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HomeMy WebLinkAboutCity Council - 01/07/2003AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 7,2003 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young 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. 11. 111. IV. V. VI. VII. ROLL CALL / CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION SWEARING IN OF MAYOR TYRA-LUKENS AND COUNCILMEMBERS RON CASE AND PHILIP YOUNG APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES A. B. CONSENT CALENDAR A. B. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 17,2002 (p. 1) CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 17,2002 (p. 3) CLERK’S LICENSE LIST (p. 24) RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS (p. 25) RESOLUTION DESIGNATING DEPOSITORIES @. 27) RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS (p. 29) RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS (p. 31) RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE @. 33) C. D. E. F. CITY COUNCIL AGENDA January 7,2003 Page 2 G. RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL @ .35) H. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY @. 37) I. RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2003 @. 39) VIII. PUBLIC HEAIUNGS / MEETINGS IX. PATlMENT OF CLAIMS Cp. 41) X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER Cp.51) B. RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2003 AND APPOINTING COUNCILMEMBER CASE ACTING MAYOR @. 66) C. RESOLUTION APPOINTING COUNCILMEMBER CASE AS THE DIRECTOR AND COUNCILMEMBER YOUNG AS THE ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY POR 2003 Cp. 68) D. APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST METRO TRANSIT BOARD AS THE EDEN PRAIRIE CITIZEN REPRESENTATIVE FOR A THREE-YEAR TERM @. 70) E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES Cp. 71) F. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES @. 72) G. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION @. 73) H. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE SOUTHWEST CORRIDOR COMMISSION @. 74) CITY COUNClLAGENDA January 7,2003 Page 3 I. J. K L. M. N. 0. APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL (p. 75) APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST CABLE TV COMMISSION (p. 76) APPOINTMENT OF MAYOR TYRA-LUmNS TO THE EDEN PRAIRIE FOUNDATION (p. 77) APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE 1-494 CORRIDOR COMMISSION (p. 78) APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE (p. 79) APPOINTMENT OF COUNCILMEMBER YOUNG TO THE CITY AND SCHOOL FACILITIES USE TASK FORCE (p. 80) APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE BUILDING ASSETS TOGETHER COMMITTEE (p. 81) XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. D. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. H. REPORT OF CITY ATTORNEY REPORT OF PARKS AND RECREATION DIRECTOR REPORT OF PUBLIC WORKS DIRECTOR REPORT OF MANAGEMENT AND BUDGET DIRECTOR XV. OTHER BUSINESS XVI. ADJOURNMENT E. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOPLFORUM TUESDAY, DECEMBER 17,2002 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM 11 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, 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 11 I. CALL MEETING TO ORDER 11. APPROVAL OF AGENDA 111. BUSINESS SURVEY Economic Development Manager David Lindahl introduced the consultant fkom Huberty Marketing Research, the company that conducted the City’s business survey. Mr. Huberty’s background includes 22 years of marketing research experience, much of it with ad agencies. Mr. Huberty presented highlights of the 64-page detailed report prepared for the City on the results of this study. Huberty conduct a survey of the business community to help identify wants and needs and ways in which the City can improve delivery of services. The study consisted of 400 telephone interviews with a random sample of Eden Prairie’s business executives, owners, presidents and managers. The interviews were conducted in October 2002 and averaged 22 minutes in length, The Sample Profile The sample profile indicates 40% of companies describe themselves as service-based, 19% are retail trade, 18% finance, insurance and real estate-related, 9% manufacturing, 4% construction, 4% wholesale trade, and 3% transportation, communication, electric and gas. The sample profile also showed that 65% of responding businesses have high-speed internet access, and of those that do not, more than a third plan to obtain it. Sixty percent of businesses have a web site, and 40% of those that don’t plan to establish one within the next two years. Forty-five percent of businesses have been located in Eden Prairie for more than 10 years, and fewer than 9% have been here for less than two years. Detailed Findings Forty-five percent of businesses located in Eden Prairie because it is “a great place for business. Thirty-three percent cited location as a factor for coming to Eden Prairie, and 20% said it is a great place to live. 7 1 % of respondents rated the business climate in Eden Prairie as excellent or above average, with only 7% saying the climate is below average or failing. Uns-iendly business atmosphere (including the tax rate), traffic congestion, and extraneous circumstances were listed as the most serious issues facing businesses in Eden Prairie. A third of businesses said the City’s Economic Development Division should focus mainly on “catering to business.” Also of note - 25% of respondents said they did not how what the Economic Development Division should focus on. Half of respondents had no official contact with the City during the past year, and 10% had six or more contacts with the City. Seventy-seven percent of those who contacted the City were satisfied with the way in which the transaction was handled. Of businesses that said they were planning to relocate outside Eden Prairie, 63% cited “uns-iendliness to business” as the primary reason. Considering the amount of taxes they pay, 79% of businesses say they consider the quality of services they receive from the City to be average to excellent. Two-thirds of respondents said they do not see a need for a large meeting area in Eden Prairie for conferences or conventions. Eighty-one percent of businesses said Eden Prairie would benefit from creation of a new organization comprised of businesses, the Chamber of Commerce, city government, educational institutions to promote Eden Prairie. However, only one percent said they would help organize such a group and 29% would be interested in membership. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) There were no scheduled speakers. VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak at Open Podium. VII. ADJOURNMENT UNAPPROVED "TJTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 17,2002 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation 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 Peggy Rasmussen I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:07 p.m. Tyra-Lukens expressed her thanks to Councilmember Luse for serving on the Council this year. Luse said it had been a tremendous opportunity. He stated that Eden Prairie is a great City and he admires the way it is being run. Tyra-Lukens thanked her fellow Councilmembers for their work and for appointing her to fill out the term of Mayor Jean Harris. This year has seen a lot of transition, with a new city manager, human resources director, police chief and fire chief. It has been a busy year, with the Council considering many time-consuming matters, among them a smoking ordinance, negotiations with the Metropolitan Airports Commission, and LRT. 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION Tyra-Lukens stated the 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, with 6:30 to 650 p.m. 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:OO p.m., is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. BONDSALES A. BOND SALE OF $3,185,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1992A & 1993A PARK BONDS) SERIES 2003A JResolution No. 2002-187) 3 cITYcouNcILMINuTEs December 17,2002 Page 2 Neal introduced Paul Donna, &om Northland Securities, who explained that two resolutions are being considered awarding the issuance and sale of refunding bonds. The first is for $3,185,000 in General Obligation Refunding Bonds, Series 2003A, and the second is for $2,710,000 in General Obligation Refunding Bonds, Series 2003B. As is customary with the City’s bond issues, the City applied to Moody’s Investment Service for a credit rating on the bonds. Moody’s affirmed the City’s Aal rating. This rating is based on a substantial and diversified tax base, low amount of rapidly amortized debt and a well-managed financial operation. Moody’s believes that the City’s substantial tax base will continue its trend of strong growth as a result of recently completed and planned commercial and industrial development, in addition to the strong residential housing growth. Moody’s anticipates the City’s debt burden will decline, given low future borrowing needs and expected future tax rate growth. The overall debt burden (including Hennepin County and ISD 272) is just below the average of 2.9 percent. The City’s direct debt burden is very low at 0.6 percent. Moody’s expects the City’s financial position to remain strong due to a history of strong financial management, as demonstrated by operating results that consistently outperform the conservatively budgeted figures. In the discussion with the representative from Moody’s, significant attention was paid to the financial policies the City has in place, all of which contribute to the Aal rating. There are seven cities in Minnesota that have Aal ratings, and only five have AAA ratings. To achieve a AAA rating, the representative from Moody’s indicated that they would like to see the City mature more from a development standpoint. Donna said the Series 2003A bonds combine two outstanding bond issues. With the winning bid awarded with an average coupon rate of 3.3%, the City will save $524,918 in interest on that bond issue. Donna recommended awarding the sale of the Series 2003A bonds to the low bidder, U.S. Bancorp Piper Jafflay. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2002- 187 relating to $3,185,000 General Obligation Refunding Bonds (Refunding of 1992A and 1993A Park Bonds), Series 2003A. Motion carried 5-0. B. BOND SALE OF $2,710,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1993C BONDS) SEIUES 2003B (Resolution No. 2002-1 88) The purpose of this refimding bond issue is to refund a portion of the $6,735,000 General Obligation Water and Sewer Refunding Bonds, Series 1993C, for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2004-2008 maturities totaling $2,665,000. The average outstanding coupon rate for the bonds to be refunded is 5.622%. The average 4 CITYCOUNCILRlINUTES December 17,2002 Page 3 coupon on the new bonds is 3.06%. The total net savings is $243,925 with a net present value debt service savings of $217,748. Donna recommended awarding the sale of Series 2003B bonds to the low bidder, Cronin and Company. Refunding these bonds in addition to calling two other bonds will save the City about $1,120,948 in total interest costs over the next 10 years. MOTION: Case moved, seconded by Mosman, to adopt Resolution No. 2002- 188 relating to $2,7 10,000 General Obligation Refunding Bonds (Refunding of 1993C Bonds), Series 2003B. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Item 2 under XIV.C. REPORT OF PARKS AND RECREATION DIRECTION, a resolution accepting a land donation to the City. Neal also added Item 1 under XIV.B. REPORT OF CITY MANAGER, concerning his six-month performance review. Neal asked to remove Item 1. Habitat for Technology, under XIV.H. REPORT OF MANAGEMENT AND BUDGET DIRECTOR, because Habitat for Technology has asked to withdraw its grant request at this time. Luse requested the item be left on the agenda in order to raise specific questions and present some concerns he has relating to this subject, so they become part of the record. ’ MOTION: Mosman moved, seconded by Luse, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. TRUTH-IN-TAXATION HEARING, DECEMBER 2,2002 MOTION: Mosman moved, seconded by Luse, to approve the minutes of the Truth-In-Taxation Hearing held on December 2, 2002, as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD DECEMBER 3,2002 MOTION: Case moved, seconded by Butcher, to approve the minutes of the Council Workshop held December 3,2002, as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD DECEMBER 3,2002 MOTION: Butcher moved, seconded by Mosman, to approve the meeting of the City Council held December 3,2002, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST 5 cITYcouNczLMINLsTEs December 17,2002 Page 4 B. C. D. E. F. G. H. I. J. K. L. M. N. 0. ADOPT RESOLUTION NO. 2002-189 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES loTH ADDITION ADOPT RESOLUTION NO. 2002-190 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES ADOPT RESOLUTION NO. 2002-191 AUTHORIZING CALL OF CERTAIN OUTSTANDING G.O. IMPROVEMENT BONDS, SERIES 1993B ACKNOWLEDGEMENT OF LEASE TERMINATION WITH ROSEMOUNT, INC. AND CONVEYANCE OF QUIT CLAIM DEED DECLARE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE CITY MANAGER TO DISPOSE OF PROPERTY THROUGH PUBLIC SALE ADOPT RESOLUTION NO. 2002-192 TO PETITION RILEY- PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR RILEY & RICE MARSH LAKE WATER QUALITY IMPROVEMENT PROJECT APPROVE CHANGE ORDER NO. 1 FOR BRYANT LAKE DRIVE TRAIL PROJECT TO DMJ COPRORATION, I.C. 00-5514 ADOPT RESOLUTION NO. 2002-193 RECEIVING 100% PETITION FROM NORTH AMERICAN PROPERTIES FOR TRAFFIC SIGNAL IMPROVEMENTS FOR SOUTHWEST STATION, I.C. 03-5590 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR 5590 SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS, I.C. 03- - APPROVE CHANGE ORDER NO. 1 FOR EMERGENCY VEHICLE PREEMPTION SYSTEM, I.C. 01-5541 APPROVE CHANGE ORDER NO. 1 FOR PIONEER TRAIL AND TH 212 UTILITY IMPROVEMENTS, I.C. 52-204 APPROVE CHANGE ORDER NO. 1 FOR GLENSHIRE ADDITION WETLAND MITIGATION IMPROVEMENTS, I.C. 98-5467 APPROVE CHANGE ORDER NO. 2 FOR CHARLSON AREA 5564 IMPROVEMENT - PHASE 11 FROM INGRAM EXCAVATING, I.C. 02- - AWARD CONTRACTS FOR MAINTENANCE AND WATER TREATMENT CHEMICALS FOR 2003 6 mcouNcT[,MINuTEs December 17,2002 Page 5 P. AUTHORTZE ACOUISITION OF WETLAND CREDITS Q. ADOPT RESOLUTION NO. 2002-194 CERTIFYING THE 2003 PROPERTY TAX LEVY AND APPROVE 2003 BUDGET MOTION: Butcher moved, seconded by Case, to approve Items A-Q of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS / MEETINGS A. UPDATE OF PARK AND OPEN SPACE SYSTEM PLAN Neal said official notice of this public hearing was published in the December 8, 2002, Star Tribune and the December 12, 2002, Eden Prairie News. The Parks, Recreation and Natural Resources Commission approved the plan at its November 4,2002 meeting. The