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HomeMy WebLinkAboutCity Council - 06/01/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 1,2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters I. EXTERIOR MAINTENANCE BUILDING CODE Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 1,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,MAY 18,2004 (p. 1) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 11) B. APPROVE 2ND READING OF AN ORDINANCE AMENDING SECTION 11.70 REGARDING GRADING,VARIANCES AND NON-CONFORMING USES IN A SHORELAND AREA (p. 12) C. RECEIVE FEASIBILITY STUDY FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS AND SET PUBLIC HEARING,I.C. 03-5606 (p. 18) D. ADOPT RESOLUTION RECEIVING FEASIBILITY STUDY,APPROVING PLANS AND SPECIFICATIONS,AND ORDERING ADVERTISEMENT FOR BIDS FOR COLUMBINE ROAD IMPROVEMENTS,I.C. 52-130 (p. 19) E. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX FORFEITED LAND (OUTLOT A,EDENVALE 14TH; OUTLOT A, MASSEY ADDITION; OUTLOT B BIDDEN GLEN 3") (p. 33) F. AUTHORIZE EXECUTION OF A PURCHASE AGREEMENT FOR SALE OF CITY-OWNED PROPERTIES TRACTS A, B AND C,REGISTERED LAND SURVEY 423,TO NORTH AMERICAN PROPERTIES (p. 38) CITY COUNCIL AGENDA June 1,2004 Page 2 G. ADOPT RESOLUTION ESTABLISHING POLLING PLACES (p. 58) H. ADOPT RESOLUTION PROPOSING A MULTI-FAMILY HOUSING DEVELOPMENT PROJECT AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT (BROADMOOR) (p. 60) I. ADOPT RESOLUTION DECLARING "ABANDONED PROPERTY" (p. 63) J. APPROVE THE SECOND AMENDED PROJECT MANAGEMENT AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND SC MINNESOTA PROPERTIES CONCERNING SUMMIT PLACE (p. 72) K. APPROVE CONTRACT WITH ADMINISTRATION RESOURCES CORP. (ARC)TO ACT AS THIRD PARTY ADMINISTRATOR FOR FORMER EMPLOYEES WITH CONTINUED BENEFIT COVERAGE (p. 88) L. APROVE MINNESOTA REPOSITORY ARREST PHOTOS ACCESS AGREEMENT WITH THE STATE OF MINNESOTA,DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION (p. 100) M. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MN STATUTE 4 466.04 (p. 106) N. AWARD CONTRACT FOR RIGHT TURN LANE AND TRAIL CONSTRUCTION AT ANDERSON LAKES PARKWAY AND FRANLO ROAD TO BITIMINOUS ROADWAY,INC.,I.C. 01-5525 (p. 111) VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF HENNEPIN VILLAGE,VACATION 04-07 (Resolution) (p. 112) B. PART II WELLHEAD PROTECTION PLAN,I.C. 05-5515 (p. 116) VIII. PAYMENT OF CLAIMS (p. 120) IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. State Legislation Relating to Airports—Councilmember Mosman (p. 131) CITY COUNCIL AGENDA June 1,2004 Page 3 B. REPORT OF CITY MANAGER 1. 2003 Comprehensive Annual Financial Report(CAFR) (p. 142) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 18,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu,unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised and the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Report of Parks and Recreation Director, City Manager Scott Neal added a report on a proposed ice arena improvement project and also a report on awards received tonight. Neal also requested removal of Item VII.H. due to of recently received new and timely information. 1 CITY COUNCIL MINUTES May 18,2004 Page 2 Under Reports of Councilmembers,Tyra-Lukens added a report on her civic leaders tour and also information on a presentation on affordable housing; and Mosman added a request for an update. MOTION: Mosman moved, seconded by Young,to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL OPEN FORUM HELD TUESDAY,MAY 4,2004 MOTION: Butcher moved, seconded by Mosman, to approve the Minutes of the City Council Open Forum held Tuesday, May 4,2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,MAY 4,2004 MOTION: Mosman moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday, May 4,2004. Motion carried 4-0. VI. CLEAN INDOOR AIR TASK FORCE RECOMMENDATIONS City Manager Scott Neal introduced Task Force member Deborah Plumb who presented final recommendations of the Clean Indoor Air Task Force. He said the group has been working on the project during most of 2003 until March of 2004 and previously appeared before the council to present a portion of their recommendations and now have a more detailed implementation plan. Plumb said the task force continues to recommend the voluntary three-level recognition plan approved by the council November 18, 2003. She explained the business and consumer marketing strategies and said establishments will signal participation in the program by displaying a window cling or plaque in their entrance area. The recommended design includes a modified gold star with a crossed out cigarette and a 4 or 9 in the center of the star denoting the level of program participation. Plumb said the task force recommends a staff person oversee the program and that reports be submitted to the council on a quarterly basis. Tyra-Lukens thanked Plumb for the time the group put into the excellent report. MOTION: Mosman moved, seconded by Butcher, to accept the report containing the recommendations of the Clean Indoor Air Task Force. Motion carried 4-0. VII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2004-76 APPROVING FINAL PLAT OF SCENIC HEIGHTS 2"ADDITION CITY COUNCIL MINUTES May 18,2004 Page 3 B. AWARD CONTRACT FOR 2004 SEALCOAT TO PEARSON BROTHERS,I.C. 04-5614 C. AWARD CONTRACT FOR 2004 BITUMINOUS OVERLAYS TO MIDWEST ASPHALT,I.C.04-5624 D. APPROVE PROPOSAL FROM BARR ENGINEERING CO.TO MAINTAIN AND MONITOR PERFORMANCE OF THE RAINWATER GARDEN AT SMITH-DOUGLAS-MORE HOUSE,I.C. 03-5595 E. APPROVE PROPOSAL FROM BONESTROO ROSENE ANDERLIK& ASSOCIATES FOR THE BOG MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB,I.C.04-5623 F. APPROVE PROPOSAL FROM THE CANADA GOOSE PROGRAM INC.TO PREPARE A GOOSE MANAGEMENT PLAN,I.C. 04-5627 G. APPROVE PROPOSAL FROM BLUE WATER SCIENCE TO CONDUCT AQUATIC PLANT SURVEYS FOR SELECTED LAKES,I.C.04-5626 H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX-FORFEITED LAND I. ADOPT RESOLUTION NO.2004-77 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212/PRAIRIE CENTER DRIVE IMPROVEMENT PROJECT,I.C. 01-5527 J. ADOPT RESOLUTION NO.2004-78 APPROVING I-494 DESIGN-BUILD MASTER UTILITY AGREEMENT WITH MNDOT FOR THE 1-494 THIRD LANE PROJECT FROM TH 5 TO 1-394,I.C.02-5553 K. ADOPT RESOLUTION NO.2004-79 APPROVING THE I-494 COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT WITH MNDOT FOR THE 1-494 THIRD LANE PROJECT FROM TH 5 TO 1-394,I.C.02-5553 L. APPROVE CONTRACT WITH ADMINISTRATION RESOURCES CORPORATION(ARC)TO ACT AS THE THIRD PARTY ADMINISTRATOR FOR EMPLOYEE FLEXIBLE SPENDING ACCOUNTS MOTION: Young moved, seconded by Butcher,to approve Items A-L of the Consent Calendar,with the exception of Item H. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS A. SLUMBERLAND by C.M.Architecture P.A. Request for Comprehensive Guide Plan Change from Office to Regional Service Commercial on 7.18 acres,Zoning District Change from Rural to C-Reg-Ser on 7.18 acres, Site Plan Review on 7.18 acres, 3 CITY COUNCIL MINUTES May 18,2004 Page 4 Preliminary Plat on 7.18 acres into one lot. (Resolution No.2004-80 for Comprehensive Guide Plan Change,Ordinance for Zoning Change,and Resolution No.2004-81 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the May 6,2004,Eden Prairie Sun Current and sent to 26 property owners. He said this is for a 50,936-square-foot commercial development for a Slumberland store and co-op grocery store and a guide plan change is required from Office to Regional Commercial. The project was first reviewed by the Community Planning Board on March 22,2004 and continued to the April 26,2004 Community Planning Board meeting to allow the developer to revise the architectural plans. The project was revised to incorporate additional architectural elements and shift the buildings to provide additional green space adjacent to the residential property. The Community Planning Board voted 7-0 to recommend approval of the project at the April 26,2004 meeting. Franzen said because of the location of the building and parking,there is nothing that precludes the developer from building a driveway access to Topview Road. He said a wetland delineation cannot be done during the winter months. There are .56 total wetland acres in the property,with.44 acres a remnant of a 10-acre wetland to the west. He said in view of the fact that.12 acres of the wetland may be incidental and.44 acres is a remnant and low quality,it would be prudent to go with the standard recommendation from the watershed district to allow mitigation on site and some credit for the pond as was done for the project next door. Franzen said a contractual obligation,Item 17 of the developer's agreement,requires CSM to enter into a cross access with this property for access and ponding and drainage,etc. Dave Carland,vice president of development at CSM Corporation, said the organization has 15 properties in Eden Prairie. He said in general, CSM supports the project but has an issue with the Planning Commission recommendation that went against the recommendation of staff and the traffic consultant that would have removed the requirement for the Topview Lane connection. He said they have no problems with negotiating an easement and are concerned about the nature of retail traffic that might utilize the cross easement agreement,particularly given the elimination of Topview Road. He said the only access to the site is right in,right out westbound on Valley View. Carland said his corporation should have been party to the discussion on modifications to parking lanes, aisles and curbing. He also said he is not sure his corporation is under an obligation,per terms of the future easement,to make modifications to their drive lanes. Tyra-Lukens asked if changes to the property in terms of curbing and parking configuration would be at CSM's expense.Franzen said CSM is not obligated to CITY COUNCIL MINUTES May 18,2004 Page 5 reconfigure their parking lot,they are only obligated to provide a cross access. He said if CSM and Slumberland agreed upon changing the configuration of the parking lot,he would expect Slumberland would pay for the parking lot improvements. Eric Benson of 12771 Bina Lane,property behind the site that is being considered, said he has not received information on what time deliveries would be made. He asked if that would be during regular working hours. He said he is concerned about additional noise generated in the area. Paul Kauffman, representative of Slumberland, said normal delivery times are almost always during regular business hours and normally not on weekends. Franzen said the planning commission did not have discussions regarding noise. He said the question would be whether or not backup sounds from vehicles would violate the noise ordinance levels. He said Home Depot to the north of this area committed to specific delivery times. Butcher asked Franzen to explain the rules of the noise ordinance. Franzen said it is a nighttime noise level and he is not sure about the times. Dietz said there are different standards for nighttime and daytime. He said at the Midwest Asphalt Plant, there have been concerns about the backup noise and an attempt was made to measure it and showed it did not violate the noise ordinance. Dietz said it would be appropriate to ask Slumberland for their delivery schedule. Mosman said three years ago at this site a traffic consultant had stated that Topview might be a problem. She said she was wondering if since there is not as much traffic with retail, at specific times,were they recommending going with the easement for future access on Topview. Dietz said he thinks the staff continues to support the access to Topview,but the thing they were most concerned about was the possibility of a change in use. Dietz said he supports a recommendation that the developer's agreement contain a • clause that if the use does change in the future,there would be a commitment to make the connection at Topview. He said this is based on a combination of standard trip generation rates and would come up in a change in use to the property and not as part of the Slumberland project itself. MOTION: Mosman moved, seconded by Young,to Close the Public Hearing; and Adopt the Resolution for Guide Plan Change from Office to Regional Service Commercial on 7.18 acres; and Approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 7.18 acres; and Adopt the Resolution for Preliminary Plat on 7.18 acres into one lot; and Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Butcher moved to amend the motion to allow the possibility of a different driveway access to Topview, and to place in the developer's agreement Slumberland delivery hours of operation from 9 a.m. to 8 p.m.Monday through Saturday, and same delivery 5 CITY COUNCIL MINUTES May 18,2004 Page 6 hours as a requirement to the entire property to be incorporated into every lease agreement. The amended motion was seconded by Young. Motion carried 4-0. B. FOUNTAIN PLACE RETAIL by North American Properties. Request for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres,Planned Unit Development Concept Review on 16.5 acres, Planned Unit Development District Review with waivers on 12.8 acres, Zoning District Change from Rural to Commercial Regional Service on 12.8 acres, Site Plan Review on 12.8 acres, and Preliminary Plat of 16.5 acres into 3 lots, and road right of way. Location: West of T.H.212, east of Columbine Road, south and east of Castlemoor Drive. (Resolution No.2004-82 for Comprehensive Guide Plan Change, Resolution No.2004-83 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No.2004-84 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current and sent to property 47 owners. He said this is a rezoning for 107,000 square feet of retail and restaurant uses, and a PUD concept for an additional 19,000 square feet of retail and restaurant uses. A guide plan change is required for a future retail/restaurant use at the corner of Prairie Center Drive and T.H. 212. Neal said the project was first reviewed by the Board on March 22, 2004 and continued for the developer to address architecture, screening of the loading area,tree replacement,parking setback, and a fountain. Revised plans for architecture and screening of the loading area were reviewed and found acceptable at the April 26, 2004 Community Planning Board meeting. He said the plans did not include the additional 363 caliper inches of tree replacement,meeting the 10-foot setback for parking along the northeast property line parking, or fountain. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council with the additional caliper inches of tree replacement,meeting the parking setback and providing a fountain. Jay Scott from North American Properties gave a presentation via compact disk of what the property would look like. Mosman said she is concerned about the lowest priority entrance in the area of the nursing home. She wants to know if the intersection of Columbine and Fountain would be a light and not a stop sign. She said she is also concerned about the intersection at 212 and Prairie Center Drive. Dietz said he doesn't believe there is anything planned other than stop signs at Columbine and Fountain. He said the northerly end of the project would have right in, right out. He said there will be superior access along Columbine Road. Mosman asked if at the intersection of Castlemore and Prairie Center Drive there would be a right in,right out only. She said the traffic study showed moving the entrance closer to the corner site, closer to Prairie Center Drive and asked why that was done. Dietz said the entrance closest to Prairie Center Drive is not proposed and there is CITY COUNCIL MINUTES May 18,2004 Page 7 strictly one access point. He said it would be right in, right out at Prairie Center Drive. Tyra-Lukens asked if there would be berming along the highway side. Franzen said it is not physically possible to get a berm high enough to screen all views of the parking area. He said there is the opportunity for additional plantings. Tyra-Lukens asked about the proposed fountain. Franzen said it was a suggestion from the Community Planning Board, but it has not been determined where or how many. Tyra-Lukens asked Scott if the tenants depicted on the presentation are actual. Scott said all tenants on the presentation are active tenants. There were no comments from the audience. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing; and adopt the Resolution for Guide Plan Change from High Density Residential to Regional Commercial on 2 acres; and adopt the Resolution for Planned Unit Development Concept Review on 16.5 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 12.8 acres; and adopt the Resolution for Preliminary Plat on 16.5 acres into 3 lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. C. ORDINANCE AMENDING SECTION 11.70 REGARDING GRADING, VARIANCES AND NON-CONFORMING USES IN A SHORELAND AREA City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current. He said there are three proposed revisions: 1. Make the requirements for land alteration in a shoreland area consistent with land alteration requirements anywhere else in the City. 2. Add requirements for reviewing variances in a shoreland area. 3. Add requirements for review of conditional uses in a shoreland area. He said the DNR has reviewed the proposed changes and supports the code revisions. The Community Planning Board voted 7-0 to recommend approval of the code change at the January 12, 2004 meeting. There were no comments from the public. MOTION: Mosman moved, seconded by Young,to close the Public Hearing and approve 1st Reading of the Ordinance to amend Section 11.70 regarding grading,variances and non-conforming uses in a shoreland area. Motion carried 4-0. CITY COUNCIL MINUTES May 18,2004 Page 8 IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher,Mosman,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Mosman requested an update at a future meeting on the off-leash dog areas. She suggested advertising it for new residents. She also asked if the area for the off-leash area has been determined. Mosman also asked if there is a site in the Golden Triangle area that might still be pursued.Neal said the update can be given at the next meeting. Tyra-Lukens reported that she had the opportunity to fly with the Air Force Reserves to a base on the panhandle of Florida. She said this was a civic leaders tour to get the word out on how important the reserves are and how they are an essential part of the war effort. Tyra-Lukens also reported that she is a member of the Family Housing Fund which is a board set up to deal with affordable housing and homelessness issues in the metro area. She said the group is currently helping to fund the Center for Urban and Regional Affairs at the University of Minnesota. She said builders currently have no incentive to adapt to a different market and pass on savings to the home buyer. She said there is more opportunity for affordable housing in the multi-family market. She said the center is trying to provide tools to the rapidly growing communities so maybe they can provide affordable housing. Mosman reminded Councilmembers that the Sensible Land Use Luncheon topic next week will be on national housing companies coming in and developing. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR U CITY COUNCIL MINUTES May 18,2004 Page 9 D. REPORT OF PARKS AND RECREATION DIRECTOR Lambert said he added an item regarding the Community Center Rink One Repairs to the agenda. He said it was thought that it could be held off until 2005,but a half-cell field leak detection analysis was done and the corrosion of the piping was far beyond what it should be. He said the corroded pipes cause the system to lose approximately 15-20 pounds of Freon per day and they must be replaced. Lambert said the board is requesting that Council authorize staff to contract for architectural services to prepare plans and specifications and to advertise for bids for removal and replacement of existing floor and direct Freon system in Rink One at the Community Center.He said the board would also like to obtain alternate bids for a sand floor and an indirect system. He said if this is approved, it could be operational by October 1, 2004. MOTION: Mosman moved, seconded by Butcher, to authorize staff to contract for architectural services to prepare plans and specifications and to advertise for bids for removal and replacement of existing floor and direct Freon system in Rink One at the Community Center. Motion carried 4-0. Lambert reported that earlier in the evening, Tyra-Lukens,Neal and he attended an awards ceremony at Wildfire, sponsored by Eden Prairie Magazine. He said the publication conducted a survey that asked residents to respond to questions regarding what they considered the best of the best in Eden Prairie in 12-15 categories. He said the City of Eden Prairie received awards for Best Historic Site,Best Public Beach,Best Community Event,Best Public Entertainment and Best Bike Trail. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:19 p.m. t CITY COUNCIL MINUTES March 18, 2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 4,2003 Case noted a correction to delete "all other" after the word absent under I. ROLL CALL/CALL THE MEETING TO ORDER. MOTION: Case moved, seconded by Mosman,to approve as published and amended the Minutes of the City Council Meeting held March 4, 2003. Motion carried 4-0. Tyra-Lukens abstained. VI. CONSENT CALENDAR A. WILLIAMS PLACE by Pemtom Land Company. 2nd Reading for Planned Unit Development District Review on 49.33 acres, Rezoning from Rural to R1-13.5 on 38.10 acre, Rezoning from Rural to RM-6.5 on 6.46 acres, and Site Plan Review on. 6.46 acres. Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook. (Ordinance No. 3-2003-PUD-1-2003 for PUD District Review and Zoning District Change, and Resolution No. 2003-47 for Site Plan. Review) B. MEYER ESTATES by Larry and Judith Meyer. Approve Developers Agreement. Location: 16519 Pioneer Trail. C. EDEN PRAIRIE CENTER 10TH ADDITION by General Growth. 2nd Reading for Planned Unit Development Review on 41.3 acres, and Zoning Amendment in C- Regional District on 41.3 acres. Location: Eden Prairie Mall, (Ordinance No. 4- 2003-PUD-2-2003 for PUD District Review and Zoning Amendment) D. ADOPT RESOLUTION NO.2003-48 APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 10TH ADDITION E. APPROVE SECOND READING OF AN ORDINANCE NO. 5-2003 AMENDING CITY CODE CHAPTER 9,RELATING TO FIREWORKS AND ADOPT RESOLUTION NO. 2003-49 APPROVING SUMMARY ORDINANCE FOR PUBLICATION F. AWARD CONTRACT FOR 2003 STREET SWEEPING,I.C. 03-5596 G. ADOPT RESOLUTION NO.2003-50 DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF 2003 SPECIAL ASSESSMENT ROLLS AND SETTING PUBLIC HEARING DATE ON APRIL 15,2003,FOR I.C. 98-5471,HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENTS H. APPROVE BIDS FOR STARING LAKE SLIDING HILL IMPROVEMENTS I. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF PROPERTY /0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 1,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List A . Christy Weigel ;U- , �T These licenses have been approved by the department heads responsible for the licensed activity. Cigarette& Tobacco Products KO-B, Inc. DBA: Aztec BP (formerly Mark's Aztec Amoco) HOLIDAY STATIONSTORES, INC. DBA: Holiday Stationstore#343 (formerly Tom Thumb#269) 11 - CITY COUNCIL AGENDA DATE: 06/01/04 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning _�-1--- Janet Jeremiah Shoreland Code Amendment 2nd Reading Michael D. Franzen Requested Action Move to: Approve 2nd Reading of the Ordinance to amend Section 11.70 regarding grading, variances and non-conforming uses in a shoreland area and adopt Resolution approving summary Ordinance for publication. Synopsis The City Council approved the first reading of this Ordinance at its May 18,2004,meeting. There are three proposed revisions. 1. Make the requirements for land alteration in a shoreland area consistent with land alteration requirements anywhere else in the City. 2. Add requirements for reviewing variances in a shoreland area. 3. Add requirements for review of conditional uses in a shoreland area. .Attachments 1. Ordinance 2. Summary Ordinance 3. Resolution approving Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 13-2004 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 13-2004 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 1st day of June 2004. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 13-2004 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 13-2004, attached hereto, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 13-2004 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on June 1,2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO SHORELAND MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2004. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The ordinance contains provisions for permit applications for grading in a Shoreland Area,notification procedures regarding public hearings,standards for conditional uses,and standards for granting of variances. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 1 !1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO SHORELAND MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 11.50, subd. 5, subpart B,is deleted in its entirety and replaced with the following: Applications for permit. Application for permit within any part of a shoreland area shall be made in conformance with procedures set forth in Section 11.55,subd.5 A. Application for Land Alteration Permit,Fees,Council Action,Bond in addition to the requirements of this subdivision. Section 2. City Code Section 11.50, subd. 5, subparts C-F, are repealed. Section 3. City Code Section 11.50, subd. 5, subpart G,is amended to read subpart C. Section 4. City Code Section 11.50, subd. 5, subpart H,is amended to read subpart D. Section 5. The following subpart is added to City Code Section 11.50, subd. 5: E. Notification Procedures. 1. Copies of all notices of any public hearing to consider variances,amendments or conditional uses under any provision of this section must be sent to the Commissioner or the Commissioner's designated representative and post- marked at least ten days before the hearing. Notices of hearings to consider proposed plats must include copies of the plats. 2. A copy of approved amendments and plats, and final decision granting variances or conditional uses under this section must be sent to the Commissioner or the Commissioner's designated representative and post- marked within ten days of final action. 1 15 Section 6. The following clause is added to the end of City Code Section 11.50,subd.6,subpart A, as a separate paragraph: In considering variance requests, the Boards of Adjustment and Appeals must also consider whether the property owner has reasonable use of the lands without the variance, whether the existing sewage treatment system on the property needs upgrading before additional development is approved,whether the property is used seasonally or year-round,whether the variances is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. Section 7. The following subdivision is added to City Code Section 11.50: Subd. 20 Conditional Uses. The following standards must be used for reviewing conditional uses located in shoreland areas: A. A thorough evaluation of the topographic,vegetation,and soil conditions on the site to ensure: 1. Prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. Limiting visibility of structures and other facilities as viewed from the public waters; and 3. Adequacy of the site for water supply and on-site sewage treatment; and B. An assessment of the types,uses,and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate these watercraft. The City Council may impose some or any of the following conditions when granting conditional use permits that specify: increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location,design or use;location,design,and use requirements for watercraft launching or docking, and for vehicular parking; structure or other facility design, use,and location;phasing of construction;and other conditions considered necessary by the City Council. 