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HomeMy WebLinkAboutCity Council - 02/04/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 4,2003 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. HABITAT FOR TECHNOLOGY 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, FEBRUARY 4,2003 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 Joseph Nilan and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD JANUARY 21,2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21,2003 (p. 5) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 11) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE BLUFFS AT NINE MILE CREEK(HEIGHTS AT VALLEY VIEW) (p. 12) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF HARTFORD COMMONS 2ND ADDITION (p. 16) D. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENT,I.C. 98-5471 (p. 21) E. ADOPT RESOLUTION SETTING PUBLIC HEARING DATE FOR APPROVAL OF INTERCHANGE IMPROVEMENTS AT TH 169/ANDERSON LAKES PARKWAY AND AT TH 169/PIONEER TRAIL (CSAH 1) (p. 23) F. APPROVE CHANGE ORDER NO.2 FOR PIONEER TRAIL AND TH 212 UTILITY IMPROVEMENTS,I.C. 52-204 (p. 25) CITY COUNCIL AGENDA February 4,2003 Page 2 G. CAPITAL POINTE by Capital Pointe. Extension to the Development Agreement (Resolution Granting Extension to the Development Agreement) (p. 28) H. HEIGHTS AT VALLEY VIEW AMENDMENT by Eden Prairie Leased Housing Associates I, LLC. (Resolution for Amendment to Development Agreement) (p. 44) I. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL CHANGES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE (p. 49) J. ADOPT RESOLUTION APPROVING A MORTGAGE SUBORDINATION AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND BREMER BANK (p. 55) K. ADOPT RESOLUTION AUTHORIZING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE A DEVELOPMENT (HEIGHTS AT VALLEY VIEW) (p. 61) VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS (p. 73) IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS (p. 79) X. PETITIONS, REQUESTS AND COMMUNICATIONS A. ADOPT RESOLUTION APPROVING PRELIMINARY LAYOUT FOR THE CSAH 4 (EDEN PRAIRIE ROAD)/VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS (p. 81) XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Metro Transit Board Citizen Appointment(Councilmember Young) CITY COUNCIL AGENDA February 4,2003 Page 3 B. REPORT OF CITY MANAGER 1. Strategic Planning Update C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Round Lake Water Quality Monitoring Report and Recommendations for 2003 (p. 83) 2. Recommend Reduction in Number of Hours Round Lake Beach is Guarded For Summer 2003 (p. 102) 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 XIV. OTHER BUSINESS A. CITY MANAGER'S SIX-MONTH EVALUATION (Closed Session) XV. ADJOURNMENT -K-_ ,L\ UNAPPROVED MINUTES 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, City Engineer Al Gray, Assistant City Engineer Rod Rue, Traffic Engineer Randy Newton, City Planner Mike Franzen, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Councilmember Case presided as Acting Mayor in Mayor Tyra-Lukens absence. The meeting was called to order at 5:35 p.m. II. APPROVAL OF AGENDA III. TH 169 A. Proposed Construction MnDOT staff presented a proposed plan for grade separated interchanges at Anderson Lakes Parkway and Pioneer Trail on TH 169. Tom O'Keefe,MnDOT Area Manager; Wayne Norris, MnDOT Area Engineer; and Ron Rauchle, MnDOT Consultant from SRF discussed the proposal. Norris said the project is necessary to relieve traffic congestion and increase safety at the interchanges. Norris said the design allows for future addition of a third lane without major impacts. B. Issues with Proposed Construction Norris said the City has expressed interest in extension of the noise barrier on Hennepin Town Road. MnDOT has conducted a noise analysis,which does not indicate that a barrier is necessary under MnDOT guidelines. However, each project includes money budgeted for aesthetics (typically from 3 to 7 percent of 1 Workshop/Forum Minutes January 21,2003—pg.2 the project budget). Norris said part of the aesthetics budget could be used to extend the sound barrier,with the understanding there will be less money available for landscaping, etc. Norris said MnDOT is proposing the same type of sound barrier solution for a Bloomington location. Based on input from two public information meetings MnDOT for residents of Bloomington and Eden Prairie,Norris said he did not feel there were serious issues with the project at Pioneer Trail. The Anderson Lakes Parkway interchange consists of a folded-diamond design on the west and a diamond on the east,with turn lanes. The proposed design will require a raised median, so left turns from Garrison Way will no longer be possible. City staff has analyzed the increase in traffic this change will cause on Amsden Way. The study indicates about 300 vehicles per day will be diverted to Amsden Way. Staff believes this is a reasonable level of traffic, and it is a better long range solution than installing signals at Garrison Way. MnDOT did look at the possibility of purchasing a couple of homes and connecting Garrison Way to Hennepin Town Road,but recommended against it since it would significantly change the character of the neighborhood and would be cost prohibitive. MnDOTs initial design would have resulted in an impact to 9-10 acres of Three Rivers Park District land(Anderson Lakes Parkway). At the Park District's request,MnDOT refined the exit ramp design by tightening the radius on southbound 169. Under this plan,permanent impacts were reduced to about seven acres. Norris said MnDOT had met with Park District staff and received concurrence on their design and a proposed mitigation plan. Councilmember Butcher asked if there is a communication plan in place for the impacted neighborhoods. Norris said every impacted resident has received a card inviting them to two public information meetings that have been held. About 250 people attended the most recent meeting,held in mid-January. City and MnDOT staff said it appeared that most of the meeting attendees were residents of Bloomington. Dietz said that the tenants of Preserve Village Mall are going to be the most impacted property owners. C. Proposed Staging and Impacts Norris said MnDOT had looked at variations of two staging plans for the construction at Pioneer Trail. Under one plan, construction would be staged so that some degree of access (right-in/right-out)would be maintained at all times. This would require installation of a temporary signal at a bridge crossing,which could present visual safety problems. The other plan,preferred by both MnDOT and City staff,would completely close access at Pioneer Trail during construction. This plan is preferable mainly because this phase of construction could be completed in one construction season. MnDOT stressed that of the three interchanges involved(Pioneer Trail, Riverview Road, and Anderson Lakes Parkway), two of the three will be open at all times. Closing the intersection at Pioneer Trail entirely for a period of time would likely have two impacts. There Worhop/Forum Minutes January 21,2003—pg.3 will be some noticeable traffic diversion impacts as well as economic impacts to commercial properties in the immediate area. Dietz noted that there is no full closure of Anderson Lakes Parkway planned at any time. D. Construction Schedule Under current revenue projections, a design/bid/build process would be followed with the contract to be let in 2008 and construction beginning in 2009. However, if the legislature allocates "new"money to transportation projects this year, the project could be let as a"design/build," and construction could begin as soon as 2004. E. Proposed Construction at TH 169/1-494 Because of time limitations,this portion of the discussion was skipped. F. Public Meeting for Environmental Assessment MnDOT will compile comments gathered at the Public Information Open House and forward them to the City. Bloomington has already granted municipal consent for the plan, and MnDOT will be presenting the plan to the City of Edina (which has indicated they plan to pass a resolution in support of the project). G. Request for City Council Municipal Consent Date MnDOT said they would like to ask the City Council for municipal consent at it's February 4 meeting, however a public hearing may be required before municipal consent can be granted. All of the Councilmembers present indicated general support for the plan; however, Councilmembers Case and Butcher indicated they would not be comfortable providing consent before residents are fully informed of the proposed plan and given an opportunity to provide public comment. Councilmember Young said he was not in favor of holding a public hearing on the project unless it is required by law. Case said he prefers to err in favor of holding a public hearing even if it is not mandated. Butcher agreed and said it will be important to use all available communication tools, including the newspapers and the City's website,to inform the public about the project. Councilmember Mosman agreed with Butcher and Case. Young said there is a certain amount of angst related to any road construction project, and he is concerned about adding another layer of procedure if it is not required by statute. City Manager Scott Neal suggested that the Council develop a protocol for how far above the legal requirements it wants to go when considering road construction projects. It is preferable to not have an open-ended process because it becomes difficult to determine when"enough"input has been solicited. Councilmember Case said it would be difficult to set rules for this since each project is different. Dietz said he would check with the City Attorney about whether or not a public hearing is required by law and will advise the City Council via memorandum. Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) 3 Worlshop/Forum Minutes January21,2003—pg.4 A. Representative of Northland Securities Dick Osmunson of Northland Securities presented the results the City's bond sale. He said a resolution awarding the bond sale appears on the Council Agenda under the Consent Calendar for Council approval. B. Perry Forster—Riley-Purgatory-BIuff Creek Watershed District Watershed District Board Chair Perry Forster presented a check to the City for $11,375. This represents half of the cost of a project to repair a portion of the Purgatory Creek bike trail that was damaged due to a pipe failure. VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 21,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens was absent. Councilmember Ron Case served as Acting Mayor. Other Councilmembers present were Sherry Butcher, 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 Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Acting Mayor Case said the Council Forum will be 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 will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors,please notify the City Manager's office(at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak the Council. IV. PUBLIC SAFETY SERVICE ANNOUNCEMENT VIDEO ON TEEN ALCOHOL USE Stephanie Grant, Community Relations Specialist with the Eden Prairie Police Department, introduced the third and final Public Service Announcement on teen alcohol use to be distributed throughout the area. She said the announcement will run on cable stations for three months. Police Chief Dan Carlson reported on how his department and other agencies handled the incident last Friday where there were threats of a potential bomb on a bus in Eden Prairie. Carlson said the interagency cooperative effort included the FBI, ATF, Hennepin County Sheriffs office and various other agencies. He said the incident started at 7:30 a.m. and was resolved by 2 p.m. with no property or personal damage. V. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. Case read the proclamation and the Eden Prairie Manifesto. 5 CITY COUNCIL MEETING January 21,2003 Page 2 Jeff Strate, a member of the Human Rights and Diversity Commission,was present and gave an overview the City's Human Rights Award and Youth Scholarship Award process. He said the awards include the Dr. Jean L.Harris Youth Scholarship Award of$1,000 with up to two recipients and the Human Rights Award which is no cash value but recipients will have their names engraved on a plaque Case announced that the Eden Prairie City Commission and Board application process is open now with a deadline of March 31, 2003. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case and Young added reports under Item X.V.A. MOTION: Mosman moved, seconded by Young, to approve the Agenda as published and amended. Motion carried 4-0. VII. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 7,2003 MOTION: Butcher moved, seconded by Mosman,to approve as published, the Minutes of the City Council Meeting on held January 7, 2003. Motion carried 4-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2003-12 APPROVING FINAL PLAT OF DUPONT'S CRESTWOOD ADDITION C. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FOR 2003 D. APPROVE A MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION WITH HENNEPIN COUNTY E. ADOPT RESOLUTION NO. 2003-13 TO PETITION THE RILEY- PURGATORY-BLUFF CREEK WATERSHED DISTRICT TO COMMIT TO FUNDING THE RILEY AND RICE MARSH LAKE WATER QUALITY IMPROVEMENT PROJECTS F. ADOPT RESOLUTION NO. 2003-14 ESTABLISHING MUNICIPAL STATE AID STREETS G. APPROVE SUPPLEMENTAL PAY REQUEST FROM SEH,INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE BRYANT LAKE DRIVE TRAIL,I.C. 00-5514 (P CITY COUNCIL MEETING January 21,2003 Page 3 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 I. ADOPT RESOLUTION NO. 2003-15 RELATING TO $1,445,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1994A BONDS), SERIES 2003C J. ADOPT RESOLUTION NO. 2003-16 DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS K. ADOPT RESOLUTION NO. 2003-17 AUTHORIZING THE AMENDMENT TO THE PROJECT MANAGEMENT AGREEMENT FOR ROLLING HILLS SENIOR HOUSING DEVELOPMENT MOTION: Mosman moved, seconded by Butcher, to approve Items A-K of the Consent Calendar. Mosman said that Item K is listed as Rolling Hills, and asked if the name of the project is also Colony.Neal said it is. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 4, BLOCK 1,HARTFORD COMMONS; VACATION 03-01 (Resolution No. 2003-18) City Manager Scott Neal stated that official notice of this public hearing was published in the December 26, 2002 Eden Prairie News and sent to one property owner. He said 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.Neal said Staff recommends approval of all three easement vacations on tonight's agenda. Case asked why some easements are vacated and others are not. Neal said plans often change with easements and in this case, instead of vacating an entire easement,just a small part of it is vacated. He said this allows the project to proceed. There was no public comment. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing and adopt the Resolution. Motion carried 4-0. CITY COUNCIL MEETING January 21,2003 Page 4 B. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 2,BLOCK 2,HARTFORD COMMONS;VACATION 03-02 (Resolution No. 2003-19) There was no public comment. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing and adopt the Resolution. Motion carried 4-0. C. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 3,BLOCK 5,HARTFORD COMMONS ; VACATION 03-03 (Resolution No.2003-20) There was no public comment. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing and adopt the Resolution. Motion carried 4-0. 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 No. 2003-21 for PUD Concept Amendment, and Resolution No. 2003-22 for Preliminary Plat) Neal said Official notice of this public hearing was published in the January 9, 2003, Eden Prairie News and sent to 48 property owners. He said 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. Alan Young, Senior Manager of Eden Prairie Center, stated he is available to answer any questions. There was no further public comment. MOTION: Mosman moved 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. Seconded by Young, motion carried 4-0. X. 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,Young and Mosman voting"aye." CITY COUNCIL MEETING January 21,2003 Page 5 XI. ORDINANCES AND RESOLUTIONS A. ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32, RELATING TO ORGANIZATIONAL RESTRUCTURING Neal said the City Code is being amended to reflect a recent organizational change. Case commended Neal for his management style. MOTION: Mosman moved to approve the first reading of the Ordinance amending City Code Chapter 2 relating to the organizational restructuring and adopt Resolution approving Summary Ordinance. Seconded by Butcher, motion carried 4-0. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS &COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Young reported that he and Case met with citizens from the Edenvale portion of the City who wanted to speak about outlots in their area. He said they are concerned about development of the outlots. Young suggested possible Council discussion on these outlots at some point in the future to consider action. Case suggested a future workshop item to get policy direction on development of historic structures such as the one where Dunn Brothers Coffee is located. Mosman said this is a good time to do this because there is now a lot of interest from the public. Case reported that he has been approached by several people who have approached him with concerns about the Preserve and the swimming pool. He asked Lambert to discuss this. Lambert said the City appointed a pool study committee five months ago, and extensive evaluation was done with respect to options. He said there would be a very significant investment in keeping the pool operational and a more definitive answer about the pool will be given when the report is finished. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR 9 CITY COUNCIL MEETING January 21,2003 Page 6 E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR 1. Appointment to State Board of Assessors Management and Budget Director Don Uram announced that Steve Sinell, Eden Prairie 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. He said this is a great honor for Steve who will serve a four-year term. 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. H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Young, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 8:00 p.m. l0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List -vr' A Gretchen Laven . These licenses have been approved by the department heads responsible for the licensed activity. Cigarette&Tobacco Products Dhanani, Inc. D.B.A. Go For It Gas Commercial Kennel Petco #606 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List Gretchen Laven These licenses have been approved bythe department heads responsible for the licensed activity. PP P P t3' Cigarette &Tobacco Products Dhanani, Inc. D.B.A. Go For It Gas Commercial Kennel Petco#606 Raffle Organization: Eden Prairie Foundation Place: Bearpath Golf& Country Clubs Date: March 1, 2003 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of The Bluffs at Nine Mile Engineering Services Creek Y-•� Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of The Bluffs at Nine Mile Creek Synopsis This proposal is located in the Northwest Quadrant of the Flying Cloud Drive and Valley View Road intersection. The plat consists of 10.26 acres to be divided into one lot and right-of-way dedication for street purposes. The proposed site will consist of a four-story, 188 unit apartment building. This is a replat of Outlot E, Wilson Ridge. Background Information The preliminary plat was approved by the City Council April 16, 2002. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 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$8,930.00. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of the Final Plat, Developer shall submit a sidewalk and trail easement for review and approval. Attachments Drawing of final plat Resolution Ia CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE BLUFFS AT NINE MILE CREEK WHEREAS,the plat of The Bluffs at Nine Mile Creek has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for The Bluffs at Nine Mile Creek is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 4, 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 February 4,2003. Nancy Trya-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk �3 _- - ; _ * 21 3:ati. xialra � Zu � t s 17 i111Ili mi isl \ 3t: i 1,77. a 4 1' 11 ; i a 421 bb 1 j c 1;4 1 s Q I- _f s a!ill ls fin g -31 3 r 3: 2 l;h i3 3 s i a 1 tYi 11° lit- S g/ - 7- l{ f .i i t 0 e,i 1 - ganiZas 1 ; i i . i t it 3 .14. \ -1\ 6] E" ..„ i ,,,}}}} I N ` .g itri I'VP ey 4,i r'.."' ,\` 1, cl i '- •� si,o 1,maw;.�-7:44r-LI7 I L `�` I�139a , �li f NOg7rM =I !Yin 4a 3.3 a I z p I 4K,ifEa / '� 3 0 / � • : I • 1 I 1 2/2'd SSS'ON 1 [, l WIIINIWOQ WdtS:zti 6002 17Z'N 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING FINAL PLAT OF THE BLUFFS AT NINE MILE CREEK WHEREAS, the plat of The Bluffs at Nine Mile Creek has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and 'WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for The Bluffs at Nine Mile Creek is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 4, 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 February 4, 2003. Nancy Trya-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk (5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works/ Final Plat Approval of Hartford Commons 2nd Engineering Services Addition ' C Randy Slick/Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of Hartford Commons 2nd Addition Synopsis This proposal is located in the northwest quadrant of the Prairie Center Drive and Rolling Hills Road intersection. The plat consists of 6.73 acres to be divided into 9 lots and two outlots for the construction of 131 multi-family units. This is a replat of Outlot E,Hartford Commons. Background Information The preliminary plat was approved by the City Council June 5, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 7, 2001. 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$6,222.50. • Satisfaction of bonding requirements for the installation of public improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Revision to plat to include drainage and utility easements over all public utilities. Attachments Drawing of final plat Resolution 16. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HARTFORD COMMONS 2ND ADDITION WHEREAS, the plat of Hartford Commons.2nd 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 Hartford Commons 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 4,2003. 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 February 4,2003. Nancy Trya-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk Q S ` 0• f ~, to I z_ / CS ;JJ IAA 14 r \ter;° \ I r��J / , ♦ � k Gi ry♦kh ,` V� ��1 Z. n(\� r 6, •\�'OS'\ "0 err . > tC7 O 9\ r / ‘,/ / ♦ lid \`C� In E Jlift,1 \` 0 / ^ .14 \ ✓ ram.g iy '°n 11 /�,y� ,,t � I nYQS„i • yid, �� ,O cC\ m 2 W/' , f d'O', 1 O pi.4 1 m ZO �f ,,,`,� °`y�'$ >A,,• .46Y • In ~� w I libiZ In S B,B `Y `„, A.0 C bry / x stN 6 0prt t 114.4 Y� �,SF;O44 t N 1 ( a° I M . 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( Z ti4 ; c, b w i c`• 0 [Elilil [ts 19 -\ 1.a IS9 3` O „y b 4 \\ Q ♦b .a \ /P \ 'S'`01frp' /y r4 \s zy/ \ } eft at NO eV or 11 4 \i Y/aie /,/ \\ \\ \\ .i_ /, i+�' . \ \\ 'Sys \\ Q .\ =< -4,s; y � \\\ \orb_ N. \ . Q \ \ :mP -)A \ 1. \ \ o%y j \\ ^ \\ \\ �-✓ $� a M ,. CO ik`'. \\ \\may, •$+Cb\ / .°1•s �.�a�J, l' N �' o / i f ' ss. QC' // // ti y$ 4 t 3 / / ;Eq.-Tr.,—am ik N I E I I fy W`� IF !.....�.. .4g2 tic i YI • It I l I r 0 I � s 1/ I '° 8 E^ '8„1 SYI „-€1 e s 8 . I Ti - Y -E E 3' C°CtN + �'it n $ . ° + CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4,2003 DEPARTMENT AREAIDIVISION: ITEM DESCRIPTION: I.C. 98-5471 ITEM NO.: Engineering Division Approve Construction Plans and Specifications Rodney W. Rue and Order Advertisement for Bids for Street VT. D, Eugene A.Dietz Re-construction in the Hillcrest/Alpine Neighborhood Requested Action • Move to: Adopt resolution approving plans and specifications for I.C. 98-5471, Hillcrest/Alpine Neighborhood Street and Storm Sewer Improvements. Synopsis This project will re-construct most of the existing street and storm sewer within this neighborhood. After the bids are received, an assessment amount will be determined followed by an assessment hearing and an award of contract. It's anticipated that bids will be received on March 6, 2003 and the assessment hearing/contract award on April 15, 2003. Background Information The Hillcrest/Alpine neighborhood street and storm sewer re-construction project was authorized on August 20, 2002. Several neighborhood meetings were held during the development of this project with the most recent meeting on January 16, 2003 to review the construction plans and provide comments. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through HTPO, Inc., has prepared plans and specifications for the • following improvements to wit: I.C. 98-5471: Street Re-construction in the Hillcrest/Alpine Neighborhood and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., March 6, 2003, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:00 P.M., Tuesday, April 15, 2003, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check,bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on February 4,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,Clerk CITY COUNCIL AGENDA DATE: February 4,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5548 ITEM NO.: Engineering Division Set Public Hearing Date for Interchange Rodney W. Rue Improvements at TH 169/Anderson Lakes Eugene A. Dietz Parkway and at TH 169/Pioneer Trail (CSAH 1) Requested Action Move to: Adopt resolution setting the public hearing date for the approval of interchange improvements at TH 169/Anderson Lakes Parkway and at TH 169/Pioneer Trail(CSAH 1). Synopsis This public hearing to consider layout approval/municipal consent for the TH 169 interchange projects at the intersections with Anderson Lakes Parkway and Pioneer Trail (CSAH 1) is required as part of the "municipal consent" process. Part of the statutory requirements for municipal consent requires a 30-day notice for the public hearing. Therefore, we are proposing to set the hearing date for March 4,2003. Background Information There have been two Open Houses for corridor residents where project layouts were shown and comments received. At the recent Council workshop, comments/issues that were heard during these Open Houses were presented to you. Prior to the proposed Public Hearing, notices of the meeting will be sent to the same mailing list (1/4 mile from the project corridor) as the previous Open Houses. In addition, a notice of the public hearing will be published in the official newspaper. Attachment Resolution a3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. SET THE PUBLIC HEARING DATE FOR MUNICIPAL CONSENT OF TH 169 INTERCHANGE IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PIONEER TRAIL(CSAH 1) WHEREAS, MnDOT is proposing to make interchange improvements at TH 169 and Anderson Lakes Parkway and at TH 169 and Pioneer Trail(CSAH 1); WHEREAS,MnDOT has prepared the preliminary layout and environmental documentation for this project; WHEREAS,MnDOT has requested municipal consent for the interchange improvements; and WHEREAS, pursuant to State Statute 161.164, the City of Eden Prairie needs to hold a public hearing to consider municipal consent of the said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the required Public Hearing is hereby scheduled for March 4, 2003 at the Eden Prairie Council Chambers, 8080 Mitchell Road at 7:00 p.m. ADOPTED by the Eden Prairie City Council on February 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: February 4,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-204 ITEM NO.: Engineering Division Approve Change Order No. 2 for Pioneer Trail Mary Krause and TH 212 Utility Improvements F. Eugene A. Dietz Requested Action Move to: Approve Change Order No. 2 for the Pioneer Trail and TH 212 Utility Improvement from S.M. Hentges & Sons, Inc. in the amount of$3,587.42. Synopsis This change order is a result of changes to the utility project to address erosion control and field changes to the utility installation. Background The installation of the majority of the utilities for this project were installed this winter. The change order is a result of the following changes during the project: • Construction of a sediment dike across Purgatory Creek to meet watershed requirements. • Construction of a construction access off of TH 212. • Protection of an existing gas main. • Soil corrections. Attachments Change Order No. 2 for 52-204 as CHANGE ORDER#2 Date: 01/02/03 To: City of Eden Prairie City Improvement Contract#: I.C. 52-204 Project Name: Pioneer Trail and Hwy. 212 Utility Improvements Contractor: S.M.Hentges&Sons,Inc. Engineer: Hansen Thorp Pellinen Olson Inc.. Nature of Changes: 1. Construction of a 1 V2"rock sediment dike across Purgatory Creek per Watershed District. 2. Construction of a rock construction entrance @ Hwy.212. 3. Existing gasmain excavation and protection. Gas company would not hold their own pipe. 4. Bad soil correction at NW corner of site. Removal of contaminated black dirt along with sand replacement and compaction. Adjustments to Contract Price: 1. Rock sediment dike $ 403.15 2. Construction entrance $ 286.89 3. Gasmain excavation and protection $ 950.36 4. Soil correction $ 1947.02 Summary of Contract Changes: Original Contract Amount: $ 319,143.71 Previous Change Orders: $ 17,349.00 Net Increase resulting from Change Order#2 $ 3587.42 Current Contract Amount including Change Order#2: $ 340,080.13 THE ABOVE CHANGES ARE APPROVED Hansen Thorp Pelli en Olson,Inc. City of Eden Prairie By: dk/ By: Date: /- 7-03 Date: THE AB RANGES ARE ACCEPTED S.M. 1-1;ge & /ns.Inc. By: Altai..L . A r Date: 1— (V+ @ DC CITY OF EDEN PRAIRIE,MINNESOTA ESTIMATE OF PAYMENT OF CONTRACT Date 1/10/03 Estimate No. 2 For period from 12-1-02 to 12-31-02 City Improvement Contract No. I.C.52-204 Name and Nature of Project Pioneer Trail&Flying Cloud Drive Utility Improvements Percent completed after this estimate 75% ORIGINAL CONTRACT AMOUNT $ 319,143.71 Change Orders No. Date approved Additions Deductions 1. 11-19-02 $17,349.00 2. Total Additions $ 17,349.00 Total Deductions $ Sub Total $ 17,349.00 Contract Amount to Date $ 336,492.71 Total Completed to Date $ 252,428.96 Materials Stored $ 0.00 Total Completed and Stored $ 252,428.96 Less Retainage 5% $ 12,621.45 Total Earned Less Retainage $ 239,807.51 Less Previous Payments $ 160,323.62 Est.No. 1 Amt. $160,323.62 Est.No. Amt. _ Est. No. Amt. Est.No. Amt. Total Previous Estimates $ 160,323.62 AMOUNT DUE THIS ESTIMATE $ 79,483.89 Payment requested this 10th day of Approved and recommended for payment this January , 2003 10th day of January ,2003 S.M. Hentges & Sons, Inc. Hanson Thorp Pellinen Olson Inc. Contractor Project En ' e 650 Quaker ve., ite 2 0 By: Jordan, 53 Approved By: By: City Engineer CITY COUNCIL AGENDA DATE: 02/03/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Planning Donald R.Uram Capital Pointe e Michael D. Franzen Requested Action Move to: • Approve a Resolution granting an extension to the Development Agreement for GE Capital/GE Fleet Services Capital Pointe by Capital Pointe. Synopsis GE Capital is requesting an extension of the 24 month time limit required in the Development Agreement for Capital Pointe. Background Information Capital Pointe received City Council approval of three office buildings totaling 360,000 square feet on November 4, 1997. Although GE Capital has pursued major tenants for this development, they have been unsuccessful to date. A condition of the GE Capital/GE Fleet Services Capital • Pointe agreement stated that if the project did not proceed within 24 months of the date of approval,the Developer would not object to City Council action to revoke the approvals granted. The City previously granted an extension on this agreement to November 1, 2001. Since this time period is now expired,the Developer would like an extension to November 4,2004. Attachments 1. Letter from GE Capital dated January 24, 2003 2. Resolution Granting Extension to Development Agreement 3. Development Agreement GE Fleet Services Three Capital Drive,Eden Prairie,MN 55344 Telephone: 952 828-1000 January 24, 2003 Mayor and City Council City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie,MN 55344 RE: Extension of Developer's Agreement for Capital Pointe Dear Mayor and City Council: Gelco Corporation d/b/a GE Fleet Services did not renew its Developer's Agreement for Capital Pointe, which expired on November 4, 2001. We herein request an extension of the Developer's Agreement to November 4, 2004. A copy of the Developer's Agreement is enclosed for your information. While the office market remains soft we continue to market the property. We would like to be assured that all the approvals granted in the Developer's Agreement would be extended by the City. We recognize that if there are major changes to the approved Agreement those changes would need to be reviewed and approved by the Planning Commission and City Council, but that minor administrative changes could be approved by the Planning Department. Thank you. Sincerely, Gelco Corporation d/b/a GE Fleet Services By ,�• Sharon Krumm Vice President, Global Sourcing CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT FOR GE CAPITAL/GE FLEET SERVICES CAPITAL POINTE BY CAPITAL POINTE WHEREAS, Capital Pointe, LLC,has received City Council approval for construction of a 360,000 square foot office fully described in a Developer's Agreement dated November 4, 1997. WHEREAS,a condition of said Developer's Agreement states that if Developer does not proceed with the project within twenty-four(24)months of the date of Agreement,Developer would not oppose City Council action to revoke the approval action,thus restoring the status of the property before the project was approved; WHEREAS,the twenty-four(24)month period ended on November 4, 2001, WHEREAS, Developer has not proceeded with Agreement at this time, and has requested approval of an extension to the Developer's Agreement until November 4, 2004; WHEREAS,The City Council has reviewed said extension request at its February 4, 2003 meeting; NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the extension of the Developer's Agreement be granted for an additional twenty-four(24)month period, ending November 4, 2004. ADOPTED by the City Council on February 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 30 DEVELOPER'S AGREEMENT GE Capital/GE Capital FIeet Services Capital Pointe • THIS AGREEMENT,made and entered into as of November 4, 1997,by Capital Pointe LLC, a Minnesota Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review on 60.29 acres, PUD District Review on 60.29 acres, Zoning District Amendment in the Office District on 60.29 acres, Site Plan Review on 60.29 acres, and Preliminary Plat of 42.31 acres into 3 lots, situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No.52-97 for Planned Unit Development District Review and Zoning District Change,Resolution No. 97-020/ Site Plan Review,Resolution No. 97-179 for Preliminary Plat, and Resolution No. 97-178 PUD . Concept Review. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated September 9, 1997, reviewed and approved by the City Council on September 16, 1997, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT 6: Developer agrees to the terms, covenants, agreements,and conditions set forth in Exhibit C. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for sanitary sewer, water, and storm sewer. Developer agrees to complete implementation of the approved utility plans concurrent with building construction and prior to issuance of any occupancy permits for the property. 51 4. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property,Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. The Developer shall certify to the City that the water quality pond"conforms to the final grading plan prior to release of the grading bond. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. B. EROSION CONTROL PLAN: Prior tb issuance of a grading permit,Developer • shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations,turf restoration procedures, and a staging plan. -All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,attached hereto and made a part hereof. Developer shall complete implementation of the approved plan in accordance with the staging plan and supplemental directives of the City under the Erosion control policy. Developer shall complete implementation of the approved plan prior to release of the grading bond. Developer shall remove any sediment that accumulates in the water quality pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. IRRIGATION PLAN: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 6. LANDSCAPE PLAN: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. 3a Prior to issuance of any occupancy permit for the Property,Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and receive City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his/her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses,then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that City will not release the security provided until Developer completes all such corrective measures to the satisfaction of the City Planner. 8. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code • requirements within the Office Zoning district through the Planned Unit Development District Review for the Property,as shown on Exhibit B,and incorporates said waivers as part of PUD A. Building height from 30 to 74 feet. B. Impervious surface from 30%to 34.52%. 9. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of any building permit for the Property,the Developer shall enter into a cross access and maintenance agreement with the adjoining proposed lots as shown on Exhibit B, attached hereto. This Agreement shall address joint vehicle access and maintenance in parking areas,driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to final plat approval for the Property,Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property,Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining • 33 walls identified on the grading plan.in Exhibit B. These plans shall include details with respect to the height,type of.materials, and method of construction to be used for the retaining walls. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for the Property. • 11. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,manner of construction, and other such information as necessary to inform the City of the kind, size,material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 12. TREE LOSS -TREE REPLACEMENT: There are 12,238 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2702 diameter inches. Tree replacement required is 796 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for • 796 caliper inches. This approved plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a 7 foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 13. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in.height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRAIL CONSTRUCTION: Prior to building permit issuance on the Property, Developer shall submit to the Director of Parks,Recreation, and Natural Resources and obtain the Director's written approval of detailed plans for trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks,Recreation and Natural Resources Director. Trails shall be constructed in the following locations: 31 A. An eight-foot wide bituminous trail to be located in City right of way along West 78th Street as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans concurrent with the construction of the loop trail shown on.Exhibit B, in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 15. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release,hold harmless,defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands,lawsuits, complaints, loss,costs (including attomey's fees),damages and injunctions relating to any acts, failures to act,.errors,omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents Developer shall not be released from its responsibilities to release,hold harmless, defend and indemnify because of any inspection, review or approval by City. but not including acts of the City relating to the Property. Not withstanding the 9;r// foregoing, IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CI OF EDEN PRAT QL •;lac—, can L. f Halo' : a or fAA Carl J. Ju 1' ' ' Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�_`_day of V�-G , 19.7, by Jean L. Harris and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. l: i!ATHLEEN I' Q•d.,76 <'�`;�"` NOTARY PUBLIC-NIINfdE,iO;x `" M; commission expires 01 31 00 No ary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Orb day of 1997, by v o /77 _ , the , of Northcoy a Minnesota Corporation, on behalf of the corporation. ■ r DEONNA M.ANDERSON NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY My Comm.Expires Jan.31,2000•vvvwwwwwwwwwwwwwwa 0,1--07i—Pi 4 L_er Notary Public • •36 Exhibit A GE Capital/GE Capital Fleet Services • • • LEGAL DESCRIPTION: • Blocks 1 , 2, and 3, Outlots A, "B, C, D, E, F, G, H, I, J, all in GELCO FIRST ADDITION according to the recorded plat thereof and situate in Hennepin County, Minnesota. DEVELOPER'S AGREEMENT EXHIBIT C Prior to release of any building permit,Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale) showing existing and proposed contours,proposed streets, and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100-year flood plain contours,ponding areas,tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks,trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof,Developer, for itself, its successors, and assigns, shall not oppose City's reconsideration and rescission of the zoning, site plan, Planned Unit Development, and preliminary plat,thus restoring the existing status of the Property before this project was approved. IV. Provisions of this Agreement shall be binding upon and enforceable against owners,their successors, and their assigns of the Property herein described. • V. Developer represents that it has marketable fee title to the Property, except: Gelco Corporation VI. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VII. Prior to release of the final plat, Developer shall pay to City fees for the first three(3) years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provided), engineering review, and street signs. VIII. City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. IX. Developer shall submit detailed water main,fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails,or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates, fails, or refuses to perform any covenant, condition,or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XL Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force or effect to the extent necessary to bring such term within the provision of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be enforceable. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Paragon Cable, a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance (80-33)of the development contemplated by this Developer's Agreement. Notice shall be sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including;Building permit fee,plan check fee, State surcharge,metro system access charge (SAC), City SAC and City water access charge (WAC). Contact Metropolitan Waste Control to determine the number of SAC units. • 3Q EROSION CONTROL POLICY January 1, 1993 EXHIBIT D MISSION STATEMENT At any given time, Eden Prairie has a large amount of property denuded of vegetation with land alteration in progress. Erosion may result from ongoing construction activities such as road and highway projects, industrial, commercial,residential development, and individual house construction. These activities are prone to erosion,producing sediment that can infiltrate storm sewer systems, affect water quality, clog streets and sidewalks, and cause damage to property. The City Council has recognized the need and directed City staff to devise a comprehensive erosion control policy. The benefits of these controls can be realized in improved water quality, increased safety and monetary savings in clean up efforts. The City Council has directed the following Policy to be implemented: 1. All construction projects permitted by the City of Eden Prairie which result in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits effected by this policy include all grading permits,building permits, and permits for the installation of utilities. • 2. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours. • 3. All erosion control systems must be maintained by the permittee in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The permittee must inspect erosion control bi-weekly and immediately after each rainfall event of.5 inches or more. Needed maintenance shall be performed within 48 hours. • 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to,rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the clean up and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway, sidewalk or trail,the permittee shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies, clean up and repair shall be immediate. Permittee shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When a permittee fails to conform to any provision of this policy within the time stipulated in a written notification,the City Engineer or the Director of Inspections may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. b. Direct the correction of the deficiency by City forces or separate contract. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs incurred by the City in correcting erosion control deficiencies shall be reimbursed by the permittee. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit,the owner shall waive •notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of the assessment. I, We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy - . dated January 1, 1993 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie,Minnesota. • Applicant's Name(Please Print) Date Applicant's Signaturec/........j7t6... Applicant's Title Office Phone No. Mobile No. Home No. Development Name: Lot: Block: Lit OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN CAPITAL POINTE LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of November 4, 1997, by and between Gelco Corporation, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): • For, and in consideration of,and to induce City to adopt Ordinance No..52•7Z for Planned Unit Development District Review and Zoning District Change,Resolution No. 9 7-20/ Site Plan Review,Resolution No.?7-19?for Preliminary Hat, and Resolution No. 97-J7f PUD Concept Review, Bevelepereerteregatts-attel-agrees-te-eelastpaetiett-upoerelevelopmeatraad erbegatenance of said P erty-as fellows: as more fully described in,that certain Developer's Agreement entered into as of November 4, 1997,by and between Capital Pointe LLC, a Minnesota Corporation, and City("Developer's Agreement"),Owner agrees with City as follows: 1. If Capital Pointe LLC,fails to complete construction and development in accordance with the Developer's Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Developer's Agreement within 24 months of the date of this Owners'Supplement, Owner shall not oppose the City's reconsideration and rescission of Ordinance No.52.97 for Planned Unit ' Development District Review and Zonin District Change,Resolution No.'7-2�l Site lan Review,Resolution No,97/7 for Preliminary Plat, and Resolution No._ 7-17 PUD Concept Review, identified above,thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property, 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer"in the Developer's Agreement. - t� IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as-of the day and year aforesaid. OWNERS OF EDEN PRAIRIE GELCO CORPORATIO BY; ,t J :rock J. •u in Jean L.Harris Mayor Sr. Mice P esident a.Secretary s_Ar.�� v • Carl J. J r! ity Manager ' STATE OF MINNESOTA ) • )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ! day of o enthet1 , 19617 ,by Jean L.Harris and Carl J. Juilie,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of said corporation. 1 , KA1f`LEEK A RORTA I (QPdI _ a.'/ afri NOTARY PUBLIC-MINNESOTA • No Public My commission expires 01 31 00 • STATE OF MINNESOTA ) . )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 12th day of November , 1997 ,by Brock• 4T. Austin ',the Sr. T.P. St. Sec. of Gelco Corporation , a Minnesota corporation , on behalf of the corporation. r r y :r KAREN FITCH s .5 '. NOTARY PUBLIC-MINNESOTA N ary Public 1.'' My Comm.E q res Jan.31,2000 • onnvvvvvvvvvvvvvvvvvvwwwwwwis Li CITY COUNCIL AGENDA DATE: 02/04/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Planning • Donald R. Uram The Heights at Valley View Amendment ' Michael D. Franzen Requested Action • Adopt the Resolution Authorizing Amendment of Development Agreement; and • Approve the First Amendment to Development Agreement for The Heights at Valley View Synopsis This is an amendment to the approved Development Agreement for The Heights at Valley View. The original legal description was incorrectly stated in the agreement and the correct legal description(Exhibit A, attached)will replace the original. Attachments 1. Resolution Authorizing Amendment of Development Agreement 2. First Amendment to Development Agreement 3. Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. -03 RESOLUTION AUTHORIZING AMENDMENT OF DEVELOPMENT 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 Development Agreement ("Agreement") dated May 7, 2002 concerning certain real property in Eden Prairie, Minnesota: and WHEREAS, the Developer and City deem it necessary and desirable to amend the Agreement as provided for in the attached First Amendment to Development Agreement. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that: The First Amendment to Development Agreement is hereby approved. The Mayor and City Manager are hereby authorized to execute the First Amendment to Development Agreement. ADOPTED by the Eden Prairie City Council on February 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk Ll5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment is made as of this 4th day of February, 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 Eden Prairie Leased Housing Associates I, a Minnesota limited partnership ("Developer"). WHEREAS, the City and Developer are parties to that certain Development Agreement ("Agreement") dated May 7, 2002, concerning certain real property in Eden Prairie, Minnesota; and WHEREAS, the legal description of the property was incorrectly stated in the Agreement; and WHEREAS,the parties desire to amend the Agreement to correct the legal description in Exhibit A. NOW,THEREFORE,the Development Agreement is amended as follows: 1. Exhibit A of the Agreement, is hereby amended in its entirety and replaced with the attached Exhibit A. 2. Exhibit F, Subsection A, of the Agreement, is hereby amended and replaced with the attached Exhibit A. 1-16 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LLC CITY OF EDEN PRAIRIE, By: By: Its: Nancy Tyra-Lukens,Mayor By: By: Its: Scott H.Neal,City Manager STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003, by , the of Eden Prairie Leased Housing Associates I, LLC, a Minnesota limited partnership, on behalf of the limited partnership. Notary STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before this day of , 2003, by Nancy Tyra-Lukens, Mayor, and Scott H. Neal, City Manager, of the City of Eden Prairie, a Minnesota municipal corporation,behalf of the corporation Notary EXHIBIT A DEVELOPMENT AGREEMENT - HEIGHTS AT VALLEY VIEW Legal Description before Final Plat Outlot E,Wilson Ridge Together with that part of the North 511.10 feet of the Northeast 1/4 of the Southwest 1/4 of Section 12, Township 116, Range 22, lying Westerly of County Road 39, and which lies easterly of the following described line: Commencing at the Northwest corner of said Northeast 1/4 of the Southwest 1/4: thence Easterly along the north line thereof, a distance of 320.68 feet to the point of the beginning: Thence South 7 degrees 59 minutes 22 seconds West, a distance of 513.22 feet to the south line of the North 511.10 feet and said line there terminating: and which lies northerly of the following described line: Commencing at the point of termination of the last described line: thence North 7 degrees 59 minutes 22 seconds East, a distance of 175 feet to the point of beginning: thence South 80 degrees 03 minutes 46 seconds East a distance of 288.97 feet to the centerline of County Road 39 and said line there terminating. Legal Description after Final Plat Lot 1,Block 1, The Bluffs At Nine Mile Creek t tj CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR February 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Second Reading of an Ordinance Amending City Code Chapter 2.30 and 2.32,Relating to yl .T . Organizational Restructuring Requested Action Move to: Approve the second reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring and adopt Resolution approving Summary Ordinance. Synopsis The City Council approved the first reading of the ordinance at the January 21, 2003 meeting. 