Planning Board approved the Park and Open Space System Plan at their November 25 meeting. Upon approval of the draft by the City Council, it will be forwarded for review to the Metropolitan Council and to the communities surrounding Eden Prairie. Upon review and approval by the Metropolitan Council, the City Council will approve the final plan in April. At that time staff will order printing of the final approved copies. The Council discussed this item at a Council Workshop four weeks ago. Lambert said the Friends of Birch Island Woods did an excellent job of reviewing the draft of the updated plan. The group submitted comments and suggested amendments to the plan in a letter dated November 12 and in a November 16 letter. Most recommendations clarify descriptions or supplement the information in the plan. On page 6 in the November 12 letter from Friends of Birch Island Woods, the group recommended changing the terminology from a “Living Farm” to a “Living History Farm”, and to add several farms to it. On page 8, under Chapter 6, there is ST question fiom the group as to whether or not the City wants to include water resources in this document. Lambert said the City is in the process of developing its own wetland plan, and information on water resources will be included. Therefore, he did not want to get into a lot of detail on water resources in the Park and Open Space System Plan. On page 10 of the letter, there is a question on whether any funds have been designated to improve the entry to Birch Island Park from County Road 4. Lambert said the answer is that the City does not have any designated funds. In the November 16 letter, on page 4 of the recommendations, is the question “Should Minnesota Land Trust conservation easement on the Enblom property and the City’s conservation easement on land in use for the Heights and Valley View complex be figured into this area’s profile?” Lambert said this document does not list private property owners’ own easements they may have with 7 cITYcomclLMINuTEs December 17,2002 Page 6 Minnesota Land Trust. The City would not have any way of tracking all this. The City’s own conservation easements will be listed, however. On page 6 of that letter, is a good suggestion to include additional information on an entry to the Purgatory Creek Recreational Area. Lambert said a detailed map of the entry itself should be included. In answer to the question in the last paragraph on page 6, there are some entry points at this time. He will add a sentence that was suggested about the pristine quality of the woods. On page 7 there is quite a bit of information that includes a suggestion for the City to have a woods-keeper. The Parks Commission said the City ought to consider that. However, he didn’t believe it would be appropriate to put it in the Park and Open Space plan, which deals with planning sites and land use, because that is an operational question. On page 8, under “Cross-country Ski Trails”, about developing future cross- country ski areas, Lambert recommended adding Edenvale Conservation Area, but not the Birch Island Park, the Woods and Glen Lake Golf Course area. Lambert said he would not recommend adding a ski trail without first having a conversation with the people who own or lease the land in question. Lambert said he would support all the recommendations in those 18 pages, other than those exceptions he mentioned. Mayor Tyra-Lukens asked if anyone wished to address the Council on this plan. Jeff Strate, 15021 Summerhill Drive, said comments from the Friends of Birch Island Woods were submitted as the normal part of the process for reviewing comprehensive plans for parks and open spaces. Because a number of those in the group know quite a bit about northern Eden Prairie, the City helped them get a copy of the draft plan, and they reviewed it over the past number of days. The Metropolitan Council’s decisions for planning are based on documents like this. He recommended that people read it because the City has done a great job on its parks and recreation systems. However, the group believed that conservation areas like Riley Creek, Prairie Blufc Birch Island Woods and Edenvale needed a more complete profile so the Metropolitan Council knows what is going on there. They hope many of their suggestions will be accepted. Mayor Tyra-Lukens thanked the Friends of Birch Island Woods for reviewing the report. Mike McGraw, 15640 Pioneer Trail, said he wanted to bring up the matter of air pollution on the Staring Lake Park trail. When jet planes take off from the airport and the winds are out of the south, particularly on wann days, there is a cloud of smog fiom the jet fuel that settles in the trees and stays there. He rides his bike around the trail and has suffered from burning eyes and headaches as a result of the smog. 8 CITYCOUNCILR~S December 17,2002 Page 7 Ix. X. On the Internet he found information about air-pollution standards, and pollution fiom jet planes is more serious than he had thought. When jets take off, 90 gallons of fuel are burned per hour. More jets landing at the airport will cause more pollution. He recommended monitoring the air down on the trail. Mayor Tyra-Lukens thanked Mr. McGraw for bringing this matter to their attention. They will ask Scott Kipp to look into it. MOTION: Case moved, seconded by Butcher, to close the public hearing and approve the draft of the Eden Prairie Park and Open Space System Plan dated October 2002, including changes recommended by the Parks, Recreation, and Natural Resources Commission, and changes recommended by the Friends of Birch Island Woods supported by staff. Motion carried 5-0. B. GUIDE PLAN UPDATE - AIRPORT CHAPTER OF THE COMPREHENSIVE GUIDE PLAN Neal said official notice of this public hearing was published in the December 8, 2002, Star Tribune and the December 12, 2002 Eden Prairie News. This is for adoption of the Airport Element and Aviation Goals of the Comprehensive Guide Plan. Action on the Resolution to adopt the Airport Element and Aviation Goals will take place under the Ordinances and Resolutions portion of the agenda. The Community Planning Board voted 9-0-to recommend approval of the Airport Element and Aviation Goals to the City Council at the May 13, 2002 meeting, subject to the City Council and Metropolitan Airports Commission (MAC) entering into a final agreement. Franzen reported that the Comprehensive Guide Plan is required by State law. Chapter 6 is the Airport Element and contains information required by the Metropolitan Council. Chapter 2 covers the Aviation Goals of the City, air space and design of future buildings. Mayor Tyra-Lukens asked if anyone wished to address the Council on Chapter 6. No one did. MOTION: Butcher moved, seconded by Mosman, to close the public hearing on the Airport Element and Aviation Goals of the Comprehensive Guide Plan Update. Motion carried 5-0. 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 Lcaye.” ORDINANCES AND RESOLUTIONS 9 cITYcomTcILB~s December 17,2002 Page 8 A. RESOLUTION NO. 2002-195 ADOPTING FINAL AGREEMENT BETWEEN THE CITY AND MAC REGARDING EXPANSION OF F'LYING CLOUD AIRPORT; RESOLUTION NO. 2002-196 REPEALING RESOLUTIONS 88-299 AND 92-124 AND RESOLUTION NO. 2002-197 ADOPTING CHAPTER 6 AIRPORT ELEMENT AND AMENDMENTS TO AVAIATION GOALS SECTION OF CHAPTER 2 OF THE 2002 COMPREHENSIVE GUIDE PLAN UPDATE Neal stated the City and MAC have been negotiating the terms of an agreement (the Final Agreement) respecting the expansion of the Flying Cloud Airport. The Final Agreement allows the expansion to proceed subject to mandatory and voluntary restrictions upon operations. The Final Agreement requires the amendment of Ordinance 51, the imposition of mandatory and voluntary restrictions upon airport operations and remedies for violation or breach of the agreement. The Final Agreement is contingent upon MAC adopting an amendment to Ordinance 51 and Eden Prairie repealing Resolution 88-299 and Resolution 92-124 and amending the City Comprehensive Guide Plan chapter regarding the Airport. Representatives of the City and MAC negotiated a Memorandum of Understanding (MOTJ) which was adopted by both the Metropolitan Airports Commission and the City Council. Pursuant to the MOU, the parties negotiated the terms of a Final Agreement regarding the expansion of the Airport and restrictions on airport operations. Rosow said there are three resolutions; the first approving the Final Agreement, the second repealing Resolutions 88-299 and 92-124, and the third adopting Amendments to Chapter 2 of the 2002 Comprehensive Guide Plan Update and adopting Chapter 6 - Airport Element. Two years ago it was recommended the City hire special legal counsel with expertise in the area of airport and aviation law. A firm was hired, of which David Reimer is a member. The City Council decided it was in the City's best interest to negotiate with MAC. In December 2001 the fkamework of the Final Agreement was set in a Memorandum of Understanding (MOU). The Final Agreement was approved December 16, 2002 by the Metropolitan Airports Commission. A second MOU was negotiated regarding expansion improvements and other items that need to be resolved between the two parties. Special legal counsel Dan Reimer explained what has happened over the course of the past two years. In the fall of 2000, the issues the City had with MAC were expansion of the Flying Cloud Airport, potential repeal of Ordinance 51, and replacement of mandatory restrictions with voluntary restrictions only. Litigation was being considered. However, the City Council decided that the City would try to work out a negotiated agreement with MAC. A series of discussions followed between representatives fiom the City and MAC. Mayor Jean Harris and Councilmember Ron Case represented the City and Commissioners Coral Houle and Dan Fortier represented MAC. The discussions resulted in the Memorandum of Understanding approved in December 2001. It provided the fmmework for an enforceable agreement. That agreement has been negotiated in a series of conversations with MAC and the FAA, with significant support fkom members of COUNCILM MINUTES December 17,2002 Page 9 City staff and senior members of MAC’S staff. At the time the Council was considering the MOU, Reimer told members of the Council that the FAA would be a critical part of this agreement. Their approval, explicit and implicit, was essential to getting this done. Representative from the City and the MAC met with the FAA in January 2002, and have had continuing discussions throughout the year. Their concerns had to be addressed, which was a difficult and time-consuming task. The ability to limit Stage 2 aircraft was a challenge and took a number of months. The parties arrived at the conclusion that the alternative they have in the agreement was the best way to achieve it. A considerable amount of time was spent looking through other issues that were part of the bigger picture, including infrastructure and parks. Reimer described the terms and conditions of the Final Agreement. The agreement contains a number of limits and restrictions. The focal point is imposition of mandatory limits on aircraft, airport operations and noise, restrictions on aircraft weighing more than 60,000 pounds and prohibition of nighttime run-ups. Stage 2 operations will be discouraged on a voluntary basis. MAC will take action to convert the measure into a mandatory prohibition on Stage 2 aircraft operations if the number of departures from the airport by Stage 2 aircraft exceeds 75 in any one-year period. MAC will not increase the strength of the runway pavement nor will runway length be increased beyond what is proposed in the planned expansion project, from the current 3,900 to 5,000 feet, unless required to do so by state law. Ordinance 51 will be amended to prohibit operations by aircraft weighing more than 60,000 pounds. A voluntary curfew to discourage nighttime operations will be adopted. MAC will also seek to implement other voluntary measures to reduce early morning noise from aircraft (between 6 and 7 a.m.). Maintenance run-ups of planes between 10 p.m. and 7 a.m. will be prohibited. MAC agrees to test certain houses in Eden Prairie near the airport to determine the level of “noise attenuation.” MAC will develop a sound insulation program for any house that does not meet noise standards. As part of the final agreement Reimer said the City will not oppose or challenge the proposed expansion project. However, this agreement deals with fbture growth of the airport and does not constitute approval of expansion by the City. Any requests for building permits or zoning compliance would come at a future time. It is important to realize this is not closing a chapter. Some things will be coming up in the future and should be done, including educating the community about the terms of the Final Agreement. He recommended making that information available on the City’s Web site and in its upcoming newsletter. MAC will publish the new rules on the airport. Regulations such as maintenance run-ups and voluntary restrictions on Stage 2 airplanes would go into effect immediately. In future actions, it is possible others might step in and raise challenges to the Final Agreement and the City or MAC might have to defend CITYCOUNCTL~~S December 17,2002 Page 10 those challenges. Mayor Tyra-Lukens said coming to a final agreement took a long time. Eight years ago, when she was elected to the Council, the airport was an issue then. The City has dealt with it for 15 years. She commended the special legal counsel, Dan Reimer, the City attorney, Ric Rosow, City manager, Scott Neal, former Mayor Harris, and current Councilmembers. She also thanked Zero Expansion, which kept the issue in the forefront of the City’s attention. She thanked the Chamber of Commerce president who spoke in favor of the agreement. She commended the chairman of the Flying Cloud Airport Commission, Mr. Heffelfmger, for the effort he put into his work on the commission. ‘ Luse said Zero Expansion started the political ground swell that has been such a benefit to the community. MAC stepped forward to become a good negotiator and conducted itself well. Luse has been on the Council for the past ten months of the negotiations. He said FAA has been a major obstacle. The City has had great legal help, as well as strong staff support. A lot of people have done a wonderfbl job for the residents. Mosman said one reason she ran for a seat on the City Council two years ago was her opposition to the expansion of the airport. She thought about what could go wrong and what could be done to save the City from that. Because of this agreement, she believed every minute and dollar has been very well spent. She asked Reimer if this is a good agreement for the City of Eden Prairie. Reimer replied he believed it was a good agreement because the City identified its objectives and stuck with them. It is important to