2 /6 C. Administration of Conditional Use. Refer to Subdivision 5 entitled Administration,Application and Issuance of Certain Permits. Section 8. City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code, Including Penalties for Violation and Section 11.99 entitled A Violation of Misdemeanor are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of May, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on thel st day of June,2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2004. EP\City Code\SHORELAND ORDINANCE REVISIONS.121203 3 CITY COUNCIL AGENDA DATE: June 1,2004 ' SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 03-5606 ITEM NO.: Public Works Receive Feasibility Study for Hidden Ponds Eugene A. Dietz Trail and Pond Improvements and Set Public C Hearing Requested Action Move to: Receive Feasibility Study for Hidden Ponds Trail and Pond Improvements and set public hearing for July 20,2004. Synopsis Over the past five-plus years there has been an on-going discussion with Hidden Ponds neighborhood residents regarding the condition of trails. Approximately two years ago,the Parks Department was able to secure City ownership of the outlots that contained the trails. It is proposed to special assess 258 residents of the Hidden Ponds 1St and 2nd Additions for the cost to upgrade the trails to current City standards for on-going ownership and maintenance by the City of Eden Prairie. Background Information The bituminous trails that were constructed by the developer along and around the ponds and wetlands in the Hidden Ponds 1' and 2nd Additions were constructed to a six-foot width with virtually no sub-base. The outlots that contained these trails were privately owned by the Homeowner's Association, but as a single family development no active organizational structure exists in the Association. Over five years ago the residents in the subdivision asked that the City provide maintenance for this trail system. Over a two to three year time frame, the Parks Department was able to secure signatures from a sufficient number of property owners as required by the Association Covenants to transfer ownership of the outlots that contain the trails and pond systems to the City of Eden Prairie. Since the responsibility for trail maintenance originally rested with the association residents, the concept is that the residents be responsible to pay for the cost of the trail system upgrade to City standards prior to on-going ownership and maintenance by the City of Eden Prairie. The ponding areas within the neighborhood serve both as an amenity and a drainage system for this neighborhood. It is proposed that sediment removal from the ponds and repair of piping systems be accomplished using funds generating from the City Storm Water Utility prior to trail maintenance occurring. The access to the ponds to perform the pond maintenance will be via the trail system. Once the pond maintenance has been completed,the reconstruction of the trails can occur. This project can be viewed as a joint venture between the neighborhood and the City of Eden Prairie. The City will incur an estimated $258,000 for pond maintenance and approximately $169,000 is proposed to be assessed to the residents for upgrading the trail system. The resulting special assessment is estimated to be$654.92 for each of the 258 residents of these two subdivisions. Attachments Feasibility Report dated May,2004 I CITY COUNCIL AGENDA DATE: June 1,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-130 ITEM NO.: Engineering Receive Feasibility Study and Construction :D. Alan D. Gray Plans for Columbine Road,Resolution _VI Requested Action Move to: Adopt Resolution receiving Feasibility Study, approving plans and specifications and ordering advertisement for bids for Columbine Road improvements. Synopsis The project consists of the northerly 2000 feet of Columbine Road and intersection improvements at Prairie Center. The project is more fully described in the Feasibility Study. Plans are available in the Engineering Department. Background Information The completion of Columbine Road between Fountain Place and Prairie Center Drive is a project identified in the City's Transportation Plan first adopted in 1996. The acquisition of title to a tax forfeit land parcel has provided the major right-of-way element needed for the project. As noted in the Feasibility Study, the project will be financed with a combination of assessments, Major Center Area funds and land sale proceeds. Attachments Feasibility Study '9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING FEASIBILITY REPORT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, HTPO has prepared plans and specifications for the following improvements to wit: I.C. 52-130: Columbine Road Street and Storm Sewer Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two (2)weeks, shall specify the work to be done, shall state that bids shall be received until July 1,2004 at City Hall after which time they will be publicly opened in the presence of the City Engineer or the designated representative at the City Hall,8080 Mitchell Road,Eden Prairie, Minnesota, will then be tabulated, and will be considered by the Council at 7:00 P.M., Tuesday, July 6, 2004, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 1,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kitty A.Porta,City Clerk as CITY OF EDEN PRAIRIE COLUMBINE ROAD IMPROVEMENTS FEASIBILITY STUDY Street and Storm Sewer Improvement Contract No. 52-130 Prepared by: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie, MN 55344-4485 TABLE OF CONTENTS TABLE OF CONTENTS PAGE CERTIFICATION REPORT CONTENT • I. INTRODUCTION II. STREET IMPROVEMENTS M. STORM SEWER IMPROVEMENTS IV. ASSESSMENT CONSIDERATIONS • V. PROJECT COST SUMMARY VI. CONCLUSIONS TABLE 1 TABLE 2 PRELIMINARY ASSESSMENT ROLL PROJECT SCHEDULE FIGURE 1 - COLUMBINE ROAD IMPROVEMENTS • CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Alan D. ray eg. o. 11023 sy/77e, Dat I. INTRODUCTION This report presents the results of a preliminary engineering study of street, trail, sidewalk and storm sewer drainage improvements along the northerly 2000 feet of Columbine Road. This project will complete the construction of Columbine Road between