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HomeMy WebLinkAboutCity Council - 11/12/2002 • AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,NOVEMBER 12,2002 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Public Safety Director Jim Clark,Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. CIP IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. MURSHAD BARAT VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,NOVEMBER 12,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra- Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY COUNCIL STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 AMENDING THE TAX INCREMENT FINANCING DISTRICT NO. 17 FOR THE COLONY SENIOR PROJECT III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 12,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD OCTOBER 15,2002 (1) B. CITY COUNCIL MEETING HELD OCTOBER 15,2002 (6) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (17) B. SOUTHWEST STATION by North American Properties of Minnesota. 2nd Reading for Planned Unit Development District Review with waivers on 15.55 acres, Zoning District Change from Rural to Commercial Regional Service on 6.66 acres, and from Rural to RM-2.5 on 8.89 acres, and Site Plan Review on 15.55 acres. Location: North of Technology Drive, south of T.H. 312 and west of Prairie Center Drive. (Ordinance for PUD District Review,Zoning District Change, and Resolution for Site Plan Review) (18) C. ADOPT THE RESOLUTION APPROVING THE FINAL PLAT OF THE VINTAGE (54) D. ADOPT THE RESOLUTION APPROVING THE FINAL PLAT OF SOUTHWEST STATION 2N0 ADDITION (56) E. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.71,RELATING TO MAINTENANCE OF VEGETATION (60) CITY COUNCIL AGENDA November 12,2002 Page 2 F. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32, RELATING TO ORGANIZATIONAL RESTRUCTURING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE (63) G. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.42 RELATING TO SMOKE- FREE ENVIRONMENTS (68) H. ANIMAL IMPOUND SERVICES AGREEMENT WITH THE CITY OF BLOOMINGTON (74) I. APPROVE CHANGE ORDER NO. 1 FOR MITCHELL ROAD STORM SEWER IMPROVEMENTS (82) J. ADOPT RESOLUTION REQUESTING MN/DOT TO PROVIDE FUNDING THROUGH THE FY 2004 MUNICIPAL AGREEMENT PROGRAM FOR THE TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS,I.C. 01-5527 (Resolution) (84) K. APPROVE RESOLUTION REQUESTING MN/DOT TO PROVIDE FUNDING THROUGH FY 2004 MUNICIPAL AGREEMENT PROGRAM FOR THE EDEN PRAIRIE TRAFFIC SIGNAL COORDINATION TIMING PROJECT, I.C. 02-5584(Resolution) (90) L. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH PETERSON ENVIRONMENTAL CONSULTING,INC.,FOR CONSTRUCTION OBSERVATION SERVICES FOR THE GLENSHIRE ADDITION AND WATER TREATMENT PLANT WETLAND MITIGATION PROJECTS,I.C. 98-5467/02-5572 (100) M. CANVASS OF THE NOVEMBER 12,2002,MUNICIPAL ELECTION(108) VII. PUBLIC HEARINGS /MEETINGS A. RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 AMENDING THE TAX INCREMENT FINANCING DISTRICT NO. 17 FOR THE COLONY SENIOR PROJECT (111) VIII. PAYMENT OF CLAIMS (131) IX. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF AN ORDINANCE PURSUANT TO AUTHORITY GRANTED BY M.S. 4 469.174,SUBDIVISION 11,DEFINING THE TERMS "PERSONS OR FAMILIES OF. ..MODERATE INCOME"AS THOSE TERMS USED IN SUBDIVISION 11 DEFINING"HOUSING DISTRICTS" (142) CITY COUNCIL AGENDA November 12,2002 Page 3 X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 15,2002 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Public Safety Director Jim Clark,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:35 p.m. She reminded everyone that the next Council meeting, which would normally be held November 5 (election day),has been moved to November 12. II. APPROVAL OF AGENDA III. SECOND HAND-SMOKE Tyra-Lukens said the second hand smoking ordinance for city-owned properties would be discussed, as well as formation of a task force. City Manager Scott Neal referenced his memorandum to Councilmembers dated October 11,2002. The memorandum outlines ideas for establishing an indoor air quality task force,which Neal drafted to be used as a starting point for the Workshop discussion. The task force would prepare and present to the Council a list of recommendations and initiatives to help improve indoor air quality. The task force would consist of two types of members: voting members and ex officio members. The City Manager's Office would provide administrative support. The task force would address the following areas: information and education,legislative, and political. The task force would make a final report to the Council in December 2003. Tyra-Lukens said it seemed too long to wait until December of 2003 for a report. Neal said the long time frame was based mainly on the large size of the proposed group (from 7 to 15 members). Councilmember Mosman suggested having the task force prepare a mid-year progress report. Councilmember Case said he envisions this as an action task force and not a study task force. He would like to see some things actually happening by after the first or second meeting. Councilmember Luse said he has been sensing"some groundswell for an idea that is a little bit out of the box." He said the Council has heard a great deal of input on the smoking issue, and some people have gotten together and come up with an idea that could bring good out of the bad. Luse said that as part of his business in Sioux Falls,he has become aware of a program called"Forward Sioux Falls." Forward Sioux Falls is a nonprofit organization of individuals,businesses, schools, and city officials. The organization works to promote Sioux Falls as a great place to live and work. Luse said he envisions a"Forward Eden Prairie"that would celebrate Eden Prairie for all the great things it is. Luse said the smoke-free initiative could also be addressed by this group. Luse said he believes this group could raise a million dollars by promoting the mission of celebrating this town. The group would be empowered to make recommendations on second hand smoke,but would not be a"smoke-free"task force,per se. Luse said the atmosphere is Sioux Falls is noticeably different than in Eden Prairie. He said it"feels like a pro-business,pro-people town." Case asked if Luse was suggesting that"Forward Eden Prairie"would replace a proposed smoke-free task force. Case said he likes the"Forward Eden Prairie"idea but does not think it should replace a task force with a specific mission to improve indoor air quality. Mayor Tyra-Lukens said some of the information and education portions of promoting a smoke-free Eden Prairie could be taken on by a group like"Forward Eden Prairie." Case said the objective stated in Neal's memorandum could be stronger. He would like to see some immediate results on gaining voluntary compliance from businesses. Councilmember Butcher said it sounds as if each of the Councilmembers has a slightly different vision for the task force. She said if they can agree on goals for the task force, that will define the work. She said it will be important to determine what they want as an outcome. She asked if there is anyone on staff who is trained in consensus building. Luse said he still thinks "Forward Eden Prairie"could be the vehicle to approach this work. Case said that while he is excited about Luse's idea,he feels the City needs a strategically directed group for the specific purpose of reducing environmental tobacco smoke exposure,but perhaps Luse's group could be spawned from that. Councilmember Mosman said that the task force and Forward Eden Prairie may have some of the same members. Case said he agreed with Butcher's idea of using a consensus builder to facilitate the task force. He stressed that the task force is not meant to be a forum for debate,but rather a way of determining what they can do through cooperation. Neal said his vision of the task force is that they would report to the Council with a list of recommendations,but that they Council can choose to give the group a more detailed charter. Luse said he feels that the City is "wounded on some fronts," and that the current perception is that of"business versus the City." Forward Eden Prairie would be positive on all fronts. Case said membership on the task force will be critical to a successful outcome. The members must be people who want to see progress on this issue. Luse asked the other Councilmembers for a"quantifiable conclusion"from the meeting's discussion. Neal suggested attempting to come to consensus on the Ordinance regulating second-hand smoke on City properties and the Resolution to the State. Case said he wants to see a consensus-building task force work on moving toward voluntary compliance to reduce second-hand smoke. Tyra-Lukens said it will be important to get members from all aspects of the issue. Case it is critical to get people at the table that have the ability to really make changes. He wants to get all the stakeholders in the room, make concrete progress,then publicize it. Butcher asked for clarification on what the Council was looking for in a task force. She asked if they are asking for a list of recommendations or a list of restaurants that aren't participating,which she is afraid would have negative overtones. Luse said, "The reality is that it will look like that because this has become a political issue." Case said a task force should at least work toward finding minimal levels of agreement,then publicize those organizations that choose to participate. Butcher reiterated that"it's all about process,"which is why the Council should set out clear goals before appointing a task force. Case said the Council has come through a tough six months, and they should take the opportunity to capitalize on the movement and momentum they have going toward this issue. If the Council can make visible progress on this issue, they can go to other communities and the State and get some attention in St. Paul. Luse said he doesn't think this strategy will be successful. Rosow said the Council has the option of setting quantifiable goals that the task force could go out and attempt to meet. Luse said that won't work because it would be another instance of"telling them what to do." Luse also said the task force must have a budget to work with. Butcher said funding will require a multi-pronged approach,with a staff member assigned the task of locating and applying for grants. Neal said he understands the input provided by the Council and will redraft his task force memo to reflect it. Tyra-Lukens asked if the Council should start gathering names for a task force. Neal said they should do so. Case asked if the ordinance and resolution discussion could take place during the regular council meeting since time was running short for the workshop. Luse said he had some specific suggestions on crafting an ordinance that was consistent and would not allow those with a"bias to take it and run with it." Butcher suggested holding a workshop to further discuss the ordinance. Tyra-Lukens said she wants to finish the discussion tonight. Case said Council might want to consider delaying implementation for a year, similar to the school district, so employees have a chance to quit smoking. Council agreed to move the discussion of the ordinance and resolution to the regular Council meeting since it was time to move on to the Open Forum portion of the agenda. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. PAUL WEND ORFF Paul Wendorff said he was appearing before the Council to"clear the air"on his stance regarding the smoking ban. He that while he is against a ban,he is not a lobbyist and is not being paid by anyone. He said a grass roots organization had 3 formed in recent months in response to the Council's proposed smoking ban. Membership in the organization is diverse and includes attorney Thomas Briant and a number of local businesses. Wendorff said, "This is not about big tobacco." Wendorff said he met with Councilmember Butcher for coffee on September 18 and sketched out on a napkin an ordinance very similar to the one the Council was considering tonight. He said this ordinance is great. He encouraged the Council to"just leave businesses alone." He said individuals on both side of this issue have been hassled, and it is time to put this to rest. Wendorrf looked at Councilmember Luse and said, "Dave,I'm not going to go into the areas you wanted me to go investigate. I'm going to lay that to rest." Luse responded by saying he thinks Wendorff is a wonderful person,but it was important on this issue to be very careful to articulate on his comment. Luse wanted it to be clear that he had not instructed Wendorff to do something. Luse asked Wendorff to refrain from claiming that he is following up on issues at his (Luse's)direction. Wendorff said that business is precarious and it is time to heal wounds. His grass roots organization will remain vigilant. Wendorff said, "Good luck. Let's move on." Tyra-Lukens pointed out that the Council has been working on many issues in addition to the smoking ban. Case said he does not wish the last six months had not happened. He said the smoking debate has been an incredible example of democracy in action. He thanked Mayor Tyra-Lukens for her leadership in taking the Council through this process. B. PAUL HEMPE,TRAILS WITHOUT RAILS Mr. Hempe thanked the Council and City Manager for their discussions with his group on LRT issues. He said they greatly appreciate the resolution on LRT and the City's pledge of support. He said he would leave a notebook full of information on LRT and transportation issues with the City Manager to share with the Council. He said his group is skeptical of Hennepin County's bias on this study. Luse said the groundswell of support from Trails without Rails will make a difference in this process. C. JEAN FORSTER,PRESIDENT,MN SMOKE-FREE COALITION BOARD Forster explained that the MN Smoke-Free Coalition was formed 18 years ago, and includes 18 organizations, including Hazelden,tobacco researchers and others. Forster said she found it disturbing that after Mayor Harris' death, the Council has moved to protect City workers from second-hand smoke but not to protect other workers in the City. She said her organization knows the second- hand smoke issue has to be advanced by local governments before it will be considered at the state level. She said she feels the Council's resolution to the state is an empty one. She said the idea of task forces has been advanced by the tobacco industry for over a decade, and that task forces have failed to make a difference. She said it is a shame that this Council will not be among those passing an ordinance. Councilmember Case said he appreciated Forster's sentiment,but he was frustrated by the chastising. He thought the Council should be commended for continuing the fight by proceeding with a task force. VI. OPEN PODIUM(Unscheduled participants,6:50-7:00 p.m.) Eden Prairie resident,Jeff Strate, said he was concerned about the item on the Council Agenda to allow construction of a tree fort in a conservation scenic easement. He said he thinks this motion will open a flood gate of similar requests. He pointed out that development in this area of the City was allowed only after the developer agreed to such an easement. Council agreed to move the Agenda item to a place on the agenda where more discussion can take place before a vote. VII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 15,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SPENCER CONRAD RECOGNITION Mayor Tyra-Lukens read Resolution No. 2002-169 expressing recognition, appreciation and congratulations to Mr. Spencer Conrad for his years of community service as a member of the fire department. Mr. Conrad was present and accepted a plaque of appreciation from the fire department. A member of the Eden Prairie Fire Department since 1975,Mr. Conrad served as Chief#1 from March, 1990 to August, 2002. MOTION: Mosman moved, seconded by Butcher, to adopt Resolution No. 2002-169. Motion carried 5-0. IV. COUNCIL FORUM INVITATION Mayor Tyra-Lukens stated that Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber.Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office (at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added Item XIV.A.1. under Reports of Councilmembers. DISCUSSION ON A REQUEST FROM NEIGHBORS IN AN AREA NEAR MIDWEST ASPHALT. Luse added Item XIV.A.2. DISCUSSION ON A LETTER FROM A DEVELOPER COMMENDING EMPLOYEES OF EDEN PRAIRIE. Tyra-Lukens suggested altering the agenda so that those present in the Trails Without Rails group could be heard earlier, therefore switching Items X.D.and E.Rosow stated there is currently no report for Item XIV.H.1. He said there was hope that a memorandum of understanding between the City CITY COUNCIL AGENDA October 15,2002 Page 2 and MAC be produced for roadway and park improvements,but key MAC officers were unavailable to provide the revised language before tonight's meeting.Tyra-Lukens also noted that Item I.has been added to VII. Consent Calendar as a revision to the agenda. Management and Budget Director Don Uram suggested that Item X.E.relating to Trails Without Rails be heard before Item X.C. Luse noted that the airport issue is reaching a very positive finalization.Rosow said it has been a three-pronged negotiation that includes agreement on a special assessment on MAC property, a memorandum of understanding on the infrastructure, and the final agreement with respect to airport operations. • Case clarified that with this agreement and money, the City has purchased security and confidence that the character of the airport will change as little as the City wants it to change and that protection was not there without this money.He said when the agreement is signed, there will be substantive gains that will protect the character and personality of the airport from changing unilaterally. MOTION:Butcher moved,seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD OCTOBER 1,2002 MOTION: Case moved, seconded by Luse,to approve as published,the Minutes of the City Council Workshop held October 1, 2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD OCTOBER 1,2002 MOTION: Case moved, seconded by Mosman,to approve as published, the Minutes of the City Council Meeting held October 1,2002. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. 2nd Reading for Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres, Rezoning from Neighborhood Commercial to Office on 3.0 acres, and Site Plan Review on 8.8 acres. Location: Hennepin Town Road and Pioneer Trail. (Ordinance No.26-2002-PUD-18-2002 for PUD District Review,Zoning District Amendment and Zoning District Change, and Resolution No.2002-170 for Site Plan Review) C. TERREY PINE VILLAS to Authorize the Mayor and City Manager to Execute the Assignment and Assumption Agreement Developer's Agreement for Terry Pine Villas. (Assignment and Assumption Agreement) CITY COUNCIL AGENDA October 15,2002 Page 3 D. ADOPT RESOLUTION No.2002-171 CALLING FOR PUBLIC H I ARING ON DECEMBER 3,2002,TO CONSIDER ESTABLISHING A TAX INCREMENT (TIF)DISTRICT FOR SOUTHWEST STATION HOUSING E. AMEND PROFESSIONAL SERVICES AGREEMENT WITH ENDURANT BUSINESS SOLUTIONS FOR THE CITY WEBSITE F. APROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN OF INTERSECTION IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD,I.C. 02-5583 G. APPROVE TRAVEL DEMAND MANAGEMENT AGREEMENT WITH RESIDENTIAL FUNDING CORPORATION FOR THE SHADY OAK TECHNOLOGY BUILDING H. APPROVE REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION EASEMENT AT 11623 LANDING ROAD I. APPROVE SECOND READING OF AN ORDINANCE No. 27-2002 AMENDING CITY CODE SECTION 2.05 RELATING TO MAYOR AND COUNCILMEMBER SALARIES MOTION: Butcher moved, seconded by Mosman, to approve Items A-I on the Consent Calendar. Case requested moving Item H. to Councilmember Reports as Item XIV.A.3. Motion with the removal of Item H. carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF THE 2002 SPECIAL ASSESSMENTS Management and Budget Director Don Uram said official notice of this public hearing was published in the September 19,2002,Eden Prairie News and sent to 60 property owners. He said each year, the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year,the council will address two projects and a list of supplemental assessments for such things as trunk and lateral exclusions and trunk utility assessments. The Supplemental Trunk Sewer and Water assessments are primarily development based, and the Exclusions are for the properties that connected to public utilities before the 5- year exclusions became due. The total amount proposed to be assessed in 2002 is $1,400,023.57, and Staff recommends approval of the special assessments. Uram said City Engineer Al Gray is present for discussion. Gray suggested organizing this discussion into five parts: the two neighborhoods- Highview/Lakeland and Cedar Forest;trunk assessments related to development projects;the Flagship office building and Welter Trailhead project; and weed-cutting, connection fees and the Alm addition. CITY COUNCIL AGENDA October 15,2002 Page 4 Gray said the Highview/Lakeland neighborhood assessments are for those properties originally excluded,but now connected.He said there are two properties- Schoenecker and Halvorson-that are extra lot units over and above their homesteaded lot that exists in the neighborhood so their lateral sewer and water assessments are not subject to the budget cap and are therefore slightly higher. Gray noted that the City has received a letter from Schoenecker's attorney objecting to the assessment of Schoenecker's extra unit. The letter also said if the assessment is deferred until development or rezoning, then the objection will be withdrawn. Gray said Staff is recommending levying the assessment and deferring it with interest until development of the extra lot unit. Gray said the recommendation would also apply to Halvorson's extra unit. Gregory Halvorson commended the Council and the sewer and water contractor for an outstanding job on the project. He expressed concern that he was not aware of the exclusion to the pricing for the second parcel. Gray clarified that in the original assessment roll,the estimated assessment for the extra lot is exactly the same as what is shown on the homesteaded lot.He said the policy relative to capping the assessments to lots are limited to an existing homesteaded lot with a tenable structure that is homesteaded. He said properties that were capped stayed the same,but the additional lots went to a higher level because overall costs came in higher. Luse asked what is the maximum cost that the City could have assessed for homesteaded properties. Gray said it was$19,600. Gray said it's approximately$1,900 more for the non-homesteaded lot because it had no cap. Dietz said the situation with the lot is consistent with policy from the last 30 years.He said that policy has been to not have the cap apply to buildable lots with no homestead. There were no further comments from the audience. MOTION: Case moved to close the Public Hearing for the Highview/Lakeland neighborhood assessments. Seconded by Butcher, motion carried 5-0. Gray said in the Cedar Forest neighborhood,there are three properties that are receiving assessments for sub-trunk sanitary sewer benefit, outside the neighborhood but within the service area of the wastewater lift station and force main system. Gray said the remaining assessments are for lateral utilities and trunks for those now connected. There were no comments from the audience. MOTION: Butcher moved, seconded by Case, to close the Public Hearing for the Cedar Forest neighborhood assessments. Motion carried 5-0. For Supplemental Trunk Assessments, Gray said the majority of the properties are development properties assessed under development agreements and assessment agreements. Gray said Staff recommends removing the Sailor property from the assessment roll at this time until the time when there is future development, and with that exception,recommends adoption of the list. 1 CITY COUNCIL AGENDA October 15,2002 Page 5 There were no comments from the audience. MOTION: Case moved, seconded by Butcher,to close the Public Hearing for Supplemental Trunk assessments.Motion carried 5-0. Gray said the Flagship 2nd addition assessment is for the cost to construct median openings and the Welter Trailhead assessment is for stone sewer and trail improvements. There were no comments from the audience. MOTION: Case moved, seconded by Butcher,to close the Public Hearing for Flagship 2nd addition and Welter Trailhead assessments.Motion carried 5-0. Gray said the last group of assessments is for grass cutting,connection fees and the Alm property special fees. There were no comments from the audience. MOTION: Mosman moved, seconded by Case,to close the Public Hearing for assessments for grass cutting,connection fees and the Alm property special fees. Motion carried 5-0. MOTION: Case moved to adopt Resolution No. 2002-172 approving all Special Assessments presented in the fall of 2002,with the exception of the Sailor property as listed in the Supplemental Trunk Assessments. Seconded by Butcher, motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman, and Tyra- Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.71,RELATING TO MAINTENANCE OF VEGETATION Management and Budget Director Don Uram said this minor code change is to make the language regarding how we collect special assessments for non-payment of "weed cutting"bills conform to our actual practice in conformance with Statutory regulations.He said Staff recommends approval. MOTION:Mosman moved to approve the first reading of the Ordinance amending City Code Section 9.71,relating to Maintenance of Vegetation. Seconded by Case, motion carried 5-0. lO CITY COUNCIL AGENDA October 15,2002 Page 6 B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL RESTRUCTURING Management and Budget Director Don Uram said the City Code is being amended to reflect the organizational restructuring that began July 1,2002. The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes implemented on July 1,2002, and on August 29, 2002. The ordinance also formally recognizes the changes in departmental titles and reporting structures. All changes included in the proposed ordinance have been previously announced to the City Council and to City employees. He said Staff recommends approval. • Luse acknowledged Scott Neal's leadership in this effort. MOTION: Butcher moved to approve the first reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring. Seconded by Case, motion carried 5-0. E. RESOLUTION RELATING TO THE SOUTHWEST RAIL TRANSIT STUDY Management and Budget Director Don Uram said the resolution was prepared in response to a proclamation submitted to the City Council on September 30, 2002 by a group of local citizens known as "Trails Without Rails". The group desires Council advocacy on their behalf with the Hennepin County Regional Rail Authority (HCRRA)while the HCRRA is conducting the Southwest Rail Transit Study. He said the resolution was prepared in consultation with City staff, Southwest Metro Transit, and representatives of the Trails Without Rails group. The resolution was also prepared with past public comments by Councilmembers in mind and the City Manager has shared the resolution with staff at HCRRA. Uram said the resolution formally communicates the current preferences of the City Council to the HCRRA regarding the Southwest Rail Transit Study. The study is slated to be completed in March/April 2003. The intent of the resolution is to provide the HCRRA a clear set of preferences and expectations of Eden Prairie will be looking for at the conclusion of the study. He said Staff is recommending approval. MOTION: Case moved,Butcher seconded,to adopt Resolution No. 2002-174 relating to the Southwest Rail Transit Study. Tyra-Lukens said she spoke to the Hennepin County commissioner this afternoon about the study and she is comfortable with it.Butcher expressed thanks to everyone who worked on this. Motion carried 5-0. /1 CITY COUNCIL AGENDA October 15,2002 Page 7 C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.42 RELATING TO SMOKE-FREE ENVIRONMENTS Management and Budget Director Don Uram said this ordinance has been prepared at the request of the City Council. He said that it accurately reflects the consensus of the Councilmembers following the October 1, 2002,Workshop. There are three sections of the ordinance that provide the Council with written policy options that the Council must resolve in order to move the ordinance forward. Rosow said options are provided in tonight's packet. He suggested the process should be to amend the ordinance as needed,then adopt it as amended. Butcher said she would like to remove the open air portion of Parks under Subd. 2. General Restructions A.1. and specify that it's the buildings in the parks.Rosow said a prior version of the draft included"areas or structures not open to the sky." Case said smoking should be banned from all public areas. He said allowing workers to smoke is an efficiency issue and wants to take a clear and definitive stand.He said he wants as much secondhand smoke removed from all buildings and properties that the City controls,representing the people of Eden Prairie as much as possible. Mosman said she tends toward supporting an all-inclusive nonsmoking ordinance. Luse said the issue is about safety and health and protecting people who are in a position where they might not be able to protect themselves. Tyra-Lukens said there are areas where parkland and school property are nearly indistinguishable. She said it would be less confusing if there is consistency on outdoor space area and she would prefer to stick with the current broad definition of parks. MOTION: Case moved to approve First Reading of an Ordinance Amending City Code Chapter 9 by Adding Section 9.42 Relating to Smoke-Free Environments; and Adopting By Reference City Code Chapter 1 And Section 9.99 Which,Among Other Things, Contain Penalty Provisions.The motion was seconded by Butcher. Butcher said part of the Council's role is to collaborate and cooperate as a team, and she has appreciated the cooperation and open-mindedness and support of the voluntary compliance piece for businesses. She said she doesn't have strong feelings about this and feels that it should be kept like it is and keep it whole. Luse suggested adding"when occupied by two or more persons"to Subd.2.A.3.He also suggested striking Subd.2.A.4. and replacing it with"Any City controlled property not identified as designated areas." CITY COUNCIL AGENDA October 15,2002 Page 8 Luse said he is also concerned with buildings leased by the City.He suggested adding "prior to the adoption of this ordinance."to Subd.2.B.1. and also adding"defined under the Clean Air Act of Minnesota" after the word Facilities in Subd. 2.B.2. Luse further suggested adding"unless designated and posted as a smoke-free area when transferred to the public ownership by the related entity"to Subd. 2.B.3. Rosow clarified that C.H. Robinson is in this facility and has control of their area under the lease so they can go anywhere in those areas under this language.Rosow said the language allows the City to designate outdoor areas on City property. Following discussion, Council agreed to delete Subd. 1.A.