HomeMy WebLinkAboutCity Council - 08/19/2003AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, AUGUST 19,2003 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM 11
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, 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 11
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
III. 2004 BUDGET
IV. OTHER TOPICS
Council Chamber
VI. OPEN FORUM (Scheduled participants, 6:30-7:00 p.m.)
A.
OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
KATIE WALKER, HENNEPIN COUNTY, HCRRA STUDY RESULTS
VII.
VIII. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 19,2003 7:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan
Mosman, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen,
City Attorney Ric Rosow and Council Recorder Theresa Brundage
I.
11. PLEDGE OF ALLEGIANCE
ROLL CALL / CALL THE MEETING TO ORDER
111. COUNCIL FORUM INVITATION
IV.
V. MINUTES
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
A. CITY COUNCIL MEETING HELD TUESDAY, JULY 15,2003 (p. 6)
VI. CONSENT CALENDAR
A. CLERK’S LICENSE LIST (p. 14)
B. ADOPT RESOLUTION RELATING TO $4,330,000 GENERAL OBLIGATION
BONDS, SERIES 2003D (CHARLSON AREA AND HILLCREST/ALPINE
IMPROVEMENT PROJECTS) (p. 15)
C. ADOPT RESOLUTION TERMINATING TAX INCREMENT FINANCING
DISTRICT NO. 11 (ELIM SHORES - PROJECT 1759) (p. 35)
D. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TAX-FOmITED
LAND FROM HENNEPIN COUNTY (OUTLOT A, SUNNYBROOK WOODS)
@. 37)
E. AWARD BID TO MTI DISTRIBUTING FOR 2003 TOR0 580D 16’ MOWER
cp. 41)
F. ADOPT RESOLUTION AGREEING TO COST PARTICIPATION WITH
HENNIZPIN COUNTY FOR THE CSAH 4 (EDEN PRAIRIE ROAD) AND
VALLEY VIEW ROAD PROJECT (p. 42)
CITY COUNCIL AGENDA
August 19,2003
Page 2
VII. PUBLIC HEARINGS / MEETINGS
A. EDEN PRAIRIE CEMETERY EXPANSION by Eden Prairie Cemetery
Association, Inc. Request for Zoning District Change fiom R1-13.5 to Public on 1
acre. Location: West of Eden Prairie Road, north and east of Cottonwood Lane.
(lst Reading of an Ordinance for Zoning District Change) (p. 44)
VIII. PAYMENT OF CLAIMS (p. 50)
M. ORDINANCES AND RESOLUTIONS
X. PETITIONS, REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XI. APPOINTMENTS
A. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION @. 58)
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1.
2.
REPORT OF MANAGEMENT AND BUDGET DIRECTOR
Prairieview Liquor Store Lease (p. 59)
Sale of Growlers by Brew Pubs
C.
D. REPORT OF PARKS AND &CREATION DIRECTOR
1. Authorize Staff to Sell Dasher Board Advertisements in the Main Rink at
the Eden Prairie Communitv Center (p. 60)
2. Authorize Staff to Place Eden Prairie High School Banners in the Main
Rink at Eden Prairie Communitv Center (p. 62)
3. SupDort Recommended Prioritv Uses and Fees for Public Use of Citv
Facilities and Appoint an Ad Hoc Committee to Address Public Use of
City and School Facilities (p. 64)
REPORT OF PUBLIC WORKS DIRECTOR E.
F. REPORT OF POLICE CHIEF
G. REPORT OF IFIRE CHIEF
H. REPORT OF CITY ATTORNEY
CITY COUNCIL AGENDA
August 19,2003
Page 3
XIV. OTHER BUSINESS
XV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 5,2003 5:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sheny Butcher, Ron Case, Jan
Mosman, and Philip Young
CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Management and
Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council
Recorder Theresa Brundage
I.
11.
111.
IV.
V.
ROLL CALL / CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 5:OO p.m. All members were present.
Tyra-Lukens noted that this meeting is being held at this hour to allow Councilmembers and
Staff to participate in National Night Out Programs.
PLEDGE OF ALLEGIANCE
COUNCIL FORUM INVITATION
Tyra-Lukens said the normal meeting time allows Open Forum and Open Podium at 6:30
p.m. prior to the 7:OO meeting. Tyra-Lukens said 6:30-6:50 is reserved for scheduled
planned participants to address the Council on issues of concern to the City, and the last 10
minutes is for impromptu presentations to the Council. She said those interested in speaking
to the Council during Open Forum may contact Ms. Lorene McWaters in the City Manager’s
office by calling 952.949.8412 by noon of the meeting date with their name and the subject
matter they wish to address.
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Mosman added a report on recent highway funding awards under Reports of
Councilmembers. Dietz added a report on Trunk Highway 212 under Report of Public Works
Director.
MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and
amended. Motion carried 5-0.
MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JULY 15,2003 i
MOTION: Case moved, seconded by Mosman, to approve as published, the Minutes
of the Council Workshop held July 15,2002. Motion carried 4-0-1 with Tyra-
Lu kens abstaining.
6
CITY COUNCILMEETING
August 5,2003
Page 2
E. CITY COUNCIL MEETING HELD TUESDAY, JULY 15,2003
MOTION: Case moved, seconded by Butcher, to approve as published, the Minutes
of the City Council Meeting held July 15,2002. Motion carried 4-0-1 with Tyra-
Lukens abstaining.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. WOODDALE CHURCH MASTER PLAN by Wooddale Church. 2nd Reading for
Planned Unit Development District Review on 3 1.07 acres, Zoning District
Amendment in the Public Zoning District on 3 1.07 acres, and Site Plan Review on
3 1.07 acres. Location: Shady Oak Road and Bryant Lake Drive. (Ordinance No. 22-
2003-PUD-12-2003 for PUD District Review, Zoning District Amendment,
Resolution No. 2003-120 for Site Plan Review)
C. CODE AMENDMENT - STANDARDS FOR THE PROTECTION OF
WETLANDS 2nd Reading of the Ordinance amending City Code Chapter 1 1,
Section 11.51, Subd. 4. General Provisions - Identification, Delineation, Mitigation,
Testing and Reporting Requirements. (Ordinance No. 25-2003 for Code
Amendment)
D. ADOPT RESOLUTION NO. 2003-121 APPROVING FINAL PLAT OF
PRAIRIE CENTRE TOWN OFFICES
E. ADOPT RESOLUTION NO. 2003-122 APPROVING FINAL PLAT OF THE
BLUFFS AT PURGATORY CREEK
F. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH PRAIRIEVIEW
LLC TO ALLOW ASSESSMENTS FOR SEWER ACCESS AND WATER
ACCESS CHARGES TO BE LEVIED AGAINST THE PRAIRIEVIEW
CENTER PROPERTY
G. APPROVE PROFESSIONAL SERVICES AMENDMENT FROM HTPO INC.
FOR ANDERSON LAKES PARKWAY TRAIL PROJECT
H. APPROVE PROFESSIONAL SERVICES AMENDMENT FROM SEH, INC.
FOR THE PIONEER TRAIL (CSAH 1) LANDSCAPE PROJECT, I.C. 94,5369
I. ADOPT RESOLUTION NO. 2003-123 APPROVING COOPERATIVE
CONSTRUCTION AGREEMENT WITH MNDOT FOR BRIDGE
- 5550
'UNDERPASS LIGHTING ON 1-494 AT PRAIRIE CENTER DRIVE, I.C. 01-
J. APPROVE CHANGE ORDER NO. 3 FOR THE PIONEER TRAIL AND
F'LYING CLOUD DRIVE (TH212) UTILITY IMPROVEMENTS, I.C. 52-204
7
CITY COUNCILMEETING
August 5,2003
Page 3
K
L.
M.
N.
0.
P.
APPROVE PROPOSAL FROM SUMMIT ENVIROSOLUTIONS FOR
PREPARATION OF A PART 11 WELLHEAD PROTECTION PLAN
(WHPPP), I.C. 005515
APPROVE GRADING PERMIT FOR 16309 LINCOLN LANE
APPROVE ADVERTISEMENT FOR BIDS FOR RE-ROOFING THE SENIOR
CENTER AND PARTIAL RE-ROOFING OF THE COMMUNITY CENTER
AWARD CONTRACT FOR INSTALLATION OF ELEVATOR IN THE
MAINTENANCE BUILDING TO THYSSENKRUPP ELEVATOR COMPANY
APROVE RF CONTROL STATION USE AGREEMENT BETWEEN THE
CITY AND THE METROPOLITAN RADIO BOARD
AWARD QUOTE TO HOPKINS TOWN AND COUNTRY DODGE FOR (11
2003 DODGE DN5M74 DURANGO SPORT 4x4
MOTION: Young moved, seconded by Mosman, to approve Items A-P of the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS / MEETINGS
A. COSTCO WHOLESALE by Costco Wholesale. Request for Comprehensive
Guide Plan Change fkom Industrial to Regional Commercial on 18.1 acres, Planned
Unit Development Concept Review on 18.1 acres, Planned Unit Development District
Review with waivers on 18.1 acres, Zoning District Change from 1-5 to Commercial
Regional Service on 18.1 acres, and Site Plan Review on 18.1 acres. Location 12005
Technology Drive. (Resolution No. 2003-124 for Comp Guide Change,
Resolution No. 125 for PUD Concept Review, Ordinance for PUD District
Review, Zoning District Change)
Neal said official notice of this public hearing was published in the July 24,2003,
Eden Prairie Sun Current, and sent to 10 property owners. He said the site plan
shows the site plan shows the construction of a 136,297 square foot Costco Wholesale
building, tire center and gas facility, with a hture 12,370 square foot building
expansion for a total of 148,667 square feet. A guide plan change fkom Industrial to
Regional Commercial is required. Road improvements are proposed for Technology
Drive to accommodate traffic. Neal said PUD waivers are requested for impervious
surface in a Shoreland area, and signs. The Community Planning Board continued
the project at its June 23,2003, meeting for the developer to submit a road
improvement plan, revise the parking setbacks, meet landscaping caliper inch
requirements, and reduce the total amount of signage for the project. The Community
Planning Board voted 6-0 to recommended approval of the project to the City Council
at the July 14,2003 meeting. Neal said City Planner Michael Franzen and a
representative for Costco, Ted Johnson, will be available to answer questions.
8
CITY COUNCIL MEETING
August 5,2003
Page 4
Franzen spoke regarding the guide plan and planning development waivers. He said
reasons for supporting the guide plan changes are that it is in area that is surrounded
primarily by commerciallregional uses, and the change in the guide plan might be part
of a potential redevelopment of the balance of Rosemount property.
He said the first waiver regarding impervious surface is a standard practice used for
all sites near 494 and Hwy. 5 and next to urban lakes. He said the land area is
relatively limited to require projects to comply with the impervious surface
requirement that would greatly reduce the development potential of the property. He
said the City previously worked out an agreement with the Department of Natural
Resources that in such areas, all storm water will be treated to NURP standards and
there is a NURP pond that meets requirements of this project.
Franzen said the wall sign waiver is basically trading wall signs itom one portion of
the building and moving them to another portion of the building. He said signs larger
than 300 square feet are proportional to the size of the walls and in scale with the
building. Franzen said there is no pylon sign with the project and there are some
minor small signs on the gas canopy. He said Staff recommends approval of the
project.
There were no comments fi-om the public.
MOTION: Case moved, seconded by Mosman, to close the Public Hearing. Motion
carried 5-0.
Mosman said some residents were concerned about the location and visual or traffic
effects of the gas facility and asked Franzen to explain how the facility is protected.
Case said he is concerned with the unattended potential of a 24-hour gas facility.
Franzen said there are no regulations in the ordinance that prohibit designated
unattended hours. Dietz said he believes there is state legislative action regarding
unattended hours of 24-hour facilities, but does not believe it is permissible at this
stage. Neal said he also recalls that this issue has had some public debate, but he does
not believe the legislature has moved forward to grant cities to regulate such facilities.
Rosow said he does not believe the City has authority in that area and if the state has
allowed it, then it would be beyond the City’s authority to regulate. Rosow said the
question could be looked into before the next reading.
Mosman said there were resident concerns about the effect of traffic congestion
coming onto Technology Drive and noise and visual affects. Franzen said parking
areas are at the required minimum setbacks, there is a wide right-of-way in fi-ont,
normal required planting for berming and screening of the parking area and stacking
area. Dietz said setbacks for the gas islands are as much, if not more than, other gas
facilities in the city. Dietz said the idea of separating the fueling islands fi-om the
pedestrian area is a good management plan.
MOTION: Mosman moved to close the Public Hearing; and adopt the
Resolution for Guide Plan Change fi-om Industrial to Regional Commercial on
CITY COTJNCILMEETLNG
August 5,2003
Page 5
VIII.
Ix.
X.
XI.
MI.
XIII.
18.1 acres; and adopt the Resolution for Planned Unit Development Concept
Review on 18.1 acres; and approve 1st Reading of the Ordinance for Planned
Unit Development District Review with waivers, and Zoning District Change
fiom 1-5 to Commercial Regional Service on 18.1 acres; and direct Staff to
prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions. The motion was seconded by
Butcher.
Case said typically Costco sells liquor and since the City currently controls
liquor sales, would Costco be able to apply for a permit for the liquor portion
of the store. Neal said it would depend on how legislatively that change is
made. Motion carried 5-0.
PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The
motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and
Tyra-Lukens voting ccaye.”
ORDINANCES AND RESOLUTIONS
PETITIONS, REQUESTS AND COMMUNICATIONS
REPORTS OF ADVISORY BOARDS & COMMISSIONS
APPOINTMENTS
REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
Mosman gave a summary on the recent State legislative highway funding. She said
out of the $800M given to different projects, the Southwest area and highways going
through Eden Prairie were given 46% of the funding. She said $84M is for Hwy. 494
north fiom Hwy. 5 and 394. She said the Wall 24 sound wall was approved for the
Topview neighborhood, a project that has been in the works for about 30 years. She
said $106M is for Hwy. 169 with various interchanges and $225 M for the extension
of 312 (the new 212). Mosman said work schedules for the improvements will be
posted on the MNDOT website.
Mosman said there are many people to credit for helping to obtain the funding. They
include Rep. Erik Paulsen, David Hann, Peter Adolphson, Edina Rep. Ron Erhardt,
past Representative Roy Terwilliger, Eden Prairie Chamber of Commerce members,
Eden Prairie Staff members Gene Dietz, Rod Rue and David Lindahl. Also, the
current board of the 212 and 494 Corridor Commissions, the current City Council
with Tyra-Lukens, Butcher and Case having been involved for a number of years
longer than other members, and past mayor Jean Harris.
CITY COUNCIL MEETING
August 5,2003
Page 6
Tyra-Lukens gave credit to residents and businesses in the community who contacted
legislators to notie them of the difficulty of transportation in the area. Butcher added
credit to past councilmember Ross Thohson. Mosman also credited past
councilmember Patricia Pidcock and staff person Barry Peterson.
Case noted that Thorfinnson and Pidcock contributed nearly a decade of work to the
project. Tyra-Lukens thanked Mosman for serving on the I494 Corridor Commission
and the Southwest Corridor Commission.
B. REPORT OF CITY MANAGER
C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Mitchell Lake Water Quality Report
Public Works Director Eugene Dietz spoke about the possible re-designation
of Mitchell Lake from a natural environment lake to a recreation development
lake. He said basically, the DNR responded that the use of herbicides on
weeds is treating the symptoms rather than the cause of water quality
degradation and a change in designation of the lake is unlikely. He said
banning phosphorus fertilizers that run off into the lake is a significant
measure.
Ditez said the Watershed District says that using herbicides on lakes does not
solve the problem of phosphorus in lakes and the District is in the process of
conducting a use attainability analysis for Mitchell Lake. He said the report is
expected to be completed by the end of this year and will involve
recommendations on how to manage the lake as a natural environment lake.
He said Staff recommends waiting for that report before looking for solutions
and practices to be implemented on the lake. Dietz said the single most
important thing that residents can do at this time is to eliminate the use of
phosphorus and the public can be educated before the report is completed.
Butcher said she has been contacted by Mitchell Lake neighbors regarding
this issue. Dietz said that correspondence from residents be directed to him so
that he can make sure Staff member Leslie Stovring establishes contact with
them.
Case suggested a field trip workshop at Mitchell Lake to remain in contact
with residents there. Tyra-Lukens noted that since it’s unlikely the DNR will
change its classification of the lake, the most important thing to do is educate
people living around lakes in how to keep natural vegetation without the use
of phosphorus.
CITY COUNCIL MEETING
Au,oust 5,2003
Page 7
Butcher said in her communications with the property owners around Mitchell
Lake, they are not sure where the DNR stands on the designation of the lake.
2. Fullv-Funded TH212
Dietz provided background information on the recently funded TH212, its
current status and what will be needed to implement the project in 2005. He
said the City has been involved in the project for about 35 years. He said a
consultant identified the possibility that groundwater could be disrupted with
the project affecting lake levels of Mitchell Lake and home foundations.