Anderson Lake Parkway and Prairie Center Drive and provide storm water treatment for approximately nine acres of commercial property adjacent Columbine Road. Columbine Road is one of only seven transportation corridors connecting the City north/south between TH 5 and the Anderson Lakes Parkway/Scenic Heights Road corridors. All north/south traffic within and through Eden Prairie must use one of these corridors. The other corridors are TH 169,Preserve Boulevard,Flying Cloud Drive,Mitchell Road,Eden Prairie Road and Dell Road. The segment of Columbine Road between Anderson Lakes Parkway and Prairie Center Drive is classified a major collector. Columbine will provide a very convenient link for the high density housing and commercial along this segment with the Major Center Area and TH 212. II. STREET IMPROVEMENTS Columbine Road improvements are depicted on Figure 1. The proposed width north of Fountain Place is forty feet. This will allow striping as a three lane with the center lane designated for left turns. At its intersection with Prairie Center Drive, Columbine will widen to 54 feet to provide for left and right turn lanes in addition to through lanes. Columbine Road will intersect Prairie Center Drive at a common intersection with Regional Center • Road. The addition of this leg to the current Prairie Center Drive/Regional Center Road intersection will include the following elements: 1. Widen Regional Center Road to 54 feet at its approach to Prairie Center Drive to provide left and right turn lanes in addition to through lanes. 2. Construct adequate curb radius for commercial vehicle turning movements. 3. Re-profile the intersection through Prairie Center Drive to eliminate the double crown for ride quality. 4. Provide signalization at the expanded intersection. Columbine Road will encroach into the southeast corner of the Flagship property. To accommodate this encroachment, the southeast portion of the Flagship parking lot will be reconstructed and the current access to the Flagship parking in this area will be moved westerly along Columbine. To mitigate for this encroachment it is proposed to convey title to a portion of the City property on which temporary Flagship parking was constructed with its first phase of development. This general area is depicted on Figure 1. The City received a deed from the State of Minnesota for approximately 27 acres of land south of the Flagship in February, 2002. The parking area referred to above was part of this conveyance from the State. Columbine Road improvements will include an eight-foot bituminous trail on the west side and a five-foot concrete sidewalk on the east side as depicted on Figure 1. These pedestrian/bicycle improvements will complete a connection between Anderson Lakes Parkway and Prairie Center Drive as well as an element of the Purgatory Creek Recreation Area system. The estimated cost of Columbine Road Improvements is $2,820,800 as shown on Table 1. This estimate includes storm drainage facilities discussed in the next section of this study. The estimate has been divided into four sections which is further discussed in Section IV Assessment Considerations. The estimated costs are impacted by the need for extensive soil correction along this alignment which skirts the edge of a large wetland complex and the costs for signalization and intersection reconstruction at Prairie Center Drive. III. STORM DRAINAGE IMPROVEMENTS The proposed storm drainage improvements depicted on Figure 1 consist of the enlargement of an existing storm water pond and construction of storm sewer in Columbine Road. The proposed storm sewer will provide drainage for Columbine Road and approximately 9.4 acres of the currently proposed Fountain Place commercial development. The pond expansion will provide storm water treatment for Columbine Road and the 9.4 acres of the Fountain Place development. The estimated construction cost for storm drainage improvements is $398,000. The allocation of these costs are discussed in the next section of this study. IV. ASSESSMENT CONSIDERATIONS As previously noted in this study, Table 1 depicts the estimated costs for the proposed project broken down into four separate sections as follows: 1. Columbine—Section A: The southerly 383 feet of street and trail improvements which is within the original plat of Fountain Place. 2. Columbine — Section B: The northerly 1580 feet of street, trail and sidewalk improvements together with the signal and intersection revisions at Prairie Center Drive. 3. Sidewalk — Section A: The southerly 383 feet of sidewalk improvements within the original plat of Fountain Place. 4. Storm Water Facilities: The storm sewer proposed within Columbine Road and the expansion of the existing storm water pond. It is proposed to finance the improvements from a combination of the following sources: �5 1. Assessments to properties within the original plat of Fountain Place and one other property commonly referred to as the "Cherne Property" (PIN 14-116-22-33-0022) on Fountain Place Commercial. 2. City funds designated from the Major Center Area Capital Improvement Fund. 3. Proceeds from the future sale of City land located between Columbine Road and Prairie Center Drive south of the Flagship. The basis for assessments discussed in this section is an assessment agreement between the City, Lloyd and Joan Cheme and CSM Corporation executed January 11, 1988 and amended March 13, 1989, and recorded in the Office of Hennepin County Registrar of Titles. This agreement and its amendment describe the allocation of costs for Columbine Road Improvements within the plat of Fountain Place Apartments as follows: 1. Columbine Road and the eight foot bituminous trail together with storm sewer • improvements within the plat of Fountain Place Apartments constructed by the City shall be assessed to the Lots within Blocks 1,2,3 and 4, exclusive of outlots and apportioned on an area basis. 