recognize this was a negotiated agreement. At first both parties appeared to have mutually exclusive goals. At the same time, they were able to come together and reach something of significant value to everyone. Case said he believed this is a momentous occasion and an extremely important one, but not a glorious one. It won’t rid the City of the airport, but will give the City legal assurances and the airport will not drastically change in its character. Some people representing MAC were a positive influence in arriving at goals, especially Tim Anderson, Deputy Director of Airport Operations for MAC. He is also an Eden Prairie resident. Case found him to be invaluable to have on the MAC side, and also Coral Houle, former mayor of Bloomington and one of two MAC commissioners involved in the negotiations. She assisted often in clearing communication channels. Case said he and Mayor Harris represented the City, and this was his last formal participation with her in a project. This agreement is a premier example of good government at work. Rosow said an important aspect of the agreement is that what the City was able to obtain through this agreement would not have been possible through litigation. It was good for the City. cT-rYcoUNcILM)LNuTEs December 17,2002 Page 11 MOTION: Mosman moved, seconded by Case, to adopt Resolution No. 2002- 195 approving Final Agreement between the City of Eden Prairie and the Metropolitan Airports Commission. Motion carried 5-0. MOTION: Case moved, seconded by Mosman, to adopt Resolution No. 2002- 196 repealing Resolutions 88-299 and 92-124. Motion carried 5-0. MOTION: Butcher moved, seconded by Mosman, to adopt Resolution No. 2002- 197 adopting Chapter 6 - Airport Element and Mendments to the Aviation Goals Section of Chapter 2 of the 2002 Comprehensive Guide Plan Update. Motion carried 5-0. B. MEMORANDUM OF UNDERSTANDING CONCERNING CO- OPERATIVE SOLUTIONS TO INFRASTRUCTURE, RIGHT-OF- WAYBASEMENT AND PARK NEEDS BETWEEN THE CITY AND MAC REGARDING FLYING CLOUD AIRPORT (Resolution No. 2002-198) The City and MAC have been negotiating the terms of a Memorandum of Understanding regarding infrastructure, right-of-way/easement and park needs. The negotiations grew out of discussions between former Mayor Jean Harris and Jeff Hamiel, Executive Director of the Metropolitan Airports Commission, who met in the fall of 2001 and agreed upon the framework for resolution of a variety of issues between the City and MAC. The Infrastructure MOU addresses a significant portion of the issues identified by the Mayor and the Executive Director of MAC. MOTION: Luse moved, seconded by Mosman, to adopt Resolution No. 2002- 198 approving Memorandum of Understanding concerning cooperative solutions to infrastructure, right-of-way easement and park needs between the City of Eden Prairie and the Metropolitan Airports Commission regarding Flying Cloud Airport. Motion carried 5-0. Coral Houle addressed the Council. She said on behalf of MAC, the staff and the commission, they are very pleased that this point has been reached. However, they have been concerned about the recent issues raised by Northwest Airlines. She extended congratulations and thanked everyone on the City Council and staff for all of their hard work and commitment. Kim Vohs said he wanted to speak on behalf of Zero Expansion and express thanks for the hard work. Zero Expansion feels very good about the agreement. They would have preferred to see Ordinance 51 stand but learned it was not legally possible. He hoped the FAA would sign off on the agreement. He thanked the Councilmembers and others who have been a part of this. Tom Heffelfinger, former chair of the Flying Cloud Airport Advisory Commission, said Gary Schmidt should be acknowledged and commended. He found Schmidt to be a forthright staff member of MAC. Also many former members of the Flying Cloud Airport Advisory Commission should be thanked. cITYcouNcIL~~s December 17,2002 Page 12 He believed the commission clearly placed before the Council the issues that enabled the Council to reach this compromise. Other issues of the expansion will be resolved in the future. He urged the Council to consult with MAC about reestablishing the Flying Cloud Airport Advisory Commission. There are many issues in this agreement and otherwise regarding both current use and potential expansion of the airport, for which he believed the City will need a watchdog and for which MAC will need a person with whom they can communicate. Mayor Tyra-Lukens said the Council should add that item to its agenda for discussion after the first of the year. , Mayor Tyra-Lukens recessed the Council for 15 minutes at 8:20 p.m. Council meeting resumed at 8:35 p.m. The XI. PETITIONS, REQUESTS AND COMMUNICATIONS A. BRYANT LAKE HEIGHTS by James Perkins. Request to amend that certain Developer’s Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights, amendment of Exhibit Cy paragraph XI11 of the Developer’s Agreement, by deleting the requirement that all structures on Lot 2, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Location: 7012 Willow Creek Road. Neal stated the City Council held a public hearing on December 3, 2002 to discuss the above request by James and Raynelle Perkins. The public hearing was then closed, and the City Council directed the City Attorney to prepare findings, conclusions and order denying the request, with alternatives for dealing with the gazebo. The Council was asked to choose one of the following alternative findings regarding the gazebo. Finding 27 Variance 2001-07 on July 12, 2001 did not change any circumstances. The gazebo was already located at a 0’ setback and the District Court’s order of January 2, 2001 allowed the owner of Lot 2 to make improvements and repairs to the gazebo, therefore extending its life. Variance 2001-07 neither changed the location of the gazebo, nor extended its useful life, nor compelled any improvement to it. Alternative Finding 27 Variance 2001-07, which allowed a 0’ setback for the gazebo was an action of the City which makes it impractical for the City to require the removal of the gazebo prior to the issuance of building permits on Lots 1 and3. The Council was asked to choose one of the following alternative orders. CITY COUNCTL~IINUTES December 17,2002 Page 13 - Order Based upon the above, the City Council hereby determines: Amendment of Developer’s Agreement deleting the requirement that structures be removed from Lots 1, 2 and 3 prior to the issuance of a building permit for Lot 1 or 3 is denied. Alternative Order Based upon the above, the City Council hereby determines: Amendment of Developer’s Agreement deleting the requirement that structures be removed from Lots 1,2 and 3 prior to the issuance of a building permit for Lot 1 or 3 is denied, with the exception that the City Council hereby approves an amendment to the Developer’s Agreement allowing building permits to be issued for Lots 1, 2 and 3, Block 1 without removal of the gazebo on Lot 2, which was the subject of Variance Order 2001-07. Luse asked to share information about this issue and would like to make a motion in order to share it. Tyra-Lukens said the Council had asked staff to prepare findings for denial of the request. She asked Rosow what the correct protocol would be. Rosow said there should be a motion made first to adopt these findings, and then it would be open for discussion and Councilmember Luse could share his information. However, if Luse wanted the Council to reconsider its motion made at the last meeting, it would be appropriate to make such a motion to reconsider. Either way he can bring forward the information he has. MOTION: Luse moved to reconsider. There was no second to the motion. Case asked for a point of information. Case inquired of Rosow if the City is better off allowing the gazebo to stay and vote for the alternative, because one could argue that a branch of City government permitted it to remain. Rosow replied, initially the City issued an order to the owner of Lot 2 to stop work on making repairs to the gazebo on the property. That is when the owner took the City to Court and received approval from District Court to make improvements. The gazebo was a non-conforming use, which the Court allowed to be improved. The City has subsequently granted a variance that changes the characterization of the gazebo to a conforming use by virtue of the variance, so nothing the City has done has extended the physical useful life of the gazebo. The City is not responsible for the gazebo being at zero feet, so either order is fully justified by the facts. However, since the City allowed zero setback, Rosow believed it would be easier to explain to a court or judge that those two actions are consistent, if the alternatives were adopted. There is a legal rationale to adopt either of the two alternatives. MOTION: Case moved, seconded by Mosman, to adopt Findings, Conclusions, and Order denying the amendment to the Developer’s Agreement and use Alternative Finding 27 and the Alternative Order directing staff to follow through. Discussion followed. CITYCOUNCILhmS December 17,2002 Page 14 Luse said the Council and the City staff has gone through a tremendous amount of effort to sort out this matter. However, he wanted to take one further step by meeting with Jim Perkins on December 14 and with him and Mike Franzen on December 17. In Mr. Franzen, the City has a tremendous asset, which is a reminder that staffs recommendation was to approve the request. It was a staff recommendation to approve the final plat of the subdivision, including the Developer’s Agreement, in August 1999. The Developer’s Agreement required that prior to issuing of building permits, existing buildings were to be razed and new houses built, which was not happening. Nathan Bergeland purchased Lot 2 in September 1999 pursuant to a Purchase Agreement dated August 23, 1999. The District Court ordered certain things could happen in the case of Bergeland. Luse said he has tried to understand where the truth lies, and he believed it lies in a problematic issue with Mr. Bergeland involving an additional 20-foot setback from the water’s edge and alleged comment that Mr. Perkins did not share the Developer’s Agreement with him. Luse said Mr. Perkins acknowledged again in the meeting earlier in the day that he does not remember giving this exact document to Mr. Bergeland. Luse said he has certain Purchase Agreement information, dated September 1999, that references issues related to the Developer’s Agreement, which Mr. Bergeland says he has never seen. The Council would not allow Mr. Bergeland to build a new house less than 75 feet back. The fact is that now Mr. Bergeland has moved off the property and closed the house. The question has become an economic issue. Tax abatement on Lot 1 is down fiom $470,500 to $200,000, and on Lot 3 is down from $425,000 to $175,000. Luse believed three houses should be built on these properties. If nearby property were used as an indication, he believed the City would be dealing with $50,000 per year of taxable property on these lots, which continue to be unbuildable. Luse believed some of the Findings proposed would not stand in a court of law. He has been extremely concerned on behalf of the City about setting precedents for the future. There was recommendation by staff at the last meeting to approve the request, and if that still stands, he asked his colleagues on the Council to bring this issue up again and allow these three lots to be built upon. Butcher asked Mr. Rosow to discuss the issues brought up by Councilmember Luse. Rosow replied he had distributed a memorandum previously, discussing the issues of performance, which form the basis for Finding 22. The memorandum states, “The City Council has been advised by the City Attorney that if a party contributes to the occurrence of an event which hstrates performance of a contract, such party cannot claim he or she is relieved of the obligation to abide by the contract. Further, the Council has been advised that an inability to develop land in a specific manner will not relieve a party of the obligation to perform if the party seeking to be so relieved contributed to or caused the event which hstrates performance.” This is the basis for Finding 22. Rosow said with respect to the Purchase Agreement, District Court addressed the Purchase Agreement in its decision. This property is called Torrens property, in I6 ~COuNClLfilINuTES December 17,2002 Page 15 which the owner receives a Certificate of Title, and that is evidence of ownership. When Nathan Bergeland sued the City to get permission to make improvements, he brought forth his arguments and, in response, the Perkins’s, who joined the suit, showed the Purchase Agreement to the Court. The Court said that on September 29, 1999, Perkins delivered a Warranty Deed to Mr. Bergeland. Bergeland recorded the Warranty Deed with Hennepin County’s Registrar of Titles. Because this property was registered, this court needed only address whether Bergeland had actual knowledge of the Developer’s Agreement. The City offered the Purchase Agreement, and Perkins argued in support of the City’s position that Bergeland had knowledge of the agreement. The Purchase Agreement states the seller certifies that the City, County and State agencies have approved a 75-foot setback on 1999 plans that have been filed and recorded to allow the potential building of a new house on the existing lot. The City argued to the Court that Bergeland’s acknowledgment of this provision imputes actual knowledge of the Developer’s Agreement. Mr. Perkins contended in Court that Mr. Bergeland had actual knowledge of the agreement and its requirements. A letter from Perkins attorney, dated March 3,2000, to Mr. Bergeland, made certain claims about rescissions and reformations. The Court found that the evidence presented did not establish actual knowledge of the Developer’s Agreement by Bergeland. The Court said the City failed to present evidence to support the assertion that Bergeland had actual knowledge of the agreement, and thus summary judgment was warranted. The Court ordered summary judgment in favor of Bergeland on the issue of whether Bergeland had actual knowledge of the Developer’s Agreement. Rosow stated that this was decided by the District Court on January 2, 2001. It was not appealed by either party. The Court Order forms the basis for Findings 23 and 24 of the proposed Findings. If the City attempt now to re-litigate this issue, it would not be allowed. Luse asked if it matters that there was a 14-day time difference in the Purchase Agreement and the amendment to the Purchase Agreement, which identifies issues that come directly from the Developer’s Agreement. Luse asked if, in the normal course of conduct of the City, Bergeland could have come across the agreement. He asked how there can be an amendment to a Purchase Agreement that identifies specific things related