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 Depai Intent. 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 Depai tiiient 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 Depaitiiient. 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 RESOLUTION NO. 2003- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2003 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 1-2003 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of February, 2003. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 1-2003 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 1-2003, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 1-2003 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on February 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 50 CITY OF EDEN PRAIRIE H N;NNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, 1VIINNESOTA 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. 1-2003. 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 Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. 1-2003 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. LJ 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. 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 of this Department is the Director of Public Works. All matters relating to engineering,streets,water and sewer are the responsibility of this Department. Subd. 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 Management&Budget Department Director of Management&Budget City Planner Sr.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 r Parks and Recreation Department Director of Parks and Recreation Parks and Recreation Manager Park Planner Tree Inspector Park Ranger Foreman/Supervisor Community Center Managers and Coordinators Section 3. 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 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 4th of February, 2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2003. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Scott Neal Summit Place—Mortgage Subordination y David Lindahl Agreement Requested Action Move to: ■ Adopt Resolution approving a Mortgage Subordination Agreement between the City of Eden Prairie and Bremer Bank. Synopsis Summit Place granted a mortgage to the City for the reimbursable portion of the Tax Increment Financing(TIF) it will receive over the next fifteen years. Before the project owner can close on a $550,000 loan from Bremer bank, the City must agree to subordinate its mortgage to Bremer's. Background For fifteen years,the developer will collect TIF it needs to maintain affordability on 43 units for about a 28-year period. Part of the TIF collected over the fifteen-year term will be banked by the owner to subsidize the 43 units from year 16 through 28. If the project defaults anytime prior to the end of the 28-year term, the owner is required to repay to the City any unused TIF funds. These are the reimbursable funds that are secured by a mortgage. Attachments Resolution Mortgage Subordination Agreement Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING A MORTGAGE SUBORDINATION AGREEMENT BETWEEN THE CITY AND BREMER BANK WHEREAS,Bremer Bank has extended a$550,000 real estate loan(the'Bremer Bank Loan") to SC Minnesota Properties,LLC, a Minnesota limited liability company(the"Borrower"); and WHEREAS,the Bremer Bank Loan is secured by, among other things,that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated as of December 12, 2002 (the'Bremer Bank Mortgage"), executed by the Borrower in favor of Bremer Bank, encumbering, among other things,the real property legally described on Exhibit A of the Mortgage Subordination Agreement (the"Property"); and WHEREAS, the Borrower has previously granted a mortgage lien in and to the Property in favor of the City pursuant to that certain Mortgage dated as of February 12, 2002 (the'City Mortgage"), executed by the Borrower in favor of the City; and WHEREAS, the City Mortgage was filed of record in the office of the Hennepin County Recorder on February 14,2002, as Document No. 7652273, and the Registrar of Titles on February 14, 2002, as Document No. 3502317; and WHEREAS, as a condition precedent to the making by Bremer Bank of the Bremer Bank Loan, Bremer Bank has required that the lien of the City Mortgage be fully subordinated to the lien of the Bremer Bank Mortgage. WHEREAS, the attached Mortgage Subordination Agreement has been submitted by the Developer; and WHEREAS,pursuant to the terms of the Amended Project Management Agreement dated December 18, 2002 the City agreed to subordinate the City Mortgage to all subsequent mortgage financing for the Project. NOW THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT the Mortgage Subordination Agreement attached hereto is hereby approved. The Mayor and City Manager are hereby authorized to execute the Mortgage Subordination Agreement. ADOPTED by the Eden Prairie City Council on February 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: (Seal) Kathleen Porta, City Clerk 5 MORTGAGE SUBORDINATION AGREEMENT THIS MORTGAGE SUBORDINATION AGREEMENT (this "Agreement") is made and entered into as of the 12th day of December, 2002, by the City of Eden Prairie, Minnesota, a (the "City"), in favor of Bremer Bank, National Association, a national banking association("Bremer Bank"). WITNESSETH: WHEREAS, Bremer Bank has extended a$550,000 real estate loan(the"Bremer Bank Loan") to SC Minnesota Properties, LLC, a Minnesota limited liability company(the"Borrower"); and WHEREAS, the Bremer Bank Loan is secured by, among other things, that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated as of December 12, 2002 (the "Bremer Bank Mortgage"), executed by the Borrower in favor of Bremer Bank, encumbering, among other things, the real property legally described on Exhibit A attached hereto and hereby made a part hereof(the"Property"); and WHEREAS, the Bremer Bank Mortgage has been filed of record in the office of the Hennepin County Recorder on as Document No. , and the Registrar of Titles on , as Document No. ; and WHEREAS, the Borrower has previously granted a mortgage lien in and to the Property in favor of the City pursuant to that certain Mortgage dated as of February 12, 2002 (the "City Mortgage"), executed by the Borrower in favor of the City; and WHEREAS, the City Mortgage was filed of record in the office of the Hennepin County Recorder on February 14, 2002, as Document No. 7652273, and the Registrar of Titles on February 14, 2002, as Document No. 3502317; and WHEREAS, as a condition precedent to the making by Bremer Bank of the Bremer Bank Loan, Bremer Bank has required that the lien of the City Mortgage be fully subordinated to the lien of the Bremer Bank Mortgage. NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby agrees as follows: 1. Any and all of the City's right, title and interest in and to the Property under and pursuant to the City Mortgage shall be and hereby are subject to and subordinate in all respects to the lien of the Bremer Bank Mortgage, notwithstanding the actual filing order of the City Mortgage,the Bremer Bank Mortgage or any other documents perfecting such liens. • 2. This Agreement is binding not only upon the City and Bremer Bank, but also upon the heirs, representatives, successors and assigns of each of them, and is enforceable not only by the City and Bremer Bank, but also by their respective heirs, representatives, successors and assigns. 3. The City acknowledges and agrees that Bremer Bank is relying upon the subordination contained herein in extending the Bremer Bank Loan to the Borrower. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5. This Agreement may be executed in any number of counterparts, each of which shall be an original with the same effect as if the signature thereto and hereto were upon the same document. IN WITNESS WHEREOF, the City has executed this Agreement as of the day and year first above written. CITY OF EDEN PRAIRIE,MINNESOTA By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this 4th day of February, 2003, by Nancy Tyra- Lukens, and Scott H. Neal, the Mayor and City Manager, respectively, of the City of Eden Prairie,Minnesota, a municipality,for and on behalf of the City. Notary Public THIS INSTRUMENT DRAFTED BY: Winthrop &Weinstine,P.A. (JWJA) 3000 Dain Rauscher Plaza 60 South Sixth Street Minneapolis,Minnesota 55102 8608-28 idmsmpl#533959v1 f5i EXHIBIT A (Legal Description) Unit No. 4, CIC No. 1008, Summit Place Senior Campus, together with easements` as contained in CIC Declaration,Document Nos. 7616071 (A) and 3478131 (T), as amended by First Amendment to Declaration,Documents Nos. (A) and (T), and the Declaration of Easements, Documents Nos. 7652267 (A) and 3478133 (T). 60 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4,2002 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Proposed Issuance of Multifamily Housing Management and Budget Revenue Bonds For the Heights at Valley View 51I • K Donald R.Uram Project Requested Action Move to: • Adopt Resolution authorizing the issuance of Multifamily Housing Revenue Bonds to finance a development under Minnesota Statutes, Chapter 462c and the execution of various documents in connection with the Eden Prairie Leased Housing Associates I, Limited Partnership Project (Heights at Valley View). Synopsis On December 4, 2001, the City Council gave preliminary approval to the issuance of bonds totaling $26,500,000 for The Heights at Valley View project. The City has utilized $26,500,000 of such bonding authority in the issuance of its $20,505,000 Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I Project), Series 2002 and$5,995,000 of such bonding authority in the issuance of its $5,995,000 Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I Project), Series 2002-1. These bonds are proposed to be refunded by issuing a series of new bonds including: 1. Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2003A 2. Taxable Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2003B 3. Subordinate Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2003C 4. Multifamily Housing Revenue Bonds, Series 2003D Background • MN Statutes, Chapter 462C, authorizes the City to undertake housing development projects and to issue its revenue bonds for the financing of housing development projects. The City proposes to loan the proceeds of revenue bonds to finance the acquisition and construction by Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership, of the 188 multifamily housing facility referred to as the"Heights at Valley View"project. Attachments Resolutions �1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE A DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C AND THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE EDEN PRAIRIE LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP PROJECT A. WHEREAS, the City Council on December 4, 2001, gave preliminary approval to the issuance of bonds for a certain project, and it is now proposed that there be issued Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003A (the "Series 2003A Bonds"), and Taxable Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003B (the "Series 2003B Bonds", jointly with the Series 2003A Bonds the "Senior Bonds"), by the City of Eden Prairie, Minnesota (the"Issuer"), for the Eden Prairie Leased Housing Associates I, Limited Partnership Project(the"Project"); and B. WHEREAS, the Issuer also proposes to issue its Subordinate Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003C (the "Series 2003C Bonds") and its Subordinate Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003D (the Series 2003D Bonds" and,with the Senior Bonds and the Series 2003C Bonds, the "Bonds"), to provide additional financing for the Project on a basis subordinate to the Senior Bonds; and C. WHEREAS, the Issuer has received allocations totaling $26,500,000 of bonding authority for the Bonds; and D. WHEREAS, the Issuer has utilized $20,505,000 of such bonding authority in the issuance of its $20,505,000 Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I Project), Series 2002 and$5,995,000 of such bonding authority in the issuance of its $5,995,000 Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I Project), Series 2002-1 (collectively, the "Prior Bonds"), which bonds are to be refunded by the Series 2003A Bonds, the Series 2003C Bonds and the Series 2003D Bonds; and E. WHEREAS, the Issuer has on April 16, 2002, approved the program for the issuance of the Bonds after a public hearing on the Project and said program; and F. WHEREAS, the Issuer has determined that the amount of low income housing tax credits projected to be available to the Project under Section 42 of the Internal Revenue Code of 1986, as amended, do not exceed the amount necessary for the financial feasibility of the Project and its viability as a qualified low income housing project; and G. WHEREAS, sufficient details of the revenue bonds and other aspects of the financing have been agreed to that this final bond resolution should be adopted on this date and a proposal for the revenue bonds be accepted: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. Proposal. The City Council has received a proposal from Eden Prairie Leased Housing Associates I, Limited Partnership (the "Company"), that the Issuer undertake to finance a certain Project as herein described pursuant to Minnesota Statutes, Chapters 462A and 462C and Section 471.59, as amended (collectively, the "Act"), through (a) issuance by the Issuer of the Senior Bonds in accordance with a Bond Purchase Agreement (the "Purchase Agreement") among the Issuer, Dougherty & Company LLC (the "Purchaser") and the Company, (b) issuance by the Issuer of the Series 2003C Bonds in accordance with a Subordinate Bond Purchase Agreement among the Issuer, Purchaser and Company (the "Series 2003C Purchase Agreement") and (c) issuance by the Issuer of the Series 2003D Bonds in accordance with a Subordinate Bond Purchase Agreement among the Issuer, Purchaser and Company(the"Series 2003D Purchase Agreement"). 2. Project. The Company desires to finance the acquisition and construction of a residential rental project with 188 units located at the northwest corner of Valley View Road and Flying Cloud Drive in the City (the "Project"). The Project as described above will further the policies and purposes of the Act, and the findings made in the preliminary resolutions adopted by the City Council on December 4, 2001 and April 16, 2002, with respect to the Project are hereby ratified, affirmed and approved. 