(9)2. and strike part of Subd. l.A.(8) so that it simply reads "Smoking is a potential cause of fires." It was also agreed to keep the original language of Subd. 2.A.4. and adding "when occupied by two or more persons" to Subd. 2.A.3. MOTION: Case moved to amend the proposed first reading of an ordinance amending City Code, Chapter 9 by adding Section 9.42 relating to smoke-free environments by striking everything after the word'fires'in Subd. 1.A.(8); striking everything after the word'parks'in the 4th line of Subd. 1.A.(9); inserting in Subd. 2.A.3, language after the word'City,' "when occupied by two or more persons;" and inserting in Subd. 2.B.1., after the word'hours,' "where the lease was entered into prior to the adoption of this ordinance." Seconded by Butcher, motion carried 5-0. Vote on Ordinance as amended: motion carried 5-0. D. RESOLUTION SUPPORTING,ADVOCATING AND URGING THE MINNESOTA STATE LEGISLATURE TO ENACT A STATEWIDE SMOKE- FREE LAW PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND RESTAURANTS Management and Budget Director Don Uram said the resolution was prepared at the request of the City Council following the October 1, 2002 workshop. The resolution expresses the Council's support for the State legislature to take up the issue of enacting statewide legislation regarding smoking bans in public places. The City Manager recommends approval of the resolution. MOTION: Butcher moved to adopt the Resolution No. 2002-173 supporting, advocating and urging the Minnesota State Legislature to enact a statewide smoke- free law prohibiting smoking in places of employment and restaurants. Seconded by Case, motion carried 5-0.Rosow advised that since Councilmember Luse was attempting to speak prior to this vote,he should have been allowed to have the floor and make his suggested amendment. MOTION: Luse moved to amend Item(8) striking everything after the word'fires.' Case seconded the amendment.Motion carried 5-0. Vote on Resolution as amended: motion carried 5-0. 13 CITY COUNCIL AGENDA October 15,2002 Page 9 Mosman stated this will not be dropped as an issue. She asked Council if a task force will be discussed. Case said direction has been given to Staff and gains have been made,but the issue will not be dropped because although Council went as far with the comfort level as most residents wanted,they still want to make substantive gains on indoor air quality in the City. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS Over the past several years,the City Manager and Director of Management Services reviewed student applications to Boards and Commissions and recommended appointments based on students' stated preferences and grade level. This year,the selection process was modified. The City Manager held a meeting with the staff liaisons to the Boards and Commissions to review and discuss the applications. Recommendations were then made based on the students' stated preferences and the quality of their application. Twenty-two applications were received by the deadline at 4:30 p.m. on Friday, October 4. Three students are being recommended for each Board or Commission, for a total of 12 student appointments. Also for the first time this year a special orientation session will be held for the student representatives before they begin serving on their Board or Commission. The orientation will include general information on the City Council as well as Board and Commission structure and function. MOTION: Case moved to appoint Lauren Astry, Chris Shea, and David Westphal as Student Representatives to the Parks, Recreation and Natural Resources Commission to terms beginning November 2002 through May 2003. Seconded by Butcher, motion carried 5-0. MOTION: Case moved to appoint Morgan Hollister,Kian Missaghi, and Kaitlin Moss as Student Representatives to the Human Rights and Diversity Commission to terms beginning November 2002 through May 2003. Seconded by Butcher, motion carried 5-0. . MOTION:Butcher moved to appoint John Buteyn,Mackenzie Epping, and Ross Viland as Student Representatives to the Heritage Preservation Commission to terms beginning November 2002 through May 2003. Seconded by Mosman, motion carried 5-0. MOTION:Mosman moved to appoint Andrea Deanovic,Meghan Dunning,Andrew Krause as Student Representatives to the Arts and Culture Commission to terms beginning November 2002 through May 2003. Seconded by Luse, motion carried 5-0. CITY COUNCIL AGENDA October 15,2002 Page 10 XIV. REPORTS OF()FACERS A. REPORTS OF COUNCILMEMBERS 1. DISCUSSION ON A REQUEST FROM NEIGHBORS IN AN AREA NEAR MIDWEST ASPHALT Butcher said there are long-term concerns of neighbors regarding the height of the rubble pile and constant beeping of the bulldozer. She said there are also concerns about the crushing of the asphalt because of the heavy petroleum content in it. She asked that Staff contact the owner, Mr. Sabdvuck and have conversations about the concerns. 2. DISCUSSION ON APPROVING REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION EASEMENT AT 11623 LANDING ROAD Case stated he is not interested in having a tree house in every conservation easement,but Council did direct staff to develop some kind of proposal that is inhibiting.He said it's not a perfect solution,but it is acceptable to him. Mosman said she is concerned that Council may be setting a precedent since easements are not currently categorized. She said development of consequences should be considered and an aggressive education campaign instituted. Tyra-Lukens said it would be difficult to enforce grading the different types of easements. She said she'd like to look at it on a case-by-case basis. Luse said this is more about the understanding of the City process. He said he supports educating citizens about the easements. Butcher said she is concerned about consistency on this issue. She asked what kind of criteria could be used. She said rules and regulations are needed and enforced, unless there are hardship issues. She said without real criteria,we are measuring with different yardsticks. Lambert said property owners should be educated through the title search process when they buy property,but the problem is when properties change hands. He suggested information in the form of newsletters or mailings that are sent to property owners periodically. Lambert said Council will have to look at the requests on a case-by-case basis,with restrictions.He said Staff found a way to allow it to happen in this case,but not set a precedent. Luse said Council has asked Staff for recommendation and should go ahead with that. Tyra-Lukens said this takes a lot of Staff time and taxpayer dollars and she I5 CITY COUNCIL AGENDA October 15,2002 Page 11 believes there should be some kind of permit fee for the process. Case said he also believes there should be consistency and he wants to move on and work to correct future issues. MOTION: Case moved to approve the request to construct a tree fort in the Conservation Easement at 11623 Landing Road. Seconded by Luse, motion carried 4-1.Butcher opposed. Rosow clarified that all conservation easements are on titles to properties, obtained through the development process, so it is on the title at no cost to the City. 3. DISCUSSION ON A LETTER FROM A DEVELOPER COMMENDING EMPLOYEES OF EDEN PRAIRIE Luse acknowledged his colleagues efforts in development of the Smoke-free ordinance. Luse mentioned support for the organization of"Forward Eden Prairie"that pulls together different entities,businesses, City, school board, to promote why Eden Prairie is a great place to live and work. Luse presented a letter from Pemtom Land Company, dated Oct. 3, 2002, to the Mayor and City regarding utility services in Hennepin Village. The letter commends the outstanding work of the Public Works staff for their assistance in the contract process. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY 1. Flying Cloud Airport (Item removed at the request of City Attorney) XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved,seconded by Case,to adjourn the meeting.Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:16 p.m. 16 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 12,2002 ITEM DESCRIPTION: SERVICE ARTA/DIVISION: Clerk's License Application List ITEM NO.: Police/C.O.P.Unit Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Jacquie &Bruce Cripe—Dogs Nancy Parker-Dogs Raffle Organization: Scieroderma Foundation Minnesota Chapter Place: 16432 South Manor Road Date: 12/15/02 CITY COUNCIL AGENDA DATE: 11/12/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Southwest Station Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to Commercial Regional Service on 6.66 acres, and from Rural to RM-2.5 on 8.89 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Southwest Station. Synopsis This project is for 31,527 square feet of retail and restaurants and 236 multiple-family units. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 28-2002-PUD-19-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development Commercial Regional Service Zoning District and to be removed from the Rural Zoning District and be placed in the Planned Unit Development RM-2.5 Zoning District, 28-2002-PUD-19-2002-C-Reg-Ser, RM-2.5 (hereinafter "PUD-1 9-2002-C-Reg-S er,RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 12, 2002, entered into between North American Properties of Minnesota, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-19-2002-C-Reg-Ser, RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-19-2002-C-Reg-Ser, RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-2002-C-Reg-Ser, RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-19-2002-C-Reg-Ser, RM-2.5 are justified by the design of the development described therein. D. PUD-19-2002-C-Reg-Ser, RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the Planned Unit Development Commercial Regional Service Zoning District and removed from the Rural Zoning District and placed in the Planned Unit Development RM-2.5 Zoning District, and shall be included hereafter in the Planned Unit Development PUD-19-2002-C-Reg-Ser, RM-2.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 12th day of November, 2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 28-2002-PUD-2002-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at north of Technology Drive, south of T.H. 312 and west of Prairie Center Drive from the Rural Zoning District to Commercial Regional Service Zoning District and from the Rural Zoning District to RM-2.5 Zoning. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A LEGAL DESCRIPTION SOUTHWEST STATION 2002 Legal Description Before Final Plat Outlot A and Lot 1, Block 1, Southwest Station Legal Description After Final Plat Lots 1-6 Block 1, Southwest Station 2nd Addition SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHWEST STATION BY NAP SOUTHWEST STATION, LLC WHEREAS, NAP Southwest Station, LLC, has applied for Site Plan approval of Southwest Station for construction of 31,527 square feet of retail and restaurants and 236 multiple-family units by an Ordinance approved by the City Council on November 12,2002; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its September 9,2002 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 1,2002 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to NAP Southwest Station, LLC,based on plans dated September 26, 2002, between NAP Southwest Station, LLC, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 12th day of November, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk O3 DEVELOPMENT AGREEMENT SOUTHWEST STATION THIS AGREEMENT is entered into as of November 12,2002,by NAP Southwest Station, LLC,an Ohio limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Guide Plan Change from Regional Commercial to High Density Residential on 8.89 acres, Planned Unit Development Concept Amendment on 15.55 acres, Planned Unit Development District Review with waivers on 15.55 acres, Zoning District Change from Rural to Commercial Regional Service on 6.66 acres, and from Rural to RM-2.5 on 8.89 acres, Site Plan Review on 15.55 acres, and Preliminary Plat of 20.3 acres into 6 lots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to on acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1.PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated September 26,2002,reviewed and approved by the City Council on October 1,2002,(hereinafter the"Plans")and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EDIT C: Developer agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 3. CROSS ACCESS, PRIVATE UTILIiJI S, PARKING, AND MAINTENANCE AGREEMENT: Prior to issuance of the first building permit for the Property, the Developer shall enter into a cross access and maintenance agreement between Lots 1-6 , Southwest Station 2nd Addition of the Property and Lots 2,Block 1 Southwest Station,the form of which must be approved by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways, private utilities, ponds and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the release of a final plat for the Property, Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. 4. - DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all'claims, demands, lawsuits, complaints, loss,costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water qualityponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, • Developer shall provide preconstruction and post construction surveys for evaluation by City. • 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 and C-Regional Service Zoning Districts through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): Proposed Lot 1 —Krispy Kreme • Parking setback from 35 feet to 14 feet along the north property line. • Parking setback waiver from 10 feet to 0 feet from internal lot lines. Proposed Lot 2—Ruby Tuesday • Building setback from 35 feet to 17.5 feet along Prairie Center Drive. • Parking setback from 10 feet to 0 feet from internal lot lines. • Proposed Lot 3—Retail Buildings • Parking setback from 10 feet to 0 feet from internal lot lines. Proposed Lot 4—Culvers • Parking setback from 35 feet to 17.5 feet along Technology Drive. • Parking setback from 10 feet to 0 feet from internal lot lines. Proposed Lot 5—Residential • Building setback from 35 feet to 15 feet for two townhouse units along Technology Drive. • Building setback from 35 feet to 17.5 feet along Highway 5. • Density from 17.4 to 30 units per acre. • Building height from 45 feet to 50 feet. • Shoreland building height from 35 feet to 50 feet. 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Prairie Center Drive as depicted in the Plans. B. An eight-foot wide bituminous trail to be located along Technology Drive as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property 15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete • description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. The sign structure for the main project identification sign located in the western corner of the Prairie Center Drive and Technology Drive intersection and Lot 2,Block 1 of the Property shall extend no more than 5 feet into the public right of way. In addition,any relocation or removal of the sign and associated landscaping as a result of future roadway improvements at the Prairie Center Drive and TechnologyDrive intersection will be the responsibility ofthe sign Owner. Prior to the installation of the sign and landscaping,a Limited Use Permit must be obtained from MNDOT by the Owner. 16. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. TRAFFIC SIGNAL IMPROVEMENTS: The Developer is responsible to design and construct the following public traffic signal improvements by July 1, 2003 or prior to the second occupancy permit for the Property is issued(whichever occurs first): A. A permanent traffic control signal system at the easterly intersection of Southwest Station and Technology Drive including mast arms, pole signing, luminaries, pedestrian indicators,EVP,loop detections,pavement markings,and interconnect to the Prairie Center Drive and Technology Drive signal. B. Traffic signal modifications at the Prairie Center Drive and Technology Drive signal including split phasing for the east and west approaches and right turn overlap phases for the southbound and eastbound right turns. Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of the signal improvement plans. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. If the Developer or its successors and assigns, submits and the City accepts a petition for the signal improvements,Developer or its successors and assigns, as applicable, shall enter into an assessment agreement for the full cost of the signal improvements. 18. SIGHT DISTANCE: Prior to issuance of the first building permit for the Property, the Developer shall provide and obtain approval from the City Engineer detailed plans(including landscape plans)for each access point to Technology Drive. The plans for each access point shall provide sufficient information to indicate that 35 mph sight distances will be provided at each location. 19. DEDICATION OF RIGHT OF WAY AT PURGATORY CREEK: Prior to release of the final plat for the Property,Developer shall include on the final plat adequate right of way for the proposed bridge,trail and pedestrian lighting adjacent to Purgatory Creek that will be 9 constructed as part of the widening of Technology Drive. 20. VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENT: Prior to release of a building permit for Lot 3,Block 1 of the Property,Developer or Owner shall vacate the existing public drainage and utility easements over the adjacent pond. 21. EDEN PRAIRIE MARKETCENTER DESIGN FRAMEWORK: Prior to building permit issuance for the Property,Developer shall submit to the City Planner and obtain the City Planner's written approval of detailed plans for implementing the Eden Prairie Marketcenter Design Framework for the Property consistent with the materials attached as Exhibit E. This includes the following: a) Decorative pedestrian lighting leading to the building from Technology Drive. b) Landscaping planters at site entrances. Developer shall not be required to use the specific materials,manufacturers,or suppliers set forth in Exhibit E,provided such materials,manufacturers,or suppliers are consistent with the general design framework established by Exhibit E,as determined by the City Planner in his or her sole discretion. Developer agrees to complete implementation of the approved plans for the Marketcenter Design Framework in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property, subject to weather delays. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be .executed as of the day and year aforesaid. NAP SOUTHWEST STATION,LLC CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal, City Manager STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, • by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this day of ',2002,by , the _, of , a Minnesota , on behalf of the Notary Public The foregoing instrument was acknowledged before me this day of ,2002,by , the , of , a Minnesota , on behalf of the Notary Public EXHIBIT A LEGAL DESCRIPTION SOUTHWEST STATION 2002 Legal Description Before Final Plat Outlot A and Lot 1,Block 1, Southwest Station Legal Description After Final Plat Lots 1-6 Block 1, Southwest Station 2"a Addition EXHIBIT B DEVELOPMENT AGREEMENT—SOUTHWEST STATION 2002 LIST OF MATERIALS 1. Concept Landscape Plan dated August 15,2002,by Ernst Associates 2. Site Plan Apartments by Don E.Lewis Architects 3. Concept Landscape Plan dated August 16, 2002,by Ernst Associates 4. Colored Rendering of Southwest Station dated October 23, 2001,by KKE Architects,Inc. 5. Colored Rendering of Exterior Elevations dated November 5,2001,by KKE Architects, Inc. 6. Building"A" Exterior Elevations dated July 15, 2002,by KKE Architects, Inc. 7. Building"B" Exterior Elevations dated July 16, 2002,by KKE Architects,Inc. 8. Wall Sections and Details dated July 16, 2002,by KKE Architects,Inc. • 9. Color Rendition of Building Elevations dated June 12, 2002,by Jamb Architects 10. Color Rendition of Ruby Tuesday 11. Color Rendition of Ruby Tuesday and Landscaping 12. Color Rendition of Ruby Tuesday and Evergreen Plantings 13. Color Rendition of Ruby Tuesday, Side View,Landscaping 14. Color Rendition Perspective Sketch of Krispy Kreme Doughnuts dated July 23, 2002,by • Quanbeck, Dahlberg Associates,Inc. 15. Color Rendition of Krispy Kreme Doughnuts Exterior Elevations dated March 11, 2002, by Quanbeck,Dahlberg Associates,Inc. 16. Color Rendition of Front Exterior of Residential Units 17. Color Rendition of Rear Exterior of Residential Units 18. Architectural Site Plan dated August 8, 2002,by Don E. Lewis Architects 19. Residential Units Interior Floor Plans dated August 8, 2002,by Don E. Lewis Architects 20. Residential Units Interior Floor Plans dated August 8, 2002,by Don E. Lewis Architects 21.Residential First and Second Levels Floor Plans dated August 8, 2002,by Don E. Lewis Architects 22. Parking Level Plan for Building 1 dated August 8, 2002,by Don E. Lewis Architects 23. Typical Floor Plan for Building 1 dated August 8,2002,by Don E. Lewis Architects 24. Front and Side Elevations for Building 1 dated August 8,2002,by Don E. Lewis Architects 25. Side and Rear Elevations for Building 1 dated August 8, 2002,by Don E. Lewis Architects 26. Typical Floor Plan and Parking Level Plan for Building 2 dated August 8,2002,by Don E. Lewis Architects 27. Side,Rear and Front Elevations for Building 2 dated August 8, 2002,by Don E. Lewis Architects 28. Typical Floor Plan and Parking level Plan for Building 3 dated June 14,2002,by Don E. Lewis Architects 29. Side,Rear and Front Elevations of Building 3 dated August 8,2002,by Don E.Lewis Architects EXIIIBIT C DEVELOPMENT AGREEMENT—Southwest Station I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within thirty-six (36) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer is contractor purchaser of the Property. Southwest Metro Transit Commission is fee owner. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. 31 B. That Developer has not used, employed, deposited, stored, disposed of,placed or otherwise allowed to come in or on the Dedicated Property,anyha7ardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et. seq.,or Minn.Stat.,Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and • costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the • Dedicated Property by Developer,its employees,agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. • XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every 35 other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Tnspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 Y2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. EXHIBIT D DEVELOPMENT AGREEMENT—PROJECT NAME EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of,turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent • to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's percussion. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If • eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs,including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections maybe assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY -3 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN NAP SOUTHWEST STATION, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of November 12, 2002, by Southwest Metro Transit Commission, a joint powers entity formed by the cities of Chaska, Chanhassen and Eden Prairie, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to Commercial Regional Service and RM-2.5, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Developer's Agreement entered into as of November 12, 2002,by and between North American Properties, LLC, an Ohio limited liability company,North American Properties, and City("Development Agreement"),Owner agrees with City as follows: 1. If between NAP Southwest Station, LLC , fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 36 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to Commercial Regional Service and RM-2.5,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. LI0 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. • Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2002, by , the of , a Minnesota , on behalf of the corporation. 