to the Developer’s Agreement, whether that was given to Mr. Bergeland or not? Rosow replied neither the Purchase Agreement nor the amendment that followed it references the prohibition in the Developer’s Agreement that no permit may be issued until the buildings are removed from Lots 1, 2 and 3. This is the key prohibition that became an issue when the City attempted to prevent development on Lot 2. Reference in the Purchase Agreement of a 75-foot setback doesn’t tell one, in the District Court’s judgment, that there is a Developer’s Agreement that imposes further restrictions. The language in the amendment that makes reference to certain items that were on the same topic does not tell one there is a Developer’s Agreement out there. CrrYcoUNcILRlIMJTEs December 17,2002 Page 16 Luse said the recommendation from City staff, which has been through this since 1989, is to approve the request, by providing for an amendment that would relieve Ivir. Perkins of the obligation to have the house on Lot 2 removed prior to issuing permits for Lots 1 and 3. If the Council can move past Lot 2, the recommendation of staff is to go ahead and let Mr. Perkins build houses on Lots 1 and 3. The City is losing $15,000 to $20,000 per lot by not allowing this to happen. Case said those on this Council who have spent years on this issue know that Lot 3 will share a septic system and driveway with Lot 2. That is behind the reasons the Council voted against this in 1998 because there were many concerns about the ecological impact. When the Developer’s Agreement did pass and came back for amendments, the Council voted against it 5-0, because Councilmembers had so many concerns. The moment this land develops the way the Council intends, the money will come. Case said Luse appears to be over-simplifying this and bringing up last-minute issues. Case proposed to vote on the motion that was on the floor. Motion carried 4-1, with Luse voting nay. MI. REPORTS OF ADVISORY BOARDS & COMMISSIONS MII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Six-Month Performance Review Neal said that he wanted his initial six-month performance review completed while the current Council is in place. He recommended that Councilmembers turn in their completed forms to staff by December 20. Tyra-Lukens said the consultant the City used for the hiring process also recommended a six-month review. Neal said staff will turn over the data from Councilmembers to the consultant and he will synthesize it and make a presentation back to the Council. C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Jean Harris Memorial Design Lambert asked Tria Mann, staff liaison to the Jean Harris Memorial Committee, to introduce this item. Manu said the Ad Hoc Committee is asking for the Council’s approval of the design of a memorial to Mayor Jean Harris, who died one year ago. Eleven months ago, the Council cITYcomTcIL~~s December 17,2002 Page 17 appointed a task force to develop an appropriate memorial. That task force decided that the Purgatory Creek Area would be the best location. On August 6, 2002, the Council approved the artist’s (Teri Kwant) contract. For four months the Ad Hoc Design Committee worked with the artist on the design. On November 25, the Arts and Cultural Commission gave .full support to the design, and on December 4, the Parks, Recreation and Natural Resources Commission approved the design. Teri Kwant presented her design. She said the Ad Hoc Design Committee was very professional and helpful. The group gave her clear parameters and some great suggestions for an appropriate tribute to Mayor Harris. She also received input fiom friends and family members. Through that research she learned about Mayor Harris and what her roles were in life and some of her characteristics. Kwant said she discovered Jean Harris was an activist, a physician, corporate leader, politician, philanthropist, administrator, visionary, president and CEO, councilmember, mayor, volunteer, wife, daughter, and sister. Kwant said she learned Jean Harris was courageous, respected and respectful, a mediator, poised, enthusiastic, forgiving, inspiring, aware, powerful, committed and spiritual. Kwant said the symbolism she used in the design came through these discussions when she found out what Jean Harris loved about life. She loved music, literature, art, sun and nature, travel and adventure, water and the ocean, laughter and comedy, fun in the day-to-day. She wanted to be remembered for striking a blow for her whole race, making a difference. Kwant was informed that the Purgatory Creek Recreation Area park would be developed in phases. The committee wanted to construct something in the next couple of years so that the public would not have to wait too long for an appropriate tribute to be completed. Out of a number of options, the committee decided on building a bridge. Because there will be a need in the park for a functional bridge to be built across a weir where water spills fi-om one pond to another, that location was selected. A bridge seemed like a good metaphor for Jean Harris, because she had been like a bridge in connecting people and ideas. The name suggested is the “Jean Harris Gathering Bridge.” The bridge would be 45 feet long, 10 feet wide and 10 feet high. The deck would be concrete in two different colors. In the center portion of the deck there would be a circular design of raised steel, which resembles a wagon wheel with eight spokes. In the hub would be inscribed “A Tribute to Dr. Jean Harris - 1931-2001.” Laser-cut into the steel spokes are questions based on Dr. Harris’s ten “lessons of life”, the dictums she lived by* The third distinct layer of meaning is the use of symbols forming part of the structure. Along each side of the bridge, mounted atop ten-foot high poles of tubular steel, there will be 19 clear glass 12-inch squares etched with symbols fi-om a West African tribe and the character traits they cITYcouNclL~~s December 17,2002 Page 18 represent. These could be used as an educational tool for children to learn about other cultures. All are clear references to Dr. Harris. The materials used in the bridge attempt to create an interesting textural element. Kwant said she consulted with City st&, SRF Consulting Group and structural engineers about the project and was told the bridge could be built as envisioned. She also talked to Barr Engineering about placement of the bridge and was assured the location was good. Kwant reviewed the preliminary budget for the project. The amount of money allotted for a bridge at this location was $45,000 to be paid by the watershed district. Because the proposed bridge is a custom fabricated bridge, it would cost double that amount. Custom Fabricated Bridge Structure $ 90,000 Wood Hand Rails and Concrete Decking Steel Trellis Structure (64' @ $300 LF) $ 9,200 Glass Panel Inserts (18 @ $300 EA) $ 5,400 Steel Panel Bands w/Laser Engraved Text (18 @ $1,000 EA) $ 8,000 Design Detail and Drawings and 10% Contingency $ 13,990 Construction Documentation $ 20,000 Total Cost $156,590 Current budget allotment for standard bridge ($45,000) Remaining Cost for bridge $1 11,590 Kwant said the more she learned about Dr. Harris, the more honored she felt to be working on this project. She expressed appreciation to the committee for the opportunity given to her. Mayor Tyra-Lukens said she liked the design and the thought that was given to the project. She also liked the site that was chosen. It is inviting to people and will draw them into the park. Butcher said she was very moved by the way Kwant has brought this all together. She believed it does reflect Jean. Luse said after talking with Leslie Ellis, he believes the gathering bridge will enable us to reflect back on Jean Harris in a way that, even after a generation, we will be able to draw out her character and realize we were lucky to have had her in our community. The City will be looking for a funding source. In talking to people in the community, he had a strong sense that there would be a ground swell of funding from City residents rather than using City funds for the project. He believed many people would agree that it would be great to reach out so everyone could participate in this amazing tribute. a0 CITY COUNcTLhrnS December 17,2002 Page 19 D. E. F. G. H. MOTION: Case moved, seconded by Butcher, to approve the “Gathering Bridge” design as an appropriate memorial to the memory of Dr. Jean Harris; and direct staff to investigate any funding sources to help pay for construction of the “Gathering Bridge.” Motion carried 5-0. 2. Land Donation Lambert reported that the City received a letter this week from Brown Land Company of Eden Prairie, Inc. and Dennis Hallberg, donating Outlots E and F, Bell Oaks First Addition, to the City for park and open space purposes. Outlot E contains approximately 11.91 acres and Outlot F contains approximately 4.38 acres. City staff recommended accepting the donation of this property. MOTION: Butcher moved, seconded by Mosman, to approve Resolution No. 2002-199 accepting the donation of Outlots E and F, Bell Oaks First Addition. Motion carried 5-0. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR REPORT OF PUBLIC WORKS DIRECTOR REPORT OF POLICE CHIEF REPORT OF THE FIRE CHIEF REPORT OF MANAGEMENT AND BUDGET DIRECTOR 1. Habitat for Technologv The Economic Development Pilot involves creating an infrastructure to promote economic development utilizing functional web sites. The object is to provide an opportunity for all businesses in the City to post and maintain an effective web site. It is anticipated that the target market will be small businesses that lack the resources to effectively create a well- positioned web site. However, in order to ensure access for all businesses, those involved in this pilot will represent a cross-section of type, size and industry sector. The pilot project proposes to use student interns to help create a simple framework for web site development. Interns will be supervised and mentored by industry professionals. Habitat For Technology staff will coordinate and oversee the project. Participating businesses will assist in the development, testing and documentation of a well-defined program that will provide the Chamber of Commerce a prototype for marketing and sales. A request for funding this project was presented to the City Council at the June 18 meeting. Neal reported that Habitat for Technology (HFT) had asked that its request be deferred to another meeting. cITYcouNczLMINuTEs December 17,2002 Page 20 Luse said he had concerns he would like to state at time, as it will be his last meeting. The $100,000 grant fi-om the City would include $50,000 now and $50,000 in June 2003. In addition to that, HFT is expected to donate $20,000 and the Chamber of Commerce $20,000. Endurant Business Solutions is the consulting firm that advises HFT on how to promote Eden Prairie as the epicenter of Minnesota technology. Nicholas Eian is the president of HFT and also the owner of Endurant Business Solutions. The problem is one of an apparent conflict of interest. Luse said the City is well meaning in reaching out to the business community. He is a member of the Eden Prairie Chamber of Commerce. There has been a tremendous response from the business community. HFT and the Chamber of Commerce share an office. There are also members on the boards of both. With regard to the $20,000 donation from the Chamber, he was concerned that the current chair of the Board has indicated he will be putting $30,000-$50,000 into initiatives as it relates to either the Chamber or HFT. The membership in the Chamber is down by about 100 members. The web site is a well-meaning process, but the question becomes, where is the $20,000? Luse said he doesn’t see the benefit to the City for putting out $100,000. He clearly sees the benefit of working with business. His concern is, do we become beholden to other non-profit organizations? There is a place for government, but does the City want to be in the web-site development business? The question is, why would it not be revenue generating? He asked what accomplishments HFT has completed? He requested that Councilmembers come up with the accomplishments to date so they can evaluate spending taxpayers’ dollars. He understood this is an economic development tool. Where was the RFP set out? He has not seen one. Why was it automatically given to HFP and not others? There may be other businesses that want to step up. That amount of money deserves a thorough investigation before donating $50,000 as planned now and $50,000 in June. Tyra-Lukens said she understood that Luse’s concerns are possible conflict of interest, doing a cost-benefit analysis or some revenue- generation, the ability of the Chamber of Commerce to make a donation, and the policy implications regarding other non-profits. Neal said in many cases, if there is a Councilmember that has concerns about an item on the agenda, staff will make the outside party aware that questions were raised and ask how they wish to proceed. In this case, the party asked that this item be removed fkom the agenda in order to give him a chance to meet with Mr. Luse, hear the questions and have a chance to respond to them. clTrycouNcILx~s December 17,2002 Page 21 xv. XVI. Luse said he is now leaving the Council and he believed his actions have been transparent as a Councilmember. He would be glad to meet with these individuals in HFT and come to the next Council meeting if asked. Mosman said she understood high school students would be used as interns to work on this project. That should reduce the cost. Luse agreed that it should. Case said he was uncomfortable with this discussion. He believed it was not appropriate to be talking about this now because it was pulled fiom the agenda to be put on January’s agenda. I. REPORT OF CITY ATTORNEY OTHER BUSINESS ADJOURNMENT MOTION: Case moved to adjourn the meeting. Mayor Tyra-Lukens adjourned the meeting at 9:55 p.m. CITY COUNCIL AGENDA SECTION. Consent Calendar I ITEM DESCRIPTION: Clerk's License Application List SERVICE AREA/DMS1oN: Police / C.O.P. Unit I I Gretchen Laven DATE: January 7,2003 ITEM NO.: rn .A, DATE: January 7,2003 ITEM NO.: rn .A, These licenses have been approved by the department heads responsible for the licensed activity. RENEWED LICENSES FOR 2003 Private Kennel Desiree Asfeld - Dogs Becky Beiersdorf - Dogs Evelyn Bone - Cats Kimberly Donahue - Cats William F. Harbecke - Dogs Michael Juntunen - Dogs Nancy Parker - Dogs Natalia Ranhoff - Dogs Beth Ruppert -Dogs Julie Savalas - Dogs Danny J. & Kathleen L. Sheldon - Dogs Deborah Winter - Cats Solid Waste Collector Aatlas Waste Services Buckingham Disposal CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 7,2003 I SERVICE AREAIDMSION: 1 ITEM DESCRIPTION: Management and Budget Don Uram, Director A Resolution Authorizing City Officials to Transact Banking Business ITEM NO.: m 8, Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. a5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Such Written notice to the bank to the contrary, to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City.of Eden Prairie this 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION: ITEM DESCRIPTION: Management and Budget Don Uram, Director A Resolution Designating Depository DATE: January 7,2003 I ITEM NO.: m,c* Requested Action Move to: Adopt the resolution designating Anchor Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PR4IRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that Anchor Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on the 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION: Management and Budget Don Uram, Director ITEM DESCRIPTION: A Resolution Authorizing use of Facsimile Signatures by Public Officials DATE: January 7,2003 ITEM NO.: Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer, Donald R. Uram, on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED, that the use of facsimile signatures by the following persons: Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager Donald R. Uram, Treasurer on checks, drafts, warrants, vouchers or other orders on public hds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing herhis facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore herbs manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: , Kathleen Porta, City Clerk 30 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 7,2003 ~ SERVICE AREADMSION: ITEM DESCRIPTION: ITEM NO.: 1 Management and Budget I Don Uram, Director A Resolution Authorizing the Treasurer or Deputy Treasurer to Invest City of Eden Prairie Funds m, E Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Duty Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. 