3. Structure. It is proposed that, pursuant to a Loan Agreement dated as of February 1, 2003, by and between the Issuer and Company (the "Loan Agreement"), the proceeds of the Senior Bonds be loaned to the Company to finance in part the cost of the Project, directly and by refunding the Prior Bonds. The payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of,premium, if any, and interest on the Senior Bonds when due. It is further proposed that the Issuer assign its rights to the payments and certain other rights under the Loan Agreement to LaSalle Bank National Association (the"Trustee"), as security for payment of the Bonds under an Indenture of Trust dated as of February 1, 2003 (the "Indenture"). The Bonds maybe tendered for purchase optionally or mandatorily under certain circumstances, and will be remarketed pursuant to a Remarketing Agreement (the "Remarketing Agreement") by and between the Company and Purchaser. The Senior Bonds will be secured by an Irrevocable Letter of Credit (the "Letter of Credit") issued by LaSalle Bank National Association (the "Bank"). The Company will grant a mortgage and security interest in the Project to the Bank pursuant to an Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated as of February 1, 2003 (the "Mortgage"). Certain aspects with respect to the administration of the Bonds and the Letter of Credit will be governed by a Master Subordination Agreement and Estoppel Certificate dated as of February 1, 2003 among the Issuer, the Company, the Bank, the Trustee, Hennepin County, Minnwest Bank, M.V. and AMTAX Holdings 272, LLC (the "Subordination Agreement") and a Disbursing Agreement dated as of February 1, 2003 among the Company, the Trustee, the Bank,Hennepin County,the Issuer, Bremer Bank, N.A. ("Bremer Bank") and Commercial Partners Title, LLC (the "Disbursing Agreement"). Additional documents securing the Bank to which the Issuer is not a party include a Reimbursement Agreement, Pledge Agreement, Assignment of Rents and Leases and Guaranty of Payment. The Senior Bonds will be offered for sale by the Purchaser pursuant to an"Official Statement." • Certain aspects of operations of the Project will be governed by a Regulatory Agreement between the Trustee and Company dated as of February 1, 2003 (the "Regulatory Agreement"). Certain representations and covenants about the Project and the Bonds are set forth in a Tax Compliance Agreement among the Issuer, Trustee and Company dated as of the closing date (the"Tax Compliance Agreement"). It is proposed that, pursuant to a Subordinate Loan Agreement dated as of February 1, 2003,by and between the Issuer and Company(the"Subordinate Loan Agreement"), the proceeds of the Series 2003C Bonds be loaned to the Company to finance in part the cost of the Project. The payments to be made by the Company under the Subordinate Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of,premium, if any, and interest on the Series 2003C Bonds when due. It is further proposed that the Issuer assign its rights to the payments and certain other rights under the Subordinate Loan Agreement to the Trustee, as security for the payment of the Series 2003C Bonds under a Subordinate Indenture of Trust dated as of February 1, 2003 (the"Subordinate Indenture"). The Series 2003C Bonds will be secured by an Irrevocable Letter of Credit (the "Letter of Credit") issued by Bremer Bank. The Company will grant a security interest in certain tax increment revenues to Bremer Bank pursuant to a Pledge Agreement dated as of February 1, 2003 (the"Series C Pledge Agreement"). Additional documents securing Bremer Bank to which the Issuer is not a party include a Series C Reimbursement Agreement and a Series C Guaranty of Payment. The Series C Bonds will be offered for sale by the Purchaser pursuant to an Official Statement(the"Series C Official Statement"). It is proposed that, pursuant to a Subordinate Loan Agreement dated as of February 1, 2003,by and between the Issuer and Company(the "Series D Loan Agreement"), the proceeds of the Series 2003D Bonds be loaned to the Company to finance in part the cost of the Project. The payments to be made by the Company under the Series D Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of,premium, if any, and interest on the Series 2003D Bonds when due. It is further proposed that the Issuer assign its rights to the payments and certain other rights under the Series D Loan Agreement to the Trustee, as security for the payment of the Series 2003C Bonds under a Subordinate Indenture of Trust dated as of February 1, 2003 (the"Series D Indenture"). The Series 2003D Bonds will be secured by a Guaranty of Payment by certain persons who are principals of the general partner of the Developer (the "Series D Guaranty of 17LI Payment"). The Series 2003D Bonds will be offered for sale by the Purchaser pursuant to an Official Statement(the"Series D Official Statement"). Additional documents will govern other aspects of the transaction. 4. Preliminary Approval. The City Council by action taken on December 4, 2001, gave preliminary approval to the proposal. 5. Forms of Documents Submitted. Forms of the following documents have been submitted to the City Council for approval: (a) The Loan Agreement, Subordinate Loan Agreement and Series D Loan Agreement; (b) The Indenture, Subordinate Indenture and Series D Indenture; (c) The Letter of Credit documents between the Bank and Company(not to be executed by the Issuer); (d) The Series C Letter of Credit documents between Bremer Bank and the Company(not to be executed by the Issuer); (e) The Series C Pledge Agreement(to be consented to by the Issuer); (f) The Subordination Agreement; (g) The Regulatory Agreement(not to be executed by the Issuer); (h) The Tax Compliance Agreement; (i) The Purchase Agreement, Series 2003C Purchase Agreement and Series 2003D Purchase Agreement; (j) The Disbursing Agreement; (k) The Guaranty of Payment, Series 2003C Guaranty of Payment and Series 2003D Guaranty of Payment(not to be executed by the Issuer); (1) The draft Official Statement, draft Series C Official Statement and draft Series D Official Statement, as the operative drafts on the date hereof of the Official Statement, Series C Official Statement and Series D Official Statement (not to be executed by the Issuer). 6. Findings. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Indenture, Subordinate Indenture and Series D Indenture constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the federal Internal Revenue Code of 1986, as amended, and a "multifamily housing development" authorized by the Act, and furthers the purposes of the Act; (b) the findings and conclusions made by the Issuer in connection with the adoption of the housing program of the Issuer for the Project under the Act are hereby reaffirmed, including the provision of units at estimated initial rents which are designed to be affordable to persons and families of low and moderate income and other persons and families to the extent necessary in furtherance of a policy of economic integration; (c) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of a facility for use as a multifamily housing development designed primarily for occupancy by persons and families of low and moderate income and by other persons and families in furtherance of the policy of economic integration in accordance with the provisions of Minnesota Statutes, Sections 462C.05, subdivision 2 and 462A.02, subdivision 6; (d) the Project is to be located within the jurisdiction of the Issuer at a site which is easily accessible to employment opportunities, health facilities and other amenities within the City and the surrounding communities; (e) the Act authorizes (i) the acquisition and construction of the Project, (ii) the issuance and sale of the Bonds, (iii) the execution and delivery by the Issuer of the Loan Agreement, Tax Compliance Agreement, Indenture, Purchase Agreement, Subordination Agreement, Disbursing Agreement, Subordinate Loan Agreement, Subordinate Indenture, and Series 2003C Purchase Agreement, Series D Loan Agreement, Series D Indenture and Series D Purchase Agreement, (iv) the performance of all covenants and agreements of the Issuer contained in the Loan Agreement, Tax Compliance Agreement, Indenture, Purchase Agreement, Subordination Agreement, Disbursing Agreement, Subordinate Loan Agreement, Subordinate Indenture, Series 2003C Purchase Agreement, Series D Loan Agreement, Series D Indenture and Series D Purchase Agreement, and (v) the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Tax Compliance Agreement, Indenture, Purchase Agreement, Senior Bonds, Subordination Agreement, Disbursing Agreement, Subordinate Loan Agreement, Subordinate Indenture, Series 2003C Purchase Agreement, Series 2003C Bonds, Series D Loan Agreement, Series D Indenture, Series D Purchase Agreement and Series 2003D Bonds valid and binding obligations of the Issuer in accordance with their terms; (f) it is desirable that the Company be authorized, subject to the terms and conditions set forth in the Loan Agreement, Subordinate Loan Agreement and Series D Loan Agreement, which terms and conditions the Issuer determines to be necessary, desirable and proper, to complete the acquisition, construction and installation of the Project by such means as shall be available to the Company and in the manner determined by the Company, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities; (g) it is desirable that the Senior Bonds, Series 2003C Bonds and Series 2003D Bonds be issued by the Issuer upon the terms set forth in the Indenture, Subordinate Indenture and Series D Indenture and established pursuant to this resolution; (h) the payments under the Loan Agreement, Subordinate Loan Agreement and Series D Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture and the Series 2003C Bonds issued under the Subordinate Indenture when due, and the Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Indenture, Subordinate Indenture and Series D Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Site and payable during the term of the Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Indenture, Subordinate Indenture and Series D Indenture; and (i) under the provisions of Section 462C.07 of the Act, and as provided in the Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Indenture, Subordinate Indenture and Series D Indenture, the Senior Bonds, Series 2003C Bonds and Series 2003D Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the Issuer is not subject to any liability thereon; no holder of any Senior Bonds, Series 2003C Bonds or Series 2003D Bonds shall ever have the right to compel any exercise by the Issuer of its taxing powers to pay any of the Senior Bonds, Series 2003C Bonds or Series 2003D Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the Issuer except the interests of the Issuer in the Loan Agreement, Subordinate Loan Agreement and Series D Loan Agreement which have been assigned to the Trustee under the Indenture, Subordinate Indenture and Series D Indenture; the Senior Bonds, Series 2003C Bonds or Series 2003D Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer except the interests of the Issuer in the Loan Agreement, Subordinate Loan Agreement and Series D Loan Agreement which have been assigned to the Trustee under the Indenture and Subordinate Indenture; the Senior Bonds, Series 2003C Bonds and Series 2003D Bonds shall recite that the Senior Bonds, Series 2003C Bonds or Series 2003D Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the Issuer, the state or its political subdivisions, and that the Senior Bonds, Series 2003C Bonds or Series 2003D Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Senior Bonds, Series 2003C Bonds and Series 2003D Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory or home rule charter limitation of indebtedness. The Senior Bonds, Series 2003C Bonds and Series 2003D Bonds are neither a moral or legal obligation nor an annual appropriation obligation of the Issuer. 7. Approval of Forms; Execution. Subject to the approval of the City Attorney and the officers authorized to execute such documents, and the provisions of Section 12 herein, Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Indenture, Subordination Agreement, Subordinate Indenture, Series D Indenture, Tax Compliance 16; Agreement,Purchase Agreement, Series 2003C Purchase Agreement and Series 2003D Purchase Agreement, and exhibits thereto and all other documents listed in paragraph 5 hereof or otherwise necessary or appropriate to the transaction are approved (1), if submitted to this meeting, substantially in the forms submitted (except as otherwise provided for the Official Statement, Series C Official Statement and Series D Official Statement in paragraph 8 hereof) and (2), if not submitted to this meeting, in such forms as may be necessary or appropriate and approved by Bond Counsel. The Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Subordinate Indenture Series D Indenture, and Indenture, in substantially the forms submitted, are directed to be executed in the name and on behalf of the Issuer by the Mayor and City Manager. Any other Issuer documents and certificates necessary or appropriate to the transaction described above shall be executed by the appropriate Issuer officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement, Subordinate Loan Agreement, Series D Loan Agreement, Subordinate Indenture, Series D Indenture and Indenture. 8. Official Statement, Series C Official Statement and Series D Official Statement. The Issuer has been presented with a draft of the Official Statement, which is to be completed and dated on or about the date of the delivery of and payment for the Bonds. The Issuer hereby consents to the presentation of information relating to the Issuer in the Official Statement under the caption "The Issuer". The Issuer hereby finds that the information in the sections of the Official Statement captioned "The Issuer" and "Absence of Material Litigation" do not contain any untrue statement of a material fact, and hereby approves in substantially the form submitted to the City Council at this meeting such information for inclusion in the Official Statement; and the Issuer hereby ratifies, confirms and consents to the use of said sections in the Official Statement in connection with the sale of the Bonds. The Issuer has not prepared nor made any independent investigation of the information contained in the Official Statement other than the sections therein captioned "The Issuer" and "Absence of Material Litigation" and the Issuer takes no responsibility for such information. Subject to the statements above in this paragraph, the Issuer approves the form of the Official Statement and authorizes its use in connection with the sale of the Bonds. The Issuer has been presented with a draft of the Series C Official Statement, which is to be completed and dated on or about the date of the delivery of and payment for the Series 2003C Bonds. The Issuer hereby consents to the presentation of information relating to the Issuer in the Series C Official Statement under the caption "The Issuer". The Issuer hereby finds that the information in the sections of the Series C Official Statement captioned "The Issuer" and "Absence of Material Litigation" do not contain any untrue statement of a material fact, and hereby approves in substantially the form submitted to the City Council at this meeting such information for inclusion in the Series C Official Statement; and the Issuer hereby ratifies, confirms and consents to the use of said sections in the Series C Official Statement in connection with the sale of the Series 2003C Bonds. The Issuer has not prepared nor made any independent investigation of the information contained in the Series C Official Statement other than the sections therein captioned "The Issuer" and "Absence of Material Litigation" and the Issuer takes no responsibility for such information. Subject to the statements above in this paragraph, the Issuer approves the form of the Series C Official Statement and authorizes its use in connection with the sale of the Series 2003C Bonds. The Issuer has been presented with a draft of the Series D Official Statement, which is to be completed and dated on or about the date of the delivery of and payment for the Series 2003D Bonds. The Issuer hereby consents to the presentation of information relating to the Issuer in the Series D Official Statement under the caption "The Issuer". The Issuer hereby finds that the information in the sections of the Series D Official Statement captioned "The Issuer" and "Absence of Material Litigation" do not contain any untrue statement of a material fact, and hereby approves in substantially the form submitted to the City Council at this meeting such information for inclusion in the Series D Official Statement; and the Issuer hereby ratifies, confirms and consents to the use of said sections in the Series D Official Statement in connection with the sale of the Series 2003D Bonds. The Issuer has not prepared nor made any independent investigation of the information contained in the Series D Official Statement other than the sections therein captioned "The Issuer" and "Absence of Material Litigation" and the Issuer takes no responsibility for such information. Subject to the statements above in this paragraph, the Issuer approves the form of the Series D Official Statement and authorizes its use in connection with the sale of the Series 2003D Bonds. 