Therefore, a report on groundwater is being completed with the results
determining the design of TH212 that will be presented to the Council in the
form of a municipal consent request from MNDOT. He said the report should
be completed this fall.
Dietz said the design build project should begin in 2005. Tyra-Lukens asked
Dietz to explain the difference between a design build process and traditional
process. Dietz said traditionally, MNDOT staff or a consultant will design the
plans and specifications for a project, it will be reviewed and approved at the
Council level and then put out to bid, and the contractor builds it with possible
change orders along the way. He said in the design build process, MNDOT,
through a consultant, will develop the plans to 30 percent completion with no
exact details of cross sections and location of berms in relation to roads. So,
Dietz said the project is bid with plans at 30 percent completion and the
project will be under construction before the City has reviewed final designs
for details and utilities. He said there will be an agreement that gives the City
certain rights to review with the rest being handled by MNDOT.
Case said he is concerned about the concept of a 5-fOOt grade increase. Dietz
said the 5-foot change is probably a good thing that will not impact the ability
to do noise mitigation and a 15-foot grade has been proposed if there are
groundwater concerns.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
Mosman added two more names to those to credit for helping to obtain the recent highway
funding. They are Southwest Corridor Commission member Robert Linda11 fiom Chaska
City Council and past councilmember and mayor Doug Tenpas. Dietz noted that Sidney
Pauly was on a citizen’s task force representing the City Council on this issue back in 1984.
XV. ADJOURNMENT
CITY COUNCIL MEETING
August 5,2003
Page 8
MOTION: Mosman moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Tyra-Lukens adjourned the meeting at 5:45 p.m.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 19,2003
ITEM DESCRIPTION:
Clerk's License Application List SERVICE AREA/DMS1oN:
Police / C.O.P. Unit I ~hristyweigel I
1 ITEMNO.:
These licenses have been approved by the department heads responsible for the licensed activity.
Amendment to Liquor License -
2AM Closing Permit
Purple Star, Inc
DBA: Green Mill of Eden Prairie
Pickled Parrot 11, LLC
DBA: Pickled Parrot
.fi New Wine w/ Strong Beer & 3.2 Beer On-
Sale License
Licensee name: EdenDoba, Inc
DBA: Qdoba Mexican Grill
New Wine w/ Strong Beer & 3.2 Beer On-
Sale License - New Ownership
Licensee name: TOBIKA, Inc
(Formerly Little Sushi, Inc )
DBA: Little Sushi
Month Day, Year
CITY COUNClL AGENDA
SECTION: Consent Calendar
DEPARTMENTDIVISION:
Management and Budget
Don Uram, Director
ITEM DESCRIPTION:
Resolution Prescribing The Form And
Details And Providing For The Payment Of
$4,330,000 General Obligation
Improvement Bonds, Series 2003D
DATE:
August 19,2003
ITEM NO.:
%.
Requested Action:
Move to:
Adopt Resolution relating to $4,330,000 General Obligation Improvement Bonds, Series 2003D.
Synopsis:
The proceeds of the Bonds will be used to fund public improvements within the City associated
with the Charlson area improvement project and the Hillcrest/Alpine improvement project.
Principal and interest on the bonds will be payable fkom special assessments levied against
benefited properties. The average coupon on the bonds is estimated to be about 3.1%.
Bids will be taken Tuesday, August 19, between 1 1 and 1 1 : 15 a.m. via www.NSIAuction.com.
Attachments:
Resolution
CITY OF EDEN PRATRTE
EIE"EPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $4,330,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2003D
BE IT RESOLVED by the City Council, City of Eden Prairie, Minnesota (the City), as
follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. This Council hereby determines that it is in the best interest of the
City to authorize the issuance and sale of its $4,330,000 General Obligation Improvement Bonds,
Series 2003D (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of
the Bonds will be used to finance the construction of various street and storm sewer
improvements (the Projects) within the City.
1.02. The City has retained Northland Securities, Inc., as independent financial
advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section
475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the
issuance of the Bonds. Pursuant to the Official Notice of Sale, bids for the purchase of the
Bonds were received at or prior to the time specified for the close of the auction referred to
therein. The bids have been opened, read and,considered, and the purchase price, interest rate
and net interest cost under the terms of each bid have been determined. The most favorable offer
the Bonds at a price of $
Manager are hereby authorized and directed to execute a contract on the part of the City for the
sale of the Bonds to the Purchaser.
received is that of in Y (the Purchaser), to purchase . Such offer is hereby accepted, and the Mayor and City
SECTION 2. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities: Interest Rates: Denomhations and Pavment. The Bonds shall be
originally dated as of September 1,2003, shall be in the denomination of $5,000 each, or any
integral multiple thereof, of single matwities, shall mature on January 1 in the years and amounts
stated below, and shall bear interest fiom date of issue until paid or duly called for redemption, at
the annual rates set forth opposite such years and amounts, as follows:
Year Amount
2005 $645,000
2006 690,000
2007 705,000
2008 720,000
2009 745,000
%
- Year Amount
2010 $150,000 %
201 1 150,000
2012 175,000
2013 175,000
2014 175,000
[mVISE MATURITY SCHEDWE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar described herein; provided that, so long as the Bonds are registered in the name
of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal
and interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Pavment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on January 1 and July 1 in each year, commencing July 1,2004, each
such date being referred to herein as an Interest Payment Date, to the persons in whose names the
Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar’s close of
business on the fifteenth day of the month immediately preceding the Interest Payment Date,
whether or not such day is a business day. Interest shall be computed on the basis of a 360-day
year composed of twelve 30-day months.
f.
2.04. Redemption. Bonds maturing in 201 1 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar
(or, if applicable, by the bond depository in accordance with its customary procedures) in
multiples of $5,000, on January 1,2010, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Clerk shall
cause notice of the call for redemption thereof to be published as required by law, and at least
thirty and not more than 60 days prior to the designated redemption date, shall cause notice of
call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be
redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof,
but no defect in or failure to give such mailed notice of redemption shall affect the validity of
proceedings for the redemption of any Bond not affected by such defect or failure. Official
notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the redemption price therein
specified and fiom and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge,
representing the remaining principal amount outstanding.
I?
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on January 1,20 and 20 (the Term Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for redemption, by
lot or other manner deemed fair, on January 1 in each of the following years the following stated
principal amounts of such Bonds:
Term Bonds Maturing Januarv 1,20-
Year Principal Amount
The remaining $
maturity on January 1,20 . stated principal amount of such Bonds shall be paid at
Term Bonds Maturing Januarv 1,20-
Year Principal Amount
The remaining $
maturity on January 1,20 . stated principal amount of such Bonds shall be paid at
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank National
Association, in St. Paul, Minnesota, as the iniiiai bond registrar, transfer agent and paying agent
(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of
the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company organized under the
laws of the United States or one of the states of the United States and authorized by law to
conduct such business, such corporation shall be authorized to act as successor Registrar. The
City agrees to pay the reasonable and customary charges of the Registrar for the services
performed. The City reserves the right to remove the Registrar, effective upon not less than
thirty days’ written notice and upon the appointment and acceptance of a successor Registrar, in
which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the
successor Registrar and shall deliver the Bond Register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Repjster. The Registrar shall keep at its principal corporate trust office a
register (the Bond Register) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person (whether a natural.person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor.
(c) Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than $5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
(d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall
furnish the City at least once each year 'a certificate setting forth the principal amounts
and numbers of Bonds canceled and destroyed.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. .The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the Bond Register as the absolute
owner of the Bond, whether the Bond shall be overdue or not, for the purpose of
receiving payment of or on account of the principal of and interest on the Bond and for
all other purposes; and all payments made to or upon the order of such Holder shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terns it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The .Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
0') Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Clerk and shall be executedon behalf of the City by the signatures of the
Mayor and the City Manager, provided that the signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on any Bond shall cease to be such officer before the delivery of
such Bond, such signature or facsimile shall nkvertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until the date of delivery of such Bond.
Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled
to any security or benefit under this Resolution unless and until a certificate of authentication on
the Bond, substantially in the form provided in Section 2.09, has been executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on any Bond shall be conclusive evidence that it has been duly authenticated and
delivered under this Resolution. When the Bonds have been prepared, executed and
authenticated, the City Manager shall deliver them to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application .of-the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
“DTC” shall mean The Depository Trust Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC’s Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC ,or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with DTC’s Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City’s
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shau be prepared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
Interest Rate
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2003D
Maturity Date Date of Original Issue CUSP No.
% January 1,20- September 1,2003
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
CITY OF EDEN PRAIRIE, State of Minnesota (the City) acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns, the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or
duly provided for, at the annual interest rate specified above, payable on January 1 and July 1 in
each year, commencing July 1,2004 (each such date, an Interest Payment Date), all subject to
the provisions referred to herein with respect to the redemption of the principal of this Bond
before maturity. The interest so payable on any Interest Payment Date shall be paid to the person
in whose name this Bond is registered at the close of business on the fifteenth day (whether or
not a business day) of the calendar month immediately preceding the Interest Payment Date.
Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day
months. The interest hereon and, upon presentation and surrender hereof at the principal office
of the agent of the Registrar described below, the principal hereof are payable in lawful money
of the United States of America by check or draft drawn on U.S. Bank National Association, in
St. Paul, Minnesota, as bond registrar, transfer agent and paying agent, or its successor
designated under the Resolution described herein (the Registrar).
This Bond is one of an issue (the Bonds) in the aggregate principal amount of $4,330,000
issued pursuant to a resolution adopted by the City Council on August 19,2003 (the Resolution),
to finance the construction of various street and storm sewer improvements within the City and is
issued pursuant to and in full conformity with the Constitution and laws of the State of
Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds
are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple
thereof, of single maturities.
Bonds maturing in 201 1 and later years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of $5,000, on January 1,
2010, and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published as required by law, and at least thirty and not more than 60 days prior to the
designated redemption date, shall cause notice of call for redemption to be mailed, by first class
mail, to the registered holders of any Bonds, at the holders’ addresses as they appear on the bond
register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice
of redemption shall affect the validity of proceedings for the redemption of any Bond not
affected by such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified and fkom and after such date (unless the City
shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to
the owner without charge, representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF TKHE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the years 20 and 20 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
the redemption date, without premium, on January 1 in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturing in 20-- Term Bonds Maturing in 20--
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the agent of the
Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in
writing upon surrender hereof together with a wiitten instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner’s attorney; and may also be
surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or
exchange the City will cause a new Bond or Bonds to be issued in the name of the designated
transferee or registered owner, of the same aggregate principal amount, bearing interest at the
same rate and maturing on the same date; subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to any such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment as herein provided and for all other purposes, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that, prior to the
issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special
assessments upon property specially benefited by the local improvements financed by the Bonds,
which special assessments will be collectible for the years and in amounts sufficient to produce
sums not less than five percent in excess of the principal of and interest on the Bonds when due,
and has appropriated the special assessments to its General Obligation Improvement Bonds,
Series 2003D Bond Fund for the payment of principal and interest; that if necessary for payment
of principal and interest, ad valorem taxes are required to be levied upon all taxable property in
the City, without limitation as to rate or amount; that the issuance of this Bond, together with all
other indebtedness of the City outstanding on the date hereof and on the date of its actual
issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional,
charter or statutory limitation of indebtedness; and that the opinion printed hereon is a full, true
and correct copy of the legal opinion given by,B.ond Counsel with reference to the Bonds, dated
as of the date of original delivery of the Bonds.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by
the facsimile signatures of its Mayor and City Manager.
CITY OF EDEN PIUlRIE, MINNESOTA
(facsimile signature - Mayor) (facsimile signature - City Manager)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: U.S. BANK NATIONAL ASSOCIATION,
as Registrar
,BY
Authorized Representative
[insert legal opinion]
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
UTMA ................... as Custodian for ... . . . ...............
under Uniform Transfers to Minors Act ... . . . . . . . .... .. . (Cust) mor)
(State)
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
within Bond, with full power of substitution in the premises.
attorney to transfer the said Bond on the books kept for registration of the
Dated:
NOTICE: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or
enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar, which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
AS SIGNEE:
[end of bond form]
SECTION 3. GENEW OBLIGATION WLPROVEMENT BONDS, SERIES 2003D
CONSTRUCTION FUND. There is hereby established on the official books and records of the
City a separate fund designated the General Obligation Improvement Bonds, Series 2003D
Construction Fund (the Construction Fund). To the Construction Fund there shall be credited
from the proceeds of the Bonds, exclusive of unused discount, accrued and capitalized interest, if
any, an amount equal to the estimated cost of the improvements. There shall also be credited to
the Construction Fund all special assessments collected with respect to the Projects until all costs
of the Projects have been fully paid. All proceeds of the Bonds deposited in the Construction
Fund will be expended solely for the payment of the costs of the improvements, and all
construction costs and expenses for the improvements shall be paid fiom the Construction Fund.
To the extent required by Minnesota Statutes, Section 429.091, subdivision 4, the City shall
maintain a separate account within the Construction Fund to record expenditures for each
improvement. The Finance Director shall maintain the Construction Fund until all costs and
expenses incurred by the City in connection with the construction of the improvements have
been paid. All special assessments on hand in the Construction Fund when terminated or
thereafter received, and any Bond proceeds not so transferred, shall be credited to the General
Obligation Improvement Bonds, Series 2003D Bond Fund.
SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003D BOND
FUND. There is hereby established on the official books and records of the City a separate fund
designated the General Obligation Improvement Bonds, Series 2003D Bond Fund (the Bond
Fund). Into the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b)
capitalized interest, accrued interest and unused bond discount, if any, received fiom the
Purchaser upon delivery of the Bonds, (c) any taxes collected pursuant to Section 6 hereof, and
(d) any other funds appropriated by the City Cokcil for the payment of the Bonds. The money
on hand in the Bond Fund fkom time to time shall be used only to pay the principal of and
interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay
principal and interest then due on the Bonds, such amounts shall be paid fkom other money on
hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient
money becomes available in the Bond Fund. The Bond Fund shall be maintained until the City
has paid, or made provision for the payment of, all of the principal of and interest on the Bonds.
There are hereby established two accounts in the Bond Fund, designated as the “Debt
Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt
Service Account upon the issuance of the Bonds the amount set forth in (b) above. Thereafter,
during each Bond Year (Le., each twelve month period commencing on January 2 and ending on
the following January l), as monies are received into the Bond Fund, the City Finance Director
shall first deposit such monies into the Debt Service Account until an amount has been
appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end
of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall
be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service
Account is insufficient for the payment of principal and interest then due, the City Finance
Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to
the extent necessary to cure such deficiency. I;ciirestment earnings (and losses) on amounts fiom
time to time held in the Debt Service Account and Surplus Account shall be credited or charged
to said accounts.
If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest
and principal then due on all Bonds payable thergfkom, the payment shall be made fiom any fund
of the City which is available for that purpose, subject to reimbursement fiom the Surplus
Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants
and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory
limitation.
SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the costs of the Projects, the City has done or will do and perform all acts and things
necessary for the final and valid levy of special assessments in an amount not less than 100% of
the cost of each of the improvements financed by the Bonds. The City estimates it will levy
special assessments in the aggregate principal amount of $4,330,000. It is estimated that the
principal and interest on such special assessments will be levied in 2003 and collected in the
years 2004-20- in the amounts shown on Appendix I attached hereto. The principal of the
special assessments shall be made payable in annual .installments, with interest as established by
this City Council in accordance with law on installments thereof fiom time to time remaining
unpaid. In the event any special assessment shall at any time be held invalid with respect to any
lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to
be taken by the City or by this City Council or by any of the officers or employees of the City,
either in the making of such special assessment or in the performance of any condition precedent
thereto, the City hereby covenants and agrees that it will forthwith do all such further things and
take all such further proceedings as shall be required by law to make such special assessment a
valid and binding lien upon said property.
SECTION 6. PLEDGE OF TAXING POWERS. For'the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively come due, the full faith,
credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged.
However, the City presently estimates that the special assessments described herein, together
with any other funds to be appropriated by the Cityto the Bond Fund, will be at least five percent
in excess of the amounts needed to meet when due the principal and interest payments on the
Bonds and therefore no ad valorem taxes are required to be.levied at this time.
SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued fiom the due date to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the
Registrar or with a bank qualified by law to act as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited for such purpose, bearing interest
payable at such times and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal and interest to become due thereon to maturity or, if
notice of redemption as herein required has been irrevocably provided for, to an earlier
designated redemption date. Provided, however, that if such deposit is made more than ninety
days before the maturity date or specified redemption date of the Bonds to be discharged, the
City shall have received a written opinion of Bond Counsel to the effect that such deposit does
not adversely affect the exemption of interest on any Bonds fiom federal income taxation and a
written report of an accountant or investment banking firm verifying that the deposit is sufficient
to pay when due all of the principal and interest on the Bonds to be discharged on and before
their maturity dates or earlier designated redemption date.
SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
8.01. General Tax Covenant. The Ci@ agrees with the registered owners from time to
time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any action that would cause interest on ’the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable
Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers
to ensure that the interest on the Bonds will not become includable in gross income of the
recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the
Construction Fund will be expended solely for the payment of the costs of the Projects. The
Improvements are and will be owned and maintained by the City and available for use by
members of the general public on a substantially equal basis. The City shall not enter into any
lease, management contract, use agreement, capacity agreement or other agreement with any
non-governmental person relating to the use of ihe Improvements, or any portion thereof, or
security for the payment of the Bonds which might cause the Bonds to be considered “private
activity bonds” or “private loan bonds” pursuant to Section 141 of the Code.
8.02. Arbitrage Certification. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
Section 148 of the Code, and applicable Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be “arbitrage bonds” within the meaning of the Code and Regulations.
8.03. Arbitrage Rebate Exemption. The City acknowledges that the Bonds are subject to
the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain
such records, make such determinations, file such reports and documents and pay such amounts
at such times as are required under said Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross inqorne for federal income tax purposes, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds
(other than amounts constituting a “bona fide debt service fund”’) arise during or after the
expenditure of the original proceeds thereof. . ,
8.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditme with respect to the Projects which the City
paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect
to such prior expenditures, the City shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations; provided that this
certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the Projects meeting the requirements of Section 1.150-2(f)(l) of the Regulations, or
(E) with respect to “preliminary expenditures” for the Projects as defined in Section 1.150-2(0(2)
of the Regulations, including engineering or architectural expenses and similar preparatory
expenses, which in the aggregate do not exceed 20% of the “issue price” of the Bonds.
8.05 Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. 9 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted fiom time to time, the Rule), which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. The City has complied in all
material respects with any undertaking previously entered into by it under the Rule. If the City
fails to comply with any provisions of this section, any person aggrieved thereby, including the
Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement or covenant
contained in this section, including an action for a writ of mandamus or specific performance.
Direct, indirect, consequential and punitive damages shall not be recoverable for any default
hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained
herein, in no event shall a default under this section constitute a default under the Bonds or under
any other provision of this resolution. As used in this section, Owner or Bondowner means, in
respect of a Bond, the registered owner or owners thereof appearing in the bond register
maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such
Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in
respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or
consent with respect to, or to dispose of ownership of, such Bond (including persons or entities
holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the
owner of the Bond for federal income tax purposes. . .
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December ,,31, 2003, .the following financial information and
operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
City; and
to the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under the headings:
Current Property Valuations; Direct Debt; Tax Levies and Collections;
Population Trend and Employment/Unemployment, which information may be
unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements. as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, fiom other documents, including official statements, which have been submitted
to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identifl in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from
and after such determination, the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(l) or subsection (d), then the City shall
include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of
financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is
a Material Fact (as hereinafter defined):
Principal and interest payment delinquencies;
Non-payment related defaults; .
Unscheduled draws on debt service reserves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the security;
Modifications to rights of security holders;
Bond calls;
(I) Defeasances;
(Q Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)( 1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
@) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described in
subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
the information described in paragraph (1) of subsection (b), to each then nationally
recognized municipal securities information repository under the Rule and to any
state information depository then designated or operated by the State of Minnesota
as contemplated by the Rule (the3late Depository), if any;
the information described in paragraphs (2) and (3) of subsection (b), to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
the information described in subsection (b), to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1) or (2) of this subsection (c), as the case may be,
or, if such information is transdted with a subsequent time of release, at the time
such information is to be released.
(d) Term: Amendments: Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and recpiremepts of the Disclosure Information) may be
amended or supplemented by the.City from time to time, without notice to (except as
provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may .be subject to customary qualifications, to the
effect that: (i) such amendment or supplement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or (b) is required by, or betth complies with, the provisions of paragraph (b)(5)
of the Rule; (ii) this section as so amended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data ,being provided hereunder.
(3) This section is entered into to comply,with the continuing disclosure provisions of
the Rule and should be construed so as to' satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 9. CERTIFICATION OF PROCEEDINGS.
9.01. Registration of Bonds. The City Clerk is hereby authorized and directed to file a
certified copy of this resolution with the County Auditor of Hennepin County and obtain a
certificate that the Bonds have been duly entered upon the Auditor’s bond register.
9.02. Authentication of Transcript. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney
LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and
such other affidavits, certificates and information as may be required to show the facts relating to
the legality and marketability of the Bonds, as the same appear fiom the books and records in
their custody and control or as otherwise known to them, and all such certified copies, affidavits
and certificates, including any heretofore furnished, shall be deemed representations of the City
as to the correctness of all statements contained therein.
9.03. Official Statement. The Official Statement relating to the Bonds, dated
,2003, prepared and distributed by Northland Securities, Inc., the financial consultant
for the City, is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the
City to prepare and deliver to the Purchaser within seven business days fiom the date hereof a
supplement to the Official Statement listing the offering price, the interest rates, selling
compensation, delivery date, the underwriters &d’such.other information relating to the Bonds
required to be included in the Official Statement by Rule 15~2-12 adopted by the SEC under the
Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to
execute such certificates as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
ADOPTED by the City Council of the City of Eden Prairie on this 19th day of August,
2003.
Nancy Tyra-Lukens, Mayor
ATTEST:
.. .
Kathleen Porta, City Clerk
End Last Update Status
Tue., Aug 19,2003 AON 12:OO:OO pm 12:19:09 pm 12:29:05 pm EDT Over
Auction Closed At 12: 19:09 pm
Auction Date Tme Start
$4,330,000*
City of Eden Prairie, Minnesota
General Obligation Improvement Bonds, Series 2003D
Gross I I Bidder
2ndlPIPE-DD
iqiEEG
3rd kALO-JB
4th INORT-BK
5th IDAIN-TJ
Wells Fargo Brokerage Services, LLC12.9497%112: 17:09 pm1$550,415.83
12.981 7%112: 18:37 pm1$583,608.33 US Bancorp Piper Jafli-ay
Citigroup Global Markets, hc. 12.9964%112:19:06 pm1$585,054.17
Northland Securities
RBC Dain Rauscher Inc.
13.05 16% 112: 15:37 pm1$560,728.33
13.0736%112:11:52 pm1$602,058.33
(14,948.15) 1$568,660.181
*Preliminary, subject to change
Click below to see other bidder results
AON bids:
DAIN-TJ, NORT-BK, PIPE-DD, SALO-JB, WELL-MB, Best Bid, Cover Bid
Go to: Terms, Notice of Sale, Amendments (modified 8/14/2003 @J 1:40 pm), POS, Rules, Selections
Exit to: NSIauction Home Page
For information about this bond sale, call Northland Securities, Inc. at (800) 851-2920.
Please direct questions and comments regarding bidding procedures to the Auction Administrator or call
(4 72) 39 7-5555.
NSIauction: Observation: AON Best Bid Page 1 of 3
Best AON Bidder:
Wells Fargo Brokerage Services, LLC
Eden.Prairie.MN.GO.03D.AON
AON Best Bid
Best AON TIC:
2.9497 Yo
Auction Date Type Start End Time Now?? Status
Tue., Aug 19,2003 AON 12:OO:OO pm 12:19:09 pm 1:33:33 pm EDT Over
Time Remaining Clock
$4,330,000*
City of Eden Prairie, Minnesota
General Obligation Improvement Bonds, Series 2003D
Serial/
Due Amount* Term Coupon Yield
Principal Sinker/ Reoffering
Jan 1,2005 $645,000 Serial 1.250% 1.250%
Jan 1,2006 $690,000 Serial 1.750% 1.750%
Jan 1,2007 $705,000 Serial 2.150% 2.100%
Jan 1,2008 $720,000 Serial 2.600% 2.500%
Jan 1,2009 $745,000 Serial 3.000% 2.900%
Jan 1,2010 $150,000 Serial 3.250% 3.250%
Jan 1,2011 $150,000 Serial 3.550% 3.550%
Jan 1,2012 $175,000 Serial 3.750% 3.750%
Jan 1,2013 $175,000 Serial 3.900% 3.900%
Jan 1,2014 $175,000 Serial 4.000% 4.000%
Purchase Price: $4,319,210.55
Insurance: None Selected
Time Submitted: 12:17:09 pm
https://~.nsiauction.com/perl/bond.pl?back~to~observation~button=Best+Bid&auction~nanze=Eden%2... 8/19/2003
SECTION: Consent Calendar
SERVICE AREAiDMSION:
Management and Budget
Don Uram, Director
ITEM DESCRIPTION:
Resolution Terminating Tax Increment Financing
District No. 11 (Project 1759) And Directing
Decertification By The County Auditor
DATE:
August 19,2003
ITEM NO.:
t7-r. .c,
Requested Action
Move to: Adopt Resolution Terminating Tax Increment Financing District No. 11 (Project
1759) and Directing Decertification By The County Auditor.
Synopsis: TIF District No. 11 expired on December 31,2002. The City must terminate District
No. 11 by resolution before the County will remove from their active list of TIF
Districts.
Background: On October 18, 1988, the City approved a Tax Increment Financing Plan and TIF
District No. 11. The District was created to allow for the construction of Elim
Shores, a 64-unit rental apartment project for elderly persons of low and moderate
income, together with common recreation and support facilities, located at 7900
Timberlake Drive. The TIF District expired on December 31,2002.
Attachment
Resolution
35
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
RESOLUTION TERMINATING TAX INCREMENT FINANCING DISTRICT NO. 11
(PROJECT 1759) AND DIRECTING DECERTIFICATION
THEREOF BY THE COUNTY AUDITOR
WHEREAS, by adoption of a resolution on April 4, 1989, the City Council of the City of
Eden Prairie, Minnesota has heretofore created Tax Increment Financing District No. 11 (Project
1759) (the “District”) and has approved a Tax Increment Financing Plan (the “TIF Plan”) for the
District to provide a housing facility and related common recreation and support facilities for
rental to elderly persons of low and moderate income; and
WHEREAS, the County Auditor of Hennepin County has certified the original net tax
capacity and the original tax rate of the District pursuant to the provisions of Minnesota Statutes,
Section 469.177; and
WHEREAS, as of the date hereof, all obligations to which tax increment from the
District has been pledged have been paid in full or defeased and the City had determined that it is
in the best interests of the City to terminate and decertify the District.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota that (i) the District is hereby terminated effective December 3 1 , 2002 and (ii)
the Finance Director shall provide a certified copy of this resolution to the County Auditor so
that the District may be decertified on the books and records of the County Auditor with no
further tax increment from the District being remitted to the City.
ADOPTED by the City Council of the City of Eden Prairie on this 19th day of August,
2003.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
36
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 19,2003
DEPARTMENT:
Stuart A. Fox, Manager of Parks
& Natural Resources/
Robert A. Lambert
Director of Parks & Recreation
ITEM DESCRIPTION:
Tax Forfeited Land
1 ITEMNO.:
Requested Action
Motion: Move to adopt Re
Hennepin County.
olution authorizing the disposal of tax forfeited land fi-om
Synopsis
This parcel of land went tax forfeit on June 19, 2003. The parcel of land is Outlot A of
Sunnybrook Woods and is 4,046 square feet in size, which is .093 acres. This parcel of land is
adjacent to Hearthstead Lane. This outlot was created along the east side of the public roadway
when the subdivision was platted.
Background
It appears that this parcel of land was going to be gifted to the City by the developer; however,
since the property has gone forfeit City staff would recommend adding the property to the road
right-of-way for Hearthstead Lane.
Attachments: Resolution
Non-Conservation List
Map
SAF:mdd
37
CITY OF EDEN PRAIRIE
HENMEPlcN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND
WHEREAS, the City of Eden Prairie has received.f?om the County of Hennepin
ConservatiodNon-Conservation List #1253 C/NC, which lists property in said municipality which
have become property of the State of Minnesota for non payment of real estate taxes; and
WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the
disposal of these parcels of land; and
WHEREAS, the City can approve the parcels for public auction, or approve sale of the
parcels to adjacent landowners, or request conveyance to the City for public use without monetary
consideration, or request that the parcel be withheld fiom public auction for one year.
NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the
Board of Hennepin County to approve the disposal of this parcel in the following way:
Parcel conveyed to the City of Eden Prairie for road right-of-way.
PIN 23-1 16-22-34-0042 with no pending special assessments
ADOPTED by the City Council of the City of Eden Prairie this 19th day of August, 2003.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
39
40
CITY COUNCIL AGENDA
SECTION: Consent calendar
DATE:
August 19,2003
t I I
SERVICE AREADMSION: ITEM DESCRIPTION:
Public Works/Fleet Se es
Cliff Cracauer
Gene Dietz
Award Bid for Tor0 580D Mower for Park & Department
I ITEMNO.:
Requested Action:
Move to: Award Bid to MTI Distributing for (1)2003 Tor0 580D 16’ Mower as per State of
Minnesota Contract # 429881 in the amount of $56,712.32
Synopsis:
State of Minnesota provides on going contracts on replacement equipment and services. A
summary of contract results is shown below. This purchase will replace an existing mower that
is beyond repair.
Background Information:
The new mower is to replace an existing mower that has had a catastrophic engine failure. Due to
the type of failwe, MTI Distributing is giving the City of Eden Prairie $15,000.00 for the
disabled machine. The age of the machine and hours indicates it is not advisable to repair for
Mer service. The funding will be provided by the equipment revolving fimd.
Staff recommends approval of the purchase of the mower.
Summary of Bids
State of Minnesota Contract # 429881
MTI Distributing $68,251.00
Less trade in of inoperable unit ($ 15,000.00)
Subtotal $ 53,251.00
Tax 3,461.32
Total $ 56,712.32
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5405 Engineering
Rodney W. Rue
Consent to Cost Participation with Hennepin
County for the CSAT3 4 and Valley View Road
Reconstruction Project
DATE:
August 19,2003
ITEM NO.:
‘E- .E
Requested Action
Move to: Adopt resolution agreeing to cost participation with Hennepin County for the
CSAH 4 (Eden Prairie Road) and Valley View Road project.
Synopsis
This project is a cooperative project between the City of Eden Prairie and Hennepin County. As
part of the project responsibilities, Hennepin County agreed to purchase all necessary rights-of-
way associated with the project. At this time Hennepin County has already purchased a home
and relocated a family. However, they are concerned about fwther property acquisition without
City concurrence regarding our cost participation. This resolution indicates our concurrence to
participate in the project costs (including right-of-way) based on Hennepin County’s Cost
Participation Policy. Right-of-way costs are a 50% cost split with construction items variable
based on state aid participation.
Background Information
This project involves the reconstruction of three legs on this intersection. The north leg of this
intersection was reconstructed during the first phase of the project. The improvements will
include upgrading all three legs of the intersection to a 4-lane divided roadway with left and right
turn lanes on all approaches. Double left turn lanes will be provided on both the northbound and
southbound CSAH 4 approaches. We are currently working with the Parks Department to
determine a logical project terminus on Valley View Road near the Community Center.
I
42
CITY OF EDEN PRAIR1[E
ETENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
CONSENT TO COST PARTICIPATION WITH HENNEPIN COUNTY
FOR THE CSAH 4 (EDEN PRAIRIE ROAD) AND
VALLEY VIEW ROAD RECONSTRUCTION PROJECT
HENNEPIN COUNTY PROJECT NO. 9726
CITY OF EDEN PRAIRIE I.C. NO. 96-5405
WHEREAS, Preliminary Layout 1C dated January 14, 2003, for Hennepin County Project No.
9726 (I.C. 96-5405), has been prepared which shows proposed improvements at CSAH 4 (Eden
Prairie Road) and Valley View Road;
WHEREAS, the City of Eden Prairie approved said Layout 1C on February 4,2003;
WHEREAS, the City of Eden Prairie authorized Hennepin County to acquire all rights-of-way,
permits, andor easements required for said improvements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City agrees
to participate in the right-of-way costs associated with this project as per Hennepin County’s Cost
Participation Policy;
BE IT F’URTHER RESOLVED that the City agrees to enter into a Construction Cooperative
Agreement which will define financial responsibilities for the construction items, right-of-way, city
design, county construction management and other related items associated with said project.
ADOPTED by the Eden Prairie City Council on August 19,2003.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
43
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE: 8/19/03
I I I I
DEPARTMENT/DMSION: ITEM DESCRIPTION: Management and Budgefllanning
Donald R. Uram
Scott A. Kipp Eden Prairie Cemetery Expansion
ITEM NO.:
m.A.
Requested Action
Move to:
0
0
Close the Public Hearing; and
Approve 1st Reading of the Ordinance for Zoning District Change from R1-13.5 to
Public on 1 acre.
Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This project is for development of additional grave lots for future expansion within Outlot B
owned by the Eden Prairie Cemetery Association. The property will need to be rezoned to the
Public zoning district which permits cemeteries.
Community Planning Board Recommendation
The Community Planning Board voted 8-0 to recommended approval of the project to the City
Council at the July 28,2003 meeting.
Background Information
No buildings or structures are proposed for the site. The single row of six-foot evergreens
proposed along the south property line to provide a vegetative screen should be planted now to
allow the trees to grow and create a better screen before this part of the cemetery is used.
