City. Tyra-Lukens noted that the issue was previously passed unanimously. No further comments were offered. MOTION: Case moved, seconded by Mosman, to approve as published and amended, the Minutes of the City Council Meeting held June 18, 2002. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2002-117 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES gTH ADDITION C. APPROVE SECOND READING OF ORDINANCE NO. 20-2002 AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS D. APPROVE SECOND READING OF ORDINANCE NO. 21-2002 AMENDING CITY CODE SECTION 9.14 AND ADDING 9.15, RELATING TO PHOSPHORUS FERTILIZER RESTRICTIONS AND ADOPT RESOLUTION NO. 2002-118 APPROVING SUMMARY ORDINANCE E. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR FINAL DESIGN OF TH 212NALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENTS, I.C. 01-5543 F. ADOPT RESOLUTION NO. 2002-119 AWARDING CONTRACT FOR CHARLSON AREA IMPROVEMENTS - PHASE III, I.C. 02-5565 7 mcouNclLR~s JuIy 2,2002 Page 4 G. AWARD CONTRACT FOR REMODELING OF SMITH-DOUGLAS-MORE HOUSE TO GRAUS CONTRACTING, INC. MOTION: Case moved, seconded by Luse, to approve Items A-G of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. HTG ARCHITECTS BUILDING by James Grover. Request for Site Plan Review on .86 acres. Location: 9300 Hennepin Town Road. City Manager Scott Neal said official notice of this public hearing was published in the June 20,2002, Eden Prairie News and sent to 25 property owners. He further stated this project is a 2,743 square foot addition to the existing architect’s office. The plan meets all zoning requirements for the Office Zoning District. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the June 10,2002 meeting. Steve Anderson, architect from HTG, presented a photo and site plan of the building and said the only significant change is the relocation of the driveway slightly to the south. This was done at the request of the City Fire Marshal. There were no comments from the audience. Butcher moved, seconded by Case to close the Public Hearing and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. ANNETTE ESTATES by Annette Kaufinan. Request for Preliminary Plat of 2.46 acres into 3 lots. Location: 14758 Staring Lake Parkway. (Resolution No. 2002- 120 for Preliminary Plat) Neal stated‘official notice of this public hearing was published in the June 20, 2002, Eden Prairie News and sent to 39 property owners. He Mher stated the proposal is to subdivide the 2.46 acre site into 3 lots to permit the construction of 2 additional single-family homes. On June 10,2002 the Community Planning Board continued the project to their June 24,2002 meeting to allow time for staff to examine possible trail alignments that would connect the surrounding neighborhood to Staring Lake Park. On June 24,2002, staff submitted 3 possible trail alignments and their estimated costs. The Community Planning Board did not recommend any of the trail alignments. Rather, the two neighbors expressing wishes of a future trail were directed to follow the City process for establishing trails. The CommUnity Planning Board voted 6-0 to recommend approval of the project and directed neighbors to petition the Parks, Recreation, and Natural Resource Commission for future trail establishment. cITYcomTmRIINcTTEs July 2,2002 Page 5 In response to Council’s request, Lambert presented aerial photos of alternate trails details. He said the proposed trail is to go through Annette Estates property, and then the City property. The alternative is to put a trail along the north side of County Road 1, to a stoplight. He said Staff was concerned that a trail is being put in the middle of a hill on a 50 mph road. The County is planning to update CR1 within 4 years. Tyra-Lukens said she has a concern about the path along the 50 mph road and that we may be creating an attractive nuisance in a way. Lambert said the option involves that the main trail would be signed at the crossing that it’s a dead end trail at that point. He said it would be an expensive alternative to put the trail between two homes because of 40-foot wide variances and the $20’000 cost. Mosman asked if there is some type of separation between road and trail. Lambert replied there is 13 feet between the edge of the pavement to the right-of-way with an 8-foot trail and 4 feet of grass. Mosman asked if the residents to the west of Pioneer Trail not want the 4-year temporary trail. Lambert said it would make sense to extend it to Mitchell Road but spending money on it when it may be torn out in four years is a question of how far we want to go with a so-called temporary trail. Luse asked if rather than adding the cost of land acquisition, could the City not trade with the property owner. Lambert said it has not been discussed with the property owner, but the reason she’d need a variance is that she needs the width in her lot, not depth. Case said it seems the Pioneer Trail option is the best. Since it’s a temporary 4- year path, we can make it so it’s the safest and most usable. Butcher said she had concerns about access there and wishes it could be extended so that additional safety could be provided. Case asked if land was available on the other side of the road, and could this be incorporated in the final plan. Lambert said the County must approve trails put in by the City because it’s on County right-of-way, and the County may ask the City to replace it in four years. He further stated we don’t have final design on that section and it may make more sense to take extra right-of-way on the airport side rather than homeowners’ side, but it still may have to be taken out later. Eric Paulson of Staring Lane thanked the Council for taking the time to look at this issue. He said it was nunored and many of the residents assumed the trail was already going to be put in because the City owned an easement, and this is a priority that he hopes can be done as expeditiously as possible. cITYCOUNcIL&~S July 2,2002 Page 6 X. XI. Jane Ramunno of 9091 W. Staring Lane said she walks along the north side of Pioneer Trail and appreciates the Council looking at this. There were no firther comments fi-om the audience. Tyra-Lukens thanked the residents of the area for putting together the petition to help increase safety for families there. Luse asked if a City easement currently exists in the area. Lambert said it does not. Lambert further stated that the budget will allow for the trail to be done early next year. . Case moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2002-120 for Preliminary Plat of 2.46 acres into 3 ‘lots and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. C. GUIDE PLAN UPDATE - AIRPORT ELEMENT by the City of Eden Prairie. Request for approval of the Aviation Goals, Chapter 2 and Airport Element, Chapter 6, to be included as part of the approved Guide Plan Update. (Resolution for Adopting Airport Element of the Comprehensive Guide Plan Update) Neal stated this is an item that has been continued and official notice of this public hearing was published in the January 24,2002, Eden Prairie News. He said Staff recommends closing the public hearing with the idea that it be reopened when there is something to actually present to the Council. Neal said it has been continued numerous times because of the hope that the FAA and MAC would reach an agreement on the City’s agreement with MAC and not much progress has been made between the FAA and MAC, but the City’s agreement with MAC continues to be in place. Rosow advised that the motion should be to close the public hearing instead of tabling discussion. He said the final agreement is fairly complete but key issues for the City involve the agreement between the FAA and MAC. MOTION: Case moved, seconded by Butcher, to close the Public Hearing on the Airport Element of the Comprehensive Guide Plan Update. Motion carried 5-0. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Luse, Mosman, and Tyra-Lukens voting 6Caye.’y ORDINANCES AND RESOLUTIONS CITY couNm&ms July 2,2002 Page 7 XII. PETITIONS, REQUESTS AND COlMMUNICATIONS Xm. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. B. C. D. E. F. G. REPORTS OF COUNCILMEMBERS 1. COMMENT AND POSSIBLE REQUEST REGARDING SEVER PETERSON CORN STAND SALES AT THE MALL. Case clarified it should be referred to as corn stand and not maze. He said the issue has to do with Peterson Enterprises getting into flower sales this year. He said there is an ordinance that limits farmers to a 60-day lease for sales and Sever had a 60-day lease for plants, and now needs 60 days for his vegetable stand. Sever was concerned that this was technically a violation of the ordinance, and mall management was also concerned about the City ordinance. Case said he called Neal and consulted with various City Staff and a compromise was reached in that a different property ID number is issued for each location at the mall and the vegetable stand is in a different location than the flower stand. Case was Concerned about the long-term affects of such ordinances on farmers and also asked Rosow to check to see if the City ordinance is in compliance with State law in terms of limitations of the dates. Luse pointed out that it is important for the City process to be followed and businesses should go through Staff who will bring it to the Council. Case agreed but said in this case, the 60 days was running out Sunday and action was needed tonight which was why he immediately took it to the City Manager. REPORT OF CITY MANAGER REPORT OF PARKS AND RECREATION SERVICES DIRECTOR REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR REPORT OF PUBLIC WORKS SERVICES DIRECTOR REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR I! cITYcouNclIJR~s July 2,2002 Page 8 XVI. XVII. H. REPORT OF’ CITY ATTORNEY Rosow gave an update on the special assessment litigation with the MAC. He said the settlement agreement is 100 percent done in concept and perhaps 95 percent done in getting language on paper. He said this is the special assessment appeal of the MAC and Charlson Area Improvement Project that the City levied $3.5 million against Lynn Charlson, subsequently acquired by MAC, with all of the $3.5 million collected by November, 2000. It was then challenged by the MAC, and that lawsuit, as well as MAC’S condemnation of those parcels from Charlson, would be resolved in a global settlement of those two items by a compromise between MAC and Charlson on the amount of compensation paid in the condemnation. That would result in the dismissal of the special assessment appeal so the City would have no challenge to retaining the $3.5 million. He said it would also result in acquiring the necessary road right-of-way easements for the realignment of Charlson Road, and the necessary easements for grading Hennepin Village. He said ponds would be built on the property to handle drainage and there is a proposed agreement between Charlson and the MAC to cooperate on providing the land for those drainage areas. When the agreement is brought to the Council, it would be subject to approval from the Council as well as the MAC and Charleson and also Pemtom. Luse stressed the need to move this issue along. He asked that MAC formally step up so the City could embrace a settlement Rosow clarified this agreement is separate from the agreement on the airport ordinance. He stated MAC has been working quite cooperatively on this agreement and has negotiated in good faith. OTHER BUSINESS ADJOURNMENT MOTION: Luse moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:07 p.m. CITYCOUNCILAGENDA SECTION: Consent Calendar AREA/DMS1oN: Police / C.O.P. Unit DATE: July 16,2002 ITEM DESCRIPTION: Clerk's License Application List /I Gretchen Laven I I ITEMNO.: These licenses have been approved by the department heads responsible for the licensed activity. Commercial Lawn Fertilizer Applicator NaturaLawn of America Solid Waste Collector Tidy Disposal CITY COUNCIL AGENDA SECTION Consent Calendar DEPARTMENT/DIVISION: Engineering Division Randy Newton ITEM DESCRIPTION: I.C. 95-5372 Approve Plans and Specifications and Order Advertisement for Bids for Prairie Center Drive / Prairie Lakes Drive Traffic Signal and Prairie Center Drive Traffic Signal Interconnect DATE: July 16,2002 ITEM NO.: Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 95-5372, Prairie Center Drive / Prairie Lakes Drive Traffic Signal and Prairie Center Drive Traffic Signal Interconnect. Synopsis With the assistance of Westwood Professional Services, Inc. the Engineering Division has prepared plans and specifications for a traffic signal at the Prairie Center Drive / Prairie Lakes Drive intersection and for traffic signal interconnect along Prairie Center Drive. Background The need for the Prairie Center Drive / Prairie Lakes Drive traffic signal was originally identified in the 1994 Hartford Place PUD development proposals and was reconfirmed with the Hartford Commons development project approved in August 2001. The intersection currently meets the warrants for traffic signal installation and its installation should coincide closely with the completion of the Hartford Commons project. The proposed project also includes traffic signal interconnect on Prairie Center Drive between TH 212 and Viking Drive and between West 78th Street and Preserve Boulevard. The traffic signal interconnect will help manage the traffic signal system and as a result will improve traffic flow on Prairie Center Drive. Financial Implications The total cost for the project is expected to be approximately $186,000. This includes $110,000 for the traffic signal, $33,000 for the traffic signal interconnect, $15,000 for the traffic signal controller and cabinet (which the City will purchase directly fiom the County) and $28,000 for engineering services. As part of the 1994 Hartford Place PUD development proposals $71,000 was allocated towards the construction of the Prairie Center Drive / Prairie Lakes Drive traffic signal. The remainder of the construction cost will be paid from the Construction Fund. CITY OF EDEN PR.A&lE HEN” COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. WHEREAS, the City Engineer through Westwood Professional Services, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 95-5372 Prairie Center Drive / Prairie Lakes Drive Traffic Signal and Prairie Center Drive Traffic Signal Interconnect and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer’s office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 1O:OO a.m. on August 15,2002, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:OO p.m., Tuesday, September 3, 2002, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the-City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on July 16,2002. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen k Porta, City Clerk CITY COUNCIL AGENDA SECTION Consent Calendar DEPARTMENTDMSION: Engineering Division Randy Newton ITEM DESCRIPTION: I.C. 95-5372 Approve Traffic Control Signal Agreement with MnDOT for signals on Prairie Center Drive at Viking Drive and at Valley View Road DATE: July 16,2002 ITEM NO.: ntc, Requested Action Move to: Adopt resolution approving Traffic Control Signal Agreement No. 83204M with MnDOT for signals on Prairie Center Drive at Viking Drive and at Valley View Road. Synopsis This signal agreement defines the design and construction responsibilities for the traffic signal interconnect project on Prairie Center Drive and the maintenance responsibilities for the signals on Prairie Center Drive at Viking Drive and at Valley View Road for each agency. The signal agreement, in conjunction with Agreement No. 83205-R, will enable MnDOT to operate the signals on Valley View Road and Prairie Center Drive between Bryant Lake Drive and the 1-494 North Ramp as a single coordinated system. Background Information The 2001 Golden Triangle Area traffic study identified the coordination of the traffic signals on Valley View Road and Prairie Center Drive as a cost effective infrastructure improvement. The Minnesota Department of Transportation OOT) has since agreed to operate the coordinated signal system, which includes signals owned separately by MnDOT, Hennepin County and the City of Eden Prairie. In order for MnDOT to effectively operate the coordinated signal system, they must also be responsible (on a reimbursable basis) for the operation and major maintenance of the above referenced City owned traffic signals on Prairie Center Drive. The infkastructure improvements for the interconnect system are being completed as part of two projects. The first project is the Prairie Center Drive / Prairie Lakes Drive traffic signal and the second is the TH 212 / Valley View Road Interchange Area Improvements. Attachments Traffic Control Signal Agreement No. 83204M ClCTyOFEDENPRAIRlE HEN” COUNTY, MINNESOTA RESOLUTION NO. APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR SIGNALS ON PRAIRIE CENTER DRIVE AT THE INTERSECTIONS OF VALLEY VIEW ROAD AND VIKING DRIVE I.C. 95-5372 WHEREAS, the City of Eden Prairie has prepared construction plans for the traffic signal interconnect of signals on Prairie Center Drive between TH 212 and Viking Drive; and WHEREAS, the City of Eden Prairie desires to have these signals interconnected with the Minnesota Department of Transportation (MnDOT) traffic signals on Valley View Road and Prairie Center Drive; and -I WHEREAS, MOT has prepared a traffic control signal agreement that identifies the design and construction responsibilities for the traffic signal interconnect project and the maintenance responsibilities for the traffic signals on Prairie Center Drive at Valley View Road and Viking Drive. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Traffic Control Signal Agreement No. 83204M for City Project No. 95-5372 is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ’ ADOPTED by the Eden Prairie City Council on July 16,2002. a ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk ? MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 83204M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION THE CITY AND OF EDEN TO PRAIRIE Provide Maintenance and Electrical Energy for the existing Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption and Interconnect on Prairie Center Drive at Viking Drive and at Valley View Road in Eden Prairie, Hennepin County, Minnesota. C.P. 95-5372 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE None AMOUNT ENCUMBERED None Otherwise Covered PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the City of Eden Prairie; (City) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportatioa to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway sys tern. The parties desire to install interconnect, (Interconnect) at the existing traffic control signals including street lights, (Traffic Control Signal(s)) at the location(s) set out in this Agreement. The City requested and the State agreed to the installation of Emergency Vehicle Pre-emption Systems, System(s)), as a part of the existing Traffic Control Signal installations. (EVP The City and State will participate in the maintenance and operation of the existing Traffic Control Signals, Interconnect and EVP Systems. CONTRACT 1. The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering). The City will also perform all necessary construction inspection, (Engineering and Inspection). 2. The City with its own resources or by contract will install the Interconnect at the existing Traffic Control Signals with EVP Systems on Prairie Center Drive at Viking Drive and at Valley View Road pursuant to the plan and specifications for City Project No. 95-5372, all at the cost and expense of the City. 3. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the Traffic Control Signals and EVP Systems. 4. Upon completion of this project, the City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacing the luminaire when necessary; (2) relamp the existing traffic control signals and street lights; and (3) clean and paint the existing traffic control signals, cabinets and luminaire mast arm extensions. The State will maintain the traffic signal cabinets and control equipment, repair knockdowns of the existing Traffic Control Signal systems, perform all other existing traffic control signal and street light maintenance, and be responsible for the timing and operation of the existing Traffic Control Signals, all on a reimbursable basis with the City. i 5. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP Systems, including timing, will be performed by the State, all on a reimbursable basis with the City. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's Assistant Division Engineer or his/her designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP Systems must be reported to the State immediately. d) In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated; and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the City. 6. The State and the City will enter into Traffic Control Signal Maintenance Agreement No. 83205-R for the intersections of Prairie Center Drive at Viking Drive and at Valley View Road covering maintenance of the traffic signal cabinets and control equipment, maintain of the EVP Systems, repair of knockdowns of the Traffic Control Signal systems, performance of all other traffic control signal and street light maintenance not performed by the City, and the responsibility for the timing and operation of the Traffic Control Signals and EVP Systems by State Forces and the terms and conditions covering payment by the City. 7. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 8. Any amendment to this Agreement must be in writing and will, not be effective until it has’been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 9. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 10. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Minnesota law governs this Agreement. Venue for all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. * CITY OF EDEN PRAIRIE APPROVED AS TO FORM: City Attorney By : Mayor Date : (City Seal) By : City Manager DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Bv: Assistant Division Engineer COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By : Date: Assistant Commissioner Date : ATTORNEY GENERAL As to form and execution By : Date: 832,64M RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: . To provide maintenance and electrical energy for the existing traffic control signals with street lights, emergency vehicle pre-emption and interconnect on Prairie Center Drive at Viking Drive and at Valley View Road, in accordance with the terms and conditions set forth and contained in Agreement No. 83204M, a copy of which was before the Council. - BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Hennepin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized as shown by the minutes of said meeting in my possession. meeting thereof held on the day of , 2002, City Clerk ( Seal) CITY COUNCIL AGENDA SECTION Consent Calendar DEPARTMENTLDMSION Engineering Division Randy Newton DATE: July 16,2002 ITEM DESCRIPTION I.C. 95-5372 Approve Traffic Control Signal Maintenance Agreement with MnDOT for signals on Prairie Center Drive at Viking Drive and at Valley View Road ITEM NO.: , Q , Requested Action Move to: Adopt resolution approving Traffic Control Signal Maintenance Agreement No. 83205-R with MnDOT for signals on Prairie Center Drive at Viking Drive and at Valley View Road. Synopsis This signal agreement defines the maintenance and financial responsibilities for the signals on Prairie Center Drive at Viking Drive and at Valley View Road for each agency. The signal agreement, in conjunction with Agreement No. 83204M, will enable MnDOT to operate the signals on Valley View Road and Prairie Center Drive between Bryant Lake Drive and the 1-494 North Ramp as a single coordinated system. Background Information The 2001 Golden Triangle Area traffic study identified the coordination of the traffic signals on Valley View Road and Prairie Center Drive as a cost effective infiastructure improvement. The Minnesota Department of Transportation (MnDOT) has since agreed to operate the coordinated signal system, which includes signals owned separately by MnDOT, Hennepin County and the City of Eden Prairie. In order for MnDOT to effectively operate the coordinated signal system, they must also be responsible (on a reimbursable basis) for the operation and major maintenance of the above referenced City owned traffic signals on Prairie Center Drive. The infkastructure improvements for the interconnect system are being completed as part of two projects. The first project is the Prairie Center Drive / Prairie Lakes Drive traffic signal and the second is the TH 212 / Valley View Road Interchange Area Improvements. . ' Attachments Traffic Control Signal Agreement No. 83205-R CITYOFEDENPRAIRIE HEN” COUNTY, MINNESOTA RESOLUTION NO. APPROVE TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT WITH MnDOT FOR SIGNALS ON PRAIRIE CENTERDRIVE AT THE INTERSECTIONS OF VAJLLEY VIEW ROAD AND VIKING DRTVE I.C. 95-5372 WHEREAS, the City of Eden Prairie has prepared construction plans for the traffic .signal interconnect of signals on Prairie Center Drive between TH 212 and Viking Drive; and WHEREAS, the City of Eden Prairie desires to have these signals interconnected with the Minnesota Department of Transportation (MnDOT) trdfic signals on Valley View Road and Prairie Center Drive; and WHEREAS, MiiDOT has‘prepared a traffic control signal agreement that defines the maintenance and financial responsibilities for the traffic signals on Prairie Center Drive at Valley View Road and VikingDrive. . NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Traffic Control Signal Agreement No. 83205-R for City Project No. 95-5372 is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on’ July 16,2002. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 83205-R .. BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION THE CITY OF EDEN PRAIRIE FOR Maintenance of the Traffic Control Signals by State Forces on a reimbursable basis at the intersections of Prairie Center Drive at Viking Drive and at Valley’View Road in Eden Prairie, Hennepin County, Minnesota. .. C.P. 95-5372 .. .. .. Prepared dy Traffic EngAneering ESTIMATED AMOUNT RECEIVABLE None AMOUNT ENCUMBERED None Otherwise Covered f PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the City of Eden . Prairie,. (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving '.the Trunk Highway sys tem. The City and the State entered into Agreement No. 83204M to participate in, among other things, the maintenance and operation of the traffic control signals, Signal(s)) on Prairie Center Drive at Viking Drive and at Valley (Traffic Control View Road. Agreement No. 83204M provides that the State will maintain the traffic signal cabinets and control equipment, maintain the emergency vehicle pre-emption systems (EVP Systems), repair knockdowns of the Traffic Control Signals, perform all other traffic control signal and street light maintenance not performed by the City, and be responsible for the timing and operation of the Traffic Control Signals and EVP Systems, all at the cost and expense of the City. - The parties mutually desire the State to maintain the traffic signal cabinets and control equipment, maintain the EVP Systems, repair knockdowns of the Traffic Control Signal systems and perform all other traffic control signal and street light maintenance not performed by the City, for the City. CONTRACT 1. The State will provide the necessary labor, material and equipment to maintain and keep in repair the traffic control signal cabinets and control equipment, repair knockdowns of the Traffic Control Signal systems and the EVP Systems, perform all other traffic control signal and street light .maintenance not performed-by the City. The State will also be responsible for the timing and operation of the Traffic Control Signals and EVP Systems on Prairie Center Drive at Viking Drive and' at Valley View Road. 2. Upon completion of any work performed under this agreement, the State will submit to the City a detailed invoice in duplicate.listing all labor, equipment and materials used. The City will reimburse the State for services ' provided hereunder as.follows: a) Direct labor charges will be reimbursed at the actual hourly rates paid to State forces performing the work. b) Fringe benefits will be reimbursed as a percentage of direct labor charges, such percentage to be determined by the State Accounting and Finance Section at the beginning of each State fiscal year from the current, cost accounting data. c) Overhead costs will be reimbursed as a percentage of.the total of direct labor charges-, fringe benefits and the cost of any , -. materials, equipment and personal expense provided, such percentage to be determined by the State Finance and Accounting Section at the beginning of each State fiscal year from the current cost accounting data. Any material used will be reimbursed at their actual cost to the State. d) 3.. Upon receipt of said invoice, the City will promptly pay the State the full amount due. If the City'fails to pay any amount due to the State under this agreement, the Commissioner of Transportation may withhold payment of State Aid money to the City to the extent provided by Minnesota Statutes, Section 161 -38, Subdivision 6. f 4. Either party may terminate this agreement upon providing 30 days notice to other party. The City's termination must be accomplished by a resolution of the City Council. State's termination must be accomplished by a letter from Mn/DOT's Assistant Commissioner. The Upon termination it will be the City's responsibility, at its costs and expense, to maintain and keep in repair the Traffic Control Signals.and EVP Systems. termination, the timing of the Traffic Control Signals and EVP Upon Systems will be determined by the City's Engineer. ' 5. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act,,Minnesota Statutes Section 3.736. Each party will be solely responstble for its own employees for any Workers Compensation Claims. 6. .Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7. If the State fails to enforce any provisions of - ' this Agreement, that,failure does not waive the provision or its right to enforce it. 8. This Agreement contains all negotiations and : agreements between the parties. .No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. I 10. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. The' State may immediately terminate this Agreement at any time if'it does not obtain funding from the Minnesota legislature, or other funding source, or if funding can not be continued at a level sufficient to complete the work under this Agreement. APPROVED CITY OF EDEN PRAIRIE AS TO FORM: By : City Attorney Mayor Date : (City Seal) By : City Manager DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant Di.vision Engineer’ COMMI ss IONER OF ADMINI STRATION - As delegated to Materials Management Division Date : Date : 1 DEPARTMENT OF TRANSPORTATION By : Assistant Commiss’ioner Date : ATTORNEY GENERAL As to form and execution By : Date : RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance of the traffic control signals by State Forces on a reimbursable basis at the intersections of Prairie Center Drive at Viking Drive and at Valley View Road in accordance with the terms and conditions set forth and contained in'Agreement No. 83205-R, a copy of which was before the Council: BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized t,o execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota .County of Hennepin . City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of'Eden Prairie at a duly authorized as shown by the minutes of said meeting in my possession. meeting thereof held on the day of , 2002, _. City Clerk (Seal) CITY COUNCIL*AGENDA SECTION: Consent Calendar DEPARTMENT/DMSION: ITEM DESCRIPTION: Engineering Division Randy Newton Adopt Resolution Accepting, Supporting, and Adopting the TH 169 Interregional Corridor Management Plan DATE: July 16,2002 ITEM NO.: Requested Action Move to: Adopt resolution accepting, supporting and adopting the TH 169 Interregional Corridor Management Plan. Synopsis The Minnesota Department of Transportation (Mn/DOT) recently completed work on the TH 169 Interregional Corridor (IRC) Management Plan. The plan recommends the northern segment of TH 169, from Belle Plain to 494, be transitioned to a freeway design. The City of Eden Prairie’s current Transportation Plan and Draft Comprehensive Plan are consistent with this recommendation as well as the other recommendations of the plan. Background Information In 2000, Mn/DOT identified and adopted a statewide system of roadways critical to the economic interests of the state, called the Interregional Corridor (IRC) System. One of the identified corridors was the 73 mile section of TH 169 fiom the 1-494 Beltway to TH 60 south of Mankato. Work on the TH 169 Corridor Management Plan began in 2001 and was recently completed. The City of Eden Prairie was represented in the study on both the Policy Advisory Committee and the Technical Advisory Committee. The TH 169 Corridor Management Plan recommends the northern segment of TH 169, from Belle Plain to 494, be transitioned to a freeway design and identifies the grade separations of Pioneer Trail and Anderson Lakes Parkway and the 1-494 interchange project as the highest priority projects. The plan also identifies the TH 41 river crossing and the TH 41/69 interchange and access as key items for future study. Other recommendations of the plan focus on land use and access management to support the long term vision for the corridor. The City of Eden Prairie’s current Transportation Plan and Draft Comprehensive Plan are consistent with these recommendations. Attachments Highway 169 Corridor Plan Executive Summary CITY OF EDEN PRAIRIE HEN" COUNTY, MI["ESOTA RESOLUTION NO. ACCEPTING, SUPPORTING, AND ADOPTING THE TH 169 INTERREGIONAL CORRIDOR MANAGEMENT PLAN WHEREAS, Minnesota's State Transportation Plan recognizes the significance of interregional highway corridors in providing citizens and businesses throughout the State of Minnesota with high quality access to recreational, educational, employment and health care opportunities, and to the transport of products and services produced by our local economy to regional, national, and.globa1 markets; and, WHEREAS, TH 169 has been identified by the Minnesota Department of Transportation as a High Priority Interregional Corridor fiom 1-494 in the Twin Cities Metropolitan Area to TH 60 in the Mankato Metropolitan Area enhancing the economic vitality of the state and providing essential access for the southern part of the state in Hennepin, Scott, Sibley, Le Sueur, Nicollet, and Blue Earth Counties to major economic markets and cultural centers including the Minneapolis-St. Paul metropolitan area; and, WHEREAS, continued economic and population growth is leading to increasing travel demand in the corridor which, if managed, can negatively affect the level of performance, safety, and congestion experienced by users of the corridor; and, WHEREAS, community leaders, motorists, and road authorities have identified this growing travel demand and development pressure as a concern with potential negative consequences for mobility and safety in the corridor, with the potential to degrade the performance level now provided by the corridor, and resulting negative impacts on the economy and quality of life of the region; and, WHEREAS, the Minnesota Department of Transportation, recognizing the potential impact of continued growth pressure on the corridor, has completed an Interregional Corridor Plan in partnership with the counties, cities and townships along the corridor to look at the long-term role that the TH 169 Corridor will play in meeting the transportation needs of the communities as well as southern Minnesota; and, WHEREAS, it is imperative at this critical time, with continued growth occurring in the region, that a long-term vision for the type of service that the TH 169 corridor provides be established and that steps are identified and initiated to: 1. Preserve the function of the corridor through advance planning, not only for the TH 169 corridor but for the local supporting street systems, and land use and development patterns; and, 2. Secure the needed funding to pursue the vision established for the corridor; and, 3 - Establish a plan of action for the development of planning and programming activities that will proactively address the needs identified. NOW THEREFORE BE IT RESOLVED, the City of Eden Prairie endorses the long-tenn vision and corridor recommendations established for TH 169 in the TH 169 Corridor Management Plan. FURTEIERMORE BE IT RESOLVED, the City of Eden Prairie endorses the need for an adequate network of supporting roads, that this network is necessary to attain the TH 169 Corridor vision, and that the interchange concepts and roadway networks identified in the TH 169 Corridor Management Plan will be considered as interim guides until such time as refinements to these improvements are identified. FURTHERMORE BE IT RESOLVED, the City of Eden Prairie recognizes the regional significance of the corridor in supporting the regional'economy and intends to reflect the TH 169 Corridor Management Plan vision, strategies, and policies through updates to the City of Eden Prairie's land use and transportation plans as well as subdivision ordinances. FURTHERMORE BE IT RESOLVED, the City of Eden Prairie recognizes the ways in which local land use decisions have an impact on state trunk highway performance and intends to manage land use adjacent to the corridor so that recommended access spacing onto TH 169 is maintained in accordance with the TH 169 vision. FURTHERMORE BE IT RESOLVED, the City of Eden Prairie is committed to working in partnership with MOT and the other partners along the corridor as a member of the TH 169 Corridor Management Team in order to achieve the vision and implement the recommendations of the TH 169 Corridor Management Plan. BE IT FURTHER RESOLVED, the City of Eden Prairie strongly encourages MOT to analyze, investigate and pursue maintenance of a viable connection between TH212 in Eden Prairie and TH 169 south of Shakopee and that Eden Prairie respectfully requests to be invited to participate in the River Crossing study as it relates to preserving traffic continuity to our Major Center Area. ADOPTED by the Eden Prairie City Council on July 16,2002. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk State Highway 169 Corridor Plan EXECUTIVE SUMMARY Congestion and growth pressures threaten the mobility and safety of many important transportation corridors. The Stafe Highway 169 Corridor Management PIan was developed through a broad-based Partnership. In 2000, the Minnesota Department of Transportation OOT) identified and adopted a statewide system of arterial roadways that are critical to serving the economic interests of the state. This system, the Interregional Corridor (IRC) System, is comprised of two percent of the roadway miles in the state, but accounts for over 30 percent of the miles traveled. Over the past decade, many of the IRCs have been under increasing congestion and growth pressures. These pressures threaten the ability of Mn/DOT to deliver safe and efficient transportation services both now and in the future. To better address immediate needs and to plan for long-term transportation needs in the most threatened corridors, Mn/DOT developed seven Corridor Management Plans (CMPs). One of the corridors selected for a CMP was the 73-mile section of State Highway 169 from the 1-494 beltway to TH 60 south of Mankato. The State Highway 169 study began by forming a broad-based Corridor Partnership, comprised of approximately 40 representatives from agencies and communities along the corridor. The Partnership was established to assist MmOT in the development of the Corridor Plan, as well as to assist in ongoing corridor management and implementation. The Partnership had two working groups, a Technical Committee, whose role was to provide technical advice and direction to both Mn/DOT and the Policy Committee, and a Policy Committee, whose role was to review and advise Mn/DOT on major policy issues and corridor ' strategies. The process used in the development of the TH 169 Corridor Management Plan was intended to create a better understanding of the issues and concerns along the corridor, as well as to develop consensus with Corridor Partners for a long-term vision and action plan that will be implemented over time. The process was also intended to demonstrate how investments and decisions in one part of the corridor can significantly impact the overall performance of the entire corridor and, very importantly, the process emphasized the need for Corridor Partners to build relationships among the group in order to resolve common problems and support each other in realizing the corridor's vision. 40 Page Ex-1 Tii 169 Conidor Ukwagement PIan Executive Summary State Highway 169 is an important corridor that provides essential connections between southwestern Minnesota and the Twin Cities. It carries commuter traffic; serves as a conduit for commercial, agricultural and manufacturing products; and provides regional access to retail, institutional, recreational and entertainment facilities. State Highway 769 is a critical transportation linkage to southwest Minnesota. A significant amount of effort in the development of the TH 169 Corridor Management Plan was focused on identifying the key issues and transportation needs in the corridor, from the users’ perspective, as well as the perspective from local communities and agencies. The following is a summary of some of the major issues in the corridor: w Flooding of Minnesota River bridges and TH 769 causes significant delays and additional travel in spring. Congestion is a significant problem at l-494, Anderson Lakes Parkway and Pioneer Trail. The corridor is located in the scenic Minnesota River Valley. Parks, wildlife refuges, bluffs, ravines, floodplains, and historic areas all contribute to the’context of the communities and the corridor. Flooding of river bridges and State Highway 169 causes significant delays, detours and economic hardship. River bridges that are susceptible to flooding include TH 101, TH 41, CSAH 9, TH 19, TH 99 and TH 22. Significant development is occurring in the northern portion of the corridor. This development will lead to additional increases in traffic volumes and will put even greater pressure on river crossing links. The traffic demand at signalized and unsignalized intersections is also expected to increase as development occurs. Congestion and traffic delays are a significant problem at the 1-494, Anderson Lakes Parkway and Pioneer Trail intersections. Significant backups are common throughout this section during the peak hours. Significant delays are also beginning to occur at TH 41. The northern portion of the corridor is performing near the minimum target level for High Priority Interregional Corridors (60 mph), while the southern portion is performing above the minimum level for Medium Priority Interregional Corridors (55 mph). Performance is expected to decline significantly over the next 20 years, especially in the northern segments of the corridor. Performance decline will result from rising volumes (greater congestion) and delays from ten additional traffk signals. -If Page Ex-2 TH 769 Corridor Management Pian Executive Summary Approximately 600 crashes occur each year, costing citizens $3 I million. The Corridor Partners recommend a 65 mph performance-based vision. Transition to freeway-type facility north of Belle Plaine and through Mankato/ North Mankato. i On average, 600 crashes occur each year on TH 169. These crashes cost citizens over $31 million annually. While crash seventy and rates are presently near the statewide average, safety problems are anticipated to worsen as volumes and congestion increase. State Highway 169 plays a significant role in moving freight and commodities. It is one of two connections to the Savage Ports, the main terminal for moving commodities by river barge to the Gulf of Mexico. To enhance the safe and efficient movement of goods and people over the long term, the Corridor Partners developed a performance- based vision that sets a target of 65 mph for the entire corridor. The vision minimizes the loss of mobility in the corridor and provides flexibility to address traffic .demands beyond 2025. This vision also addresses safety problems throughout the corridor. To achieve this long-term vision, Corridor 'Partners will need to invest significant capital resources into major projects, develop spot improvements to address operational and safety issues, plan supporting transportation systems, and implement land use and access management strategies to preserve right-of-way. These changes will need to be sensitive to the natural environment and community values that exist throughout the corridor. An overall strategy was developed to guide Corridor Partners in their implementation of the corridor vision. This strategy is based on corridor performance, identifying locations where the risk for additional traffic signals is high, identifying locations where there are significant safety problems and identifying areas where congestion is anticipated to increase. The basic strategy for achieving the corridor vision is identified in Figure El. Major Capital Projects Part of the overall improvement strategy requires significant capital investment in infrastructure improvements. In the northern half of the corridor 0-494 to Belle Plaine), the Corridor Partners have recommended transitioning TH 169 to a freeway facility. The Partners also recommended a freeway facility through the Mankato area (just north of "HI4 to TH 68). Communities in these areas are encouraged to require developers to plan for, construct, or make accommodations for future frontagebackage roads that will be needed as TH 169 transitions to a freeway. As funding allows, grade-separated interchange access will be developed. TH 169 Corridor Management Plan Execufive Summary 41 Page Ex-3 II I I I I I I 'I II I. Manage access where capacity is not anficipafed to be a problem. Consider a bypass of St Peter, . Major capital projects were prioritized on a corridor-wide basis. In rural areas where volumes are not expected to approach capacity and side street demand is low, it is recommended that the rural expressway and access characteristics be managed in accordance with the Land Use and Access Management Strategies identified in the main report. The basic thrust of this strategy is to allow current access to remain or to be reduced to minimize land use change or additional access points in these areas. It is recommended that these strategies be targeted for the areas between Belle Plaine and St. Peter, St. Peter and Mankato, and from TH 68 to the junction of TH 60. In the southern end of the corridor, a potential bypass of the City of St. Peter was examined. Previous studies, including the Transportation Action Model and Governors Design Team, advocated alternatives for TH 169. The City has indicated that heavy traffic volumes in the downtown divide the community, thereby making it difficult io conduct business in the area and maintain the historic downtown atmosphere. Although the technical analysis revealed that a bypass was not necessary to achieve minimum performance targets or to resolve current safety problems, the bypass is consistent with the performance vision and two previous studies. The Corridor Partners prioritized the major capital projects needed to transition TH 169 to a freeway in the northern half of the corridor and through the Mankato area. They also included the bypass of St. Peter, as well as capital projects needed to bring corridor performance to 65 mph. These projects were prioritized based on their ability to address performance, improve safety, mitigate congestion and potential environmental and socio- economic impacts, and on their benefit-cost ratios. Figure E2 identifies the prioritized projects, their locations and their costs. Because the projects are grouped into different categories, it is possible that projects within a category may be advanced over other projects in that same category based on a change in need, environmental documentation andor local efforts to advance projects. It should benoted that the improvement list does not include the planned interchange at the intersection of TH 169 and TJ319 (Scott County line). This interchange is scheduled for construction in 2002. It should also be noted that all major capital projects should be designed to provide accommodations for pedestrians and bicyclists crossing TH 169. Y'l Page Ex-5 TH 769 Corridor Management Pian ~~ecutive summary - f. - n 0 3 =I CD n r m 0 m 7 U .