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I 1 :: '(•x Ali ; a ft j .x \.' ; ,p a, :S'•'-=.:v• :?{,,k'`::'.}e' .-.aAv •..� •ri,T• • { {•• �' •.cda`Q�i �'��... t- mar . _ •:Y w C. j,r: fir; VS' .) •i'�:'-• "• ♦ / :•-,': " .t.2v'• .',..4..-..:••..•...,.--,.„:-4.4,-17-........-.14..-'..0.-:..2,.-...:k l4 l.-e.c....&..:..-.X••••.,..•.. .-.•...„:7-..' ...,4.....'.".T...„,•M,r.,.,,‹„„i ._i. --•}'ogaga�,'^^^ 1:C•• r 'e;;,y-;,,r•':.. yam... -, •... • ;<:;1•y;.:.` : `'"' .- „ I / f : - DESIGN FRAMEWORK "`"-% R " _ - .,. - "`''''_~ z EDEN PRAIRIE MARKE • A _ .i 41 ki Jp • :f_ E . f.:(1‘...,-;,,,..,...=-::.....,74..si •-• _•_,:,-41:i, 0:14 v.,„ ki �fiDO.if '•:........" jit �p -t r� Q 0 0 ? Ifca J/� \ p 1 1,.: •• rasa 1 -~Jr- **4k- il 04c,,,--.,,,.. - _ .4. ... `..,..... ,',._. 7 .TI..-e7... \.•- '•• / X /E _ 4 t�r r �,. • ..4..1..47.....-:f4 l„aA.k..,-1\ :I77.ir . \ 110.' .---. t.:.:#12. I aly, - , • { 5 ■ T.z. A / F. ,:.... _,, t • i .li_ ` E'1•a 1 t G -. , .• ,1 �. • ?%u t5 - IL LIWII E tx ,/::•-•-----) • . I T-- , . . \ L . f i-Iil ac- i • 39" 1. i LIM! , Iim, id • I . ) II i I f I 1 I - i 1 E DEi PRAIRIE BOLLARDS z_i6 ;-_,z.. ` -11t t•Cu a Bowie Tet 130-7at0*mil - iaiszecra'(Ce). Canaan. J7C 2A7 Fe ,c30-1L53 . 0 1 457mrm O \... ANG-CR PLATE0 ULJJ} f •a.c.:10 I/2 s • 0 •THICKNESS 3/�' i_=_"clIUt\\ 19mm 1 1 -= ©� " 279mm ,z, ._i I t�rll�i O • I • BASE DETAILS • BOLTS I PROJECTION 1 i E • i i ik, ) - - I • . i 1 O . 1 — \ x S X = 2 1/2"(64mm) • 10 . _ T b 1.1el (LI a1 • ANCHORING BOLTS STEEL, 3/4' x 20' .4 13 (supplied by LUMEC inc). 112 3/47rI ' 42,41,10111 O.: rRMso41 I Oct* I ate% Titre CITY OF EDEN PRAIRIE ! Title LL18 RSV744.7A ) 136.239 o C.B. Ism `� 1/2'=I' (Date 06-01-951 YetiCie Bar .il Din_ C;se_xz.-•e;e• .. -- - ---. 1 Pane e InI iii.urn _ 1 Q. *out Gee 9on+n T 31.j430-7040 o•sOr dnd (OW). Canada. J7G 2A7 F. .51£)430-1453 , 0 t s57mm - • }IICII ANCHOR PLATE1- U1 I 6 1 ______. _ .7..., •B.C.:10 1/2-i . .. 0 267mma ,(ia• . �� (-.l6' �� 0 ••THICKNESS 3/4 ,. --_ =1w 14mm 1 .4.. 11. • __e__ J % ©© 279mm CO • BASE DETAILS BOLTS P • ECTION bi E . �, rt< �Y • 11:1 • ® • S I. II 14 X = 2 1/2"(64mm) � 8 . • . E 40 7 1 (111 1!1 t • ANCHORING BOLTS r—"I t3 STEEL, 3/4" x 20" >;z z� 0 (supplied by LUMMEC inc). • ReKs+on ,crate ,v�r „tre C11Y OF EDEN PRAIRIE . Title LL18 RSV74473 136.239 L °` C_B_ 1 LGP1411kt1/7-=1 I I Date 06-01-95 ~ .11—�5 Nt: 15:30 • Aa. ' t•f3X MAPLE GROVE _ FAX NO. 43... t P.02 _ ../ HOW TO ORDER - Sample Specification _ Build the order number in the follow- The luminaire sldewatts shall be roll- ing sequence: formed construction from a single Franklin i.Series Code piece of aluminum ebruaion alloy FK 6063-T6.Crowned aluminum sheet 2.Luminaire Size canopy, crimped and seated to 20 housing!Finishing on housing shall 25 be_ the Rat, 30 tempered, clear glass lens is set 3. Diffuser Code into extruded aluminum tens frame. A—Clear Glass sealed with an EPDM gasket Door 4. Arrangement frame assembly shag be removable. iu Luminaire Single 9 The door to be hinged and retained 10—Soot 1 i3Q' with a stainless steel fastener.F1 0 _ and FK25 available with IES It,!ES III, 22—Threat 90 0• IES V-Square,orF(Forward)pattern 39—Three 12' FK30 avaiiable with IES lt,ES Ill,and 3 —Four at at so ' F (Forward) pattern. Reflector is precision die-formed aluminum. 5.Reflector Options Code chemically-brightened and anodized 2—1ESType It to semi-specular finish;and reflector 3—IES T e ill • system is sealed to prevent entrance 5�-IES type V of dust or moisture?Reflector systems F—Forward Throw Distribution hinged and latched to gasketed door 6.Luminaire Options Code - frame for easy cleaning or removal. P —Photoelectric Control Lamp socket shall have nickel plated Receptacle currant carrying parts with lamp grip. IF —Tilt Fitter Ballast components mounted on a SG—Pvtyrarbonate separate plate having quick release Stone Guard fasteners.Ballast shall be capable of FL —Fuse Luminaire starting typo of lamp of FP —Fuse Pole watts at age down to N —Options Not Required ' -20°F The 200°C.,600-volt insulated 7.LampWattage wiring shall be installed between the 8.Lampballast components and the socket Type Code M—Mercury Vapor The standard arm assembly shall be H—Metal Halide a rectangular aluminum extrusion :i S —High-Pressure Sodium complete with non-slip tie rod chan- t ---Incandescent nels serving as a compression men- 9.Primary Voltage ber with two threaded and galvanized 120mary 2Tl steel tie rods and lock nuts in tension 20 277 between pole and iuminaire.The tumi- 200 480 0 (voltagenot noire shall bear the listing mark of ele Underwriters Laboratory, "Fixtures suitable for wet locations:* . 10.Luminaire Finish Code (from fold-out page 36) 11.Pole or Bracket Code Cross-reference Luminaire SEze (Step 2)and Luminaire Arrange- ment(Step 4)with the Wind Load Rating Table below to select the appropriate pole or bracket from fold-out page 36. Wind Load Rating Table ._ Luminaire . Footnotes: Siza ttrminaira Arrangement Code 1.Fg30 is seated end spotwelded, not 10 28 29 32 39 49 2. Typo F (Fonvaro7 ra(lecror is bright 20 .e 1.8 1.5 28 2S 3 6 Z5 1.5 3.0 3.0 4.6 4.Q 62 peb�alumnrm sheet not sealed 30 1.9 3.3 3.3 49 49 6.0 �none d system is d d ,}c . P L i? • SAMPLE o-`c Yam, late �?��QQ4-?dt .ems" v� gt a vk-- Aar ORDER - NUMBER: FK 25 A 10 2 U 4C0 S 480 E RTS2S.H E N 1-49 STERNER 9 / Dimension:, O Standard Recommended Frank la 1 imirr Diameter / Diameterr Arm Mounting Wattage and Height Dimensions Height F ANKUN 20 up to 20-x 5 Zr x 4''-a` 7rS to 20' - 175 watts5- 2.!ia'X 5-7 2 13' to aC• /,. F:.a.4N.L1N z- :to:0 2., x 4C0 v,sitts 25 aC' . t:.AN•KLiN 3C uo to 3O•x 10• .-'.,'X 3- ,G 'to 1000 Wars Mechanical Features•Unitized:a1• Options • Photoelectric cont of re- lest system is removable :or quick :.ectac:e •Single or dude x weather- . c_rrnecCitist,::r.rect, easy installation c-roof receptacle _WarI enariteior and sevic edg rg • Clear glass lens is o ge%and arms• ;Lal and irncact-te nperrd. • Re- ar.cdic hu •pn 5nlsnec in a wide es fiector"s hinged and sealed�..' against a ranee.of colors. cr blade e b: ec D.V.g asket •Extrude • . aluminum armhas threaded, galva- nized steel tie rods.-Door frame as- sa.•,ciy'.eatures continuous extruded • aiuminurn frame. Photometric Features•Die-formed, semi-specular reflector system in . standard 1ES distribution patterns 11, III and V. A forward distribution • reflector is also available. 1000 Watt Frarrklin has bilateral adjustable reflector • Designed and manufac- tured to meet or exceed UL and NEC . scec:ficcaations. 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"`zi•iiil ...c.,„?... - '..tlel vat Z CD. . • • . . . _ - - • . _ . . . . - • f Dimertsien;, - I • / Luminaire Standard Recommended Fp.e� ■c,�r „ i Diameter Arm Mounting Ki j f • Wattage and Height Dimensions Height i::.1NKLIN 20 up to 27 x t?+X-t'—r i'>•xi 20' i75:o aCs .. 6( • F:.LtiKLlN 25 -;D 25 x 3 2'.4 x —12 15'to AC' sCO v,atts PPANKLiN 2C uo;0 30'x 1C ::�:.'x S—12' 2.' .o-1C' 1Oco warts • Mechanical Featires•Unitized bal- Lotions • Photoelectric control re- last system is removable or quick ct_c!e • Single or declex weather- - c:nr+.eCV'ccscr.rect,easy ire ailadcn roof receptacle • Wail-rncunt:n • aric servicing • Clear g:sss lens is D ackes arm arms• Baked enamel or thermal and :moact•ternoerrd. • Pie- anodic hard-coat tintsnec in a wide Hector!s hinged and aesied against a rarce of colors. ore caeca E.• .C.ti:.casket.•Extruded - aluminum am has threaded, galva- r.ized steel te !eds.•Door frame as- sembly features dntinuous extruded • aiuminum frame. Photometric Features•Die-fanned, semi-specular ref!sc:cr system in . i • standard IES drstr:bution patterns II, III and V. A forward distribution fi reflector Is also available. 1000 Watt Franklin has bilateral adjustable reflector • Designed and manufac- i tured to meet or exceed UL and NEC • • s^ec!ications. All fixtures bear the • - 1 BEW label. • ' t w,':;": = C•.1%'^_']t-.'J••_ -.1 - .-- -.`____ -a��_�•�'tf rk.-'i:' ...St- t'•:C--} �:,?!17..i•C;%r..r,y.��_ - - S•��. .,=. - - '• '' - s;_ _• _ -'ia•"•'is :5_.. _ - •_•_' _:r,..1_-..� _ •i�,5-•`�. _ _ .fir.=�:,.- _ '•'.: • -._ - - _ - _.i::_:_ _ _ -J_ -TiY.r..� _ _ - - _ -l'. _ _:.:-•:::-.-..-- _.�."'-7•• Jul'••.•.:t••.eat•'T,'\ - '-_ :- - . • +v - - • • - . `__a_ ,4}� •'-- - - - -_- - - -•j...�•I:ice. -' �•� /'• .1 y. - - - -i _{{� .'. -• - ._- = - ;n: .�}•••✓•. .S• .�-: e.'•.. •vl -,, - - -I_- a -*.;:ice'` :./`rJ"al h....p.-0. " - M Yf1 � ' .. ..4= +te - 'Z - \ '•-s _ - t:� -. ...:.•- .... - �f �• _ _ Y • - `v;. tit • 4. ,' t '-.- - 11 - : i ,� •• _ - - _ •-e . ,��• - ��nz---"-_-.• ter .-:-7-.0 -. ` _ _ i �•.c s• idC fr .'. �`""'... •gy p_ 4:�-=ter:�j_1r•...ZrT��+ - --_ - — - / _ -7_ - - -. '- �J': +'--.+1 ',, —'4...t.'-'S.—:.'-•a t.+{{•-- -- - -'_:- - i - E,' �.-,. :..o-- •- a ar-•.., �•y,�.-.'. . ,- _ -- _ •- - _ •-_ -_ = - - _ •?i%aj!d--=.:S-v ''jam±=•^"r7.:)1�i•�It }j _:tom:: te0 r �+��'•_ .-.-i ., •. J:Y.3'•- '---r-— -:.'_t'-•y.'. 'M\�"\. tom .=••.7 • 5 v t:nNCt� 7 CITY COUNCIL AGENDA DATE: November 12,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of The Vintage Engineering Services L Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of The Vintage. Synopsis This proposal is located south of Riverview Road at Parker Drive. The plat consists of 34.7 acres to be divided into 28 single family lots,three outlots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council September 3, 2002. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 1, 2002. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,330.00. • Receipt of street lighting fee in the amount of$8.415.70. • Receipt of street sign fee in the amount of$621.30. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall submit contract with a qualified wetland consultant. • Prior to release of final plat, Developer shall submit a Conservation Easement for the delineated areas. • Prior to release of final plat,Developer shall submit a wetland performance bond. • Revision of plat to include the underlying roadway easement of Riverview Road. • Revision of plat to include drainage and utility easement over the Conservation Easement along Lots 10-16, Block 1. Attachments Drawing of final plat THE VINTAGE ( sheet 2 osheets) R.T. DoC: NO. ,.-east fine of Carl Lot 2tt<Lv aT t�.� • • ,' 425-97 1 • scuff py unc 9579 227.J6 191.63 q. �a84 ,,5fi 15�/ I I ///�>'. _ / .z/ I I / a.2% .���`: D'lf� / / I OIJiLOTB / v'�' I / / � ,,y�i �t o � I" 60/ I / *j�(�"�� ,, 2°2'fr ��� \��'� I� I .5, / I het N24°4a • 3� \°.° \ 8 1= I g Eby �Q I • ,o / / n / y • \� 110Ia1 / / _7 J y' • / \ y m\ \ \ l� �"3 `J� / — — NOf°2J'S v 4.86 aa[O°307 / 4'W 229.37 • /S6 Oq vo 2k/ \ \o \ �0�4 oo / o — — — Drainage and Utility Eos•m•nts are shown thus /S�cO }10v �11 6`'' • \ _� 6• :N\ �10`• 55' `` d:129.. ?•�i, of 6'1 0/ I I t 5 ' / —L 1-5 IO�ro ts�k1 $/"�O 0 \\�' \ 10,a�/IO / �• U='29' ▪\ • \/ o e ly Za7� 5 \\ / • 7 26 2 N` \• p �` 11 I I0 I I 70 0o e / \ 's\ \\ Q00 N7 /i�(�•s�i g05 I ----�---J t__--�---- 1. \ / m;, / ,o' a23'09 (V"�' • _ y \ J` V N23 Rl - k v1 I ! (No 5cde) pry `/ `ram �2 . /90t1 P' / \ o _ " a b BeM 5/set M rtd 4 •' 376 1,45j o +k OUTLOT L` ` NOI°14.33-W 25I.96 .J 9 a+.uMess aNen lsa Mdlcotsd t J }! 1 %L eed adjoining lot 1M.�and 70 laet M ddth, 9 \ 8 / \c• Drainage Jr Utility Easement - • unless otherwise indicated and adjoining / 4 \ �0 . �57�7. • +r i . / \, over WI of Outlot C _ •`,� right-of-way lines as shown on the plot. / 0 �% 7.\ _ is..- \ , / 0 . 9/ \\ 6 / • / I ii \ \ �2if < OS 0.'` •� �d \\i / E 130,16 i / m * — • I, L I J, 4' 5/'\ 6. \ q >� .I /� ba / \\`: \\ / /... . ti /`$ • o NO!°J3"15"W 264�- • . �JJO ti . ^p 3 47.014 W I„ CI / \\ / . •. � �+a. /` wI h4 V° 8 V .01h' \is9 h / o �Nl�°7336 17 II 8 \\ %A \ �? / -'3l I 2 Al Ig r +r • z m 'L — — 24.97- o58187! wa�S •�.�xi N / 1 �I 2 I^ �' • NOS°25 UO'W 773.10 • �0 \\oo I L N00°4127£ 277.69 J b b47,.. / • El I 2 ( mI I u \ \.> /p°+ I— 50 0 50 100 750 b .. V / n \r a 3 I Scale in feet ti N0�15 14Z27 - -- ��.1 I , 1 tI I 2 m3 N\ lm I b l(t��, ! I /:: f: ,///''''4''' ,O5,1 =I I 2 �\• ooa J�`i j4. (O°'i : p ,`a D�►15� I I ,./1,1vr q4 t, b` o Denotes 1/2 inch by 14 inch iron /e .v/ I -3N et/ , ,o'er I monument set and marked by 11 ° l. ÀY 1+ — J L - - - J L _ - - - -T2 yq �e�`. I GeenseNo. 12043 �- — e 4 +.� 93.?? 101.78 • 10338 ; y 11 _o op y - .'A 1 V q/ I • Denotes Monument Found t / �fy (irA RIDGE + 40 7 o 00 �� 4 N db n 5 �N1075' '� • o ¢q- Q4 V - - NOi°J9"O4'W J77.28 - - 1 47, / o=E z-27 ;= J=p4J Found Hennepin County Iron + D/ s ` t Monument 1 C\ �Y \ z 5t ii q1r� + P. + 4 2� 15 • //� ,'i �. 9E54 105.00 105.00 _ -29.57�p 5 \ Hearings shown on this plat are — ;.°25 as 40 7 4e' ri\r,— — — — — --� �- {� I based on an assumed datum. • ao8 O'0'11V 6,91A y7�S1 I' 1v e 1 01 I 1 ,‘0\\ _�25 �- m % m 1 it 1 IH ���, , 5 4�° t q. I IN I IN I NI Q 1 1• � \�� 1b j� 20 11� 1 Io '41 m �P�• 11 1 1� . 1 1 aI 1 1� �,�> . I 1t J L - - - -� -- -�aa --- - � ►- _ _ _ _ _ ��'�— Westwood _.. .. rYe? . - -- - - Professional Services,Inc 55 Sheet 3 of 3 sheets CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MI NESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE VINTAGE WHEREAS, the plat of The Vintage has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Vintage is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 12, 2002. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 12,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk CITY COUNCIL AGENDA • DATE: November 12,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Southwest Station 2nd Engineering Services Addition .J- Randy Slick/ Eugene A. Dietz Requested Action • Move to: Adopt the resolution approving the final plat of Southwest Station 2"d Addition. Synopsis This development is located in the northwest corner of Prairie Center Drive and Technology Drive. The plat consists of 20.3 acres to be divided into six lots. Lots 1, 2 and 4 are proposed restaurant sites,retail use is planned for Lot 3. The existing parking structure is located on Lot 5 and Lot 6 will consist of townhome/apartment units. This is a replat of Lot 1,Block 1 and Outlot A, Southwest Station. Background Information • The preliminary plat was approved by the City Council October 1, 2002. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement is scheduled on November 12, 2002. • Approval of the fmal plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,334.50. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement. • • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. • Prior to release of fmal plat, Developer shall submit a signed cross-access and maintenance agreement. • Prior to release of final plat, Developer shall include on the final plat adequate right-of-way for proposed bridge, trail and pedestrian lighting adjacent to Purgatory Creek for the future widening of Technology Drive. • Revision to plat to include the removal of the drainage and utility easement over the proposed pond within Lot 5. • Revision to plat to include perimeter drainage and utility easement on all lots. Attachments • Drawing of final plat CT .1 f ! ,E la r j t CQ6A T 3NZIK EVR to room- i iLa — our�eo �- > [ V) a �� Ire- n i 0 O I M tS — z, —' 8 c m I. ` .$4,„ Z—�,- F S 1 cC cC 1 1) ,� b. W'CC ^Y m 0 e i— Q .t of `jiS H. g o -5 C— $i I:, z y p \ uxs o % o ea, 6 m 41 Ca r weoa o n n o 6 =IL 5 = 0 ;:�. _ -i - onr: , : of r—c� N n I .r /�C1_� mot. {.--- \ • mar v y,,,3.s. e n a= Q la "mggE `.\ E ae — o i { 5< EFt't a-, L9 0 $ iMEus ; <i j_ __; __ a N 9,M s¢5 a j7gr 5L0,, {� � ;—" \b 4 K et-� p 0 �� r� o9 g 0 - : \t1. J` �1' `Li h _L- V V j�N \�, V_ • Z ,n & F-- \ r cmd v , . I Z :I: -_ L_ O F • F-- a Fl_ e a . W fA o� rn V1 j . V ! mfrN i Z e+� • W W f-- v 0Is .... Hrr.is% F V e `i, m a • f / `' � i Y S 40 / / = w /rye �.ry W / no /Ica L --!— sK 8 tz5•4216,1 Z161 269-27 3,S/,ZO.ZN •,rt.1 1r i y %�iwii —,t•r, a •• 1 'u::Y.J i,iJV :Vi\,i:J-,- J:. [ I FT . E F 'e S a cs 1 w : . i m & ! 0 0a 9 M L a i ffi 5 jEO p Z-�-- F 8 i 1=,C 4 w z i IliO a $ $ _; ' gi a3 i W P .9 21:1- .1 = O 1 \ _ Y oo Er s01.59'43"E 14028 1 E 45 zG b N e 1 Ea b i� O yeg5, N 't —F �_(— —1 g nz_ I . gw = N m�i _eo CI n R. Nn CIt Q de \ ; a P., _$ ` �Y n� a c.- N2in LYLC .' L. { aoe.sosws Ma 3 _ •.../ 519, 58 itTELI t__ 0 4— sovsa�e W' treatnGS <i Htrros 4 6 r` I <s gar f I\ mg'e'I oy V / fA y E' 4 I Cl) - n V / F� 0 5. .P W o LLi i:` L.� I 4A z NN -r- C3 14- i�" T I, i_ r /I\ Ici+ Cr) W Co {95l i1'mar r HAM za `I� o �cm- br � I / Ym on In �U1m$ Cee d olu�i arm ? • rio ,fI e^ m ' L{'OL{ cb a l� o` HIMGMWOI I itg2 ''i % f~ 3�� yny -,- • • ..- It W= n •a. 6bry 0ti �_ I `' z ^9ivet. HLLOH InQl - _- /f W- Ht BM/W R 5-6 1 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST STATION 2ND ADDITION WHEREAS,the plat of Southwest Station 2na Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Southwest Station 2na Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 12, 2002. • B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 12,2002. • Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent November 12,2002 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: DIVISION: Second Reading of an Ordinance Amending City Gene Dietz - Code Section 9.71,Relating Maintenance of Engineering Department Vegetation Requested Action MOTION: Approve the second reading of the Ordinance amending City Code Section 9.71, relating to Maintenance of Vegetation. Synopsis This minor code change is to make the language regarding how we collect special assessments for non payment of"weed cutting"bills conform to our actual practice in conformance with Statutory regulations. The first reading of this Ordinance was approved at the October 15,2002, Council meeting. Background During the process of revising the City Code to allow maintenance and preservation of native plantings in certain areas on private property,the language on the process of collection unpaid bills was inadvertently changed. The language allowed the certification of delinquent billings by the City Clerk,when in fact the City Council authorizes certification of unpaid bills to Hennepin County after a specific notification and hearing process. Staff has always followed the correct process;this code change merely corrects the language in the City Code. Attachments Ordinance 60 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.71,SUBD. 7,RELATING TO MAINTENANCE OF VEGETATION;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 9.71 as follows: SECTION 9.71. MAINTENANCE OF VEGETATION. Subd. 7. A. Notice. Once a failure to comply with the height, set back, maintenance, weed, and annual cutting requirements as required by this Section is identified, notice of such failure shall be given by the City to the affected property owner. The notice shall state and describe the property affected; allow seven (7) days for the property owner to cause such vegetation to be cut, removed and/or treated for weeds; that if such vegetation is not cut, removed and/or treated for weeds within the stated time the City will cause such vegetation to be cut, removed and/or treated for weeds; that all cost thereof will be billed to the property owner payable within thirty(30) days; and that if payment is not received within thirty(30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minnesota Statutes §429.101 or any similar provision hereafter enacted. The notice shall be served in the same manner as the notice set forth in Section 9.70, Subdivision 6.E. B. Assessment. In all cases in which vegetation is cut, removed and/or treated for weeds or caused to be by the City, the costs, if not paid by the owner as provided herein, shall be assessed against the property from which such vegetation is cut, removed and/or treated for weeds pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed one (1) year form the date of assessment. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from enforcement of this ordinance. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. 61 Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of October,2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2002. CITY COUNCIL AGENDA DATE: SECTION: Consent November 12,2002 ITEM DESCRIPTION: DEPARTMENT/DIVISION: ITEM NO.: Office of City Manager Second Reading of an Ordinance Amending City Code Chapter 2.30 and 2.32,Relating to , Organizational Restructuring Requested Action Move to: Approve the second reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring and adopt Resolution approving Summary Ordinance. Synopsis The City Code is being amended to reflect the organizational restructuring that began July 1, 2002. The first reading of the Ordinance was approved by the Council on October 15, 2002. Background The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes I implemented on July 1,2002, and on August 29, 2002. The ordinance also formally recognizes the changes in departmental titles and reporting structures. All changes included in the proposed ordinance have been previously announced to the City Council and to City employees. Attachments Ordinance Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30 IN ITS ENTIRETY, RELATING TO CITY SERVICE AREAS; AMENDING SECTION 2.32 IN ITS • ENTIRETY,RELATING TO ISSUANCE OF CITATIONS; PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending in its entirety Section 2.30 as follows: SECTION 2.30. CITY DEPARTMENTS. Subd.1. City Manager. The City Manager shall be appointed by the Council and shall serve at the CounciPs pleasure. The Manager shall be the chief administrative officer of the City and all Departments of the City shall be under the overall control of the City Manager. The City Manager shall have the following general duties and responsibilities: A. Plan the organization of City staff and assign appropriate responsibility and authority for the efficient and effective delivery of City services. B. Prepare and administer the annual City budget;develop compensationplans and personnel policies for City staff consistent with good management practices. C. Prepare Council agendas and information for Council meetings with appropriate staff research and recommendations. D. Communicate effectively with council members,City staff,news media,other governmental agencies,and the public. E. The City Manager, with the consent of the Council, shall appoint a City Attorney, who shall serve at the pleasure of the Council. The City Attorney shall perform such duties as are required by law or referred by the Council. F. The City Manager shall appoint a City Clerk. It shall be the duty of the City Clerk to carry out the provisions of State Statute§412.151. Subd. 2. Department of Management&Budget. A Department of Management&Budget is hereby established.The head of this department is the Director of Management&Budget. All matters relating to Finance,Human Resources, Economic Development,Housing and Redevelopment,Information Technology,Customer Service,Facilities,and Liquor shall be the responsibility of this Department. The Director of Management&Budget shall serve as the City Treasurer and carry out the provisions of State Statute §412.141. Subd. 3. Community Development Department. A Community Development D epartment is hereby established.The head of this Department is the Director of Community Development. All matters relating to Comprehensive Planning, Historical Preservation,Assessing,Inspections and Zoning Administration are the responsibility of this department. This department directs and coordinates the City's development review process. This Department shall include the Assessing Division. The manager of the Assessing Division is the City Assessor. All matters of levies and assessments shall be the responsibility of this division. This Department shall include the Building Inspections Division. The head of this division shall be the Manager of Inspections referred to in the State Building Code as the "Building Official." It shall be the duty and power of this position to carry out the provisions of the State Building Code and the provisions of the City Code relating to construction. Subd. 4.Police Department. A Police Department is hereby established. The head of this department is the Police Chief. All matters of law enforcement and civil defense shall be the responsibility of this Department. The Chief of Police shall serve as the Chief Law Enforcement Officer of the City. Subd.5.Fire Department. A Fire Department is hereby established. The head of this department is the Fire Chief. All matters of fire protection and fire inspection shall be the responsibility of this Department. Subd. 6. Public Works Department. A Public Works Department is hereby established. The head of this Department is the Director of Public Works. All matters relating to engineering,streets,water and sewer are the responsibility of this Department. Subd. 7. Parks and Recreation Department. A Parks and Recreation Department is hereby established. The head of this Department is the Director of Parks and Recreation. All park and recreation facilities,recreation programs and activities,natural resources management,and municipal cemetery shall be the responsibility of this Department. Section 2. The Eden Prairie City Code shall be amended by amending in its entirety Section 2.32 as follows: SECTION 2.32. ISSUANCE OF CITATIONS. The following employees of the City of Eden Prairie,while in the course and scope of the performance of their duties as employees, may issue citations in lieu of arrest or continued detention: Office of City Manager City Manager City Clerk Management Services Director of Management&Budget Facilities Manager Community Development Department Director of Community Development Plan Reviewer Community Planner Manager of InspectionsBuilding Official Building Inspectors Zoning Administrator Public Safety Department Chief of Police Police Officers Parking Enforcement Officer Reserve Officers Animal Control Officers Fire Chief Fire Marshal Fire Inspector Public Works Department Director of Public Works City Engineer Assistant City Engineer Project Engineer Manager of Street Maintenance Manager of Utility Operations Foreman/Supervisor Engineering Technician Environmental Coordinator Parks and Recreation Department Director of Parks and Recreation Parks and Recreation Manager Park Planner Tree Inspector Park Ranger Foreman/Supervisor Community Center Managers and Coordinators Section 3. The City Clerk shall change each term under the column heading "EXISTING TERM" or a respectively similar term wherever they appear in the Eden Prairie City Code to the term listed under the column heading"NEW TERM"or to a respectively similar term. In the case of the Public Safety Services Area the term shall be changed to Police Department or Fire Department as appropriate. In the case of the Public Safety Services Director the term shall be changed to Chief of Police or Fire Chief as appropriate. EXISTING TERM NEW TERM Public Safety Services Area Police Department(as appropriate) Fire Department(as appropriate) Public Works Services Area Public Works Department Community Development and Community Development Department Financial Services Area Parks and Recreation Services Parks and Recreation Department Area Community Development and Community Development Financial Services Area Management Services Area Management&Budget Department Director of Public Safety Services Chief of Police(as appropriate) Fire Chief(as appropriate) Director of Public Works Services Director of Public Works Director of Community Development Director of Community Development And Financial Services Director of Community Development Director of Community Development And Financial Services Director of Parks and Recreation Director of Parks and Recreation Services Director of Management Services Director of Management&Finance Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of October,2002,and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of November,2002. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of , 2002. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2002 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2002 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the day of November, 2002; NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. -2002 is lengthy and contains charts. B. The test of summary of Ordinance No. -2002, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance_-2002 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on November ,2002. Nancy Tyra-Lukens,Mayor ATTEST: (Seal) Kathleen Porta, Clerk (o7a. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30 IN ITS ENTIRETY, RELATING TO CITY SERVICE AREAS; AMENDING SECTION 2.32 IN ITS ENTIRETY, RELATING TO ISSUANCE OF CITATIONS; PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, ALONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. =2002. The full test is available for public inspection by any person during regular office hours at the office of the City Clerk. Section 2.30- City Departments The ordinance removes all references to service areas and services renaming them as specific departments. The Management Services Area has been changed to Department of Management & Budget with responsibility over matters relating to Finance, Human Resources, Economic Development, Housing and Redevelopment, Information Technology, Customer Service, Facilities, and Liquor. The Director of Management & Budget will serve as the City Treasurer and carry out the provisions of State Statute § 412.141. Community Development & Financial Services Area has been changed to Community Development Department with responsibility over all matters relating to Comprehensive Planning, Historical Preservation, Assessing, Inspections, and Zoning Administration. Public Safety Services Area has been deleted and separate sections have been added for the Police Department and the Fire Department. The Public Works Service Area has been changed to Public Works Department and the Parks &Recreation Services Area has been changed to Parks &Recreation Department. Section 2.32-Issuance of Citations The ordinance amends the list of employees at the City of Eden Prairie who may issue citations in lieu of arrest or continued detention. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent November 12,2002 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, Second Reading of an Ordinance Amending -. f City Manager City Code Chapter 9 by Adding Section 9.42 Relating to Smoke-Free Environments Requested Action: Move to: Approve Second Reading of an Ordinance Amending City Code Chapter 9 by Adding Section 9.42 Relating to Smoke-Free Environments; and Adopting By Reference City Code Chapter 1 And Section 9.99 Which, Among Other Things, Contain Penalty Provisions. Synopsis: This ordinance was prepared at request of the City Council based on the consensus of the Councilmembers following the October 1,2002,Workshop. The Ordinance was discussed and amended at the October 15 Council Meeting. The first reading of the attached Ordinance was approved at the October 15 City Council Meeting. Background Information: 1 CITY OF EDEN PRAIRIE 2 HENNEPIN COUNTY, MINNESOTA 3 4 ORDINANCE NO. -2002 5 6 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY 7 CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY REFERENCE 8 CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, 9 CONTAIN PENALTY PROVISIONS. 10 11 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 12 13 Section 1. City Code Chapter 9 is amended by adding Section 9.42 as follows: 14 15 Section 9.42. Eden Prairie Smokefree Air Ordinance of 2002. This 16 Section shall be known as the Eden Prairie Smokefree Air Ordinance of 17 2002. 18 19 Subd. 1. General Provisions 20 21 A. Findings and Intent. The Eden Prairie City Council does 22 hereby find that: 23 24 (1) Numerous studies have found that tobacco smoke is a major 25 contributor to indoor air pollution, and that breathing 26 secondhand smoke (also known as environmental tobacco 27 smoke) is a cause of disease in healthy nonsmokers, 28 including heart disease, stroke, respiratory disease, and lung 29 cancer. The U.S. Surgeon General has determined that 30 secondhand smoke is responsible for the early deaths of 31 65,000 Americans annually. 32 33 (2) The Public Health Service's National Toxicology Program 34 has listed secondhand smoke as a known carcinogen (U.S. 35 DHHS, 2000, citing Cal. EPA, 1997). 36 37 (3) Secondhand smoke is particularly hazardous to elderly 38 people, individuals with cardiovascular disease, and 39 individuals with impaired respiratory function, including 40 asthmatics and those with obstructive airway disease. 41 Children exposed to secondhand smoke have an increased 1 1 42 risk of asthma, respiratory infections, sudden infant death 43 syndrome, developmental abnormalities, and cancer. 44 45 (4) The Americans With Disabilities Act, which requires that 46 disabled persons have access to public places and 47 workplaces, deems impaired respiratory function to be a 48 disability. 49 50 (5) The U.S. Surgeon General has determined that the simple 51 separation of smokers and nonsmokers within the same air 52 space may reduce, but does not eliminate, the exposure of 53 nonsmokers to secondhand smoke. The Environmental 54 Protection Agency has determined that secondhand smoke 55 cannot be reduced to safe levels in businesses by high rates 56 of ventilation. Air cleaners, which are only capable of filtering 57 the particulate matter and odors in smoke, do not eliminate 58 the known toxins in secondhand smoke. 59 60 (6) A significant amount of secondhand smoke exposure occurs 61 in the workplace. Employees who work in smoke-filled 62 businesses suffer a 25-50% higher risk of heart attack and 63 higher rates of death from cardiovascular disease and 64 cancer, as well as increased acute respiratory disease and 65 measurable decrease in lung function. 66 67 (7) Smoke-filled workplaces result in higher worker absenteeism 68 due to respiratory disease, lower productivity, higher 69 cleaning and maintenance costs, increased health insurance 70 rates, and increased liability claims for diseases related to 71 exposure to secondhand smoke. 72 73 (8) Smoking is a potential cause of fires. 74 75 (9) Accordingly, the Eden Prairie City Council finds and declares 76 that the purposes of this ordinance are (1)to protect the 77 public health and welfare by prohibiting smoking in city 78 facilities and parks. 79 80 B. Definitions. For the purpose of this section, the following terms 81 shall have the meanings: 82 2 -70 83 1. "City Facilities" means buildings owned or operated by the 84 City, including owned or operated outdoor areas of the lot or 85 parcel on which the building is situated. 86 87 2. "Parks" means any open or enclosed land and 88 improvements or facility wherever located which is owned, 89 leased or operated by the City and which is reserved, 90 designated or used for a playground, picnic area, garden 91 area, beach, or other recreational or open space area. 92 93 3. "Smoking" means inhaling, exhaling, burning, or carrying any 94 lighted cigar, cigarette, pipe, weed, or plant in any manner or 95 in any form. 96 97 98 Subd. 2. General Restrictions 99 100 A. Prohibition of Smoking in Certain Areas. Smoking is 101 prohibited in the following areas: 102 103 1. Parks; 104 105 2. City Facilities; 106 107 3. Inside motor vehicles owned or operated by the City 108 when occupied by two or more persons. 109 110 4. Inside motor vehicles at City Facilities and Parks. 111 112 B. Where Smoking Not Regulated. Notwithstanding any other 113 provision of this Section to the contrary, the following areas shall be 114 exempt from the provisions of this Section: 115 116 1. Leases of City Facilities, or those portions thereof, to non- 117 City entities or individuals which have been entered into prior 118 to the adoption of this ordinance, 119 120 2. In designated outdoor areas of City Facilities; and 121 122 3. City streets, easements, sidewalks, trails (except trails 123 adjacent to or within Parks) and paths. 124 3 125 C. Posting of Signs 126 127 1. "No Smoking" signs or the international "No Smoking" 128 symbol (consisting of a pictorial representation of a burning 129 cigarette enclosed in a red circle with a red bar across it) 130 shall be clearly and conspicuously posted outside every 131 City Facility and Park. 132 133 2. All ashtrays and other smoking paraphernalia shall be 134 removed from every area where smoking is prohibited 135 under this Section. 136 137 Subd. 3. Enforcement 138 139 A. Complaints. Any citizen who desires to register a complaint 140 under this Section may initiate enforcement with the City Manager 141 or his/her designee. 142 143 B. Violation and Penalty. It shall be a petty misdemeanor for any 144 person to smoke in an area where smoking is prohibited by the 145 provisions of this Section. The fine for violation of this provision 146 shall be $100 plus all surcharges mandated by law. 147 148 C. Other Applicable Laws. This Section shall not be interpreted 149 or construed to permit smoking where it is otherwise restricted by 150 other applicable laws. 151 152 D. Severability. If any provision, clause, sentence, or paragraph of 153 this Section or the application thereof to any person or 154 circumstances shall be held invalid, that invalidity shall not affect 155 the other provisions of this Section which can be given effect 156 without the invalid provision or application, and to this end the 157 provisions of this Section are declared to be severable. 158 . 159 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions 160 Applicable to the Entire City Code Including Penalty for Violation" 161 and Section 9.99 entitled "Violation a Misdemeanor" are hereby 162 adopted in their entirety, by reference, as though repeated verbatim 163 herein. 164 165 Section 3. This Ordinance shall become effective after its passage and 166 publication on January 1, 2003. 4 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 185 day of , 2002, and finally read and adopted and ordered published 186 at a regular meeting of the City Council of said City on the day of 187 2002. 188 189 190 191 192 193 194 City Clerk Mayor 195 196 197 PUBLISHED in the Eden Prairie News on the day of , 2002. 198 199 200 ep\smoking ban\Smoke Free Ordinance.101602 201 202 203 204 205 206 5 -13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 31-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No.31-2002. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the ordinance is to prohibit smoking in city parks, city facilities, inside motor vehicles owned or operated by the City when occupied by two or more persons, and inside motor vehicles at city facilities and parks. The following areas are exempt from the ordinance: leases of city facilities or those portions thereof to non-city entities or individuals which have been entered into prior to the adoption of the ordinance; designated outdoor areas of city facilities; city streets, easements, sidewalks, trails (except trials adjacent to or within parks) and paths. The ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 9.99, which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002-179 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO.31-2002 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 31-2002 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 12th day of November,2002; NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 31-2002 is lengthy and contains charts. B. The test of summary of Ordinance No. 31-2002, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 31-2002 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on November 12, 2002. Nancy Tyra-Lukens,Mayor ATTEST: (Seal) Kathleen Porta, Clerk CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR 11-12-02 SERVICE AREA/DIVISION: ITEM DESCRIPTION: I'1'LM NO.: Police Department Animal Impound Services Agreement with the Lt.Rob Reynolds City of Bloomington ' Requested Action: MOTION: Approve Animal Impound Services Agreement with the City of Bloomington. Synopsis: The City of Bloomington is requesting an agreement with the City of Eden Prairie for their animal impound services. Background Information: The City of Bloomington has facilities for the impoundment of animals. The City of Eden Prairie has used Bloomington's services for over twenty years without a written agreement. After reviewing their operational procedures, Bloomington is requesting that they have agreements with all agencies who use their animal impound facility. The City Attorney's office has approved the agreement. Attachments: Agreement AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF EDEN PRAIRIE FOR ANIMAL IIVIPOUND SERVICES This agreement is between the undersigned parties, City of Bloomington, a Minnesota municipal corporation located at 2215 West Old Shakopee Road (hereinafter the "City"), and the City of Eden Prairie, (hereinafter the"Requestor"), a Minnesota municipal corporation located at 8080 Mitchell Road,Eden Prairie,Minnesota and is dated this day of ,2002. WHEREAS, the City has the facilities for the impoundment of animals available for use by the Requestor under the control and direction of its Police Department; WHEREAS, the Requestor desires to use the City's facilities for the boarding and release or disposal of those domestic animals it impounds; WHEREAS, the parties have agreed on the type and manner of use of the City's facilities by the Requestor; NOW THEREFORE,in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from November 2, 2002,to November 1, 2003, subject to termination as provided herein. II. DUTIES OF THE CITY A. The City will receive from the Requestor domestic animals,excluding any mammal, amphibian,reptile or bird which is of a species not usually domesticated and of a species which, due to size,wild nature or other characteristic,is dangerous to humans,reserving the right to at any time �C 1 5 refuse to accept any animal based upon the condition or nature of the animal or lack of staff or available space at its facility. B. The City will exercise reasonable care in feeding,boarding and caring for the animals received from the Requestor while they remain under its care, custody and control. C. The City will release animals received from the Requestor to the animal's respective claimants in accordance with the City's or the Requestor's redemption criteria,if different therefrom and known to the City,upon the claimant's payment in full to the City of the total per diem Boarding Fee, Administrative Charge and any other costs incurred in boarding the • animal, including the cost of any medical care provided. D. The City will exercise reasonable care in disposing of animals received from the Requestor in accordance with the City's disposal criteria, state law and local ordinances. Methods of disposal shall be determined by the City and will include without limitation, sale, adoption, destruction and donation. III. DUTIES OF THE REQUESTOR A. The Requestor will deliver animals to the City in good health and in accordance with the City's operating procedures,understanding that the City may at any time refuse to accept an animal based upon the condition or nature of the animal or the availability of space at its facility. B. The Requestor authorizes the City to destroy in a humane and proper manner those animals it delivers to the City in accordance with 2 7 Bloomington City Code§14.96(i) [seized dangerous dogs], §14.137.09 [unlicensed dogs and cats,wild animals,unrestrained animals] each providing that animals unclaimed after 7 days may be destroyed; and Minn. Stat. §343.235 [disposition of seized animals that have been cruelly treated] providing that such animals unclaimed may be destroyed after ten (10) days. - C. The Requestor agrees to comply with all animal shelter operating . procedures established by the City. It is understood and agreed that the City has authority to arrange for veterinary care of animals impounded by the Requestor that the City,in its sole discretion, determines to be sick or injured and in need of such care. The Requestor agrees to reimburse the City for the cost thereof, including all staff and administrative costs. D. The Requestor agrees to pay the City within thirty(30)days of the date of invoice for the services rendered pursuant to this Agreement and assessed in accordance with the fee schedule attached hereto and incorporated herein by reference as Exhibit A and understands that late payments will be assessed interest at the rate determined by the state court administrator under Minn. Stat. §549.09, Subd. 1(c)which shall start to accrue on the thirtieth(30th) calendar day following the invoice date and will continue to accrue on any unpaid balance until paid in full. In addition, a late payment penalty of$30.00 shall be added to the amount due. E. The Requestor shall be responsible for checking for identification on those animals it delivers to the City and for prompt notification of identified 3 owners of the location and impoundment of the animal by the most expedient means. IV. GENERAL TERMS: A. Hold Harmless/Indemnification: The Requestor shall defend,indemnify and hold harmless the City,its officials,employees and agents, from any and all claims, causes of action, lawsuits,damages,losses,or expenses, including attorney fees, directly or indirectly arising out of or resulting from, in whole or in part,the City's performance of any of the duties set forth in this Agreement except where such claim, damages, loss or expense is attributable to bodily injury, sickness,diseases, death, or injury to or destruction of property(including the loss of use resulting therefrom) caused by any grossly negligent act or omission or willful misconduct by the City. Nothing herein shall be deemed to prevent the City from participating in the defense of any litigation by its own legal counsel at its own sole cost and expense. B. Independent Contractor: It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the undersigned parties hereto or as constituting one party's employees, agents,officials or staff as the agents, representatives, employees or staff of the other for any purpose or in any manner whatsoever. C. Non-Assignment: The undersigned parties stipulate that this Agreement is not assignable. • 4 D. Compliance with Applicable Laws: The undersigned parties agree to comply with all applicable local,state and federal laws,rules and regulations in force or hereafter enacted,in the performance of the duties under this Agreement,including but not limited to the applicable provisions of the Minn. Govt. Data Practices Act,Minn. Stat. Chap. 13. E. Entire Agreement: The undersigned parties stipulate that this Agreement represents the entire Agreement between them and supersedes and cancels any and all prior agreements or proposals,written or oral,between the parties relating to the subject matter hereof; and amendments, addenda, alterations,or modifications to the terms and conditions of this Agreement must be in writing and signed by both parties. F. Mediation: The undersigned parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St.Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement,mediation shall be non-binding. In the event mediation is unsuccessful,either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. G. Governing Law: The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the undersigned parties and -7q 5 their performance under it. The exclusive venue and jurisdiction of any litigation hereunder will be those courts located in the County of Hennepin, State of Minnesota. H. Severability: If any provision of this Agreement is held invalid,illegal or unenforceable,the remaining provisions will not be affected. I. Termination: This Agreement may be terminated for any reason,upon the. giving of thirty(30)days written notice. Upon termination,the City shall be compensated for all services performed prior to the notice of termination. The City reserves the right to cancel this Agreement at any time in event of default or violation by the Requestor of any provision herein. Failure to make timely payment for two consecutive billing periods shall be considered a material breach of the terms of this Agreement and adequate grounds for its termination without prior notice. IN WITNESS HEREOF, I have executed this Agreement. REQUESTOR-CITY OF EDEN PRAIRIE Dated: By: Its Mayor By: Its City Manager CITY OF BLOOMINGTON Dated: By: Its Mayor Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney �I1 6 Exhibit A. Fees for the Boarding,Release and Disposal of Animals Received from Other Governmental Agencies Unclaimed Animals: Administrative charge $30.00 per animal Disposal $30.00 per animal Boarding $10.00 per day,per animal Claimed Animals: (To be collected from the claimant with the Requestor being ultimately responsible therefor.) Administrative charge $30.00 per animal Boarding $10.00 per day,per animal Adjustment of All Fees: These fees may be administratively adjusted from time-to-time without a formal amendment of the Agreement. Such adjustment shall be made in accordance with the following procedure: • a.) Fee adjustments are automatic when the City has,by Council action, adjusted its boarding,impound, administrative, sale&disposal fees for its own residents. b.) The adjusted fees shall not exceed the amounts set for City residents. c.) Initiation of a fee adjustment shall be made by thirty(30) day's written notice thereof to the Requestor. d.) The adjusted fees shall become effective unless,within thirty(30)days of the notice of fee adjustment the Requestor terminates this Agreement. "contractanimal impound" 7 7 CITY COUNCIL AGENDA DATE: November 12,2002 SECTION: Consent Calendar DEPARTMENT AREAJDIVISION: ITEM DESCRIPTION: LC. 01-5540 1'1'1 M NO.: Engineering Division Approve Change Order No. 1 for Mitchell Road Mary Krause Storm Sewer Improvements Eugene A.Dietz Requested Action Move to: Approve Change Order No. 1 for the Mitchell Road Storm Sewer Improvements from Kusske Construction in the amount of$8,830.50. Synopsis This change order is for additional rock the contractor needed to place within driveway and trail areas adjacent to the storm sewer installation along the west side of Mitchell Road due to existing poor soil conditions under the existing driveway and trail areas that were to be replaced. Attachments Change Order No. 1 for 01-5540 • • CHANGE ORDER.#1 Date: 10/10/02 To: City of Eden Prairie City Improvement Contract#: LC. 01-5540 Project Name: Mitchell Road Storm Sewer Improvements Contractor: Kusske Construction Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: - 1. Placed 3" minus in trail and driveways due to wet conditions. Adjustments to Contract Price: 1. 3" minus rock 420.5 tons @$21.00 $8,830.50 Summary of Contract Changes: Contact Amount prior to Change Order#1 $208,675.00 Net Increase resulting from Change Order#1 $ 8,830.00 Current Contract Amount including Change Order#1: $217,505.50 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson Inc. City of Eden Prairie likty By Date 101/4107- Date THE ABOVE CHANGES ARE ACCEPTED: Kusske onstruction By t/fic.. PreSdvd— Date at —1 ci—d 2— CITY COUNCIL AGENDA DATE: November 12,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: Engineering Services Requesting Mn/DOT to provide funding through the Randy Newton FY 2004 Municipal Agreement Program for the TH J t 212/Prairie Center Drive intersection improvements. Requested Action Move to: Approve resolution requesting Mn/DOT to provide funding through the FY 2004 Municipal Agreement Program for the TH 212/Prairie Center Drive intersection improvements. Synopsis City staff has submitted the TH 212 (Flying Cloud Drive) / Prairie Center Drive intersection improvement project to Mn/DOT for the FY 2004 Municipal Agreement Program. In order to complete the application a City Council Resolution requesting funding and stating that the City will complete the project if funding is provided is required. The proposed project is anticipated to significantly improve the operation of the intersection and the TH 212 corridor. Background Information • The TH 212 (Flying Cloud Drive) / Prairie Center Drive intersection improvement project was submitted to Mn/DOT for the FY 2003 Municipal Agreement Program and not selected for the 2003 program. Since that time city staff, working with SRF Consulting Group, has made minor modifications to the plan and obtained a Mn/DOT staff approved layout. The project was recently submitted to Mn/DOT for the FY 2004 Municipal Agreement Program in an effort to obtain funding assistance for the project. In order to complete the application a City Council Resolution requesting funding and stating that the City will complete the project if funding is provided is required. • The TH 212 (Flying Cloud Drive)/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The importance of this intersection to the City's transportation system along with the problems associated with its poor operation make its improvement one of the highest priorities in our system. Financial Implications The preliminary cost estimate for the TH 212 / Prairie Center Drive Intersection Improvement is $1,660,000. The estimate includes approximately $1,100,000 for roadway construction, $220,000 for design services, $110,000 for construction administration and $230,000 for right-of-way. The Municipal Agreement Program submittal requested Mn/DOT provide the construction administration and contribute $500,000 towards the construction costs. The City of Eden Prairie would be responsible for the remainder of the project costs($1,050,000). The City costs would come from the Major Center Area Construction Fund. Attachments FY 2004 Municipal Agreement Program Request Letter `7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING INCLUSION INTO MN/DOT'S FY 2004 MUNICIPAL AGREEMENT PROGRAM FOR THE TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT I.C. 01-5527 WHEREAS, the City of Eden Prairie wishes to improve the TH 212/Prairie Center Drive intersection; WHEREAS,the City of Eden Prairie has developed a preliminary layout plan for the intersection; WHEREAS,the City of Eden Prairie wishes to have the intersection improved on a faster schedule than Mn/DOT is able to provide; WHEREAS, the improvements contemplated in this project are important to the health, safety, and welfare of the residents of Eden Prairie. • NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie • that the City hereby requests inclusion of the TH 212/Prairie Center Drive Intersection Improvement Project into Mn/DOT's FY 2004 Municipal Agreement Program and that the City will complete the project if Mn/DOT funding is provided. • ADOPTED by the Eden Prairie City Council on November 12,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,Clerk ie0 Gizjof Eden Prairie 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 October 18,2002 Michael Kowski Cooperative Agreements Engineer Mn/DOT Metropolitan Division Waters Edge 1500 West County Road B2 Roseville,MN 55113 SUBJECT: Request for FY 2004 Municipal Agreement Program Funding TH 212/Prairie Center Drive Intersection Improvement Project Mr. Kowski: The City of Eden Prairie wishes'to submit the TH 212/Prairie Center Drive Intersection Improvement Project to the Mn/DOT Metropolitan Division's FY 2004 Municipal Agreement Program. The project is intended to improve the safety and capacity of the intersection through the addition of turn lanes,which will improve a major southbound bottleneck on the TH 212 High Priority Interregional Corridor(see attached layout). The