All significant trees are shown to be saved.
Attachments
1. Staff Report dated July 25,2003
2. Community Planning Board minutes dated July 28,2003
44
STAFF REPORT
TO: Community Planning Board
FROM: Scott A. Kipp, Senior Planner
DATE: July 25,2003
PROJECT: Eden Prairie Cemetery Expansion
APPLICANT/
OWNER: Eden Prairie Cemetery Association, Inc.
LOCATION: West of Eden Prairie Road, north and west of Cottonwood Drive
REQUEST: 1. Zoning District Change from R1-13.5 to Public on 1 acre
45
Area Location Map =
Eden Prairie Cemetery Expansion
Address - 8941 Eden Prairie Road
PI
1 SUtton Dr. (1
4 Cedar Ridge Rd.
Staff Report- Eden Prairie Cemetery Expansion
July 25,2003
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this property as Cemetery. Surrounding land uses consist
of Low Density Residential. Two outlots were deeded to the Eden Prairie Cemetery Association
by Centex Real Estate Corporation in 1988 at the time of the Fairfield development. The
northerly outlot contains many significant oak trees and will not be developed. The southerly
outlot is the proposed expansion site and is currently zoned R1-13.5.
SITE PLAN
The plan shows development of additional grave lots in Outlot B to plan for future expansion.
The property will need to be rezoned to the Public zoning district which permits cemeteries. No
structures are proposed to be constructed on the property.
The layout of grave lots in the existing cemetery was taken fiom early maps and shown for
reference. No actual graves will be created in the County Road 4 right-of-way.
Access to the additional lots will be fiom the existing road within the cemetery.
Transitions are generally required between differing land use to reduce impacts fiom building
mass, height, and development density. Transitions can be accomplished by increasing setbacks,
berming, and planting. No buildings or structures are proposed for the site. A single row of six-
foot evergreens are proposed to be planted along the south property line over time as grave sites
are developed to provide a vegetative screen. These trees should be planted now to allow the
trees to grow and create a better screen before this part of the cemetery is used.
GRADING AND TREES
No grading of the property is proposed. Grave sites will be dug as needed. A tree inventory
identifies the significant trees on the site consisting mainly of spruce, pine, and oak. All
significant trees are shown to be saved. Some elm and boxelder located in the south central
portion of the site will eventually be removed as grave sites develop in this area.
DRAINAGE
Existing drainage patterns will be maintained. A storm sewer currently directs drainage to the
existing pond located on the north side of the cemetery.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
Zoning District Change fi-om R1-13.5 to Public on 1 acre.
This is based on plans dated July 14,2003, this staff report, and the following conditions:
1. Prior to the use of any grave sites within Outlot B, the proponent shall install all proposed
evergreen trees along the south property line. A landscaping bond will be required prior to
installation. 43
Planning Board Minutes
July 28,2003
Page 2
V. PUBLIC HEARINGS
A. EDEN PRAIRIE CEMETERY EXPANSION by Eden Prairie Cemetery
Association, Inc. Request for Zoning District Change from R1-13.5 to Public on
1 acre. Location: West of Eden Prairie Road, north and east of Cottonwood Lane.
Michael Rogers, Chairman of the Board of the Eden Prairie Cemetery
Association, presented the project. He spoke about the history of the cemetery
and acquisition of land over the years. He said the Board would like to extend the
cemetery into Outlot B and will be using that property in approximately 30-35
years. He stated they plan to buffer the area with pine trees which should grow to
maturity by the time the area is utilized.
Franzen stated the rezoning to public would be consistent with the comprehensive
guide plan. He said staff would like the tree installation to occur before they start
utilizing the expansion area. He said if they planted the trees now, they would be
mature and provide a buffer, and they would not have to bond for them later.
Ken Carney, 8841 Cottonwood Lane, stated his property backs up to the
cemetery. He said he had no problems with the expansion and rezoning. He was
concerned about the area on the southeast side of the site where they've been
removing mature trees which had been a buffer for the neighborhood from the
cemetery and Eden Prairie Road, He stated six foot evergreens are not substantial
enough to screen the cemetery fiom the homes. He said the residents were told
that the tree removal had to do with drainage but there was also a lot of fill in the
area.
.
Rogers responded that the trees removed were primarily box elder. He stated they
also want to make sure to have as much buffer as is necessary and realize they
will need to work with the southeast section to buffer the cemetery fiom the
neighbors. He said the construction along Eden Prairie Road resulted in the
removal of some dying pine trees. He stated in regard to the grading, a ditch was
filled and the area landscaped which included contouring to improve slope and
drainage.
Nelson asked if evergreen seedlings would be a better choice to add to that area
since they provide better screening, She said when planting seedlings they may
want to plant a double row which would allow for replacement of dead trees and
transplanting. She stated it was important to retain some longer lasting trees.
Rogers stated that the area is shaded much of the time and evergreens may not
survive, He said they would do whatever needs to be done to buffer that area.
MOTION by Sodt, second by Nelson, to close the public hearing. Motion
carried, 8-0
Planning Board Minutes
July 28,2003
Page 3
MOTION by Koenig, second by Steppat, to recommend approval of a Zoning
District Change fi-om R1-13.5 to Public on 1 acre, based on plans dated July 14,
2003, subject to the recommendations of the staff report dated July 25,2003, to
the City Council. Motion carried, 8-0
44
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
August 19,2003
SERVICE AREADMSION. ITEM DESCRIPTION:
Community Development and
Financial ServicesDon Uram
Payment of Claims
ITEM NO.: m\
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 122536 - 122976
Wire Transfers 1854 - 1855
Background Information
Attachments
50
City of Eden Prairie
Council Check Summary
8/19/2003
Division Amount
100
1 02
110
111
112
113
114
115
116
117
130
131
1 32
133
134
135
136
1 37
150
151
1 52
153
154
155
156
1 57
158
159
160
161
162
163
180
184
185
200
201
203
204
301
302
303
308
502
503
506
507
509
51 1
601
602
603
701
702
703
803
806
General
City Manager
Legal Counsel
City Clerk
Customer Service
Human Resources
Communication Services
Benefits & Training
Risk Management
Facilities
City Center
Assessing
Finance
Social Services
community Development
Heritage Preservation
Information Technology
Wireless Communication
Economic Development
Park Administration
Park Maintenance
Parks Capital Outlay
Athletic Programs
Community Center
Beaches
Youth Programs
Special Events
Senior Center
Recreation Administration
Adaptive Recreation
Oak Point Pool
Arts
Park Facilities
Police
Fire
Animal Control
Engineering
Street Maintenance
Fleet Services
Equipment Revolving
CDBG
HRA Fund
Cemetary Operation
Park Development
Utility Improvement
lmprovment Bonds 1996
Construction Fund
CIP Fund
Construction Fund
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Water Fund
Sewer Fund
Storm Drainage Fund
Escrow Fund
SAC Agency Fund
E-911
Report Totals
252,965
1,662
5,625
794
9,771
2,995
90
409
5,883
6,319
594
2,029
476
19,890
25
75
97,451
5,523
28
2,000
14,640
325
7,801
15,710
4
4,009
4,075
3,302
4,200
325
644
4,297
3,714
8,507
7,360
1,877
403
51 2,153
18,442
23,487
3,697
400
200
1,463
5,753
41,908
61,160
74,895
25,565
383,900
55,146
132,263
43,717
266,068
179,287
44,615
17,744
11 6,025
2,503,682
51
City of Eden Prairie
Council Check Register
8/19/2003
Check # Amount Vendor I Explanation Account Description Business Unit
1854
I855
122536
122537
122538
122539
122540
122541
122542
122543
122544
122546
122547
I22548
122549
122550
122551
122552
122553
122554
122555
122556
122557
122558
122559
122560
122561
122562
122563
122564
122565
122566
122567
122568
122569
122570
122571
122572
122573
122574
122575
122576
122577
122578
122579
122580
122581
122582
122583
122584
122585
122586
122587
122588
122589
122590
122591
122592
122593
122595
122596
122597
122598
122599
122600
I22601
122602
122603
122604
122605
I22606
122607
122608
87,101
220
69
119
1,375
437
96
196
91
160
13
438
160
53
838
10
792
225
335
2,104
25
99
66
2,471
1,560
61
111
2,661
700
1,020
350
265
556
75
75
3,000
75
22
I08
49
246
208
92
523
38
750
445
10
100
168
107
100
309
100
5,519
40
7,839
40
25
540
14
150
43
67
5,753
1,522
121
251
95
361
1,781
5,118
795
PUBLIC EMPLOYEES RETIREMENT
PUBLIC EMPLOYEES RETIREMENT
ACE
ACKER, TAYLOR
ASPEN WASTE SYSTEMS INC.
BOGREN, ANN
BRANTON, CHRIS
BURKE, LAUREL
CDW GOVERNMENT INC.
CHOICE INC
DELEGARD TOOL CO
DRlSKlLLS NEW MARKET
FERRISS, JAMIE
FREY, CHRISTINA
GENUINE PARTS COMPANY
GENZ RYAN PLUMBING & HEATING
HAYNES, TRlClA
HENNEPIN COUNTY PUBLIC RECORDS
HENNEPIN COUNTY SHERIFF'S OFF1
HENNEPIN COUNTY TREASURER
I CAA
IMATION IMAXTHEATRE
INSIGHT PUBLIC SECTOR
INTERNATIONAL UNION OF OPERATI
KALKES, JAYNA
MERLINS ACE HARDWARE
MlNN CHILD SUPPORT PAYMENT CTR
MINNESOTA HIGHWAY SAFETY & RES
MUHLHAUSER, WENDY
MURPHY, HEATHER
NCPERS GROUP LIFE INSURANCE
NEXUS INFORMATION SYSTEMS
O'BRIEN, COLLIN L.
POSITIVE PROMOTIONS
POSTAGE BY PHONE RESERVE ACCOU
PRESERVATION ALLIANCE OF MINNE
PRIORITY COURIER EXPERTS
QWEST
SEVERSON, JOSEF
UNITED WAY
VOLTIN, BRET
WEBSTER. SETH
WIBBEN, JOSHUA J
AMELL, KAREN
BOLD, PAULINE
BRAGG, ANNALISA
CENTERPOINT ENERGY
CHANHASSEN DINNER THEATRE
DMWMINNEAPOLIS
ECOLAB INC
FREY, TERRI GEIGER
KRAEMERS HARDWARE INC
LEIZINGER, A. SUZETTE
MACDONALD & MACK ARCHITECTS LT
MCFERRIN, TANYA
MINNESOTA PIPE AND EQUIPMENT*
ON BELAY OUTDOOR ADVENTURES
PRIORITY COURIER EXPERTS
SCIENCE EXPLORERS
SMITH, HOLLY A.
THYSSENKRUPP ELEVATOR
TWIN CITY OXYGEN CO
UPS
WEBBER RECREATIONAL DESIGN INC
WORK CONNECTION-BPARK
ACE ICE COMPANY
AMERICAN INTERTRADE
AMERlPRlDE LINEN &APPAREL SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
GOPHER STATE ONE-CALL INC
Employers PERA
Employers PERA
Conference Expense
Other Contracted Services
Waste Disposal
Canine Supplies
Youth Resident
Program Fee
Equipment Repair & Maint
Other Contracted Services
Operating Supplies
Operating Supplies
Program Fee
Other Contracted Services
Equipment Parts
Cash Over/Short
Other Contracted Services
Other Contracted Services
Other Contracted Services
Board of Prisoner
Operating Supplies
Dues & Subscriptions
Special Event Fees
Other Hardware
Union Dues Withheld
Miscellaneous
Repair & Maint. Supplies
Garnishment Withheld
Tuition ReimbursemenWchool
Instructor Service
Other Contracted Services
Life Insurance EWER
Equipment Repair & Maint
Other Contracted Services
Recreation Supplies
Postage
Dues & Subscriptions
Equipment Repair & Maint
Telephone
Other Contracted Services
United Way Withheld
Other Contracted Services
Mileage & Parking
Deposits
Special Event Fees
Instructor Service
Tuition Reimbursement/School
Gas
Special Event Fees
Other Contracted Services
Operating Supplies
Instructor Service
Operating Supplies
Instructor Service
Building
Instructor Service
Repair & Maint. Supplies
Instructor Service
Equipment Repair & Maint
Instructor Service
Mileage & Parking
Equipment Repair & Maint
Repair & Maint. Supplies
Postage
Improvements to Land
Other Contracted Services
Misc Non-Taxable
Beer
Repair & Maint. Supplies
Misc Non-Taxable
Liquor
Beer
Wine Domestic
General Fund
General Fund
Fitness Classes
Teen Work Program\
Water Treatment Plant
Police
Community Center Admin
Athletics
Information Technology
Prairie Village Liquor Store
Park Maintenance
Pool Special Events
Athletics
Teen Work Program\
Fleet Services
General Fund
Water System Maintenance
Staring Lake Concert
Engineering
Police
Community Development
Senior Center Program
Senior Center Program
Prairie Village Liquor Store
General Fund
General Facilities
Maintenance
General Fund
Police
Preschool Events
Staring Lake Concert
General Fund
Information Technology
Teen Work Program\
Youth Programs Administration
General
Heritage Preservation
Fleet Services
Water Utility - General
Teen Work Program\
General Fund
Teen Work Program\
Tree Disease
Escrow
Teen Work Program\
Outdoor Center
Outdoor Center
Crestwood Park
Senior Center Program
Den Road Liquor Store
Maintenance
Outdoor Center
Park Maintenance
Outdoor Center
Capital Impr. / Maint. Fund
Outdoor Center
Water System Maintenance
Outdoor Center
Fleet Services
Outdoor Center
Den Road Liquor Store
Maintenance
Water System Maintenance
Water Utility - General
Park Acquisition & Development
Park Maintenance
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Check #
122609
122610
12261 1
122612
122613
1 2261 4
12261 6
122617
12261 8
12261 9
122620
122621
122622
122623
122624
122625
122626
122627
122628
122629
122630
122631
122632
122633
122634
122635
122636
122637
122638
122639
122640
122641
122642
122643
122644
122645
122646
122647
122648
122649
122650
122651
122652
122653
122654
122655
122656
122657
122658
122659
122660
122662
122663
122664
122665
122666
122667
122668
122669
122670
122671
122672
122673
122674
122675
122676
122677
122678
122679
122680
122681
122682
122683
122684
122685
122686
122687
Amount
17,934
501
222
536
12,015
508
15,860
3,123
627
2,299
5,187
81 1
1,662
6,465
22,463
232
561
458
1,380
1,662
81 0
1,205
93
5
10,913
867
659
200
31,064
3,750
38
583
44
609
141
5,773
275
58
145,520
1,915
1,500
51
98
2,486
3,231
31
65
100
500
252
28
14
69
44
23,487
1,433
145
58
10
270
300
200
75
30
400
8,899
159
149
3,697
15,873
575
42
5,883
111
400
25
156
Vendor 7 Explanation
EAST SIDE BEVERAGE COMPANY
FINE WINES FROM EUROPE
GEl" COMPANY
GFIAPE BEGINNINGS
GRIGGS COOPER & CO
HOHENSTEINS INC
JOHNSON BROTHERS LIQUOR CO
MARK VI1
MIDWEST COCA COLA BOlTLlNG COM
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
TRI COUNTY BEVERAGE &SUPPLY
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WiNES INC
ANCHOR PAPER COMPANY
ANCHOR PRINTING COMPANY
ASPEN WASTE SYSTEMS INC.
BAKER, SCOTT
BECKER ARENA PRODUCTS INC
BlFFS INC
BRYAN ROCK PRODUCTS INC
DIETHELM, GARY
DRT TRANSPORT
FAMILY & CHILDRENS SERVICE
GENUINE PARTS COMPANY
HAYDEN, JENNY
IKON OFFICE SOLUTIONS'
JENKINS, BROOKE
KMC TELECOM HOLDINGS INC.
KRAEMERS HARDWARE INC
KRESS, CARLA
MEDICA CHOICE
MIDWEST ASPHALT CORPORATION
NILSSEN, BETH
OLSEN COMPANIES
OLSON, KATE
QWEST
RELIASTAR LIFE INSURANCE CO
ROSS, MARILYN
ROZEBOOM, CARYN
RYAN, MARY
SCHLEGEL, BECKY
SCOTT COUNTY SHERIFFS DEPT
SECRETARY OF STATE
STEWART, SUSAN
STRELNIEKS, BECKY
THOMPSON, CARLA
TOWN AND COUNTRY DODGE
VERIZON DIRECTORIES CORP
WASHINGTON COUNTY SHERIFF'S DE
WERTS, SANDY
WILLEY, DOUG
AARP 55 ALIVE MATURE DRIVING
AFTER 5 WOMENS VOCAL ENSEMBLE
ARMA INTERNATIONAL INC.