3\ CITY OF EDEN PRAIRIE EtENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE F"DS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 3-A CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREAIDMSION: Management and Budget Don Uram, Director ITEM DESCRIPTION: A Resolution Authorizing the Treasurer or Deputy Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie DATE: January 7,2003 ITEM NO.: 4fTc 'E Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. 33 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFEXS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2003. ~~~ ~ Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 3L1 CITY COUNCIL AGENDA DATE: I 7, 2003 I SECTION: Consent Calendar I I I I I SERVICE AREA/DMSION: I ITEM DESCRZPTION: I ITEMNO.: I Management and Budget Don Uram, Director E.&, A Resolution Authorizing Payment of Certain Claims by Finance Department Without Prior Council Approval Requested Action Move to: Adopt the resolution authorizing payment of certain claims by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. 35 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements which provide for a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 36 CITY COUNCIL AGENDA SECTION: Consent Calendar Requested Action DATE: January 7,2003 MOTION: Move to adopt the resolution appointing City Councilmembers to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority. Synopsis This appointment requires approval on an annual basis. 33 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Sherry Butcher, Ronald Case, Jan Mosman, Philip Young and Nancy Tyra-Lukens, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made by the Acting Mayor for the terms set forth above. ADOPTED, by the City Council of the City of Eden Prairie, on the 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 38 ' CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 7,2003 SERVICE AREA: Scott Neal, City Manager ITEM DESCRIPTION: ITEM NO. Resolution Designating the Official Meeting Dates, Time and Location for Board and Commission Meetings in 2003 YE-1 Reauested Action Move to: Approve Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2003. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. 3? CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MPNNESOTA ~ citycouncil RESOLUTION NO. 2003- I Community Planning Board A RESOLUTION DESIGNATING TEE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2003. BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:OO p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:OO p.m. Robert's Rules of Order will prevail. Board / Commission Board of Adjustments and Appeals Board of Appeal and Equalization I 2nd Thursday Thursday, April 24 and Tuesday, May 13 (continuation of April 24 meeting, if necessary) Heritage Preservation Commission Human Rights & Diversity Citizen Advisory Commission 1st & 3rd Tuesdays 7:OO p.m. (Workshops 5:OO & Council Forum 6:30) 2nd and 4th Mondays 3rd Monday 2nd Tuesday, January - June and September - November I Parks & Recreation Citizen Advisory Commission I 1 st Monday I Art & Culture Citizen Advisory Commission I 2nd Monday in odd months I ADOPTED by the Eden Prairie City Council this 7th day of January 2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA SECTION Payment of Claims SERVICE AREA/DMSION: Community Development and Financial ServicesDon Uram ITEM DESCRIPTION Payment of Claims Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 1 16 199- 1 16664 Wire Transfers 1680-1690 Background Information DATE: Jan. 7,2003 ITEM NO.: I Attachments City of Eden Prairie Council Check Summary 1/7/2003 Division General Legislative Legal Counsel Contingency City Clerk Customer Service Human Resources Communication Services Benefits & Training Risk Management Facilities City Center Assessing Finance Housing, Trans, Social Service Community Development Information Technology Wireless Communication Park Administration Park Maintenance Parks Capital Outlay Athletic Programs Community Center Youth Programs Special Events Senior Center Adaptive Recreation Oak Point Pool Arts Park Facilities Police Police Administration Civil Defense Fire Animal Control Inspections Engineering Street Maintenance Street Lighting Fleet Services HRA Fund Cemetaty Operation Grant Fund Liquor Compliance Park Development Utility Improvement lmprovment Bonds 1996 CIP Fund Construction Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund TIF Escrow Fund SAC Agency Fund Report Totals E-91 1 Amount 291,009 3,282 37,141 15 1,591 9,082 2,852 24 2,521 2,605 30,967 4,867 271 240 7,795 (5,242) 27,408 12,067 14,235 7,632 4,708 6,338 34,676 1,637 1,174 2,581 342 476 210 303 21,102 191 4,815 5,668 2,090 338 381 35,295 44,782 11,336 154 7 1,464 2,879 266 267,705 25,586 30,237 183,292 364,130 11 0,333 21 5,674 126,219 120,987 207,516 52,001 156,973 55,379 33,600 2,5a3,21 I 101 102 104 110 111 112 113 114 115 116 117 130 131 132 133 135 136 150 151 152 153 154 156 157 158 160 161 162 163 180 182 183 184 185 186 200 201 202 203 302 303 308 31 1 314 502 503 506 509 51 1 601 602 603 701 702 703 800 803 806 City of Eden Prairie Council Check Register lR12003 Check# 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 116199 116200 11 6201 116202 11 6203 11 6204 116205 116206 116207 116208 1 16209 116210 116211 116212 116213 116214 116215 116216 116217 116218 116219 I1 6220 116221 11 6222 116223 1 16224 116225 1 16226 1 16227 116228 1 16229 116230 116231 116232 116233 1 16234 116235 116236 116237 116238 116239 I 16240 116241 I 16242 1 16243 1 16244 1 16245 1 16246 1 16247 116248 1 16249 1 16250 116251 1 16252 Amount 181 70,036 17 59 11 I 17,775 22,650 8,694 13,751 65,285 65,340 100 10 200 2,221 34 4,707 435 33,816 450 373 20 34 295 14 420 10,017 33,264 100 4,690 25 9,686 33,943 2,535 13,551 155 13 45,278 548 5,324 13 1,313 358 200 150 40 689 149 250 120 197,223 56 777 1,222 55 619 25 75 1,696 56 210 1,283 165 395 70 Vendor I Explanation MINNESOTA DEPT OF REVENUE MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTA N A WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ICMA RETIREMENT TRUST457 ORCHARD TRUST CO AS TRUSTEE/CU PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT ARMEL, LEEMONA ASCE ASPEN WASTE SYSTEMS INC. BACHMANS CREDIT DEPT CENTERPOINT ENERGY MARKETING I DRlSKlLLS NEW MARKET ELlM CARE INC HEMKER WILDLIFE PARK HENNEPIN COUNTY I/T DEPT HENNEPIN COUNTY PUBLIC RECORDS HENNEPIN TECHNICAL COLLEGE ICE SKATING INSTITUTE KADLEC, EVELYN KALKES, JAYNA LINCOLN PARC APARTMENTS LLC METROPOLITAN COUNCIL MIAMA MINNESOTA STATE TREASURER MWOA OAKBROOK CORPORATION PRAIRIE VILLAGE LMTD PARTNERSH QWEST REAL ESTATE EQUITIES MANAGEMEN RICHARDSON, JIM ROGERS, BERT SILVERCREST PROPERTIES SKILLPATH SEMINARS SOUTHWEST METRO TRANSIT SWERSON, HARLAN WOLF CAMERA AARP 55 ALIVE MATURE DRIVING BAGELMAN'S NEW YORK BAKERY BCNFORENSIC SCIENCE LABOMTOR BREHM GROUP, THE CAREER TRACK COMMISSIONER OF TRANSPORTATION DEPT OF LABOR & INDUSTRY DMJ CORPORATION GRAY, ALAN HENNEPIN CNTY TREAS - GENERAL HENNEPIN COUNTY SHERIFF'S OFF1 HOAG, JODI HOOGENAKKER, KATHLEEN KLOECKNER, LINDA MEMA ATTN KEN SOUTHORN METRO SALES INCORPORATED* MINNCOMM PAGING MINNESOTA HIGHWAY SAFETY & RES MINNESOTA VALLEY ELECTRIC COOP MRPA NATIONAL SEMINAR GROUP ORGEON SPD ABUSE PREVENTION UN ANOKA-HENNEPIN TECHNICAL COLLE US POSTMASTER - HOPKINS Account Description Motor Fuels Cash OverlShort Federal Taxes Withheld Employers SS & Medicare State Taxes Withheld Employers SS & Medicare State Taxes Withheld Deferred Compensation Deferred Compensation Employers PERA Miscellaneous Employment Support Test Program Fee Prepaid Expenses Waste Disposal Landscape Materials/Supp Gas Merchandise for Resale Interest Subsidy Other Contracted Services Software Maintenance Other Contracted Services Other Contracted Services Prepaid Expenses Program Fee Employee Award Interest Subsidy Due to Other Governments Prepaid Expenses Building Surcharge Prepaid Expenses Interest Subsidy Interest Subsidy Telephone Interest Subsidy Deposits Program Fee Interest Subsidy Prepaid Expenses Deposits Program Fee Postage Video & Photo Supplies Other Contracted Services Employee Award Tuition ReimbursemenffSchool Prepaid Expenses Prepaid Expenses Prepaid Expenses Prepaid Expenses Improvement Contracts Employee Award Board of Prisoner Board of Prisoner Employee Award Tuition ReimbursemenffSchool Other Contracted Services Prepaid Expenses Office Supplies Pager & Cell Phone Tuition ReimbursemenffSchool Electric Prepaid Expenses Prepaid Expenses Training Supplies Business Unit Fleet Services General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Employee Benefits Fire Senior Center Program General Fund Fire Station #3 Park Maintenance Water Treatment Plant Concessions TIF Elim Shores & PVApartment Cummins House Special Events Information Technology Engine en n g Senior Center Program General Fund Adult Program Human Resources Lincoln Parc Apartments SAC Agency Fund General Fund General Fund Sewer Fund Edenvale TIF District TIF Elim Shores & PVApartment Sewer Liflstation Columbine Road Escrow Senior Center Program Eden Shores General Fund Escrow Senior Center Program Water Accounting Human Resources Senior Center Program Human Resources Police General Fund General Fund General Fund General Fund Construction Fund Human Resources Police Police Human Resources In Service Training Den Road Liquor Store General Fund Police Water System Maintenance Police Stormwater Liflstation General Fund General Fund Police 43 City of Eden Praitfe Council Check Register W712003 Check # 1 16253 1 16254 1 16255 1 16256 I 16257 1 16258 116259 116260 116261 116262 11 6263 I 16264 11 6265 116266 1 16267 116268 116269 I 16270 116271 1 16272 1 16275 1 16276 11 6277 1 16278 116279 116280 116281 116282 1 16284 11 6285 116286 116287 116288 116289 116290 116291 I 16292 1 16293 11 6294 11 6295 116296 116297 116298 116299 116300 116301 116302 11 6303 1 16304 11 6305 116306 116307 116308 116309 116310 116311 116312 116313 116314 116315 116316 116317 116318 116319 1 16320 Amount 30 1,495 21 3 154 377 713 106 152 22 1,293 64 41 4,065 10,061 5,737 7,041 860 1,994 17,772 187 37,209 1,263 14,596 365 915 712 5,155 1,805 20,412 728 8,992 17,224 11,398 200 3,238 486 2,017 1,425 216 63 43 396 143 68 48 946 119 134 23 23 1,999 23 23 183 705 162 2,879 149 38 210 350 35 941 128 87 Vendor I Explanation QUICKSILVER EXPRESS COURIER Qwest COMMUNICATIONS MINNESOTA'S BOOKSTORE UNDERCAR SERVICES UNITED RENTALS HIGHWAY TECHNOL VERIZON WIRELESS BELLNUE VIK, LISA MFFELS, BILL ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERlPRlDE LINEN &APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GETTMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARKVII MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE &SPIRITS CO THORPE DISTRIBUTING VINTAGE ONE WINES INC WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC ANDERSON, PArrY ASPEN PUBLISHERS INC CONLEY, JOYCE DUPONT, BRENT ESBENSEN, GEORGE GRANT, STEPHANIE HARRIS, TOM KREI, MELISSA LAVENDER, JOHN LINDGREN, JIM MILLARD, CHRIS MOE, BRADLEY PECK, RICK PORTER, OMER T RAMSAY, MARLA SAlTERSTROM, GLORIA SCHLOSSMACHER, JIM UNIVERSITY OF MINNESOTA WYFFELS, BILL ADTECH COMMUNICATIONS GROUP ANOKA COUNTY SHERIFF'S OFFICE B&D PLUMBING AND HEATING BATES, DON BLOOMINGTON, CITY OF CHRISTENSEN, MARGE COMARK GOVT & EDUCATION SALES CRACAUER, CLIFF CUB FOODS EDEN PRAIRIE MASS BAR-MATE CORP Account Description Postage Pager & Cell Phone Operating Supplies Hope Loan Receivable Prepaid Expenses Pager & Cell Phone Capital Under $2,000 Travel Expense Misc Non-Taxable Beer Repair & Maint. Supplies Misc Non-Taxable Wine Imported Beer Transportation Beer Misc Taxable Wine Imported Misc Taxable Beer Wine Domestic Tobacco Products Beer , Liquor Misc Taxable Wine Domestic Wine Imported Misc Taxable Wine Domestic Misc Non-Taxable Wine Imported Wine Imported Beer Wine Domestic Wine Domestic Wine Domestic Wine Domestic Tuition ReimbursemenVSchool Operating Supplies Clothing & Uniforms Clothing & Uniforms Travel Expense Clothing & Uniforms Program Fee Clothing & Uniforms Insurance Clothing & Uniforms Clothing & Uniforms Program Fee Program Fee Instructor Service Program Fee Program Fee Clothing & Uniforms Prepaid Expenses Clothing & Uniforms Other Contracted Services Other Rentals Mechanical Permits Other Contracted Services Other Contracted Services Program Fee Computers Mileage & Parking Miscellaneous Business Unit General Police Assessing Hope Loan Auto Repair Water Enterprise Fund Inspections-Administration Wireless Communication Police Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store In Service Training Finance Police Police Fire Police Administration Ski TripsNVinter Camp Police Administration Risk Management Police Police Ski TripsNVinter Camp Ski TripsNVinter Camp Fitness Classes Ski TripsNVinter Camp Ski TripsNVinter Camp Police General Fund Police Grant Fund Police General Fund Art & Music Animal Control Adult Program Information Technology Fleet Services General Facilities City of Eden Prairie Council Check Register 1/7/2003 Check# 116321 116322 116323 116324 I 16325 1 16326 1 16327 1 16328 1 16329 116330 116331 116332 1 16333 116334 116335 