2. Sidewalk improvements adjacent Columbine Road within the plat of Fountain Place Apartments constructed by the City shall be assessed to the adjacent Cheme property. The cost divisions shown on Table 1 reflect the above assessment agreement provisions. Section A of Columbine Road is that portion of the proposed project within the plat of Fountain Place Apartments. This 380 foot segment drains north and requires capacity through the proposed storm water facilities, including treatment prior to discharge to the PCRA wetland areas. Since the southerly 380 feet of Columbine right of way represents five percent of the total drainage area served by the proposed storm drainage facilities, the estimated construction cost for Columbine Section A presented on Table 1 includes five percent of the estimated construction cost of storm drainage facilities. As shown on Table 1,the total estimated cost for Columbine Section A improvements is$455,400. In accordance with the amended assessment agreement, this cost is to be apportioned on an area basis and assessed to the lots within Blocks 1 through 4 of Fountain Place Apartments. The total area of the lots is 27.09 acres resulting in an assessment rate of$16,810 per acre. Each of the lots and their estimated assessments is shown on the preliminary assessment roll. The cost of sidewalk improvements adjacent Columbine within the plat of Fountain Place Apartments as shown on Table 1 is $11,880. It is proposed to assess this amount in accordance • with the amended special agreement to PIN 14-116-22-33-0022 as shown on the Preliminary Assessment Roll. The last remaining assessment category is storm water facilities. The land east of Columbine Road and north of Fountain Place is currently proposed for development as a commercial site. The proponent, North American Properties, has requested storm water treatment in the Columbine Road facility proposed by the City for 9.41 acres of the commercial site. The existing pond on the west side of Columbine is being expanded to provide treatment for this 9.41 acres of commercial development and 3.16 acres of Columbine Road for a total area of 12.57 acres. The total estimated construction costs of storm water facilities is $398,000. It is proposed to apportion this costs to the project components in proportion to their drainage areas. This distribution is shown on Table 2. The amounts apportioned to the Columbine Road Sections are included in their respective construction costs on Table 1. The cost allocated to the Fountain Place Commercial property of $298,500 is shown as a separate category on Table 1. The estimated assessment to the Fountain Place Commercial property, including engineering, administrative and interest costs, is $394,000. This amount is shown on the Preliminary Assessment Roll assigned to PIN 14-116-22-33-0022. This parcel is currently part of the Fountain Place Commercial development proposal. An assessment agreement is proposed for this element of the project. V. PROJECT COST SUMMARY As shown on Table 1,the total estimated costs for the improvements discussed in this study is $2,820,800. Total proposed assessments are$861,300. The remaining amount of$1,959,500 is proposed to be a City share. Two sources of financing the City share are proposed. This segment of Columbine Road is approved for funding from the Major Center Area Fund. A second source of funding may be from the future sale of the residual land parcel at the intersection of Columbine Road and Prairie Center Drive. These two sources are sufficient to fund the estimated City share. VI. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No. 52-130 is feasible, cost effective, necessary, and the resulting benefit will equal or exceed the proposed assessments to the properties. It is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this report. �, r TABLE 1 ESTIMATED COSTS COLUMBINE ROAD STREET AND STORM SEWER IMPROVEMENTS I.C. 52-130 Columbine Columbine Sidewalk Commercial Storm TOTAL Section A Section B Section A Water Facilities Construction 345,000 (1) 1,579,500 (2) 9,000 298,500 (3) 2,232,000 Engineering 62,100 380,000 1,620 53,730 497,450 Administrative 31,050 0 810 26,870 58,730 (9%) Capital&Interest 17,250 0 450 14,920 32,620 v Total Cost 455,400 1,959,500 11,880 394,020 2,820,800 G9 1. Includes 5% of estimated storm sewer and pond construction costs. 2. Includes 20% of estimated storm sewer and pond construction costs. 3. Represents 75% of estimated storm sewer and pond construction costs. TABLE 2 DRAINAGE COST ALLOCATION I.C. 52-130 Project Area Percent of Area Allocated Drainage Cost Segment (Acres() Columbine 0.62 5 $ 19,900 (1) Section A Columbine 2.54 20 $ 79,600 (2) Section B Fountain Place 9.41 75 $298,500 (3) Commercial v TOTAL 12.57 100 $398,000 1. Included in construction costs for Columbine Section A on Table 1. 2. Included in construction costs for Columbine Section B on Table 1. 3. Construction costs for Commercial Storm Water on Table 1. PRELIMINARY ASSESSMENT ROLL EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 52-130 COLUMBINE ROAD Owner PIN Acreage Columbine Sidewalk Storm Water Total Assessment Road(1) Facilities Par-Vest Inc 14-116-22-33-0017 2.31 $ 38,830 $ 38,830 Melair Assoc LTD 14-116-22-33-0018 7.30 $122,710 $122,710 Melair Assoc LTD 15-116-22-44-0002 3.52 $ 59,170 $ 59,170 Melair Assoc LTD 15-116-22-44-0003 5.77 $ 97,000 $ 97,000 Melair Assoc LTD 15-116-22-44-0004 8.19 $137,680 $137,680 Lloyd Cherne Estate 14-116-22-33-0022 $ 11,880 $394,020 $405,900 TOTAL 27.09 $455,400 $ 11,880 $394,020 $861,300 CY 1. Based on an assessment rate of$16,810/acre. REGONAL CENTER RD. 77 •--. - v v_ CITY PARCEL m LEGEND fn (PROPERTY EXCHANGE WITH FLAGSHIP) CITY PARCEL r COLUMBINE - SECTION A 0z CITY PARCEL (FUTURE SALE) MD COLUMBINE - SECTION B (WETLAND PRESERVATION) �� °,Fser R°. 2� °�` 8' TRAIL <"� COMMONWEALTH v 5' SIDEWALK 1-- o moo' L OP S4, �L%.,' �� 0 0 STORM WATER (N POND CASTLEMOOR DR. Y 7 W C.)tY /#1, it Qo `���� T i j NY) 4 `� lam\ 1 03 5• 0 _ e°. om' Go\J UN4 v4,'O(. S' // MAGNOLIA TR. 300 150 0 300 Aill IMIN111111111.0\MME111111111111111MirrA P CITY OF EDEN PRAIRIE FIGURE 1 © =r STREET, TRAIL & SIDEWALK P.,V: ': COLUMBINE ROAD IMPROVEMENTS 3 PROJECT SCHEDULE (I.C.52-130) June 1,2004 Present Feasibility Report to City Council June 1,2004 Approve Plans and Specifications and Order Advertisement of Bids June, 2004 Advertise for Bids in Sun Current Newspaper and Construction Bulletin June 10 and 17,2004 • July 1,2004 Open Bids July 6,2004 Award Contract September, 2005 Final Completion September,2005 Special Assessment Hearing Spring,2006 Assessments First Appear on Tax Statements CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 1,2004 DEPARTMENT/DIVISION: ITEM NO.: Through: Robert A. Lambert, ITEM DESCRIPTION: Director of Parks &Recreation EE , From: Stuart A. Fox, Manage, Tax Forfeited Lands Parks and Natural Resources Requested Action Move to: Approve the resolution authorizing the disposal of three parcels of tax forfeited land. Synopsis These properties were reviewed by the City Council in 1996. Due to errors in the original Council Resolution these tax forfeited parcels are back before the City Council for formal action. Attached is a list received from the Hennepin County certified as Non Conservation Classification List 942-NC. These properties have been pronounced tax forfeit to the State of Minnesota for non payment of property tax. As provided in State Statue 282, Hennepin County has requested the City to make a recommendation as to the disposal of these three land parcels. The City can either approve the parcels for public auction, approve the parcels for sale to the adjacent property owner, withhold the properties from auction for one year, or request conveyance of the property to the City for public use. The list of three parcels of property is described as follows: Parcel PIN Description Pending Specials 1 04-116-22-31-0066 Outlot A, Edenvale 14th Addition 0 2 04-116-22-34-0091 Outlot A, Massee Addition 0 3 06-116-22-22-0096 Outlot B except HWY,Hidden Glen 3rd 0 Background The staff has reviewed these three parcels and has looked at the potential use of the parcels for public purposes. The staff feels that two of these parcels do have use for public purposes and they would be as follows: Parcel #2 is a parcel of land adjacent to Outlot G of Edenvale 3rd Addition. Outlot G has a City well house and a mini park located on it and it is part of the Edenvale Conservation Area. Parcel #3 is a parcel of land adjacent to Highway 101 and runs parallel to the highway right-of- way at the 101 curve adjacent to the Chanhassen/Eden Prairie border. 