ATOM
CHAMPLIN POLICE DEPT
CHESTNUT TOWNHOME APARTMENTS
DRT TRANSPORT
DUPONT, BRENT
FEDEX
FISHER, PAUL
HENNEPIN COUNTY
IAAO
JOHNSON, BRUCE
LAM€ITRYS COLLISION
MlNN ST ADMIN ITG TELECOM SERV
MINNESOTA GFOA
MINNESOTA POLICE & PEACE OFFIC
PITNEY BOWES
UNIQUE OCCASIONS
GOPHER STATE ONE-CALL INC
53
Account Description
Beer
Wine Domestic
Misc Taxable
Wine Domestic
Liquor
Beer
Wine Domestic
Beer
Misc Taxable
Wine Imported
Liquor
Operating Supplies
Wine Domestic
Wine Domestic
Beer
Misc Taxable
Misc Taxable
Wine Domestic
Wine Imported
Wine Imported
Office Supplies
Printing
Waste Disposal
Program Fee
Equipment Repair & Maint
Waste Disposal
Gravel
Other Contracted Services
Other Contracted Services
Other Contracted Services
Small Tools
Other Contracted Services
Lessons & Classes
Equipment Repair & Maint
Mileage & Parking
Telephone
Operating Supplies
Pager & Cell Phone
Medical Bills Prepaid
Waste Blacktop/Concrete
Instructor Service
Small Tools
Program Fee
Telephone
Disability Ins Employers
Youth Resident
Program Fee
Youth Resident
Other Contracted Services
Deposits
Operating Supplies
Program Fee
Program Fee
Lessons & Classes
Autos
Telephone
Deposits
Mileage & Parking
Program Fee
Other Contracted Services
Other Contracted Services
Dues & Subscriptions
Tuition ReimbursementlSchool
Tuition ReimbursementlSchool
Hope Loan Receivable
Other Contracted Services
Clothing & Uniforms
Postage
Other Contracted Services
Deposits
Conference Expense
Equipment Parts
Insurance
Software Maintenance
Conference Expense
Licenses &Taxes
Postage
Business Unit
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
General
Senior Center Administration
Senior Center
Outdoor Center
Ice Arena
Park Maintenance
Water System Maintenance
Pleasant Hill Cemetary
Lime Sludge
Housing, Trans, & Human Serv
Storm Drainage
Water System Maintenance
Pool Lessons
Water Utility - General
Tree Disease
Telephone
Park Maintenance
Adaptive Recreation
General Fund
Street Maintenance
Ice Arena
Water System Maintenance
Athletics
Round Lake
General Fund
Community Center Admin
Outdoor Center
Community Center Admin
Staring Lake Concert
Escrow
Economic Development
Cummins House Special Events
Therapeutic Recreation
Oak Point Lessons
Public Safety
Prairie View Liquor Store
Escrow
Special Events Administration
Senior Center Program
Senior Center Program
Staring Lake Concert
In Service Training
Police
Police
Hope Loan Damage Deposit
Lime Sludge
Police
General
2000 Rehab
Escrow
Assessing
Fleet Services
Risk Management
Information Technology
Finance
Police
General
Check :: Amount VendorlEqlkUEliiOll
RUECKERT, RICHARD J
STANDARD INSURANCE CO
STROHMYER, TOM us POSTMASTER
US POSTMASTER - HOPKINS
WOLK, DANA
WORK CONNECTION-BPARK
BEST WESTERN KELLY INN, THE
BRAGG, ANNALISA
BROSCH, COLLRTE
CAMPOS, LORI
CARVER COUNTY SHERIFF'S DEPT.
CIDERTECH
COMMISSIONER OF TRANSPORTATIOF
CRONSTROMS HEATING & A/C
CULLIGAN SOFT WATER SERVICE
DIVINE SWINE CATERING
ESBENSEN, GEORGE
GOVERNMENT TRAINING SERVICE
HELLERS CARBONIC WEST
HORNER, GAIL
IND SCHOOL DlST 272
INNOVATIVE GRAPHICS
INT'L FIRE PROTECTION
KLEVE HTG & AC
KRAEMER, BETH
LINDAHL, LEANN
MCFERRIN, TANYA
MEDICINE LAKE TOURS
MINNESOTA VALLEY ELECTRIC COOP
POKORNY, TERRI
PRIORITY COURIER EXPERTS
QWEST
RAMSEY COUNTY SHERIFF'S DEPT.
SCHERER PLUMBING
STANOCH, DAVE
TRAPP, SUZANNE
VERIZON WIRELESS BELLEVUE
ZECH, MEGAN
ACE ICE COMPANY
AMERlPRlDE LINEN &APPAREL SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRAPE BEGINNINGS
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
MARK VI1
MIDWEST COCA COLA BOTTLING COM
NEW FRANCE WINE COMPANY
PAUSTIS & SONS COMPANY
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE &SPIRITS CO
THORPE DISTRIBUTING
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
ARCH PAGING
ASPEN WASTE SYSTEMS INC.
BERGIN AUTO BODY INC
CENTERPOINT ENEGY
CULLIGAN BOlTLED WATER
DEPARTMENT OF HUMAN SERVICES
HENNEPIN COUNTY l/T DEPT
HENNEPIN TECHNICAL COLLEGE
LACROSSE UNLIMITED
MAROlTA, VIC
METROPOLITAN COUNCIL
MINNCOMM PAGING
MINNESOTA BUREAU OF CRIMINAL A
MINNESOTA STATEWIDE 9-1-1 PROG
GOPHER STATE ONE-CALL INC
Account Description
Other Contracted Services
Life Insurance EEER
Other Contracted Services
Postage
Postage
Outside Water Sales
Other Contracted Services
Tuition ReimbursementlSchool
Instructor Service
Program Fee
Instructor Service
Deposits
Microfilming Service
Operating Supplies
Cash Over/Short
Plumbing Permits
Other Contracted Services
Small Tools
Tuition ReimbursementlSchool
Chemicals
Program Fee
Other Contracted Services
Clothing & Uniforms
Cash Over/Short
Cash Over/Short
Program Fee
Program Fee
Instructor Service
Special Event Fees
Other Contracted Services
Electric
Program Fee
Equipment Repair & Maint
Telephone
Deposits
Plumbing Permits
Other Contracted Services
Instructor Service
Pager & Cell Phone
Other Contracted Services
Misc Non-Taxable
Repair & Maint. Supplies
Misc Non-Taxable
Misc Taxable
Beer
Wine Domestic
Beer
Wine Domestic
Liquor
Liquor
Misc Taxable
Misc Taxable
Wine Domestic
Wine Imported
Misc Taxable
Liquor
Operating Supplies
Wine Domestic
Wine Domestic
Beer
Wine Domestic
Wine Imported
Wine Imported
Pager & Cell Phone
Waste Disposal
Other Contracted Services
Gas
Operating Supplies
Building Materials
Other Contracted Services
Software Maintenance
Tuition ReimbursementlSchool
Instructor Service
Instructor Service
Due to Other Governments
Pager & Cell Phone
Employment Support Test
Business Unit
122688
122689
122690
122691
122692
122693
122694
122695
122696
122697
122698
122699
122700
122701
122702
122703
122704
122705
122706
122707
122708
122709
12271 0
12271 1
12271 2
12271 3
12271 4
12271 5
12271 6
122717
12271 8
12271 9
122720
122721
122722
122723
122724
122725
122726
122727
122728
122729
122730
122731
122732
122733
122734
122735
122736
122738
122739
122740
122741
122742
122743
122744
122745
122746
122747
122748
122749
122750
122751
122752
122753
122754
122755
122756
122757
122758
122759
122760
122761
122762
122763
122764
122765
200
4,984
250
25
1,844
16
1,522
69
100
5
277
200
114
65
6
16
1,617
1,336
50
694
5
3,295
1,394
17
24
2
2
80
1,209
67
103
5
91
168
300
279
600
350
185
43
131
90
556
3,565
3,474
2,647
8,253
2,116
14,581
18,831
8,342
239
445
1,221
23
6,141
71 6
1,886
6,476
17,007
1,607
705
1,392
2,725
702
467
2,191
14
871
860
448
2,735
1,170
142
114,865
61
I95 C
c
Staring Lake Concert
General Fund
Staring Lake Concert
General
Water Accounting
Water Enterprise Fund
Park Maintenance
Police
Outdoor Center
Senior Center Program
Outdoor Center
Escrow
City Clerk
Engineering
General Fund
General Fund
City Manager
Fire
Police
Water Treatment Plant
Outdoor Center
Housing, Trans, & Human Serv
Oak Point Operations
General Fund
General Fund
Outdoor Center
Outdoor Center
Outdoor Center
Senior Center Program
Police
Sewer Liftstation
Senior Center Program
Fleet Services
Prairie Village Liquor Store
Escrow
General Fund
Staring Lake Concert
Outdoor Center
Sewer Utility - General
Tennis
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Wireless Communication
Senior Center
Water Utility - General
Water Treatment Plant
Fire
Park Maintenance
Water System Maintenance
Information Technology
Fire
Athletics
Summer Skill Development
SAC Agency Fund
Water System Maintenance
Human Resources
Check *
122766
1 22767
122768
122769
122770
122771
122772
122773
122774
122775
122776
122777
122778
122779
122780
122781
122782
122783
122784
122785
122786
122787
122788
122789
122790
122791
122792
122793
122794
122795
122796
122797
122798
122799
122800
122801
122802
122803
122804
122805
122806
122807
122808
122809
12281 0
12281 1
12281 2
12281 3
122814
122815
12281 6
122817
12281 8
12281 9
122820
122821
122822
122823
122824
122825
122826
122827
122828
122829
122830
122831
122832
122833
122834
122835
122836
122837
122838
122839
122840
122841
122842
147
420
7,363
50
22
700
144
438
1,533
95
450
650
275
1,509
200
260
264
9
71
91 1
1
2,000
40
561
15
142
57,190
367
63
87
70
176
41 7
37
156
31 0
20
31 0
303
256
745,740
904
1,590
679
384
207
879
848
183
2,000
5,087
582
88
, 286
656
31 0
869
101
5,625
1,140
14
20,212
303
51
193
286
14,249
8,186
168
37
504
209
80
2,247
205
126
1,434
Vendor I Explanation
MINNESOTA STATE FIRE CHIEFS AS
MINNESOTA STATE FIRE DEPT ASSN
MINNESOTA STATE TREASURER
NORMSTAR CHAPTER
PACK 0 FUN
PAUL, CYRIL
PELTIER, JAMES
PETTY CASH
QWEST
QWEST CLAIMS
RAMSEY COUNTY SHERIFF'S DEPT.
RICHARD ALAN PRODUCTIONS
SCHIFFMAN, JIM
SCHMITZ, THOMAS
SPRINT PCS
TILTON EQUIPMENT COMPANY
VALLEYFAIR AMUSEMENT PARK
VEITH, MICHELLE
WHITE, NICOLE
A P LAWN INC
A TO Z RENTAL CENTER
AAA LAMBERTS LANDSCAPE PRODUCT
ABSOLUTE RAIN INC.
ALL METRO SUPPLIES
ALLIED VAUGHN
AMERICAN LIBERTY CONSTRUCTION,
AMERICAN RED CROSS
AMERICAN WATER WORKS ASSOCIATI
ANCHOR PAPER COMPANY
AQUA ENGINEERING INC
AUTO ELECTRIC SPECIALISTS
BALDWIN COOKE COMPANY
BARTOS PRODUCTS
BATTERY STORE INC, THE
BAUER BUILT TIRE AND BATTERY
BAUERSCHMIDT, KRlS
BECKER ARENA PRODUCTS INC
BERTELSON OFFICE PLUS
BIRD ELECTRONIC CORPORATION
BITUMINOUS ROADWAYS INC
BLOOMINGTON SECURITY SOLUTIONS
BLOOMINGTON, CITY OF
BOYER TRUCKS SO. ST. PAUL
BRAUN INTERTEC CORPORATION
BRYAN ROCK PRODUCTS INC
BURTON EQUIPMENT INC
CATCO PARTS SERVICE
CE LASALLE & ASSOCIATES
CEMSTONE
CENTRAIRE INC
CLAREYS INC
CLARKLIFT' OF MINNESOTA INC
COLOR CENTER, THE
CONNEY SAFETY PRODUCTS
CONSTRUCTION MATERIALS INC
COPY EQUIPMENT INC
CORNERSTONE
CORPORATE EXPRESS
CUB FOODS EDEN PRAIRIE
CY'S UNIFORMS
DALE GREEN COMPANY, THE
DAVIES/NORTHERN WATER WORKS
DECORATIVE DESIGNS INC
DELANO ERICKSON ARCHITECTS
DELL MARKETING L.P.
DESAULNIERS, DAN
DIGIGFIAPHICS/PHOTOS INC.
ECOLAB INC
EDEN PRAIRIE ROTARY CLUB
EDHLUND, ERIC
EF JOHNSON
EGAN OIL COMPANY
EICKERT, KIM
A-1 SURFACING
BRO-TEX INC
CITI-CARGO &STORAGE CO, INC
CUTLER-MAGNER COMPANY
55
Account Description
Conference Expense
Dues &Subscriptions
Building Surcharge
Dues &Subscriptions
Dues &Subscriptions
Other Contracted Services
Operating Supplies
Mileage & Parking
Telephone
Other Contracted Services
Deposits
Other Contracted Services
Other Contracted Services
Tuition ReimbursementlScho
Riley Lake Shelter
Protective Clothing
Special Event Fees
Operating Supplies
Mileage & Parking
Building Repair & Maint.
Equipment Parts
Other Contracted Services
Landscape Materials/Supp
Building Repair & Maint.
Landscape MaterialdSupp
Video & Photo Supplies
Other Contracted Services
Recreation Supplies
Training Supplies
Office Supplies
Landscape Materials/Supp
Equipment Parts
Office Supplies
Equipment Parts
Video & Photo Supplies
Tires
Other Contracted Services
Repair & Maint. Supplies
Office Supplies
Equipment Repair & Maint
Asphalt Overlay
Building Repair & Maint.
Kennel Services
Equipment Repair & Maint
Testing - Soil Boring
Cleaning Supplies
Gravel
Capital Under $2,000
Equipment Repair & Maint
Other Contracted Services
Repair & Maint. Supplies
Equipment Repair & Maint
Operating Supplies
Operating Supplies
Equipment Repair & Maint
Repair & Maint. Supplies
Cleaning Supplies
Repair & Maint. Supplies
Operating Supplies
Other Contracted Services
Office Supplies
Operating Supplies
Chemicals
Clothing & Uniforms
Landscape MaterialdSupp
Repair & Maint. Supplies
Other Contracted Services
Other Contracted Services
Other Hardware
Other Contracted Services
Video & Photo Supplies
Other Contracted Services
Dues & Subscriptions
Other Contracted Services
Equipment Repair & Maint
Lubricants & Additives
Other Contracted Services
Business Unit
Fire
Fire
General Fund
Finance
Youth Programs Administration
Staring Lake Concert
Fire
General Facilities
E-91 1 Program
Water System Maintenance
Escrow
Staring Lake Concert
Staring Lake Concert
Park Facilities
Park Maintenance
Teen Work Program\
Therapeutic Recreation
Adaptive Recreation
Fire Station #1
Park Maintenance
Franlo Park
Street Maintenance
Fire Station #1
Water System Maintenance
Police
TIF fund
Pool Lessons
Water Utility - General
General
Street Maintenance
Fleet Services
Water Utility - General
Fleet Services
Police
Fleet Services
Soflball
Ice Arena
Water Utility - General
Police
Street Maintenance
Den Road Liquor Store
Animal Control
Fleet Services
Improvement Projects 1996
Sewer Utility - General
Water System Maintenance
Water Treatment Plant
Fleet Services
Planning & Development
Storm Drainage
Prairie Village Liquor Store
Summer Theatre
General
Water Treatment Plant
Water Treatment Plant
Water Treatment Plant
Storm Drainage
Park Maintenance
Legal Council
Police
Fire
Water Treatment Plant
Police
Street Maintenance
Water System Maintenance
Water Treatment Plant
TIF fund
Information Technology
Sonball
Communication Services
Douglas More House
In Service Training
Ice Arena
Wireless Communication
Fleet Services
Soflball
01 Fire
Amount
4,162
I 09
4,691
2,491
2,025
62
905
200
169
633
3,291
36
42
94
1,680
5,005
11,045
9,427
1,000
273
193
1,026
380
670
40
75
791
4,011
3,013
163
480
40
1,344
287
114
31 a
9,975
96
98,876
588
3,897
58
1,185
ao
25
674
1,032
17,115
126
131
2,800
651
1,119
253
27,672
171,947
288
5,288
i 4,378
I ,823
548
284
4,798
19,126
245
1,760
109
504
254
23,848
41
6,200
52,030
22
32
1,816
770
VendOrlE?@anation
ELECTRIC PUMP
EMERGENCY AUTOMOTIVE TECHNOLOG
ESS BROTHERS &SONS INC*
EULLS MANUFACTURING CO INC
FACILITY SYSTEMS INC
FAMILY & CHILDRENS SERVICE
FASTENAL COMPANY
FASTSIGNS
FERO, STACEY
FERRELLGAS
FlKES HYGIENE SERVICES
FORE MECHANICAL, INC
GENERAL REPAIR SERVICE
GINA MARIAS INC
GN NETCOM INC
GRAINGER
HACH COMPANY
HANSEN THORP PELLINEN OLSON
HARTLAND FUEL PRODUCTS LLC
HAWKINS WATER TREATMENT GROUP
HIGLEY, STEVE
HOLMES, JOHN CARTER
HYDROLOGIC
IC1 DULUX PAINT CTRS
IN CONTROL INC.