116336 116337 116338 116339 116340 116341 116342 116343 116344 116345 116346 1 16347 116348 116349 116350 116351 116352 116353 116354 116355 116356 116357 116358 116359 116360 116361 11 6362 116363 116364 116365 116366 116367 116368 116369 116370 116371 I 16372 1 16373 1 16374 1 16375 116376 116377 116378 116379 11 6380 116381 116382 116383 116384 116385 Amount 3,251 35 15 69 35 397 25,442 450 41 2,021 553 285 290 830 546 49 2,268 200 17 110 110 1,586 402 2 63 54 2,917 5 429 23,789 148 69 40 35 168 21 433 627 240 25 3,418 15 1,680 912 5,450 71 95 41 193 1,302 302 255 70 17 600 86 107 2,390 7,313 368 14,347 385 243 2,405 6,410 Vendor/ Explanation DELL MARKETING L.P. DERUDDER, GERRY EXPRESSMESSENGERSYSTEMSINC FEDEX FERRELL, DODIE GENZ RYAN PLUMBING & HEATING HENNEPIN COUNTY LACASSE, ANDREW MENARDS METRO SALES INCORPORATED* MINNESOTA NATIVE LANDSCAPE MINNESOTA PRINT MANAGEMENT LLC SEARS COMMERCIAL ONE SJ LOUIS CONSTRUCTION INC SORENSEN, ED PETTY CASH-POLICE DEPT SOUTHWEST SUBURBAN PUBLISHING- TAMS-WITMARK MUSIC LIBRARY INC TECHNOLOGY FIRE PROTECTION TERFEHR, ROBERT DALES TERFEHR, THOMAS JAMES UTING, BRENDA VERIZON DIRECTORIES CORP VERIZON WIRELESS BELLEVUE WERTS, SANDY WOLF CAMERA AKIN GUMP STRAUSS HAUER & FELD AMERICAN EXPRESS PUBLISHING BLR INC CENTERPOINT ENERGY MARKETING I DAMICO AND SONS ELEMENT K JOURNALS FIRE MARSHAL'SASSN OF MINNESO GREATAMERICA LEASING CORP. HENNEPIN COUNTY HENNEPIN COUNTY TREASURER JACKSON, KAREN LEAGUE MN CITIES INS TRUST LEAGUE OF MINNESOTA CITIES M SHANKEN COMMUNICATIONS INC MCDONALD'S CORPORATION MN DEPT. OF LABOR AND INDUSTRY MPCA MRPA MUELLER, MARY AND MICHAEL NEWTON, J. RANDALL QWEST CLAIMS STAR TRIBUNE UNITED HEALTHCARE SERVICES INC UNIVERSITY OF MINNESOTA US POSTMASTER - HOPKINS WEST GROUP WILLIAMSON, MURRY ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERlPRlDE LINEN &APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GETTMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO Account Description Computers Program Fee Postage Postage Program Fee Plumbing Permits Deposits Other Contracted Services Operating Supplies Other Rentals Deposits Office Supplies Petty Cash & Change Funds Capital Under $2,000 Deposits Training Supplies Advertising Prepaid Expenses Cash Over/Short Other Contracted Services Other Contracted Services Other Contracted Services Advertising Pager & Cell Phone Video & Photo Supplies Video & Photo Supplies Legal Counsel Airport Misc Non-Taxable Prepaid Expenses Gas Miscellaneous Prepaid Expenses Prepaid Expenses Other Rentals Waste Disposal Waste Disposal Deposits Insurance Prepaid Expenses Misc Non-Taxable Deposits Prepaid Expenses Prepaid Expenses Special Event Fees Other Assets Mileage & Parking Other Contracted Services Misc Non-Taxable Employee Assistance Prepaid Expenses Post age Prepaid Expenses Other Contracted Services Misc Non-Taxable Misc Taxable Repair & Maint. Supplies Misc Non-Taxable Wine Imported Beer Wine Domestic Beer Misc Taxable Wine Imported Liquor Liquor Business Unit Information Technology Adult Program Reserve General Adult Program General Fund Escrow Fund Santa Flies into Eden Prairie Park Maintenance General Escrow General General Fund Capital Impr. I Maint. Fund Escrow Water Utility - General Den Road Liquor Store General Fund General Fund Liquor Compliance Liquor Compliance Community Brochure Den Road Liquor Store Fire Senior Center Administration Human Resources Airport Prairie View Liquor Store Water Enterprise Fund Public WorkslParks General Facilities General Fund General Fund General Park Maintenance Park Maintenance Escrow Risk Management General Fund Prairie View Liquor Store Escrow Water Enterprise Fund Water Enterprise Fund Winter Skill Development Storm Drainage Projects Engineering Sewer System Maintenance Prairie View Liquor Store Employee Benefits General Fund Senior Center Program Water Enterprise Fund Storm Drainage Projects Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie view Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store 45 City of Eden Prairie Council Check Register 1/7/2003 Check# 1 16386 116387 116388 116389 116390 116391 116392 116393 116394 1 16395 11 6396 I 16397 116398 116399 116400 116401 1 16402 116403 116404 11 6405 11 6406 1 16407 116408 116409 116410 116411 116412 116413 116414 116415 116416 116417 116418 116419 116420 116421 11 6422 11 6423 11 6424 11 6425 11 6426 1 16427 1 16428 1 16429 1 16430 116431 1 16432 116433 116435 116436 116437 116438 116439 116440 116441 116442 I 16443 1 16444 116445 116446 1 16447 116448 116449 116450 116451 Amount 1,535 14,091 9,288 943 648 1,321 23,413 60 312 204 154 75 980 36 150 710 18 247 1,189 700 61 1 70 1,896 77 1,428 204,187 50 111 21,751 465 170 684 45 61 5 873 389 7,295 38 449 233 11,489 62 92 40 200 6 3,145 1,038 1,236 136 33,512 997 873 159,293 384 295 1,000 24 348 94 149 1,614 9 46 267,705 Vendor / Explanation LAKE REGION VENDING MARK VI1 PHILLIPS WlNE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALlTYWlNE &SPIRITS CO THORPE DISTRIBUTING TRI COUNTY BEVERAGE & SUPPLY WlNE COMPANY, THE WlNE MERCHANTS INC BECKER, STEVE BURNSVILLE SANITARY LANDFILL CDW GOVERNMENT INC. CULLIGAN BOTTLED WATER CUMMINGS, KIM DE LAGE LANDEN FINANCIAL SERVl DISH NETWORK FLYING CLOUD ANIMAL HOSPITAL GOPHER STATE ONE-CALL INC HENNEPIN TECHNICAL COLLEGE HOME DEPOTIGECF LIFESAVERS LONSDALE PAINTING & DECORATING MENARDS METRO SALES INCORPORATED* METROPOLITAN COUNCIL ENVIRONME MFSCB MlNN STADMIN ITG TELECOM SERV MINNESOTA DEPT OF HEALTH MINNESOTA GREEN EXPO MINNESOTA STATE FIRE CHIEFS AS MOTION MUSIC NEUGEBAUER, LAURA NICOLLET COUNTY SHERIFF'S DEPT PARK NICOLLET CLINIC PETTY CASH PRAIRIE PARTNERS SIX LLP QUICKSILVER EXPRESS COURIER REBS MARKETING SIEBERT, CHARLES SIGNCRAFTERS INC SNYDER SOUTHWEST METRO TRANSIT TELEPHONE ANSWERING CENTER INC TIME WARNER CABLE UNITED PARCEL SERVICE XCEL ENERGY EDINA, CITY OF GENUINE PARTS COMPANY GINA MARIAS INC GREGERSON ROSOW JOHNSON & NlLA HOPKINS, CITY OF MINNEAPOLIS FINANCE DEPARTMENT NORTHDALE CONSTRUCTION CO INC PEMTOM LAND CO. WOODDALE BLDERS ANOKA COUNN SHERIFF'S DEPT BCA CJlS ID UNIT BECKER, DAVE BOGREN, ANN GEE, ROB INNOVATIVE GRAPHICS MINNESOTA DEPT OF PUBLIC SAFET MINNESOTA'S BOOKSTORE NINE MILE CREEK WATERSHED DlST Account Description Tobacco Products Beer Wine Domestic Misc Non-Taxable Wine Domestic Transportation Beer Beer Wine Domestic Transportation Video & Photo Supplies Waste Disposal Equipment Repair & Maint Operating Supplies Mileage & Parking Other Rentals Cable N Canine Supplies Other Contracted Services Employment Support Test Building Repair & Maint. Licenses & Taxes Other Contracted Services Operating Supplies Other Rentals Waste Disposal Employment Support Test Software Maintenance Miscellaneous Prepaid Expenses Prepaid Expenses Employee Award Lessons & Classes Deposits Other Contracted Services Licenses & Taxes Prepaid Expenses Postage Other Contracted Services Tuition ReimbursementlSchool Building Repair & Maint. Operating Supplies Special Event Fees Other Contracted Services Cable N Postage Principal Deposits Equipment Parts Deposits Legal Deposits Deposits Improvement Contracts Deposits Deposits Deposits Other Contracted Services Clothing & Uniforms Clothing & Uniforms Clothing & Uniforms Clothing & Uniforms Bike Registrations Operating Supplies Improvements to Land Business Unit Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Fire Park Maintenance Police Fire Fire General Ice Arena Police Water System Maintenance Fire Park Maintenance Fire Capital Impr. / Maint. Fund Fire General Sewer Utility - General Fire Information Technology Water System Sample General Fund General Fund Human Resources Pool Lessons Escrow Risk Management Park Maintenance Prairie Village Liquor Store General Water Accounting Fire Marketcenter Reservoir Preschool Events Adult Program Water Treatment Plant Fire General Traffic Signals Escrow Fleet Services Escrow Legal Criminal Procecution Escrow Escrow Charlson Area Construction Escrow Escrow Escrow Finance Police Police Police Police General Fund Liquor Compliance Park Acquisition & Development City of Eden Prairie Council Check Register 1/7/2003 Check # 116452 116453 1 16454 1 16455 1 16456 1 16457 116459 116460 116461 1 16462 116463 116464 1 16465 11 6467 116469 116470 116471 1 16472 116473 1 16474 1 16475 1 16476 1 16477 1 16478 1 16479 116458 I I 6468 116480 116481 I 16483 I I 6484 I 16485 I 16486 116487 I 16488 I 16489 116482 11 6490 11 6491 1 16492 1 16493 116494 116495 116496 116497 11 6499 11 6500 116501 116502 116503 116504 116505 116506 116507 116508 116509 116510 116511 116512 116513 116514 116515 116516 116517 I 16498 Amount 90,649 33 419 96 121 4,612 1,562 320 264 1,886 46 14,325 746 3,103 396 73 3,449 861 3,988 3,861 8,461 18,254 11,203 752 14,975 12,770 2,956 64 1,607 761 1,392 111 1,187 48 ao a4 1,083 482 60 1,214 125 41 9 120 533 5,681 1,959 208 192 1,140 120 1,434 2,500 49 7,333 420 1,196 661 695 100 196 1,563 163 200 2,850 2,853 Vendor I Explanation XCEL ENERGY ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY 1 EAST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GETTMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC A P LAWN INC A TO 2 RENTAL CENTER ABLE HOSE & RUBBER INC ACCELERATED BUSINESS CREDIT CO AIM ELECTRONICS ALL METRO SUPPLIES ALTERNATIVE BUSINESS FURNITURE AMERICAN RED CROSS AMERICAN WATER WORKS ASSOCIATI ANCHOR PAPER COMPANY A01 ELECTRICAL INC AUTO ELECTRIC SPECIALISTS BAUER BUILT TIRE AND BATTERY BCAiTRAINING & DEVELOPMENT BENIEK PROPERTY SERVICES INC. BENSHOOF &ASSOCIATES INC BLACK & VEATCH BLACK BOX CORPORATION BLOOMINGTON SECURITY SOLUTIONS BLOOMINGTON, CITY OF BOYER TRUCKS SO. ST. PAUL BRAUN INTERTEC CORPORATION BRYAN ROCK PRODUCTS INC BUCK, NATHAN BURTON EQUIPMENT INC CARGILL SALT CATCO CLUTCH & TRANSMISSION SE CATHRYN KENNEDY CONSULTING LTD CENTRAIRE INC CLAREYS INC CLOSED CIRCUIT SPECIALISTS INC COMMERCIAL SAW COMPANY CONCRETE CUTTING & CORING INC CONTINENTAL SAFETY EQUIPMENT CORNELL, JON CORPORATE EXPRESS Account Description Electric Misc Non-Taxable Beer Repair & Maint. Supplies Misc Non-Taxable Wine Imported Beer Wine Domestic Beer Misc Taxable Misc Taxable Wine Domestic Misc Non-Taxable Beer Liquor Tobacco Products Beer Misc Taxable Wine Imported Wine Imported Misc Taxable Wine Domestic Operating Supplies Wine Domestic Wine Domestic Beer Wine Domestic Wine Domestic Wine Domestic Other Contracted Services Operating Supplies Repair & Maint. Supplies Office Supplies Other Contracted Services Landscape MaterialslSupp Capital Under $2,000 Other Contracted Services Training Supplies Office Supplies Equipment Parts Equipment Repair & Maint Equipment Parts Tuition ReimbursemenffSchooI Other Contracted Services Deposits Other Contracted Services Operating Supplies Operating Supplies Kennel Services Equipment Parts Testing - Soil Boring Gravel Other Contracted Services Repair & Maint. Supplies Salt Equipment Repair & Maint Other Contracted Services Equipment Repair & Maint Tuition ReimbursemenffSchool Equipment Repair & Maint Operating Supplies Operating Supplies Operating Supplies Other Contracted Services Office Supplies Business Unit Street Lighting Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Fire Station #I Street Maintenance Water Treatment Plant Water Utility - General City Center Operations Park Maintenance Furniture Pool Lessons Water Treatment Plant General Fleet Services Fleet Services Fleet Services Fire Fire Station #5 Escrow Utility Improvement Fund Wireless Communication Skating Rinks Animal Control Fleet Services Improvement Projects 1996 Water System Maintenance Volleyball Water Treatment Plant Snow & Ice Control Fleet Services Airport Den Road Liquor Store Fire Water Treatment Plant Park Maintenance Street Maintenance Records Management Basketball Water Treatment Plant City of Eden Prairie Council Check Register 1/7/2003 Check# 116518 116519 116520 116521 116522 1 16523 116524 116525 116526 116527 1 16528 116529 116530 116531 I1 6532 116533 11 6534 116535 116536 116537 116538 116539 116540 116541 116542 116543 116544 116545 116546 1 16547 1 16548 116549 116550 116551 116552 116553 116554 116555 116556 116557 1 16558 116559 116560 116561 116562 1 16563 116564 1 16565 1 16566 11 6567 11 6569 116570 116571 11 6572 11 6573 116574 1 16575 116576 1 16577 116579 116580 116581 116582 116583 I I 13568 Amount 353 165 8,490 23 230 966 8,192 36 100 38 800 921 140 102 1,989 4,752 1,875 4,100 177 140 8,432 4,500 34 44 160 460 3,376 1,022 154,700 109 21,676 389 1,992 48 1,886 41 0 196 230 454 3,495 258 664 554 4,678 4,232 203 501 147 34,595 349 177 361 6,001 600 1,179 22,384 72 2,346 23,475 2,175 153 1,285 865 11 6,823 Vendor I Explanation CUB FOODS EDEN PRAIRIE CUSTOM CANVAS INC. CY'S UNIFORMS DAVIES WATER EQUIPMENT CO DECORATIVE DESIGNS INC DELANO ERICKSON ARCHITECTS DELEGARD TOOL CO DELTA EDUCATION DISCOUNT SCHOOL SUPPLY DIXIE CARBONIC INC DNR SCREEN PRINTING INC EARL F ANDERSEN INC EDEN PRAIRIE CHAMBER OF COMMER EF JOHNSON ELECTRICAL INSTALLATION & MAIN EMBEDDED SYSTEMS INC EMERGENCY APPARATUS MAINTENANC EPA AUDIO VISUAL INC ESCHELON TELECOM INC EULL'S MANUFACTURING CO INC FACILITY SYSTEMS INC FAMILY HOPE SERVICES FlKES HYGIENE SERVICES FORCE AMERICA FORDAHL, TAMARA FORMANECK, DUANE GME CONSULTANTS INC GRAUS CONTRACTING INC GREENMAN TECHNOLOGIES OF MN IN HANSEN THORP PELLINEN OLSON HARMON INC. HAWKINS WATER TREATMENT GROUP HENNEPIN COUNTY SHERIFF'S OFF1 HENRY, PAUL HIGLEY, MARICA HUFFMAN, JIM ICE SKATING INSTITUTE IND SCHOOL DlST 272 INDUSTRIAL LIGHTING SUPPLY INC ITS A KEEPER J H LARSON ELECTRICAL COMPANY JANEX INC JANNINGS ACOUSTICS INC JIM HATCH SALES CO JOHN HENRY FOSTER MINNESOTA IN KRAEMERS HARDWARE INC KUSSKE CONSTRUCTION KUSTOM SIGNALS INC LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LANDFORM ENGINEERING COMPANY LEROY JOB TRUCKING LITTLE FALLS MACHINE INC LOGIS MARKS CERTICARE AMOCO CUTLER-MAGNER COMPANY G & K SERVICES-MPLS INDUSTRIAL HAYDEN-MURPHY EQUIPMENT COMPAN MAXI-PRINT INC MCF-LINO LAKES MENARDS METROPOLITAN FORD MICHELAU, JOHN MIDWAY INDUSTRIAL SUPPLY CO IN MIDWEST ASPHALT CORPORATION Account Description Operating Supplies Other Contracted Services Chemicals Clothing & Uniforms Equipment Repair & Maint Other Contracted Services Building Small Tools Operating Supplies Operating Supplies Chemicals Awards Signs Miscellaneous Equipment Parts Improvement Contracts Equipment Repair & Maint Equipment Repair & Maint Other Assets Operating Supplies Repair & Maint. Supplies Capital Under $2,000 Other Contracted Services Operating Supplies Equipment Parts Other Contracted Services Other Contracted Services Cleaning Supplies Design & Engineering Building Waste Disposal Other Contracted Services Capital Under $2,000 Chemicals Equipment Parts Board of Prisoner Other Contracted Services Other Contracted Services Other Contracted Services Operating Supplies Miscellaneous Repair & Maint. Supplies Employee Award Operating Supplies Cleaning Supplies Building Repair & Maint. Operating Supplies Equipment Repair & Maint Operating Supplies