-., -1 Mega Proiects Priority A Priority B Reconfigure I-494/TH 169 Interchange ' TH 41 River Crossing Major Capital Proiects . Priority A Pioneer Trail Interchange Anderson Lakes Parkway Interchange Priority B TH 41 Interchange CSAH 69 Overpass TH 282 Interchange (Jordan) *CSAH 6/64 Interchange (Belle Plaine) *TH 14LindNebster Interchange (Mankatomorth Mankato) CSAH 14 Interchange *TH 25 Interchange (Belle Plaine) CSAH 65 Interchange * Priority C ' CSAH 59 Interchange St. Peter Bypass CR 66 Overpassg *CSAH 33R.H 68 Interchange lo Le Sueur Interchange l1 Bold font indicates a project is needed for minimum mobility performance targets. (*) Indicates a project is needed for safety reasons only. ' An Environmental Assessment will be completed by June of 2002. The environmental documentation will include analysis for six lanes on TH 169 between 1-494 and Bloomington Ferry Bridge. The TH 41 river crossing has been identified as a regional river crossing issue. The susceptibility to flooding, amount of truck traffic, and proximity to downtown Chaska suggest that the current facility has limited use as a regional crossing route. Mn/DOT is moving ahead with a TH 41 river crossing scoping study to investigate this issue. This project is not on TH 169, but it plays an important role in how TH 169 will function in the future. An Environmental Assessment will be completed by June of 2002. The current TH 41 intersection operates at LOS F. Even with a new TH 41 river crossing, the current crossing is anticipated to have sufficient traffic, similar to 2000 levels, to generate the need for an interchange. MdDOT is developing interim fixes to improve operations and limit access. The final configuration of this project will depend upon the results of the river crossing study. The City of Shakopee has indicated its opposition to a change in access at this location. Mn/DOT has agreed to study this access along with the TH 41 river crossing to determine an appropriate solution. Mn/DOT is working with the City of Jordan to identify a preferred interchange concept.' Mn/DOT is nearing completion of an interchange/access study. Mn/DOT is pursuing acquisition of right-of-way in 2002. Scott County has shown need for a future east-west arterial connection in this area. This connection should be considered as long-term access is planned in this area. Project may be converted to an interchange if Scott County pursues an east-west arterial route in this location. Long-term access concepts identified in TH 169 intersections study (1998). Le Sueur County reconstructing CSAH 28 in area. Need to identify future access location and local road connections. lo hWD0T is pursuing interim improvements for 2002. qg Page Ex-7 TH 169 Corridor Management Pfan Executive Summary Other Improvements There is little funding for the major capital projects identified on the previous pages. As a result, a number of smaller projects may be needed to address short-term needs and safety issues. The following projects are recommended to improve safety and to make the corridor function as well as possible without some of the Presently, there is little funding for the identified major capital projects. major improvements. a) Mn/DOT should install longitudinal rumble strips on the shoulders of TH 169 in order to reduce the number of run-off-road crashes. Before and after studies have shown that run-off-road crashes are reduced by up to 65 percent where these devices are in place. Longitudinal rumble strips are lacking in the Scott County portion of the corridor (primarily on outside shoulder). Provide left turn lanes at all full access points or restrict to rigbf-in/righf-out. b) Mn/DOT should add left turn lanes at all access points in high- . speed areas or restrict access points to right-idright-out. Additionally, all commercial acess should have right turn lanes. Modifications should be done as time and funding permit or as resurfacing or other projects arise. c) Mn/DOT should pursue, as funding allows, the development of living snow fences in areas where blowing snow limits visibility and affects operations of TH 169 during winter snow events. It is recommended that Mn/DOT work with the DNR in these areas to determine if there may be mutual benefits in terms of developing wildlife habitat. d) Mn/DOT should elevate TH 169 in areas that are prone to flooding. If raising the roadway is not feasible, flap gates or other barriers to limit flooding should be installed to reduce the number of days that TH 169 is out of service. It is recommended that Mn/DOT evaluate current pavement conditions and prioritize areas based on pavement condition, flood frequency and detour length. In addition, it is recommended that Mn/DOT pursue funds that may be available to assist in reducing future flood events. Minimize drifting and flooding problems. e) It is recommended that MXDOT pursue interim improvements at the intersection of TH 41 .to reduce delay. This improvement ’ is scheduled for 2004. f) Interim improvements to intersections south of Mankato near Le Hillier should be completed to improve safety at the TH 169 Corridor Management PIan Executive Summary 47- Page Ex-8 Evaluate need for other easf- west arterial capacity in northern part of corridor Work with communities to implement land use ordinances. CSAH69, CSAH 33 and TH 68 intersections. These improvements are scheduled for 2002. Local agencies should ensure that adequate frontage and/or backage roads are developed along TH 169 in the areas transitioning to a freeway. The majority of these roadways should be constructed as development occurs. Municipal agreement funding or Mn/DOT funding should only be used to address hardship cases or to address timing problems. Mn/DOT and local agencies should consider providing park- and-pool facilities near major public access points to TH 169. While a formal busway is not planned for this corridor, park-and-pool facilities can provide choices for users. Consideration should be given to providing additional east- west arterial capacity in‘ the northern half of the corridor. Existing east-west routes 1-494, TH 13 and TH 41 have capacity issues that will worsen as development in the area continues. New east-west connections will be needed to handle increasing demand. As an interim measure, consideration should be given to implementing ITS improvements at existing traffic signals”; see Mn/DOT report Truck Priority at Traflc Signals, February 2002. Land Use and Access Management Strategies It is recommended that the communities along the corridor adopt the land use and access policies and strategies and incorporate them into their local ordinances and regulations. Mn/DOT should work with local agencies to incorporate land use and access policies into local ordinances as local plans and ordinances are updated. This should include presentations and/or work sessions with local planning commissions. These policies can be summarized as follows: County, city and township land use and transportation plans should support the long-term vision of the TH 169 Corridor Management Plan (CMP). -*-.. l2 For additional information, please refer to Mn/DOT’s report, “Truck Priority at Traffic Signals,” February 2002, ::I >-----* Mn/DOT’s OATS office has a copy of this repoh TH769 Corridor Management Plan 4” Executive Summary Lj Page Ex-9 .----. .' = Local ordinances should prohibit direct property access to ->. *..:* Local ordinances should TH169, making any existing access legal non-conforming. Prohibit direct PrOP@Yacc&s Existing access may continue as long as alternative access is and guide growth in the not feasible; however, the existing use may not expand or reestablish and these accesses may be limited to corridor. right-idright-out. . . -! . Local ordinances should provide a review of site access (conformance with the TH 169 CMP) as conditional use permits are issued or modified. . Local plans should guide development to identified growth areas. Rezoning of property should not precede the availability of the local road network. . Acquisition of right-of-way should be completed as part of the rezoning or platting process. , . . Temporary access may be granted to TH 169 if no other feasible alternative is available; these accesses will be removed shifted to the local street network as it becomes available.. Local plans should support conversion of access in freeway transition areas. Access will be converted to frontagehackage Local plans should support conversion of access in ii.,4it::, freeway transition areas. :$&\.Y .,>:&i..;) . . .WC, y:. * .\ 4' roads over time. . Local policies should promote the adoption of official maps to protect right-of-way in areas that have a high risk for development. . Implementation Studies In order to implement the improvement strategies previously outlined (major capital improvements, interim and other improvements, and land use and access strategies), two significant efforts must be undertaken. First, Corridor Partners and Mn/DOT will need to educate citizens and businesses about the long-term vision, the necessary funding required to achieve the vision, and . the interim improvements that could be utilized to mitigate concerns. pursue additionalstudies to cOmPrex and provide guidance for local agencies, landowners Secondly, Mn/DOT and Corridor Partners should pursue additional scoping and environmental studies on the highest priority projects so that access and design issues can be resolved. This will enable communities to adequately prepare for new development in terms of right-of-way preservation and frontagebackage road t - ' and the public. * _. TH 769 Corridor Management PIan Executive Summary L[ '7 Page Ex-1 0 r development. Figure E3 shows the locations of the identified studies. The studies include the f~llowing:'~ m m m m *I-494, Anderson Lakes Parkway and Pioneer Trail study TH 41 Minnesota River crossing studyI4 TH 41/69 interchange and access study" *TH 282/TH 21 access study *CSAH 6/64 and TH 25 interchange and access study Le Sueur Hill interchange and access studyi6 CSAH 14 and CR 65 interchange study TH 14 and LinMebster interchange study St. Peter bypass scoping study CSAH 59 interchange and CR 66 overpass study Shakopee/Jackson Township frontage roadsI7 Southern Metro Area East-West Arterial Studyi8 Scott County east-west arterial studyig Scott County land use study2' ' In addition to the implementation strategies previously described, Corridor Partners and Mn/DOT should consider the following: Continue to anticipate future local, regional and private projects and leverage funds to develop pieces of the overall vision over time. l3 Studies with an * are in progress. l4 MnlDOT anticipates beginning this study in the summer of 2002. lS Should be included in TH 41 Minnesota River crossing study. Le Sueur County improving CSAH 28 connection in 2005. l7 City of Shakopee and Scott County responsibility. ** Study is scheduled to begin in 2002 (Mn/DOT is leading effort). . . -- .\ ',..-a Scott County is in the process of prioritizing east-west corridor studies within the county. Study would investigate future urbanization of agricultural land east of east of Jordan and south of Shakopee TH 169 Corridor Management Plan Executive Summary Page Ex-11 = Continue to pursue a variety of funding sources, including federal, state, local, public/private partnerships, development agreements and other special grants or loan funds. Explore ways to reduce or spread peak hour demand so capacity is utilized more efficiently. Partners should meet at least annually to review corridor recommendations and discuss implementation issues. Partners should meet at least annually to review and discuss corridor implementation issues. TH 169 Corridor Management Plan Ekecutive Summary = Form a corridor coalition to bring the recommendations of the study forward to decision-makers at the state and federal level. Page Ex-12 3 P c 0 4 / b CITY COUNCIL AGENDA SECTION Consent Calendar SERVICE AREADMSION:’ Public Works Service Area Leslie Stovring Through Eugene Dietz I”EM DESCRIPTION: Hamline University Agreement for the Big Foot CD-Rom Production DATE: July 16,2002 ITEM NO.: .F, Requeste& Action Move to: Synopsis A Municipal Waste Abatement Incentive Fund Grant Agreement was submitted to Hennepin County on January 15, 2002 for production of an educational CD-ROM on recycling. The attached agreement is to establish an agreement with Hamline University to agree on apayment schedule and licensing terms for the finished product. Approve an agreement with Hamline University for production of the Big Food CD- Rom for the amount of $44,875. Background The total project cost is $69,825. The grant included $44,875 that will cover the cost of Hamline University’s agreement. The rest of the grant application included an $18,000 match fiom Hamline University and a $6,950 match fkom the City ($4,800 in stafftime and $2,150 for production expense matching). The City of Eden Prairie submitted aMunicipa1 Waste Abatement Incentive Fund Grant Application. to Hennepin County after City Council approval in October 2001. The County selected the application for approval in December 2001. The grant is for production of an educational CD-Rom that will build on the “Big Foot’’ video previously produced by the City and Hamline University on recycling. The CD-ROM will also be distributed with the “traveling recycling education trunk” which is being constructed under a separate grant application through the City of Plymouth in . coordination with other west suburban Cities, including Eden Prairie. Attachments Hamline Agreement HAMLINE Media inteeation Betatesting 9 . Revisions $9,175 . .' .. Post-production /I . * . . . '$44,875 Total UNIVERSITY 4/31/03 Cater for Global Environmental Edzccaton Graduute School of Education . June 13,2002 .. Leslie Stovring . '. Environmental Coordinator City of Eden Prairie Public Works Citycenter . . 