9. Issuance; Acceptance of Offer. Subject to Section 12 hereof, the Issuer shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture, including the years and amounts of maturities of the Bonds; provided that the amounts of maturities may be sinking fund installment amounts of term bonds if so specified by the Purchaser. The Bonds shall be in an amount not to exceed $23,500,000 for the Series 2003A Bonds and not to exceed $500,000 for the Series 2003B Bonds, or in a lesser amount if the Mayor and City Manager of the Issuer determine that a smaller amount is sufficient and is desirable. The Bonds shall bear interest at the variable rates established pursuant to the Indenture, but in no event shall the interest rate or rates exceed 8% for the Series 2003A Bonds or 8% for the Series 2003B Bonds. The offer of the Purchaser to purchase the Bonds for a sum equal to the par value (one hundred percent, 100%) of the aggregate principal amount thereof as reduced by any original issue discount, is hereby accepted, and the Mayor and City Manager of the Issuer are hereby authorized and directed to execute the Purchase Agreement when the principal amounts have been so established. The Mayor and City Manager of the Issuer and other officials are hereby authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Purchaser. Subject to Section 12 hereof, the Issuer shall proceed forthwith to issue its Series 2003C Bonds, in the form and upon the terms set forth in the Subordinate Indenture, including the years and amounts of maturities of the Series 2003C Bonds (subject to adjustment of the amounts as set forth below); provided that the amounts of maturities may be sinking fund installment amounts of term bonds if so specified by the Purchaser. The Series 2003C Bonds shall be in an amount not to exceed $2,000,000. The Series 2003C Bonds shall bear interest at the rates set forth in the Subordinate Indenture, not to exceed 8.00%. The offer of the Purchaser to purchase the Series 2003C Bonds for a sum equal to the par value (one hundred percent, 100%) of the aggregate principal amount thereof as reduced by any original issue discount, is hereby accepted, and the Mayor and City Manager are hereby authorized and directed to execute the Series 2003C Purchase Agreement when the principal amounts and interest rates have been so established. The Mayor and City Manager and other officials are hereby authorized and directed to prepare and execute the Series 2003C Bonds as prescribed in the Subordinate Indenture and to deliver them to the Trustee for authentication and delivery to the Purchaser. Subject to Section 12 hereof, the Issuer shall proceed forthwith to issue its Series 2003D Bonds, in the form and upon the terms set forth in the Series D Indenture, including the years and amounts of maturities of the Series 2003D Bonds (subject to adjustment of the amounts as set forth below); provided that the amounts of maturities may be sinking fund installment amounts of term bonds if so specified by the Purchaser. The Series 2003D Bonds shall be in an amount not to exceed $2,000,000, and in the aggregate, the Series 2003A Bonds, Series 2003C Bonds and Series 2003D Bonds shall not exceed $26,500,000, and in the aggregate, the Series 2003C Bonds and Series 2003D Bonds shall not exceed $4,000,000. The Series 2003D Bonds shall bear interest at the rates set forth in the Series D Indenture, not to exceed 9.00%. The offer of the Purchaser to purchase the Series 2003D Bonds for a sum equal to the par value (one hundred percent, 100%) of the aggregate principal amount thereof as reduced by any original issue discount, is hereby accepted, and the Mayor and City Manager are hereby authorized and directed to execute the Series 2003D Purchase Agreement when the principal amounts and interest rates have been so established. The Mayor and City Manager and other officials are hereby authorized and directed to prepare and execute the Series 2003D Bonds as prescribed in the Series D Indenture and to deliver them to the Trustee for authentication and delivery to the Purchaser. 10. Records and Certificates. The Mayor and City Manager and other officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of the Issuer relating to the Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the truth of all statements contained therein. 11. Changes in Forms Approved; Absent and Disabled Officers. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the Issuer officials authorized herein to execute or accept, as the case may be, said documents; and said Issuer officials are hereby authorized to approve said changes on behalf of the Issuer. The execution of any instrument by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the event of absence or disability of the Mayor or City Manager, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the City Council by the Acting Mayor, or the person authorized to act in the stead of the City Manager, respectively, or by such other officer or officers of the Issuer as, in the opinion of Bond Counsel,may act in their behalf. 12. Future Amendments. The authority to approve, execute and deliver future amendments to the documents described herein entered into by the Issuer in connection with the issuance of the Bonds and consents required under the documents described herein is hereby delegated to the Mayor and City Manager, subject to the following conditions: (a) such Yr 70 amendments or consents do not require the consent of the holders of the Bonds; (b) such amendments or consents to not materially adversely affect the interests of the Issuer; (c) such amendments or consents do not contravene or violate any policy of the Issuer; and (d) such amendments or consents are acceptable in form and substance to the counsel retained by the Issuer to review such amendments. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this Resolution. The execution of any instrument by the Mayor and City Manager shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the Mayor and City Manager, any instrument authorized by this paragraph to.be executed and delivered may be executed by the officer of the Issuer authorized to act in their place and stead. 13. Headings; Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used,but not defined, herein shall have the meanings given them in, or pursuant to, the Indenture, Subordinate Indenture, Series D Indenture, Loan Agreement, Subordinate Loan Agreement or Series D Loan Agreement. Passed by the City Council of the City of Eden Prairie,Minnesota, this 4ch day of February, 2003. CITY OF EDEN PRAIRIE,MINNESOTA Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 7f STATE OF MINNESOTA HENNEPIN COUNTY I, the undersigned, being the duly qualified and acting City Clerk of the City of Eden Prairie, Minnesota(the "City"), DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of approximately $23,500,000 Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003A, approximately $500,000 Taxable Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003B, approximately $2,000,000 Subordinate Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003C, and approximately $2,000,000 Subordinate Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I,Limited Partnership Project), Series 2003D by the City. WITNESS my hand and the seal of the Authority this day of ,2003. City Clerk (SEAL) 015492/202837/211817_6 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Feb. 4,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims \ri I ' Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 117093 - 117422 Wire Transfers 1699— 1708 Background Information Attachments 13 City of Eden Prairie Council Check Register 2/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1699 23,176 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1700 123,236 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1701 9,278 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1702 15,487 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1703 94,985 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1704 389 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1705 1,102 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1706 2,221 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1707 277 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1708 1,061 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 117093 10,441 ASSOCIATION OF METROPOLITAN MU Dues&Subscriptions City Council 117094 101 AT&T Pager&Cell Phone Police 117095 1,200 ATKINSON,THOMAS D Due to Other Governments SAC Agency Fund 117096 69 BAGELMAN'S NEWYORK BAKERY Miscellaneous Communication Services 117097 1,200 BEUNING,JEFF Due to Other Governments SAC Agency Fund 117098 1,200 BROWN,DIANE Due to Other Governments SAC Agency Fund 117099 6,816 CENTERPOINT ENERGY MARKETING I Gas Fire Station#1 117100 120 D'AMICO AND SONS Miscellaneous City Council 117101 1,200 DORENKEMPER,VIRGINIA M Due to Other Govemments SAC Agency Fund 117102 100 DRESSER,NEOMA Refunds Environmental Education 117105 1,200 FOSLIEN,GARY Due to Other Governments SAC Agency Fund 117106 100 GOODSON,WILLIAM Refunds Environmental Education 117107 1,200 GRIER,JACK K Due to Other Governments SAC Agency Fund 117108 100 HENNEN,DANIEL Refunds Environmental Education 117109 18 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 117110 251 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions In Service Training 117111 1,500 KALKES,JAYNA Tuition ReimbursemenUSchool In Service Training 117112 8 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 117113 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields 117114 268 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 117115 1,259 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 117116 400 MN RURAL WATER ASSOCIATION Conference Expense Water Utility-General 117118 2,414 QWEST Telephone Wireless Communication 117119 1,549 Qwest COMMUNICATIONS Pager&Cell Phone Police 117120 100 SCHMIDT,CLARENCE Refunds Environmental Education 117121 1,200 SCHOENECKER,GUY Due to Other Governments SAC Agency Fund 117122 1,275 SCHUBERT,DANIEL M Due to Other Governments SAC Agency Fund 117123 1,275 SKATRUD,BERT Due to Other Governments SAC Agency Fund 117124 316 US BANK TRUST NATIONAL ASSN Paying Agent Improvement Bonds 1998A 117125 721 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 117126 1,200 VIKEN,TERRY Due to Other Governments SAC Agency Fund 117127 245 ZWIEG,JEFF Repair&Maint.Supplies City Center Operations 117128 75 CULLIGAN-METRO Operating Supplies Outdoor Center 117129 22 DRISKILLS NEW MARKET Merchandise for Resale Concessions 117130 255 GRAY,ALAN Dues&Subscriptions In Service Training 117131 402 HAMMERLIND,PETE Tuition ReimbursemenUSchool In Service Training 117132 69 HANSEN,RON Small Tools Fire 117133 50 HTCIA Dues&Subscriptions Police 117134 335,016 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 117135 105 MINNESOTA BOARD OF ELECTRICITY Licenses&Taxes Park Maintenance 117136 9,808 MINNESOTA STATE TREASURER Building Surcharge General Fund 117137 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions In Service Training 117138 100 STEWART-HESTER,RENEE Advertising Recreation Administration 117139 8 CRAIN,BETTE Program Fee Senior Center Program 117140 237 DRISKILLS NEW MARKET Merchandise for Resale Concessions 117141 317 EDP COMPUTER SYSTEMS INC Equipment Repair&Maint Information Technology 117142 37,689 GREGERSON ROSOW JOHNSON&NILA Legal Counsel General 117143 371 HENNEPIN COUNTY TREASURER Licenses&Taxes Concessions 117144 9,773 MINNESOTA VALLEY ELECTRIC COOP Improvement Contracts Charlson Area Construction 117146 572 PARK NICOLLET CLINIC Workers Comp Insurance Employee Benefits 117147 52 RIVER CITY SHEET METAL Mechanical Permits General Fund 117146 43 SUN NEWSPAPERS Legal Notices Publishing City Clerk 117149 102,212 XCEL ENERGY Electric Street Lighting 117150 37 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 117151 215 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 117152 88 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 117153 284 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 117154 2,581 BELLBOY CORPORATION Liquor Den Road Liquor Store 117155 5,206 DAY DISTRIBUTING Beer Den Road Liquor Store 117156 850 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 117157 7,216 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 117158 103 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 117159 379 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 71 City of Eden Prairie Council Check Register 2/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117160 12,630 GRIGGS COOPER&CO Misc Non Taxable Den Road Liquor Store 117161 118 HOHENSTEINS INC Beer Den Road Liquor Store 117164 17,276 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 117165 106 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 117166 15,009 MARK VII Beer Prairie Village Liquor Store 117167 1,175 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 117168 776 PEPSI COLA COMPANY Merchandise for Resale Concessions 117169 10,956 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 117170 1,141 PINNACLE DISTRIBUTING Misc Non Taxable Den Road Liquor Store 117171 925 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 117172 11,382 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 117173 17,403 THORPE DISTRIBUTING Beer Prairie View Liquor Store 117174 680 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 117175 747 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 117176 2,332 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 117177 814 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 117178 200 BATTEEN,THERESA Lessons&Classes Pool Lessons 117179 65 BOSEK,LYLE Mileage&Parking Inspections-Administration 117180 15 BRINK,MARGIE Lessons&Classes Ice Arena 117181 655 BROWN,PAUL Other Contracted Services Touch Football 117182 20 BRUSSEAU,ANN Lessons&Classes Ice Arena 117183 400 BUCK,BRENT Other Contracted Services Basketball 117184 229 CALIBRE PRESS INC Tuition Reimbursement/School Police 117185 71 CASE,KATHIE Building Capital Impr./Maint.Fund 117186 1,397 CDW GOVERNMENT INC. Deposits Escrow 117187 27,745 CENTERPOINT ENERGY MARKETING I Gas Water Treatment Plant 117188 48 COHEN,CAROLE Lessons&Classes Ice Arena 117189 118 CUMMINGS,KIM Operating Supplies Fire 117190 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 117191 11,350 DELL MARKETING L.P. Computers Information Technology 117192 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 117193 593 DISH NETWORK Cable TV Ice Arena 117194 26 DURKEE,BRENDA Lessons&Classes Ice Arena 117195 36 EBERSOHL,CHERYL Lessons&Classes Oak Point Lessons 117196 195 EDAM Dues&Subscriptions In Service Training 117197 1,889 ELAN FINANCIAL SERVICES Travel Expense City Council 117198 1,202 ESBENSEN,GEORGE Travel Expense Fire 117199 21 ESCHELON TELECOM INC Other Contracted Services Telephone 117200 52 FICKLER,MARK Lessons&Classes Oak Point Lessons 117201 85 FORTIN CONSULTING INC Conference Expense In Service Training 117202 70 GILBERTSON,MOLLY Building Capital Impr./Maint.Fund 117203 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions In Service Training 117204 87,111 GRAUS CONTRACTING INC Building Capital Impr./Maint.Fund 117205 59 HAGEN,JULIE Mileage&Parking Inspections-Administration 117206 9 HENNEPIN COUNTY Waste Disposal Park Maintenance 117207 940 HOLMES,JOHN CARTER Other Contracted Services Volleyball 117208 1,140 HOLMES,TOM Other Contracted Services Volleyball 117209 1,618 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 117210 1,984 JAYPRO SPORTS INC Operating Supplies Park Acquisition&Development 117211 193 KALKBRENNER,MICHELLE Youth Resident Community Center Admin 117212 413 LANDFORM ENGINEERING COMPANY Improvements to Land Capital impr./Maint.Fund 117213 800 LOGIN/IACP Dues&Subscriptions Police 117214 140 MARQUARDT,ESTHER Program Fee Adult Program 117215 159,427 MEDICA CHOICE Medical Bills Prepaid General Fund 117216 244 METHODIST HOSPITAL Other Contracted Services Risk Management 117217 239 METRO EROSION INC Other Contracted Services Storm Drainage Projects 117218 450 MFSCB Licenses&Taxes Fire 117219 2,129 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 117220 30 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 117221 998 NATIONAL TACTICAL OFFICERS ASS Tuition Reimbursement/School Police 117222 81 NESBITT,DENNY Mileage&Parking Inspections-Administration 117223 65 OTTEN,DAN Mileage&Parking Inspections-Administration 117224 101 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 117225 316 PETTY CASH Mileage&Parking Community Center Admin 117226 7,343 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 117227 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 117228 5,254 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 117229 28 QUICKSILVER EXPRESS COURIER Postage General 117230 3,056 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 117231 54 ROYBAL,HELENE Lessons&Classes Ice Arena 117232 200 SILENZI,WARREN Parking Permits Parking 117233 26 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 117234 124 STARK,CHRISTINE Events/Admission Fee Ice Show -75 City of Eden Prairie Council Check Register 2/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117235 118 SUN NEWSPAPERS Legal Notices Publishing City Clerk 117236 100 TCALMC Conference Expense In Service Training 117237 48 TIBEBU,JOLANTA Lessons&Classes Ice Arena 117238 41 VANCE,DIANE Lessons&Classes Oak Point Lessons 117239 402 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 117240 96 WATSON,BECKY Lessons&Classes Ice Arena 117241 160 WESTACOTT,JOEL Operating Supplies Staring Lake Concert 117242 400 WIERSMA,LUKE Other Contracted Services Basketball 117243 200 WILHELM,CANDACE Lessons&Classes Pool Lessons 117244 2,044 XCEL ENERGY Principal Traffic Signals 117245 1,186 ZAHN,GERALD Other Contracted Services Volleyball 117246 28 ABULLARADE,CAROL Program Fee Ski Trips/Winter Camp 117247 9,684 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Airport 117248 140 AMERICAN PLANNING ASSOCIATION Dues&Subscriptions In Service Training 117249 20 BOLAND,MICHAEL Program Fee Senior Center Program 117250 56 DAHLE,MARY Program Fee Ski