INFRATECH
INSIGHT PUBLIC SECTOR
INTOXIMETERS
J MARCEL ENTERPRISES
JANEX INC
JOHN HENRY FOSTER MINNESOTA IN
KJOLHAUG ENVIRONMENTAL SERVICE
KUSTOM SIGNALS INC
LAKE COUNTRY DOOR
LANDS END CORPORATE SALES
LAN0 EQUIPMENT INC
LEROY JOB TRUCKING INC
LESCO INC
LIFE SAFETY SYSTEMS
LIQUID ENGINEERING CORPORATION
LOCKGUARD, INC.
LOGlS
LORENSON, JEFFREY
M SHANKEN COMMUNICATIONS INC
MACDONALD & MACK ARCHITECTS LT
MACQUEEN EQUIPMENT INC
MAGNEY CONSTRUCTION INC
MARKS EDEN PRAIRIE AMOCO
MARS CO
MCGREGOR, RANDY
MENARDS
METRO BRUSH & SUPPLY
METRO CONCRETE RAISING INC
METROPOLITAN COUNCIL ENVIRONME
METROPOLITAN FORD
MIDWEST ASPHALT CORPORATION
MILLER DUNWIDDIE
MINNESOTA PIPE AND EQUIPMENT*
MINNESOTA PRINT MANAGEMENT LLC
MINNESOTA ROADWAYS CO
MINNESOTA WANNER COMPANY
MTI DISTRIBUTING INC
NATIONAL WATERWORKS
NATURAL REFLECTIONS VI1 LLC
NORTHLAND BUSINESS SYSTEMS
OLNESS, TODD
OLSEN COMPANIES
PARROlT CONTRACTING INC
PETSMART
PLEHAL BLACKTOPPING INC
PRAIRIE ELECTRIC COMPANY
PRAIRIE LAWN AND GARDEN
RADIOSHACK
RAY, LEE //
G & K SERVICES-MPLS INDUSTRIAL
MARTIN-MCALLISTER
Account Description
Equipment Repair & Maint
Equipment Parts
Repair & Maint. Supplies
Repair & Maint Supplies
Capital Under $2,000
Other Contracted Services
Equipment Parts
Signs
Other Contracted Services
Motor Fuels
Building Repair & Maint.
Equipment Repair & Maint
Cleaning Supplies
Repair & Maint. Supplies
Operating Supplies
Operating Supplies
Small Tools
Operating Supplies
Design & Engineering
Motor Fuels
Chemicals
Other Contracted Services
Other Contracted Services
Repair & Maint. Supplies
Repair & Maint. Supplies
Equipment Repair & Maint
Repair & Maint. Supplies
Video & Photo Supplies
Operating Supplies
Clothing & Uniforms
Cleaning Supplies
Equipment Repair & Maint
Design & Engineering
Equipment Repair & Maint
Building Repair & Maint.
Clothing & Uniforms
Equipment Parts
Other Contracted Services
Landscape MaterialdSupp
Equipment Repair & Maint
Other Contracted Services
Building Repair & Maint.
Network Support
Other Contracted Services
Misc Non-Taxable
Building
Equipment Parts
Improvement Contracts
Equipment Repair & Maint
Office Supplies
Employment Support Test
Other Contracted Services
Operating Supplies
Cleaning Supplies
Seal Coating
Waste Disposal
Equipment Parts
Gravel
Building
Repair & Maint. Supplies
Office Supplies
Patching Asphalt
Equipment Parts
Equipment Parts
Repair & Maint. Supplies
Machinery & Equipment
Miscellaneous
Other Contracted Services
Equipment Parts
Other Contracted Services
Canine Supplies
Other Contracted Services
Building Repair & Maint.
Repair & Maint. Supplies
Operating Supplies
Other Contracted Services
REED CONSTRUCTION DATA 3Q Legal Notices Publishing
Business Unit
Water Treatment Plant
Fleet Services
Wafer System Maintenance
Storm Drainage
Fumihrre
Housing, Trans, & Human Serv
Fleet Services
Park Maintenance
Volleyball
Ice Arena
Den Road Liquor Store
Public Works/Parks
Water Treatment Plant
Water System Maintenance
Fire
Telephone
Fleet Services
Water Treatment Plant
Utility Improvement Fund
Fleet Services
Water Treatment Plant
Softball
Softball
Park Maintenance
Water System Maintenance
Water Well #9
Storm Drainage
Communication Services
Police
Police
General Facilities
Water Treatment Plant
Charlson Area Construction
Police
City Center Operations
Police
Fleet Services
Animal Control
Water System Maintenance
City Center Operations
Water Treatment Plant
Round Lake
Information Technology
Softball
Prairie View Liquor Store
Capital Impr. / Maint. Fund
Fleet Services
Utility Improvement Fund
Fleet Services
Water Utility - General
Human Resources
Softball
Park Maintenance
General Facilities
Street Maintenance
Sewer Utility - General
Fleet Services
Street Maintenance
Capital Impr. / Maint. Fund
Water System Maintenance
General
Street Maintenance
Fleet Services
Fleet Services
Water Meter Repair
Water Treatment Plant
Information Technology
Softball
Fleet Services
Water System Maintenance
Police
Storm Drainage
Water Well #4
Water System Maintenance
Police
Softball
Charlson Area Construction
Check%
122921
122922
122923
122924
122925
122926
122927
122928
122929
122930
122931
122932
122933
122934
122935
122936
122937
122938
122939
122940
122941
122942
122943
122944
122945
122946
122947
122948
122949
122950
122951
122952
122953
122954
122955
122956
122957
122958
122959
122960
122961
122962
122963
122964
122965
122966
122967
122968
122969
122970
122971
122972
122973
122974
122975
122976
Amount
449
105
28,141
905
37
588
150
80
6,232
22,755
96
1,980
113,883
570
784
7
589
2,500
943
1,897
158
140
154
2,723
647
435
2,060
51 7
1,507
181
693
805
18
115
639
432
469
238
460
4,200
23,839
3,925
9,523
63
60,776
115
104
169
84
87
1,430
129
1,090
446
14,273
84
2,503,682
VendwlExPJanation
REUAKOR SERVICES
RIGID HITCH INCORPORATED
RMR SERVICES INC
RUMPCA CO INC
RUSSELL & MILLER INC
SCHWARTZ, DONALD
SCRAP METAL PROCESSORS INC
SEARS COMMERCIAL ONE
SENIOR COMMUNITY SERVICES
SHENEHON COMPANY
SHRED-IT
SL-SERCO
SNAP-ON TOOLS
SM HENTGES &SONS INC
SPS COMPANIES
STAR TRIBUNE
STATE CHEMICAL MFG. CO., THE
STOREFRONT GROUP, THE
STRAND MANUFACTURING CO INC
STREICHERS
SUBURBAN CHEVROLET GEO
SUBURBANPROPANE
SUBURBAN TIRE WHOLESALE INC
SUMMIT ENVIROSOLUTIONS
SUN NEWSPAPERS
SWEDLUNDS
TEENS ALONE
TESSCO
TESSMAN SEED CO
THYSSENKRUPP ELEVATOR
TIMM, KEVIN
TKDA
TOLL GAS AND WELDING SUPPLY
TRIARCO
TWIN CITY SEED CO
UNIFORMS UNLIMITED
UNITED CALIFORNIA FACTORS
UNLIMITED SUPPLIES INC
US CAVALRY
VALLEY RICH CO INC
VERNCO MAINTENANCE INC
VESSCO INC
VOSS LIGHTING
VP ENTERPRISES OF MINNESOTA IN
VWR INTERNATIONAL INC
WHEELER LUMBER LLC
WIGLEY, GRIFFIN J.
WM MUELLER AND SONS INC
WOLF CAMERA
YALE MECHANICAL INC
ZACKS INC
ZAHN, GERALD
ZEE MEDICAL SERVICE
ZIEGLER INC
ZOELLNER, MARK
Grand Total
US POSTMASTER - HOPKINS
Account Description
Other Contracted Services
Equipment Parts
Other Contracted Services
Waste Disposal
Operating Supplies
Other Contracted Services
Equipment Repair & Maint
Operating Supplies
Other contracted Services
Other Contracted Services
Waste Disposal
Other Contracted Services
Improvement Contracts
Small Tools
Repair & Maint. Supplies
Misc Non-Taxable
Cleaning Supplies
Other Contracted Services
Equipment Parts
Clothing & Uniforms
Equipment Parts
Equipment Repair & Maint
Tires
Other Contracted Services
Legal Notices Publishing
Waste Disposal
Other Contracted Services
Equipment Parts
Chemicals
Building Repair & Maint.
Other Contracted Services
Other Contracted Services
Operating Supplies
Operating Supplies
Landscape Materials/Supp
Clothing & Uniforms
Operating Supplies
Equipment Parts
Training Supplies
Postage
Other Contracted Services
Other Contracted Services
Other Contracted Services
Repair & Maint. Supplies
Improvement Contracts
Operating Supplies
Signs
Other Contracted Services
Improvements to Land
Video & Photo Supplies
Equipment Repair & Maint
Small Tools
Other Contracted Services
Office Supplies
Equipment Repair & Maint
Other Contracted Services
Business Unit
Park Maintenance
Fleet Services
UUT@ Improvement Fund
Tree Removal
Den Road Liquor Store
Softball
Fleet Services
Police
Housing, Trans, & Human Sew
Den Road Liquor Store
City Center Operations
Water Treatment Plant
Charlson Area Construction
Fleet Services
Water Treatment Plant
Prairie View Liquor Store
Water Treatment Plant
Housing, Trans, & Human Serv
Water Treatment Plant
Police
Fleet Services
Fleet Services
Fleet Services
Water Utility - General
City Clerk
Outdoor Center
Housing, Trans, & Human Sew
Wireless Communication
Park Maintenance
Senior Center
Soft ball
Water System Maintenance
Park Maintenance
Outdoor Center
Street Maintenance
Fire
Sewer Utility - General
Fleet Services
Police
Community Brochure
Water System Maintenance
Water Treatment Plant
Water Treatment Plant
Maintenance
Improvement Projects 1996
Water Treatment Plant
Traffic Signs
Information Technology
Capital Impr. / Maint. Fund
Assessing
Water Treatment Plant
Sewer System Maintenance
Volleyball
Senior Center Administration
Water Well #6
Softball
CITY COUNCIL AGENDA DATE:
SECTION: Appointments August 19,2003
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Robert A. Lambert@
Director of Parks & Recreation
Appointment to the Parks, Recreation and Natural
Resources Commission
Requested Action
City staff requests the Council to fill a vacancy on the Parks, Recreation and Natural Resources
Commission to fill Trisha Swanson’s tern, which expires in March 2004.
synopsis
Trisha Swanson resigned her position on the Parks, Recreation and Natural Resources
Commission when she moved to Oregon in June. Her term will expire in March 2004. If the
Council wishes to fill that term, the following candidates have applied for appointment to the
Parks, Recreation and Natural Resources Commission:
Scott Anderson
Cari Grayson
Patrick Haley
Michael Moriarity
Ken Opasinski
Rob Phillips
Craig Weaver
Matthew White
845 1 Kimball Drive
8434 Morgan Lane (recently appointed to the Arts Commission)
7250 Hunters Run
9500 Garrision Way
8076 Timber Lake Drive
9377 Shetland Road
18680 Melrose Chase
13323 Cannel Trail
The Council has discussed the possibility of reducing the Commission fkom nine to seven
members. If that is the ultimate plan, the Council should not make an appointment and reduce
the Commission to the seven members, as four terms will expire in March.
RAL:mdd
58
DATE: CITY COUNCIL AGENDA
SECTION: Report of City Manager
I
08/19/03
DEPARTMENT:
Scott Neal, City Manager
ITEM DESCRIPTION:
Prairieview Liquor Store Lease
I ITEMNO.: I
Requested Action
Move to: Authorize the Mayor and City Manager to enter into a Lease with Prairieview Retail,
LLC for the liquor store at the Prairieview Mall.
Synopsis
Prairieview Retail, LLC has submitted a proposal to extend the City’s liquor store lease at the
Prairieview Mall for 5 years with an option to extend the lease an additional 5 years. The City is
currently operating under a lease that expires August 31,2003.
An essential component of this proposal is to reduce the size of the store by the amount of square
footage that was added in 1997. The store is currently 5,642 square feet in size. A decrease of
1,394 will reduce the size of the store to 4,248 square feet. By reducing the size of the store, rent
and common area maintenance expense will be reduced by about $28,000. A minimal impact
on sales is forecasted leading to an increase in net income. Along with the reduction in square
footage, the store will be remodeled to look the same as the other stores in the operation.
Additional advantages of entering into a new lease at this time include:
e
e Guarantees favorable lease rates.
Completely updatedhemodeled store.
Ensures liquor store presence at the Prairieview Mall until 2005.
The final lease document will be presented to the City Council for approval at the September 2
City Council meeting.
54
CITY COUNCIL AGENDA
SECTION: Reports of Director of Parks and Recreation
DATE:
I 8/19/03
DEPARTMENT: 1 ITEM DESCRIPTION: ITEM NO.:
Robert A. Lambert
Director of Parks & Recreation
Dasher board advertisement at Community Center mi- P .L
Requested Action
Motion: Move to authorize staff to sell dasher board advertisement in the main rink at the
Eden Prairie Community Center.
Synopsis
Staff believes that selling dasher board advertising would generate $20,000-$30,000 annually. This would
enable the Community Center to repair and replace items within the arena that are worn, outdated or in
disrepair.
Examples include: ‘l
Estimated Cost
Paint walls in the main rink
Replace skate tiles in both rinks $60,000
Replace Zamboni $80,000
$20,000
Background
Currently the Community Center does offer forms of advertising in the arena, including odabove the
scoreboards and on the zamboni’s.
Dasher board advertising is a standard feature in many rinks in the Twin Cities metro area. They provide
local businesses with the opportunity to advertise and support their community rink at the same time. The
cost of a 30” x 8’ dasher board with advertising is approximately $400.00. The revenue generated would
be $3,400.00 per dasher board for 3 years of advertising. After direct costs, this is $1,000.00 per year per
dasher. The main rink at the Community Center is able to support approximately 30 dasher boards.
Advertisement fees would be approved by the City Council thru the fee resolution each year.
Staff would work with the Hockey Association, Figure Skating Club and Chamber of Commerce, to
solicit local businesses for advertising. All advertishg wobld be approved before selling to ensure that
only appropriate advertising is secured.
This request was approved unanimously by the Parks and Recreation Commission at the
August 4,2003 meeting, on the condition that staff was able to sell a minimum of $15,000 of
advertisement annually.
.~
Attachment: Communities that offer dasher board advertising
Listed below is a breakdown of SarroUIlcling communities that offer dasher board sales, including Chaska,
Pagel arena in Mimetodm and victoria, which have began selling dasher boards in 2002-03.
Braemar Arena, Edina
Brooklyn Park Arena
Bumsville Ice Arena
Chaska Ice Arena
Cottage Grove
Eagan Civic Arena
Edison Ice Arena
Inver Grove Heights
Lakeville Arena
Marriucci arena
Pagel Arena, Minnetonka
Parade Arena
Plymouth Ice Center
Richfield Arena
Ritter Arena
Shakopee
St. Louis Park
Wakotah, South St. Paul
Listed below are surrounding communities that offer wall banner sales
Apple Valley Hayes Arena
Schwann’s Super Rmk, Blaine
Minnetonka Arena
Rosemount
Billenburg Arena, Woodbury
CITYCOUNCILAGENDA r DATE:
SECTION. Reports ofDirector of Parks and Recreation 811 9/03
ITEM NO.: -m D2 ITEM DESCRIPTION
High School banners at the Community Center
DEPARTMENT:
Robert A. Lambert
Director of Parks & Recreation
Requested Action
Move to: Move to authorize stafT to place Eden Prairie High School banners in the main
rink at Eden Prairie Community Center to accommodate a request by the Eden
Prairie High School.
Synopsis
Eden Prairie High School has made a request to hang banners in the main rink at Eden Prairie
Community Center. There would be one banner recognizing conference championships for the
boys and girls high school hockey teams. There would be a second banner recognizing
appearances at the state hockey tournament. There would be a third set of banners
acknowledging the member schools in the Lake Conference.
Background
Eden Prairie High School practices and plays all home games at the Eden Prairie Community
Center. Although the program has a rich tradition, there are currently no banners hanging in the
main arena to acknowledge the various accomplishments of both the girls and boys varsity
teams. There currently are banners in the Community Center Pool acknowledging state
championships by the girls and boys varsity swim teams.
