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HomeMy WebLinkAboutCity Council - 01/21/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JANUARY 21,2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young 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 II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. TH 169 A. Introductions B. Proposed Construction 1. Pioneer Trail 2. Anderson Lakes Parkway C. Issues with Proposed Construction 1. Northwest Quadrant of Pioneer Trai/Visual Barrier 2. Access to Garrison Way 3. Park District Impacts 4. Other D. Proposed Staging and Impacts E. Construction Schedule 1. Design/Build 2. Metro 10-Year Work Plan—State Fiscal Year 2009 F. Proposed Construction at TH 169/1-494 1. Stage 1 2. Stage 2 G. Public Meeting for Environmental Assessment H. Request for City Council Municipal Consent Date IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 21,2003 7:00 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. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PUBLIC SAFETY SERVICE ANNOUNCEMENT VIDEO ON TEEN ALCOHOL USE V. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. (p. 1) VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 7,2003 (p. 2) VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 9) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF DUPONT'S CRESTWOOD ADDITION (p. 10) C. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FOR 2003 (p. 14) D. APPROVE A MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION WITH HENNEPIN COUNTY (p. 16) E. ADOPT RESOLUTION TO PETITION THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT TO COMMIT TO FUNDING THE RILEY AND RICE MARSH LAKE WATER QUALITY IMPROVEMENT PROJECTS (p. 21) CITY COUNCIL AGENDA January 21,2003 Page 2 F. ADOPT RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS (p. 26) G. APPROVE SUPPLEMENTAL PAY REQUEST FROM SEH,INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE BRYANT LAKE DRIVE TRAIL,I.C. 00-5514 (p. 29) H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC. FOR PRELIMINARY ENGINEERING SERVICES FOR THE RECONSTRUCTION OF VALLEY VIEW ROAD NEAR NINE MILE CREEK,I.C. 02-5586 (p. 32) I. ADOPT RESOLUTION RELATING TO $1,445,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1994A BONDS), SERIES 2003C (p. 42) J. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS (p. 64) K. ADOPT RESOLUTION AUTHORIZING THE AMENDMENT TO THE PROJECT MANAGEMENT AGREEMENT FOR ROLLING HILLS SENIOR HOUSING DEVELOPMENT (p. 67) IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 4,BLOCK 1,HARTFORD COMMONS; VACATION 03-01 (Resolution) (p. 71) B. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 2,BLOCK 2,HARTFORD COMMONS; VACATION 03-02 (Resolution) (p. 74), C. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 3,BLOCK 5,HARTFORD COMMONS ; VACATION 03-03 (Resolution) (p. 77) D. EDEN PRAIRIE CENTER 10TH ADDITION by General Growth. Request for Planned Unit Development Concept Review on 41.3 acres,Planned Unit Development on 41.3 acres, Zoning Amendment in C-Regional District on 41.3 acres, and Preliminary Plat of 41.3 acres into 2 lots. Location: Eden Prairie Mall. (Resolution for PUD Concept Amendment, and Resolution for Preliminary Plat) (p. 80) X. PAYMENT OF CLAIMS (p. 89) CITY COUNCIL AGENDA January 21,2003 Page 3 XI. ORDINANCES AND RESOLUTIONS A. ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32, RELATING TO ORGANIZATIONAL RESTRUCTURING (p. 98) XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR 1. Appointment to State Board of Assessors (p. 103) H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT PROCLA.IVIATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Citizen Advisory Commission sponsors both a Human Rights Award program and a Youth Scholarship Award program, recognizing those that work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2003 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Nancy Tyra-Lukens, Mayor City of Eden Prairie 1 A . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 7, 2003 7:00 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,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens stated that Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office (at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. SWEARING IN OF MAYOR TYRA-LUKENS AND COUNCILMEMBERS RON CASE AND PHILIP YOUNG City Attorney Ric Rosow conducted the swearing in of Mayor Tyra Lukens and Councilmembers Case and Young,with each oath administered individually. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an opportunity for Councilmembers to announce goals for the upcoming year under Item XIV.A. Reports of Councilmembers. MOTION: Butcher moved, seconded by Mosman, to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 17,2002 MOTION: Mosman moved, seconded by Case,to approve as published,the Minutes of the City Council Workshop held December 17, 2002. Motion carried 4-0.Young abstained. CITY COUNCIL MINUTES January 7,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 17,2002 Case noted a change to page 16. Second paragraph, second sentence should read "That is behind the reasons that two Council members voted against this in 1998 because there were many concerns about the ecological impact." MOTION:Mosman moved,seconded by Case,to approve as published and amended,the Minutes of the City Council Meeting held December 17,2002. Motion carried 4-0.Young abstained. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO. 2003-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. RESOLUTION NO. 2003-02 DESIGNATING DEPOSITORIES D. RESOLUTION NO.2003-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. RESOLUTION NO. 2003-04 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. RESOLUTION NO. 2003-05 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. RESOLUTION NO.2003-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. RESOLUTION NO. 2003-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY I. RESOLUTION NO. 2003-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2003 MOTION: Case moved, seconded by Mosman,to approve Items A-I of the Consent Calendar. Motion carried 5-0. MOTION: Following Payment of Claims, Councilmember Case moved to reconsider Item I on the Consent Calendar. Seconded by Mosman, motion carried 5-0. Case noted that this year, for the first time,the first Tuesday in November Council meeting was changed because the Council had an election and suggested there not be a Council meeting on election night because the public may not want a meeting on 3 CITY COUNCIL MINUTES January 7,2003 Page 3 the same night as elections. He suggested Council meetings be on the second and third Tuesdays in November instead of the first and third Tuesdays. MOTION: Following discussion, Case moved that meeting dates be amended to change the first meeting in November from the first Tuesday to the second Tuesday. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case, Mosman,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. RESOLUTION NO. 2003-09 DESIGNATING THE OFFICIAL CITY NEWSPAPER City Manager Scott Neal stated the current official City newspaper is the Eden Prairie News. He said a request for bids was conducted in December and the City received bids from the Eden Prairie News and the Sun Current. He said the Eden Prairie News was preferred because of the 27-year practice of having the paper report the City's news,however,the Sun Current has challenged the preference based on State Statutes.Neal said the City Attorney was consulted for an opinion on the issue. Rosow said State Statute is specific as far as qualification requirements for a newspaper being designated the official City newspaper. He said there are a number of requirements such as the newspaper having a known office of issue in the county in which the entity is located or an adjoining county; 50 percent of the news articles' column space must be devoted to local news of interest; and a copy of each issue of the newspaper must be filed with the Minnesota Historical Society.Rosow said it was confirmed that the Sun Current files all of its issues with the historical society and did so for all of 2002. He said initially it was determined there was not 50 percent of news of local interest in the Sun Current,but with school news, the newspaper meets that criteria. Rosow said Statutes state when there are competing newspapers,priority is given to the one with the known office of issue in the city. He said the Sun Current has its known office of issue in the City of Eden Prairie and the Eden Prairie News does not. Therefore,Rosow said under the Statute, the opinion is that the Sun Current qualifies for designation under the requirements. Rosow said after looking at all the criteria, the determining factor was the location of the office. CITY COUNCIL MINUTES January 7,2003 Page 4 Case said reporting in the Sun Current has been satisfactory,but he is uncomfortable with the inconsistent distribution of the paper to Councilmembers as well as citizens. Butcher asked for definition on what it means to be the"official newspaper." Rosow said it means that all notices and other matters that the City is required by law to publish must be published in the designated official newspaper. Mosman requested that Staff should work with the paper to increase the circulation in the entire City. Young said he has attempted to get the Sun Current in the past without much success. MOTION: Case moved to designate the Eden Prairie Sun Current as the official newspaper of the City of Eden Prairie for 2003. Seconded by Mosman, motion carried 5-0. B. RESOLUTION NO. 2003-10 DESIGNATING THE OFFICIAL MEETING DATES,TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2003 AND APPOINTING COUNCILMEMBER CASE ACTING MAYOR MOTION: Mosman moved to adopt Resolution No. 2003-10 designating the official meeting dates,time and place for the City of Eden Prairie Council in 2003 and appointing Councilmember Case the Acting Mayor. Seconded by Butcher, motion carried 5-0. C. RESOLUTION NO. 2003-11 APPOINTING COUNCILMEMBER CASE AS THE DIRECTOR AND COUNCILMEMBER YOUNG AS THE ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2003 Councilmember Young declined to accept the appointment as Alternate Director due to potential conflict of interest with work his law firm does with utilities. MOTION: Butcher moved to adopt Resolution No. 2003-12 designating Councilmember Case as the Director and Public Works Director Eugene Dietz as the Alternate Director to the Suburban Rate Authority. Seconded by Mosman, motion carried 5-0. D. APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST METRO TRANSIT BOARD AS THE EDEN PRAIRIE CITIZEN REPRESENTATIVE FOR A THREE-YEAR TERM MOTION: Butcher moved to appoint Councilmember Case to Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2005. Seconded by Mosman, motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES CITY COUNCIL MINUTES January 7,2003 Page 5 MOTION: Butcher moved, seconded by Case,to appoint Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Butcher,to appoint Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. G. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Case moved, seconded by Butcher, to appoint Mayor Tyra-Lukens to the Municipal Legislative Commission. Motion carried 5-0. H. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE SOUTHWEST CORRIDOR COMMISSION MOTION: Butcher moved, seconded by Case,to appoint Councilmember Mosman to the Southwest Corridor Commission. Motion carried 5-0. I. APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Mosman moved, seconded by Case, to appoint Councilmember Butcher to the Community Resource Center Advisory Council. Motion carried 5-0. J. APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST CABLE TV COMMISSION MOTION: Mosman moved, seconded by Butcher, to appoint Councilmember Case to the Southwest Cable TV Commission. Motion carried 5-0. K. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE EDEN PRAIRIE FOUNDATION MOTION: Butcher moved, seconded by Case,to appoint Mayor Tyra-Lukens to the Eden Prairie Foundation. Motion carried 5-0. L. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE I-494 CORRIDOR COMMISSION MOTION: Butcher moved, seconded by Case, to appoint Councilmember Mosman to the I-94 Corridor Commission. Motion carried 5-0. CITY COUNCIL MINUTES January 7,2003 Page 6 M. APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE MOTION:Mosman moved, seconded by Case,to appoint Councilmember Butcher to the Hennepin South Services Collaborative. Motion carried 5-0. N. APPOINTMENT OF COUNCILMEMBER YOUNG TO THE CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Case moved, seconded by Mosman,to appoint Councilmember Young to the City and School Facilities Use Task Force. Motion carried 5-0. O. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE BUILDING ASSETS TOGETHER COMMITTEE MOTION: Butcher moved, seconded by Case,to appoint Councilmember Mosman to the Building Assets Together Committee. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Butcher stated her goals for the upcoming year are continuing the strong activity of meeting with the business community to attract and retain businesses;to revisit strategic initiatives and strategic planning; and continue commitment to homeland security. She said she believes the Flying Cloud Airport Advisory Commission should be reinstated, and a security plan should be developed with local governments. Mosman said the Council should lead the effort to encourage the State and Federal government to improve transportation in and around Eden Prairie. She said the City should keep residents informed of transportation issues and how they can voice their ideas and concerns to the appropriate party at the appropriate time. She said the Council should also consider the most effective method for monitoring and enforcing the new final agreement with MAC for Flying Cloud Airport. Mosman said she would also like the Council to proceed with establishing an ad hoc citizen advisory task force to examine strategies to increase the quality of indoor air in Eden Prairie. In addition, she said the Council should lead efforts to build a greater sense of community among Eden Prairie residents. Young said through his conduct on the Council,he wants to confirm the decision of those citizens who provided him with the honor of serving on the Council. He said he is grateful and wants to give back to those citizens the trust they have bestowed in him. Young said that the Council should also consider expansion from 5 to 7 members. He asked that the City continue to reach out to the business community because they contribute to the success of the City although they hold no vote. Case said his goals are to complete "phase 2" of the smoking ban issue by charging a task force to work with businesses and restaurants to move incrementally toward CITY COUNCIL MINUTES January 7,2003 Page 7 cleaner, smoke-free indoor environments; and also by developing a plan to cultivate support from neighboring communities to build regional consensus for passing similar bans and implementing similar voluntary restrictions. His goals also include implementation of the MAC/City agreement covering noise,pavement depth and aircraft weight monitoring,night time run-ups ban,working with MAC and other reliever airport communities to forge a united front before the Legislature to seek statewide aviation solutions, including homeland security issues, and monitoring voluntary use of the northern most east/west runway for Stage 2 aircraft and to have some mechanism that would observe the compliance or noncompliance of that. Case said there is much public interest in completing park infrastructure and Council • should look at it working toward a possible future referendum vote. He said his goals also include communications with constituents with review of City use of newsletters and hard copy publications, continuing to pursue an interactive website,roving "field trip" workshops and Town Hall meetings on special topics. Case would also like to study the Council's representative structure and survey to assess and identify problem areas with a possible study group to evaluate alternatives to address problem areas. He said if a larger Council is the result,then the 7-member Council Charter form of City government may need to be investigated. Tyra-Lukens added that although the elimination of local government aid does not have a big impact on the City,the Council should be prepared for major budget adjustments mid-year because of continued depression of the commercial/industrial property values that will have some impact on tax revenues received. She said she would like to have a discussion about offering the Council chamber to the School District for televised School Board meetings at nominal or no cost to the district. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Young moved, seconded by Mosman, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:42 p.m. g CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List A'Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel David Odegaard-Dogs Raffle Organization: Kent Hrbek Celebrity Tournament Place: Bearpath Golf& Country Club Date: June 9, 2003 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Dupont's Crestwood ltrrr `S . Engineering Services Addition Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of Dupont's Crestwood Addition Synopsis This proposal is located at 18390 Dell Drive. The plat consists of 2.2 acres to be divided into three single family lots. The project will propose two additional single family home sites with the existing home on Lot 1 to remain. This is a replat of Lots 1 and 2, Block 1, Crestwood 89. Background Information The preliminary plat was approved by the City Council February 5, 2002. Second Reading of the Rezoning Ordinance was completed on March 7, 2002. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. Attachments Drawing of final plat / 0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING FINAL PLAT OF DUPONT'S CRESTWOOD ADDITION WHEREAS, the plat of Dupont's Crestwood Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Dupont's Crestwood Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 21, 2003. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 21,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk I I • ,, A ill O A CS Ct .1 . itIt lii 1*.. . 11 1 ii i j ' ii;i1 . . 0 A- 1 t.`;ts 1 a ' t .: 1 110 i i i I 1 3 i: lr 1 51 I 1 1 1 i lii it§ 1 Lij .: ,,,, . 4 a 1 . 11 . 1.a.,411 i li I Ill/ 1 - 1 111 i •C 2 A' -.'00-5 i ii9 • il i raai . 1 . A. In".; k 1 ;.1. . lh 1 z4 1j ' :1. k.,...,a;,,, •. • a :. . ' 1.. .gliA.'. 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A RESOLUTION APPROVING FINAL PLAT OF DUPONT'S CRESTWOOD ADDITION WHEREAS, the plat of has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Dupont's Crestwood Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 21, 2003. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 21, 2003. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk 13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21,2003 Department/Division: ITEM DESCRIPTION: ITEM NO.: Public Works/Fleet Services 2003 Equipment Replacement Fund Schedule Cliff Cracauer ,e Requested Action Move to: Approve purchase of replacement vehicles and equipment for 2003 in accordance with the attached exhibit. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and replacement schedule,which is then incorporated into the annual General Fund Budget for a six year period. Annual budget requests are then finalized and the final request is submitted to City Council for approval. Background The Equipment Replacement fund was created to provide a stable funding level for vehicles in the City's fleet. Prior to 1995, significant fluctuations were common in the budget to account for equipment replacement. The net budgeted amount for 2003 is $585,000. However, it has been determined to postpone the replacement of certain vehicles until next year and the resultant spending level is expected to be approximately$477,000 in accordance with the attached schedule. The excess amounts from year to year are carried over in the fund and creates the flexibility to create the optimum balance between serviceability, salvage value and cost/benefit. With few exceptions, the bidding process for new vehicles occurs at the County and State level and we are able to purchase vehicles from that bidding procedure. As noted in the attachment,most of the vendors are known based on this process. The remaining bids are anticipated later this month. Staff recommends approval of the attached 2003 replacement schedule. Attachments List of replacement vehicles and equipment for the year 2003. 2003 Equipment Replacement Service Area Replacement Contract# Vendor Cost Public Works Streets 125 Single axle dump *TBD *TBD $ 106,000.00 151 1 Ton pickup with V plow 430105 Nelson Dodge_GMC $35,000.00 157 1 Ton cab/chasis with plow *TBD *TBD • $55,000.00 Sub Total $196,000.00 Public Safety Police 215 Crown Victoria 426133 Superior Ford $23,000.00 222 Crown Victoria 426133 Superior Ford $23,000.00 223 Crown Victoria 426133 Superior Ford $23,000.00 224 Crown Victoria 426133 Superior Ford $23,000.00 225 Crown Victoria 426133 Superior Ford $23,000.00 226 Crown Victoria 426133 Superior Ford $23,000.00 274 Dodge Intrepid *TBD *TBD $21,500.00 283 Chevrolet 4x4 Extended Cab 430025 Thane Hawkins Polar Chevrolet $21,000.00 **CIP Crown Victoria 426133 Superior Ford $23,000.00 **CIP Impala 430023 Hinckley Chevrolet $15,000.00 Sub Total $218,500.00 Fire Department 360 Trail Blazer 430023 Hinckley Chevrolet $23,000.00 Park and Recreation Park Maintenance 403 Toro 325D *TBD *TBD $21,000.00 434 Cushman *TBD *TBD $20,000.00 454 1 Ton pickup with plow 430105 Nelson Dodge_GMC $30,000.00 455 1 Ton pickup with plow 430105 Nelson Dodge_GMC $30,000.00 456 Garbage packer *TBD *TBD $60,000.00 462 3/4 Ton pickup with plow 430105 Nelson Dodge_GMC • $29,000.00 Sub Total $190,000.00 Water/Water Utilities 719 1 Ton pickup with plow 430105 Nelson Dodge_GMC $30,000.00 Sub Total $30,000.00 Total all purchases $657,500.00 ** Total Wafer/Utilities/CIP $76,000.00 Total Equipment Fund $581,500.00 Salvage Equipment Fund $104,670.00 Net Equipment Fund $476,830.00 *(TBD)To be determined contracts are not finalized "'These funds are not part of equipment replacement fund 1/9/200310:50 AM 15 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Works Service Area ITEM NO.: Municipal Waste Abatement Incentive Fund Leslie Stovring Through Eugene Dietz Grant Application Requested Action Move to: Approve a Municipal Waste Abatement Incentive Fund Grant Application with Hennepin County in the amount of$49,995. Synopsis A Municipal Waste Abatement Incentive Fund Grant Application has been prepared for submittal to Hennepin County for continuation of the production of an educational CD-ROM on recycling(Phase 2). The CD-ROM will be aimed at children in middle to high school for use at the Environmental Learning Center as well as in classroom settings and in our Recycling Education Trunk currently under development. The total Phase 2 project cost would be$81,795. The funding would be as follows: • $49,995—Hennepin County Grant Application • $3,150— Salary expenses for Environmental Coordinator(Recycling Fund—non General Fund) • $1,850— City matching for production expenses(Recycling Fund—non General Fund) • $16,800— Hamline University matching contribution • $10,000—Metropolitan Council grant to Hamline University Background In 1999 the Hennepin County Board of Commissioners established a Municipal Waste Abatement Incentive Fund in the amount of$100,000. The intent of the fund is to increase residential waste abatement rates. The project currently under production (Phase 1) is a basic educational multi-media CD-ROM aimed at increasing education and awareness of recycling themes. Phase 1 was approved by the City Council on October 2, 2001. The CD-ROM is,and will continue to be,a collaboration between Hamline University's Center for Global Environmental Education(CGEE),the Minneapolis College of Art&Design(MCAD)and the City of Eden Prairie. Phase 2 of the "Big Foot" CD-ROM production will enrich and broaden the educational experience associated with the CD-ROM. The scope of work includes: • Activity Guide Development—Development of a Teacher's Guide on how to use the CD-ROM. Activity guide development was not provided for in the Phase 1 grant proposal. • Course Development—Creation of a graduate-level class for educators that supports the integration of the CD-ROM materials into their classroom curriculum. Course development was not provided for in the Phase 1 grant proposal. • Scholarship Program—Up to 20 teachers will be provided a scholarship to the course developed for Phase 2. No scholarships were included in the Phase 1 grant proposal. • Program Enhancements—The purpose of this task is to take the material generated for Phase 1 and add more detailed content;enhanced animations and more visualization. Contact time would be increased by up to 25 minutes. More information would be provided on messages such as the biological process of composting,reuse of materials and waste reduction. Attachments • Municipal Waste Abatement Incentive Fund Grant Application 16 Municipal Waste Abatement Incentive Fund Grant Application January 21,2003 2003 Waste Abatement Incentive Fund Grant Application Application Due—5:00 p.m.,Friday,February 7,2003 Mail Signed Copy to: John Jaimez Hennepin County Dept. of Environmental Services 417 N. 5th St., Suite 200 Minneapolis,MN 55401-1309 E-mail Copy(if possible)to: john.jaimez@co.hennepin.mn.us Applicant Information: Public Entity: City of Eden Prairie Contact Person: Leslie A. Stovring Title: Environmental Coordinator Address: Public Works Department.,8080 Mitchell Road City, State,Zip: Eden Prairie,MN 55344—4485 Phone: 952-949-8327 Fax: 952-949-8390 E-Mail: lstovring@ci.eden-prairie.mn.us Grant Request: $49,995 Matching Funds: $21,800 Total Project Cost: $71,795 Authorizing Signature: The signature of a person who has the authority to enter into a contract with Hennepin County on behalf of the public entity(Administrator, Superintendent,Board Chair, etc.). Name (Typed or Printed): Scott Neal Signature: Title: City Manager Project Title: Eden Prairie"Big Foot"Educational CD-ROM Project Project Description: Please provide a brief, one page or less, project description. The project description should address any project collaborators, the timeline in which the project will be completed, the expected outcome of the project and the key individuals participating in project activities. This application is for the second phase of development of an educational tool, the "Big Foot" CD- ROM production,which was approved in 2001 under this same grant program. In that grant request,we stated that additional funding would be required to develop additional materials for the CD-ROM. The first phase included development of a basic educational program on a CD-ROM format. The enhanced CD-ROM is intended to broaden and enrich the concept of the ecological footprint to further educate users about the importance of recycling,reuse and reduction,as well as effective urban planning in relation to our ecological footprint. The primary audience for the enhanced CD-ROM would be upper elementary and middle school students. The students would use the program in a classroom setting. The CD-ROM starts at an introductory level, on the assumption that many of the students studying the program have little or no familiarity with concepts. The proposed study guide and graduate level course will be targeted to educators of grades 4-8. fl- Municipal Waste Abatement Incentive Fund Grant Application January 21,2003 Funding for the Phase II or`Enhanced Program" development will provide a number of additional features over the basic program. This would include: 1. Activity Guide Development—Development of a Teacher's Guide on how to use the CD-ROM to teach students and how to use the materials to meet national science and social studies standards. No funding was provided for an Activity Guide in the Phase I grant. 2. Course Development—Creation of a graduate-level class for educators that supports integration of the CD-ROM content into classroom curriculum. The course will be developed as an on-line offering to encourage wider attendance. Course development was not included in the Phase I grant proposal. 3. Scholarship Program — Provision of scholarships to broaden usage and understanding of the materials provided on the CD-ROM. The proposal includes providing scholarships to 50 teachers. No scholarships were provided in the Phase I grant proposal. 4. Program Enhancements — Development of more detailed content, enhanced animations and visualizations resulting in a more feature rich user learning experience and increased user contact time. o Contact time would increase by approximately 15 to 25 minutes through presentation of more detailed information and more diverse concepts. o Visualizations would be developed on biological process of composting,illustrations ofhow recycled materials can be reused in new product manufacture and graphic representations of how recycling,reuse and waste reduction can decrease the size of the user's environmental footprint. o Animations would be developed to bring more depth and "aliveness" to the CD-ROM content, to help make the educational material better at maintaining user interest. The CD-ROM is a collaboration between Hamline University's Center for Global Environmental Education(CGEE),the Minneapolis College of Art&Design(MCAD), and the City of Eden Prairie. Key contacts are John Shepard, CGEE Assistant Director and Leslie Stovring, Eden Prairie Environmental Coordinator. Additional funding ($10,000) is also being provided by the Metropolitan Council for use in development of ideas relating our ecological footprint to population growth and development. Project Budget: Provide a detailed budget including expenses for staff,printing,copying,mailing,equipment,materials,etc. If the project cost is over$25,000,you must identify the nature and source of matching funds. The following table outlines the cost estimate for this scope of work. Hamline University's Center for Global Environmental Education(CGEE)will be a subcontractor for the City of Eden Prairie. The City intends on handling all billings and payments for the video production and course development. A separate check would not need to be submitted to Hamlin University for this project. I$ O 0 ❑ 0) CO _z 1-1 CO 69 Er} U z O 0 ❑ � W Z U Z Q 6 . 69. 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Ear Ef} i 69• H • O I ZF I,. b - EL; I' Imo '`ii•01 � I-- ip Z :. p . :. = p 0 O q ri --ILL' U U � � o � 49. 0 II cd Hco wU c 0 co 2 W � • I— I o C o ..0 D U) 0.'i al O vi :,.7 i O V a� co co ;� N E `�° a3 c E L. ` L L J z C7 R,N • y �0 o c_ N co 0 N OitS i .0 u) 3 > o- c � - � > � > oco `='.oc0 sow P g 1 i o a) -v , c a) , 0 f— co o L , U h co O O H 0 Q co a 1— CO 4 CO I— 1— h CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#03-5589 Public Works Service Area Adopt Resolution to Petition Riley- ITEM NO.: Purgatory-Bluff Creek Watershed District Leslie Stovring for Riley&Rice Marsh Lake Water Through Eugene Dietz Quality Improvement Project Requested Action Move to: Adopt Resolution to Petition the Riley-Purgatory-Bluff Creek Watershed District to Commit to Funding the Riley and Rice Marsh Lake Water Quality Improvement Projects. Synopsis On December 21,2002 the City Council adopted a resolution to petition the Riley-Purgatory-Bluff Creek Watershed District for the Riley and Rice Marsh Lake water quality improvement projects. However, there was an error in the match requirements. The Watershed District requires that the City provide a 75%match for any property acquisition for the project,not 25%as stated previously. Staff recommends petitioning the Watershed District to provide a 25 to 100%match to complete the construction items in 2003 as part of the overall water quality improvement project. Background The purpose of the Lake Use Attainability Analyses (UAA) was to provide an assessment of the water quality of Riley and Rice Marsh Lakes,analyze the problems and provide alternative remedial measures that would result in the attainment of water quality sufficient to fully support the intended uses of the lakes. The petition is to complete the following actions. • Upgrade existing runoff detention ponds—Two existing stormwater ponds within Eden Prairie do not meet NURP standards and need to be upgraded. Remaining upgrades(9)will be within Chanhassen. It is estimated that this would result in a reduction in annual phosphorus loading to the lake by 50 to 95 pounds for future land uses. The estimated cost for the pond upgrades is $70,000(assuming no easement or property acquisition is required). If additional easements or property acquisition are required the City's share would be 75% of the cost. • Alum-Lime Slurry Treatment of Rice Marsh Lake and Lake Riley—Alum will be applied to the lakes to precipitate phosphorus onto the lake bottoms, thus removing in lake phosphorus and forming a layer over the sediments to prevent the release of phosphorus. The estimated cost of this would be a one time expenditure of$400,000 for 2003. The Watershed District would cover 100% of this cost. If the Watershed District approves the petition, an agreement with specific cost provisions will be developed for final approval by City Council at a later date. Attachments: • Resolution • Petition a\ CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION RELATING TO THE RILEY AND RICE MARSH LAKE WATER QUALITY IMPROVEMENT PROJECTS I.C.#03-5589 WHEREAS, Lake Riley and its tributary lake, Rice Marsh Lake, are important features within the City of Eden Prairie; and WHEREAS,the City Council is committed to water quality improvement within Lake Riley and Rice Marsh Lake; and WHEREAS,there is a documented relationship between deteriorating water quality within Riley Lake and the historical discharge of treated sewage wastewater into Rice Marsh Lake as well as the current stormwater ponding system; and WHEREAS, the City of Eden Prairie has determined that improvements to the lake water quality,stormwater treatment system and fishery habitat are required to fully realize the recreational potential of the lakes. NOW, THEREFORE, BE IT RESOLVED, the City Council desires to complete those items recommended within the Riley and Rice Marsh Lake Use Attainability Analyses to improve the water quality of Lake Riley and Rice Marsh Lake and hereby approves the attached petition to the Riley-Purgatory-Bluff Creek Watershed District to: • Upgrade two existing stormwater ponds that do not meet NURP standards, and • Treat each lake with an alum product to remove phosphorus from the water column. BE IT FURTHER RESOLVED,the City Council does request that the Riley-Purgatory- Bluff Creek Watershed District participate in funding these activities with a cost share of 25 to 100% as defined in the attached petition. ADOPTED by the Eden Prairie City Council January , 2003. • • Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen A.Porta, City Clerk PETITION OF THE CITY OF EDEN PRAIRIE TO RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR THE LAKE RILEY AND RICE MARSH LAKE BASIC WATER MANAGEMENT PROJECTS I. AUTHORITY The City of Eden Prairie petitions the Riley Purgatory Bluff Creek Watershed District,pursuant to the provisions of the Minnesota Statutes Sections 103D.201, 103D.605, 103D.705, and 103D.905, to undertake a basic water management project to protect and improve the water quality in Lake Riley and Rice Marsh Lake. II. PURPOSE The purpose of the project is to improve the water quality of Lake Riley by reducing internal and external sources of phosphorus in and to the lake that contribute to alga growth,resulting in decreased water quality,clarity and transparency.The Board of Water and Soil Resources approved and the Board of Managers adopted a watershed management plan that assessed the condition of the lake through determination of its physical,chemical,and biological qualities. The approved and adopted watershed management plan dated May 1996 is incorporated by reference. The project for the cities of Eden Prairie and Chanhassen will help remedy water quality impacts from: 1)municipal sewage treatment discharges that were made to Rice Marsh Lake through the early 1970's; 2) protect against future water quality degradation from the construction of T.H. 312 between Lake Riley and Rice Marsh Lake; and 3)increased urbanization within the watershed. The Riley and Rice Marsh Lake Use Attainability Analyses dated April 2002 and November 1999 respectively are incorporated by reference. III. GENERAL DESCRIPTION OF WORK PROPOSED AND PURPOSES The project proposes application of alum-plus-lime treatments and stormwater management improvements to improve the water quality of the Lake Riley and Rice Marsh Lake.Application of the alum-plus-lime treatments will remediate prior municipal sewage treatment discharges, while the stormwater management improvements will limit impacts from the highway construction and increased urbanization within the lake watershed. Through 1972, the City of Chanhassen discharged treated sewage wastewater into Rice Marsh Lake, resulting in high phosphorus levels within the sediments•on the bottom of the lake. Although wastewater discharges were discontinued,the excess phosphorus from years of discharge continues to degrade the water quality of Lake Riley via flows from Riley Creek. Approximately 54% of the phosphorus entering Lake Riley flows from Rice Marsh Lake through Riley Creek.Phosphorus recycled from Rice Marsh Lake sediments into Riley Creek waters is a major contributor the phosphorus draining into Lake Riley. Proposed water quality improvements are expected to reduce the phosphorus recycled from lake sediments to the overlying lake water that would otherwise support alga growth or blooms. Within the City of Eden Prairie, the project includes a proposal to treat Riley and Rice Marsh Lakes with an alum plus lime slurry. The proposal also calls for upgrading two (2) existing storm water management basins. The new and upgraded basins will conform to the standards for the National Urban Runoff Ponding Basins and the requirements of the Minnesota Pollution Control Agency. �3 Petition of the City of Eden Prairie ofRiley-Purgatory-Bluff Creek Watershed District Riley and Rice Marsh Lake Basic Water Management Projects January 21,2003 Page 2 of 3 Overall the project will increase the recreational use of swimming in Riley Lake by reducing the phosphorous loads to the lake thereby limiting the number of days the actual water quality exceeds the standard for recreational swimming. This is a Trophic State Index(TSI)of 53 (<40 mg/1),which is the guidance published by the Minnesota Pollution Control Agency to assess full support for primary contact recreation and aesthetics. The project intends continued monitoring and re-evaluation of the effect of constructing the proposed improvements for the purpose of determining whether additional controls are required. The proposed work is consistent with additional controls,if required to maintain the existing beneficial uses of Riley and Rice Marsh Lakes. IV. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENTS ARE LOCATED The project will be located on property that is directly or indirectly tributary to Lake Riley,Rice Marsh Lake, and Riley Creek that is located on the eastern and western boundaries of Chanhassen and Eden Prairie respectively. Within Eden Prairie, the project will be located in the general area west of Dell Road between Pioneer Trail and State Highway 5 in the City of Eden Prairie. The improvements are described in detail in the Riley and Rice Marsh Lake Use Attainability Analyses,which are incorporated by reference. V. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The affected lands are located in the cities of Eden Prairie and Chanhassen and include the riparian and tributary drainage areas to Lake Riley,Rice Marsh Lake,and Riley Creek.Generally,the affected areas are south of T.H. 5,east of T.H. 101,and north of Hennepin County Road 4.The approximate centerline of the affected property is located along the municipal boundary between Chanhassen and Eden Prairie. Rice Marsh Lake is located in the cities of Chanhassen and Eden Prairie and has a 821-acre watershed containing woodlands,marsh,residences,parks and open spaces.The Lake's direct watershed consists of 378 acres of low and moderate density housing, 348 acres of parks and open space, 50 acres of industrial,and 26 acres of commercial land use.Riley Creek is the outlet from Rice Marsh Lake to Lake Riley. Riley Creek has a 10 square mile watershed,with mild topography in the upper and middle portions of the watershed and a steep, north-valley wall of the Minnesota River on the downstream end of the watershed.Riley Creek originates from lakes Lucy and Ann,and flows through Lake Susan,Rice Marsh Lake, and Lake Riley before it begins its descent to the Minnesota River.This project will focus on the stretch of the creek between Rice Marsh Lake and Lake Riley. Finally, Lake Riley has a direct drainage area of 818 acres consisting of 449 acres of single-family homes, 286 acres of parks and open, 1 acre of commercial, and 82 acres of agricultural property. The lake has a maximum depth of approximately 50 feet,and a mean depth of approximately 23 feet.Water flows from Rice Marsh Lake to Lake Riley through Riley Creek. Lake Riley's total drainage area, including both direct and indirect drainage, is over 4,500 acres. Petition of the City of Eden Prairie of Riley-Purgatory-Bluff Creek Watershed District Riley and Rice Marsh Lake Basic Water Management Projects January 21, 2003 Page 3 of 3 VI. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT Prior years of municipal wastewater discharges to Rice Marsh Lake has deposited excessive amounts of phosphorus that untreated will impact Lake Riley for decades.The continued development in tributary areas and the scheduled construction of T.H.312 between Lake Riley and Rice Marsh Lake necessitates water quantity management and treatment of water quality to protect and improve the scenic, recreational and wildlife of those specific lakes and the overall water quality of the District. VII. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE AND WELFARE The City of Eden Prairie petitions for the project because it will be conducive to the public health, convenience and welfare of the District and the City. Completion of the project, and associated recreational improvements,will preserve and enhance the public use and enjoyment of Riley and Rice Marsh Lakes and their adjacent parks,all of which are significant natural resources of the District and region. VIII. FINANCING OF THE PROPOSED IMPROVEMENT The project is identified in the Riley Purgatory Bluff Creek Watershed District Water Management Plan and is a priority project of common benefit to the entire District.Minnesota Statutes Section 103D.905, Subdivision 3 provides for the project financing of the basic water management features of the project. The District will fund 100%of the costs of the project with the exception of any easement or property acquisition. The City will share(75%)in the cost of the cost of any such acquisitions. IX. PROJECT ABANDONMENT The City of Eden Prairie hereby states and acknowledges that it will pay all costs and expenses that may be incurred by the activities described in this petition in the event the project is dismissed, no construction contract is let, or the City withdraws its project petition. CITY OF EDEN PRAIRIE Mayor of City of Eden Prairie CITY OF EDEN PRAIRIE City Manager a.� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21,2003 DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Division Establishing Municipal State Aid Streets David Olson _ ,F, Eugene A. Dietz Requested Action Move to: Adopt resolution establishing Municipal State Aid Streets Synopsis Eden Prairie's certified street mileage for 2002 is 218.30 miles. Based on the criteria established for Municipal State Aid Street(MSAS)designations,the City qualifies for a maximum MSAS mileage designation of 43.66 miles. The requested designation of Technology Drive,Wallace Road,Martin Drive and Roberts Drive has received preliminary approval from MN/DOT and will provide a maximum funding return for the City. BACKGROUND INFORMATION: Annually, Cities in Minnesota with populations in excess of 5,000 are required by Minnesota Statutes to provide information concerning construction needs to the Commissioner of Transportation. Necessary information includes street mileage,money needs and populations of the municipality. Based on the municipal street mileage, each City is entitled to designate 20% of its mileage as Municipal State Aid Streets(MSAS). In addition,Minnesota Trunk Highways whose jurisdiction has turned over to a municipality since July 1, 1965 and County Highway turnbacks since May 11, 1994 may also be included. Eden Prairie is authorized 2.14 turnback miles. State Aid funds are derived primarily from gas tax receipts and are distributed to municipalities based on determinations from the 25-year construction needs for the designated MSAS streets. Eden Prairie receives approximately$1.5 million per year from its present designation of 42.66 miles. This additional designation will increase our MSAS mileage to 45.09 miles out of a possible 45.80 (includes Trunk Highway turnback mileage of 2.14)miles. Staff will monitor the ability to designate the additional mileage as our system grows and a candidate street of appropriate length is identified. The MSAS rules require that a designated street connect at each end to a State Highway, County State Aid Highway or other MSAS for its entire length to qualify. Attachments Eden Prairie MSAS Route Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO. RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eden Prairie that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the roads described as follows,to-wit: Technology Drive—from Wallace Road to Mitchell Road(MSAS 104) Wallace Road—from Technology Drive to Venture Lane Martin Drive—from Venture Lane to Mitchell Road(CSAH 60) Roberts Drive—from Baker Road(CSAH 60)to Topview Road Topview Road—from Valley View Road(CSAH 39)to Roberts Drive Be, and hereby are established, located, and designated as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. • BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed,improved and maintained as a Municipal State Aid Street of the City of Eden Prairie to be numbered and known as Municipal State Aid Street(MSAS): MSAS 128—Technology Drive MSAS 129—Wallace Road MSAS 130—Martin Drive MSAS 131 —Roberts Drive MSAS 132—Topview Road ADOPTED by the Eden Prairie City Council on January 21,2003. 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Ipo !� o o Y ©o IL o o o m - • a og Tl_= N Y O O W UJ� .1 e 1p NRSSVf-1NV[i0 n 1 m m N3SSVHNVT13 2 A C��U t m I U O W t. 0 2 -� I V O z i o r4 a w c z< x W � ag 1 1 CITY COUNCIL AGENDA DATE: January 21,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5514 ITEM NO.: Engineering Services Approve supplemental pay request from SEH for Randy Newton additional construction services for the Bryant nr. Lake Drive Trail. Requested Action Move to: Approve supplemental pay request from SEH, Inc. for additional construction services for the Bryant Lake Drive Trail. Synopsis The supplemental pay request is a result of several changes and complications that occurred during project construction and the extra construction administration and inspection this required. SEH completed the work during the project construction in order to avoid any unnecessary project delays. Background Information The Bryant Lake Drive Trail project constructed a new trail along Bryant Lake Drive and Shady Oak Road from Willowood Road to Rowland Road. Construction on the project began in June with a majority of the work completed by the end of September. The supplemental pay request is a result of the following significant changes and complications that occurred during project construction: • Extended construction period by the contractor. The wet summer and contractor schedule resulted in approximately two additional months of inspection time. • Re-design during construction due to the existing gas main along the east side of Bryant Lake Drive that conflicted with the placement of several storm sewer crossings. • Negotiation and processing of project change orders. Financial Implications The approved Professional Services Agreement for the TH 212 /Valley View Road Interchange Area Improvements is for $25,420. The supplemental pay request is for an additional $17,015 for a total construction administration and inspection cost of$42,435. Attachments Supplemental pay request. aGI _or Butler Square Building, 100 North 6th Street,Suite 710C,Minneapolis,MN 55403 866.830.3388 612.758.6700 612.758.6701 FAX December 19, 2002 RE: Eden Prairie,Minnesota Bryant Lake Drive Trail and Drainage Improvements SEH No. A-EDENP0205.00 71.00 Mr. Randy Newton,F.E. Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Re: Documentation for Additional Fee for Construction Services Dear Randy: As per our discussion in our meeting on Tuesday, December 17, 2002, we are submitting our reasons for requesting additional fee for services rendered on the Bryant Lake Trail and Drainage Improvement project this past summer. For the sake of our discussion, we have broken down our request into five different reasons. 1. Re-design during construction due to utility conflicts • Storm sewer crossings due to gas main • Ditch grading due to gas main • Subgrade change due to drainage on north end • Slope revisions near Willow Creek 2. Negotiation and processing of project change orders • Saw-cut and removal of concrete pavement • Fence revisions • Changes from seeding to sod • Replacement of trail subgrade on north end • Catch basin casting change • Sod shingling • Additional CMP in ditch near Willow Creek Road 3. Extended construction period by the contractor • Begin construction in June, scheduled for six-week construction duration • Proposal outlined substantial completion by early August • Part-time inspection necessary through September and occasionally in October 30 Randy Newton,P.E. December 19,2002 Page 2 4. Re-work of various project components • Pedestrian ramps • Sod/seed • Re-grading of frequent washouts • Clean-out of storm structures 5. Additional services provided • Topsoil testing • Sprinkler installation • Storm sewer blockage at Willow Creek Road • Driveway reconstruction at same location SEH is requesting a supplemental fee from the City in the amount of$17,014.92 for additional in- construction services provided by SEH during June-October,2002. The original budget of$25,420 was exceeded in three of four phases. The overage computed in the survey phase will be assumed by SEH for errors incurred by the survey crew. The original 16-hour budget for Construction Administration was well over budget by a factor of 3. This was largely due to change orders that were negotiated on the project, such as removal of the concrete pavement beneath the existing bituminous pavement. The Construction Inspection budget was exceeded by approximately100%. This was largely due to a longer project duration than expected. Originally,the contractor identified a six to eight week construction duration,beginning in early June and ending in early August. SEH personnel continued their inspection duties well into early October. If you should need any further information regarding our request, please do not hesitate to contact me at your earliest convenience. We have enjoyed working with the City on the Bryant Lake Trail project and are looking forward to continuing our working relationship on future projects. Thank you for your thoughtful consideration of this request. Sincerely, SHORT E IOTT HENDRICKSON INC. Jason . Sp e,P.E. David C. Halter, P.E. Project Manager Client Service Manager cc: Al Gray, City of Eden Prairie Scott McBride, SEH Minnetonka \'sehmpls\civil\civil\projects\eden prairie\0205.00lsupplemental fee summer 12.19-02.doc -5I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21,2003 DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: Engineering Division Approve Professional Services Agreement with Rodney W.Rue SEH,Inc. for Preliminary Engineering Services _ Eugene A.Dietz for the Re-Construction of Valley View Road near Nine Mile Creek . Requested Action Move to: Approve Professional Services Agreement with SEH, Inc. for preliminary engineering services for the re-construction of Valley View Road near Nine Mile Creek. Synopsis SEH, Inc. has prepared a Professional Services Agreement which outlines the proposed preliminary design services to develop a layout for Valley View Road between Flying Cloud Drive and Golden Triangle Drive. This project is identified as a potential 2004 project and proposed to be funded by the Construction Fund. Background Information This section of Valley View Road is a two-lane rural roadway which contains a sharp curve and a creek (Nine Mile Creek) crossing. Nine Mile Creek will occasionally flood (over top) the . roadway during heavy creek flows. The preliminary engineering work will also review the possibility of re-aligning the Valley View Road/Golden Triangle Drive intersection to better accommodate turning movements at this intersection. This work will be accomplished after the land use study(which is currently underway by Hosington Koegler Group)is complete. Attachments Professional Services Agreement from SEH, Inc. dated January 2,2003. ,504 10901 Red Circle Drive,Suite 200,Minnetonka,MN 55343-9301 952.912.2600 952.912.2601 FAX architecture • engineering • environmental • transportation January 2,2003 RE: City of Eden Prairie Reconstruction of Valley View Road Preparation of Conceptual Plans and a Scoping Level Engineer's Opinion of Probable Cost SEH No.P-EDENP0301.00 10.00 Rod Rue,P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc.®(SEH) appreciates the opportunity to submit this proposal to the City of Eden Prairie (City) for the referenced project. For your convenience, we will divide this proposal into sections titled Understanding of Work, Key Assumptions,Deliverables,and Proposed Fee. Understanding of Work Current and future development and redevelopment in the vicinity of Valley View Road (VVR) between Flying Cloud Drive (FCD) and Golden Triangle Drive (GTD) requires the City to seek recommendations for: • whether or not to realign VVR's intersection with GTD such that VVR becomes the through street, • whether or not the existing two (2) lane rural road section has enough capacity to serve both today's and future traffic that travels along VVR between about 200 feet east of FCD to about 830 feet west of GTD, • possible revisions to VVR's existing horizontal and vertical alignments to achieve a satisfactory fit between what might be both VVR's ultimate road section and intersection geometry at GTD with the surrounding existing topography, • how to detain and treat storm water runoff generated by this project, • what size a replacement culvert might be to better convey Nine Mile Creek (NMC) under VVR, and • whether or not to change the elevation of the low point along VVR at the NMC culvert. The City also needs a: • conceptual layout for intersection,road, and storm sewer improvements, • conceptual road profile, and • scoping level engineer's opinion of probable cost. Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer 33 Rod Rue,P.E. January 2,2003 Page 2 These recommendations, conceptual plan, conceptual profile, and opinion of probable cost will help facilitate discussions among City staff about how this project fits into future City Capital Improvement Plans. A location map for the project is attached to this proposal as Exhibit A. Key Assumptions The following list of assumptions are key for us to successfully complete our work plan. 1. GTD's roadway section operates at a satisfactory level of service. It needs no additional traffic lanes, only a possible realignment at its intersection with VVR. 2. VVD's intersection with FCD operates at a satisfactory level of service. Only slight modifications will be necessary to blend this intersection's existing layout into improvements of VVR's horizontal and vertical alignment. 3. Soil borings, an evaluation of existing geotechnical conditions, and recommendations to improve possible unsatisfactory road subgrade conditions will occur later during the preparation of construction documents. 4. Without an evaluation of existing geotechnical conditions, we will choose a satisfactory minimum typical roadway section from information given in detail drawing R-1 found in the City's Standard Detail Specifications for Construction, Walkways, and Pavement Restoration revised in 1998. 5. The City will provide new turning movement counts at the GTD intersection.Any additional data needs will be provided by others or will be collected by SEH as an additional service. 6. The City (or County) will provide travel demand forecast results (2025 ADT's) and a land use plan from the study currently underway by Hoisington Koegler. Our project traffic forecast will be based upon one land use/density scenario. 