Trips/Winter Camp 117251 28 FISHER,PAUL Program Fee Ski Trips/lNinter Camp 117252 13,954 GMAC Autos Public Safety 117253 330 HOME DEPOT/GECF Operating Supplies General Facilities 117254 435 HYDROLOGIC WATER MANAGEMENT SY ' Conference Expense In Service Training 117255 661 METRO SALES INCORPORATED* Equipment Repair&Maint General 117256 204,187 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 117257 28 NEHOTTE,TONY Program Fee Ski Tripsnter Camp 117258 28 PECK,RICK Program Fee Ski Trips/Winter Camp 117259 12 RAMETTE,SHIRLEY Program Fee Special Events&Trips 117260 28 RAMSAY,MARLA Program Fee Ski Tripsnter Camp 117261 930 RICHFIELD,CITY OF Autos Public Safety 117262 60 SENSIBLE LAND USE COALITION Miscellaneous In Service Training 117263 28 STENE,LISA Program Fee Ski Trips/Winter Camp 117264 28 SUMMERS,PATRICIA Program Fee Ski Trips/Winter Camp 117265 555 T&T MECHANICAL Plumbing Permits General Fund 117266 16 THIEDE,BETH Program Fee Preschool Events 117267 75 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 117268 20 UNIVERSITY OF NORTH DAKOTA Conference Expense In Service Training 117269 28 ALTMANN,GINA Program Fee Ski Tripsnter Camp 117270 100 BAYER,JAMES Refunds Environmental Education 117271 59 FADDEN,TIMOTHY Mileage&Parking Inspections-Administration 117272 75 FDSOA Dues&Subscriptions Fire 117273 60 FIT IN THE CITY Conference Expense In Service Training 117274 40 IKI INC Other Contracted Services Senior Center Program 117275 56 IPMA Operating Supplies Human Resources 117276 17 JACOBSON,MERTON Wages No Benefits Elections 117277 100 KRUHOEFFER,LAUNE Refunds Environmental Education 117278 100 KUCERA,TERRY Refunds Environmental Education 117279 74 MANN,TRIA Mileage&Parking Senior Center Administration 117280 3,654 METRO SALES INCORPORATED* Office Supplies General 117281 65 MFEA Dues&Subscriptions In Service Training 117282 567 MINNETONKA,CITY OF Deposits Escrow Fund 117283 48 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 117284 516 OLD LOG THEATER Special Event Fees Senior Center Program 117285 109 QWEST Telephone Telephone 117286 100 RAMUNNO,TONY Refunds Environmental Education 117287 100 SCHAFER,JUDY Refunds Environmental Education 117288 8 SCHMIDT,ENIDELLE Program Fee Senior Center Program 117289 564 SCIENCE EXPLORERS Instructor Service Special Events&Trips 117290 199 SKILLPATH SEMINARS Conference Expense in Service Training 117291 100 SLETTEN,CHARLES Refunds Environmental Education 117292 643 THOMPSON,RANDY Tuition Reimbursement/School In Service Training 117293 100 TRAUGHBER,THOMAS P Refunds Environmental Education 117294 100 VOS,PETER Refunds Environmental Education 117295 62 WEEDMAN,NICOLE Operating Supplies Youth Programs Administration 117296 8 WELLS,MARTHA Program Fee Senior Center Program 117297 684 WESTACOTT,JOEL Mileage&Parking Human Resources 117298 508 A TO Z RENTAL CENTER Other Rentals Storm Drainage 117299 1,042 ACCELERATED BUSINESS CREDIT CO Capital Under$2,000 Water System Maintenance 117300 179 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 117301 50 AMERICAN RED CROSS Other Contracted Services Pool Lessons 117302 1,425 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Treatment Plant 117303 797 ANCHOR PAPER COMPANY Office Supplies General 117304 16 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services 117305 413 BDH&YOUNG Other Contracted Services Fire Station#1 117306 2,001 BENSHOOF&ASSOCIATES INC Deposits Escrow 117307 887 BIFFS INC Waste Disposal Park Maintenance City of Eden Prairie Council Check Register 2/4/2003 Check# Amount Vendor!Explanation Account Description Business Unit 117308 72 BLACK&VEATCH Other Contracted Services Utility Improvement Fund 117309 266 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 117310 3,534 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund 117311 236 BRO-TEX INC Equipment Parts Fleet Services 117312 110 BRO-TEX INC Safety Supplies Prairie Village Liquor Store 117313 266 BROCK ENTERPRISES,INC. Recreation Supplies Pool Lessons 117314 1,065 CENTRAIRE INC Equipment Repair&Maint Den Road Liquor Store 117315 263 CLAREYS INC Small Tools Fire 117316 657 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 117317 99 CORPORATE EXPRESS Operating Supplies General 117318 31 CROWN MARKING INC Office Supplies General 117319 44. CULLIGAN Operating Supplies Fire 117320 5,138 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant • 117321 62 DALCO Cleaning Supplies Maintenance 117322 1,256 DAVIES WATER EQUIPMENT CO Repair&Maint.Supplies Water System Maintenance 117323 800 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 117324 11,082 DISPLAY ARTS Building Repair&Maint. Water Treatment Plant 117325 10,060 DRT TRANSPORT Other Contracted Services Lime Sludge 117326 716 EARL F ANDERSEN INC Repair&Maint.Supplies Park Maintenance 117327 940 ESCHELON TELECOM INC Other Contracted Services Telephone 117328 15 ESPRESSO MIDWEST INC Operating Supplies Street Maintenance 117329 198 ESS BROTHERS&SONS INC` Repair&Maint.Supplies Storm Drainage 117330 1,126 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint.Fund 117331 17 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 117332 74 FIRE FINDINGS Dues&Subscriptions Fire 117333 183 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant 117335 4,182 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms Maintenance 117336 108 GALLERY COLLECTION,THE Miscellaneous City Manager 117337 326 GREATAMERICA LEASING CORP. Other Rentals General 117338 151 HALDEMANN HOMME INC Printing Assessing 117339 47,790 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 117340 183 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 117341 613 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 117342 948 HENNEPIN TECHNICAL COLLEGE Operating Supplies Senior Center Program 117343 10,080 HONEYWELL INC. Other Contracted Services Water Treatment Plant 117344 132 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 117345 258 IDEXX DISTRIBUTION CORP Operating Supplies Water Treatment Plant 117346 24 IND SCHOOL DIST 272 Building Rental Art&Music 117347 623 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 117348 935 JANEX INC Cleaning Supplies Maintenance 117349 9,565 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 117350 3,000 KERN DEWENTER VIERE LTD. Audit&Financial Finance 117351 555 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Storm Drainage Projects 117352 326 LAB SAFETY SUPPLY INC Equipment Repair&Maint City Center Operations 117353 120 LAKEVILLE ATHLETICS Operating Supplies Ice Arena 117354 1,662 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 117355 98 LESCO INC Landscape Materials/Supp Storm Drainage 117356 111 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 117357 41,290 MASYS CORPORATION Software Maintenance Information Technology 117358 773 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 117360 1,224 MENARDS Equipment Repair&Maint Park Maintenance 117361 97 METROPOLITAN FORD Equipment Parts Fleet Services 117362 90 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 117363 1,102 MINN BLUE DIGITAL Equipment Repair&Maint Engineering 117364 260 MINNESOTA CONWAY Safety Supplies Fire 117365 44,928 MINNESOTA VALLEY ELECTRIC COOP Improvement Contracts Charison Area Construction 117366 1,874 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous Prairie View Liquor Store 117367 46 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 117368 20 MINNETONKA,CITY OF Conference Expense In Service Training 117369 1,307 MTI DISTRIBUTING INC. Equipment Parts Fleet Services 117370 380 MUNICILITE Equipment Parts Fleet Services 117371 2,156 NATIONAL WATERWORKS Landscape Materials/Supp• Storm Drainage 117372 1,756 NETIQ CORPORATION Software Information Technology 117373 393 NORTHERN TOOL&EQUIPMENT CO. Operating Supplies Street Maintenance 117374 929 NORTHWEST BUSINESS SYSTEMS Office Supplies General 117375 219 OLSEN COMPANIES Equipment Parts Fleet Services 117376 539 OSI BATTERIES INC Operating Supplies Fleet Services 117377 1,902 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 117378 763 PITNEY BOWES Equipment Repair&Maint General 117379 208 POWER SYSTEMS Equipment Parts Fleet Services 117380 8,110 PRAIRIE ELECTRIC COMPANY Other Contracted Services Street Lighting 117381 300 PRECISION BUSINESS SYSTEMS INC Other Contracted Services Water Utility-General 117382 30 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services f City of Eden Prairie Council Check Register 2/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117383 29 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions In Service Training 117384 257 RCM&ASSOCIATES Operating Supplies Telephone 117385 28 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 117386 7,033 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 117387 493 SANCO CLEANING SUPPLIES Cleaning Supplies Water Treatment Plant 117388 361 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 117389 293 SEELYE PLASTICS INC Repair&Maint.Supplies Water Treatment Plant 117390 31,330 SHORT ELLIOT HENDRICKSON INC Design&Engineering Construction Fund 117391 113 SHRED-IT Waste Disposal City Center Operations 117392 826 SNAP-ON INDUSTRIAL Small Tools Fleet Services 117393 794 SNAP-ON TOOLS Small Tools Fleet Services 117394 1,382 SNELL MECHANICAL INC Equipment Repair&Maint Pool Maintenance 117395 967 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 117396 100,947 SRF CONSULTING GROUP INC Deposits Escrow 117397 56 STANDARD SPRING Equipment Parts • Fleet Services 117398 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 117399 405 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 117400 125 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 117401 497 SULLIVANS UTILITY SERVICES INC Building Repair&Maint. Public Works/Parks 117402 5,425 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 117403 435 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 117404 2,000 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 117405 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 117406 100 TIME WARNER CABLE Cable TV Fire 117407 19 TOTAL REGISTER Operating Supplies Prairie View Liquor Store 117408 40 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 117409 42 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 117410 3,583 VESSCO INC Equipment Parts Water Treatment Plant 117411 360 VIKING ELECTRIC SUPPLY Operating Supplies Traffic Signals 117412 40 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 117413 94 W GORDON SMITH COMPANY,THE Operating Supplies Fire 117414 432 WW GRAINGER INC Equipment Parts Fleet Services 117415 1,483 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 117416 904 WATSON CO INC,THE Merchandise for Resale Concessions 117417 101 WEST WELD Equipment Parts Fleet Services 117418 490 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 117419 359 WM MUELLER AND SONS INC Gravel Storm Drainage 117420 229 WOLF CAMERA Video&Photo Supplies Fire 117421 307 ZEP MANUFACTURING CO Equipment Parts Fleet Services 117422 75 ZIEGLER INC Equipment Parts Fleet Services 1,898,953 Grand Total ---1g CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Amendment to Section ITEM NO: Parks and Recreation 9.04 Relating to Rules and Regulations Robert A. Lambert Director Governing Public Parks Restricting the Use of Df . A A . Dangerous Weapons or Projectiles on Public Parkland Requested Action: Motion: Move to approve the first reading of Ordinance amending City Code, Chapter 9 by amending Section 9.04 Relating to Rules and Regulations Governing Public Parks. Background: There are a number of locations throughout the park system where people have developed sites for paint ball games. Other park users have called the Police Department with concerns about "people in camouflage dress and guns" running around in the parks. The existing City Ordinance restricting the discharge of dangerous weapons does not clarify the type of dangerous weapons or projectiles that should be restricted from use in public parks. The language for this proposed ordinance is borrowed from Three Rivers Park District ordinance and has been approved by the Police Department as sufficient to address the issues that would be of concern in public parks. City Staff recommend approval of this amendment to Chapter 9 of the City Code. 19 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 9.04, subd. 2, is amended to add subpart(J) as follows: J. "Paint ball gun"means every device,by which a person may expel a thin-skinned, paint-filled, gelatin capsule known as a paint ball. Section 2. City Code Section 9.04, subd.,4, is amended to add subpart(AM) as follows: AM. On public property, have possession, fire or discharge, or cause to be fired or discharged across, in, or into any portion of park any gun or firearm, spear, bow and arrow, cross bow, sling shot, air or gas weapon, paint ball gun, or any other dangerous weapon or projectile, except for purposes designated by the Director. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of 2003. CITY COUNCIL AGENDA DATE: February 4,2003 SECTION: Petitions,Requests and Communications DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 96-5405 ITEM NO.: Engineering Division Approve Preliminary Layout for the CSAH 4 Rodney W. Rue (Eden Prairie Road)/Valley View Road Eugene A. Dietz Intersection Improvements Requested Action Move to: Adopt resolution approving the preliminary layout for the CSAH 4 (Eden Prairie Road)/Valley View Road Intersection Improvements. Synopsis This layout was developed to indicate the proposed improvements for the second phase of the intersection improvements at CSAH 4 (Eden Prairie Road)/Valley View Road. (The first phase of the project was the CSAH 4/High School Entrance project which extended southerly to the Valley View Road intersection). The second phase of this project was delayed until the completion of the TH 5/TH312 improvements. With the approval of this layout, the final construction plans will be finalized and right-of-way acquisition by Hennepin County will begin. Background Information This project involves re-constructing three legs of this intersection with a 4-lane typical section on all three legs. It is proposed to also include left and right turn lanes on both Valley View Road approaches, as well as double left turn lanes on the northbound CSAH 4 (Eden Prairie Road) approach. In addition to the intersection improvements, it is proposed to extend the 4-lane divided section on Valley View Road past the Community Center entrance. This project will be financed with State Aid funds. Staff has conducted two neighborhood meetings with local residents. The main comment from the recent meeting was that some residents didn't see a need for this project, although that was not mentioned during the first open house. In particular, the need for the project was questioned due to traffic volumes and accidents. We have reviewed the existing (1996 and 2002) and forecasted (2017) traffic volumes. We determined that there has been a slight decrease in traffic volumes from 1996 to 2002 primarily due to TH 5/TH312 improvements. However, the forecasted volumes (2017) on each leg of the intersection increase between 20% to 70% over 2002 volumes. In addition, the accident rate at this intersection is above the county average. Attachment Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVAL OF COUNTY STATE AID HIGHWAY(CSAH 4)/VALLEY VIEW ROAD PRELIMINARY LAYOUT NO. 1 C HENNEPIN COUNTY PROJECT NO. 9726 CITY OF EDEN PRAIRIE I.C.NO.96-5405 WHEREAS, Preliminary Layout No. 1C dated January 14, 2003, for Hennepin County Project No. 9726 (I.C. 96-5405), showing the proposed improvements of County State Aid Highway 4 and Valley View Road within the limits of the City,has been prepared and presented to the City. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota: 1. That Preliminary Layout No. 1C is in all things approved for the reconstruction of CSAH 4 from Westgate Drive to Valley View Road and for Valley View Road from the Community Center entrance to Walnut Court. 