Improvement Contracts Equipment Repair & Maint Cleaning Supplies Building Repair & Maint. Improvements to Land Other Contracted Services Equipment Parts LOGIS Equipment Repair & Maint Printing Other Contracted Services Cleaning Supplies Equipment Parts Other Contracted Services Equipment Parts Waste BlacktopIConcrete Business Unit Fire Fire Water Treatment Plant Police Park Maintenance Water Treatment Plant Capital Impr. I Maint. Fund Fleet Services Environmental Education Youth Programs Administration Water Treatment Plant Volleyball Traffic Signs In Service Training Wireless Communication Capital Impr. I Maint. Fund Civil Defense Fire Information Technology Telephone Storm Drainage Capital Impr. I Maint. Fund Housing, Trans, & Human Sew Prairie View Liquor Store Fleet Services Volleyball Volleyball Water Treatment Plant Capital Impr. I Maint. Fund Capital Impr. I Maint. Fund Fleet Services Planning & Development Furniture Water Treatment Plant Fleet Services Police Broomball Adult Open Gym Storm Drainage Ice Arena Police Water Treatment Plant Human Resources Park Maintenance General Facilities Fire Station #3 Park Maintenance Water Treatment Plant Park Maintenance Storm Drainage Projects Police General Facilities Water Treatment Plant Capital Impr. I Maint. Fund Animal Control Fleet Services Information Technology Fleet Services Police Street Maintenance Water Treatment Plant Fleet Services Volleyball Fire Station #3 Street Maintenance City of Eden Prairie Council Check Register 1/7/2003 Check# 1 16584 116585 116586 116587 116588 116589 116590 116591 116592 116593 116594 116595 116596 116597 116598 11 6599 116600 116601 116602 116603 116604 116605 1 16606 116607 116608 116609 116610 116611 116612 116613 116614 116615 116616 116617 116618 116619 116620 116621 1 16622 116623 1 16624 116625 116626 116627 11 6628 11 6629 11 6630 116631 116632 116633 116634 116635 116636 116637 116638 116639 116640 116641 1 16642 116643 1 16644 116645 1 16646 116647 116648 Amount 35 166 249 111 62 71 7 43 5,142 521 944 222 418 78 40 89 94 1,081 146 196 46 409 97 48 1,621 29 4,251 471 169 91 1,386 27,570 781 121 143 150 1,955 100 300 428 433 3,282 110 107 23,113 270 42 257 92 174 790 5,388 11,321 490 45 550 8,278 328 7,645 100 125 3,442 441 300 58 1,859 Vendor I Explanation MIDWEST ENGINE SERVICE & SUPPL MIDWEST TELETRON INC. MlNN BLUE DIGITAL MlNN STADMIN ITG TELECOM SERV MINNESOTA CONWAY MINNESOTA PIPE AND EQUIPMENT MINNESOTA VALVE & FITTING CO. MTI DISTRIBUTING INC MUNlClLlTE NATIONAL WATERWORKS NATIONWIDE ADVERTISING SERVICE NATURAL REFLECTIONS VI1 LLC NAUTlLUSlSCHWINN FITNESS GROUP NEWMAN TRAFFIC SIGNS NORCOSTCO NORTH COUNTRY BUSINESS PRODUCT NORTHERN TOOL & EQUIPMENT CO. NORTHWEST BUSINESS SYSTEMS OLSEN COMPANIES ORIENTAL TRADING COMPANY INC OS1 BATTERIES INC PAGING &WIRELESS SERVICE CENT PAPER WAREHOUSE PENN ARMS INC PETSMART PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRIORITY COURIER EXPERTS RAINBOW FOODS INC. RICMAR INDUSTRIES RMR SERVICES INC RUFFRIDGE JOHNSON EQUIPMENT CO SBSl INC SCHARBER & SONS SCRAP METAL PROCESSORS INC SHORT ELLIOT HENDRICKSON INC SHRED-IT SIMPLOT PARTNERS SNAP-ON TOOLS SOUTHWEST SALES AND RENTAL SOUTHWEST SUBURBAN CABLE COMMI SPECIALTY FLOOR DIVISION SRF CONSULTING GROUP INC SSPC ST JOSEPH EQUIPMENT INC STATE CHEMICAL MFG. CO., THE STATE SUPPLY COMPANY STEARNS INC STEMPF AUTOMOTIVE INDUSTRIES I STREICHERS STS CONSULTANTS LTD SUBURBAN CHEVROLET GEO SUBURBANPROPANE SUBURBAN TIRE WHOLESALE INC SUMMIT ENVIROSOLUTIONS SUNSOURCE SURVEY TECHNOLOGIES INC SUSA SWEDLUNDS SYSTEM CONTROL SERVICES TESSCO THYSSENKRUPP ELEVATOR TKDA TOTAL REGISTER SOUTHWEST SUBURBAN PUBLISHING- Account Description Operating Supplies Equipment Repair & Maint Operating Supplies Software Maintenance Equipment TestinglCert. Repair & Maint. Supplies Repair & Maint. Supplies Equipment Parts Equipment Parts Repair & Maint. Supplies Employment Advertising Other Contracted Services Repair & Maint. Supplies Signs Operating Supplies Equipment Repair & Maint Capital Under $2,000 Equipment Repair & Maint Repair & Maint. Supplies Operating Supplies Operating Supplies Equipment Repair & Maint Operating Supplies Other Assets Canine Supplies Building Repair & Maint. Equipment Repair & Maint Equipment Repair & Maint Operating Supplies Chemicals Other Contracted Services Equipment Parts Operating Supplies Equipment Parts Waste Disposal Design & Engineering Waste Disposal Landscape MaterialslSupp Small Tools Small Tools Dues & Subscriptions Employment Advertising Other Contracted Services Design & Engineering Dues & Subscriptions Equipment Parts Cleaning Supplies Repair & Maint. Supplies Operating Supplies Equipment Parts Equipment Parts Other Contracted Services Equipment Parts Lubricants &Additives Tires Design & Engineering Equipment Parts Other Assets Dues & Subscriptions Waste Disposal Equipment Repair & Maint Operating Supplies Equipment Repair & Maint Design & Engineering Equipment Repair & Maint Business Unit Park Maintenance Police Engineering Information Technology Fire Water System Maintenance Water Treatment Plant Fleet Services Fleet Services Sewer System Maintenance Human Resources Water Treatment Plant Fitness Center Traffic Signs Cummins House Special Events Concessions Street Maintenance Police Water Treatment Plant Cummins House Special Events General Wireless Communication Preschool Events Police Police Fire Station #I Park Maintenance Fleet Services Cummins House Special Events Park Maintenance Water Meter Repair Fleet Services Telephone Fleet Services Fleet Services Construction Fund City Center Operations Park Maintenance Water Treatment Plant Sewer System Maintenance City Council Human Resources Public WorkslParks Improvement Projects 1996 Water Utility - General Fleet Services Water Treatment Plant Water Treatment Plant Police Fleet Services Fleet Services Storm Drainage Projects Fleet Services Fleet Services Fleet Services Utility Improvement Fund Fleet Services Wireless Communication Water Utility - General Outdoor Center Water Treatment Plant Wireless Communication Senior Center Utility Improvement Fund Den Road Liquor Store Check# 116649 116650 116651 116652 116653 116654 116655 116656 I 16657 116658 116659 116660 116661 116662 116663 116664 Amount 54 342 446 630 87 340 493 565 71 775 3,501 49 158 1,187 356 495 2,583,211 City of Eden Prairie Council Check Register 1/7/2003 Vendor I Explanation Account Description TOWN AND COUNTRY DODGE TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC USA BLUEBOOK VESSCO INC VIDEO SERVICE OF AMERICA W W GRAINGER WALLACE METRO PRINTING WALTERS SUM SUPPLIES INC. WATSON CO INC, THE WAYTEK INC Equipment Parts Lubricants &Additives Clothing & Uniforms Operating Supplies Repair & Maint. Supplies Equipment Parts Video & Photo Supplies Small Tools Printing Clothing & Uniforms Merchandise for Resale Operating Supplies WESTSIDE EQUIPMENT WESTWOOD PROFESSIONAL SERVICES Equipment Repair & Maint Design & Engineering WOLF CAMERA WORM, SANDY Grand Total Video & Photo Suppies Operating Supplies Business Unit Fleet Services Fleet Services Fire Traffic Signs Water Treatment Plant Water Treatment Plant Police Traffic Signs Fire Oak Point Lessons Concessions Park Maintenance Fleet Services Construction Fund Fire Park Maintenance 1 CITY COUNCIL AGENDA SECTION: APPOINTMENTS DEPARTMENT: Office of City Manager ITEM NO.: m.4. ITEM DESCRIPTION: Designation of Official City Newspaper Requested Action Move to: Adopt Resolution designating the year 2003. as the official City newspaper for the Synopsis This designation is required on an annual basis. Staff recommends the Eden Prairie News be designated the official City Newspaper. The Eden Prairie News has been the official City newspaper for 27 years; has done an excellent job in covering the local news and in publishing the legal notices; and is considered a major source of information by residents. The Sun Current newspaper has challenged the staffs recommendation of the Eden Prairie News as the City's official newspaper for public notice publications for 2003. The Sun Current believes State Statutes require the City to designate them as the official newspaper because they have a primary office in Eden Prairie and the Eden Prairie News does not. The question was submitted to the City Attorney's Office. Background Eden Prairie News - $8.50 per column inch (8 lines per inch) - for legals sent electronically. Sun-Current - $14.30 per column width (1 1 lines per inch), Attachments Letter fiom Mark Weber, Eden Prairie News Publisher Letter from Gene Can, Sun Newspaper Publisher Letter from Jeffrey Coolman, Sun Newspaper Vice PresidenVGeneral Manager CITY OF EDEN PRAIRIE HEMVEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the be designated as the official City newspaper for the year 2003. ADOPTED by the City Council of the City of Eden Prairie, on this 7' day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Eden Prairie I!l!News December 19,2002 Ms. Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Ms. Porta, Please consider our request for appointment of the Eden Prairie News as the official newspaper for the City of Eden Prairie in 2003. Legal notices published in the Eden Prairie during this time period will be billed at the rate of $10.63 per column inch for the first insertion and $8.00 per column inch per subsequent insertions. The city can take advantage of a lower rate if it submits legal notice copy electronically via e-mail. Publication copy must be submitted in a generic text format and readable by our IBM compatible word processors. This system allows for a substantial labor savings if the Eden Prairie News staff does not have to retype the notices prior to them being published in the newspaper. E-mailed legals should be sent to: legal@swpub.com. The rate for the materials submitted in this manner would be $8.50 per column inch, reflecting a 20% cost savings to the City of Eden Prairie. Most standard legal notices (those without maps, graphics or special tabular information) submitted by the city will be posted on our newspaper website, www.edenprairienews.com, free of charge. Our legal notice deadline is at 4 p.m. on Thursday, preceding the following week's publication date; during holiday weeks the deadline may be advanced. In accordance with Minnesota Statute 331A.02, the Eden Prairie News has met certain qualifications in order to become a legal newspaper to better serve the community. Some of the qualifications we must meet to become a legal newspaper include: distribution of the paper at least once a week for 50 weeks out of the year; be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; have its known. office of issue established either in the county in which is 'lies in whole or in part, the local public corporation which the newspaper purports to sene, or hi an adjoining county; file a copy of each issue immedi- ately with the state historical society; etc. fiese are just a few of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past. .. Publisher . ~. enclosure Post Office Box 44220 Eden Prairie, Minnesota 55344 (952) 934-5045 53 INFORMATION FOR GOVERNMENTAL BODIES AND INDIVIDUALS USING THE LEGAL NOTICES SECTION OF THE EDEN PRAIRJE NEWS Deadlines Notices to be published must be received in the office of theEden Prairie News by 4 p.m., on Thursday preceding each publication date. This deadline must be observed to ensure accurate and timely publication of important notices. We will not accept faxed notices as legal documents, as these copies are often unreadable. All hard copy notices should be clean and typed. Legal notices can be e-mailed to the following: legal@swpub.com. Questions should be directed to our legal department, 952-445-3333. Affidavits One sworn affidavit of publication will be provided, upon request, without charge for each legal notice. Addi- tional Hidavits are available at $3.50 each. Additional cli2pings are av4able for $I .OO each. Late Fee Urgent legal notices which do not arrive at the Eden Prairie News office before the specified deadline may be accepted, at the publisher’s discretion, but will have a late fee or surcharge of 25 percent added for special handling. Publication Requirements Most specifications for legal notice publication, including the number of times a notice is to run, are set forth by statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel, not the publisher. Kill Fee Publication of scheduled notices may be stopped, depending on how far the printing process has advanced. If alegal notice is killed before the initial publication date, the customer may still be liable for a special typesetting fee. Errors Publisher assumes no responsibility for errors in typesetting or scheduling of legal notices. In all cases, publisher’s liability shall be limited to a “make good‘, of a defective notice if it can be demonstrated that the error was made by the publisher and that as aresult of the error the legal notice was rendered invalid. The newspaper must be notified of any errors after the first week of publication. Adjustments will be limited to the first week of publication only. Rates Effective January 1,1985, the Minnesota State Legislature authorized legal newspapers to charge for legal notices in the same manner in which they charge their best commercial display classified customers. That means that legal notices are billed by the column inch, not by the “legal line.” The law also restricts rate increases exceeding 10 percent per annum. EDENPRAIRIE NEWS RATE INFORMATION Lowest classified rate paid by commercial users ............................................................................ $2 1 .OO Legal advertising, first insertion ...................................................................................................... $10.63 Legal advertising, subsequent insertions ......................................................................................... $ 8.00 SLI December 13,2002 newspapers City of Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear City Council Members: The Eden Priii’rie.Su;i Current would like to be considered for designation as the legal newspaper for the City of Eden Prairie for the year 2003. AI1 published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our hame delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. Despite rising casts of operaling our newspapers, there will be no rate increase during the calendar year 2003. Our legal prices will remain the same. The rate structure for legals effective January 1, 2003 will be: 1 column width: $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length noticesk 2:OO pm the Wednesday prior to publication.’ E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is legals@mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952-392-6801. Thank you for considering the Sun Current as the official newspaper for the City of Eden Prairie in 2003. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President of Sales and Gensal Manager 10917 V&UY Vmv ROAD Q EDEN PRarrUE 0 MINNESOTA 55343 Q 952-829-0797 Q FAX: 952-941-3588 55 Scott Neal City Manager 8080 Mitchell Road Eden Prairie, MN 55344 - -- crn- -- -- --- newspapers Mr. Neal, *URGENT* The Eden Prairie Sun Current has served the community of Eden Prairie for many years and as the Vice President and General Manager I believe that our readers get the best local news in the area from the Sun Current Eden Prairie. We have submitted a bid for the year 2003 legal publications. However, we have noticed that for the last few years the Eden Prairie News has been designated as the legal newspaper. The Eden Prairie News does not maintain an operating office as described in Minnesota Statues in Eden Prairie and based on the Minnesota Statutes 2002, Chapter 33 1A they do not appear to qualify to be the City of Eden Prairies official newspaper. Therefore, I assume they will not be considered when the city council meets on January 7,2003 to award the 2003 newspaper of official publication. In fact, after you review the Statues the Eden Prairie Sun Current as of today including calendar year 2002 is the only newspaper that qualifies under Minnesota statue. Based on the bid that we submitted for 2002 we should have been awarded the designation as Eden Prairie legal newspaper. The statute is clear as it describes in 3314.04 that a designation of a newspaper for oficial publication must follow a list ofpriorities to determine the official designation. This first priority is that any newspaper with a known office of issue within the local public corporation shall be designated. I have enclosed a full copy of the statute for you review. Please call if you have any questions or would like to discuss. Vice president and General Manager Minnesota Sun Publications (952) 392-6807 Enclosed: Minnesota Statues 2002 Cc. Nancy Tyra-Lulens 10917 VAUEYV~EW ROAD Q EDEN PRAIRZE Q LMINNESm 55342& Q 952-829-0797 Q FAX: 952-941-3588 56 -- Page I of 9 Minnesota Statutes 2002, Chapter 33 1A. Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. -331A. 01 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except , as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the principal office maintained by the publisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of issue. Subd. 3. Local public corporation. "Local public . corporation" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Newspaper. "Newspaper" means a publication issued regularly by the same person or corporation, or a successor, whether the name of the publication is the same or different . Subd. 6. Proceedings. , "Proceedings" means the substance of all official actions taken by the governing body of a local public corporation at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person .may or shall do an act or exercise a right within a designated period or upon or by a designated date. 12/5/2002 Page 2 of9 (d) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper, "legal newspaper, I' "official newspaper, lr "newspaper, and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service to that community, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local public corporation in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444 ==331A. 02 331A.02 Requirements for a qualified newspaper. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium of official and legal publication. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified as a medium of official and legal publication, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the local public corporation the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each 12/5/2002 Page 3 of 9 week, or if not a daily, be distributed at least once each week, for 50 weeks each year, In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services ; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the local public corporation it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the local public corporation it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the state historical society; (9) be made available at single or subscription prices to any person, corporation, partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper’s name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a 3 http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 12/5/2002 Page 4 of 9 list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as it otherwise qualifies pursuant to the requirements of subdivision 1. (b) If on May 20, 1965, any newspaper has been circulated in and near the municipality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so circulated and delivered and it otherwise qualifies pursuant to the requirements of subdivision 1. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper for publication of county board proceedings. (a) Suspension of publication for a period df not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal publication until the newspaper again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. Any person interested in the standing as a medium of official and legal publication of a newspaper, may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment whether the newspaper is qualified as a medium of official and legal publication. Unless filed by the publisher, the petition and summons shall be served http://~~v.revisor.leg.state.mn.us/cgi-bietstatchap.pl ,@ 12/5/2002 Page 5 of 9 on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1 ==331A. 03 331A.03 Where notice published. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated municipality or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. HIST: 1984 c 543 s 22; 1991 c 53 s 1 ==331A. 04 331A.04 Designation of a newspaper for official publications. Subdivision 1. Priority. The governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary office there, one of them shall be http://www.revisor.leg.state.mn.us/cgi-bietstatchap.pl 61 12/5/2002 Page 6 of 9 designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the local public corporation, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a local public corporation is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a. separate qualified newspaper for each county. HIST: 1984 c 543 s 23 ==331A. 05 331A.05 Form of public notices. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice, a public notice shall be printed in a type face no smaller than six point with a lower case alphabet of 90 point. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. It may publish or disseminate the notice in other newspapers in addition to the newspaper required to be designated under section 331A.04. Regardless of whether a particular statute specifies "legal http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl bz 12/5/2002 Page 7 of 9 notice, "public notice, "notice, or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a local public corporation to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the local public corporation, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. HIST: 1984 c 543 s 24; 1997 c 56 s 1 -- --331A. 06 331A.06 Fees for publication. Subdivision 1. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Fees for publication. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. When the governing board of a local public corporation awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18 ==331A. 07 331A.07 Affidavit of publication. No compensation shall be recoverable for publishing legal or official matter in any newspaper not qualified, until there is filed with the county auditor the affidavit of a person having knowledge of the facts, showing the name and location of the newspaper and the existence of conditions constituting its 12/5/2002 . a . Page 8 of 9 qualifications as a qualified newspaper as set forth in section 331A.02- another county, a like affidavit must be filed with its auditor. The affidavit, if it states the required facts, shall be prima facie evidence of them and of the qualification. No compensation shall be recoverable for publishing legal or official matter in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, setting forth the fact that the newspaper has complied with all the requirements to constitute a legal newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the legal or official matter was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06, the maximum charge allowable by law for the publication of the specific legal or official matter in question, and the rate actually charged for that publication. If the matter published relates to proceedings in HIST: 1984 c 543 s 26; 1993 c 48 s 7 ==331A. 08 331A.08 Computation of time. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. HIST: 1984 c 543 s 27 ==331A. 09 331A.09 Publication on Sunday. Any public notice may be printed in a newspaper published on Sunday, and the publication is a lawful publication and a full compliance with the order of the court or officer ordering the publication. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week or the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28 ==331A. 10 331A.10 Change of name or discontinuance of newspaper. Subdivision 1. Change of name. When a legal notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication 12/5/2002 1 1 .- VI c Page 9 of9 is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29 ==331A. 11 331A.11 Application. Subdivision 1. App-y. Sections 33 A.O1 to 331A.11 apply to all municipalities and local public corporations. Subd. 2. Do not apply. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer to sections 331A.01 to 331A.11, or particular provisions of sections 331A.01 to 331A.11. HIST: 1984 c 543 s 30 12/5/2002 CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREA/DMSION: ITEM DESClUPTION: ITEM NO.: City Manager m.-s. Resolution Designating the Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 2003 and Appointing Acting Mayor DATE: January 7,2003 Requested Action MOTION: Move to adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2003 and appointing Councilmember Case the Acting Mayor. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AM) PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2003 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:OO P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:OO P.M. and Council Forums will be held at 6:30 P.M. prior to regularly scheduled Council meetings. Any regularly scheduled Council meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:OO P.M. Robert's Rule of Order will prevail. BE IT FURTHER RESOLVED, that Councilmember Case is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED, by the City Council of the City of Eden Prairie, on this 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 7,2003 Requested Action SERVICE AREA: Office of the City Manager Move to: Adopt Resolution designating Councilmember Case as the Director and Councilmember Young as the Alternate Director to the Suburban Rate Authority. ITEM DESCRIPTION: Resolution ITEM NO.: Designating the Director and Alternate Director to the Suburban Rate Authority of 2003 Ttrrr,C. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2003. ADOPTED, by the City Council of the City of Eden Prairie, on this 7th day of January, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREA: Scott Neal City Manager ITEM DESCRIPTION: Appointment of Citizen Representative to Southwest Metro Transit Commission DATE: January 7,2003 ITEM NO.: gTrr SA Requested Action Move to: Appoint Councilmember Case to Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a tlu-ee-year term to end December 3 1,2005 Synopsis It is necessary for the City Council to appoint a Citizen Representative for a three-year term to end December 31,2005. Councilmember Case has served as the Eden Prairie Citizen Representative since March 2001, and has indicated an interest in continuing in this position. Background 70 CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREAIDMSION: City Manager ITEM DESCFUPTION: Appointment to Association of Metropolitan Municipalities DATE: January 7,2003 ITEM NO.: 'rnLIG. Requested Action MOTION: Approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments Appointment to the National League of Cities DATE: January 7,2003 ITEM NO.: 2Xii.F. Requested Action MOTION: Move to: Approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREA/DMSION: City Manager ITEM DESCRIPTION: Appointment to the Municipal Legislative Commission DATE: ITEM NO.: Requested Action MOTION: Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. 73 CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREA/DMSION: ITEM DESCRIPTION: City Manager Appointment to the Southwest Corridor Coalition DATE: ITEM NO.: , , I January 7,2003 Requested Action MOTION: Move to: Approve appointment of Councilmember Mosman to Southwest Corridor Coalition. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments City Manager Appointment to the Community Resource Center Advisory Council DATE: January 7,2003 ITEM NO.: 58aT *r Requested Action MOTION: Move to: Approve appointment of Councilmember Butcher to Community Resource Center Advisory Council Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments City Manager Appointment to the Southwest Cable TV Commission DATE: January 7,2003 ITEM NO.: Requested Action MOTION: Move to: Approve appointment of Councilmember Case to Southwest Cable TV Commission Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA I SECTION: Appointments DATE: I January7,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: City Manager Appointment to the Eden Prairie Foundation ITEM NO.: xm.s K * Requested Action MOTION: Move to: Prairie Foundation. Approve appointment of Mayor Tyra-Lukens to the- Eden Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments SERVICE AREAIDMSION: ITEM DESCRIPTION: City Manager Appointment to the 1-494 Corridor Commission DATE: January 7,2003 ITEM NO.: Requested Action MOTION: Move to: Approve appointment of Councilmember Mosman to the 1-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7,2003 SERVICE AREA/DMSION: ITEM DESCRIPTION: ITEM NO.: m. ,M. City Manager Appointment to the Hennepin South Services Collaborative Requested Action MOTION: Move to: Approve appointment of Councilmember Butcher the Hennepin South Services Collaborative Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments City Manager Appointment to the City and School Facilities Use Task Force DATE: January 7,2003 ITEM NO.: m. PJ. Requested Action MOTION: Facilities Use Task Force Move to: Approve appointment of Councilmember Young to the City and School Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments City Manager Appointment to the Building Assets Together Committee DATE: January 7,2003 ITEM NO.: m 40. Requested Action MOTION: Move to: Approve appointment of Councilmember Mosman to the Building Assets Together Committee Synopsis This appointment is approved on an annual basis.