8080 Mitchell Road . .. Eden Prairie, MN 55344-2230 . .. .. .. I.. .. . . .. . *. , Dear Leslie: . .. * his igreement concerns the prtj ofthe'kig ~p by Hamline -. . University's Center for Global Environmental Education as per the Hennepin County' ~ - . .) Mimicipal Waste Abatement Incentive.Grant dated October 10,2001 which was . .. . .- .. ,. ,. I. I. .. .. .- .. .. :. _. . .. . Copyright 1. Hde University's Center for Global Environmental Education (CGEE) hereby grants to- the City of Eden Prairie Environmental Learning Center (ELC), a perpetual, .. irrevocable, no-fee right and license to make, have made, reproduce, modi&, distribute, perform, and otherwise use the originas audio and video-recordings, and any computer- generated images created by CGEE or its clients for this project in all forms and manners that the ELC in its sole discretion deems appropriate. ' . his-Al760 - 1536 Hewitt Ayenue, Saint Pad, hJN 55104-1284 - 651-523-2480 - 651-523-2987 fax cgee@hamlineedu 0 http:/lcge&amline.edu Jlin?ie.sotak First C'nire&@ - A Tradition ofPiomming Since I854 <q - 2. CGEB shall own all rights, title and interest in all of the intellectual property rights, including copyrights in the original audio and video recordings, and any computer- generated images created for this project by CGEE or its clients. 3. CGEE represents and warrants to the ELC that the all materials used in this project do not and shall not infr-inge upon any intelkctuixl property rights of others. CGEE shall indemnifjr, defend, and hold harmless the ELC fi-om any action or claim brought against the ELC based on it claim kt materials used in this project inkinge upon inteliectd property rights of others. Date Date Title: Title; City of Eden Prairie City of Eden Prairie A - AssistantDirector Center for Global Environmental Education CITYCOUNclLAG~A SECTION: Consent Calendar SERVICE AREADMSION Parks and Recreation Through: Robert A. Lambert From: Tria Mann, Arts & Special Events Coordinator Director w ITEM DESCRIPTZON: Approve Contract for Artist Design Services for the Jean Harris Memorial ITEM NO: Requested Action Motion: Move to approve the contract for Teri Kwant for a fee not to exceed $6,000 for artist design services for the Jean Harris memorial project. Synopsis On May 7, 2002, the City Council authorized the Arts Commission to appoint an ad hoc committee to work with staff‘to recommend an artist that will work with a task force and the landscape design consultant in developing an artistic component within the Purgatory Creek Recreation Area. The City received six submittals fiom artists responding to a Request for Proposal. Mary Altman, a public art consultant, Barry Warner, the landscape architect for the Purgatory Creek Recreation Area Project, Tria Mann, and Bob Lambert screened the six submittals. All six were very accomplished artists; however, three had significantly more experience working with citizen’s committees on projects similar to the Jean Harris memorial project. Those three artists made presentations to the committee and Teri Kwant was selected unanimously as the committee felt she was more sensitive to, and better able to respond to Mayor Harris’s “ten rules of life.” Teri’s previous experience, variety of medium and ability to develop projects defined by a written script made the committee very excited about working with Teri on this project. A copy of the contact is attached to this memorandum. BL:mdd Ten K KL~ 2012 Milwaukee Avenue 612332.5342 lab Minneapolis Minnesota 55404 6123082588 cell idesign@btstrearn.net Contract Page 1 Date 7/03/02 Client Tria Mann Arts &Special Events Coordinator City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344-4485 Services Dr. Jean Harris Memorial Public Art Project Definition + Budget DELIVERABLES INCLUDED I INVESTlGAnNGTHEMES 10-12 Hours Meet with landscape team and Eden Prairie team as needed. Meetwith community and friends of Dr. Hams.Researchsubjectareasard provide Wn proposal on artistic andcontentapproaches for consideration. I1 CONCEfT DEVELOPMENT 20-30 Hours Collaborate with team members to establish conceptual direction. Developvisual presentation, including sketches and/or models of creative approach. Materials and fabrication methods will be researched and samples provided for consideration. Meetings, and one set of revisions provided. 111 ASSIST PIANNERS/ARCHlTECTS IN SmNG OF ARTISTIC ELEMENT(S) 4 Hours Meetings and discussion with SRFteam.travel to site, collabomtjon with all team members. Presentation materialsto be included in SRFsii renderings. lVAODmONALMEETINGSAND REVISIONS 10 Hours Miscellaneous meetings/tmvel and client changes or revisions. VSCHEMATlC DESIGN VI REVIEW OF DRAWINGS VI1 OVERVIEW FABRICATION Phases V-Vllof wbrkare not included in the current budget or delivewbles based on City of Eden Prairie's original RFQ parameters of budgeting through conceptual design phase onv. A budget direction is approved, and scope of project is determined, a budget canthen be pmvided to outline costs forthe final rendering and fabrication phases. ,L . \ can be prepared forthese phases and included in this contract if desired, or. once the concewal CURRENT ESTIMATE FOR PHASES I - N 5Q60 HOUB Design Fee $4wo-5oOo. Insurance and bonding $ 500.00 Contingency (10%) $ 500.00 Total $ 5000-6000.00 Ten K KiiGant 2012 Milwaukee Avenue Minneapolis Minnesota 55404 Contract Page 2 Date 7/03/02 Client Tria Mann Arts &Special Events Coordinator City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344-4485 Services 6123325342 lab 6123082588 cell idesignobmam.net Dr. Jean Harris Memorial Public Art Project CONTRACT PARTICULARS Current Date 7.3.02 Completion Date TO BE DETERMINED Insurance REQUIRED I PAID BY CLIENT @Copyright RETAINED BY ARTIST Warranty NOT APPLICABLE Commission $5000-6000.00 Payments Initial deposit of one third of total commission is required at project initiation. One third will be due at presentation of concepts. Final third will be due upon accepted design for Harris Memorial. If less time is required to do the project than what has been budgeted, that reduced number of hours will be reflected in the final billing. Please make all checks payable to Teri K. Kwant , , A separate invoice will be submitted upon approval of this contract for the first phase of work. .\ . '* '._ Respectfully submitted, Teri K. Kwant Public Artist 7/4/02 Accepted by, Tria Mann Arts & Special Events Coordinator City of Eden Prairie CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: Office of City Manager Resolution Designating the Responsible Authority and the Data Practices Compliance Official Requested Action: DATE: July 16,2002 ITEM NO. tt. Move to: Adopt the Resolution designating the City Clerk as the Responsible Authority and the Data Practices Compliance Official. Synopsis: Minnesota law requires designation of a Responsible Authority relating to data practices and a Data Practices Compliance Official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the City. The attached resolution designates the City Clerk as the Responsible Authority and the Data Practices Compliance Official. The City Manager is currently designated as the Responsible Authority and Data Practice Compliance Official. This change is recommended by the City Manager based on the City Clerk’s knowledge and familiarity of data practices statutes and practices. Attachments: Resolution CITY OF EDEN PRAIRIE EIEMVEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- A RESOLUTION DESIGNATING THE RESPONSIBLE AUTHORITY RELATING TO DATA PRACTICES AND APPOINTING AND DESIGNATING THE DATA PRACTICES COMPLIANCE OFHCIAL WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, requires that the City of Eden Prairie appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, government data, or surnmary data; and WHEREAS, Minnesota Statutes, Section 13.05 Subd. 13 requires that the City of Eden Prairie appoint a Data Practices Compliance Official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the City; and WHEREAS, the City Council shares concerns expressed by the Legislature on the responsible use and access of all City data and wishes to satisfjr this concern by appointing an administratively qualified Responsible Authority and Data Practices Compliance Official as required under the statute. BE IT RESOLVED by the City Council of the City of Eden Prairie to appoint the City Clerk as the “Responsible Authority” for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13 and as the “Data Practices Compliance Official” to receive questions regarding problems in obtaining access to data or other data practices problems. ADOPTED by the City Council July 16,2002. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, Clerk CITYCOUNCILAGENDA SECTION Consent CaIendar I SERVICE AREAID ON: ITEM DESCRIPTION: I.C. 98-5471 Engineering Division Eugene A. Dietz Receive Feasibility Report and Set Public Hearing for Hillcrest/Alpine Improvements DATE: July 16,2002 ITEM NO.: Pi \I, Requested Action Move to: Receive feasibility study and Adopt resolution setting a public hearing Hillcrest/Alpine Improvements (I.C. 98-547 1) for 7:OO P.M., August 20,2002. Synopsis With the assistance of HTPO, Inc., the City Engineer has prepared a feasibility study for street reconstruction in the Hillcrest/Alpine neighborhood. 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 Hillcrest/Alpine neighborhood, 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. This report is a culmination of neighborhood input and workshop meetings with City Council. The result is expected to be the policy for reconstruction of streets that do not meet current City design standards. The proposed assessment is 40% of the final construction and engineering costs, plus interim financing and an administrative cost of 9%. The report also analyzes past assessments to this neighborhood and compares past and proposed assessments to the Council- adopted “assessment cap”. The results of the report show an equitable cost distribution in conformance to our assessment policies and a total assessable amount substantially below recently ordered projects in the community. CTTY OF EDEN PRAIRTE €JE"EPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC EEARING WHEREAS, a report has been given by the City Engineer, recommending the following improvements to wit: I.C. 98-5471 - HillcrestIAlpine 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 429.01 1 to 429.1 11, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the August 20, 2002 at 7:OO 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 July 16,2002. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: July 16,2002 I I I SERVICE AREAIDMSION: ITEM DESCRIPTION: Community Development and Financial ServicesDon Uram Payment of Claims ITEM NO.: Yurt I I I Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 11 1222-1 11730 Wire Transfers 1569-1 573 Background Information Attachments City of Eden Prairie Council Check Summary 711612002 101 102 110 111 112 113 114 115 116 117 130 ' 131 133 134 135 136 151 152 153 154 155 156 157 158 159 160 161 162 163 180 183 184 186 200 201 202 203 204 303 308 31 1 31 2 314 502 503 506 507 509 51 1 601 602 603 701 702 703 803 806 Division General Legislative Legal Counsel City Clerk Customer Service Human Resources Communication Services Benefits &Training Risk Management Facilities City Center Assessing Finance Community Development Heritage Preservation Information Technology Wireless Communication Park Maintenance Parks Capital Outlay Athletic Programs Community Center Beaches Youth Programs Special Events Senior Center Recreation Administration Adaptive Recreation Oak Point Pool Arts Park Facilities Police Civil Defense Fire Inspections Engineering Street Maintenance Street Lighting Fleet Services Equipment Revolving Cemetery Operation Grant Fund Recycle Rebate Liquor Compliance Park Development Utility Improvement Improvement Bonds 1996 Construction Fund CIP Fund Construction Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund Escrow Fund SAC Agency Fund Total E-91 1 Amount 463,120 486 52,845 1,513 3,889 2,843 5,902 4,094 3,749 15,359 32,213 289 (5,872) 605 1,327 70 44,638 28,692 14,560 6,951 26,587 1,099 16,870 31,465 734 88 1,603 21 8 8,249 3,237 7,774 63 19,876 347 182 38,287 55,234 17,488 109,080 7 1,464 632 14,428 4,119 176,125 24,082 68,774 186,476 192,754 2,739 79,325 144,936 83,777 188,275 182,188 9,627 2,851 90,000 2,468,329 City of Eden Prairie Council Check Register 7/16/2002 Check# 1569 1570 1571 1572 1573 111222 111223 111224 111225 111226 111227 111228 111229 111230 111231 111232 111233 111234 111235 111236 111237 111238 111239 111240 111241 111242 111243 111244 111245 111246 111247 111248 111249 111250 111251 111252 111253 111254 111255 111256 111257 111258 111259 111260 111261 111262 111263 111264 111265 111266 111267 111268 111269 111270 111271 111272 111273 111274 111275 111276 I 11277 111278 111279 111280 111281 Amount 63,171 163,150 32,249 15.425 9,084 1,100 100 39 550 100 34 29,792 2,250 165 100,264 383 207 22 212 112 293 61 104 90 100 118 100 9 185 80 18 542 89,100 168,826 56 45 268 3,859 2,520 583 354 76 250 75 25 185 13,163 254 12,407 144 90 1,134 275 24 1,254 15 88 1,384 35 12 5 258 2,577 345 4,923 Vendor PUBLIC EMPLOYEES RETIREMENT WELLS FARGO MINNESOTAN A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEUCU ICMA RETIREMENT TRUST457 BCA/TRAINING & DEVELOPMENT BERG, JOHN H BLOMQUIST, RENAE BOLD, PAULINE BROWN, RENEE CHRISTIANSEN, ERIC CONTROL SERVICES OF MINNESOTA, DEAM, BETH DMJ CORPORATION DOIG, LARRY EDEN PRAIRIE NOON ROTARY CLUB FIRESIDE CORNER G & K SERVICES DIRECT PURCHASE GONYEA, BETSEY GREG LARSON SPORTS HAINES, KATHLEEN HENNEPIN COUNTY TREASURER HOLTE, JESSICA HORAK, DARYL KAPIL, RASHMI KAUL, SANJAY KRISHNAN, ANANTH MARSHALL, DEBRA MCFERRIN, TANYA MENARDS METRO SALES INCORPORATED* METROPOLITAN COUNCIL METROPOLITAN COUNCIL ENVIRONME MINNCOMM PAGING MINNEAPOLIS FINANCE DEPARTMENT MINNESOTA PRINT MANAGEMENT LLC MINNESOTA VALLEY ELECTRIC COOP MINNESOTA VALLEY WHOLESALE MITCHELL, JULIE MORRISH, SUE OLD DUTCH FOODS OTTERNESS, RON PAIN ENTERPRISES INC. PATEL, MIXA PURNELL, KATHY RELIANT ENERGY RETAIL INC. RENAISSANCE 1 DESIGN STUDIO RICHFIELD, CITY OF RUE, RODNEY SCHERR, EDWlN PAUL SCHOWALTER, TRACEY SKEESICK, FORREST SQUIRES, HEIDI STATE OF MINNESOTA STATE OF MINNESOTA SUN NEWSPAPERS TERWELL, DElRDE TESSCO UNITED PARCEL SERVICE CRAWFORD-MERZ STEWART-HESTER, RENEE US POSTMASTER - HOPKlNS US POSTMASTER - HOPKlNS WALSTEIN. LOUISE M. WORK CONNECTION-BPARK Account Description Employers PERA Federal Taxes Withheld State Taxes Withheld Deferred Compensation Deferred Compensation Tuition ReimbursemenVSchool Refunds Lessons & Classes Instructor Service Refunds Lessons & Classes Building Repair & Maint. Deposits Program Fee Improvement Contracts Tuition ReimbursemenVSchool Dues & Subscriptions Mechanical Permits Clothing & Uniforms Program Fee Recreation Supplies Lessons & Classes Licenses & Taxes Other Contracted Services Refunds