2. That Hennepin County is hereby authorized by the City to acquire all rights of way, permits, and/or easements required for said improvements in accordance with Layout No. 1C. 3. That the City agrees to ban the parking of motor vehicles at all times and to provide enforcement for the prohibition on on-street parking on those portions of said Project No. 9726 within its corporate limits. ADOPTED by the Eden Prairie City Council on February 4,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: February 4, 2003 SECTION:Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Round Lake Water ITEM NO: Parks and Recreation Quality Monitoring Report and Recommendations (, C Robert A. Lambert Director for Round Lake for 2003 Requested Action Motion: Move to accept the 2002 Round Lake Water Quality Monitoring Report and request the Riley-Purgatory-Bluff Creek Watershed District to authorize monitoring of Round Lake in 2003 for the third and final year of the Round Lake Water Quality Improvement Project. Synopsis Attached to this memorandum is a memorandum from Hal Runke, Limnologist at Barr Engineering and consultant to the Riley-Purgatory-Bluff Creek Watershed District. The Watershed District has committed to monitoring the water quality of Round Lake each year during the Round Lake Water Quality Improvement Project initiated two years ago. That project,permitted by the Department of Natural Resources, authorizes the City of Eden Prairie to apply Clarify to biologically reduce the availability of nutrients in the lake. The project was to be for up to three years of assessment prior to completing the evaluation. The first year, 2001, was a dry year and resulted in a dramatic improvement in water quality reducing the average trophic state index to 48 compared with a 60 in 1997, (a trophic state index of less than 57 is required for full support of recreational activities such as swimming). In 2002 Eden Prairie experienced high precipitation conditions during the summer months and water quality was generally poorer than conditions observed in 2001,with an average tropic state index value of 56 as compared with the 2001 trophic state index average of 48. Staff recommends authorizing the use of Clarify again in 2003 with Barr Engineering monitoring lake water quality conditions one more year prior to making a recommendation on whether or not Clarify should be continued after this year. Staff have structured the contract for the use of Clarify to provide a high incentive for the contractor, Greener Pastures, to be successful. The first year of the contract was for $20,000 at the beginning of the contract and an additional $20,000 provided the average trophic state index was 48 or less. The contractor reached his goal in 2001. The second year of the contract, 2002, called for a $20,000 down payment at the beginning of the year with a $15,000 payment at the City Council Agenda 2/4/03 Round Lake Water Quality Page 2 end of the year provided the average trophic state index was 48 or less. In 2002 the contractor did not meet that goal. Staff would recommend a similar contract for 2003 and request the Riley-Purgatory-Bluff Creek Watershed District to fund the monitoring of Round Lake again in 2003. At the end of 2003, staff would recommend that City staff, staff from the DNR, and the staff from Barr Engineering, the consultant for the Riley-Purgatory-Bluff Creek Watershed District, meet to discuss the results of the three year experiment and arrive at a consensus for a future management plan for Round Lake. Attachment Memorandum from Barr Engineering Company U f Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax:952-832-2601 • www.barr.com BR i Minneapolis. MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO Memorandum To: RPBCWD Board of Managers From: Hal Runke,Limnologist Subject: 2002 Round Lake Water Quality Monitoring Report Date: December 4,2002 Project: 23/27 E07 HMR 001 c: Dr. David Wright, Mn/DNR During 2002,the water quality of Round Lake was monitored again, as it was in prior years, in support of a Mn/DNR aquatic Plant Management.Permit issued to the City of Eden Prairie. The 2002 monitoring program focused on three main topics including: • In-Lake Water Quality Conditions, including concentrations of total phosphorus and chlorophyll a,plus Secchi disc transparencies. These are all indicators of the abundance of phytoplanktonic.algae in Round Lake. • Computation of 2001 Runoff Water and Phosphorus Loads to Round Lake from Subwatershed RLP,its largest contributor. This was done to complete interpretation of runoff data collected last year(2001), for comparison to similar data collected in 1997,the year of monitoring upon which the Round Lake UAA was based. • Aquatic Macrophyte(i.e., lake weed)Surveys during June and August to determine if changes in aquatic plant communities had occurred since treatments were made. ::ODMA\PCDOCS\DOCS\237637\1 �5 To: RPBCWD Board of Managers From: Hal Runke,Limnologist Subject 2002 Round Lake Water Quality Monitoring Report Date: December 4,2002 Project: 23/27-E07 HMR 001 Copies: Dr.David Wright,Mn/DNR Page: 2 In-Lake Water Quality Conditions The results of 2002 water quality monitoring are illustrated in the following three graphs of total phosphorus and chlorophyll a concentrations, and Secchi disc transparencies. Water quality during 2002 was generally poorer than conditions observed in 2001, with an average Trophic State Index (TSI avg.)value of 56 (3-parameter average), as compared with a corresponding 2001 TSI avg. of 48. The latter value is indicative of better quality, and we previously attributed the improved 2001 quality (as compared with 1997 conditions) to a reduced amount of runoff reaching the lake during summer growing season. This preliminary conclusion has been corroborated by completion of hydrograph analyses of runoff data collected during 2001. Those results, described next,indicate both the timing and amounts of runoff reaching the lake are important determinants of summer water quality conditions. ::ODMA\PCDOCS\DOCSi237637\1 Round Lake (Eden Prairie, MN) 110 T 72 • r 'j7 /�v/ li lI, 100 �;;� !1. 'Y!'! .rt::.!' •r• t;;ir,f ::;!,r...,,.1'..f!t•:,Jt V '''!'! .f. i.,.;1.,!!'1°.. ,1 t:::.!,^I':-.1; Sqr..;•t! ,+•� 1.,,,f i.;.. iiiiii. 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J 1 ,il I I r mot-+ s Ijfitil, !1??il,F,ftlj!!r,ll'lt t.l�r!?':it.±.?f,?'i tI'(i!Il iiimpi 57 40 l+Level II:Full Support of Swimmable Use,but Threatened ,11t$1 l�(� t !itilingililii'(p 1.7t'. 0 II(It( a(1,!t(iftitiii11tN1 , rr ',1r IlSr,Jl, .. t !' !I re+1 •! .,.� lr.il' t !'!. i!j'lt+J' 1 `1'?7 I'�tll ±ft�±tlf(';r!'�jilrll?jilt It,1111i,1111 Mgt; '`•f?Il(tl'"tl?','�,J!!1rtr,(r±- +rt�+ljf'il'l UJpf('I(iltr r+((l Jr t l' 1(f f;to 'r "1t'I ft dl" 1 J, tt(t l`),rr r 111 t'!±t r(111111 '1 iIi++I+ f'iI ! t': r111 1!'�t't (lint!, itl lit t�"'!�lft l Philr 11 !Jibili ,i' -lt• t ' 11 , 111 L! (liltt Ir i,t It 1,'l I ,,i`t!!?(..Milt• :i(r �(.11 Ali r ��rlr �t rlltl lri ftl ,: r tG�'f 1,14181 d 1,/11f't 1 ti(Ir•' ft'll t�l'1 r':j , !.!,'i,, tlr 'r(.ltj r 'J�,,�!i ,,,,t,till �tj'- t,lf'tlt't I, 't l('�t ( 'l� �� ! 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I1 'Jill1 111 1�''lt�t'-11!!,11tr1!lit:r i,,, Itt1l,ltl!,tu�„ !Itl�ir,flrltllf;rell iJ11/" lfl11'!;i;i�t11111!(�Ji.il llljl't it1lt it ti t,i liinIJ' I11Irl jf i f qi it t 'i t�i 1 ' !�l' 1� ,(II;it J! l)I!I''(i�, i!1'r 1 f i I ' 1 t,)�J J rt i i l'1 '(� 'I'� �� L �� I I il'�li,II �' t it)�1i,i'lr'1'Level II: Full Support of 1 i i. i' i,�,.g if ', It id t 1 III��iiiiiii �''�1'11�I 111 1$1111 �t it �ii1 it 1 I �t i� �l!t t.i ili,i rj,�,11�1111ti,.bh tll�',!llp, �111�h'lillh ri f M f!;�l,i!11,f!, I,iilii6 itlt��!ii '!1 f f 6i�(1j 1 i i N , ,11,4,iiiiiii;iilli,iiidliliiiiiiiii,lifsI+f002SummerAvera a TSI =57 ,1i i lj f i , ,i+ ! �it/ li! ill SwimmableUse buttft�11�i 1(t!'�li ���'+�t�lf��;� 1,, 'I 9 Chla i1111111111Silliiiii1111111191/11/11L,' , � , f t I l t,Threatened t , ,' , I'j�,i ��,! t1,tt�ti� !'iiii!'( JI ( J'f 'lll!�11(il�l'I !t� � � �ttli !,r , i , , i, � ! )1 j) � ij.�(�,t�� 1��t1t ( ���i� ������l � (��11 1 �( ,.i i+ ji. ! 1 1'11'T,1,,Ititiu!t1 i 1 t bill:llll����i'1��„i iI��il �vi1.i��liG��r+�lilllllli,��l11�'6�t ri.( 1.r 1, tf r ( � � ItGI r l ii,, lrl(H•li l i , l itn �il�! „ LI ! ip I,o�d'li�l� r,,I,1II i;if "/::1�1ift 1,,011,,!..it�11,tdt�,1 ?�V4''i�'iii 11 t, 10 "l„ r( G!i��i l l 1:,�.�i.'li,��,1 t, ��1,1!:,'�lli.'a t�,i ilnt'�t1.'�,ILiI�, �� i i`.�ijt I 2001 Summer Average TSlcnta=49 a 53 0. l ,\. 14/ Level l: Full Support of Swimmable Use 5 ��* • 46 / 2002 ', �-2001 0 . 5 1 -I-1997 1-Apr 1-May 31-May 30-Jun - 30-Jul 29-Aug 28-Sep 12/27/02 P:12312710531Round2002Graph(boatguy).xlsp` 12:57 PM Round Lake (Eden Prairie, MN) 0 126 'i l 1'' ' l r I I! 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SCWY'i iM2+ '.fi C4 CL 1 0 •■� , F- t\ `, j II , — Level l: Full Support of v '\ / �' 1 Swimmable Use CD 3 / 44 2001 Summer Average TSIsp=48 2002 --• —2001 —Pi-1997 4 . g , ',40 1-Apr 1-May 31-May 30-Jun 30-Jul 29-Aug 28-Sep Q 12/27/02 P:12312710531Round2002Graph(boatguy).xls U 12:58 PM To: RPBCWD Board of Managers From: Hal Runke,Limnologist Subject: 2002 Round Lake Water Quality Monitoring Report • Date: December 4,2002 Project: 23/27-E07 HMR 001 Copies: Dr.David Wright, Mn/DNR Page: 6 • 2001 Runoff Water and Phosphorus Loads During 2002, we completed analyses of 2001 runoff data collected from the gaging station located at the outflow point of Subwatershed RLP,the lake's largest contributor of water and phosphorus. This was done in order to compare the quantities and timing of runoff deliveries to the lake. Results of the 2001 runoff monitoring, as extrapolated to the complete summer by P8,is shown on the three panels of the following illustration. Daily precipitation, and resultant runoff flows and phosphorus concentrations are all presented for the April through September period. For comparative purposes, the corresponding 1997 data are also presented on the subsequent 3-panel illustration. Viewing these data it is obvious that most of the summer rainfall gaged during 2001 fell early in the summer, before mid-June, while 1997 summer precipitation fell after mid-June. These facts can be more clearly seen in the subsequent two graphs illustrating the cumulative runoff water and phosphorus loads discharged to Round Lake from Subwatershed RLP during 1997 and 2001. It appears that delivery of runoff phosphorus to the lake during the mid-summer period of 1997, when algal growth conditions (e.g., water temperature, sunlight,photo period, etc.) were near-optimal,had a far greater fertilizing effect on the lake phytoplankton than did earlier deliveries of similar annual amounts of water and phosphorus did in 2001. Earlier biological uptake and subsequent settlement of assimilated phosphorus is the likely reason for the lower yield in summer phytoplankton during 2001. ::ODMA\PCDOCS\DOCS\237637\1 93 Round Lake Daily Precipitation 2.5 _cif 2 = 1.5 0 1 ii 0.5 L 0 I. I u11 1111i .I 11 I. I . I . 4/1 4/26 5/21 6/15 7/10 8/4 8/29 9/23 Time ®2001 Round Lake P8-Estimated Inflow Hydrograph D/S of RLP Outlet 12 10 88 6 I I 4 � 1 r n A A 4/1 4/26 5/21 6/15 7/10 8/4 8/29 9/23 Time —2001 Round Lake P8-Estimated Total Phosphorus Pollutograph D/S of RLP Outlet 1.0 2 0.8 E 0.6 • 0.4 0.2 .. I� Al In v)l 1 M 0.0 4/1 4/26 5/21 6/15 7/10 8/4 8/29 9/23 Time —2001 12/27/02 P:\23127\E071P8Loadings.xls 1:08 PM CI Round Lake Daily Precipitation 2.5 2 .= 1.5 0 a 1 (78 0 0.5 0 _ r. .�� II I � � r l lLI 1. i II L I I I I 4/1 4/26 5/21 6/15 7/10 8/4 8/29 9/23 Time 111997 Round Lake P8-Estimated Inflow Hydrograph D/S of RLP Outlet 12 10 8 1 6 l I! o ( it 4 2 0 „ /11A, ,A. A n AAA , . 4/1 4/26 5/21 6/15 7/10 8/4 8/29 9/23 Time • —1997 Round Lake P8-Estimated Total Phosphorus Pollutograph D/S of RLP Outlet 1.0 0.8 rn 0.6 ( I f N �► Fr 0.4 i I 0.2 I ! I_IA T r 0.0 I �11 I ! 4/1 4/26 5/21 6/15 7/10 8/4 8/29 9/23 Time 1997 /''� 12/27/02 P:1231271E071P8Loadings.xls 91 1:08 PM 4 co LI:. _ N 0) 4 co 'I:A - 0) • o. T J C y- O U) o 0 - co 0) C li: 'a , cu 4 co j J o i - T 0) O JLL a) E C d H C) co co aI L - N CO CD 44..."-Th 03 - c.v.; M T O N CU 0 E T N Ls) W r 00 a T - N d T N N T T (woe)j}ounli aoeling anneinwn3 co - N , "II 44 d M t O ' _ M C a CO I N i t O i o d L ti O J Q. a> E � s , O �' o - N H dco Ill iirE 'V OLLI N N ! in - N 'd' i Millw.41111k ti coo in m N O O (61I) peol di.anilelnwnO 1 Li To: RPBCWD Board of Managers From: Hal Runke,Limnologist Subject: 2002 Round Lake Water Quality Monitoring Report Date: December 4,2002 Project 23/27-E07 HMR 001 Copies: Dr.David Wright,Mn/DNR Page: 11 Aquatic Macrophyte Surveys The aquatic macrophyte (i.e.,lake weed)communities of Round Lake were surveyed in June and August of 2002. This was done in order to determine if any major changes in either the depth ranges or species composition of the plant communities changed in comparison to prior years' observations. Data were collected along the four transects shown on the attached maps, and results are tabulated in the following tables. Inspection of these data revealed no shifts or changes occurred during 2002. The aquatic plant community remains basically the same as it was in the recent past. ::ODMA\PCDOCSMOCS\237637\1 95 li."---------"------.. •-.'. i/ , - i ; .. ' --..... .. .-.4, ,.. 1.0 5.g 2.0 '- 3.0 . . ,,. ,----,- '-,--7,..-.,.--',- \ 3---.---, -\-. 4 . 9.0 ,_ _____ - ,/ ° — _ \ \ \, i B.5. - • OP' / i , 1 _____ _„,_.-- ----- • \ \ ' 1;1" 9q . -.. --- ss.,...=--,------D n .. 6:'''''''- . • ,i . • ‘__ ------= -- ..' .._____,,--....-,--- gi i ar \ ''' ' 44, . % s*, f. \\ NA.,570 \ 43 I.- • / / .. • . I g 9. 3 Is •• 4.116 3 ...24'1ELVL-11114.i... .5 ..,' .• 6 _ .----,- ,,,,,, , __,,,,,411._ • .g• . -7_,_ .:!.. ---7,05"- /,-.7 °-377Ncb.) . . 2 0 . • • \\\-- -rik,'' .4.0.1`•°°''''''1" , ,:ss • , - 1g 3.5 g V 3 . 10,4. . • '. . • .k. . • • A .2 . • '-.' U . . 2 ci: • i - ' .• . ... • . _ N A E • Soundings r,, 11•6 l vv. 2002 Round Lake 'Ape Aquatic Macrophyte Survey Transects S Transects: 100 0 100 200 300 Feet T1, T2, T3, T4, T5, T6, T7 and T8 96 Round Lake Macrophyte Survey June 5 and August 21, 2002 June 5, 2002 • No Macrophytes found in water> 16.0 feet • Secchi Disc reading=3.4 meters August 21, 2002 • No Macrophytes found in water> 15.0 feet • Secchi Disc reading= 1.5 meters Present in June Plant Type Common Name Scientific Name (J) or August (A)? 1 Submergent Eurasian watermilfoil Myriophyllum spicatum J/A 2 Submergent Coontail Ceratophyllum demersum J/A 13 I Submergent 1 Curly leaf pondweed Potamogeton crisnus J 4 Submergent Narrow leaf pondweed Potamogeton sp. J 5 Submergent Grass-leaved nondweed Potamogeton erarnineus J/A 6 Submergent Canada waterweed Elodea canadensis J/A 7 Submergent Slender naiad Naias flexilis A 8 Submergent Floatingleaf pondweed Potamogeton natans A 9 Floating- White waterlily Nymphaea tuberosa J/A leaf 10 Floating- Yellow waterlily Nuphar variegata J/A leaf 11 Emergent Cattail/Narrow-leaved Typha sp./Typha J/A cattail angustifolia 12 Emergent Snikerush Eleocharis sp. 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CLn o CO o� � co a >* � o 0 CFI ris ',o Til >' Is,o 0 o E §, 0 Qs o m a a) d 00000O = = = > = n = a cpi� 2 � � 27/1 � a _ � _ �. - I�c � CC C _ c Z7 'Q 7 T "a U U U U Ncn cmcccncucamascaczcacr c > > c = o n cp ,a co co co LO LC) Lf) CO CO CO CO CO CO CO CO L(� LC) LC) Cf) LC) O O O O -J o.^ LI) tf) tf) Cr; 0) o) NV N CV N C CV CV N C �1' 4 d d W O t ' ' CA pj JI a) 0 0 0 IT 0 'iF. 0 d N O 020303000 « « < < « 1:01:000 03 30C) UU CC J O V c*U dPo CC C CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO Q X/ 0/ CITY COUNCIL AGENDA DATE: February 4, 2003 SECTION: Director of Parks and Recreation DEPARTMENT/DIVISION: ITEM DESCRIPTION: Recommendation to ITEM NO: Parks and Recreation Reduce Lifeguard Hours at Round Lake Beach Robert A. Lambert Director C• a Requested Action Motion: Move to reduce the number of hours per day that Round Lake beach is guarded during the summer of 2003 to 1:00 p.m. until 4:00 p.m. Synopsis: During the summer of 2002 it became obvious that residents of Eden Prairie do not believe that Round Lake is a desirable place to swim. Often the lifeguards outnumbered the swimmers. Our City beaches are generally guarded from 11:00 a.m. until 7:00 p.m. seven days a week. Staff is recommending reducing the hours that Round Lake beach is guarded during the summer of 2003 to 1:00 p.m. until 4:00 p.m. Those residents choosing to use the beach will know that during the peak use hours there will be lifeguards on duty at that facility. Background: As the water quality deteriorated over the last ten years at Round Lake the number of swimmers dropped off each year. By mid 1990's the City began having to close the beach by mid-August due to coliform counts caused by the large number of geese that began gathering at that lake in early August. City staff began an experimental program to improve water quality by the use of Clarify two years ago. In 2001 the water quality was radically improved. This may have been the result of a dry summer or the use of Clarify,more likely a combination of both. The City also installed new fences and employed the use of a dog to harass geese, especially in the later part of August. This allowed the City to keep the beach open to the regular closing day for the first time in six years. In 2002 the weather wasn't nearly as cooperative and the high number of relatively heavy rain days caused an unusually high amount of runoff to occur into Round Lake during the summer months. This caused a reduction in the water quality., An unusually high number of geese decided to utilize Round Lake by mid-August and again the City was forced to close the beach early due to high fecal coliform counts. City Council Agenda 2/4/03 Recommendation to Reduce Lifeguard Hours at Round Lake Beach Page 2 City staff are recommending the use of Clarify again this summer and will utilize a goose deterrent spray on much of the turf in the area in order to discourage geese from utilizing Round Lake and the adjacent turf in August;however, City staff believe that the citizens of Eden Prairie have decided that Round Lake is not a desirable place to swim and will continue to choose other options until the City is able to find more consistent methods to improve the water quality at Round Lake and address the goose problem throughout the month of August. City staff anticipates that if the use of the beach is as low this year as it was in 2002 staff will likely recommend closing the beach after this summer until the trophic state index can be stabilized below 53 and the goose problem is solved. RAL:mdd /03