estimated total cost for the project is $1,660,000,which includes an estimated , construction cost of$1,100,000. With this submittal the City of Eden Prairie is requesting that Mn/DOT provide $500,000 towards the construction cost of the project from the FY 2004 Municipal Agreement Program. The remainder of the project funding, including all design and right-of-way costs,will be the responsibility of the City of Eden Prairie. Project Description The TH 212/Prairie Center Drive intersection is located just southwest of Eden Prairie Center. It is the intersection of a High Priority Interregional Corridor(TH 212) and a high volume minor arterial(Prairie Center Drive). Both routes serve high volumes of daily commuters as well as the commercial area surrounding and including Eden Prairie Center. Currently the intersection experiences excessive vehicle delays and queues in the afternoon peak hour due to the large number of southbound(southwest)vehicles converging at this location and the insufficient intersection capacity. The congestion also results in reoccurring safety hazards due to excessive vehicle queues. The proposed project is planned to improve the bottleneck at the TH 212/Prairie Center Drive intersection and includes adding double left turn lanes on all approaches to the intersection and providing an eastbound to southbound free right turn movement. The Request for FY 2004 Municipal Agreement Program Funding TH 212/Prairie Center Drive Intersection Improvement Project October 18,2002 Page 2 of 3 proposed project also includes the addition of multi-use trails on both the east and west sides of TH 212 south of Prairie Center Drive. The project has been developed in coordination with Mn/DOT staff and has a Mn/DOT staff approved layout. The project includes the following elements that meet Mn/DOT's investment principles: 1) Preservation • Preserve the function of the existing Highway 212 corridor as a High Priority Interregional Corridor by removing a major bottleneck on the corridor. • Preserve the safety and capacity of two significant arterial roadways in the southwest metro area. 2) Management • Manage traffic safety by reducing vehicle queues that currently back up through adjacent intersections and create reoccurring safety hazards. • Manage multi-modal travel demand by providing multi-use trails along both the east and west side of TH 212 south of Prairie Center Drive. The trails will provide a pedestrian connection from the residential developments adjacent to TH 212 to the Eden Prairie Center and surrounding commercial area. Project Cost The preliminary cost estimate for the TH 212/Prairie Center Drive Intersection Improvement is $1,660,000. This estimate includes approximately$1,100,000 for roadway construction, $330,000 for design services and construction administration and $230,000 for right-of-way. With this submittal the City of Eden Prairie is requesting that Mn/DOT provide funding for$500,000 towards the construction cost of the project from FY 2004 Municipal Agreement Program Funding. It is also requested that Mn/DOT provide the construction administration for the project. The City of Eden Prairie will be responsible for the remainder of the project costs,including all design and right-of-way costs. Request for FY 2004 Municipal Agreement Program Funding 1'H 212/Prairie Center Drive Intersection Improvement Project October 18,2002 Page 3 of 3 Identified Needs The TH 212/Prairie Center Drive intersection experiences daily congestion due to insufficient intersection capacity. The resulting vehicle queues also create reoccurring safety hazards at adjacent intersections. The problems associated with this segment of TH 212, a large portion of which can be attributed to the Prairie Center Drive intersection,were documented as follows in the 2001 Metro Division TSP: • Identified as a congested highway segment in both 2000(Figure 3-11) and 2025 (Figure 3-12). • Identified as a high crash cost highway segment(Figure 3-15). In addition, the importance of the TH 212 corridor to both the Metropolitan Area and to the State of Minnesota has been established with its designation as a High Priority Interregional Corridor. The proposed intersection improvements will significantly benefit the TH 212 corridor by improving the operation and mobility of a congested segment of the corridor. Please note that a City Council Resolution requesting funding from Mn/DOT will be obtained in November. Once this is obtained a copy will be forwarded to you for your records. Thank you for consideration of our submittal. If you have questions regarding this project,please contact Randy Newton at 952 949-8339. Sincerely, 1 d/4 / Alan Gray,P.E. 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N 0 0.-0 0 0.0 0 0 0 mo t!O Z tO 10 tO 00010 td 00010 0 4010101040 O 00 0 O tD b 0000000000 OtD 00 N Q 4 4<<Q@ Q 4<N H)N•-01 0 0 A N 0 11 0 O tO O 6•c:vi o N 0000 0000 00 00 00' 01)0 t0 In 0000 N N N t7 O C)< O0O AA W O Cl Cl SO C)0rt.7 400 0t00010 0 0US<tq O 70 0 0 F N CC N DI N N N N N N N N N N N N N N N N N N N N Cr Cu Cl N N N Cs.N N N N N N N — 'GC 9 • CITY COUNCIL AGENDA DATE: November 12,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5584 ITEM NO.: Engineering Services Requesting Mn/DOT to provide funding through the Randy Newton FY 2004 Municipal Agreement Program for the K , • Eden Prairie Traffic Signal Coordination Timing Project • Requested Action Move to: Approve resolution requesting Mn/DOT to provide funding through the FY 2004 Municipal Agreement Program for the Eden Prairie Traffic Signal Coordination Timing Project. Synopsis City staff has submitted the Eden Prairie Traffic Signal Coordination Timing Project to Mn/DOT for • the FY 2004 Municipal Agreement Program. In order to complete the application a City Council Resolution requesting funding and stating that the City will complete the project if funding is provided is required. The proposed project is anticipated to improve the operation of several key roadway corridors in Eden Prairie including Valley View Road, Prairie Center Drive, Eden Prairie Road and Highway 5. • Background Information • Over the past several years city staff has worked with Mn/DOT and Hennepin County to interconnect several traffic signal systems in the City of Eden Prairie. However, due to a lack of available resources,Mn/DOT is unable to effectively implement the necessary coordinated timing plans. As a result, and in an effort to obtain funding for the implementation of timing plans on several traffic signal systems, a project was recently submitted to Mn/DOT for the FY 2004 Municipal Agreement Program. In order to complete the application a City Council Resolution requesting funding and stating that the City will complete the project if funding is provided is required. The Eden Prairie Traffic Signal Coordination Timing Project includes the implementation of timing plans for the following traffic signal interconnect systems: • Valley View Road and Prairie Center Drive from Market Place Drive to the I-494 North Ramp. • Prairie Center Drive through the Highway 312 interchange. • Highway 5 and Eden Prairie Road intersection area. The project will improve the operation, safety and capacity of each roadway by updating and improving the signal timing and coordination of the traffic signal systems. The importance of the roadways to the City's transportation system makes the efficient operation and optimization of the roadways integral to providing a safe and efficient roadway system. 90 Financial Implications The preliminary cost estimate for the Eden Prairie Traffic Signal Coordination Timing Project is $59,500. The Municipal Agreement Program submittal requested Mn/DOT contribute $27,800 towards the cost of the project. The City of Eden Prairie would be responsible for the remainder of the project costs($31,700). City costs would come from the Major Center Area Construction Fund. Attachments FY 2004 Municipal Agreement Program Request Letter • 9I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING INCLUSION INTO MN/DOT'S FY 2004 MUNICIPAL AGREEMENT PROGRAM FOR THE EDEN PRAIRIE TRAFFIC SIGNAL COORDINATION TIMING PROJECT I.C. 02-5584 WHEREAS, the City of Eden Prairie wishes to improve the operation of several key roadway corridors including Valley View Road,Prairie Center Drive,Eden Prairie Road and Highway 5; WHEREAS, completed and up to date coordinated traffic signal timing plans are necessary for the efficient operation of the roadway corridors; WHEREAS,Mn/DOT does not have the available resources to effectively implement the necessary coordinated traffic signal timing plans; WHEREAS, the signal timing improvements contemplated in this project are important to the health,safety, and welfare of the residents of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by theCity Council of the City of Eden Prairie that the City hereby requests inclusion of the Eden Prairie Traffic Signal Coordination Timing Project into Mn/DOT's FY 2004 Municipal Agreement Program and that the City will complete the project if Mn/DOT funding is provided. ADOPTED by the Eden Prairie City Council on November 12,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,Clerk 0 The City e. Eden Prairie 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org.952-949-8300•TDD 952-949-8399 October 18,2002 Michael Kowski Cooperative Agreements Engineer Mn/DOT Metropolitan Division Waters Edge 1500 West County Road B2 Roseville,MN 55113 SUBJECT: Request for FY 2004 Municipal Agreement Program Funding Eden Prairie Traffic Signal Coordination Timing Project Mr. Kowski: The City of Eden Prairie wishes to submit the Eden Prairie Traffic Signal Coordination Timing Project to the Mn/DOT Metropolitan Division's FY 2004 Municipal Agreement Program. The project is intended to improve the safety, capacity and operation of key arterial roadways within the City of Eden Prairie by implementing three(3)traffic signal coordination timing plans. The estimated total cost for the project is $59,500. With this submittal the City of Eden Prairie is requesting that Mn/DOT provide $27,800 towards the project from the FY 2004 • Municipal Agreement Program. The remainder of the project funding will be the responsibility of the City of Eden Prairie. Hennepin County will also be requested to participate in the funding of this project. Project Description The Eden Prairie Traffic Signal Coordination Timing Project is intended to improve the function, operation, safety and capacity of several key arterial roadways in the City of the Eden Prairie. The project includes producing and implementing traffic signal coordination timing plans for three (3) separate traffic signal interconnect systems operated by Mn/DOT. The three systems are described as follows (see the attached maps for a visual depiction). System 1 - Valley View Road(CSAH 39) and Prairie Center Drive The system stretches around Valley View Road and Prairie Center Drive from Market Place Drive to the new traffic signal currently being constructed at the I-494 North Ramp. The six(6)signals are located within a 3600 feet segment of roadway for an average Request for FY 2004 Municipal Agreement Program Funding Eden Prairie Traffic Signal Coordination Timing Project October 18,2002 Page 2 of 4 signal spacing of approximately 1/8 of a mile. Currently these traffic signals are neither coordinated nor interconnected. Over the next year,three projects will provide the necessary hardwire interconnect to enable the traffic signals to be coordinated. The following traffic signals are included in the system: • Market Place Drive/Valley View Road(CSAH 39) • TH 212 Southbound Off-Ramp /Bryant Lake Drive/Valley View Road(CSAH 39) • TH 212 (Flying Cloud Drive)/Valley View Road(CSAH 39) • Valley View Road/Prairie Center Drive(east junction) • Viking Drive/Prairie Center Drive • I-494 North Ramp/Prairie Center Drive System 2-Prairie Center Drive This system includes four(4)traffic signals and is located on the western side of Prairie Center Drive. The system stretches from Valley View Road to Technology Drive. The four signals are located within a 2750 feet segment of Prairie Center Drive for an average signal spacing of approximately 1/6 of a mile. Three of the traffic signals were installed in 1999 with the TH 312 improvement project. Although the traffic signals are interconnected,no timed coordination between the traffic signals currently exists. The following traffic signals are included in the system: • Valley View Road(CSAH 39)/Prairie Center Drive(west junction) • TH 5 (TH 312)North Ramp/Plaza Drive/Prairie Center Drive • TH 5 (TH 312) South Ramp/Technology Drive/Prairie Center Drive • Technology Drive/Prairie Center Drive • System 3 -TH 5 and Eden Prairie Road This system includes five(5)traffic signals along both Highway 5 and Eden Prairie Road (CSAH 4) in close proximity to the Eden Prairie Road/TH 5 intersection. The two traffic signals on Highway 5 are located 1/4 of a mile apart. The four traffic signals on Eden Prairie Road are located within a 2050 feet segment of roadway for an average signal spacing of 1/10 of a mile. These traffic signals are currently interconnected and coordinated on a limited basis. Due to the importance of both TH 5 and Eden Prairie Road an updated and full coordination timing plan is needed. 91 Request for FY 2004 Municipal Agreement Program Funding Eden Prairie Traffic Signal Coordination Timing Project October 18,2002 Page 3 of 4 The following traffic signals are included in the system • Fuller Road/Venture Lane/TH 5 • Eden Prairie Road(CSAH 4)/TH 5 • Wagner Way/Eden Prairie Road(CSAH 4) • Terrey Pine Drive/Eden Prairie Road(CSAH 4) • Timber Lake Drive/Lincoln Lane/Eden Prairie Road(CSAH 4) The proposed Eden Prairie Traffic Signal Coordination Timing project meets the following Mn/DOT's investment principles: 1) Preservation • Preserve the arterial function of each roadway by optimizing the flow of traffic through the signalized intersections. • Preserve the safe and efficient operation of the roadway system. 2) Management • Manage the safety, capacity, and operation of the existing roadway system. Project Cost • The preliminary cost estimate for the Eden Prairie Traffic Signal Coordination Project is $59,500. With this submittal the City of Eden Prairie is requesting that Mn/DOT provide $27,800 in funding towards the project from the FY 2004 Municipal Agreement Program Funding. The Mn/DOT share is based on the percentage of signals Mn/DOT owns within the coordinated signal systems (7 of 15). The City of Eden Prairie will be responsible for the remainder of the project costs. Hennepin County will also be requested to participate in the funding of this project. Identified Needs The three traffic signal systems included in this project are on major arterial roadways in the City of Eden Prairie. Each of the roadways is expected to handle large volumes of traffic on a daily basis and as a result the efficient operation and optimisation of the Request for FY 2004 Municipal Agreement Program Funding Eden Prairie Traffic Signal Coordination Timing Project October 18,2002 Page 4 of 4 roadways is integral to providing a safe and efficient roadway system. Additional identified needs include the following: 1) The traffic signal systems included in the project are not running completed and up to date coordinated timing plans. 2) The Mn/DOT Metro Division signal operation staff in under staffed and does not have the available resources to effectively implement the necessary timing plans at these locations. 3) The close signal spacing along each of the traffic signal systems requires coordinated • traffic signal timing plans for efficient operation 4) The 2001 Metro Division TSP identified the following: • TH 5 through Eden Prairie as a congested highway segment in both 2000 (Figure 3-11) and 2025 (Figure 3-12). • Eden Prairie Road(CSAH 4)/TH 5 intersection as a high crash cost intersection (Figure 3-15). Please note that a City Council Resolution requesting funding from Mn/DOT will be obtained in November. Once this is obtained a copy will be forwarded to you for your records. Thank you for consideration of our submittal. If you have questions regarding this project,please contact Randy Newton at 952 949-8339. Sincerely, ,/"ri Alan Gray,P.E. City Engineer AG:jm C = CO ....Z..... ...-----......4. i . . -.-. I 1 C a t ,---, 1-7- i••, i .... lay ,, . 1 "0 CO • ir4 """ • - - :-. '041116 , 1 i , 1 I i rw- 0 0-- ..itig•40M-- - , vim ! • . ,, 4; ........ •— C C.) ! , I •— 0.)o r infisiam‘. ,.-' a,•... , ---I a. .4.., 0 0 , • LT vt 1 • i 1 1 -.I ••••, ,i a) co L- 1 .?1 I 4 (1 ' P 1 ▪ LI ‘. i 111 I— (1- -55,_, _ 1 • t -7::,:"..;,!••,-,,•71•::• 6 ,.,IN - - ,,,:••--- `,,, 4 al !q.li ....... -- '3 ..-ci: A.,-- •...i...-r-,,,, T5ra-7.4..,'",;.,'-......‘-• -•- •'fb.',/... ......, a) . k c.---...„4---......-1,1.--.. .„,..,.„ ...,,,,,..„----1;.,,....Ar--.., ...., 0 fi.,2 --.-.... ,...,..„.4,....,,,...,.f,,,,,........ -:pa..........2k......rr.......:, ,4" L, i• IT, ... ,j,„_., ,__,. . ?;!"-• • s-.-0 '''' '1 ! 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J li E ,-t/` i;�- �i a - , - 1 +,`y 1' I ;_,(-�--i I `r '�'i,t I L •^ ,' i!'I I ` -- - ` \�V-• '----fir�1���7F,I •J �r \1 `.ri I Traffic Signal Coordination Timing Project Cost Estimate City of Eden Prairie Item Description Unit Unit Cost Total Quantity Amount Prairie Center Dr/Valley View Road Signal Timing Signal $2,500 6 $15,000 Traffic Responsive Setup Lump Sum $4,000 1 $4,000 Prairie Center Drive Signal Timing Signal $2,500 4 $10,000 Traffic Responsive Setup Lump Sum $4,000 1 $4,000 Highway 5/Eden Prairie Road (CSAH 4) Signal Timing Signal $2,500 5 $12,500 Traffic Responsive Setup Lump Sum $4,000 1 $4,000 System Evaluation Lump Sum $10,000 1 $10,000 PROJECT TOTAL $59,500 CITY COUNCIL AGENDA DATE: November 12,2002 SECTION: Consent Agenda . SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 98-5467/02-5572 Public Works Service Area Authorize Contract for Construction Monitoring ITEM NO.: Leslie Stovring for the Glenshire and Water Treatment Plant .L. I Through Eugene Dietz Wetland Mitigation Sites • Requested Action Move to: Approve professional service agreement with Peterson Environmental Consulting,Inc. in the amount of $2,922 for construction observation services for the Glenshire Addition and Water Treatment Plant wetland mitigation projects Synopsis Peterson Environmental has submitted a scope of work and cost estimate for construction observation services for.the Glenshire and Water Treatment Plant Mitigation projects. Staff recommends approval of the proposal as Peterson Environmental is familiar with the soil conditions and potential problems associated with the construction process at these sites. • Background Information Peterson Environmental is proposing to provide construction observation services during the grading, excavation and re-landscaping of the Glenshire Outlot A and Water Treatment Plant mitigation projects. The scope of work includes: • Observation of the grading and construction process to help ensure that adequate wetland hydrology is provided as required by the Riley-Purgatory-Bluff Creek Watershed District. • Salinity testing during construction to refine the locations of salinity "hotspots" during construction and grading to ensure the most effective and comprehensive grading to remove the problem areas during the grading process rather than after-the-fact. • Provision of professional advice during the pre-construction and construction process as needed. • Observation of the landscaping and seeding to ensure they are carried out as required in the plans and specifications. Peterson Environmental provided the proposed seed and planting mix in coordination with HTPO. Attachments Proposal dated November 1, 2002 from Peterson Environmental Consulting Inc. 1 NO0 Peterson Environmental Consulting, Inc. November 1,2002 Ms. Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Subject: Proposed Scope of Work&Cost Estimate Construction Observation Services Glenshire and Water Treatment Plant Mitigation Projects Eden Prairie,Minnesota PEC Project No. 2000-062 Dear Leslie: Peterson Environmental Consulting, Inc. (PEC) is pleased to submit this proposed scope of work and cost estimate for construction observation services at the Glenshire and Water Treatment Plant wetland mitigation projects. The tasks we propose to carry out are as follows: SCOPE OF WORK Task 1. Construction Observation PEC will assign appropriate staff members to observe and provide input during the construction of the Glenshire and Water Treatment Plant wetland mitigation projects. We have assumed that approximately 3 person-days (i.e. 24 total hours) of observation time will be required for the two projects combined. Construction observation at both sites will focus on ensuring that: (1) wetland hydrology will be achieved when grading is complete and (2) seeding and woody plantings are carried out as called for in the plans and specifications. Construction observation at the Water Treatment Plant will also include in situ salinity testing with an EM-38 electrical conductivity meter. In this way,we hope to identify saline"hotspots"during construction so that they can be dealt with during the grading process rather than after-the-fact. Cost Estimate $2,922 1355Mendota Heights Road.Suite 100 Mendota Heights,MN 55120-1112 Tel 651-6S6-0151 Fax &51-6S6-0369 T.-ikIi.petiisonee:rom 4.oI Ms.Leslie Stovring November 1,2002 Page 2 PEC Project No. 2000-062 COMPENSATION The tasks described above will be completed on an hourly basis for an estimated total cost of $2,922, in accordance with the attached fee schedule and general contract conditions, which are incorporated into this agreement by reference. We appreciate the opportunity to assist you with this project. Please feel free to contact us with any questions regarding this proposed agreement. If this proposed agreement meets with your approval,please sign and return one copy to signify our authorization to proceed. Best regards, . Peterson Environmental Consulting,Inc. • Ronald P. Peterson President Enclosures ACCEPTANCE: By signing below, the signatory: (1) warrants that he or she has the authority to enter into this Agreement as Client, Client's Authorized Agent or as an officer of Client Corporation and (2) accepts and agrees to be bound by the provisions set forth in this Agreement, including any and all attachments incorporated by reference. Client: Name of Signatory: Title: Signature: Name of Signatory: Title: Signature: Date: Peterson Environmental Consulting, Inc. FEE SCHEDULE January 1, 2002—December 31, 2002 Staff Member Position Hourly Rate Peterson,Ron President $130 Arndt,Jim Principal Soil Scientist $130 Krych, Scott Principal Wildlife Biologist $95 Doherty,Bob Senior Ecologist $95 Joe Gathman • Senior Aquatic/Wetland Scientist $82 Janell Miersch • Associate Wetland Scientist $72 Bruce Moreira Associate Wetland Scientist $72 . Tony Randazzo Associate Restoration Ecologist $72 Dennis Rodacker Associate Soil Scientist $72 Scott Milburn Associate Wetland Scientist $72 Holly Swanson Technician $59 Senior Clerical $54 Junior Clerical . • $47 Technician $40 All direct project expenses will be invoiced at cost plus 15 percent. Mileage will be invoiced at$0.365 per mile. Testimony in hearings or court proceedings will be invoiced at 2.0 times normal hourly rates. CREDIT POLICY Peterson Environmental Consulting, Inc. (PEC) has adopted the following policy regarding credit, invoicing and collection practices. These policies will be consistently adhered to except when special credit arrangements are made in advance. Such arrangements are typically appropriate in subconsulting situations where the invoicing cycles of both the prime contractor and the client are involved. Payment to PEC is not contingent on the client's ability to obtain financing or on real estate closings. We sincerely appreciate your cooperation. 1. Standard credit terms are 30 days from the date of the invoice. If there is a question or problem with an invoice,we request notification within 30 days so that we can provide backup or make any necessary adjustments. 2. Accounts past due over 30 days will be charged 1.5 percent per month interest until payment is received,as set forth in our General Contract Conditions. 3. When any account becomes over 60 days past due,PEC's work on that account will cease until the account is brought current. 4. When an account becomes over 90 days past due,a mechanics lien may be filed against property benefited by PEC's work. . 5. When an account becomes over 120 days past due,legal or alternative collection action will be undertaken. 6. A retainer will normally be requested of new clients. The retainer amount will vary with the size of the project. 1355 Mendota Heights Road,Suite 100 Mendota Heights,MINI 55120-1112 Tel 651-686-0151 Fax 651-686-0369 w w.petersonenv.com 1 Q03 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement-Testing, Sampling and Environmental SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by 1.1 City will provide to Consultant all known information Consultant to enable performance of work without delay or regarding existing and proposed conditions of the site or which interference,and upon request of Consultant,to provide a suitable affects the work to be performed by Consultant. Such workplace. information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous 2.6 City will be responsible for locating and identifying all laboratory analysis results,written reports,soil boring logs and subterranean structures and utilities. Consultant will take applicable regulatory site response(Project Information). reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City and/or 1.2 City will transmit to Consultant any additions,updates,or representatives of Utility Companies. revisions to the Project Information as it becomes available to City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant 3.1 Consultant may retain at its facility selected soil, water, or within 24 hours upon request, to aid, define, supervise, or material samples for a maximum of 30 days after completion of coordinate work or Project Information as requested by the work and submission of Consultant's report,which samples Consultant. shall remain the property of City. Unless otherwise directed by the City,Consultant may dispose of any samples after 30 days. 1.4 Consultant will not be liable for any decision,conclusion, recommendations, judgement or advice based on any 3.2 Disposal of contaminated or hazardous waste samples is the inaccurate information furnished by City, or other responsibility of City. After said 30 days,City will be responsible subcontractors or consultants engaged by City. to select and arrange for lawful disposal procedures that include removal of samples from Consultant's custody and transporting SECTION 2: SITE LOCATION,ACCESS,PERMITS, them to a disposal site. City may request, or if City does not APPROVALS AND UTILITIES arrange for disposal, Consultant may deliver samples to City, freight collect,or arrange for lawful disposal and bill City at cost 2.1 City will indicate to Consultant the property lines of the site plus 15%. and assume responsibility for accuracy of markers. SECTION 4: FEE PAYMENT/CLAIMS 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final invoice upon completion of work. Invoices will show charges 2.3 City will be solely responsible for applying for and based on the current Consultant Fee Schedule or other documents obtaining permits and approvals necessary for Consultant to as attached. perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is 4.2 To receive any payment on this Contract,the invoice or bill understood that City authorizes Consultant to act as agent for must include the following signed and dated statement: "I declare City for City's responsibilities under this section including under penalty of perjury that this account,claim,or demand is just • signing certain forms on City's behalf such as Right-of-Way and correct and that no part of it has been paid." forms. 