Program Fee Refunds Lessons & Classes Lessons & Classes Instructor Service Operating Supplies Other Rentals Due to Other Governments Waste Disposal Pager & Cell Phone Special Event Fees Office Supplies Operating Supplies Landscape MaterialslSupp Other Contracted Services Insurance Operating Supplies Instructor Service Chemicals Program Fee Lessons & Classes Gas Operating Supplies Autos Operating Supplies Other Contracted Services Tuition ReimbursemenVSchool Instructor Service Operating Supplies Autos Operating Supplies Other Contracted Services Employment Advertising Lessons & Classes Operating Supplies Postage Postage Postage Instructor Service Other Contracted Services Business Unit General Fund General Fund General Fund General Fund General Fund Police Environmental Education Oak Point Lessons Outdoor Center Environmental Education Pool Lessons City Center Operations Escrow Outdoor Center Capital Impr. I Maint. Fund In Service Training City Council General Fund Street Maintenance Activity Camp Spring Skill Development Fitness Classes Park Maintenance Liquor Compliance Environmental Education Summer Skill Development Environmental Education Oak Point Lessons Pool Lessons Outdoor Center Park Maintenance General SAC Agency Fund Sewer Utility - General Sewer Liflstation Senior Center Program General Street Lighting Reforestation Police Risk Management Summer Safety Camp Outdoor Center Pool Maintenance Preschool Playground Pool Lessons Maintenance Summer Theatre Storm Drainage Engineering Liquor Compliance In Service Training Spring Skill Development Environmental Education Public Safety Fleet Services Recreation Administration Human Resources Ice Arena Wireless Communication Water Treatment Plant Senior Center Program Communication Services Outdoor Center Park Maintenance City of Eden Prairie Council Check Register 7/16/2002 Check# 111282 111283 111284 111285 111286 111287 11 1288 111289 11 1290 111291 111292 111293 111295 111296 111298 111299 111300 111301 111302 111303 111304 111305 111306 111307 111308 111309 111310 111311 111312 111313 111314 111315 111316 111317 111318 111319 111320 111321 111322 111323 111324 111325 111326 111327 111328 111331 111332 111333 111334 111335 111336 111337 111338 11 1339 111340 111341 111342 111343 111344 111345 111346 111347 111348 111349 111350 Amount 112,279 100 151 31 8 101 2,065 9.476 4,908 20,776 5,435 1 1,226 21 0 43,174 1,725 26,767 321 734 4,322 21 0 12,528 891 2,485 23,505 18,019 185 430 472 100 125 193 10,000 1,100 75 300 160 100 1,637 100 140 634 361 181 29 70 128 3,947 120 581 75 44 31 11 2,189 72 39 2,132 289 704 200 600 98 88 2,947 16 25 Vendor XCEL ENERGY ZARLING, CHRISTINE ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOlTLlNG COM NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING TRI COUNTY BEVERAGE & SUPPLY WINE MERCHANTS INC WORLD CLASS WINES INC BESTLER, ADAM DUPONT, BRENT GE CAPITAL HABITAT FOR TECHNOLOGY INTELLISYS INC MWOA NORDQUIST, JOY PRAIRIE CYCLE & SKI RICHTER, BRIAN E. SOUTHWEST SUBURBAN PUBLISHING- SWANSON, PAUL BAGELMAN'S NEW YORK BAKERY BARTON SAND & GRAVEL CO BURNSVILLE LANDFILL CUB FOODS EDEN PRAIRIE CULLIGAN WATER DOCTER, GRETCHEN K. GENUINE PARTS COMPANY GRAY, ALAN HENNEPIN COUNTY HENNEPIN COUNTY TREASURER HOLLINGSWORTH, DENISE KRAEMERS HARDWARE INC LARSON, KAREN LOGIX COMPANY, THE MALMQUIST, JODI MANN, TRIA MlNN CHILD SUPPORT PAYMENT CTR MINNEAPOLIS AREAASSOC OF REAL MITCHELL, JULIE NISTLER, DON PAUTZ, ROGER PROTECTION ONE QUICKSILVER EXPRESS COURIER QWEST STAR TRIBUNE TORMOEN, JUDY CULLIGAN-METRO Account Description Electric Refunds Misc Non-Taxable Misc Taxable Repair & Maint. Supplies Liquor Beer Wine Imported Beer Wine Domestic Liquor Beer Liquor Tobacco Products Beer Misc Taxable Misc Non-Taxable Wine Imported Misc Taxable Wine Domestic Tobacco Products Wine Domestic Wine Domestic Beer Beer Wine Domestic Wine Domestic Other Contracted Services Travel Expense Other Rentals Other Contracted Services Other Contracted Services Conference Expense Other Contracted Services Operating Supplies Other Contracted Services Legal Notices Publishing Other Contracted Services Miscellaneous Gravel Waste Disposal Operating Supplies Operating Supplies Other Contracted Services Wages No Benefits Equipment Parts Dues & Subscriptions Waste Disposal Waste Disposal Lessons & Classes Operating Supplies Lessons & Classes Capital Under $2,000 Wages No Benefits Lessons & Classes Garnishment Withheld Operating Supplies Other Contracted Services Program Fee Other Contracted Services Other Contracted Services Postage Telephone Misc Non-Taxable Mileage & Parking Business Unit Street Lighting Environmental Education Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Staring Lake Concert Auto Theft Prevention Grant General Capital Impr. I Maint. Fund Water Treatment Plant Water Utility - General Summer Safety Camp Summer Safety Camp Staring Lake Concert City Clerk Staring Lake Concert General Facilities Street Maintenance Park Maintenance Outdoor Center Fire Outdoor Center Elections Fleet Services In Service.Training Park Maintenance Park Maintenance Oak Point Lessons Park Maintenance Pool Lessons Liquor Compliance Elections Pool Lessons General Fund Assessing Police Adult Program Spring Skill Development Cummins Grill General E-911 Program Prairie View Liquor Store Senior Center Administration City of Eden Prairie Council Check Register 71 16!2002 Check# 111351 111352 111353 111354 111355 111356 111357 111358 111359 111360 111361 111362 111363 111364 111365 111366 111367 111368 111369 111370 111371 111372 111373 111374 111375 111376 111377 111378 111379 111380 111381 111382 111383 111384 111385 111386 111387 111388 111389 111390 111391 111392 111393 111394 111395 111396 111397 111398 111399 111400 111401 111402 11 1403 111404 111405 11 1406 11 1407 11 1408 111409 111410 111411 111412 111413 111414 111415 Amount 1,028 25 2,349 34 58 92 60 23 130 104,531 507 46 204 1,000 120 500 400 1,702 40 141 1,500 1,000 100 83 63 345 205 53,477 1,064 99 150 94 54 56 1,000 450 143 99 100 85 500 105 90 116 80 100 525 840 1,800 97 98 105 114 45 36 237 52 500 35 750 300 32 20 88 4,500 Vendor VERIZON WIRELESS BELLEWE WALLACE, MELANIE XCEL ENERGY ACKER, TAYLOR ALBERTSON, KELSEY BARLI, ROBERT BISCHOFF, DAN BLUHM, ELLEN ELIZABETH BOLD, PAULINE BOYER FORD TRUCKS C&J TRAVEL INC CAMPIN, MICHELE CONNEY SAFETY PRODUCTS CRAWFORD, ANN DEPT OF LABOR & INDUSTRY DUHRKOPF, CLARK EKHOLM, PHETSAMONE ELAN FINANCIAL SERVICES FREY, TERRI GEIGER FRIEDRICHS, MIKE GAME WORLD GARDNER, COLLEEN GEIS, ROB GIN, MICHELLE GORDON, LlZZY GRABER, MATT GRAYBOW COMMUNICATIONS GROUP GREGERSON ROSOW JOHNSON & NlLA HENNEPIN COUNTY SHERIFF'S OFF1 HILDEBRANT, SARAH HOCHREIN, PAMELA HOFFMAN, MEGAN HOGER, ANYA HOGER, DEREK JONASON, MARVIN KIT AND KABOODLE KRESS, CARLA KRULL, JOHN LEBLANC, ERIC LEE, RAE LIMBERG, KRISTY LUMBER BARONS HOTEL MANN, TRlA MARCO, ANDREA MCFERRIN, TANYA MELZER, MARY MERRY BOBB MUSIC INC MISTY AND FRIENDS MOBILE ZOO MRPA MULQUEENY, MAT O'BRIEN, COLLIN L. OBRIEN, THEA M. PERKINS, BRITTNEY PETERS, MARY KATE PETERSON, TYLER PErpl CASH PICCOLO, NAOMI RAVEY, LEANNE RICHFIELD, CITY OF SCHIFFMAN, JIM SMITH, SHELLEY SPADING, ADRIANA STORY, EMILY SWANSON, SAMANTHA TEMPORARY HEROES INC Account Description Pager & Cell Phone Lessons & Classes Electric Other Contracted Services Other Contracted Services Clothing & Uniforms Other Contracted Services Other Contracted Services Instructor Service Autos Travel Expense Operating Supplies Operating Supplies Other Contracted Services Licenses & Taxes Other Contracted Services Other Contracted Services Travel Expense Instructor Service Other Contracted Services Other Contracted Services Other Contracted Services Travel Expense Other Contracted Services Other Contracted Services Tuition ReimbursemenffSchool Operating Supplies Legal Board of Prisoner Other Contracted Services Program Fee Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Mileage & Parking Other Contracted Services Travel Expense Program Fee Other Contracted Services Travel Expense Mileage & Parking Program Fee Instructor Service Other Contracted Services Other Contracted Services Other Contracted Services Conference Expense Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Clothing & Uniforms Other Contracted Services Other Contracted Services Autos Other Contracted Services Other Contracted Services Other Contracted Services Program Fee Other Contracted Services Other Contracted Services Business Unit Police Pool Lessons Water Treatment Plant Teen Work Program\ Teen Work Program\ Police Teen Work Program\ Teen Work Program\ Outdoor Center Public Works Auto Theft Prevention Grant Summer Theatre Park Maintenance Summer Theatre Maintenance Summer Theatre Summer Theatre Heritage Preservation Outdoor Center Teen Work Program\ July 4th Celebration Summer Theatre Reserves Teen Work Program\ Teen Work Program\ Outdoor Center Police Legal Criminal Procecution Police Teen Work Program\ Afternoon Adventure Teen Work Program\ Teen Work Program\ Teen Work Program\ Summer Theatre July 4th Celebration Adaptive Recreation Teen Work Program\ Reserves Summer Skill Development Summer Theatre In Service Training Special Events Administration Camps Outdoor Center Summer Theatre July 4th Celebration July 4th Celebration In Service Training Teen Work Program\ Teen Work Program\ Teen Work Program\ Teen Work Program\ Teen Work Program\ Teen Work Program\ Police Teen Work Program\ Summer Theatre Storm Drainage July 4th Celebration Summer Theatre Teen Work Program\ Preschool Playground Teen Work Program\ July 4th Celebration City of Eden Prairie Council Check Register 7/16/2002 Check # 111416 111417 111418 111419 11 1420 111421 I1 1422 111423 11 1424 11 1425 11 1426 11 1427 111428 111429 111430 111431 11 1432 111433 11 1434 11 1435 11 1436 11 1437 11 1438 11 1439 11 1441 11 1442 111443 11 1444 111445 111446 111447 111448 111449 111450 111451 111452 111453 11 1454 111455 111456 111457 11 1458 111459 111460 111461 111462 111463 111464 111465 111466 111467 111468 111469 11 1470 111471 11 1472 111473 111474 111475 111476 111477 111478 111479 111480 111481 Amount 76 275 100 58 200 44 281 118 217 95 3,233 16 28 33 146 2,007 135 1,763 6,898 948 18,205 160 2,995 11,025 19,170 1,813 4,951 206 134 717 360 506 8,695 616 1,443 7,697 15,841 1,098 2,983 900 897 44,050 59 886 93 451 60 240 27 1 195 200 67 33 40 100 353 24 64 800 180 200 100 600 100 234 Vendor THOMAS, TASIA TRAPP, SUZANNE TREIBER, PAULA VARNER, DREW VILENDER, STEVEN WALLSKOG, SARAH WALMART COMMUNITY WEEDMAN, NICOLE WEST GROUP WHITE, NICOLE WORKMAN, PAM ZIEBOL, DANNY ZIMMER, SAM ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WNE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING WINE COMPANY, THE WORLD CLASS WINES INC 99DOGS.COM ANCHOR PAPER COMPANY DELANO ERICKSON ARCHITECTS EASTBURN, EMILY FLEX COMPENSATION INC GEIS, ROB IDYLL ARBOR INC KREI, MELISSA MAROTTA, VIC MINNESOTA HIGHWAY SAFETY & RES RENAISSANCE 1 DESIGN STUDIO VARGAS, FRED SCOTI, AMY BAILEY, RICHARD BATES, DON BCA CJlS ID UNIT BLANCHARD. KELLIE ANN CREATIVE PROMOTIONAL CONCEPTS DAKOTA COUNTY SHERIFFS DEPT DANIELSON, ROBERT C. DEGIDIO, MARK EDEN PRAlRlE CHAMBER OF COMMER ERICKSON, ROBERT C. GRIFFITHS, BRlANA WORK CONNECTION-BPARK ROBICHONS THE IN-LINE SKATE SC MCGINTY-VANSICKLE, PATTI Account Description Other Contracted SeM-ces Instructor Service Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Recreation Supplies Mileage & Parking Dues & Subscriptions Mileage & Parking Other Contracted Services Program Fee Other Contracted Services Other Contracted Services Misc Non-Taxable Wine Imported Repair & Maint. Supplies Liquor Beer Wine Imported Beer Misc Taxable Wine Domestic Liquor Liquor Tobacco Products Beer Misc Taxable Wine Domestic Misc Non-Taxable Wine Imported Merchandise for Resale Wine Domestic Tobacco Products Wine Domestic Liquor Beer Wine Imported Wine Domestic Clothing & Uniforms Office Supplies Building Travel Expense Other Contracted Services Clothing & Uniforms Operating Supplies Travel Expense Instructor Service Tuition ReimbursemenffSchool Operating Supplies Instructor Service Clothing & Uniforms Tuition ReimbursemenffSchool Program Fee Refunds Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Deposits Other Contracted Services Refunds Miscellaneous Refunds Other Contracted Sew'ces Business Unit Teen Work Program\ Outdoor Center Summer Theatre Teen Work Program\ July 4th Celebration Teen Work Program\ Youth Programs Administration Youth Programs Administration Water Utility - General Therapeutic Recreation Park Maintenance Outdoor Center Teen Work Program\ Teen Work Program\ Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Concessions Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store RoundLakeBeach Police Park Acquisition & Development Police Human Resources Police Therapeutic Recreation Police Spring Skill Development Police Summer Theatre Summer Safety Camp Police Police Preschool Playground Environmental Education Art & Music Finance Preschool Playground July 4th Celebration Escrow July 4th Celebration Environmental Education In Service Training Environmental Education Afternoon Playground City of Eden Prairie Council Check Register 7/16/2002 Check# 111482 111483 111484 11 1485 11 1487 11 1488 11 1489 I1 1490 111491 111492 111493 11 1494 11 1495 111496 11 1497 11 1498 11 1499 111500 111501 111502 111503 111504 111505 11 1506 111507 111508 111509 111510 111511 111512 111513 111514 111515 111516 111517 111518 111519 111520 111521 111522 111523 111524 111525 11 1526 111527 11 1528 111529 111530 111531 111532 111533 111534 111535 111536 111537 111539 111540 111541 111542 111543 111545 111546 111547 I I 1486 111538 Amount 100 200 100 978 1,260 200 1,473 1,800 900 3,394 1,750 1,601 1,395 20,000 580 100 100 100 3,360 66 35 iai 21 a 15 1,828 3,997 46 360 196 167,843 2,132 480 4,735 35 2,899 182 40 655 113 409 642 639 157 376 280 588 595 290 78 220 41 51 165 2,885 3,295 37 1 a2 159 45 2.01 1 92 203 6,892 963 169 Vendor HERMES. ADELLE C. HOLTE. MARY HONN. BRIAN J H LARSON ELECTRICAL COMPANY LACROSSE UNLIMITED MERRY, JEAN METRO SALES INCORPORATED' MINNESOTA DEPT OF HEALTH MINNESOTA GIRLS LACROSSE LLC PARK NICOLLET CLINIC Qwest COMMUNICATIONS RATEIKE, MARILYN JANE RES SPECIALTY PYROTECHNICS INC RICHARD ALAN PRODUCTIONS STROMBERG, STEVEN SCOTT SUTERA, KAREN VERKINDEREN, PEGGY 3RD LAIR INC APPLE VALLEY AQUATIC CENTER CHASKA PAR 30 CINEMA GRILL COLEMAN, NORMA FEDERAL RESERVE BANK OF MINNEA GENUINE PARTS COMPANY J H LARSON ELECTRICAL COMPANY JARVIS, NICK KAUFMAN, ANNETTE MAROTTA, VIC MEDICA CHOICE MlNN CHILD SUPPORT PAYMENT CTR MINNESOTA POLLUTION CONTROL AG PRUDENTIAL INS CO OF AMERICA C RAIN SNOW & SHINE RELIASTAR LIFE INSURANCE CO TELEPHONE ANSWERING CENTER INC A P LAWN INC A TO Z RENTAL CENTER AAA LAMBERTS LANDSCAPE PRODUCT ABSOLUTE RAIN INC. ADAMS PEST CONTROL INC ADWEAR SPECIALITIES INC AIM ELECTRONICS AIR POWER EQUIPMENT CORPORATIO ALFAX WHOLESALE FURNITURE INC. ALTERNATIVE BUSINESS FURNITURE AMERICAN RED CROSS AMERICAN WATER WORKS ASSOCIATI ANDERBERG, CRAIG W. APPARENTLY GRAPHIC LTD. AQUA ENGINEERING INC ARMOR SECURITY INC. ART FARM, THE ASPEN EQUIPMENT CO. AUDIOQUIP INC AUTO ELECTRIC SPECIALISTS AZTECH EMBROIDERY SERVICES BACHMANS CREDIT DEPT BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BENSHOOF &ASSOCIATES INC BIFFS INC BRAUN INTERTEC CORPORATION PErPl CASH-POLICE DEPT SOUTHWEST SUBURBAN PUBLISHING- BRO-TU( INC Account Description Refunds Other Contracted Services Refunds Building Repair & Maint. Instructor Service Refunds Other Rentals Licenses & Taxes Instructor Sem'ce Other Contracted Services Miscellaneous Pager & Cell Phone Other Contracted Services Other Contracted Services Other Contracted Services Other Contracted Services Refunds Refunds Other Contracted Services Special Event Fees Special Event Fees Operating Supplies Deposits Conference Expense Equipment Parts Capital Under $2,000 Other Contracted Services Application Fees Instructor Service Medical Bills Prepaid Garnishment Withheld Licenses & Taxes Life Insurance Employees Special Event Fees Disability Ins Employers Employment Advertising Other Contracted Services Other Contracted Services Other Rentals Landscape MaterialslSupp Equipment Repair & Maint Other Contracted Services Canine Supplies Equipment Repair & Maint Repair & Maint. Supplies Capital Under $2,000 Capital Under $2,000 Other Contracted Services Training Supplies Other Contracted Services Operating Supplies Operating Supplies Other Contracted Services Other Contracted Services Machinery & Equipment Video & Photo Supplies Equipment Repair & Maint Clothing & Uniforms Landscape MaterialslSupp Tires Repair & Maint Supplies Deposits Waste Disposal Improvements to Land Operating Supplies Business Unit Environmental Education Accessibility Environmental Education City Center Operations Athletics Environmental Education General Water Utility - General Athletics Risk Management Liquor Compliance Police Art & Music July 4th Celebration Summer Safety Camp July 4th Celebration Environmental Education Environmental Education Camps Teen Work Program\ Summer Skill Development Leisure Time Escrow In Service Training Fleet Services Park Acquisition & Development Teen Work Program\ General Fund Summer Skill Development General Fund General Fund Water Well #7 General Fund Summer Skill Development General Fund Human Resources Water Treatment Plant Fire Station #I Water Treatment Plant Water System Maintenance Fire Station #3 Water Treatment Plant Police Ice Arena Fire Water Treatment Plant Furniture Pool Lessons Water Utility - General Softball Fire Street Maintenance Outdoor Center Recycle Rebate Public Works Human Resources Fleet Services Community Center Admin Water Treatment Plant Fleet Services Ice Arena Escrow Park Maintenance Park Acquisition & Development Fleet Services City of Eden Prairie Council Check Register 7116/2002 Check# 111548 111549 111550 111551 111552 111553 111554 111555 111556 111557 111558 111559 111560 111561 111562 111563 111564 111565 111566 111567 111568 111569 111570 111571 111572 111573 111574 111575 111576 111577 111578 111580 111581 111582 111583 111584 111585 111586 111587 111588 111589 11 1590 111591 111592 111593 111594 11 1595 111596 111597 111598 111599 111600 111601 111602 111603 I1 1604 111605 111606 111607 I1 1608 111609 111610 111611 111612 111613 Amount 10,311 780 2,395 516 127 38 2.596 943 3,325 496 11,232 11,025 407 99 498 453 268 906 1,964 30 394 138 8,304 275 605 230 680 180 509 895 113,671 625 83 2,291 102 43,098 288 3,903 1,010 296 50 68,880 351 65 400 212 50 385 3,938 322 505 6,800 12,817 190 3,733 1,825 34,204 2,438 350 340 540 524 338 657 594 Vendor BROCK WHITE CO BROWN, PAUL BUCK, NATHAN C & H DISTRIBUTORS INC. CARLSON TRACTOR AND EQUIPMENT CATCO CLUTCH &TRANSMISSION SE CEMSTONE CENTRAIRE INC CHAD NESTOR &ASSOCIATES CHANHASSEN BUMPER TO BUMPER CLAREYS INC CLOSED CIRCUIT SPECIALISTS INC COMPREHENSIVE LOSS MANAGEMENT CONCRETE CUTTING &CORING INC CONNEY SAFETY PRODUCTS CONSTRUCTION MATERIALS INC COPY EQUIPMENT INC CORPORATE EXPRESS CREATIVE MARKETING CONSULTING CROWN MARKING INC CRYSTEEL TRUCK EQUIPMENT INC CUB FOODS EDEN PRAIRIE CYGNUS EXPOSITIONS DAHLGREN SHARDLOW AND UBAN DALE GREEN COMPANY, THE DECORATIVE DESIGNS INC DEPT OF LABOR & INDUSTRY DIRECT SAFETY CO DISPLAY SALES DMJ CORPORATION DRlSKlLLS NEW MARKET EARL C. BENSON & ASSC EARL F ANDERSEN INC EDEN PRAIRIE CHAMBER OF COMMER EF JOHNSON ELVIN SAFETY SUPPLY INC EMERGENCY APPARATUS MAINTENANC ESS BROTHERS &SONS INC* EULL'S MANUFACTURING CO INC F.A.R.A. F.F. JEDLlCKl INC FACILITY SYSTEMS INC FERRELLGAS FORDAHL, TAMARA GEBO, ROBERT L. GRAFIX SHOPPE GREEN LIGHTS RECYCLING INC GREG LARSON SPORTS GUNNAR ELECTRIC CO INC HAMLINE UNIVERSITY GRADUATE SC HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HAWKINS WATER TREATMENT GROUP HEIMAN FIRE EQUIPMENT INC HENNEPIN COUNTY TREASURER HENNEPIN TECHNICAL COLLEGE HENNEPIN TECHNICAL COLLEGE HENRY, PAUL HIGLEY, STEVE HlRSHFlELDS PAINT MANUFACTURIN HUMAN SERVICES - EMSOCS HYDROLOGIC ICERINK SUPPLY CO CUTLER-MAGNER COMPANY G & K SERVICES-MPLS INDUSTRIAL Account Description Seal Coating Other Contracted Senices Other Contracted Services Cleaning Supplies Equipment Parts Equipment Parts Repair & Maint. Supplies Equipment Repair & Maint Other Contracted Services Equipment Parts Other Assets Other Assets Training Supplies Operating Supplies Cleaning Supplies Repair & Maint. Supplies Operating Supplies Office Supplies Advertising Operating Supplies Capital Under $2,000 Operating Supplies Chemicals Tuition Reimbursement/School Other Contracted Services Landscape MaterialslSupp Other Contracted Services Licenses & Taxes Clothing & Uniforms Operating Supplies Improvements to Land Operating Supplies Clothing & Uniforms Signs Miscellaneous Capital Under $2,000 Operating Supplies Equipment Repair & Maint Repair & Maint. Supplies Repair & Maint. Supplies Dues & Subscriptions Improvement Contracts Other Contracted Services Motor Fuels Other Contracted Services Olher Contracted Services Other Contracted Services Capital Under $2,000 Other Contracted Services Recreation Supplies Repair & Maint. Supplies Other Contracted Services Improvements to Land Building Repair & Maint. Chemicals Small Tools Machinery & Equipment Tuition ReimbursemenUSchool Other Rentals Other Contracted Services Other Contracted Services Operating Supplies Other Contracted Services Repair & Maint Supplies Equipment Repair & Maint Business Unit Street Maintenance Park Facilities Volleyball Water Treatment Plant Fleet Services Fleet Services Sewer System Maintenance Fire Station #5 Communication Services Fleet Services Water Treatment Plant Water Treatment Plant Water Treatment Plant Street Maintenance Water Treatment Plant Storm Drainage Park Maintenance General Prairie Village Liquor Store Police Fleet Services Fire Water Treatment Plant Fire Guide Plan Street Maintenance City Center Operations Water Treatment Plant Water Treatment Plant General Facilities Park Acquisition & Development Preschool Events Art & Music Traffic Signs In Service Training Wireless Communication Ice Arena Fire Water System Maintenance Storm Drainage Police Charlson Area Construction Furniture Ice Arena Volleyball Park Maintenance Volleyball Fleet Services Recycle Rebate Summer Skill Development Park Maintenance Recycle Rebate Park Acquisition & Development Park Maintenance Water Treatment Plant Fire Improvement Projects 1996 Fire Recycle Rebate Soflball Softball Park Maintenance Park Maintenance Park Maintenance Ice Arena City of Eden Prairie Council Check Register 7/16/2002 Check # 111614 111615 111616 111617 111618 111619 111620 111621 111622 111623 111624 111625 111626 111627 111628 111629 111630 111631 111632 111633 111634 111635 111636 111637 111638 111639 111640 111641 111643 111644 111645 111646 111647 111648 111649 111650 111651 111652 111653 111654 111655 111656 111657 111658 111659 111660 111661 111662 111663 111664 111665 111666 111667 111668 111669 111670 111671 111672 111673 111674 111675 111676 111677 111678 111679 Amount 3,656 69 95 1,286 2,525 117,596 2,541 1,329 75 2,483 2,400 62,490 531 623 688 6,350 975 981 1,012 960 595 160 2,093 48 20,000 82 31 9 461 679 6,878 5.114 214 58 1,045 1,592 29,846 114 6,945 192 1,051 507 116 73 14,560 786 455 502 400 336 740 319 308 299 36 282 314 42,800 56 587 280 88 1,599 339 1.936 4 28 Vendor IC1 DULUX PAINT CTRS IDEAART IN THE LINE OF DUTY INC IND SCHOOL DlST 272 INGRAHAM & ASSOC INGRAM EXCAVATING INC INNOVATIVE GRAPHICS ITRON INC. J H LARSON ELECTRICAL COMPANY JANEX INC KERN DEWENTER VIERE LTD. KEVITT EXCAVATING INC KINKO'S KRAEMERS HARDWARE INC LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKE RESTORATION INC LAKELAND FORD TRUCK SALES LAN0 EQUIPMENT INC LEEDS PRECISION INSTRUMENTS LEON DUDA PLUMBING LESCO INC LIFE SAFETY SYSTEMS LIONS TAP LITTLE TIKES COMMERCIAL PLAYS LTD COMMODITIES LUBRICATION TECHNOLOGIES INC MAPCO SAND &GRAVEL CO MENARDS METRO CONCRETE RAISING INC METRO FIRE METROPOLITAN FORD MICHAEL LYNNE'S TENNIS SHOP MICHAEL WlLKUS JEFFREY RAPP AR MIDWEST ASPHALT CORPORATION MINGER CONSTRUCTION INC MINNESOTA CONWAY MINNESOTA PIPE AND EQUIPMENT* MINNESOTA ROADWAYS CO MINNESOTA TROPHIES & GIFTS MINNESOTA VALLEY WHOLESALE MINNESOTAVIKINGS FOOD SERVICE MINNESOTA WANNER COMPANY MN MAINTENANCE EQUIPMENT INC MTI DISTRIBUTING INC MUELLER SALES MUNlClLlTE MURRAY, JOHN NATIONWIDE ADVERTISING SERVICE NEUMANN, NEAL NORTHERN TOOL & EQUIPMENT CO. OS1 BATTERIES INC PAPER WAREHOUSE PARK SUPPLY INC PEOPLES ELECTRICAL COMMUNICATI PICHA GREENHOUSE PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRECISION TURF & CHEMICAL INC PRIORITY COURIER EXPERTS PRORIDER INC QUALIN FLOW SYSTEMS INC R E FRITZ INC RAlNBOW FOODS INC. Account Description Building Repair & Maint Operating Supplies Training Supplies Gym Rental Improvements to Land Improvement Contracts Clothing & Uniforms Software Building Repair & Maint. Cleaning Supplies Audit & Financial Other Contracted Services Printing Repair & Maint. Supplies Capital Under $2,000 Building Repair & Maint. Other Contracted Services Equipment Repair & Maint Other Rentals Capital Under $2,000 Other Contracted Services Landscape MaterialslSupp Equipment Repair & Maint Operating Supplies Other Assets Operating Supplies Lubricants &Additives Gravel Operating Supplies Seal Coating Protective Clothing Equipment Parts Recreation Supplies Other Contracted Services Patching Asphalt Improvement Contracts Repair & Maint. Supplies Repair & Maint. Supplies Patching Asphalt Operating Supplies Landscape MaterialslSupp Miscellaneous Operating Supplies Machinery & Equipment Equipment Parts Equipment Parts Capital Under $2,000 Other Contracted Services Employment Advertising Other Contracted Services Capital Under $2,000 Operating Supplies Operating Supplies Equipment Repair & Maint Equipment Repair & Maint Landscape MaterialslSupp Machinery & Equipment Equipment Repair & Maint Printing Chemicals Equipment Repair & Maint Recreation Supplies Other Contracted Services Operating Supplies Operating Supplies Business Unit Water Treatment Plant Senior Center Administration Police Volleyball Park Acquisition & Development Charlson Area Construction Tennis Water Meter Reading Cify Center Operations General Facilities Sewer Accounting Capital Impr. I Maint. Fund Youth Programs Administration Water Treatment Plant Water Meter Repair Water Treatment Plant Park Maintenance Fleet Services Street Maintenance Environmental Education Water Meter Repair Water System Maintenance Public WorkslParks Fire Capital Impr. I Maint. Fund July 4th Celebration Fleet Services Storm Drainage Park Maintenance Street Maintenance Fire Fleet Services Tennis Police City Center Street Maintenance Improvement Projects 1996 Fire Water System Maintenance Street Maintenance Fire Water System Maintenance General Facilities Street Maintenance Capital Outlay Parks Fleet Services Water Treatment Plant Fleet Services Softball Human Resources Softball Fleet Services Fire Youth Programs Administration Maintenance Telephone Park Maintenance Water Treatment Plant Park Maintenance Community Center Admin Park Maintenance Fleet Services Summer Safety Camp Sewer Liftstation Fire Senior Center Program City of Eden Prairie Council Check Register 711 612002 Check# 111680 111681 111682 111683 111684 111685 111686 111687 111688 111689 111690 111691 111692 111693 111694 111695 111696 111697 111698 111699 111700 111701 11 1702 111703 111704 111705 111706 111707 111708 111709 111710 111711 111712 111713 111714 111715 111716 111717 111718 111719 11 1720 111721 111722 111723 111724 111725 111726 111727 111728 111729 111730 Amount 110 71 570 32 425 47 23,383 344 100 2,160 723 32 96 1,066 7,464 304 427 416 347 6,909 250 985 1,111 26 535 2,394 292 14,917 89 136 506 20 200 389 3,830 2,235 11,174 828 206 3,141 880 514 592 152 47 67 85 352 1,160 700 109 2,468,329 Vendor RAINBOW RACING SYSTEM INC RAY ALLEN MANUFACTURING CO INC RAY, LEE RESERVE OFFICER TRAINING ASSOC RIGID HITCH INCORPORATED RITZ CAMERA RMR SERVICES INC SALLY DISTRIBUTORS SCRAP METAL PROCESSORS INC SL-SERCO SNAP-ON TOOLS SNYDER SOUTHWEST LOCK & KEY SPORTS WORLD USA INC SRF CONSULTING GROUP INC STANDARD REGISTER STEMPF AUTOMOTIVE INDUSTRIES I STREICHERS SUBURBAN CHEVROLET GEO SUMMIT ENVIROSOLUTIONS SWEDLUNDS SYSTEM CONTROL SERVICES TASK FORCE TIPS INC TESSCO TESSMAN SEED CO THYSSENKRUPPELEVATOR TOTAL CONSTRUCTION & EQUIPMENT TOWN AND COUNTRY DODGE TRUGREEN CHEMIAWN MTKA TWIN CITY FILTER SERVICE INC UNIFORMS UNLIMITED UNITED IABORATORIES UNITED RENTALS UNITED RENTALS HIGHWAY TECHNOL UNITED RENTALS HIGHWAY TECHNOL UNLIMITED SUPPLIES INC US FILTERNVATERPRO VERNCO MAINTENANCE INC W W GRAINGER WAHLS ENTERPRISES WATER SPECIALITY OF MN INC WATSON CO INC, THE WEST WELD WM MUELLER AND SONS INC WORM, SANDY ZEE MEDICAL SERVICE ZEP MANUFACTURING CO ZIEBART OF MINNESOTA INC ZOELLNER, MARK Grand Total THERMA-STOR PRODUCTS TRI-CITYIWILLIAM LLOYD ANALYTI Account Description Operating Supplies Canine Supplies Other Contracted Services Tuition ReimbursemenffSchool Equipment Parts Video & Photo Supplies Other Contracted Services Recreation Supplies Waste Disposal Other Contracted Services Small Tools Recreation Supplies Building Repair & Maint. Clothing & Uniforms Design & Engineering Operating Supplies Equipment Parts Clothing & Uniforms Equipment Parts Design & Engineering Waste Disposal Other Contracted Services Repair & Maint. Supplies Operating Supplies Chemicals Machinery & Equipment Building Repair & Maint. Improvement Contracts Equipment Parts Other Contracted Services Other Contracted Services Building Repair & Maint. Clothing & Uniforms Cleaning Supplies Capital Under $2,000 Other Contracted Services Contracted Striping Repair & Maint. Supplies Repair & Maint. Supplies Other Contracted Services Cleaning Supplies Equipment Repair & Maint Chemicals Operating Supplies Equipment Parts Landscape MaterialslSupp Landscape MaterialslSupp Safety Supplies Lubricants & Additives Capital Under $2,000 Other Contracted Services Business Unit Pool Special Events Police Softball Reserves Fleet Services Police Water Meter Repair Oak Point Lessons Fleet Services Sewer Utility - General Fleet Services Youth Programs Administration Ice Arena July 4th Celebration Improvement Projects 1996 Finance Fleet Services Police Fleet Services Utility Improvement Fund Outdoor Center Water Treatment Plant Fire Wireless Communication Park Maintenance Water Treatment Plant Maintenance Utility Improvement Fund Fleet Services Park Maintenance Water Treatment Plant Water Treatment Plant Fire Water Treatment Plant Water Meter Repair Water System Maintenance Traffic Signs Water System Maintenance Water System Maintenance Water Treatment Plant Water System Maintenance Park Maintenance Pool Maintenance July 4th Celebration Fleet Services Miller Park Street Maintenance Riley Lake Beach Fleet Services Fleet Services Softball II I ll CTTY COUNCIL AGENDA ll SECTION: Reports of Councilmembers ll DATE:. July 16,2002 SERYICE AREA: City Council I ITEM DESCRIPTION: I ITEMNO. I Southwest Corridor Rail Transit Study Policy 1 m, A.I. I I Advisory Committee Requested Action: Move to: Appoint Bruce Moyer as member of the Southwest Corridor Rail Transit Study Policy Advisory Committee and Lynn Hempe as the alternate member. Synopsis: The City of Eden Prairie, through Mayor Nancy-Tyra Lukens, has received an invitation fkom HCRRA (Hennepin County Regional Railroad Authority) to appoint members to an advisory committee for the Southwest Corridor Rail Transit Study. Mayor Tyra-Lukens is recommending appointment of Bruce Moyer as member of the Southwest Corridor Rail Transit Study Policy Advisory Committee and Lynn Hempe as the alternate member. 