It would be the responsibility of Eden Prairie High School to purchase and maintain the various
banners. All banners would have to be approved by City staff before being purchased. Banners
would be hung by City staff
This request was approved unanimously by the Parks and Recreation Commission at the August
4,2003 meeting.
Educating for success in our diverse and changing world.
DATE: July 29,2003
TO: Bob Lanzi, City of Eden Prairie
FROM: Mike Grant, Activities Director
RE: FLAGS IN ICE ARENA
On behalf of the Eden Prairie High School Hockey program, I am requesting the
opportunity to hang in the arena banners commemorating conference and section
championships and state tournament appearances as well as banners representing each of
the Lake Conference schools. Hockey booster groups will pay for the cost of banners and
their display.
I believe the precedent has been set with the hanging of like banners in the pool area. We
would respectfully request the same opportunity for our hockey teams.
If you have any questions, please call me at 952-975-8101.
Office of Student Activities
17185 Valley View Road
Eden Prairie, MN 55346
p) 952-975-8100
fl952-975-8104
WJ w.edenpr.kiz.mn.us
CITY COUNCIL AGENDA
SECTION: Director of Parks and Recreation
ITEM DESCRIPTION:
Reservation Use of City Facilities
DEPARTMENT:
Parks & Recreation
Robert A. Lambert
Director of Parks & Recreation
Requested Action
DATE:
August 19,2003
ITEM NO.:
XTTT. .Dt3
Motion: Move to support the recommended priority uses and fees listed in the August 19*
memorandum and request the City/School Facility Use Advisory Committee to
appoint an ad hoc committee to address public use of city and school facilities
regarding appropriate reservation fees, policies, and priority uses.
Synopsis
At the July 7* and August 4* meetings, the Parks, Recreation and Natural Resources
Commission reviewed current practices and fees for public use of city facilities. At those
meetings, the Commission expressed a concern regarding organizations and individuals that were
utilizing public facilities for private gain without rental fees.
At the July 7* meeting, the Commission requested staff to provide a recommendation relating to
appropriate fees for all users beyond league play for youth and to address the issue of
associations subleasing facilities. At the August 4* meeting, the Commission supported the
policies and fees listed in this memorandum and recommended the Council forward these
proposals to the City/School Facility Use Advisory Committee for their study and support.
Background
Several years ago the City Council and the Eden Prairie School Board established the City
School Facility Use Advisory Committee to ensure compatibility in terms of fees and policies for
public use of city and school facilities, as well as city use of school facilities and vice versa.
City staff believe the City and the School District have similar concerns regarding overuse of
public facilities and should have the same concerns regarding who has priority use of school
facilities and city facilities, who should be charged fees for the use of those facilities, and who
should not be able allowed to use those facilities.
The City adopted guidelines for priority use of public facilities in 1997. A copy of that policy is
attached to this memorandum. The athletic associations were involved in helping the City
develop that priority use policy and complied with providing information on numbers of teams,
residency requirement, tournament information, etc. in 1998. Since that time, as Board members
and field schedulers are replaced, the City has not been able to obtain the information required
Use ofPublic Facilities
August 19,2003
Page 2
by that policy from any organization. The City is rarely able to obtain information on games and
tournament dates within the timefiame necessary to schedule the maintenance. Since 1997,
many organizations have expanded tournaments to a great degree and have begun the practice of
subleasing not only tournaments but league operations, clinics, camps, and lessons to individuals
or for profit organizations.
City staff believe the City and School District should take a position reiterating the established
policy for priority use of public facilities and consider making the following changes relating to
priority use and fees for facilities:
1. All youth athletic associations providing league games for children 18 and under should
have access for league games and practices at no cost (with a maximum number of uses
per team pr week as set by the 1997 policy). This assumes that 95% of the participants
are Eden Prairie residents.
2. Athletic associations, clubs for Eden Prairie teams that accolllmodate participants 19
years and older should be charged a maintenance fee for the use of ballfields, courts, etc.
for league play, tournaments, etc. to pay for direct costs.
3. All users should pay a fee for the use of court and ballfields for any tournament, clinic,
camp, or individual lesson programs where fees are collected. Staff recommend
eliminating any “free tournaments” to all travel league programs and would recommend
retaining one €tee tournament for in-house programs.,
4. City staff would recommend limiting reservations of any public facilities for camps,
clinics, and lesson programs to programs that have a minimum of 50% Eden Prairie
residents. Program registration lists would be verified prior to the first day of use.
Priority use of City facilities for these clinics, camps, etc. would be based on the
established priority use schedule relating to the percentage of Eden Prairie participants in
the program. Less than 50% Eden Prairie residents would not be allowed a reservation.
Other Issues that Need to be Addressed
Over use of city and school facilities must be addressed soon as the current practice is to protect
school facilities and reschedule everything to city facilities at no cost to the School District. City
facilities will ultimately pay the price. City stafT believe the School District should pay the City
a significant portion of the City’s “actual costs” for maintaining those facilities.
Contrary to the current policy athletic associations currently sublease Eden Prairie fields to other
organizations such as the Minnesota Sports Federation, the MU, etc., to run leagues and
tournaments. If the City wishes to allow those organizations to use City facilities there should be
a requirement to reserve facilities through the City and pay the City a non resident rate. This
would be a change to the existing policy and a rate would have to be established. City staff
believe that resident use is already maximizing the tolerance of fields and do not support
65
Use of Public Facilities
August 19,2003
Page 3
continuing the practice of outside organizations using Eden Prairie fields for their leagues and
tournaments.
Actual Costs
In determining costs on the chart the following costs were included:
Mowing fields - labor and equipment
Painting lines - labor, equipment and material
Dragging and chalking fields - labor, equipment and material
Hauling trash - labor and equipment
Irrigation - electrical, labor (no water costs)
Portable toilets - $55/unit/month (divided by cost/day)
0 Labor on weekends - overtime for one fulltime and 1 part time (often use two fulltime)
Cost not included:
Park attendants
Administration costs
Fertilizer, weed control, aeration, over seeding - labor, equipment, material
Costs to maintain practice fields
Costs for removing and replacing goals for soccer tournaments
The City has:
35 soccer game fields and 8 soccer practice fields
5 football game fields and 12 football practice fields
4 lacrosse game fields and 0 lacrosse practice fields.
37 softballbaseball fields and 13 softballbaseball practice fields
Additional ballfields at neighborhood parks not scheduled by athletic association s
The following chart compares actual costs per field per day for various facilities compared to
what the City is charging per field per day for the use of those facilities, and the proposed fee per
field per day for those facilities.
Use of Public Facilities
August 19,2003
Page 4
League Play
Youth
.Adult
Clinics and Camps
Youth
Adult
Tournaments
$36.63 -0- -0-
$36.63 $22/game $22/game
(2-3 games/field/day)
$36.63 -0- $35/field/day
N/A N/A N/A
Youth, State, Regional,
National
$98.92 (change field
layout)
$89.16 (change field
layout)
$89.16
Youth Regular
$65 (plus portable
toilets) lights
$45 (plus portable
toilets) + $15for lights lights
$65 (plus portable
$85/field/day +$5 with
(plus portable toilets)
$85/field/day +$5 with
(plus portable toilets)
$85/field/day + $5 with
(plus portable toilets)
toilets) lights
Adult
SUMMARY
The changes would include the following:
1. Youth clinics, private lessons, camps, etc. would pay a rental fee based on actual facility
maintenance costs. ($35/field/day for all uses)
2. Tournament fees would be increased to reflect the actual costs. ($85/field/day +$5/field
if using lights)
3. Adult soccer, football and baseball teams would pay for field use at same rate that adult
sofiball teams have been paying.
Use of Public Facilities
August 19,2003
Page 5
Rationale for these changes is that the general taxpayer should not be subsidizing youth clinics
and special instruction camps, nor should the general taxpayer be subsidizing either youth or
adult athletic tournaments, or adult team league games.
RAL:mdd
6%
POLICY
ESTABLISHING GUIDELINES FORPRIORITYUSE OF PUBLIC FACILl"D3S
The following policy establishing guidelines for priori@ use of public facilities was approved by
the City Council on April 1 , 1997, and was developed from input received at a meeting of Eden
Prairie Athletic Association representatives and the Parks, Recreation and Natural Resources
Commission. .
PURPOSE AM) INTENT:
The purpose of this policy which establishes guidelines for the priority use of parks and facilities
in the City of Eden Prairie is to provide for health, safety and welfare of the public.
It is the intent of this policy to grant priority use for exclusive or ongoing use of municipal park
property to those organizations which operate programs'under the same general guidelines which
' govern public programs operated by the Parks, Recreation and Natural Resources Department.
REQUXREMENTs OF ORGANIZATIONS THAT RECEIVE FREE OR PRIORITY USAGE
RATES FOR LEAGUE USE OF PARK FACILITIES:
Organizations which request special permits to offer ongoing programs on municipal property
without paying a usage fee, or at priority usage rates, are required to comply with the following
guidelines:
1.
2.
3.
4.
5.
6.
Organizations must be Eden Prairie, non profit, public service groups. "Eden Prairie" is
defined as located or based in Eden Prairie. 'Non profit" means a not for profit organization
as defined by state statutes. "Public service group" is defined as a group. organized to
provide a public service to the entire community, or all iudividuals in the community within
the age group being served.,
Organizations are to deposit a copy of all bylaws or documents which govern their operation
at the Parks, Recreation and Natural Resources Department, so that those documents may
be available for public review.
Organizations are to make all information concerning the governance of their programs
available to participants upon request.
Meetings of the organization's governing body, except those which deal with personnel
issues or litigation, are to be publicized in advance and open to participation to all program
participants.
The election of the organization's governing body is to be a process which is open to all
program participants.
Head coaches working in youth sport organizationS are to be trained and/or certified through
a program deemed appropriate by the Parks, Recreation and Natural Resources Department.
This training will address values, safety and liability.
7. Organizations are to beadequately prepared for dealing with participants that have special
economic, physical or social needs.
8. Organizations are not to discriminate against program participants or applicants in any
IXlaMer.
L. .. . REQUIREMENTS OF ORGANIZATIONS THAT ARE AUTHORIZED TO RECEIVE
PERMITS TO HOLD TOURNAMENTS ON MUNICIPAL PARK PROPERTY:
1. Organizations must be Eden Prairie, non profit public service groups. '!Eden Prairie" is
defined as located or based in Eden Prairie. '"on profit" means a not for profit organization
as defined by state statutes. "Public service group" is defined as a group organized to
provide a public service to the entire community, or all individuals in the cornunity within
the age group being served.
REQUIREMENTS OF TEAMS NOT AFFILIATED WITH AN EDEN PRAIRIE NON
PROFIT ORGANIZATION REQUESTING RESERVATION OF FIELD USAGE:
1. Team must be composed of a minimum of 50% Eden Prairie residents.
2. Field reservations will be limited to their home games only, or their team practices with a
maximum of one time per week.
3. Fees will be based on direct costs to the City.
4. Permit required.
REQUIREMENTS OF GROUPS FOR SINGLE USE REQUESTS: (i.e., Eden Prairie Cub
Scout Groups, Eden Prairie Church Groups, Eden Prairie Neighborhood Groups, Eden
Prairie Businesses)
1. Fifty percent of the participants must either live or work in Eden Prairie.
2. Fees will be based on direct costs to the City.
3. . Permit required,
Organizations that meet the above stated guidelines that are requesting special permits for single use
or to offer ongoing programs on municipal property will be granted the opportunity based on the
following use schedule, and within the adopted standards for number.of uses per team.
..
Priority I: City Programs (Examples: summer recreation programs, lesson programs, open swim,
special events open to the entire community.)
Priority TL: School District 272 Programs (Examples: cu,rriculum programs, interscholastic team
practices, games, tournaments, etc.)
Priority ILk Youth teams (18 and under) that are members of non.profit organizations that have the
following guaranteed in their bylaws:
e
e
95%.Eden Prairie residents. Eden Prairie residents are defined as individuals who live in
Eden Prairie or who go to school in Eden Prairie. Any non residents who don't attend Eden
Prairie schools will pay a non resident fee to be established by the City Council.
Residency requirements for swim teams is a minimum of 60% Eden Prairie residents;
however, the highest priority will be dethed by using the following formula: (% of Eden
Prairie team members x total number of team members = quotient number). The club or
team with the highest quotient number will have highest priority if they meet all other
Priority III requirements.
Association or club is a non profit organization as defined by state statute:
The Association or Club must file a financial statement with the City each year that will be
made public upon request. This statement must indicate revenue, expenditures and fund
balances.
Association is open to all Eden Prairie residents and must offer equal opportunities for
participation.
AU board meetings are open to the public with parents of participants able to vote on board
members.
The organization must have an open process for parents to discuss concerns or recommend
changes to the organization.
Teams are playing during the designated "primary season."
Priority III teams when scheduling tournaments will be charged a fee based on applicable
tournament fee.
Priority Iv: Eden Prairie nonprofit public sdce groups who use the facilities to raise money for
the benefit of the entire community. Applicable tournament fees apply.
Priority V: Businesses and neighborhood groups located in Eden Prairie during the designated
primary season. Applicable tournament /league fees and guidelines will apply.
,
Priority v1[: Nonprofit youth teams or organizations that have 75% or more Eden Prairie residents
during the designated primary season. Applicable tournament fees and guidelines apply.
Priority VIk Nonprofit adult teams or organizations that have 75% or more Eden Prairie residents
during the designated primary season. Eden Prairie adult "residents" must either live or work in
Eden Prairie, Applicable tohament fees apply.
71
Priority Vm: Private schools and churches located in Eden Prairie during the
season. Applicable tournament, league fees and guidelines will apply.
Baseball Fields &
Softball Fields
Priority M: Priority III teams during a secondary season. A fee for a secondary season will be
charged based on costs to the City. Applicable tournament fees apply.
May 1 to July 30 12 & over-4 per week
11 &under-3 perweek
8 & over- 3 per week
8 & under - 2 per week
Priority X All other Eden Prairie teams on a &st come, fist serve basis &er higher priority teams
have had an opportunity to schedule each season. All teams must be composed of at least 50% Eden
"residents" must either live or work in Eden Prairie. Applicable fees and guidelines will apply.
Prairie residents and requests must be made by an Eden Prairie resident. Eden Prairie adult . .I
',
ADivIINJ[sTRAm PRO~DURES: ..
Fees will be subject to change each year depending on actual cost to provide the services
requested. Associations will be notified of fee changes approximately six months in advance
of any change.
reservation use in order to utilize their priority status. After that date fields or facilities will
be reserved on a fist come, first served basis. City will only authorize reservations with one
field coordinator per organization.
serves the highest number of Eden Prairie residents will receive the higher priority status in
terms of field, pool, rink and court reservations.
are non profit can reserve facilities for toiunaments, clinics, or other uses where a fee will
be charged to team, individuals, etc.
The City will establish dates each year by which teams must codt requests for field
8 If teams or organizations are at the same priority level, then the team or organization that
Only Eden Prairie nonprofit public service groups or Eden Prairie youth organizations that
No more than one major tournament or special event will be scheduled at any one time.
Any organization which fails to provide for and follow the guidelines set forth above, or
provides false information on a permit application, is subject to revocation of its permit at
the discretion of the Director of Parks, Recreation and Natural Resources.
City would not authorize subleasing for profit, or for programs that compete with City
programs.
No organization would be allowed to sublease City facilities without City approval. The
STANDARDS:
STANDARDS FOR USE OF PUBLIC FACILITLES
Soccer Fields
Football Fields
Basketball Courts
Volleyball Courts
Wrestling Room
Oukioor inks
Definitions
May lTo July 30 under 12 & over-3 per week
under 10 & under - 2 per week
under 10 & over - 3 per week
under 9 and under -2 per week
7th grade & over -4 per week
6th grade & under - 3 per week
6th grade & over - 3 per week
5th grade & under - 2 per week
6th grade & over - 3 per week
5th grade & under- 2 per week
Aug 15 to Oct 30
Nov 1 to Mar 15 . 7th grade & over-4 per week
6th grade 62 under - 3 per week
7th grade & over -4 per week
6th grade & under - 3 per week
K-8th grade - 4 per week
all ages - 3 per week
Sept 10 to Nov 15
Nov 1 to Mar 30
Dec 15-Feb 15 all ages - 1 per week
Uses Per Week -defined as the number of times a team plays each week. If the team is practicing,
it may require a field by itself. If the team is playing an out of town team, it will require a field by
itself. If it is playing another Eden Prairie team, it will only require a "half use" for each team.
Teams under 10 will generally only require a 1 !4 hour time period. Teams over 10 may require 2
hours or more to play a game.
These standards represent the maximum uses per week that the City would allocate any club or
association provided facilities were available to accommodate their request.
BL:mdd . ,
Policy.memoil3ob97
I DATE: I CITY COUNCIL AGENDA I SECTION: Consent Calendar August 19,2003
SERVICE AREA/DMSION: ITEM DESCRIPTION: ITEM NO.:
Fire Department Sale of Existing 1975 Pumper truck to Winsted,
George F. Esbensen Minnesota y11. G. 1.