4.3 The balance stated on the invoice shall be deemed correct 2.4 While Consultant will take reasonable precautions to unless City notifies Consultant,in writing,of the particular item minimize any damage to property,it is understood by City that that is alleged to be incorrect within ten(10)days from the invoice in the normal course of the work some damage may occur. The date. Consultant will review the alleged incorrect item within ten correction of any damage is the responsibility of City or, at (10) days and either submits a corrected invoice or a statement City's direction,the damage may be corrected by Consultant indicating the original amount is correct. and billed to City at cost plus 15%. Notwithstanding the above,Consultant agrees to be responsible for damage caused 4.4 Payment is due upon receipt of invoice(or corrected invoice) by Consultant's negligence. and is past due sixty(60) days from invoice date. On past due City of Eden Prairie General Conditions Testing,Samplingand Environmental December2000 Page 1 of4 accounts,City will pay a finance charge of 1.5%per month on acquires,uncovers, or generates in the course of performing the the unpaid balance,or the maximum allowed by law,whichever work, except as and to the extent Consultant may, in its sole is less,until invoice is fully paid. discretion,deem itself required by law to disclose. 4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/LINHTATIONS OFREIIEDIES following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City,the Consultant relieved of any and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business. by the default or termination of the agreement. 6.2 City will pay all reasonable litigation or collection expenses 4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement. from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed, however. Consultant makes no representations or guarantees as dropped,or for which judgement is rendered for Consultant,City to what fund reimbursement City may receive. Consultant shall will pay Consultant for all costs of defense, including attorney not be liable for any reductions from reimbursement programs fees,expert witness fees and court costs. made for any reason by state or federal agencies,except as may be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, dropped,or for which judgement is rendered for City,Consultant 4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees, Consultant such amounts as are incurred or expended by the expert witness fees and court costs. City on account of the termination of the Contract. • 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed All claims, disputes and other matters in question (hereinafter pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or City, and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof,shall be subject to made by others. mediation. If the parties have not resolved the dispute within thirty(30)days of receipt of a written complaint,each party may 5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten(10) days following a will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be used by City for any purpose. appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. 5.3 Unless otherwise agreed,Consultant will retain all pertinent records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8) a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are During that time the records will be made available to City private and confidential. If,at the end of eight hours of mediation, during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to reproducible copies of all software,manuals,maps,drawings, extend hours of mediation. logs and reports at cost,plus 15%,for data and materials not being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties excerpts of a report constituting less than the entire report,or to asserting the same claims entitlement to damages or payment of mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate maybe decided by arbitration in report. accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties 5.5 Consultant will consider Project Information as confidential mutually agree otherwise. In the event any person shall and will not disclose to third parties information that it commence an action in any court for any claim arising out of or City of Eden Prairie General Conditions Testing,Sampiingand Environmental December2000 Paget of4 41C15 relating to this Agreement or the breach thereof or the Project reasons beyond Consultant's control. or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others. and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attomey's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other City of Eden Prairie General Conditions Testing Sampling and Environmental December2000 Page 3 of4 0 6 SECTION 11: ASSIGNMENT 17_I The Consultant shall at all times abide by Minn_Stat 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neither party may assign duties,rights or interests in the extent the Act is applicable to data and documents in the performance of the work without obtaining the prior written possession of the Consultant. consent of the other party, which consent will not be unreasonably withheld. SECTION 18: DISCRIMINATION SECTION 12: DELAYS In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race,color, creed, 12.1 If Consultant is delayed in performance due to any cause religion,national origin,sex,marital status,status with regards to beyond its reasonable control, including but not limited to public assistance,disability,sexual orientation,or age against any strikes,riots,fires,acts of God,governmental actions,actions employee of the Consultant,any subcontractor of the Consultant, of a third party, or actions or inactions of City, the time for or any applicant for employment. The Consultant shall include a performance shall be extended by a period of time lost by similar provision in all contracts with subcontractors to this reason of the delay. Consultant will be entitled to payment for Contract. The Consultant further agrees to comply will all aspects its reasonable additional charges,if any,due to the delay. of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with SECTION 13: EXTRA WORK Disabilities Act of 1990. 13.1 Extra work, additional compensation for same, and SECTION 19: CONFLICTS extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any No salaried officer or employee of the City and no member of the extra work or related expenditures. Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the SECTION 14: WITHHOLDING TAXES Contract void. Any federal regulations and applicable state statutes shall not be violated. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that SECTION 20: ENTIRE AGREEMENT the Consultant and each of its subcontracts has complied with the provisions of Minn.Stat.290.92 relating to withholding of 18.1 This Agreement contains the entire understanding between income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE City ofEden Prairie General Conditions Testing,Sampling and Environmental December2000 Page 4 of4 J 15 CITY COUNCIL AGENDA DATE: SECTION: Consent November 12,2002 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HEM NO.: Office of City Manager Canvass of the November 12,2002,Municipal Katheen Porta, City Clerk Election • IfYi Requested Action Move to: Certify the municipal election results for the November 12,2002 General Election. • Synopsis MN Statute 205.185 Subd. 3. Canvass of returns,certificate of election,ballots, disposition. (a) Within seven days after an election,the governing body of a city conducting any election or the governing body of a town conducting the general election in November shall canvass the returns and declare the results of the election. Attachments Certification Municipal Election Results STATE GENERAL ELECTION BALLOT HENNEPIN COUNTY,MINNESOTA CITY OF EDEN PRAIRIE November 5,2002 Precincts Counted 19 Registered Voters 37814 Ballots Cast 27672 CITY OFFICES—Mayor Gerald L. McCoy 8262 Jeffrey A. Thompson 2672 Nancy Tyra-Lukens 12646 CITY OFFICES - Council Member Ron Case 11102 Harry W. Davis, Jr. 5486 Ryan Douglas 4104 John Murray 4085 Fred Seymour 4379 Philip Young 5714 We the undersigned, certify that the above results are true and correct. Signed this 12th day of November,2002. 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N h 1/40 0 1/40 O. \D N V) 0 01/4 N M V) - h N 0 00 `tr ON 0 t d' en \0 1/40 0 1/40 CO V N \O en 00 'V' \0 -. .--- N N V) N M N 0 .n-. •--- N en V' p U U U 0 L L� a a d A A W W c z O c) 0 y ¢ A U W O 3 £ W ei • as t. W 4 w 0 cUi �l �7 '> OA m E-• [j W U E. F co 0 co ro_i m O A 0 on 10 z Q F z A t» • o n> >.,>, . v al 3 c n Q t IA;1•1 z g CD F cn o w 1, tz� O d a cw" '� > e U v o ¢ >, e O x F W+ u; Q > a >„ c.7z 3o 4w` x tia � L 44, a AA a a n C7 0 Ea-• Ems- EW- E. Fd-• v f 0 vc� ° > > ° 0 C 110 CITY COUNCIL/HOUSING AND REDEVELEPMENT AUTHORITY DATE: November AGENDA SECTION: Public Hearing 12,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Management&Budget: Public Hearing to consider amending Tax Don Uram Increment Financing(TIF)District#17 for the y l I David Lindahl Colony Senior Project Requested HRA Action: Move to: • Close the HRA Public Hearing; and • Adopt Resolution amending the Tax Increment Financing Plan for Tax Increment Financing District No. 17 Requested Council Action: Move to: • Close the Council Public Hearing; and • Adopt Resolution amending the Tax Increment Financing Plan for Tax Increment Financing District No. 17. Synopsis: The project was originally platted into two lots—one for a 142 unit senior complex, and the other for a small office building.The City recently approved combining two parcels into one,and changing the office building to a rehabilitation clinic. The change enlarges the existing TIF district causing the need for an amendment to the TIF Plan. Hennepin County reviewed the proposed amendment and prepared a report that is attached and should be noted and entered into the record of the public hearing. Background: The project was originally approved by the City Council October 3,2000 and is located at the southeast corner of Prairie Center Drive and Rolling Hills Road.It includes a three story senior building with 142 assisted,independent,and memory care units,and a skilled nursing facility. Attachments: Resolutions TIF Plan Hennepin County Letter raa2F11 � HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA BRA RESOLUTION NO. A RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 BE IT RESOLVED,by the Housing and Redevelopment Authority in and for the Eden Prairie, Minnesota(the "City")as follows: Section 1. Recitals. 1.01. On March 20, 2001, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179 as amended (the "Act") created Tax Increment Financing District No. 17 and approved the Tax Increment Financing Plan related thereto following a public hearing conducted in accordance with the Act. 1.02. On May 16, 2001, amended the Tax Increment Financing Plan to correct the legal description. •1.03. Subsequent to the adoption of Tax Increment Finance District No. 17,the Tax Increment Financing Plan, and the Amendment of May 16,2001,it has been determined that further amendments are necessary to the Tax Increment Financing Plan. Section 2 Approval of Amendment No. 1 to the Tax Increment Financing Plan. 2.01. The Tax Increment Financing Plan is amended in its entirety as set forth in the document entitled Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 17 (The Colony at Eden Prairie, formerly Rolling Hills Senior Housing Campus) prepared by Springsted Incorporated and dated November 4,2002, as attached hereto. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota this 12th day of November,2002. Chair ATTEST: Executive Director 11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO;17 BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota(the"City") as follows: Section 1. Recitals. 1.01: On March 20, 2001, the City,pursuant to the Minnesota Tax Increment Financing Act, • Minnesota Statutes Sections 469.174.to 469.179 as amended (the "Act") created Tax Increment Financing District No. 17 and approved the Tax Increment Financing Plan related thereto following a public hearing conducted in accordance with the Act. 1.02. On May 16, 2001, amended the Tax Increment Financing Plan to correct the legal description. • 1.03. Subsequent to the adoption of Tax Increment Finance District No. 17, the Tax Increment Financing Plan,and the Amendment of May 16,2001,it has been determined that further amendments are necessary to the Tax Increment Financing Plan. Section 2 Approval of Amendment No. 1 to the Tax Increment Financing Plan. • 2.01. The Tax Increment Financing Plan is amended in its entirety as set forth in the document entitled Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 17 (The Colony at Eden Prairie, formerly Rolling Hills Senior Housing Campus) prepared by Springsted Incorporated and dated November 4,2002,as attached hereto. ADOPTED by the City Council of the City of Eden Prairie this 12th day of November,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta,City Clerk *rolling hillskesolution-of amendment-111202 City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 17 (The Colony at Eden Prairie, formerly Rolling Hills Senior Housing Campus) Approved: March 20, 2001 Amendment Dated: November 4, 2002 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul, MN 55101-2887 (651) 223-3000 a TABLE OF CONTENTS Section Page A. Definitions 1 B. Statutory Authorization 1 C. Statement of Need and Public Purpose 1 D. Statement of Objectives 1 E. Designation of Tax Increment Financing District as a Housing District 1 F. Duration of the TIF District and the Three Year Rule 2 G. Property to be Included in the TIF District 3 H. Property to be Acquired in the TIF District 3 I. Specific Development Expected to Occur Within the TIF District 3 J. Findings and Need for Tax Increment Financing 3 K. Estimated Public Costs 4 L. Estimated Sources of Revenue 4 M. Estimated Amount of Bonded Indebtedness 5 N. Original Net Tax Capacity 5 O. Original Tax Capacity Rate 5 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment 6 Q. Use of Tax Increment 6 R. Excess Tax Increment 7 S. Tax Increment Pooling and the Five Year Rule 7 T. Limitation on Administrative Expenses 8 U. Limitation on Property Not Subject to Improvements-Four Year Rule 8 V. Estimated Impact on Other Taxing Jurisdictions 9 W. Local Government Aid Penalty 9 X. Prior Planned Improvements 9 Y. Development Agreements 9 Z. Assessment Agreements 10 AA. Modifications of the Tax Increment Financing Plan 10 AB. Administration of the Tax Increment Financing Plan 10 AC. Financial Reporting and Disclosure Requirements 11 Map of the Tax Increment Financing District EXHIBIT Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV City of Eden Prairie, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority"means the Eden Prairie Housing and Redevelopment Authority. "City" means the City of Eden Prairie, Minnesota; also referred to as a "Municipality". "City Council"means the City Council of the City; also referred to as the "Governing Body". "County" means Hennepin County, Minnesota. "Redevelopment Project" means Redevelopment Project No. 5 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project. "Project Area"means the geographic area of the Redevelopment Project. "School District" means Independent School District No. 272, Minnesota. "State"means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.179, both inclusive. "TIF District"means Tax Increment Financing (Housing) District No. 17. "TIF Plan"means the tax increment financing plan for the TIF District(this document). Section B Statutory Authority See Section 1.3 of the Redevelopment Plan for the Redevelopment Project. Section C Statement of Finding and Public Purpose See Section 1.2 of the Redevelopment Plan for the Redevelopment Project. Section D Statement of Objectives See Section 1.4 of the Redevelopment Plan for the Redevelopment Project. Section E Designation of Tax Increment Financing District as a Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and moderate income is defined in federal, state, and municipal legislation. A project does not qualify if the fair market value of the improvements, constructed for uses other than low and moderate income housing are more than 20% of the total fair market value of all the planned improvements. The fair market value of the improvements may be determined using the cost ai SPRINGSTED Page 1 1 1 City of Eden Prairie, Minnesota of construction, capitalized income, or any other appropriate method of estimating marketing value. In addition, housing districts are subject to various income limitations and requirements for residential property. For owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. A rental property also satisfies the above requirements if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of the area median gross income. The TIF District qualifies as a housing district in that it meets all of the criteria listed above. It is anticipated that at least 80% of the planned improvements in the TIF District will be for low and moderate income housing purposes. in addition,the Trrc— IF—DDistrist-rmeeettsi-trhe rrequirementsfo;a "qualified housing district" in that all of the low and moderate income housing units will meet all of the requirements for the low income housing tax credit (whether such credits aro received or Deceix er- 1902. ems —qualified housing district, the TIF District does not cause any reduction in the local government aid received by the City from the State (see Section W). Since the establishment of the TIF District, the State has eliminated the qualified housing district designation, as well as the reduction in local government aid provision. The above requirements apply for the duration of the TIF District. Failure to comply with these requirements results in application of the duration limits for economic development districts to the TIF District, that is the lesser of (a) nine years from the date of receipt of the first tax increment or (b) 11 years after approval of the TIF Plan. If at the time of the noncompliance, the TIF District has exceeded the duration limits for an economic development district, the TIF • District must be decertified effective for taxes payable in the next calendar year. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be included in the cost of a housing project. Section F Duration of the TIF District and the Three Year Rule Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. This term shall be reduced to 20 years if the Authority elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded, or four years have elapsed from the date of certification, whichever is earlier. Modifications of this plan (see Section AA)shall not extend these limitations. The Authority does not elect to delay receipt of the first tax increment. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2028), but anticipates that the TIF District will be decertified prior to that time (see Section P). All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. In addition, no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: '�SPRINGSTED Page 2 City of Eden Prairie, Minnesota (1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); (2) the Authority has acquired property within the TIF District; or (3) the Authority has constructed public improvements within the TIF District. Section G Property to be Included in the TIF District The purpose of Amendment No. 1 to the TIF Plan is to expand the geographic boundaries of the TIF District. The TIF District is a 8.99 acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description 1 i1 1 16 22 44 1079 I of 1 Block 1 Rolling Hills Subdnrision 14-116-22-44-1081 Lots 1 and 2, Block 1, Rolling Hills Senior Housing The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. • Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however,the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed development will consist of a senior residential campus located at the intersection of Prairie Center Drive and Rolling Hills Road. It is anticipated that 75 congregate living units, 53 assisted living units, 14 memory care units, and assorted commons, dining, and parking areas will be constructed. The campus is expected to be completed in late 2002. In accordance with the requirements for a qualified housing district, at least 29 (20%) of the 142 proposed residential units will be affordable as described in Section E. The development will also include a rehabilitation center attached to the apartment complex. The center will house 25 nursing home beds to be used for short-term physical rehabilitation (expected duration of one week to 100 days). Section J Findings and Need for Tax Increment Financing In establishing the TIF District,the City makes the following findings: (1) the TIF District qualifies as a housing district and as a qualified housing district; See Section E of this document for the reasons and facts supporting this finding. SPRINGSTED Page 3 City of Eden Prairie, Minnesota (2) the proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. (3) the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (4) the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a who'd, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. 'Principal Interest Total Site Improvements $ 540,000 $ 0 $ 540,000 Land Acquisition 2,165,000 0 2,165,000 Administration 295,000 0 295,000 Total $3,000,000 $ 0 $3,000,000 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). RI SPRINGS tell Page 4 City of Eden Prairie, Minnesota The Authority reserves the right to finance any or all public costs of the TIF District using pay- as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness • The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive,this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2000 for taxes payable in 2001 is $1,605,000 (subject to revision). Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately$34,026. The City requested certification of the TIF District on July 30, 2001. The certified Original Estimated Market Value (OEMV) of all property within the TIF District as of January 2, 2001 for taxes payable in 2002 is $1,778,000 and the Original Net Tax Capacity (ONTC) is $34,907. Upon approval of Amendment No. 1, the OEMV will become $2,044,000 ($1,778,000 plus $266,000). The ONTC of the TIF District will change as the parcel classification changes from vacant commercial to multifamily apartments. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: - (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a)the sum of the current local tax rates at that time or(b)the original tax capacity rate of the TIF District. a SPRINGSTED Page 5 City of Eden Prairie, Minnesota The su and payable in 2001, is 118.198% as shown-below. The-CeuR,ty Auditor shall certify this amount as the original tax capacity ratc of the TIF District. Because the City requested certification of the TIF District on July 30, 2001, the sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2001 and payable in 2002, is 112.433% as shown below. The County Auditor shall certify this amount as the original tax capacity rate of the TIF District. 2001/2002 Taxing Jurisdiction Local Tax Rate City of Eden Prairie 37.611% Hennepin County 50.409% Independent School District#272 15.710% Metro Special Taxing Districts 3.537% Other Special Taxing Districts 5.166% Total 112.433% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. • The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.25% approximately 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District(see Section K) and County administrative costs associated with the TIF District(see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; �i SPRINGSTED Page 6 _ Ica! City of Eden Prairie, Minnesota (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. This prohibition does not apply to the construction or renovation of a parking structure, or of a privately-owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. The Authority reserves the right to increase by 10% the permitted amount of tax increments to be spent outside of the TIF District but within the boundaries of the City, such tax increments to be used exclusively to assist in acquisition, • site preparation, construction, rehabilitation, or public improvements for housing that meets the requirement for a qualified low-income building, as described in M.S. Section 469.1763. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: SPRINGSTED Page 7 City of Eden Prairie, Minnesota (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make. payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses); however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, city attorneys, fiscal consultants, planning or economic development consultants, and actual costs incurred by the Authority, City, and County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs authorized by the TIF Plan or(b) 10%of the total tax increment expenditures for the project. Section U Limitation on Property Not Subject to Improvements- Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by SPRINGSTED Page 8 City of Eden Prairie, Minnesota February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. Section W Local Government Aid Penalty However, because the TIF District is a qualified housing district the City is exempt from any loss of local government aid. The State has repealed this provision. See Section E. Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section Y Development Agreements If more than 10% of the acreage of a project (which contains a housing district) is to be acquired by the Authority with proceeds from tax increment bonds then, prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. a SPRINGSTED Page 9 City of Eden Prairie, Minnesota • Section Z Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. • Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AB Administration of the Tax Increment Financing Plan Upon adoption of the TIE Plan, the Authority shall submit a copy of such plan to the Minnesota • Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In a SPRINGSTED Page 10 1 City of Eden Prairie, Minnesota administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1,the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if the TIF District is classified as an economic development district, then the original net tax capacity shall be increased by the amount of the • annual adjustment factor; and (d) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, City Council, County Board and County Auditor, and the School District Board a report which shall: (1) provide full disclosure of the sources and uses of public funds in the TIF District; (2) permit comparison and reconciliation of the accounts and financial reports; (3) permit auditing of the funds expended on behalf of the TIF District; and (4) be consistent with generally accepted accounting principles. The report shall include, among other items,the following information: (1) the original net tax capacity of the TIF District; • SPRINGSTED Page 11 1 City of Eden Prairie, Minnesota (2) the captured net tax capacity of the TIF District, including the amount of any captured net tax capacity shared with other taxing jurisdictions; • (3) for the reporting period and for the duration of the TIF District, the amount budgeted under the TIF Plan, and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) administrative costs, including the allocated cost of the Authority; and (e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements. (4) for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; and (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. • Additional information which must be annually reported to the State Auditor, by July 1 of each year, includes: (1) for the entire City: (a) the total principal amount of nondefeased tax increment bonds outstanding at the end of the previous calendar year; and (b) the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds. (2) for each tax increment financing district in the City: (a) the type of district; (b) the date the TIF District is required to be decertified; (c) the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year; (d) the tax increment revenues for taxes payable in the current calendar year; (e) whether the TIF Plan permits tax increment revenues to be expended for activities located outside of the TIF District, and (f) any additional information that the State Auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity, the amount of outstanding bonded indebtedness, the amount of increments paid to other governmental bodies, the amount paid a SPRINGSTED Page 12 City of Eden Prairie, Minnesota for administrative costs, the sum of increment paid, directly or indirectly, for activities and improvements located outside of the district, the increase in property taxes if a fiscal disparity contribution is being made from outside of the district, and any additional information the Authority deems necessary. The Authority must publish the annual statement for a year by July 1 of the next year and must provide a copy to the State Auditor by the time it submits the annual statement for publication. • a SPRINGSTED Page 13 emo Date: November 1,2002 To: Board of County Commissioners • From: Richard P.Johnson, Deputy County Administrator (I) • Subject: Amendment 1 to Eden Prairie Qualified Housing TIF Dis 'ct No. 17 Colony at Eden Prairie (was Rolling Hills Senior Housing Campus) • Hearing Date: Eden Prairie City Council Tuesday,November 12,2002 at 7:00 p.m. History of Original TIF District 17 created on 3/20101:The City of Eden Prairie created the Rolling Hills Senior Housing Campus Qualified Housing TIF District No.17(County 1765)on March 20,2001. The TIF District contained one parcel of vacant land,PID 14-116-22-44-0179,located on Prairie Center Drive between Rolling Hills Road and • Preserve Boulevard. The site was scheduled for development with a senior residential campus consisting of 75 congregate living units,53 assisted living units, 14 memory care units and assorted commons,dining and parking areas. The qualified housing TIF District will have at least 80%of the planned improvements for low and moderate income housing purposes. The low-to moderate-income criteria will apply for the 26-year duration of the TIF District,or any shorter duration if the TIF District is decertified prior to the maximum duration permitted by TIF Law. Eden Prairie reserved its right to collect tax increment from the TIF District for 25 years from receipt of the first tax increment,but indicated in the TIF Plan that the TIF District may meet its financial obligations by 12/01/13 and be decertified at that time. CURRENT AMENDMENT PROPOSAL: Eden Prairie proposes geographic enlargement of TIF district No.17,now known as Colony at Eden Prairie,by addition of one parcel,PID 14-116-22-44-0180. The addition of this parcel is not expected to extend the duration of the TIF District,and will be used for construction of a 25-bed rehabilitation center attached to the apartment complex. The additional facility will be used for short-term physical rehabilitation. The geographic enlargement is small in comparison to the overall size of the TIF District. The original development concept envisioned inclusion of PID 14-116-22-44-0180 but the parcel was not identified in the Eden Prairie approved TIF Plan. Inclusion of the parcel now requires an amendment to the TIF Plan. The two parcels will be combined into one parcel for the senior housing and rehabilitation center facility. FISCAL IMPLICATIONS:The Base Tax Capacity of the current TIF parcel 14-116-22-44-0179 will be lowered for tax payable year 2003 to correspond with the change of property type from Commercial Land to Apartment. Subsequently,if the request for certification of PID 14-116-22 44 0180 is received by Taxpayer Services Department by June 30,2003, the Base Tax Capacity for Tax Payable Year 2004 will increase by 46,665,to a total of 73,335 for the duration of the TIF District. • The original TIF Plan called for Pay-As-You-Go financing. Annual tax increment of approximately$289,.395,was projected for the public improvements as follows: Site Improvements $ 840,568 Land Acquisition 2,162,100 • Administration 298,252 Total $3,300,920 Hennepin County Taxpayer Services Department Hennepin A-600 Hennepin County Government Center Minneapolis,Minnesota 55487-0060 November 1, 2002 J. Bruce Kimmel Assistant Vice President Springsted 85 E. Seventh Place Suite 100 Re: Amendment 1 to Eden Prairie TIF 17, Colony at Eden Prairie Dear Mr. Kimmel: Enclosed is a report from Richard P. Johnson, Hennepin County Deputy Administrator, to the Hennepin County Board of Commissioners, concerning the proposed Amendment 1 to Eden Prairie TIF 17, Colony at Eden Prairie. Please arrange to have the report entered into the record of the public hearing of the Eden Prairie City Council on Tuesday, November 12, 2002, to reflect the input of Hennepin County, as provided by Minnesota Statutes, Section 469.175, Subd. 2. If you have any questions about this information, please call me at 612-348-5076. Sincerely, Jean M. Bierbaum, Senior Administrative Assistant Administrative Services Division Cc: David Lindahl, City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 RevuEdenPrairiel7Amended11122002JTransmittalLetter Z EjL - - lr' t F:Er.C.'1 PC_'= CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Nov 12, 2002 SERVICE AREAIDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram • Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 114327-114913 Wire Transfers 1623-1629, 1632, 1637-1642, 1672 1 Background Information Attachments —mot 1 City of Eden Prairie Council Check Summary 11/12/2002 Division Amount General 461,176 101 Legislative 2,476 102 Legal Counsel 43,900 110 City Clerk 1,615 111 Customer Service 5,185 112 Human Resources 1,292 113 Communication Services 3,098 114 Benefits&Training 9,183 115 Risk Management 4,252 116 Facilities 24,051 117 City Center 119,473 130 Assessing 67 131 Finance 6,658 132 Housing,Trans,Social Service 7,700 133 Community Development 3,338 134 Heritage Preservation 849 135 Information Technology 43,823 136 Wireless Communication 11,690 150 Park Administration 12,016 151 Park Maintenance 17,177 152 Parks Capital Outlay 325 153 Athletic Programs 6,264 154 Community Center 37,474 155 Beaches 39 156 Youth Programs 3,000 157 Special Events 1,116 158 Senior Center 1,846 159 Recreation Administration 88 160 Adaptive Recreation 457 161 Oak Point Pool 105,224 162 Arts 884 163 Park Facilities 3,673 180 Police 13,307 183 Civil Defense 63 184 Fire 12,367 185 Animal Control 2,606 186 Inspections 353 200 Engineering 309 201 Street Maintenance 17,586 202 Street Lighting 51,539 203 Fleet Services 31,804 204 Equipment Revolving 92,140 300 Heritage Preservation Grants 1,154 301 CDBG 22,467 302 HRA Fund 150 303 Cemetaiy Operation 657 308 E-911 1,464 314 Liquor Compliance 380 502 Park Development 23,064 503 Utility Improvement 26,429 505 Utility Reserve 19,295 506 Improvment Bonds 1996 390,008 507 Construction Fund 43,105 509 CIP Fund 392,507 511 Construction Fund 51,386 601 Prairie Village Liquor 125,428 602 Den Road Liquor 196,184 603 Prairie View Liquor 126,566 605 Den Road Building 5,300 701 Water Fund 230,006 702 Sewer Fund 186,050 703 Storm Drainage Fund 216,020 800 TIF 1,274 803 Escrow Fund 23,487 806 SAC Agency Fund 68,200 Report Totals 3,312,060 City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 1623 5,300 UNITED PROPERTIES Accounts Receivable Den Road Building 1624 84,462 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1625 21,908 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1626 8,709 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1627 14,960 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1628 248 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1629 62,057 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store 1630 63,851 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1631 63,851 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1632 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Services 1637 20,785 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1638 4,811 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1639 88,197 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1640 22,809 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1641 8,709 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1642 16,325 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1672 29,913 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 114327 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 114329 430 BLOOMINGTON,CITY OF Kennel Services Animal Control 114330 98 BROWN,JENNIE M. Travel Expense Heritage Preservation 114331 13 CRAIN,BETTE Program Fee Senior Center Program 114332 170 CUMMINGS,KIM Video&Photo Supplies Fire 114333 250 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Information Technology 114334 2,213 EDEN PRAIRIE TRANSMISSION Equipment Repair&Maint Ice Arena 114335 176 FEDEX Postage General 114336 128 GERTZ,JOHN Travel Expense Heritage Preservation 114337 34,280 GRAUS CONTRACTING INC Building Capital lmpr./Maint.Fund 114338 2,031 HENNEPIN CNTY TREAS-GENERAL Board of Prisoner Police 114339 205 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 114340 138,163 HENNEPIN COUNTY TREASURER Licenses&Taxes United Properties 114341 150 IIMC Dues&Subscriptions In Service Training 114342 50 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 114343 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 114344 15,230 KRUSE CONSTRUCTION COMPANY Other Contracted Services 2000 Rehab 114345 2,000 KWANT,TERI K. Other Contracted Services Planning&Development 114346 65 MAA Tuition Reimbursement/School Fire 114347 42 MAZZOLINI,PHYLLIS Program Fee Adult Program 114348 110 MGWA Conference Expense Water Utility-General 114349 2,094 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 114350 228 OFFICE DEPOT CREDIT PLAN Office Supplies General 114351 596 PARK NICOLLET-AIRPORT Other Contracted Services Risk Management 114352 233 PETTY CASH Cash Over/Short General Fund 114354 4,836 QWEST Telephone E-911 Program 114355 346 REGENCY TOWNHOMES AR Utility Water Enterprise Fund 114356 74 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 114357 5 VERIZON WIRELESS Other Contracted Services Police 114358 125 WERTS,SANDY Travel Expense In Service Training 114359 1,404 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 114360 471 ADAMS,BETSY Travel Expense 1999 CLG Grant 114361 1,855 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 114362 80 BAGELMAN'S NEWYORK BAKERY Miscellaneous General Facilities 114363 22 BATEMAN,ANNE Program Fee Outdoor Center 114364 90 BOLD,PAULINE Instructor Service Outdoor Center 114365 207 CLAREYS INC Equipment Testing/Cert. Sewer System Maintenance 114366 247 COMARK GOVT&EDUCATION SALES Capital Under$2,000 Fire 114367 1,504 CONSOLIDATED SERVICE CORP Insurance Risk Management 114368 2,920 COPELAND BUILDING CORP Cash Park Fees Park Acquisition&Development 114369 58 DEERBROOKE CONSTRUCTION Cash Over/Short General Fund 114370 124 . DELL MARKETING L.P. Other Hardware Information Technology 114371 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant 114372 15 DEPT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant 114373 100 DEPT OF NATURAL RESOURCES Other Rentals Parks Administration 114374 171 ECOLAB INC Building Repair&Maint. Cummins Grill 114375 320 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 114376 122 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 114377 40 FREY,TERRI GEIGER Instructor Service Outdoor Center 114379 2,414 GENUINE PARTS COMPANY Equipment Parts Fleet Services 114380 61 GINA MARIAS INC Miscellaneous General Facilities 114381 120 GOETTSCH,JACK Awards Bocce —4- I3T City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114382 2,547 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 114383 20 GOVERNING Dues&Subscriptions Water Utility-General 114384 322 INFRATECH Equipment Parts Sewer System Maintenance 114385 428 KIST,ELISE Travel Expense 1999 CLG Grant 114386 107 KRAEMERS HARDWARE INC Operating Supplies Sewer System Maintenance 114387 367 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 114388 56 MINNCOMM PAGING Pager&Cell Phone Sewer System Maintenance 114389 128 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 114390 5,953 NILSSON,BETH Instructor Service Ice Arena 114391 34 NNDC/NCDC Dues&Subscriptions Water Utility-General 114392 80 ON BELAY OUTDOOR ADVENTURES Instructor Service Outdoor Center 114393 597 PETERSON-BENIKE,LORI Travel Expense 1999 CLG Grant 114394 195 PETTY CASH-POLICE DEPT Travel Expense Police 114395 51 RAGAN COMMUNICATIONS Dues&Subscriptions Water Utility-General 114396 5 ROGNEBY,PEARL Program Fee Senior Center Program 114397 259,617 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 114398 35,662 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 114399 72 TAYLOR,SCOTT Travel Expense Fire 114400 73 THIELMAN,MARC Mileage&Parking General Facilities 114401 168 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 114402 135 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 114403 1,189 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 114404 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 114405 346 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 114406 2,746 BELLBOY CORPORATION Liquor Den Road Liquor Store 114407 270 COMMANDEUR LLC Wine Imported Prairie Village Liquor Store 114408 6,384 DAY DISTRIBUTING Beer Den Road Liquor Store 114409 2,625 EAGLE WINE COMPANY - Wine Domestic ' Den Road Liquor Store 114410 16,187 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store • 114411 489 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 114412 1,435 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 114413 8,678 GRIGGS COOPER&CO Liquor. Prairie Village Liquor Store 114414 439 HOHENSTEINS INC Beer Den Road Liquor Store 114415 16,204 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 114416 1,786 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 114417 12,452 MARK VII Beer Den Road Liquor Store 114418 191 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 114419 2,189 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 114420 9,507 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 114421 454 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 114422 2,960 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 114423 10,624 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 114424 9,042 THORPE DISTRIBUTING Beer Den Road Liquor Store 114425 36 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 114426 746 WINE COMPANY,THE Wine Imported Den Road Liquor Store 114427 2,939 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 114429 2,592 ARCH PAGING Pager&Cell Phone Wireless Communication 114430 60 ASSOCIATION OF METROPOLITAN MU Conference Expense City Council 114431 70 BURNSVILLE LANDFILL Waste Disposal Park Maintenance 114432 1,588 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 114433 1,241 CHANHASSEN,CITY OF Dues&Subscriptions Fire 114434 75 EDEN PRAIRIE NEWS Dues&Subscriptions Water Utility-General 114435 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council 114436 41 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 114437 599 IPMA Dues&Subscriptions In Service Training 114438 91 KRESS,CARLA Mileage&Parking Adaptive Recreation 114439 342 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 114440 1,654 MINNEGASCO Gas Water Treatment Plant 114441 594 MITCHELL,JULIE Other Contracted Services Police 114442 160 NATIONAL RECREATION AND PARKA Dues&Subscriptions In Service Training 114443 200 PETTY CASH-POLICE DEPT Operating Supplies Liquor Compliance 114444 30 QUICKSILVER EXPRESS COURIER Postage General 114445 1,684 Qwest COMMUNICATIONS Pager&Cell Phone Police 114446 88 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 114447 2,233 CLASSIC GYMNASTICS Instructor Service Fall Skill Development 114448 900 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense In Service Training 114449 696 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 114450 160 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 114451 890 GENZ RYAN PLUMBING&HEATING Water Meter Sales Water Enterprise Fund City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114452 101 GRANT,ROBERT R. Operating Supplies Fire 114453 339 HENNEPIN COUNTY Waste Disposal Park Maintenance 114454 7 JOHNSON,SUKHAN Program Fee Tennis 114455 337 LAKELAND FORD TRUCK SALES Capital Under$2,000 Fleet Services 114456 42 LEE,ARLENE Program Fee Special Events&Trips 114457 134 MARSHALL FAMILY FARM MARKET Landscape Materials/Supp Outdoor Center 114458 146 METHODIST HOSPITAL Other Contracted Services Risk Management 114459 108 MIDWEST ENGINE SERVICE&SUPPL Equipment Repair&Maint Park Maintenance 114460 7,592 MINNESOTA STATE TREASURER Building Surcharge General Fund 114461 176 MUHLHAUSER,WENDY Instructor Service Preschool Events • 114462 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 114463 42 PURDY,MARY JO Program Fee Special Events&Trips 114464 60 SPRINGER,KIP Tuition Reimbursement/School Fire 114465 350 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 114466 1,461 US POSTMASTER-HOPKINS Postage Water Accounting 114467 2,587 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Legal Council 114468 1,000 ANOKA COUNTY SHERIFF'S OFFICE Deposits Escrow 114469 48 APPRAISAL INSTITUTE Operating Supplies Assessing 114470 101 AT&T Pager&Cell Phone Police 114471 80 BOLD,PAULINE Instructor Service Outdoor Center 114472 80 CANNON FALLS PSB Tuition Reimbursement/School Police 114473 108 CE&D Tuition Reimbursement/School Police 114474 9,320 CENTERPOINT ENERGY MARKETING I Gas Maintenance 114475 100 FREY,TERRI GEIGER Instructor Service Outdoor Center 114476 257 KALKES,JAYNA Mileage&Parking Human Resources 114477 1,782 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 114478 290 MACA Tuition Reimbursement/School Police 114479 40 MCFERRIN,TANYA Instructor Service Outdoor Center 114480 1,049 SINELL,STEVE Travel Expense In Service Training 114481 783 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 114482 69 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 114483 862 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 114484 130 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 114485 87 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 114486 4,787 BELLBOY CORPORATION Liquor Den Road Liquor Store 114487 8,056 DAY DISTRIBUTING Beer Prairie View Liquor Store 114488 1,957 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 114489 9,747 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 114490 128 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 114491 285 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 114492 10,334 GRIGGS COOPER&CO Liquor Den Road Liquor Store 114494 38,089 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 114495 1,745 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 114496 5,960 MARK VII Beer Den Road Liquor Store 114497 734 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 114498 584 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 114499 2,685 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 114500 655 PEPSI COLA COMPANY Merchandise for Resale Concessions 114501 18,494 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 114502 711 PINNACLE DISTRIBUTING Misc Non Taxable Den Road Liquor Store 114503 1,508 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 114504 10,234 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 114505 31,161 THORPE DISTRIBUTING Beer Den Road Liquor Store 114506 645 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 114507 4,089 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 114508 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 114509 40 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie Village Liquor Store 114510 1,536 CLARK,SOUISE Due to Other Governments SAC Agency Fund 114511 26 CULLIGAN-METRO Operating Supplies Outdoor Center 114512 210 DEPT OF NATURAL RESOURCES Licenses&Taxes Sewer Utility-General • 114513 345 HUMAN SERVICES-EMSOCS Other Contracted Services Park Maintenance 114514 61,776 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 114515 700 MFSCB Employment Support Test Fire 114516 1,355 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 114517 25 MOVE Conference Expense In Service Training 114518 2,510 MRPA Conference Expense In Service Training 114519 230 NATIONAL RECREATION AND PARKA Dues&Subscriptions In Service Training 114520 294 PETTY CASH Video&Photo Supplies Communication Services 114521 7,295 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114522 9,254 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 114523 400 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 114524 15 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund 114525 2,242 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 114526 299 US POSTMASTER-HOPKINS Printing Senior Center Program 114527 157 WAGAR CONSTRUCTION Building Permits General Fund 114528 1,639 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 114529 4,154 XCEL ENERGY Electric Water Treatment Plant 114530 60 ZILKA,AMY Instructor Service Senior Center Program 114531 18 DISH NETWORK Cable TV Ice Arena 114532 500 EDEN PRAIRIE,CITY OF Miscellaneous Prairie Village Liquor Store 114533 380 ENTERTAINMENT PUBLICATIONS INC Deposits Escrow 114534 28 EXPRESS MESSENGER SYSTEMS INC Postage General 114535 11 GRINNELL,SHARON Program Fee Senior Center Program 114536 532 HOME DEPOT/GECF Small Tools Fire 114537 295 INTERSEC COMMUNICATIONS INC Tuition Reimbursement/School Police 114538 25,326 KRUSE,LEON Right of Way&Easement Improvement Projects 1996 114539 90 LARSON,ELIZABETH Other Contracted Services Liquor Compliance 114540 99 MAGC Conference Expense In Service Training 114541 11 MAZZOLINI,PHYLLIS Program Fee Senior Center Program 114542 244 METHODIST HOSPITAL Other Contracted Services Risk Management 114543 1,711 PARK NICOLLET CLINIC Other Contracted Services Risk Management 114544 167 PETTY CASH-POLICE DEPT Postage General 114545 90 PINI,EMILY ROSE Other Contracted Services Liquor Compliance 114546 15 RICHFIELD,CITY OF Operating Supplies Fleet Services 114547 7 SVIHEL,DONNA Program Fee Senior Center Program 114548 3,051 US POSTMASTER-HOPKINS Postage Communication Services 114549 2,831 VWR INTERNATIONAL INC Capital Under$2,000 Water Treatment Plant 114550 388 WHITE,ADAM AR Utility Water Enterprise Fund 114551 103,275 XCEL ENERGY Electric Street Lighting 114552 84 ALT,ORRIN Clothing&Uniforms Police 114553 5 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 114554 60 APCO INTERNATIONAL Dues&Subscriptions Police 114555 177 BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 114556 111 BECKER,DAVE Clothing&Uniforms Police 114557 294 BEST WESTERN APACHE Travel Expense In Service Training 114558 480 BLOOMINGTON,CITY OF Kennel Services Animal Control 114559 200 BLUE EARTH COUNTY SHERIFF'S DE Deposits Escrow 114560 40 BOLD,PAULINE Instructor Service Outdoor Center 114561 55 BOSACKER,MIKE Operating Supplies Police 114562 114 CONLEY,JOYCE Clothing&Uniforms Police 114563 194 DEPARTMENT OF COMMERCE Abandoned Property General Fund 114564 5 GLASSBRENNER,JENNIFER Program Fee Outdoor Center 114565 43,115 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 114566 50 HTCIA Dues&Subscriptions Police 114567 855 IMSA MIDWESTERN SECTION Conference Expense In Service Training 114568 5 KERFELD,STACY Program Fee Outdoor Center 114569 40 KORZENOWSKI,STEVE Instructor Service Outdoor Center 114570 175 LAKE SUPERIOR COLLEGE Conference Expense In Service Training 114571 40 MCFERRIN,TANYA Instructor Service Outdoor Center 114572 171,970 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 114573 19 MINNESOTA SENIOR FEDERATION Dues&Subscriptions Police 114574 125 MN DNR Instructor Service Outdoor Center 114575 40 NEWSTROM,MARK Instructor Service Outdoor Center 114576 6 NORD,JANNA Program Fee Outdoor Center 114577 36 OBERLANDER,CHRISTINE Lessons&Classes • Oak Point Lessons 114578 75 ROHDE,ANDREW Clothing&Uniforms Police 114579 22 SONG,YOUNG Lessons&Classes Oak Point Lessons 114580 3 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 114581 60 TRANS UNION CORPORATION Other Contracted Services Police 114582 50 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 114583 730 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 114584 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 114585 231 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 114586 3,855 BELLBOY CORPORATION Liquor Den Road Liquor Store 114587 4,005 DAY DISTRIBUTING Beer Prairie Village Liquor Store 114588 1,597 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 114589 12,370 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 114590 96 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store , ---1 13h City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114591 609 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 114592 7,783 GRIGGS COOPER&CO Liquor Den Road Liquor Store 114593 302 HOHENSTEINS INC Beer Prairie Village Liquor Store 114595 15,755 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 114596 1,426 LAKE REGION VENDING Tobacco Products Prairie View Liquor Store 114597 5,707 MARK VII Beer Den Road Liquor Store 114598 298 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 114599 1,472 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 114600 105 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 114601 10,884 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 114602 797 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 114603 2,621 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 114604 5,655 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 114605 13,620 THORPE DISTRIBUTING Beer Den Road Liquor Store 114606 56 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 114607 4,609 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 114609 2,249 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 114610 1,051 AMUNDSON CIGAR&CANDY CO Operating Supplies Halloween Party 114611 39 BECKER,DAVE Clothing&Uniforms Police 114612 13 BRUENING,CHARLOTTE/PAUL Program Fee Senior Center Program 114613 190 CHRIS KALOGERSON MUSIC Miscellaneous Prairie View Liquor Store 114614 334 FASTENAL COMPANY Capital Under$2,000 Fleet Services 114615 2,130 FRANKMAN,LELAND J. Right of Way&Easement Improvement Projects 1996 114616 23,560 GENERAL GROWTH WAC-Water Utility Reserve Fund 114617 800 GIRARROSTO TISCANO Deposits Escrow 114618 65 KHOYRATTY,EHTESHAM Fac.Rental-P&R Community Center Admin 114619 30 KING,MARION Special Event Fees Senior Center Program 114620 134 KLITZKE,DONNA Right of Way&Easement Improvement Projects 1996 114621 140 MUNICIPALS Conference Expense In Service Training 114622 115 NATIONAL TRUST FOR HISTORIC PR Dues&Subscriptions Heritage Preservation 114623 375 NCTRC Tuition Reimbursement/School In Service Training 114624 14 OSTMAN,ROBERT/ROSALLA Program Fee Senior Center Program 114625 130 RUSSELL SMITH ASSOCIATES INC Right