73 CITY COUNCIL AGENDA SECTION: Reports of the City Attorney SERVICE AREA: City Attorney // DATE: July 16,2002 ITEM DESCRIPTION: ITEM NO. Settlement Agreement for Special Assessment m* tl, 1. Appeal of MAC Synopsis: City Attorney Ric Rosow will discuss the settlement agreement for the special assessment appeal of .the Metropolitan Aqorts Commission. SETTLEMENT AGREEMENT RE: MAC v. Eden Prairie/Assessment Appeal, Hennepin Countv District Court File No. AP 00 11236; MAC v. Charlson/Condemnation Case, Court File No. CD 2588; Settlement Agreement This is a Settlement Agreement by and between the Metropolitan Au-ports Commission (hereinafter referred to as MAC), the City of Eden Prairie (hereinafter referred to as City), and Lynn Charlson (hereinafter referred to as Charlson) and consented and agreed to by Pemtom Land Company (hereinafter referred to as The Pemtom Land Company) summarizing the terms and conditions of the settlement of both the pending assessment appeal (MAC v. Eden Prairie/Assessment Appeal, Hennepin Countv District Court File No. AP 00 11236) and the condemnation appeal (MAC v. CharlsodCondemnation Case, Court File No. CD 2588); which Agreement is to be presented for approval by the MAC, Charlson and the City of Eden Prairie as follows: by the MAC at its meeting on July 15,2002, the Eden Prairie City Council at its meeting on July 16,2002 and Charlson upon receipt of the final Agreement. (Charlson and Pemtom are sometimes referred to herein as Charlsoflemtom.) 1. The MAC will pay to Charlson $20,000,000 to settle both cases (which includes payments to Charlson of all interest, less the $16,500,000 in payments that have already been made to Charlson by the MAC), Upon execution of this Settlement Agreement, MAC will grant Pemtom the gradingklope easement requested for Site A to eliminate Pemtom's need for a retaining wall and pay the balance of the settlement amount within 30 days of the approval of this Agreement by the MAC. The area of the grading easement is approximately 2.88 acres and is more fully described in a drawing prepared by Westwood Professional Services dated February 26,2002. In addition, MAC will grant Charlson an additional gradinglslope easement immediately east of Charlson Lot 7, as more fully described in paragraph 7 below. All grading plans for grading on MAC properties will be subject to the approval of MAC (including ongoing slope stabilization and restoration of the graded areas), which approval will not be unreasonably withheld. 0 In addition, the MAC will grant Charlson or its assignee, Pemtom, an option to purchase the remnant of its property immediately south of the North Pond easement , more fully described in paragraph 8 below at a price to be established by multiplying the number of square feet in the remnant times $2.87 per square foot, the use of said remnant to be subject to any applicable FAA regulations and appliable provisions of the City's ordinances. 2. This paragraph is intentionally left blank. 3. Charlson Road to be realigned to remove the Road from the MAC property except westerly of Match Point A as shown on the attached Exhibit 1 to its intersection with Spring Road, the final alignment to be mutually agreed upon between MAC, CharlsonPemtom and the City, and to the extent necessary, Hennepin County, which approvals will not be unnecessarily 142651 lv3 withheld by the approving party, including the MAC. To the extent feasible the realigned road right-of-way north boundary will be co-incidental with the MAC southerly property line to avoid an ownership gap between Charlson Road and the MAC property. 4. MAC will grant to the City permanent easements over property either acquired by the MAC from Charlson or previously acquired by the MAC from third parties to permit the construction of Charlson Road, Eden Prairie Road and realignment of Spring Road over the MAC properties; the granting of such easements to include necessary temporary construction easements for the construction of the improvements, all as is shown on Exhibit 1. 5. The City will waive any current or future assessments for the proposed Charlson Area Improvements (hereinafter referred to as CAI improvements) described in the Eden Prairie Charlson Area Improvements Feasibility Study/Street and Utility Improvements (hereinafter referred to as CAI Feasibility Study), revised to June 12,2000, against MAC properties acquired by the MAC from Charlson, Raguet, and MNDOT, (excepting, however, any assessments that have been levied pursuant to Resolution 2000-125 adopted by the City Council July 18,2000 and subsequently collected on November 8,2000), including all special assessments for public improvements, including trunk charges, excepting for provisions for the collection of trunk sewer and water assessments for current and proposed buildings on airport property being currently negotiated under the terms of the Memorandum of Understanding (MOU) concerning cooperative solutions between the City and the MAC regarding Flying Cloud Airport. 6. City will grant MAC a "curb cut" on Charlson Road in a manner to permit access from the Southwest corner of the south hangar area to Charlson Road in a location to be mutually agreed upon between MAC and the City. 7. Charlson will execute a permanent easement to the MAC for approximately 3.5 acres for the development of a stonnwater pond overlapping the common line between the MAC property and proposed Office Lot No. 7 of the Hennepin Village Development Project as is more fully described in a preliminary drawing prepared by Westwood Professional Services for Pemtom Land Company dated 11/14/01. MAC will complete any construction necessary and acquire the permits to utilize this pond area for airport drainage. If the pond permit(s) require that an outlet be constructed for this pond, MAC will construct the outlet structure and install a stub storm sewer pipe. Charlsoflemtom will not allow any drainage from the existing or future developed Lot No. 7, or any other Charlsoflemtom parcel, to drain into this pond. CharlsodPemtom will have no obligation for the construction, maintenance, or enlargement of the Pond. CharlsodPemtom will be required, however, to connect to the pond outlet structure and take overflow drainage from the pond to the storm sewer water system within the overall industrial, commercial, andor residential development southwest of the airport. If the pond permits require an outlet, CharlsodPemtom will be responsible for costs associated with connecting to the outlet and necessary piping from the outlet. Charlsoflemtom will also be responsible to protect the in- place structures and pond during construction of their connection and restore the areas within the easement with turf establishment. 1426511~3 2 MAC will also grant to CharlsodPemtom a permanent gradinglslope easement on MAC property east of Lot No. 7 of an area approximately 0.36 acres in size, as shown in the Hennepin Village Easement Sketch dated June 10,2002." 8. North Pond Area. The MAC will provide a permanent easement for ponding purposes to the City in a location south of Charlson Road and east of Spring Road as generally depicted on Exhibit 1. The location and exact size of the pond will be subject to final design considerations. It is understood that MAC will utilize the ponding area proposed on Office Lot 7 (referred to in paragraph 7 above), for all stormwater that can be directed by gravity fiom the south hangar expansion area. It is not intended that MAC will "pump" stormwater to reduce the North Pond size and that the anticipated needs by MAC for the North Pond site is approximately 1 acre foot.) The cost for utilizing the pond by MAC is limited to the cost of materials and labor to install stormwater piping to the facility. The City will be responsible for construction, maintenance, permitting and providing outfall piping. The MAC will grant an option to Charlson or its assignee, Pemtom, to purchase the remnant of its property immediately south of the North Pond easement as is more fully stated in Paragraph 1 above. 9. The MAC will not be obligated for any further costs for the CAI except as may be provided in this Agreement and except for assessments on the former Hustad owned parcels as to which no party waives any rights they may have. 10. The construction of the Charlson Area Improvements will be done in accordance with generally accepted environmental and engineering standards to minimize the impact on MAC property. 1 1. Charlson shall refbnd to MAC any deferred Green Acre/Open Spaces taxes regarding the parcel acquired by the MAC fiom Charlson which MAC has paid. In addition, MAC will refund to Charlson any real estate taxes paid by Charlson which were the obligation of the MAC. 12. Amroval. This Settlement Agreement is subject to approval of the Board of Commissioners of the Metropolitan Airports Commission, the City Council of Eden Prairie and to the extent necessary, Hennepin County for the connection of Charlson Road with existing Spring Road, which is Hennepin County Highway No. 4. Further, the granting of permanent easements, such as roads and ponding areas requires FAA approval. To meet the FAA requirements and the time lines of the parties, the MAC'S authority is limited to the granting of three-year access permits and leases to the City and Charlson to construct the improvements described above, including, but not limited to Charlson Road, ponding area on Office Lot 7, North Pond easement and option to purchase and such other permanent easements as may be agreed upon. Upon execution of this Settlement Agreement, the MAC will immediately initiate the process to obtain FAA approval for the granting of permanent easements and the MAC will utilize its best efforts to obtain such FAA approval at the earliest possible date. 13. Memorandum of Understanding. Matters not included in this Settlement Agreement are the subject of ongoing discussions between the City and the MAC and will be incorporated into a Memorandum of Understanding (MOW that is addressing matters pending between the City and the MAC that do not impact on the pending litigation between the MAC, 1426511~3 3 n City and Charlson. This Agreement is not contingent upon the City and MAC reaching agreement in the MOU. 14. The parties understand that this Settlement Agreement will be submitted to Hennepin County District Court in both the condemnation case and the assessment appeal as a stipulation between Charlson, the MAC and the City, consented to by Pemtom. Following the filing of this Settlement Agreement in both cases and the Court's approval of disbursement of the $327,000, with accrued interest, now held by the Court Administrator for the payment of deferred Green Acres taxes, both pending actions shall be dismissed with prejudice, subject to the continuing jurisdiction of the Court to implement said Settlement Agreement. 15. The parties hereto further agree to take such formal action and to execute and deliver such additional documents as may be reasonably necessary and required to carry out the intent and purposes of the Settlement Agreement, including but not limited to the Index of Documents attached as Exhibit 2. It is agreed that all of the easements contemplated in this Settlement Agreement are intended to run with the land for which they are a benefit, and that the rights and obligations of the parties hereto shall inure to the benefit of and be an obligation of the parties hereto and their respective heirs, transferees and assigns. Dated: July -, 2002 METROPOLITAN AIRPORTS COMMISSION Its STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this - day of public corporation, on behalf of said corporation. ,2002, by , the , of Metropolitan Airports Commission, a Notary Public [ S ea11 1426511~3 4 LYNNCHARLSON STATE OF MINNESOTA ) COUNTY OF HESINEPIN ) ) ss. The foregoing instrument was acknowledged before me this - day of Lynn Charlson. ,2002, by Notary Public [Seal] [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 1426511~3 5 79 CITY OF EDEN PRAIRIE BY Its Its STATE OF MINNESOTA ) COUNTY OF HEWPIN ) ) ss. The foregoing instrument was acknowledged before me this - day of ,2002, by Nancy Tyra-Lukens, the Mayor, and Scott Neal, the City Manager, of the City of Eden Prairie, a municipal corporation, on behalf of said City. Notary Public [Seal] [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 1426511~3 6 Consented and Agreed to: By THE PEMTOM LAND COMPANY Its STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this - day of , 2002, by ,the , of The Pemtom Land Company, a Minnesota corporation, on behalf of said corporation. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 1426511~3 7 EXHIBIT 1 (INSERT MAP HERE) 1426.511~3 8 r' GFWCE CHURCH ,]i RMSED BY EDD4 PRAlRlE 7/2/02 LEGENO INDIWS PRO?OSED ROXXiAY R/W AREA (173.533.43 S0.E.. 3.93 ACRES) (232.e57.64 59. ,%, 555 ACRES) INDICA' PROPOSED P3NWAY R/W AREA VACATION a iNaitxrs PRawsw ROADWAY R/W AREA 95 ACRES) Ta .CUI. -' il (5*680 SO. FT.. 1.- --- - INDICATES TEMWFURI CONSTRUCnON E4SMENl - _. INDICATES POND EASDAENr DATE, 5-10-01 - - 1 EXHIBIT 2 TO SETTLEMENT AGREEMENT BETWEEN METROPOLITAN AIRPORTS COMMISSION, LYNN CHARLSON ET AL AND CITY OF EDEN PRAIRIE INDEX OF ANTICIPATED DOCUMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. GradindSlope Easement to be granted by MAC to Charlsoflemtom north of Site A, including approximately 2.88 acres as more fully described in Westwood Professional Services drawing dated February 26,2002. (To be prepared by Charlsoflemtom.) Grading/Slope easement to be granted by the MAC to CharlsonPemtom for the grading of MAC property east of proposed Office Lot. No. 7, all as is more fully described in Hennepin Village Easement Sketch dated June 10,2002. (To be prepared by Charlsoflemtom.) Permanent easements and temporary construction easements to be granted by the MAC to the City of Eden Prairie for the construction of Charlson Road over MAC properties. (To be prepared by City.) Permanent easement fkom Charlson to MAC for approximately 3.5 acres for the development of storm water pond overlapping the common line between the MAC property and proposed Office Lot No. 7 of the Hennepin Village Development as described in a preliminary drawing prepared by Westwood Professional Services for Pemtom dated November 14,2001, (To be prepared by MAC.) A permanent easement granted by MAC to the City of Eden Prairie on MAC property for ponding purposes to the City south and west of the intersection of Charlson Road and Spring Road, site to be determined by the parties. (To be prepared by the City.) Stipulation for Dismissal with Prejudice of Metropolitan Airports Commission v. Eden Prairie (assessment appeal), in which Lynn Charlson et a1 is an intervenor. (To be prepared by MAC.) Stipulation of Dismissal with Prejudice in the matter of Metropolitan mort Commission v. Charlson (condemnation appeal). (To be prepared by MAC.) Covenant for easement fiom MAC to City for easements described in Settlement Agreement. (Prepared by City.) Such other documents as may be reasonably required to comply with the agreement of settlement. 1426511~3 9