7. Based on information collected as part of Key Assumptions 5 and 6, we will choose one (1) satisfactory road section for use along the length of VVR from the options given in detail drawings R-2 through R-8 found in the City's Standard Detail Specifications for Construction, Walkways,and Pavement Restoration revised in 1998. 8. The chosen road section will include a bituminous trail along the south side of VVR between FCD and about 830 feet west of GTD. This will complete the existing trail along the south side of VVR. 9. We will develop one (1) intersection layout where VVR intersects GTD. 10. Recommendations to the horizontal and vertical alignments of VVR shall meet State Aid design criteria at a design speed of 30 miles per hour. 11. We will develop one (1)conceptual horizontal and vertical alignment for the one (1)road section chosen in Key Assumption 7 along the length of VVR. 12. Based on VVR's conceptual horizontal and vertical road alignment, we will estimate the height and length of one(1) set of conceptual retaining wall profiles along the length of VVR. 13. Private utilities will relocate their facilities away from recommended improvement alignments within the project area. 3y Rod Rue,P.E. January 2,2003 Page 3 14. During a meeting we will have with the NMC Watershed District (District), their staff can give us a replacement culvert size that can better convey the flow of NMC beneath VVR and, if necessary, give us a different low point elevation for VVR at this culvert. 15. During the same meeting with District staff mentioned in Key Assumption 14, they can tell us whether or not sufficient volume is available in nearby detention/treatment ponds to store and treat storm water runoff from this project. 16. If the District tells us there is insufficient volume available in nearby detention/treatment ponds, we will use "rule of thumb" guidelines to both estimate the necessary pond surface area to treat storm water runoff and a nominal amount of freeboard above that pond's surface to store runoff. 17. We will develop a schematic storm sewer pipe network utilizing "rule of thumb" guidelines for catch basin spacing. Furthermore, rather than prepare detail storm water runoff volume computations, we will increase the size of trunk storm sewer pipes to the next larger standard diameter at each sump manhole or catch basin until reaching an outflow structure. 18. We will not use storm sewer pipe in the project that is less than twelve(12)inches in diameter. 19. The existing sanitary sewer and.watermain within the limits of the project do not need repair or replacement with this project. 20. We will tie together the ends of the existing watermain along VVR about 150 feet east and 840 feet west of FCD and GTD respectively. 21. We will identify and quantify, but not describe or assign a cost to, the location and amount of land acquisition required along the project. 22. To offer an opinion of probable cost, modular block retaining walls are adequate for existing subgrade soil conditions within the project. • 23. We can assign appropriate levels of contingency within the opinion of probable cost for both the removal and replacement of unsuitable soils and possible dewatering operations within the limits of utility or roadway excavations. Deliverables We will deliver items listed below to the City. 1. Two (2) color copies of the conceptual layout for the entire project area at a scale of 1"=50'. The layout will contain: • as a basis for the topographic base map, Mr. Sids aerial survey files enhanced with data collected during the route survey by total station methods, • our opinion of the location of existing right of way and property lines, • our opinion of the location of private utilities, • the location of recommended horizontal road centerline alignments for VVR and affected portions of GTD and FCD, • the location of recommended back of curb, edge of pavement, retaining wall, and edge of bituminous trail improvements, • both a reconstruction limit and"draft"wetland delineation line,and • the schematic alignment of the storm sewer system and watermain extension. 35 Rod Rue,P.E. January 2,2003 Page 4 2. Two (2) copies of the conceptual road profile for VVR and affected portions of GTD and FCD plotted separately from the conceptual layout plan. 3. Two(2)copies of the engineer's opinion of probable cost. 4. Two (2) copies of a one (1)page technical memo that outlines the recommendations developed during our traffic engineering effort. 5. Two(2)copies of a one(1)page technical memo that outlines recommendations for: • how to detain and treat storm water runoff generated by this project, • the size of a replacement culvert to better convey Nine Mile Creek(NMC)under VVR,and • what elevation to give the low point of VVR at the NMC culvert. Proposed Fee In order to satisfy the City's expectations,and based on our current billing rates and expenses,we estimate our not-to-exceed fee for this project to be$51,439.Billing for our services will be on an hourly basis.We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's General Conditions Consultant Agreement.A copy of this document is included in Exhibit B. This letter proposal represents the entire understanding between the City and us with regards to the Project.If this proposal is acceptable,please sign in the space provided below and return one signed copy to this office.The signed copy will serve as the accepted proposal and authorization to proceed. We look forward to our involvement in this project. If you have any questions, please feel free to contact me at 952.912.2611 or ppasko@sehinc.com at your earliest convenience. Sincerely, SHORT ELLIOTT HENDRICKSON INC. .�� Paul J. asko III,P.E. Project Manager Accepted this day of ,2003 By the City of Eden Prairie Nancy Tyra-Lukens,Mayor Scott Neal, City Manager Enclosures(Exhibits A and B) c: Dave Halter, SEH Mike Kotila, SEH Alan Horge, SEH Deric Deuschle, SEH hAcivihprojects\eden prairie\denp0301.001proposahl 2 03 praposal.doc .36 PROJECT LOCATION gory° Ogg 2 , % 9 ' 9 o -> ._ ;yy•. - _ NDA/CLEAN y M Z ` i ,.. .. /NOUSTR/AL 400 :( ) DW .. ''�`b �` ! ADON fTN ------_-- 111. d4'/L$ N . { NOR�CYAN INDUSTRIAL ‘*OJs����O� RIDGE ;r PARK 5TH ADDH /�� y o 74TH STREET WEST O`V © �A$� a MoI.oeYAopd TECHNOLOGY' 9 oO� Z CO foo ! F 4, © w PARK TM Q®DR7 0 NICNNx011/ABM' « �W ADMQ^ Q 7 ! Cg 4. Q g 1 1O&r n N 0 _ 250 0 250 500 !cdt 125 Iset • 5005C FILE NO. ;,�SEFI PEDENP0301.00 RECONSTRUCTION OF EXHIBIT PHONE(614 912-2500 DATE: VALLEY VIEW ROAD A 10901 RED CIRCLE DRIVE,SUITE 200 MINNEfDNK/4 MN 5534313100 115023 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions ofthe site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by ,City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work, 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant, in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Exhibit B Consultant Agreement December 2000 Page 1 of4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LINIITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney • negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10)days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions Exhibit B Consultant Agreement December 2000 Page 2 of 4 39 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. • provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 ConsuItant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work, and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. 'City of Eden Prairie General Conditions Exhibit B Consultant Agreement December 2000 Page 3 of 4 y0 SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color, creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City, the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a fmancial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No fmal payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Exhibit B Consultant Agreement December 2000 Page 4 of 4 { I CITY COUNCIL. AGENDA DATE: SECTION: Consent Calendar January 15,2002 DEPARTMENT/DIVISION• ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Prescribing The Fonn And Don Uram, Director Details And Providing For The Payment Of _ $1,445,000 General Obligation Refunding V I , _ , Bonds, Series 2003C Requested Action: Move to: Adopt Resolution Relating To $1,445,000 General Obligation Refunding Bonds (Refunding of 1994A Bonds), Series 2003C. Synopsis: The proceeds of the Bonds will be used to refund on February 1, 2004, the 2005 through 2014 maturities, aggregating$1,390,000 in principal amount, of the$1,950,000 General Obligation Open Space Bonds, Series 1994A, dated August 1, 1994. The average outstanding coupon rate for the bonds to be refunded is 5.9733%. The average coupon on the new bonds is estimated to be 3.417%. Total projected savings is $150,011.33 with a net present value debt service savings of$136,148.60. A detailed analysis of the refunding is included. Attachments: Resolution Refunding Analysis ya, Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember • CITY OF EDEN PRAIRIRF HENNEPIN COUNTY,MINNESOTA RESOLUTION 2003- RESOLUTION PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$1,445,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003C BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interests of the City to issue its General Obligation Refunding Bonds, Series 2003C (the Bonds) in the approximate principal amount of$1,445,000, subject to adjustment in accordance with the Terms of Proposal. The Issuer believes that a substantial debt service savings can be achieved by the issuance and sale of the Bonds. The proceeds of the Bonds will be used,together with funds on hand as may be required,to refund on February 1, 2004,the 2005 through 2014 maturities, aggregating$1,390,000 in principal amount, of the$1,950,000 General Obligation Open Space Bonds, Series 1994A, dated August 1, 1994(the Refunded Bonds). 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the Issuer by Northland Securities, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price,interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of of and associates (the Purchaser). In accordance with the Terms of Proposal, it is hereby determined to issue the Bonds in the principal amount of $1,445,000 at a price of$ plus accrued interest, and upon the further terms and conditions set forth herein. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. 1.04. Savings. It is hereby determined that: (a) by the issuance of the Bonds the Issuer will realize a substantial interest rate reduction, a gross savings of approximately$ and a present value savings `-13 (using the yield on the Bonds,computed in accordance with Section 148 of the Internal Revenue Code of 1986, as amended(the Code), as the discount factor) of approximately $ ; and (b) as of February 1,2004 (the Crossover Date),the sum of(i)the present value of the debt service on the Bonds,computed to their stated maturity dates, after deducting any premium,using the yield of the Bonds as the discount rate,plus (ii) any expenses of the refunding payable from a source other than the proceeds of the Bonds or investment earnings thereon,is lower by % (not less than 3%)than the present value of the debt service on the Refunded Bonds, computed to their stated maturity dates,using the yield of the Bonds as the discount rate. Section 2. Bond Terms; Registration; Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be performed precedent to and in the valid issuance of the Bonds having been done,now existing, having happened and having been performed,it is now necessary for the City Council to establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Bonds shall be originally dated as of February 1,2003, shall be in denominations of$5,000 or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2005 $ % 2010 $ 2006 2011 2007 2012 2008 2013 2009 2014 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] For the purpose of complying with the provisions of Minnesota Statutes, Section 475.54, subdivision 1,the maturities of the Bonds shall be combined with the non-refunded maturities of the Refunded Bonds. The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond,the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein;provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof,in accordance with Section 2.08 hereof,principal and interest shall be payable in accordance with the operational arrangements of the securities depository. yy 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on February 1 and August 1, commencing August 1, 2003,to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month,whether or not such day is a business day. 2.04. Redemption. Bonds maturing in 2011 and later years shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part,in such order as the Issuer shall determine and within a maturity by lot as selected by the Registrar(or, if applicable, by the bond depository in accordance with its customary procedures)in multiples of$5,000, on February 1,2010, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Clerk shall cause notice of the call for redemption thereof to be published as required by law and, at least thirty days prior to the designated redemption date, shall cause notice of the call for redemption to be mailed,by first class mail,to the registered owners of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure;provided that notice shall be given to any securities depository in accordance with its operational arrangements. Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified, and from and after such date(unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1,20 and 20 (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date,without premium. The Registrar shall select for redemption,by lot or other manner deemed fair,on February 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining$ stated principal amount of such Bonds shall be paid at maturity on February 1, 20 Year Principal Amount � y5 The remaining$ stated principal amount of such Bonds shall be paid at maturity on February 1, 20 Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment of Initial Registrar. The Issuer hereby appoints ,in Minnesota, as the initial bond registrar,transfer agent and paying agent(the Registrar). The Mayor and the Manager are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation,if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty(30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar,duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal,in good faith,to make transfers which it,in its judgment,deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not,for the purpose of receiving payment of or on account of,the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes,Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated,Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and,in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it,in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the Manager and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated,the Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner"shall mean,whenever used with respect to a Bond,the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede&Co."shall mean Cede&Co.,the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC"shall mean The Depository Trust Company of New York,New York. "Participant"shall mean any broker-dealer,bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter"shall mean the Representation Letter pursuant to which the Issuer agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance,the ownership of such Bonds shall be registered in the bond register in the name of Cede&Co., as nominee of DTC. The Registrar and the Issuer may treat DTC (or its nominee)as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed,if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution,registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any Participant,with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds,with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution,with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede&Co., as nominee of DTC,the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede&Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and interest on the Bonds to the 8 extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede &Co.,the Bonds will be transferable to such new nominee in accordance with paragraph(e)hereof. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates,the Issuer may notify DTC and the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph(e)hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co.,its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including,without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF EDEN PRAIRIE GENERAL OBLIGATION REFUNDING BOND, SERIES 2003C Interest Rate Maturity Date Date of Original Issue CUSIP No. February 1,20_ February 1, 2003 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS The City of Eden Prairie, County of Hennepin, State of Minnesota(the Issuer) acknowledges itself to be indebted and for value received hereby promises to pay the principal amount specified above on the maturity date specified above,with interest thereon from the date hereof at the annual rate specified above,payable on February 1 and August 1 in each year, commencing August 1,2003,to the person in whose name this Bond is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond prior to its stated maturity. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by , in ,Minnesota, as Bond Registrar and Paying Agent, or its designated successor under the Resolution described herein(the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of$1,445,000 issued pursuant to a resolution adopted by the City Council on January 21, 2003 (the Resolution),to provide funds to refund certain outstanding general obligation Bonds of the Issuer and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of$5,000 or any integral multiple thereof, of single maturities. Bonds having stated maturity dates in 2011 and later years are each subject to redemption and prepayment at the option of the Issuer,in whole or in part, in such order as the Issuer shall determine and,within a maturity,by lot as selected by the Registrar(or, if applicable,by the bond depository in accordance with its customary procedures)in multiples of$5,000, on February 1, 2010, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The Issuer will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date,will cause notice of the call thereof to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository)to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified, and from and after such date(unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the year 20 and 20 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to 1,19 the redemption date,without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede& Co., as nominee of The Depository Trust Company,or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede&Co. or other nominee in accordalice with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the Issuer. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms,have been done, do exist, have happened and have been performed as so required; that the Bonds are payable from a separate debt redemption fund of the Issuer and from certain investment earnings on the proceeds of the Bonds and ad valorem taxes on all taxable property in the Issuer,which will be collectible in the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due and that the Issuer has appropriated such investment earnings and taxes to its General Obligation Refunding Bonds, Series 2003C Bond Fund for the payment of such principal and interest; that if necessary for 1 50 payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the Issuer,without limitation as to rate or amount;that the issuance of this Bond,together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery,does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full,true and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds, dated as of the date of original issuance and delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF,the Issuer,by its City Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and Manager and has caused this Bond to be dated as of the date set forth below. CITY OF EDEN PRAIRIE,MINNESOTA (facsimile signature Manager) (facsimile signature Mayor) CERTIFICATE OF AUTHENTICATION Dated This is one of the Bonds delivered pursuant to the Resolution mentioned within. , as Registrar By Authorized Representative [Insert Legal Opinion] The following abbreviations,when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM-as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT-as tenants by the entireties under Uniform Transfers to Minors Act . .. (State) JT TEN--as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. Vsl ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [End of the Bond form] Section 3. Use of Proceeds. Upon payment for the Bonds by the Purchaser,the Finance Director shall deposit and apply the proceeds of the Bonds as follows: (a) $ shall be deposited in escrow with in ,Minnesota(the Escrow Agent), a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than$500,000, the funds so deposited,together with funds of the Issuer in such amount as may be required, to be invested in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8,maturing on such dates and bearing interest at such rates as are required to provide funds sufficient,with cash retained in the escrow account, to pay all interest to become due on the Refunding Bonds to and including the Crossover Date and to pay and redeem the outstanding principal of the Refunded Bonds on the Crossover Date; (b) $ shall be used to pay issuance expenses of the Bonds; and(c) $ shall be deposited in the Bond Fund created pursuant to Section 4.01 hereof. The Mayor and Manager are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. Section 4. Bond Fund and Tax Levy. 4.01. General Obligation Refunding Bonds, Series 2003C Bond Fund. The Bonds shall be payable from a separate General Obligation Refunding Bonds,Series 2003C Bond Fund(the Bond Fund)which shall be created and maintained on the books of the Issuer as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. There shall be credited to the Bond Fund(i)all receipts of principal and interest on the investments held in the escrow account established in Section 3 to and including the Crossover Date(other than the sum of$1,390,000 received from maturing investments on the Crossover Date to be used to retire the Refunded Bonds); (ii) all amounts on deposit in the Bond Fund maintained for the payment of the Refunded Bonds upon the retirement of the Refunded Bonds; (iii) any ad valorem taxes collected in accordance with the provisions of Section 4.02 hereof; and(iv)any other funds appropriated by the City Council for the payment of the Bonds. There are hereby established two accounts in the Bond Fund,designated as the Debt Service Account and the Surplus Account. During each Bond Year(i.e., each twelve- month period commencing on February 2 and ending on the following February 1), as monies are received into the Bond Fund,the Finance Director shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due,the Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom,the payment shall be made from any fund of the Issuer which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 4.02. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due,the Issuer hereby irrevocably pledges its full faith,credit and unlimited taxing powers. In order to produce aggregate amounts which,together with the collections of other amounts as set forth in Section 4.01,will produce amounts not less than 5%in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes will be levied and collected in the following years and amounts: Levy Years Collection Years Amount 2003-2012 2004-2013 (see attached levy computation) Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms,by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full,provided that notice of redemption thereof has been duly given as provided in Section 2.04. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow,with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Section 6. Tax Covenants; Arbitrage Matters and Continuing Disclosure. 6.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. 6.02. Certification. The Mayor and Finance Director being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be"arbitrage bonds"within the meaning of the Code and Regulations. 6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes. 1� sy 6.04. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934(17 C.F.R. §240.15c2-12),relating to continuing disclosure(as in effect and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds,the Issuer hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The Issuer is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The Issuer has complied in all material respects with any undertaking previously entered into by it under the Rule. Tithe Issuer fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means,in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which(i)has the power, directly or indirectly,to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the Issuer,the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the Issuer, commencing with the fiscal year ending December 31, 2003,the following financial information and operating data in respect of the Issuer(the Disclosure Information): (A) the audited financial statements of the Issuer for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the Issuer, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the Issuer,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the Issuer; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof,the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Issuer Property Values; Issuer Indebtedness; and Issuer Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the Issuer shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and,within 10 days after the receipt thereof, the Issuer shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection(c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the Issuer have materially changed or been discontinued, such Disclosure Information need no longer be provided if the Issuer includes in the Disclosure Information a statement to such effect;provided,however, if such operations have been replaced by other Issuer operations in respect of which data is not included in the Disclosure Information and the Issuer determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2) hereof), then, from and after such determination,the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1) or subsection(d), then the Issuer shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner,notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; • and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or, if not disclosed,would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase,holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner,notice of the occurrence of any of the following events or conditions: (A) the failure of the Issuer to provide the Disclosure Information required under paragraph(b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the Issuer under subsection(d)(2); (C) the termination of the obligations of the Issuer under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the Issuer. (c) Manner of Disclosure. The Issuer agrees to make available the information described in subsection(b)to the following entities by telecopy, overnight delivery,mail or other means, as appropriate: (1) the information described in paragraph(1) of subsection(b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and(3) of subsection(b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection(b),to any rating agency then maintaining a rating of the Bonds at the request of the Issuer and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. 5� (d) Term; Amendments; Interpretation. (1) The covenants of the Issuer in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence,however, the obligations of the Issuer under this section shall terminate and be without further effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings,the failure of the Issuer to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the Issuer from time to time, without notice to (except as provided in paragraph(c)(3)hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the Issuer accompanied by an opinion of Bond Counsel,who may rely on certificates of the Issuer and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity,nature or status of the Issuer or the type of operations conducted by the Issuer, or(b)is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended,the Issuer agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 7. Certification of Proceedings and Redemption of Refunded Bonds. 7.01. Registration of Bonds. The Finance Director is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County �5g and obtain a certificate that the Bonds have been duly entered upon the County Auditor's bond register and the tax required by law has been levied. 7.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP,Bond Counsel,certified copies of all proceedings and records relating to the Bonds and such other affidavits,certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates,including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. 7.03. Official Statement. The Official Statement relating to the Bonds, dated January_,2003,prepared and distributed by Northland Securities,Inc.,the financial consultant for the Issuer,is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price,the interest rates, selling compensation, delivery date,the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 7.04. Redemption of Refunded Bonds. The Finance Director is hereby directed to advise Wells Fargo Bank Minnesota,N.A.,in Minneapolis,Minnesota, as successor to Norwest Bank Minnesota,N.A.,Minneapolis,Minnesota,paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on their earliest permissible redemption date(February 1, 2004) and to give notice of redemption in accordance with the resolution authorizing issuance of the Refunded Bonds. ADOPTED by the City Council of the City of Eden Prairie on this 21st day of January, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk � 1 Scenario 2-Max Avg.Maturity CITY OF EDEN PRAIRIE,MINNESOTA GENERAL OBLIGATION REFUNDING BONDS,SERIES 2003C PARAMOUNT= 51,445,000 APPLICATION OF FUNDS 1 ANNUAL DEBT SERVICE Feb-1 DEBT Cost of Escrow Securities 1,416,855.0( YEAR PRINCIPAL RATE INTEREST SERVICE Begining Escrow Cash 0.8! 2003 22,617.50 22,617.50 2004 45,235.00 45,235.00 Underwriter's Disc. 0.700% 10,115.0( 2005 95,000 1.50% 44,522.50 139,522.50 Bond Counsel 3,500.0( 2006 110,000 1.90% 42,765.00 152,765.00 Bond Printing(GBE) -0- 2007 115,000 2.30% 40,397.50 155,397.50 P Agent/Registrar(Initial) 625.0( 2008 125,000 2.70% 37,387.50 162,387.50 Escrow Agent(Prepaid) 1,050.0( 2009 135,000 3.00% 33,675.00 168,675.00 Escrow Verification(CPA) 2,000.0( 2010 150,000 3.30% 29,175.00 179,175.00 Financial Advisor 11,000.0( 2011 165,000 3.50% 23,812.50 188,812.50 Rating Agency Fee -0- 2012 170,000 3.70% 17,780.00 187,780.00 2013 185,000 3.80% 11,120.00 196,120.00 2014 195,000 3.90% 3,802.50 198,802.50 Less Accrued Interest (1,382.1 E Cash(From)To City 1,236.32 TOTAL-PAR AMOUNT 1,445,000.0( OTAL 1,445,000 352,290.00 1,797,290.00 DEBT REDUCTION SUMMARY THE NEW THE OLD Old Debt Service* 1,900,830.0( BONDS BONDS New Debt Service* 1,752,055.0( DATED DATE 2/1/2003 GROSS REDUCTION 148,775.0( EST.CLOSING DATE 2/12/2003 Cash(From)To Issuer 1,236.33 1ST/NEXT INTEREST DATE 8/1/2003 8/1/2003 NET REDUCTION 150,011.33 1ST MATURITY 2/1/2005 CALL DATE TBD 2/1/2004 PRESENT VALUE SUMMARY CALL PRICE TBD 100.0( Old Debt Service* 1,583,673.2C LAST MATURITY 2/1/2014 2/1/2014 New Debt Service* 1,448,760.93 ORIGINAL PAR AMOUNT 1,950,000 GROSS PV REDUCTION 134,912.27 CALLABLE AT CALL DATE 1,390,000 Cash(From)To Issuer 1,236.33 AVE COUPON RATE 3.4170% 5.9733% NET PV REDUCTION 136,148.60 NET EFFECTIVE RATE 3.5151% %OF OLD SERVICE PV 8.60°, AVE MATURITY(YRS) 7.1349 7.1367f *For Debt Service Payable After The Call MINIMUM BID 1,434,885.00 Date Of The Old Bond Issue. PUBLIC OFFERING PRICE 100.000 YIELD ON THE BONDS 3.3960025% PAUL DONNA BOND YEARS 10,310.00 NORTHLAND SECURITIES,INC. SLUG DATES 45-South 7th St.,Suite 2500 Prior Maturity Date 2/1/2003 Minneapolis,MN 55402 Settlement Date 2/12/2003 800-851-2920 First Maturity Date 8/1/2003 Second Maturity Date 2/1/2004 2003C Crossover Refunding-competitive Page 1 1/13/2003 Scenario 2-Max Avg.Maturity CITY OF EDEN PRAIRIE,MINNESOTA GENERAL OBLIGATION REFUNDING BONDS,SERIES 2003C SEMI ANNUAL PAYMENT SCHEDULES $1,950,000 GO OPEN SPACE BONDS,SERIES 1994A THE NEW BONDS THE OLD BONDS DATE PRINCIPAL RATE INTEREST TOTAL PRINCIPAL RATE INTEREST TOTAL 8/1/03 22,617.50 22,617.50 40,861.25 40,861.25 2/1/04 22,617.50 22,617.50 40,861.25 40,861.25 8/1/04 22,617.50 22,617.50 40,861.25 40,861.25 2/1/05 95,000 1.50% 22,617.50 117,617.50 95,000 5.40% 40,861.25 135,861.25 8/1/05 21,905.00 21,905.00 38,296.25 38,296.25 2/1/06 110,000 1.90% 21,905.00 131,905.00 105,000 5.50% 38,296.25 143,296.25 8/1/06 20,860.00 20,860.00 35,408.75 35,408.75 2/1/07 115,000 2.30% 20,860.00 135,860.00 110,000 5.60% 35,408.75 145,408.75 8/1/07 19,537.50 19,537.50 32,328.75 32,328.75 2/1/08 125,000 2.70% 19,537.50 144,537.50 120,000 5.70% 32,328.75 152,328.75 8/1/08 17,850.00 17,850.00 28,908.75 28,908.75 2/1/09 135,000 3.00% 17,850.00 152,850.00 130,000 5.80% 28,908.75 158,908.75 8/1/09 15,825.00 15,825.00 25,138.75 25,138.75 2/1/10 150,000 3.30% 15,825.00 165,825.00 140,000 5.95% 25,138.75 165,138.75 8/1/10 13,350.00 13,350.00 20,973.75 20,973.75 2/1/11 165,000 3.50% 13,350.00 178,350.00 155,000 6.00% 20,973.75 175,973.75 8/1/11 10,462.50 10,462.50 16,323.75 16,323.75 2/1/12 170,000 3.70% 10,462.50 180,462.50 165,000 6.05% 16,323.75 181,323.75 8/1/12 7,317.50 7,317.50 11,332.50 11,332.50 2/1/13 185,000 3.80% 7,317.50 192,317.50 180,000 6.10% 11,332.50 191,332.50 8/1/13 3,802.50 3,802.50 5,842.50 .5,842.50 2/1/14 195,000 3.90% 3,802.50 198,802.50 190,000 6.15% 5,842.50 195,842.50 • TOTALS 1,445,000 352,290.00 1,797,290.00 1,390,000 592,552.50 1,982,552.50 2003C Crossover Refunding-Competitive Page 2 1/13/2003 61 Scenario 2-Max Avg.Maturity CITY OF EDEN PRAIRIE,MINNESOTA GENERAL OBLIGATION REFUNDING BONDS,SERIES 2003C COMPARISON SCHEDULES-TOTAL DEBT SERVICE AND ITS PRESENT VALUE DEBT SERVICE------ PRESENT VALUE OLD NEW DECREASE OLD NEW DECREASE BOND BOND (INCREASE) CUMULATIVE ISSUE @ ISSUE @ (INCREASE) ISSUE ISSUE FOR THE DECREASE 3.3960% 3.3960% FOR THE DATE (Page 2) (Page 2) PERIOD (INCREASE) 2/1/2004 2/1/2004 PERIOD 8/1/03 2/1/04 8/1/04 40,861.25 22,617.50 18,243.75 18,243.75 40,179.01 22,239.87 17,939.14 2/1/05 135,861.25 117,617.50 18,243.75 36,487.50 131,362.31 113,722.69 17,639.62 8/1/05 38,296.25 21,905.00 16,391.25 52,878.75 36,409.86 20,826.01 15,583.85 2/1/06 143,296.25 131,905.00 11,391.25 64,270.00 133,963.09 123,313.77 10,649.32 8/1/06 35,408.75 20,860.00 14,548.75 78,818.75 32,549.81 19,175.74 13,374.07 2/1/07 145,408.75 135,860.00 9,548.75 88,367.50 131,436.52 122,805.30 8,631.22 8/1/07 32,328.75 19,537.50 12,791.25 101,158.75 28,734.39 17,365.29 11,369.10 2/1/08 152,328.75 144,537.50 7,791.25 108,950.00 133,132.03 126,322.64 6,809.39 8/1/08 28,908.75 17,850.00 11,058.75 120,008.75 24,843.77 15,340.04 9,503.73 2/1/09 158,908.75 152,850.00 6,058.75 126,067.50 134,283.80 129,163.94 5,119.86 8/1/09 25,138.75 15,825.00 9,313.75 135,381.25 20,888.49 13,149.44 7,739.05 2/1/10 165,138.75 165,825.00 (686.25) 134,695.00 134,927.35 135,488.05 (560.70) 8/1/10 20,973.75 13,350.00 7,623.75 142,318.75 16,850.57 10,725.56 6,125.01 2/1/11 175,973.75 178,350.00 (2,376.25) 139,942.50 139,018.96 140,896.20 (1,877.24) 8/1/11 16,323.75 10,462.50 5,861.25 145,803.75 12,680.42 8,127.35 4,553.07 2/1/12 181,323.75 180,462.50 861.25 146,665.00 138,501.99 137,844.13 657.86 8/1/12 11,332.50 7,317.50 4,015.00 150,680.00 8,511.67 5,496.06 3,015.61 2/1/13 191,332.50 192,317.50 (985.00) 149,695.00 141,307.51 142,034.97 (727.46) 8/1/13 5,842.50 3,802.50 2,040.00 151,735.00 4,242.90 2,761.43 1,481.47 2/1/14 195,842.50 198,802.50 (2,960.00) 148,775.00 139,848.75 141,962.45 (2,113.70) TOTALS 1,900,830.00 1,752,055.00 148,775.00 1,583,673.20 1,448,760.93 134,912.27 2003C Crossover Refunding-Competitive Page 3 1/13/2003 (a Scenario 2-Max Avg.Maturity CITY OF EDEN PRAIRIE,MINNESOTA Neg.Arb.= (24,884.18) GENERAL OBLIGATION REFUNDING BONDS,SERIES 2003C (4.59) ESCROW CASH FLOW MAX YIELD= 3.3960025% SLUG YIELD= 1.3452310% A B C D E F G H 5 DEBT ESCROW PRESENT "SLUG" TOTAL SERVICE BALANCE VALUE OF DATE PRINCIPAL RATE INTEREST RECEIVED PAYMENT 0.85 COLUMN E 8/1/03 22,495 1.17% 122.58 22,617.58 (22,617.50) 0.93 22,475.67 2/1/04 1,394,360 1.35% 18,256.57 1,412,616.57 (1,412,617.50) (0.00) 1,394,374.74 TOTALS 1,416,855 18,379.15 1,435,234.15 (1,435,235.00) 1,416,850.41 2003C Crossover Refunding-Competitive Page 4 1/13/2003 �3 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 15,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Resolution Relating to Financing of Certain Management and Budget Proposed Projects to Be Undertaken by the City of Eden Prairie: Establishing Compliance with VII ,.T Don Uram Reimbursement Bond Regulations under the Internal Revenue Code Requested Action Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Background IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution,the City is declaring their intent to issue bonds to complete the construction of street and utility improvements to serve the Charlson area including Hennepin Village. The reimbursement resolution indicates the maximum amount of bonds expected to be issued for the project is$7 million. The Council can issue any amount of bonds less than this amount. Attachments Resolution 61] CITY OF EDEN PRAIRIE H J NNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the"Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project (b) Other than(i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations,the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof,there are no City funds reserved,pledged, allocated on a long term basis or otherwise set aside(or reasonably expected to be reserved,pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the"reimbursement allocations"described in the Regulations,being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects.Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council of the City of Eden Prairie on this 21st day of January, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent January 21,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Scott Neal Rolling Hills Amended Project Management Y 1 I \ , David Lindahl Agreement Requested Action • Move to: ■ Adopt Resolution authorizing the amendment to the Project Management Agreement for Rolling Hills Senior housing development. Synopsis The Project Management Agreement outlines the obligations of the developer relating to rent restrictions and various other terms. The amendment includes a revised legal description for a lot combination approved by the City in October 2002. Background The project was approved by the City Council October 3, 2000 and is located at the southeast corner of Prairie Center Drive and Rolling Hills Road. It includes a three story senior building with 142 assisted, independent,and memory care units,and a skilled nursing facility.The project originally included two lots— one for the senior building and the other for a small office building. The office was changed to a skilled nursing facility that is now attached to the senior housing building Attachments Resolution (0-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO._-03 RESOLUTION AUTHORIZING AMENDMENT OF PROJECT MANAGEMENT AGREEMENT BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota (the "City") as follows: WHEREAS, the City and Developer are parties to that certain Project Management Agreement ("Agreement") dated June 5, 2001 concerning certain real property in Eden Prairie, Minnesota on which the Developer proposes to construct a 142-unit facility for the care of the elderly consisting of independent living units, assisted care units and Alzheimer's/dementia care beds (the"Project"); and WHEREAS,the Developer and City desire to add additional property to the Project; and WHEREAS, the Developer and City deem it necessary and desirable to amend the Agreement as provided for in the attached First Amendment to Project Management Agreement. NOW THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that: The First Amendment to Project Management Agreement is hereby approved. The Mayor and City Manager are hereby authorized to execute the First Amendment to Project Management Agreement and such subordination agreements and other recordable instruments as maybe necessary to carry out the purposes of the Project Management Agreement as amended. ADOPTED by the Eden Prairie City Council on January_, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk FIRST AMENDMENT TO PROJECT MANAGEMENT AGREEMENT This First Amendment is made as of this day of January, 2003, by and between the City of Eden Prairie ("City"), a public body corporate and politic under the laws of the State of Minnesota, and SE Rolling Hills, LLC, a Delaware limited liability company("Developer"). WHEREAS, the City and Developer are parties to that certain Project Management Agreement ("Agreement") dated June 5, 2001, concerning certain real property in Eden Prairie, Minnesota on which Developer is to construct within the TIE District, a 142-unit facility for the care of the elderly, consisting of independent living units, assisted care units, and Alzheimer/Dementia care beds (the"Project"); and WHEREAS,the parties desire to add additional property to the Project; and WHEREAS, the parties desire to amend the Project Management Agreement as more specifically set forth herein. NOW,THEREFORE,the Project Management Agreement is amended as follows: 1. Exhibit A of the Agreement, entitled "Legal Description of the Project Property," is hereby amended in its entirety and replaced with the following: Lots 1 and 2, Block 1, Rolling Hills Subdivision, Hennepin County,Minnesota. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. SE ROLLING HILLS,LLC By: Its: (9 By: Its: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens,Mayor By: Scott Neal, City Manager STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003, by , the , and the of Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota partnership, on behalf of the partnership Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2003, by Nancy Tyra-Lukens, Mayor, and Scott Neal, City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public ep\rolling hills\first amendment to pma -70 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 03-01 ITEM NO.: Engineering Services Vacation of Drainage and Utility Easement 3\ Dave Olson over part of Lot 4,Block 1,Hartford Commons A . Eugene A. Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution Synopsis The property owner has requested the vacation of the drainage and utility easement identified on the attached drawing, to facilitate the construction of townhouse units. Building location adjustments have resulted in the need for this request. The area requested for vacation does not contain any public utilities and will not adversely affect access to the public utilities in place. Attachments Resolutions Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VCATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF LOT 4,BLOCK 1,HARTFORD COMMONS WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: That part of the Drainage and Utility Easement lying on Lot 4, Block 1, Hartford Commons, according to the recorded plat thereof, Hennepin County, Minnesota, lying 2.00 feet southeasterly of the following described line: Commencing at the most southerly corner of said Lot 4; thence North 39 degrees 13 minutes 32 seconds West, assuming the southeasterly line of said Lot 4 bears North 28 degrees 11 minutes 26 seconds East, a distance of 12.46 feet, to the point of beginning of said line; thence North 28 degrees 11 minutes 26 seconds East, parallel with said southeasterly line of said Lot 4, a distance of 106.00 feet and there terminating. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 21,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk 0 no first ° `8u V Z\ / 0[,y91 \ \ d S[ ��'• .0Zo6ZN ` \ 99 g11 61£S[ ,, \ t^p o I 3 g oto �00 S4' ——— \� `• \ \ ' I' \ by9f �\ as - \ o0 / \ • Y 00 , \ \ .. \ • 3Zpt / \ \ +01£[ . 0-,'S1.OZ r/ n / 3 DY G2 9'a i'l%•'` I sy z13Nl)'47bat 9•ate\ 27 b / N os `o'4j h ,, M 91 y ss's�1'�Sb3'71n 07 — _ l ta%1� '� /~ 0ON 3 9t 1[08 N \ o' / ' b�. N lly 9p9 M,Zf£[9Yp/ /$ / /'+0,:,4 ...... 3 03 db Zlfr, o6£N ;_ n /3 2/ `p 1 i r -,t•-,il d o/ v /1 / I •3 h .92*[.7 • --_ N ~/ b /b b r h/b f£< o s 3/ / ory .h / 4_ f D /I/ / / �'tir6;r`O / .9t1°QtN SLY / .1f � 6,,..e.9 \\ I M e S•£•0e ► is it \I z o 0 II v ° '� W O L. L O O O C, 0 in 11.) Z .�; o •-. w :2) -0 �'` i � o0 ° � O10 .4.' . )— Ill 2) jaZvl II c Q 0 - coN- o () a) Q V -0 y av o o x; o Coyf -0 )o N O m Q.) r` vO(0 O O O o Fv �' ° N �' ync Q N o L a Q c ° a i co L(13 z e-+o o 15 L O L. o � U ° -oc °' �° a°� .cco � °' 00 ,., - c r, Q o L .co oca- � 3o _ co u,c 0, .., ., Ev „ ° `- v z 0 , • N 43 0 O ° ^ 0 O p o � ZZ •o o cti" y o al' cb t'~ -° o co 3 QQ) ao � ,o ° °' � v°'io •c � oo c3 Co _ c c Lp U 3 .:3 .0 O •C L 0 a Q v y o o v E •0 c v 0, O,.c " N QW 1°u � . N10 c.) ° •0 ° N � •0O -0 = � 0 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 03-02 ITEM NO.: Engineering Services Vacation of Drainage and Utility Easement —f-�p' $ ' Dave Olson over part of Lot 2,Block 2,Hartford Commons !!�� Eugene A.Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution Synopsis The property owner has requested the vacation of the drainage and utility easement identified on the attached drawing, to facilitate the construction of townhouse units. Building location adjustments have resulted in the need for this request. The area requested for vacation does not contain any public utilities and will not adversely affect access to the public utilities in place. Attachments Resolution Vacation Drawings 7L) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VCATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF LOT 2,BLOCK 2,HARTFORD COMMONS WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: • • That part of the Drainage and Utility Easement lying on Lot 2, Block 2, Hartford Commons, according to the recorded plat thereof, Hennepin County, Minnesota, lying 1.50 feet southeasterly of the following described line: Commencing at the most southerly corner of said Lot 2; thence North 11 degrees 43 minutes 45 seconds West, assuming the southeasterly line of said Lot 2 bears North 28 degrees 32 minutes 13 seconds East, a distance of 17.02 feet,to the point of beginning of said line; thence North 28 degrees 32 minutes 13 seconds East, parallel with said southeasterly line of said Lot 2, a distance of 130.00 feet and there terminating. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 21,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk GM-SSAICOUNCIL 20031Vacation 03-02 Memo and Resolution 01-21.03.doc • 1 M 0 J / / t�/o 68o£2 ry h / ..TA .• \ Cgr o6tH ' / 0�3 �O n =/orya £r 3S to6H\ 'N.SS Bys . ry oSN\� no h 1\ 2 x30)B\QOpEr �� r 11 _/ N I 24p� -.Act 3/ y4 a • 3 ;6 N / / 00.rvl~ �� p£gSNI3F{3o b3�np........ o/ o Id ZHTCZJ =//ry N0i1bJb^ 1 3£ o82ry M•gy£YoaC _ lh 9 I /_� -°. N3W3Sb3 03s �rN -- •w / o f4/4 \ 9gl 3 N 0y04,d / 3 N /M, t. 09 pSr \ -£r°g ^ N / m ry rr6s \Z_ Zb 12 \ ZC F'Y£ °Nr o .� 7 . `90 9vy pZ 2'0' / f r` £S-> / • Y \ __il - r9g.7 \ / r ZL la V ` 324 £ r £ �r •o 10 66 s • �g o ° p, E� OC 0 ` p .0 {.� Q�i L p p O W '�+ Q cx 0, o s• .. , y p O N Q O L. • Q) .0 0 , 1 .c Q).00 y .c p10 • Q �° cIv3N0aZ yo it Q C) -buzcQ) sou) u0 10 � �+ Ua � ° 0� z pj osui 0zb in zC -Q o am y-• N a - a. e-r Q i CQ g O N O ` 0oL0 u° p ° c1:3 .4_. 61) a .� o • -�..t �' V N� • p .c y -- N r� yr .0 ry Q) O —gyp Q 0 - p) L � � `'- 0 ^ O E p 0 Z Q. N C — p I- 0 ._ O O.0 ai -- Q) J J :C �O O .0 Q) y L. Q p 0 0 0 0 0 0 .c O CO y 0 0„C y V.l ►� luC) -'C .� '0 V Co 0 (ONb -o13 3 -0 • 7 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 03-03 ITEM NO.: Engineering Services Vacation of Drainage and Utility EasementC, Dave Olson over part of Lot 3,Block 5,Hartford Commons Eugene A. Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution Synopsis The property owner has requested the vacation of the drainage and utility easement identified on the attached drawing, to facilitate the construction of townhouse units. Building location adjustments have resulted in the need for this request. The area requested for vacation does not contain any public utilities and will not adversely affect access to the public utilities in place. Attachments Resolution Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VCATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF LOT 3,BLOCK 5,HARTFORD COMMONS WHEREAS, the City of Eden Prairie has a certain drainage and utility easement described as follows: That part of the Drainage and Utility Easement lying on Lot 3, Block 5, Hartford Commons, according to the recorded plat thereof, Hennepin County, Minnesota, lying 1.50 feet southerly of the following described line: Commencing at the most westerly corner of said Lot 3; thence North 83 degrees 12 minutes 37 seconds East, assuming the southerly line of said Lot 3 bears South 51 degrees 30 minutes 12 seconds East, a distance of 15.39 feet, to the point of beginning of said line; thence South 51 degrees 30 minutes 12 seconds East, a distance of 130.00 feet and there terminating. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: • 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 21,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A. Porta, City Clerk G:\1-SSA\COUNCIL 2003\Vacation 03-03 Memo and Resolution 01-21-03.doc 1 9 I M O • tz ems. 9 ,3 3, Te6,.. t+\ T_s 0, /,Y - 3\ 4, • h • 2 /0 - o.. Sf Y , lirs (,- G4 `. �� - np err b n •Or s lFh k.e. V , IZ °O., 4., , , f- Y / ° ,- ,,,� 1/ a e-so�\ h I 4''' C..) n' .h _ N , Q / �I �• .St �(� v/: \ ay/ /y °~ ^ ^/ ro 1 �„4O,s 3 - J/ �/ -5\ fj• \Bf \�Cy 2� bF' D .N IN. "_ 6f09 11,CV �-' / 1l/ • Z( . .SO 8f *ve o pc, ok Al „A" „o `2 Zl� = oS2ty l- cvOO\t, o IP it b 1 m ' t ( N o 1f '� V \ ��000 --,/ 4 C Z O -O Ol N O -. y O O)� L Co w - ,, Q � � cN � = a ,,� ^ ° E w O L 0 V) O O -..; QL) O O' U O U1 0 -0 O O �, —, to O CO' _ U.0 W .O 0 W N b -0U9)C0 • Ls a? IDj � ,.., -0Q II V� 3 C 0 L C O Nn7 O0 In O � � v � � F�-1 O a-, Q) O • )n O C O Q Q) O p 00 - O " vOi -C vOi O L O O Z C J ty -,-.: N Q) 1-1 N L -C Q.) C O 4- O 0 w U V N.. O C u O C � O .0 O O ` O aC) 0 C � � c - Op `,— i C Vj Z U "� N. O �►� O O 4 p E J J -c Q) C C O C O . � � O � � QQ) (1) LZ � .0 J Oi"" QiOi� 1.. lV 0 - ^) C O O O N -tQ Q) Q) .�) , -9 CITY COUNCIL AGENDA DATE: 01/21/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Eden Prairie Center 10th Addition .1 e Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 41.3 acres; and • Adopt the Resolution for Preliminary Plat of 41.3 acres into 2 lots. Synopsis The subdivision creates a separate lot for Von Maur and a separate lot for the mall including the theaters, bookstore and restaurants. The project requires waivers for lot size, parking setback, and building setback. These waivers are similar to those previously granted to Sears, Target, Kohls, and Mervyns. A developer agreement is not necessary. The waivers will be included as part of the ordinance presented with the final plat at second reading. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Commission Minutes dated December 9, 2002 4. Staff Report dated December 6, 2003 30 EDEN PRAIRIE CENTER 10TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE CENTER 10TH ADDITION FOR GENERAL GROWTH PROPERTIES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Center 10th Addition for General Growth Properties dated January 13,2003,and consisting of 41.3 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21st day of January, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk EDEN PRAIRIE CENTER 10TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE CENTER 10TH ADDITION FOR GENERAL GROWTH PROPERTIES WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on December 9, 2002 by General Growth Properties and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on January 21, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Eden Prairie Center 10th Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated January 13, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated December 9, 2003. ADOPTED by the City Council of the City of Eden Prairie this 21st day of January,2003. Nancy Tyra-Lukens,Mayor Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept-Eden Prairie Center 10th Addition: Lot 2,Block 1,Eden Prairie Center 8th Addition �3 Planning Board Minutes December 9,2002 Page 2 IV. PUBLIC HEARINGS A. EDEN PRAIRIE CENTER 10TH ADDITION . By General Growth. Request for Planned Unit Development Review on 41.3 acres, Zoning Amendment in C- Regional District on 41.3 acres, and Preliminary Plat of 41.3 acres into 2 lots. Location: Eden Prairie Mall Franzen stated Von Maur is asking for a lot split to create a second lot, similar to Sears,Kohls and Mervyns. Staff recommends approval. Stodt stated that the lot line runs through the middle of the parking ramp. Mike Franzen, City Planner, responded that each lot must have a certain number of spaces according to private agreements between General Growth and each lot owner. The City staff is only concerned with total parking at Eden Prairie Center which meets City Code. There are cross parking agreements so it doesn't matter so much where the lot line is. Foote asked what the reason was for the split. Franzen responded it was for tax and mortgage purposes. MOTION by Koenig, second by Stoelting to close the public hearing. Motion carried, 7-0. MOTION by Stoelting, second by Nelson,to approve the request by General Growth for a Planned Unit Development Review on 41.3 acres, Zoning Amendment in C-Regional District on 41.3 acres, and Preliminary Plat of 41.3 acres into 2 lots. Motion carried, 7-0. STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 6,2002 SUBJECT: Eden Prairie Center Subdivision APPLICANT: General Growth Properties OWNER: General Growth Properties LOCATION: Eden Prairie Center REQUEST: 1. Planned Unit Development Concept Review on 41.3 acres 2. Planned Unit Development District Review on 41.3 acres 3. Zoning Amendment in C-Regional District on 41.3 acres 4. Preliminary Plat of 41.3 acres into 2 lots 65 - a 1 • Area Location Map: ....., Eden Prairie Center 10th Addition - ...'.. .... _,, .-. : . 7 . ••• -• .. ... .. ....,, . .. . 10 1 .. . u• • d Dr. (212) • Eden r e•ad Ira •• ii •. . • . . ... . • ___.... . . ... . . .. • • ---._:,-.--: _.--, • ._ • .• • _ -- • _ ...• , 'Glen. a. _ . .-9•.•-:, ......, --II) :•.., . .. . ,• t , . •_ . • , _ ,. . '..• '... ' ..... . ,4.4.•••s,...V,,,Vt,, .,'.'.---....t.......aP7.L..,-.. . .. . • -,'-'r- -•""..tr•••.. ..., ',./...-...41.-4.,2.-ro,„ . 4 •,• • . . . . •.t e" .., . • . . • ---................ 4:•..-7./'...!.(.;.•...' ,.. 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The subdivision creates a separate lot for Von Maur and a separate lot for the mall including the theaters, bookstore and restaurants. PLANNED UNIT DEVELOPMENT The preliminary plat shows the subdivision of 41.3 acres into two lots. The following waivers are required. • Lot size from 50 acres to 35.3 acres (Lot 1) and 6.07 acres (Lot 2) • Zero lot line setback to parking both lots • Zero lot line setback for parking structure Lot 1 and Lot 2 • Eden Prairie Center Lot 1 side yard building setback from 80 feet to 40 feet • Eden Prairie Center Lot 1 rear yard building setback from 80 feet to 0 feet • Eden Prairie Center Lot 1 front yard setback from 80 feet to 0 feet • Von Maur Lot 2 side yard building setback from 80 feet to 0 feet • Von Maur Lot 2 rear yard building setback from 80 feet to 0 feet These waivers are similar to those granted when subdivisions were approved for separate lots for Sears, Target,Kohls, and Mervyns. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 41.3 acres • Planned Unit Development District Review on 41.3 acres • Zoning Amendment in C-Regional District on 41.3 acres • Preliminary Plat of 41.3 acres into 2 lots This is based on plans dated December 6,2002, and the Staff Report dated December 6,2002 and the following conditions: 1. The following waivers are granted through the planned unit development. • Lot size from 50 acres to 35.3 acres (Lot 1) and 6.07 acres (Lot 2) 2 Staff Report— Eden Prairie Center Subdivision 12-06-02 • Zero lot line setback to parking both lots • Zero lot line setback for parking structure Lot 1 and Lot 2 • Eden Prairie Center Lot 1 side yard building setback from 80 feet to 40 feet • Eden Prairie Center Lot 1 rear yard building setback from 80 feet to 0 feet • Eden Prairie Center Lot 1 front yard setback from 80 feet to 0 feet • Von Maur Lot 2 side yard building setback from 80 feet to 0 feet • Von Maur Lot 2 rear yard building setback from 80 feet to 0 feet 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Jan.21, 2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 116665-117092 Wire Transfers 1691-1698 Background Information Attachments 09 City of Eden Prairie Council Check Summary 1/21/2003 Division Amount General 439,101 100 City Manager 92 101 Legislative 33,452 102 Legal Counsel 85 104 Contingency 21,609 110 City Clerk 5,325 111 Customer Service 15,292 112 Human Resources 3,694 113 Communication Services 1,979 114 Benefits&Training 27,857 115 Risk Management 111 116 Facilities 7,952 117 City Center 3,944 130 Assessing 3,221 131 Finance 2,590 132 Housing,Trans, Social Service 11,908 133 Community Development 98 135 Information Technology 13,679 136 Wireless Communication 4,159 151 Park Maintenance 34,838 153 Athletic Programs 755 154 Community Center 13,325 156 Youth Programs 578 157 Special Events 875 158 Senior Center 696 159 Recreation Administration 104 160 Adaptive Recreation 122 161 Oak Point Pool 44 162 Arts 246 163 Park Facilities 215 180 Police 42,732 184 Fire 622,844 185 Animal Control 314 186 Inspections 918 200 Engineering 261 201 Street Maintenance 59,655 203 Fleet Services 55,669 314 Liquor Compliance 394 • 403 City Center Debt 2,398,407 405 Park Bonds 1992A, 1993A 375 502 Park Development 125,960 503 Utility Improvement 22,372 506 Improvment Bonds 1996 264 509 CIP Fund 25,643 511 Construction Fund 47,901 601 Prairie Village Liquor 65,493 602 Den Road Liquor 153,782 603 Prairie View Liquor 70,040 701 Water Fund 41,349 702 Sewer Fund 4,091 703 Storm Drainage Fund 2,673 803 Escrow Fund 1,093 Report Totals 4,390,175 City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1691 26,360 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1692 138,772 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1693 11,134 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1694 17,380 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1695 424 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1696 1,487 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1697 67,777 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1698 2,398,117 US BANK TRUST NATIONAL ASSN Principal City Center Debt Fund 116665 160 ARRADONDO PLANNING GROUP,INC Tuition Reimbursement/School Police 116666 264 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 116667 344 BREDAHL,TIFFANY Tuition Reimbursement/School In Service Training 116668 687 CALIBRE PRESS INC Tuition Reimbursement/School Police 116669 442 CASSADY,KEVIN Tuition Reimbursement/School In Service Training 116670 55 CORDES,JEFFREY Conference Expense In Service Training 116671 17 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 116672 500 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions In Service Training 116673 326 GREATAMERICA LEASING CORP. Other Rentals General 116674 75 ISD#281 Tuition Reimbursement/School Police 116675 75 ISFSI Dues&Subscriptions Fire 116676 1,500 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Employee Benefits 116677 195 M.J.O.A. Tuition Reimbursement/School Police 116678 120 MINNESOTA GFOA Dues&Subscriptions In Service Training 116679 15 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 116680 1,350 MPPOA Dues&Subscriptions Police 116681 499 NATIONAL TACTICAL OFFICERS ASS Tuition Reimbursement/School Police 116682 295 OHIO UNIVERSITY Tuition Reimbursement/School Police 116683 783 PITNEY BOWES INC Other Rentals General 116684 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 116685 3,026 PURCHASE POWER Postage General 116686 11 WOERZ GARY AR Utility Water Enterprise Fund 116687 5,745 CLASS SOFTWARE SOLUTIONS Software Maintenance Information Technology 116688 926 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 116689 617,496 EDEN PRAIRIE FIREFIGHTER'S REL Pension Plans Fire 116690 392 GE CAPITAL Other Rentals General 116691 2,661 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 116692 58 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 116693 295 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Park Maintenance 116694 65 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training 116695 164,708 MEDICA CHOICE Medical Bills Prepaid General Fund 116696 2,129 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 116697 297 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 116698 20 MINNESOTA DEPT OF AGRICULTURE Licenses&Taxes Park Maintenance 116699 85 MINNESOTA REAL ESTATE JOURNAL Operating Supplies Assessing 116701 192 PETTY CASH Mileage&Parking General Facilities 116702 180 QWEST Telephone Outdoor Center 116703 641 SERVICEMASTER Other Contracted Services Water System Maintenance 116704 16 THIEDE,BETH Program Fee Preschool Events 116705 240 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 116706 731 UNITED WAY United Way Withheld General Fund 116707 140 WALMART COMMUNITY Employee Award Human Resources 116708 50 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 116709, 71 WERTS,SANDY Mileage&Parking Senior Center Administration 116710 45 XCEL ENERGY Electric Traffic Signals 116711 34 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 116712 1,080 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 116713 86 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 116714 212 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 116715 4,701 BELLBOY CORPORATION Liquor Prairie View Liquor Store 116716 3,380 DAY DISTRIBUTING Beer Prairie View Liquor Store 116717 5,368 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 116718 6,795 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 116719 94 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 116720 94 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 116721 2,000 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 116722 9,223 GRIGGS COOPER&CO Misc Non-Taxable Prairie View Liquor Store 116723 273 HOHENSTEINS INC Beer Prairie Village Liquor Store 91 City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 116725 28,413 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 116726 1,073 LAKE REGION VENDING Tobacco Products Prairie Village Liquor Store 116727 4,357 MARK VII Misc Non-Taxable Den Road Liquor Store 116729 152 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 116730 7,547 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 116731 382 PINNACLE DISTRIBUTING Misc Non Taxable Den Road Liquor Store 116732 3,237 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 116733 7,703 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 116734 9,392 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 116735 70 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 116736 1,263 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 116737 133 WINE DOCTOR Wine Imported Prairie Village Liquor Store 116738 75 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 116739 2,499 WORLD CLASS WINES INC _ Wine Imported Den Road Liquor Store 116741 452 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 116742 2,138 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 116743 2,697 ARCH PAGING Pager&Cell Phone Wireless Communication 116744 72 BCA CJIS ID UNIT Other Contracted Services Finance 116745 77 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Inspections-Administration 116746 39 BRACE PATTY Operating Supplies Fire 116747 300 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow 116749 657 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 116750 34 DELEGARD TOOL CO Small Tools Fleet Services 116751 75 ERNST,DOUGLAS Clothing&Uniforms Park Maintenance 116752 65 FEDEX Postage General 116753 27 FOSTER,MARJORIE Program Fee Senior Center Program 116755 2,259 GENUINE PARTS COMPANY Repair&Maint.Supplies Park Maintenance 116756 27 HOLE BEATRICE Program Fee Senior Center Program 116757 27 LA RUE ROBERT Program Fee Senior Center Program 116758 40 LEADING EDGE PROMOTIONS Operating Supplies Tennis 116759 20,656 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Employee Benefits 116760 27 MCGRAW SANDRA Program Fee Senior Center Program 116761 35 MPSA Dues&Subscriptions In Service Training 116762 13 NILSSON,BETH Operating Supplies Ice Arena 116763 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 116764 1,790 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 116765 394 PETTY CASH-POLICE DEPT Operating Supplies Liquor Compliance 116766 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 116767 5,358 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 116768 27 REMINGTON CHARLES Program Fee Senior Center Program 116769 27 ROBBINS WILLIAM Program Fee Senior Center Program 116770 74 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 116771 53 STOVRING,LESLIE Mileage&Parking Environmental Education 116772 27 TORNOE,JACKIE Program Fee Senior Center Program 116773 73 UNIFORMS UNLIMITED Clothing&Uniforms Inspections-Administration 116774 336 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 116775 48 VERIZON DIRECTORIES CORP Advertising Prairie Village Liquor Store 116776 84 WEST WELD Equipment Parts Fleet Services 116777 103 XCEL ENERGY Electric Crestwood Park 116778 330 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 116779 88 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 116780 9 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 116781 60 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 116782 450 ASCAP Licenses&Taxes Ice Arena 116783 202 AT&T Pager&Cell Phone Police 116784 120 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 116785 77 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Police City Center 116786 612 GRAYBAR Operating Supplies Telephone 116787 100 HAEFNER,KIM Refunds Environmental Education 116788 1,786 HENNEPIN CNTY TREAS-GENERAL Printing Police 116789 121,250 HENNEPIN COUNTY Principal Park Acquisition&Development 116790 4,734 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Elections 116791 50 HIGH TECHNOLOGY CRIME INVESTIG Dues&Subscriptions Police 116792 100 IACP Dues&Subscriptions Police 116793 550 JOHN E REID AND ASSOCIATES,IN Tuition Reimbursement/School Police 116794 5,797 KMC TELECOM HOLDINGS INC. Telephone Telephone City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 116795 100 KROHN,SHIRLEY Refunds Environmental Education 116796 504 LARSON,CHRISTINA Tuition Reimbursement/School In Service Training 116797 62 LIMBERG,KRISTY Operating Supplies Summer Theatre 116798 290 LINDQUIST&VENNUM PLLP Paying Agent City Center Debt Fund 116799 175 MAXIMUM SOLUTIONS INC Other Contracted Services Ice Arena 116800 793 MCCULLOUGH,PAUL Deposits Escrow 116801 499 NATIONAL TACTICAL OFFICERS ASS Tuition Reimbursement/School Police 116802 25 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 116803 60 NIOA Dues&Subscriptions Police 116804 49 NORTHSTAR FIRE PROTECTION Water Meter Sales Water Enterprise Fund 116805 7 OWEN'S SERVICES CORP Cash Over/Short General Fund 116806 169 PADGETT THOMPSON Conference Expense In Service Training 116807 200 RUE,RODNEY Mileage&Parking Engineering 116808 28 SATTERSTROM,GLORIA Program Fee Ski Trips/Wnter Camp 116809 28 SECRETARY OF STATE Operating Supplies Community Development 116810 8,000 SOUTHWEST CORRIDOR TRANSPORTAT Dues&Subscriptions City Council 116811 154 TENEROW,CANDY Fac.Rental-P&R 2nd Sheet of Ice 116812 124 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 116813 344 VIDEO SERVICE OF AMERICA Video&Photo Supplies Police 116814 595 WILLIAM MITCHELL COLLEGE OF LA Tuition Reimbursement/School Police 116815 230 ZWIEG,JEFF Other Contracted Services City Center Operations 116816 11 BECKER,REBECCA Lessons&Classes Pool Lessons 116817 299 C&J TRAVEL INC Travel Expense Police 116818 8 CASE,RON Travel Expense City Council 116819 247 CENTERPOINT ENERGY Gas Miller Park 116820 322 COMFORT INN Travel Expense Police 116821 10 DEPT OF LABOR&INDUSTRY Licenses&Taxes Fire Station#3 116822 120 FADDEN,TIMOTHY Licenses&Taxes Inspections-Administration 116823 44 FISHER,PAUL Lessons&Classes Oak Point Lessons 116824 6 HANAHOE,MIKE Lessons&Classes Pool Lessons 116825 44 HEIBERG,ERIC Lessons&Classes Pool Lessons 116826 150 HOLIDAY INN CLARKSBURG Travel Expense Police 116827 125 IAFCI Dues&Subscriptions Police 116828 145 IMA Dues&Subscriptions In Service Training 116829 231 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions In Service Training 116830 40 LAVENDER,JOHN Insurance Risk Management 116831 841 MILLARD,CHRIS Tuition Reimbursement/School In Service Training 116832 127 MINNESOTA POLITICAL PRESS Dues&Subscriptions City Council 116833 12,300 MINNETONKA,CITY OF Dues&Subscriptions City Council 116834 770 MITCHELL,JULIE Other Contracted Services Police 116835 179 NDEITA Conference Expense In Service Training 116836 20 OTTEN,DAN Licenses&Taxes Inspections-Administration 116837 65 PRICHARD,SHIRLEY Lessons&Classes Ice Arena 116838 196 PROTECTION ONE Other Contracted Services Cummins Grill 116839 10 QUICKSILVER EXPRESS COURIER Postage General 116840 840 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 116841 52 TOMLINSON,TERRI Lessons&Classes Fitness Classes 116842 645 TYRA-LUKENS,NANCY Travel Expense City Council 116843 51 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 116844 289 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 116845 64 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 116846 205 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 116847 5,719 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 116848 6,298 DAY DISTRIBUTING Beer Den Road Liquor Store 116849 6,001 EAGLE WINE COMPANY Transportation Den Road Liquor Store 116850 17,649 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 116851 160 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 116852 1,829 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 116853 22,588 GRIGGS COOPER&CO Liquor Den Road Liquor Store 116855 32,772 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 116856 357 LAKE REGION VENDING Tobacco Products Prairie Village Liquor Store 116857 11,176 MARK VII Misc Non-Taxable Den Road Liquor Store 116858 1,406 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 116859 331 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 116860 3,711 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 116861 1,242 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store (13 City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 116862 14,726 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 116863 848 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 116864 3,874 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 116866 20,889 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 116867 13,287 THORPE DISTRIBUTING Beer Den Road Liquor Store 116868 3,393 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 116869 1,212 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 116870 5,420 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 116871 49 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 116872 2,095 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 116873 5 BENSON,ROBERT Program Fee Outdoor Center 116874 232 BLOOMINGTON PARK CATERED EVENT Operating Supplies Water Utility-General 116875 50 BOLD,PAULINE Instructor Service Outdoor Center 116876 43 CUMMINGS,KIM Repair&Maint.Supplies Fire 116877 100 DEPT OF NATURAL RESOURCES Other Rentals Staring Lake 116878 491 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 116879 58 ELWELL,JEFF Mileage&Parking Maintenance 116880 107 GOPHER STATE ONE-CALL INC Other Contracted Services Water Treatment Plant 116881 1,596 HENNEPIN CNTY TREAS-GENERAL Board of Prisoner Police 116882 3,136 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Assessing 116883 72 ICMA Dues&Subscriptions City Council 116884 106 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 116885 56 MINNCOMM PAGING Pager&Cell Phone Sewer Liftstation 116886 100 MINNESOTA DEPT OF PUBLIC SAFET Conference Expense Fire 116887 260 MINNESOTA SAFETY COUNCIL Dues&Subscriptions In Service Training 116888 1,545 MRPA Dues&Subscriptions In Service Training 116889 12,300 MUNICIPAL LEGISLATIVE COMMISSI Dues&Subscriptions City Council 116890 20 MUNICIPALS Dues&Subscriptions In Service Training 116891 200 PETTY CASH Travel Expense Police 116892 2,830 QWEST Telephone Sewer Utility-General 116893 42 RADCO Equipment Repair&Maint Fleet Services 116894 125 SOUTHWEST MUTUAL AID ASSOCIATI Dues&Subscriptions Fire 116895 333 TARGET CENTER Special Event Fees Preschool Events 116896 140 TIME WARNER CABLE Operating Supplies Fire 116897 3,051 US POSTMASTER-HOPKINS Postage General 116898 110 WEGNER,LINDA Outdoor Center Park Facilities 116899 104 WESTACOTT,JOEL Video&Photo Supplies Recreation Administration 116900 10 WILS Conference Expense In Service Training 116901 1,478 US POSTMASTER-HOPKINS Postage Water Accounting 116902 4 A TO Z RENTAL CENTER Other Rentals Water System Maintenance 116903 157 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services 116904 1,028 ADOLPHKIEFER Capital Under$2,000 Pool Operations 116905 1,598 ALLDATA Software Fleet Services 116906 2,185 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Capital Impr./Maint.Fund 116907 570 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Services 116908 251 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 116909 1,358 AOI ELECTRICAL INC Equipment Parts Fleet Services 116910 540 APEX VI Software Information Technology 116911 706 APRES Other Rentals Santa Flies into Eden Prairie 116912 1,135 AQUA CITY PLUMBING AND HEATING Equipment Repair&Maint Water Treatment Plant 116913 88 ARMOR HOLDINGS Operating Supplies Police 116914 145 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 116915 105 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 116916 2,311 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 116917 480 BECKER ARENA PRODUCTS INC Capital Under$2,000 Ice Arena 116918 245 BERRY COFFEE COMPANY Operating Supplies Fire 116919 846 BIFFS INC Waste Disposal Park Maintenance 116920 85 BITSTREAM UNDERGROUND Other Contracted Services Airport 116921 1,414 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies Fire 116922 30 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 116923 370 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 116924 356 BRO-TEX INC Repair&Maint.Supplies Fleet Services 116925 31 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 116926 58 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 116927 87 CAWLEY COMPANY,THE Miscellaneous City Manager 116928 160 CHUCK'S EXCAVATING INC Other Contracted Services Park Maintenance City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 116929 456 CLAREYS INC Operating Supplies Prairie View Liquor Store 116930 675 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Den Road Liquor Store 116931 458 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 116932 591 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 116933 3,695 CORNERHOUSE Other Contracted Services Police 116934 1,479 CORPORATE EXPRESS Office Supplies Fire 116935 13 CROWN MARKING INC Operating Supplies Police City Center 116936 52 CUB FOODS EDEN PRAIRIE Operating Supplies Police 116937 316 CURTIS 1000 INC Office Supplies General 116938 30 CUSTOM CANVAS INC. Repair&Maint.Supplies Water Treatment Plant 116939 6,854 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 116940 1,512 CY'S UNIFORMS Clothing&Uniforms Police 116941 1,051 CYCLE SOURCE GROUP LLC