Requested Action
Move to: Approve the sale of the 1975 Pumper truck to the City of Winsted.
Synopsis
In December 2002, the Eden Prairie Fire Department was selected to house one of eight
county- wide Life Safety Trailers. In order to make room for this trailer the Fire Department has
decided to sell its oldest Pumper. The Pumper’s sale will not have any negative effect on the fire
department’s tactical operations or the city’s insurance rating. By State Statute, assets can be
transferred to other municipalities without going through a formal bid process. The City of
Winsted has agreed to purchase Eden Prairie’s Pumper truck for $30,000.00. Winsted plans to
pay for and take delivery of this vehicle before the end of August 2003.
Attachments
Purchase Agreement between Eden Prairie and Winsted
PURCHASE AGREEMENT
This Purchase Agreement made August 2003, by and between City of Eden Prairie, a
Minnesota Municipal Corporation (Seller), and City of Winsted, a Minnesotamunicipal corporation
(Buyer). Seller now sells and Buyer purchases, on the terms and conditions set forth in this
Agreement, the following vehicle, delivery and acceptance ofwhich in good order are acknowledged
by Buyer:
One used Ford 1250 Fire Engine, and its full compliment of equipment.
1. Purchase Price, The purchase price for the Truck will be $30,000.00, payable by
check on or before the Delivery Date.
2. Delivery Date. The delivery of the Truck will take place on or before September 1 ,
2003, or at such earlier or later date was may be mutually agreed upon by the Seller and Buyer.
3. Sellers Representation and Adjustments. The Seller agrees to fkee the Truck fiom
all liens, encumbrances and charges of any kind to the date of closing. Buyer will not take
possession of the Truck subject to any liens.
4. Possession and Insurance. Seller will continue in possession of the Truck until the
Delivery Date, and will maintain it in its present condition. Risk of loss fiom casualty or any
liability incurred by or as a result of the use or contact with the Truck will be the Sellers until
delivery of possession to the Buyer as provided in this Agreement. Af€er the Delivery Date, risk of
loss fiom casualty or any liability incurred by or as a result of the use or contact with the Truck will
the Buyers.
5. Entire Agreement; Amendments. This Purchase Agreement constitutes the entire
agreement between the parties and no other agreement prior ro this Purchase Agreement or
contemporaneous with it will be effective except as expressly set forth or incorporated into it. An
amendment will not be effective unless it is set forth in writing and executed by both parties or their
respective successors or assigns.
6. Binding Effect; Assignment. This Purchase Agreement is binding upon and inures
to the benefit of the parties and their respective successors and assigns. Neither Seller nor Buyer
may assign its rights and interest under this Agreement without notice to, and approval of the other.
7. Notice. Any notice, demand, request or other communication that may or must be
given to Seller by Buyer or to Buyer by Seller will be deemed to have been given or served on the
date the same is deposited in the United States mail, registered or certified, postage prepaid and
addressed as follows:
a. Ifto Seller: Fire Chief
City of Eden Prairie
14800 Scenic Heights Road
Eden Prairie, MN 55344
b. Ifto Buyer: Fire Chief
City of Winsted
8. Specific Performance. In addition to all other legal and equitable remedies, this
Purchase Agreement may be specifically enforced by the Buyer and/or the Seller.
9. Special Provisions. The Seller agrees that the purchase price includes all fire hose,
ground ladders, small tools and equipment presently carried on the Truck except for breathing
apparatus, radios and hand-line nozzles. Buyer has examined this vehicle prior to this sale as fully as
desired and accepts it as conforming in all respects.
10. Contingency. This Purchase Agreement is contingent upon the approval of this
Agreement and fimding source by the Minnetonka City Council. The Buyer may terminate this
Purchase Agreement without penalty or loss of its earnest money if the City Council does not
approve this Agreement.
1 1. Disclaimer of Warranties. THIS VEHICLE IS SOLD AS IS AND SELLERDOES
NOT IN ANY WAY EXPRESSLY OR IMPLIEDLY GIVE ANY WARRANTIES. SELLER
EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR USE.
12. Additional Expenses. Buyer shall pay all sales tax and transfer fees incident to this
sale and shall reimburse Seller if Seller pays them.
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and year
first printed above.
SELLER:
City of Eden Prairie
By:
Scott Neal, City Manager
BUYER
City of Winsted
By:
It’s City Manager
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT:
Firehspections
Kevin Schmieg
ITEM DESCRIPTION:
Adoption of Orders to Board Up 18600 Pioneer
Trail
DATE:
August 19,2003
ITEM NO.: y///.I5 2
Requested Action
Move to: Approve orders to board up vacant property at 18600 Pioneer Trail per MN
Statute 463, Hazardous and Substandard Buildings.
Synopsis
Attached are orders to the property owner of 18600 Pioneer Trail to secure the building. The
building is currently in poor condition and open to trespass. There is evidence that people are
trespassing on the property and in the buildings.
Background Information
City staff has been working with the owner of this property for some time. We have not been
successful in convincing the owner to maintain either the condition or security of the buildings.
The house is in extremely poor condition including the following:
> Building is open to trespass > There is evidence that people have trespassed in the building and are further damaging
the structure > There is a large accumulation of combustible material and garbage in the building,
creating an extreme fire hazard > There is broken glass around the building, both inside and out
In addition to the above, there is a building on the site that has collapsed and a portion of the
main building roof structure is collapsing.
Attachment
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HEN” FOURTH JUDICIAL DISTRICT
City of Eden Prairie,
Plaintiff ,
V.
J-111 Properties, a Minnesota Partnership, and
State Bank of Chanhassen,
Defendants.
FINDINGS OF FACT,
CONCLUSIONS AND
ORDER
TO:
The Council of the City of Eden Prairie makes the following Findings of Fact,
Conclusions and Order (“Order”):
1. This Order is made pursuant to Minn. Stat. 6 463.251.
2. J-III Properties, a Minnesota partnership is the owner of property situated in the
County of Hennepin, State of Minnesota located at 18600 Pioneer Trail, Eden Prairie,
Mnnesota, PID No. 30-1 16-22-21-0010.
3. State Bank Chanhassen is the holder of a mortgage on the Property dated June 16,
1998, and filed with the Hennepin County Recorder on December 10,1998.
4. The Property is hazardous because:
a. The building is open to trespass and there is evidence that trespass has
occurred on the property;
b. There is evidence that the trespassing is causing physical damage to the
structure;
c. A large accumulation of combustible material and garbage in the building
creating an extreme fire hazard;
d. There is broken glass around the building both inside and out;
e. The building is vacant and appears been abandoned; and
g. Because of the trespass, physical damage and abandonment, the structure
constitutes a fire hazard or a hazard to the public safety and health and
poses a hazard to neighboring properties.
5. The Property is in need of being secured in order to remedy the hazardous
condition. The following actions are necessary to secure the building:
a. All debris and combustible material must be removed from the property.
b. All openings on or below the first floor must be secured with minimum W’
plywood completely covering the openings, secured at least every 12”
with a minimum size 3” screws. The screws must extend through any
exterior siding and penetrate at least 2” into structural material.
c. Any accessible openings on upper floors must be secured as stated above
in b.
d. Any damaged securing materials must be repaired or replaced within 72
hours.
ORDER
6. It is ordered that the owner comply with the actions identified in Paragraph 5
above or provide the City Council a reasonable plan and schedule to comply with the actions
identified in Paragraph 5 above within six days from the date this order is served upon each of
you.
BY ORDER OF THE COUNCIL OF THE
CITY OF EDEN PRAIRIE
CITY OF EDEN PRAIRlE
Nancy Tyra-Lukens, Its Mayor
Scott Neal, Its Manager
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
Richard F. ROSOW, Esq.
Attorney No. 93592
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402
Phone: (612) 338-0755
Facsimile: (612) 349-671 8
ep\pioneertrail.B.081903
CITY COUNCIL AGENDA
SECTION. Consent Calendar
August 19,2003
DEPARTMENT: ITEM DESCRIPTION:
Adoption of Orders to Board Up 18700 Pioneer
Requested Action
Move to: Approve orders to board up vacant property at 18700 Pioneer Trail per MN
Statute 463, Hazardous and Substandard Buildings.
Synopsis
Attached are orders to the property owner of 18700 Pioneer Trail to secure the building. The
building is currently in poor condition and open to trespass. There is evidence that people are
trespassing on the property and in the buildings.
Background Information
City staff has been working with the owner of this property for some time. We have not been
successful in convincing the owner to maintain either the condition or security of the buildings.
The house is in extremely poor condition including the following:
9 Building is open to trespass.
9 There is evidence that people have trespassed in the building and are further damaging
the structure.
This building is beginning to deteriorate. The building is required to be secured to prevent
Mer deterioration.
C\Docu~k and SeltingsWSCHMIEGVocal SeUings\Temporary lnlmel Files\Ouu\CTTy COUNCIL AGENDA for 18700 Pioneer - boardupZdcc
STATE OF MINNESOTA
COUNTY OF HEN”
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
City of Eden Prairie,
Plaintiff,
V.
FINDINGS OF FACT,
CONCLUSIONS AND
ORDER
J-III Properties, a Minnesota Partnership, and
Bank of Maple Plain,
Defendants.
TO:
The Council of the City of Eden Prairie makes the following Findings of Fact,
Conclusions and Order (“Order”):
1. This Order is made pursuant to Minn. Stat. 6 463.251.
2. J-III Properties, a Minnesota partnership is the owner of property situated in the
County of Hennepin, State of Minnesota located at 18700 Pioneer Trail, Eden Prairie,
Minnesota, legally described as follows:
That part of Government Lots 1 and 2 and that part of the Southeast
Quarter of the Northwest Quarter, all in Section 30, Township 116, Range
22 described as: Commencing at the intersection of the North line of said
Government Lot 1 with the center line of the Chicago & Northwestern
Railway right-of-way as described in Book 554 of Deeds, page 293,
Document No. 351456; thence on an assumed bearing of South 43 degrees
59 minutes 20 seconds West along the center line of said railway right-of-
way a distance of 1383.65 feet; thence South 62 degrees 5 minutes 26
seconds East a distance of 78.06 feet to the intersection with a line 75 feet
Southeasterly of, measured at a right angle to and parallel with the above
described center line, said intersection being at the point of beginning of
the land to be described; thence continuing South 62 degrees 5 minutes 26
seconds East a distance of 425.05 feet to the Northwesterly right-of-way
line of County Road No. 1 as shown on Hennepin County Highway Plat
No. 6 recorded in Book 70 of Hennepin County Records, page 3837760;
thence Northeasterly along the Northwesterly right-of-way line of said
road to the intersection with a line which bears South 45 degrees 45
minutes 53 seconds East fiom a point on the Southeasterly right-of-way
line of said railway distant 577.92 feet Southwesterly fiom the North line
of said Government Lot 1 as measured along said Southeasterly right-of-
way line; thence North 45 degrees 45 minutes 53 seconds West a distance
of 21 1.6 feet to the intersection with a line 75 feet Southeasterly of,
measured at a right angle to and parallel with the center line of said
railway; thence Southwesterly along said parallel line to the point of
beginning.
3. Bank of Maple Plain is the holder of a mortgage on the Property filed with the
Hennepin County Recorder as Mortgage Document No. 351 1410, dated January 15,2002.
4. The Property is hazardous because:
a. The building is open to trespass and has not been secured;
b. There is evidence that trespass has occurred on the property;
c. There is evidence that the trespassing is causing physical damage to the
structure;
d. The property is vacant and appears to have been abandoned; and
e. Because of the trespass, physical damage and abandonment, the structure
constitutes a fire hazard or a hazard to the public safety and health and
poses a hazard to neighboring properties.
5. The Property is in need of being secured in order to remedy the hazardous
condition. The following actions are necessary to secure the building:
a. All openings on or below the first floor must be secured with minimum W’
plywood completely covering the openings, secured at least every 12”
with a minimum size 3” screws. The screws must extend through any
exterior siding and penetrate at least 2” into structural material.
b. Any accessible openings on upper floors must be secured as stated above
in a.
c. Any damaged securing materials must be repaired or replaced within 72
hours.
6. It is ordered that the owner comply with the actions identified in Paragraph 6
above or provide the City Council a reasonable plan and schedule to comply with the actions
identified in Paragraph 6 above within six days from the date this order is served upon each of
you.
BY ORDER OF THE COUNCIL OF THE
CITY OF EDEN PRAIRIE
CITY OF EDEN PRAIRIE
Nancy Tyra-Lukens, Its Mayor
Scott Neal, Its Manager
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
Richard F. ROSOW, Esq.
Attorney No. 93592
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402
Phone: (612) 338-0755
Facsimile: (612) 349-67 18
ep\pioneertrail.A.O81903
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT:
Firehsp ections
Kevin Schmieg
DATE:
August 19,2003
ITEM NO.: ITEM DESCRIPTION:
Adoption of Orders to Raze Building at 18600
Pioneer Trail
Requested Action
Move to: Approve orders to raze the vacant property at 18600 Pioneer Trail per MN
Statute 463, Hazardous and Substandard Buildings.
Synopsis
Attached are orders to the property owner of 18600 Pioneer Trail to raze the buildings on the
site. The buildings are currently in poor condition and open to trespass. There is evidence that
people are trespassing on the property and in the buildings. The house has deteriorated to the
point that it is no longer structurally sound.
Background Information
City staff has been working with the owner of this property for some time. We have not been
successful in convincing the owner to maintain either the condition or security of the buildings.
The house is in extremely poor condition including the following:
> Building is open to trespass. > There is evidence that people have trespassed in the building and are further damaging
the structure. > There is a large accumulation of combustible material and garbage in the building,
creating an extreme fire hazard > There is broken glass around the building, both inside and out
In addition to the above, there is a building on the site that has collapsed and a portion of the
main building roof structure is collapsing. The structural damage and deterioration to the
building renders the building hazardous and beyond repair.
This building meets the definition of Hazardous Building in MN Statute 463.15 and should be
razed.
Attachment
CDocuments and SelUngsU(SCHMIEG\l SelUngs\Tempotary Internet Rles\OLK2\CITYCOUNCILAGENDA for 18600 Pioneer- iaze2.doc
STATE OF MINNESOTA
COUNTY OFHENNEPIN
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
City of Eden Prairie,
Plaintiff,
V.
J-111 Properties, a Minnesota
Corporation and State Bank
Of Chanhassen,
Defendants,
FINDINGS OF FACT,
CONCLUSIONS AND
ORDER
TO: J-111 Properties, 250 Prairie Center Drive, Eden Prairie, MN 55344.
The City of Eden Prairie, pursuant to the authority granted by Minnesota Statute 8 463.15
through 463.26, makes the following Findings of Fact, Conclusions and Order (“Order”):
FINDINGS OF FACT
1. J-111 Properties, a Minnesota partnership, is the owner of property situated in the
County of Hennepin, State of Minnesota located at 18600 Pioneer Trail, Eden Prairie, Minnesota
(the “Property”), PID 30-1 16-22-21-0010.
2. State Bank of Chanhassen is the holder of a mortgage on the Property dated June
16,1998 and filed with the Hennepin County Recorder on December 10,1998.
3.
property,
The Property has been found by the City of Eden Prairie to be a hazardous
4. The grounds for this Order are as follows:
a. The buildings are open to trespass and there is evidence that trespass has
occurred on the Property;
b. There is evidence that the trespassing is causing physical damage to the
structures;
c. There is a large accumulation of combustible material and garbage in the
buildings creating an extreme fire hazard;
d. There is broken glass around the buildings both inside and out;
e. One of the buildings on the Property has collapsed and a portion of the
main building roof structure is collapsing; and
g. Because of the trespass, physical damage and abandonment, the structures
constitute a fire hazard or a hazard to the public safety and health and pose
a hazard to neighboring properties.
CONCLUSIONS
The City Building Inspector found that the structures on the Property constitute
hazardous buildings as defined by State Statute that must be razed and removed.
ORDER
BASED UPON THE FOREGOING, THE FOLLOWING CORRECTIVE ACTION
SHALL BE TAKEN WITHIN THIRTY (30) DAYS AFTER SERVICE OF THIS ORDER:
All structures on the Property shall be razed and removed and the
Property' restored to a safe condition. After removal, all debris
must be removed from the Property, all basements, crawl spaces,
or other below grade areas must be filled or leveled, and all wells
and septic systems must be properly abandoned per State
requirements.
Unless the corrective action specified above is taken within the specified time, or unless
an Answer is filed according to Minnesota Statute 0 463.18 within twenty (20) days from the
date of service, the City of Eden Prairie will make a motion for summary enforcement of the
Order at the Hennepin County District Court, Minnesota, authorizing the City to raze and remove
the hazardous structure.
BY ORDER OF THE COUNCIL OF THE
CITY OF EDEN PRAIRIE
CITY OF EDEN PRAIRIE
Nancy Tyra-Lukens, Its Mayor
Scott Neal, Its Manager
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
Richard F. ROSOW, Esq.
Attorney No. 93592
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402,
Phone: (612) 338-0755
Facsimile: (612) 349-671 8
ep\pioneertrail.C.081903