of Way&Easement Improvement Projects 1996 , 114626 252 SELTZ,JOEL A. Right of Way&Easement Improvement Projects 1996 114627 35 STATE TREASURER Conference Expense In Service Training 114628 2,702 TRETTER,RONALD W. Other Contracted Services 2000 Rehab 114629 436 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 114630 109 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 114631 31 BRACE,LANCE Operating Supplies Fire 114632 88 BUSINESS JOURNAL,THE Dues&Subscriptions In Service Training 114633 306 CRACAUER,CLIFF Mileage&Parking Fleet Services 114634 620 DARTNELL CORPORATION,THE ' Prepaid Expenses Water Enterprise Fund 114635 9,730 DEANOVIC,JIM Deposits Escrow 114636 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 114637 43 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 114638 125 FIREHOUSE MAGAZINE Dues&Subscriptions Fire 114639 392 GE CAPITAL Other Rentals General 114640 50 GOVERNING Dues&Subscriptions Water Utility-General 114641 322 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology 114642 170 IAFC Dues&Subscriptions Fire 114643 60 KALKES,JAYNA Employee Award Human Resources 114644 173,258 KUSSKE CONSTRUCTION Improvement Contracts Storm Drainage Projects 114645 51,312 LOGIS LOGIS Information Technology 114646 32 MAGNUSON,PATRICIA Abandoned Property General Fund 114647 199 MENARDS Operating Supplies Heritage Preservation 114648 600 MFSCB Licenses&Taxes Fire 114649 129 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 114650 435 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 114651 30 MPSA Conference Expense In Service Training 114652 150 PARKWAY APARTMENTS Hope Loan Receivable Hope Loan Damage Deposit 114653 303 PETTY CASH Tuition Reimbursement/School In Service Training 114654 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert 114655 69 SAGE PUBLICATIONS INC. Prepaid Expenses Water Enterprise Fund 114656 380 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 114657 20 SCHAITBERGER,CHUCK Abandoned Property General Fund 114658 60 SENSIBLE LAND USE COALITION Miscellaneous In Service Training 114659 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 114660 280 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Utility-General 114661 353 TWIN CITY SCALE CO INC Equipment Repair&Maint Street Maintenance City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114662 175 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 114663 80 WERTS,SANDY Mileage&Parking Senior Center Administration 114664 67 WHITE,NICOLE Mileage&Parking Therapeutic Recreation 114665 3,233 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 114666 40 BOLD,PAULINE Instructor Service Outdoor Center 114667 10,000 CARLSTON,SCOTT Deposits Escrow 114668 8 DONOVAN,SHARON Program Fee Outdoor Center 114669 2,158 ELAN FINANCIAL SERVICES Travel Expense City Council 114670 51 ESBENSEN,GEORGE Travel Expense Fire 114671 6 FLACK,MAX Lessons&Classes Oak Point Lessons 114672 5 GLASSBRENNER,JENNIFER Program Fee Outdoor Center 114673 150 HOLBERG,LYNN Parking Permits Parking 114674 2,305 PLEHAL BLACKTOPPING INC Improvement Contracts Capital Impr./Maint.Fund 114675 180 QWEST Telephone Water Utility-General 114676 300 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 114677 61 SPINNER,LAURA Lessons&Classes Ice Arena 114678 580 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 114679 542 A P LAWN INC Building Repair&Maint. Fire Station#1 114680 180 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 114681 364 ABSOLUTE RAIN INC. Equipment Repair&Maint Fire Station#2 114682 50 ADVANTAGEHEALTH Other Contracted Services Human Resources 114683 547 AERO DRAPERY AND BLIND Other Contracted Services Fire Station#1 114684 419 ALL METRO SUPPLIES Landscape Materials/Supp Water System Maintenance 114685 384 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 114686 680 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 114687 2,768 AMWA Dues&Subscriptions Water Utility-General 114688 123 ANCHOR PAPER COMPANY Office Supplies General 114689 1,092 ANCHOR PRINTING COMPANY Printing Arts Initiative 114690 74 AQUA LOGIC INC Equipment Repair&Maint Pool Maintenance 114691 166 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 114692 . 255 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 114693 225 BALDWIN COOKE COMPANY Operating Supplies Sewer Utility-General 114694 724 BARTON SAND&GRAVEL CO Landscape Materials/Supp Capital Impr.I Maint.Fund 114695 2,619 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 114696 5,275 BAYBERRY FLOWERS Capital Under$2,000 City Center Operations 114697 765 BDH&YOUNG Other Contracted Services General Facilities 114698 1,300 BECKER ARENA PRODUCTS INC Building Repair&Maint. Ice Arena 114699 1,224 BENIEK PROPERTY SERVICES INC. Other Contracted Services Fire Station#2 114700 114 RIFFS INC Other Rentals Fire . 114701 85 BITSTREAM UNDERGROUND Other Contracted Services Airport 114702 1,170 BLACK&VEATCH Other Contracted Services Water Treatment Plant 114703 59 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Fire Station#1 114704 1,707 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 114705 8,991 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 114706 152 BRO-TEX INC Equipment Parts Fleet Services 114707 46 BROADWAY AWARDS Awards Raquetball ' 114708 1,110 BROWN,PAUL Other Contracted Services Park Facilities 114709 271 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 114710 518 BURTON EQUIPMENT INC Capital Under$2,000 Furniture 114711 98 BUSINESS PRODUCTS EXPRESS Office Supplies General 114712 2,265 C&C EMBROIDERY Clothing&Uniforms Fire 114713 6,519 CARGILL SALT Salt Snow&Ice Control 114714 23 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 114715 4,312 CEMSTONE Repair&Maint Supplies Storm Drainage 114716 6,707 CENTRAIRE INC Equipment Repair&Maint Public Works/Parks 114717 1,059 CLAREYS INC Safety Supplies Fleet Services 114718 300 CLASS SOFTWARE SOLUTIONS Office Supplies Community Center Admin 114719 865 COMARK GOVT&EDUCATION SALES Software Information Technology 114720 920 COMPREHENSIVE LOSS MANAGEMENT Training Supplies Sewer Utility-General 114721 1,889 CONCRETE CUTTING&CORING INC Repair&Maint Supplies Storm Drainage 114722 470 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 114723 595 CONSTRUCTION BULLETIN Legal Notices Publishing Construction Fund 114725 3,801 CORPORATE EXPRESS Office Supplies General 114726 13 CROWN MARKING INC Other Contracted Services City Council 114727 358 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 114728 10,042 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 114729 192 CY'S UNIFORMS Clothing&Uniforms Police 114730 2,636 DAHLGREN SHARDLOWAND UBAN Other Contracted Services Guide Plan 114731 53 DAVIES WATER EQUIPMENT CO Repair&Maint Supplies Water System Maintenance City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114732 78 DAY-TIMER Office Supplies Senior Center Administration 114733 12,482 DAYO BUILDERS REMODELERS Building Repair&Maint Water Well#10 114734 397 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 114735 215 DELEGARD TOOL CO Equipment Parts Fleet Services 114736 9,098 DELL MARKETING L.P. Computers Den Road Liquor Store 114737 89 DEM CON LANDFILL LLC Waste Disposal Street Maintenance 114738 650 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 114739 800 DIXIE CARBONIC INC Chemicals Water Treatment Plant 114740 113,094 DMJ CORPORATION Improvement Contracts Capital Impr./Maint.Fund 114741 595 DOWNTOWN COLLISION Equipment Repair&Maint Fleet Services 114742 76 DRISKILLS NEW MARKET Operating Supplies Leisure Time 114743 15,447 DRT TRANSPORT Other Contracted Services Water Treatment Plant 114744 1,744 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 114745 155 EARL F ANDERSEN INC Signs Traffic Signs 114746 13,403 EBERT CONSTRUCTION Building Capital Impr./Maint.Fund 114747 79 ECOLAB INC Other Contracted Services Water Treatment Plant 114748 27 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 114749 7,658 EF JOHNSON Equipment Parts Wireless Communication 114750 240 ELECTRICAL MECHANICAL SERVICES Equipment Repair&Maint Water Treatment Plant 114751 2,430 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 114752 952 FASTSIGNS Operating Supplies Prairie Village Liquor Store 114753 ' 176 FERRELLGAS Motor Fuels Ice Arena 114754 34 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 114755 195 FORCE AMERICA Equipment Parts Fleet Services 114756 120 FRESCO INC Landscape Materials/Supp Park Maintenance 114757 91 FULL CIRCLE PADDING INC Repair&Maint.Supplies Fitness Center 114758 1,442 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 114759 37 GENERAL MUSIC INC Video&Photo Supplies Human Resources 114760 7,930 GENERAL REPAIR SERVICE Capital Under$2,000 Water Treatment Plant 114761 522 GINA MARIAS INC Operating Supplies Fire 114762 905 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 114763 222,551 GRAUS CONTRACTING INC Building Capital Impr./Maint.Fund 114764 326 GREATAMERICA LEASING CORP. Other Rentals General 114765 5 FIANCE ACE HARDWARE Equipment Parts Fleet Services 114766 67,262 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 114767 10,968 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 114768 2,712 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 114769 306 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 114770 1,488 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 114771 458 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 114772 231 HENNEPIN COUNTY TREASURER Other Contracted Services Elections 114773 5,270 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 114774 100 HIGLEY,MARICA Other Contracted Services Adult Open Gym 114775 400 HIGLEY,STEVE Other Contracted Services Volleyball 114776 347 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 114777 10,080 HONEYWELL INC. Other Contracted Services Water Treatment Plant 114778 188 HUDSON MAP COMPANY Operating Supplies Street Maintenance 114779 1,707 HYDROLOGIC Improvements to Land Park Acquisition&Development 114780 1,162 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 114781 351 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 114782 104,942 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 114783 1,119 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 114784 3,606 INFRATECH Other Contracted Services Sewer System Maintenance 114785 509 INNOVATIVE GRAPHICS Deposits Escrow 114786 107 INNOVATIVE PRESENTATIONS Video&Photo Supplies Human Resources 114787 2,000 INSPEC INC. Other Contracted Services Capital Impr./Maint.Fund 114788 200 ISAACS,GARY Other Contracted Services Volleyball • 114789 1,356 ITRON INC. Other Contracted Services Water Meter Reading 114790 164 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Park Maintenance 114791 52 J J KELLER&ASSOCIATES INC Operating Supplies Risk Management 114792 92,140 J-CRAFT DIV OF CRYSTEEL MFG IN Machinery&Equipment Public Works 114793 3,579 JANEX INC Cleaning Supplies General Facilities 114794 691 JEFFERSON FIRE&SAFETY INC Small Tools Fire 114795 70 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 114796 450 JOHNSON,KAMARA Other Contracted Services Park Facilities 114797 1,894 KELLER FENCE COMPANY INC Other Contracted Services Water Utility-General 114798 15 KINDERPRINT CO INC Operating Supplies Police 114799 95 KINKO'S Printing Adaptive Recreation 114800 192 KRAEMERS HARDWARE INC Repair&Maint Supplies Water Treatment Plant City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114801 336 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 114802 274 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 114803 32 LAND CARE EQUIPMENT COMPANY Equipment Parts Fleet Services 114804 2,209 LANO EQUIPMENT INC Other Rentals Park Maintenance 114805 92 LAW ENFORCMENT TARGETS INC Training Supplies Police 114806 220 LEROY JOB TRUCKING Other Contracted Services Animal Control 114807 114 LESCO INC Landscape Materials/Supp Water System Maintenance 114808 621 LIGHTNING PRINTING Printing Senior Center Program 114809 370 LINCOLN EQUIPMENT INC. Operating Supplies Pool Operations 114810 1,500 LORENSON,JEFFREY Other Contracted Services Softball 114811 224 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 114812 490 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire . 114813 956 MAXI-PRINT INC Printing Police 114815 805 MENARDS Repair&Maint.Supplies Water System Maintenance 114816 277 METRO FIRE Protective Clothing Fire 114817 621 METROPOLITAN FORD Equipment Parts Fleet Services 114818 2,578 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 114819 74 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake 114820 138 MIDWEST SPECIALTY SALES INC Equipment Parts Fleet Services 114821 57 MINN BLUE DIGITAL Operating Supplies Engineering 114822 39 MINNESOTA CHIEFS OF POLICE ASS Printing Police 114823 814 MINNESOTA CONWAY Operating Supplies Fire 114824 373 MINNESOTA HORSE&HUNT CLUB Dues&Subscriptions Police 114825 975 MINNESOTA LANDSCAPE&SNOW REM Other Contracted Services Tree Removal 114826 1,853 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous Prairie Village Liquor Store 114827 1,758 MITY-LITE INC Capital Under$2,000 Furniture 114828 404 MTI DISTRIBUTING INC Equipment Parts Fleet Services 114829 392 MUNICILITE Autos Capital Impr./Maint.Fund 114830 285 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 114831 3,766 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 114832 459 NEW PIG CORPORATION Repair&Maint.Supplies Water Treatment Plant 114833 323 NORTH MEMORIAL HEALTH CARE Other Contracted Services Fire 114834 575 NORTHERN TOOL&EQUIPMENT CO. Capital Under$2,000 Capital Outlay Parks 114835 1,658 NORTHSHORE ADVISORS LLC Bank and Service Charges Finance 114836 565 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Police 114837 46 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 114838 317 OLSEN COMPANIES Equipment Repair&Maint Fire Station#3 114839 98 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 114840 1,043 PANNIER Capital Under$2,000 Outdoor Center 114841 64 PAPER WAREHOUSE Employee Award Human Resources 114842 15,429 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 114843 256 PARTEK SUPPLY INC Landscape Materials/Supp Capital Impr./Maint.Fund 114844 79 PETSMART Canine Supplies Police 114845 599 POWERPLAN Equipment Repair&Maint Fleet Services 114846 2,936 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Pool Maintenance 114847 121 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 114848 512 PRAIRIE OFFSET PRINTING Fire Prevention Supplies Fire 114849 128 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 114850 196 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 114851 34 RAINBOW FOODS INC. Operating Supplies Senior Center Program 114852 2,078 RAINBOW TREECARE Other Contracted Services Capital Impr./Maint.Fund 114853 874 RAY,LEE Other Contracted Services Softball 114854 368 RIVER CITY DATA INC Office Supplies Water System Maintenance 114855 65,980 RMR SERVICES INC Merchandise for Resale Water Meter Reading 114856 300 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 114857 154 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 114858 1,368 S&D DOOR REPAIR INC Building Repair&Maint. Hidden Ponds Reservoir 114859 719 SA-AG INC Operating Supplies Traffic Signs 114860 94 SCAFFOLD SERVICE INC Equipment Repair&Maint Water Treatment Plant 114861 1,042 SCHAD TRACY SIGNS Other Contracted Services Prairie View Liquor Store 114862 500 SCHROEDER,EUGENE Other Contracted Services Summer Skill Development 114863 2,100 SCHULTZ,WILBUR Other Contracted Services Softball 114864 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 114865 684 SE-ME INC Video&Photo Supplies Police 114866 29,779 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 114867 100 SHRED-IT Waste Disposal City Center Operations 114868 456 SNAP-ON TOOLS Small Tools Water Treatment Plant 114869 148 SNELL MECHANICAL INC Building Repair&Maint. Ice Arena 114870 588 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology City of Eden Prairie Council Check Register 11/12/2002 Check# Amount Vendor Account Description Business Unit 114871 11,260 SOUTHRIDGE CONSTRUCTION Building Park Acquisition&Development 114872 321 SOUTHWEST LOCK&KEY Building Repair&Maint Maintenance 114873 150 SPECKEN,DAVID J. Other Contracted Services Basketball 114874 270 SPECKEN,SCOTf T. Other Contracted Services Basketball 114875 57,752 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 114876 681 STANDARD SPRING Equipment Repair&Maint Fleet Services 114877 296 STERICYCLE INC Other Contracted Services Police 114878 787 STREICHERS Clothing&Uniforms Police 114879 651 SUBURBAN CHEVROLET GEO Capital Under$2,000 Fleet Services 114880 111 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 114881 13,546 SUMMIT ENVIROSOLUTIONS Other Contracted Services Water Treatment Plant 114882 47 SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions 114883 204 SURVIVALINK CORP Safety Supplies Fire 114884 125 SWEDLUNDS Waste Disposal Outdoor Center 114885 3,136 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 114886 84 TEE JAY NORTH INC Building Repair&Maint. Maintenance 114887 165 TESSCO Equipment Repair&Maint Wireless Communication • 114888 2,316 TRAUT WELLS Equipment Repair&Maint Water Well#9 114889 932 TRUCK UTILITIES MFG CO Autos Capitallmpr./Maint.Fund 114890 719 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 114891 336 TWIN CITY OXYGEN CO Operating Supplies Fire 114892 2,132 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 114893 57 UNION LINE INC/GRAYBEAR Clothing&Uniforms Fire 114894 327 UNLIMITED SUPPLIES INC Repair&Maint.Supplies Water System Maintenance 114895 126 US CAVALRY Clothing&Uniforms Police 114896 3,081 US FILTERIWATERPRO Repair&Maint.Supplies Water Utility-General 114897 36,814 VEIT&CO Improvements to Land Construction Fund 114898 540 VOIGHT,JEFF Other Contracted Services Softball 114899 168 VWR INTERNATIONAL INC Protective Clothing Water Treatment Plant 114900 502 W W GRAINGER Repair&Maint.Supplies Water Treatment Plant 114901 821 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 114902 1,277 WATSON CO INC,THE Merchandise for Resale Concessions 114903 4,535 WENZEL PLUMBING Other Contracted Services 2000 Rehab 114904 746 WEST WELD Equipment Parts Fleet Services 114905 1,521 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 114906 4,676 WESTSIDE OUTDOOR MAINTENANCE Other Contracted Services Storm Drainage Projects 114907 2,084 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Construction Fund 114908 182 WHEELER LUMBER LLC Operating Supplies Traffic Signs 114909 160 WHOLESALE ART AND FRAMING Video&Photo Supplies Human Resources 114910 536 WOLF CAMERA Video&Photo Supplies Human Resources 114911 185 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 114912 834 ZEP MANUFACTURING CO Operating Supplies Fleet Services 114913 580 ZIEGLER INC Equipment Repair&Maint Public Works/Parks 3,312,060 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions November 12,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Management and Budget: Don Uram First and Second Readings of an Ordinance defining the terms "Persons or families of. . . moderate income" as those terms used in Subdivision 11 defining"Housing Districts" Requested Action Move to: Approve first and second readings of an Ordinance pursuant to authority granted by M.S. § 469.174, Subdivision 11, defining the terms "Persons or families of...moderate income" as those terms used in Subdivision 11 defining"Housing Districts"and adopt the Resolution approving Summary Ordinance. Synopsis • The City Council has declared it a public purpose to assist in the construction of housing for low and moderate income families and to prevent substandard housing conditions by housing persons of varied economic means and a wide range of incomes in the same developments. The purpose of this ordinance is to help alleviate these conditions and thereby provide housing at prices or rentals within the means of persons and families of low and moderate income. One way to do this is to make available public assistance in the form of tax increment financing for a project constituting a housing district. M.S. §469.1761 requires that for a tax increment financing district to qualify as a housing district, the income limitations provided in the section must be satisfied. A property satisfies the income requirements for a qualified residential rental project if 20%or more of the residential units in the project are occupied by individuals whose income is 50%or less of area median gross income.In addition, M.S. § 469.174, Subd. 11 states that a housing district consists of a project intended for occupancy in part by persons or families of low and moderate income as defined in specified federal statutes and"any other similar present or future...municipal legislation."Subdivision 11 further states that a district does not qualify as a housing district if the fair market value of the improvements which are constructed in the district for commercial uses or for uses other than low and moderate income housing consists of more than 20% of the total fair market value of the planned improvements. In order to achieve the goals of the public policies,it is the purpose of this ordinance to define the terms "persons or families of...moderate income"as used in M.S. §469.174,Subd. 11. The terms"persons or families of...moderate income" as used in M.S. § 469.174, Subd. 11 are defined as -persons or families whose incomes do not exceed 125%of the median income as determined by the United States Department of Housing and Urban Development for the Minneapolis/St. Paul Metropolitan Area. Attachments Ordinance 1ya CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -02 PURSUANT TO AUTHORITY GRANTED BY M.S. § 469.174, SUBDIVISION 11, AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, DEFINING THE TERMS "PERSONS OR FAMILIES OF MODERATE INCOME"AS THOSE TERMS ARE USED IN SUBDIVISION 11 DEFINING"HOUSING DISTRICTS." THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. Findings and Declaration of Policy A. The State of Minnesota has found and declared that (i) as a result of, among others, "the inability of private enterprise and investment to produce without public assistance a sufficient supply of decent, safe and sanitary residential dwellings at prices and rentals which persons and families of low and moderate income can afford, there exists within the State of Minnesota a serious shortage of decent, safe and sanitary housing at prices or rentals within the means of persons and families of low and moderate income."; (ii) the "shortage of housing for low and moderate income families is inimical to the safety, health, morals and welfare of the residents of the state and the sound growth and development of its communities"; (iii) an adequate supply of a variety of housing types serving persons and families of all income levels and properly planned and related to public transportation, facilities and utilities, sources of employment and service is essential to the orderly growth and prosperity of the state and its communities; (iv)that it is a valid public purpose to construct housing for low and moderate income families who would be unable to obtain adequate housing at prices or rentals they could afford and to prevent substandard housing conditions by housing persons of varied economic means and a wide range of incomes in the same developments, properly planned and related to public facilities and sources of employment and services. B. The Council adopts the findings of the State of Minnesota and further finds these conditions to exist and prevail within the City and finds and declares it is a public purpose to assist in the construction of housing for low and moderate income families who would otherwise be unable to obtain adequate housing at prices or rentals they could afford and to prevent substandard housing conditions by housing persons of varied economic means and a wide range of incomes in the same developments, properly planned and related to public facilities and sources of employment and services. C. The purpose of this ordinance is to alleviate these conditions and thereby provide housing at prices or rentals within the means of persons and families of low and moderate income in economically integrated developments. One of the means to do so is to make available public assistance in the form of tax increment financing (M.S. § § 469.174-469.179, the "Act") for a project or projects constituting a housing district as provided by the Act. M.S. Section 469.1761 requires that for a tax increment financing district to qualify as a 1143 housing district, the income limitations provided in the section must be satisfied. A property must satisfy the income requirements for a qualified residential rental project as defined in § 142(d) of the Internal Revenue Code (26 USC A § 142(d). That section includes as a qualified residential rental project, one in which 20% or more of the residential units in the project are occupied by individuals whose income is 50% or less of area median gross income. In addition to the requirement contained in M.S. § 469.1761 M.S. § 469.174, Subd. 11 states that a housing district consists of a project intended for occupancy in part by persons or families of low and moderate income as defined in specified federal statutes and "any other similar present or future municipal legislation."Subdivision 11 further states that a district does not qualify as a housing district if the fair market value of the improvements which are constructed in the district for commercial uses or for uses other than low and moderate income housing consists of more than 20% of the total fair market value of the planned improvements. In order to achieve the goals of the public policies and purposes set forth above, it is the purpose of this ordinance to define the terms "persons or families of moderate income" as used in M.S. § 469.174,Subd. 11. Section 2. Definition of"Persons or Families of Moderate Income" The terms "persons or families of moderate income" as used in M.S. § 469.174, Subd. 11 are defined pursuant to the authority delegated in Subdivision 11, as - persons or families whose incomes do not exceed 125% of the median income as determined by the United States Department of Housing and Urban Development for the Minneapolis/St.Paul Metropolitan Area. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. EPOrdinancTIF ord10702 � y � CITY OF EDEN PRAIREE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2002-183 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 32-2002 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 32-2002 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 12th day of November,2002; NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 32-2002 is lengthy and contains charts. B. The test of summary of Ordinance No. 32-2002, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 32-2002 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on November 12, 2002. Nancy Tyra-Lukens,Mayor ATTEST: (Seal) Kathleen Porta, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 32-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,PURSUANT TO AUTHORITY GRANTED BY M.S. §469.174,SUBDIVISION 11,DEFINING THE TERMS "PERSONS OR FAMILIES OF MODERATE INCOME"AS THOSE TERMS ARE USED IN SUBDIVISION 11 DEFINING"HOUSING DISTRICTS." The following is only a summary of Ordinance No. 32-2002. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the ordinance is to define the terms"persons or families of moderate income" as used in M.S. § 469.174, Subd 11 as persons or families whose incomes do not exceed 125% of the median income as determined by the United States Department of Housing and Urban Development for the Minneapolis/St.Paul Metropolitan Area. Effective Date: This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on