Capital Under$2,000 Police 116942 434 DALCO Capital Under$2,000 Maintenance 116943 966 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 116944 2,505 DEM CON LANDFILL LLC Waste Disposal Street Maintenance 116945 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant 116946 19 DIESEL INJECTION SERVICE INC Equipment Parts Fleet Services 116947 2,112 DIVERSIFIED INSPECTIONS INC Equipment Testing/Cert. Fire 116948 41 DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 116949 555 DYNA SYSTEMS Equipment Parts Water Treatment Plant 116950 885 EARL F ANDERSEN INC Signs Traffic Signs 116951 317 ECOLAB INC Other Contracted Services Fire Station#5 116952 2,063 EDELMANN&ASSOCIATES,INC. Equipment Parts Water Treatment Plant 116953 1,461 EF JOHNSON Equipment Repair&Maint Wireless Communication 116954 205 ELVIN SAFETY SUPPLY INC Operating Supplies Ice Arena 116955 788 EMEDCO Safety Supplies Water Treatment Plant 116956 5,609 ENVIRONMENTAL RESOURCE GROUP Other Contracted Services Reserve 116957 502 EPA AUDIO VISUAL INC Video&Photo Supplies Communication Services 116958 132 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 116959 2,310 FACILITY SYSTEMS INC Other Contracted Services Capital Imp../Maint.Fund 116960 302 FASTSIGNS Operating Supplies Maintenance 116961 1,182 FERRELLGAS Motor Fuels Ice Arena 116962 34 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 116963 1,060 FLORAN TECHNOLOGIES Cleaning Supplies Water Treatment Plant 116965 10,315 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 116966 38 GALLES CORPORATION Equipment Parts Fleet Services 116967 1,340 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena 116968 131 GINA MARIAS INC Operating Supplies Fire 116969 506 GWS INC Clothing&Uniforms Den Road Liquor Store 116970 575 HAMILTON,MICHAEL Other Contracted Services Broomball 116971 1,574 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 116972 87 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 116973 10,628 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 116974 250 HAWK LABELING SYSTEMS Operating Supplies General Facilities 116975 3,987 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 116976 70 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 116977 5,429 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 116978 125 HIRSHFIELD'S Repair&Maint.Supplies Police City Center 116979 16,000 HUBERTY MARKETING RESEARCH Other Contracted Services Reserve 116980 686 ICERINK SUPPLY CO Equipment Repair&Maint Ice Arena 116981 414 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 116982 370 IND SCHOOL DIST 272 Building Rental Art&Music 116983 495 INFRATECH Other Contracted Services Sewer System Maintenance 116984 43,819 INGRAM EXCAVATING INC Improvement Contracts Charlson Area Construction 116985 30 INTERNATIONAL TRANSLATION BURE Other Contracted Services Police 116986 1,385 INTOXIMETERS Operating Supplies Police 116987 1,409 ITRON INC. Other Contracted Services Water Meter Reading 116988 144 J H LARSON ELECTRICAL COMPANY Equipment Repair&Maint Fire Station#2 116989 3,265 JANEX INC Cleaning Supplies General Facilities 116990 1,255 JM OIL CO Lubricants&Additives Water Treatment Plant 116991 776 K.E.E.P.R.S.INC Clothing&Uniforms Police 116992 1,478 KINKO'S Printing Communication Services 116993 1,254 KJOLHAUG ENVIRONMENTAL SERVICE Improvements to Land Park Acquisition&Development 116994 7 KRAEMERS HARDWARE INC Equipment Parts Fleet Services 116995 748 LAB SAFETY SUPPLY INC Safety Supplies Water System Maintenance GI City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 116996 1,429 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 116997 660 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services 116998 2,485 LARKSTUR ENGINEERING&SUPPLY Equipment Parts Water Treatment Plant 116999 166 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 117000 25 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 117001 9,391 MACDONALD&MACK ARCHITECTS LT Building Capital Impr./Maint.Fund 117002 51 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 117003 3,000 MAPLE GROVE,CITY OF Other Rentals Police 117004 1,250 MARTIN-MCALLISTER Employment Support Test Human Resources 117005 286 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Services 117006 4,000 MAX MECHANICAL Building Repair&Maint. Water Treatment Plant 117007 58 MAXI-PRINT INC Printing Police 117008 399 MENARDS Operating Supplies Fleet Services 117009 25 METRO LEGAL SERVICES INC Other Contracted Services Tree Disease 117010 55 METROPOLITAN FORD Equipment Parts Fleet Services 117011 864 METROPOLITAN MECHANICAL Building Repair&Maint. Ice Arena 117012 1,160 MID-MINNESOTA WIRE Capital Under$2,000 Street Maintenance 117013 2,754 MIDWESTAQUA CARE INC Other Contracted Services Eurasian Water Millfoil 117014 45 MIDWEST ENGINE SERVICE&SUPPL Equipment Repair&Maint Park Maintenance 117015 2,283 MINNESOTA VIKINGS FOOD SERVICE Employee Award Human Resources 117016 41 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 117017 777 MN MAINTENANCE EQUIPMENT INC Capital Under$2,000 Park Maintenance 117018 467 MOORE MEDICAL CORP Safety Supplies Fire 117019 182 MTI DISTRIBUTING INC Equipment Parts Fleet Services 117020 339 MUNICILITE Equipment Parts Fleet Services 117021 1,326 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 117022 2,100 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 117023 66 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center 117024 380 NCR CORPORATION Equipment Repair&Maint Concessions 117025 317 NEW PIG CORPORATION Cleaning Supplies Water Treatment Plant 117026 626 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 117027 2,518 NORTHSHORE ADVISORS LLC Audit&Financial Finance 117028 36 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 117029 1,124 OLSEN COMPANIES Equipment Parts Fleet Services 117030 93 OSI BATTERIES INC Repair&Maint.Supplies Storm Drainage 117031 51,310 PEARSON BROTHERS INC Seal Coating Street Maintenance 117032 349 PENN ARMS INC Capital Under$2,000 Police 117033 82 PETSMART Canine Supplies Police 117034 274 POWER SYSTEMS Equipment Parts Fleet Services 117035 2,750 PRAIRIE ELECTRIC COMPANY Other Contracted Services Senior Center 117036 19,491 PRECISION TURF&CHEMICAL INC Chemicals Park Maintenance 117037 336 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 117038 228 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 117039 53 RADIOSHACK Operating Supplies Police 117040 20 RAINBOW FOODS INC. Operating Supplies Senior Center Program 117041 190 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 117042 163 RENTAL SERVICE CORPORATION Equipment Repair&Maint Maintenance 117043 269 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 117044 20,182 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 117045 7,285 ROWEKAMP ASSOCIATES INC Software Information Technology 117046 1,010 RUMPCA CO INC Waste Disposal Tree Removal 117047 128 SAFETY-KLEEN Other Rentals Park Maintenance 117048 192 SCHULTIES PLUMBING Other Contracted Services Water Meter Repair 117049 180 SCHWARTZ,RONALD JAMES Other Contracted Services Volleyball 117050 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 117051 1,283 SE-ME INC Video&Photo Supplies Police 117052 4,082 SHORT ELLIOT HENDRICKSON INC Design&Engineering Construction Fund 117053 2,376 SNAP-ON INDUSTRIAL Software Fleet Services 117054 990 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 117055 6,438 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 117056 35 SPS COMPANIES Equipment Parts Water Meter Repair 117057 2,493 ST CROIX RECREATION CO INC Capital Under$2,000 Park Maintenance 117058 112 STAR TRIBUNE Dues&Subscriptions In Service Training 117059 337 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Water Treatment Plant 117060 184 STATE SUPPLY COMPANY Equipment Parts Water Treatment Plant 117061 427 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services City of Eden Prairie Council Check Register 1/21/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117063 17,108 STREICHERS Clothing&Uniforms Police 117064 70 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 117065 20 SUBURBAN PROPANE Lubricants&Additives Fleet Services 117066 2,190 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 117067 213 SURVIVALINK CORP Safety Supplies Fire 117068 125 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 117069 125 SWEDLUNDS Waste Disposal Outdoor Center 117070 715 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 117071 140 TERRESA,SVOBODA Other Contracted Services Human Resources 117072 271 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant 117073 129 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 117074 656 UNIFORMS UNLIMITED Clothing&Uniforms Fire 117075 310 UNITED LABORATORIES Cleaning Supplies Water Utility-General 117076 13,337 UNITED PROPERTIES LLC DESIGN S Building Capital Impr./Maint.Fund 117077 1,126 UNITED RENTALS HIGHWAY TECHNOL Operating Supplies Traffic Signs 117078 545 UNLIMITED SUPPLIES INC Repair&Maint.Supplies Water System Maintenance 117079 93 US CAVALRY Clothing&Uniforms Police 117080 463 VESSCO INC Equipment Parts Water Treatment Plant 117081 44 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 117082 642 WW GRAINGER Equipment Parts Fleet Services 117083 405 WATSON CO INC,THE Merchandise for Resale Concessions 117084 375 WELLS FARGO BANK MINNESOTA NA Paying Agent Park Bonds 1992A&1993A 117085 77 WEST WELD Equipment Repair&Maint Fleet Services 117086 24,080 WESTSIDE EQUIPMENT Other Assets Fleet Services 117087 117 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Capital Impr./Maint.Fund 117088 83 WHEELER LUMBER LLC Operating Supplies Street Maintenance 117089 1,004 WM MUELLER AND SONS INC Sand Snow&Ice Control 117090 599 X-ERGON Repair&Maint.Supplies Water Treatment Plant 117091 2,577 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 117092 170 ZEP MANUFACTURING CO Operating Supplies Fleet Services 4,390,175 Grand Total CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES AND RESOLUTIONS January 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager First Reading of an Ordinance Amending City A Code Chapter 2.30 and 2.32,Relating to It Organizational Restructuring L Requested Action Move to: Approve the first reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring and adopt Resolution approving Summary Ordinance. Synopsis The City Code is being amended to reflect the organizational restructuring relating to the Community Development Department. Background The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes related to the Community Development Department. All changes included in the proposed ordinance have been previously announced to the City Council and to City employees. These changes were effective January 1,2003. The divisions that formed the Community Development Department were assigned to existing operating departments. The component divisions of the Community Development Department were reorganized as follows: 1. Zoning Enforcement functions was moved back into the Police Department. 2. Building and Fire Inspections became an operating division of the Fire Department. 3. The Assessing Division and the Planning Division became new divisions within the Department of Management&Budget. 4. The Economic Development division was moved from the Department of Management& Budget into the Office of the City Manager. Attachments Ordinance Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30 IN ITS ENTIRETY, RELATING TO CITY DEPARTMENTS;AMENDING SECTION 2.32 IN ITS ENTIRETY,RELATING TO ISSUANCE OF CITATIONS;PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending in its entirety Section 2.30 as follows: SECTION 2.30. CITY DEPARTMENTS. Subd.1. City Manager. The City Manager shall be appointed by the Council and shall serve at the Council's pleasure. The Manager shall be the chief administrative officer of the City and all Departments of the City shall be under the overall control of the City Manager. The City Manager shall have the following general duties and responsibilities: A. Plan the organization of City staff and assign appropriate responsibility and authority for the efficient and effective delivery of City services. B. Prepare and administer the annual City budget;develop compensation plans and personnel policies for City staff consistent with good management practices. C. Prepare Council agendas and information for Council meetings with appropriate staff research and recommendations. D. Communicate effectively with council members,City staff,news media,other governmental agencies,and the public. E. The City Manager, with the consent of the Council, shall appoint a City Attorney, who shall serve at the pleasure of the Council. The City Attorney shall perform such duties as are required by law or referred by the Council. F. The City Manager shall appoint a City Clerk. It shall be the duty of the City Clerk to carry out the provisions of State Statute§412.151. Subd. 2. Department of Management&Budget. A Department of Management&Budget is hereby established. The head of this department is the Director of Management&Budget. All matters relating to Finance,Human Resources, Planning, Information Technology, Customer Service, Facilities, and Liquor shall be the responsibility of this Department. The Director of Management&Budget shall serve as the City Treasurer and carry out the provisions of State Statute §412.141. This Department shall include the Assessing Division. The manager of the Assessing Division is the City Assessor. All matters of levies and assessments shall be the responsibility of this division. 99 Subd.3. Police Department. A Police Department is hereby established. The head of this department is the Police Chief. All matters of law enforcement, civil defense and zoning enforcement shall be the responsibility of this Department. The Chief of Police shall serve as the Chief Law Enforcement Officer of the City. Subd.4. Fire Department. A Fire Department is hereby established. The head of this department is the Fire Chief. All matters of fire protection and building and fire inspection shall be the responsibility of this Department. Subd. 5. Public Works Department. A Public Works Department is hereby established. The head ofthis Department is the Director of Public Works. All matters relating to engineering,streets,water and sewer are the responsibility of this Department. Subd. 6. Parks and Recreation Department. A Parks and Recreation Department is hereby established. The head of this Department is the Director of Parks and Recreation. All park and recreation facilities,recreation programs and activities,natural resources management,and municipal cemetery shall be the responsibility of this Department. Section 2. The Eden Prairie City Code shall be amended by amending in its entirety Section 2.32 as follows: SECTION 2.32. ISSUANCE OF CITATIONS. The following employees of the City of Eden Prairie,while in the course and scope of the performance of their duties as employees, may issue citations in lieu of arrest or continued detention: Office of City Manager City Manager City Clerk Manaaement&Budget Department Director of Management&Budget Director of Planning Plan Reviewer Community Planner Facilities Manager Police Department Chief of Police Police Officers Parking Enforcement Officer Reserve Officers Animal Control Officers Zoning Administrator Fire Department Fire Chief Fire Marshal Fire Inspector Manager of InspectionsBuilding Official Building Inspectors Public Works Department Director of Public Works City Engineer Assistant City Engineer Project Engineer Manager of Street Maintenance Manager of Utility Operations Foreman/Supervisor Engineering Technician Environmental Coordinator Parks and Recreation Department Director of Parks and Recreation Parks and Recreation Manager Park Planner /00 Tree Inspector Park Ranger Foreman/Supervisor Community Center Managers and Coordinators Section 3. The City Clerk shall change the term under the column heading`EXISTING TERM" or a respectively similar term wherever they appear in the Eden Prairie City Code to the term listed under the column heading"NEW TERM" or to a respectively similar term. EXISTING TERM NEW TERM Director of Community Development Director of Planning Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of January,2003,and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of , 2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,, 2002. • /0/ CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30 IN ITS ENTIRETY, RELATING TO CITY DEPARTMENTS; AMENDING SECTION 2.32 IN ITS ENTIRETY, RELATING TO ISSUANCE OF CITATIONS; PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, ALONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2003. The full test is available for public inspection by any person during regular office hours at the office of the City Clerk. Section 2.30 - City Departments The ordinance removes all references to the Community Development Department. The divisions of the Community Development Department were reorganized as follows: Zoning Enforcement is within the Police Department; Building and Fire Inspections are within the Fire Department; the Assessing Division and Planning Division are within the Department of Management&Budget. Section 2.32 -Issuance of Citations The ordinance amends the list of employees at the City of Eden Prairie who may issue citations in lieu of arrest or continued detention. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) ida CITY COUNCIL AGENDA DATE: SECTION: Report of Management and Budget January 21,2003 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Management and Budget Appointment to State Board of Assessors / Don Uram , • Synopsis Steve Sinell,Eden Prairie's City Assessor since 1984,has been appointed by the Commissioner of Revenue to the Minnesota State Board of Assessors. Steve will serve as the sole City Assessor member on the nine member board. The State Board of Assessors is responsible for establishing, reviewing, supervising, coordinating and approving courses in assessment practices,and establishing criteria for determining assessor's qualifications. The Board also has the authority and the responsibility to consider other matters relating to assessment administration, including licensing over 1,000 Assessors in the state of Minnesota. Background In 1971,the Minnesota Legislature passed a bill establishing a Board of Assessors. The announced purpose of the Board was to educate,license,and monitor the conduct of assessors. The end result of this activity was to ensure property tax payers in Minnesota receive the most accurate and equitable assessment of their property possible. In the years since 1971,the Board has taken a number of steps to accomplish its goal. It has established levels of licensure for each taxing jurisdiction in Minnesota,established the criteria for earning various professional designations, sponsored various educational courses and seminars, and written rules and polices which formalize its procedures. As a result of this activity over the past 25 years,Minnesota has seen a consistent increase in both the level of assessment and professionalism in applying the property tax law to the Citizens of Minnesota. 103