33 Tax Forfeited Lands June 1,2004 Page 2 One parcel does not have use for public purpose. That parcel is Parcel #1, an outlot that was created during Edenvale 14th Addition; however, it has insufficient size and frontage as a buildable lot. This parcel should be put on the public auction for sale to an adjacent property owner. Staff recommends these parcels should be conveyed as follows: Parcel#1 —Retained by Hennepin County and sold to an adjacent property owner. Parcel #2 — Request conveyance of this parcel of forfeited land to the City of Eden Prairie for inclusion in our public open space. Parcel #2 would add to the area already controlled for the public open space in the Edenvale area,known as the Edenvale Conservation Area. Parcel#3—Be conveyed to the Hennepin County Public Works Department as road right of way. Attachment Resolution Maps CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non-Conservation List 942-NC,which lists 3 (three)properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statue 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 from 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 these parcels in the following way: • The 3 (three)properties be classified as non-conservation land. • The following parcel be conveyed to the City of Eden Prairie for parkland purposes: PIN 04-116-22-31-0066 with no pending specials • The following parcel be conveyed to Hennepin County for roadway purposes: PIN 06-116-22-22-0096 with no pending specials • The following parcel be sold to an adjacent property landowner: PIN 04-116-22-31-0091 with no pending specials ADOPTED by the City Council of the City of Eden Prairie this 1st day of June 2004. 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I: ,Z b .411:1.:]E 0-S..800,b/,l_ S • `' '' nil.Z • LIST...942-NC CONSERVATION & 1 • NON—CONSERVATION LANDS • Property ID Number • PREVIOUS OWNER SPECIAL Conservation=C NER Property Address Target ' LEGAL DESCRIPTION DATE BUILDING . LAND MARKET ASSESSMENTS Non-Conserv. =N No. Property Type/ Structu Area FORFEITEI VALUE VALUE VALUE BEFORE FORFEITURE 1>3:G] ?.'::>::::::::::::::::z :;:: 1 P Reet 11299 04 116-22 3.1-0066 No EdcnvaleAssociation 6/20/96 0 $1,000 $1,000 0 Address Unassigned OutlotAEdenvale 14th Addition N Vacant Land • ?Areal..2,. 11300 04 116-22 3a-0091 No • EdenvaleAssociation 6/20/96 0 $1,000 $1,000 0 Address Unassigned • .Outlot AMasseeAddition • N Vacant Land. • • PAIV,E(„S 11302 06-116-22-22-0096 • No Frontier Midwest Homes Corp: 6/20/96 0 $12,600 $12,600 0 Address Unassigned Outlot B ex HWY Hidden.Glen 3rd N Vacant Land • • • • • • • • • • • • • LOTUS\LIST 942-NC \8 /8 /96 • CITY COUNCIL AGENDA DATE: June 1, 2004 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. Community Development TH212 Site Purchase Agreement—North David Lindahl American Properties •F Janet Jeremiah X�- Requested Action: Move to: Authorize the Mayor and City Manager to execute a purchase agreement and other documents necessary to complete the sale of City owned properties legally described as Tracts A,B and C,Registered Land Survey 423, Hennepin County, Minnesota, Minnesota Synopsis: North American Properties is assembling numerous properties along TH 212,between Prairie Center Drive and Fountain Place Drive, for a proposed 14 acre retail development call "Fountain Place." Three of these properties are owned by the City of Eden Prairie and comprise about one acre of land area. North American has agreed to pay the City$12 per square foot for the properties. If the sale is approved by the City Council,the closing will be scheduled for June 29, 2004. Attachments: Purchase Agreement 3S Purchase Agreement 05-24-04 PURCHASE AGREEMENT THIS AGREEMENT is made as of June , 2004 between City of Eden Prairie, a municipal corporation ("Seller"), and NAP Southwest, L.P., an Ohio limited partnership ("Buyer"). RECITALS Seller is the fee owner of certain real property described on Exhibit A hereto containing approximately 41,816 square feet(the"Real Property"). Buyer desires to purchase the Real Property from Seller, pursuant to the terms of this Agreement. Seller desires to sell the Real Property to Buyer,pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Sale of Real Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller,the Real Property. 2. Purchase Price and Manner of Payment. The purchase price to be paid by Buyer to Seller is based on $12 per square foot for all the Real Property minus an area estimated to be 1,820.47 square feet which is that portion required to be dedicated for right-of-way pursuant to Section 6. B. 1. The total purchase price is estimated to be Four Hundred Seventy Nine Thousand Nine Hundred Forty Six and 36/100 Dollars ($479,946.36). The actual purchase price shall be determine based on the square footage determined by the Survey required by Section 4.4 hereof, and shall be adjusted based on the area to be dedicated pursuant to Section 6.B.1. 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. $25,000 as earnest money ("Earnest Money") which Earnest Money shall be held by Commonwealth Land Title Insurance Company (hereinafter referred to as "Title" or "escrow agent") as escrow agent provided, however,that the fee for any such account shall be paid by Buyer. The Earnest Money shall become non-refundable and payable to Seller on June 30 [closing date + 1 day], 2004 if the Buyer has not 1— 39 previously terminated this Agreement, except as specifically set forth in this Agreement. The Earnest Money shall be credited toward the Purchase Price at closing. 3.2 Closing Payment. The remainder of the Purchase Price of Four Hundred Fifty Four Thousand Nine Hundred Forty Six Dollars and 36/100 ($454,946.36) by wire transfer of U.S. Federal Funds to be received by Seller on or before 11:00 a.m. local time on the Closing Date. 4. Inspection. Buyer shall have until June 15, 2004 at 4:30 p.m.to conduct the following inspections and investigations: 4.1 Title. Title shall have been found acceptable, or made acceptable, in accordance with the requirements and terms of Section 11 below. 4.2 Testing. Buyer shall have determined in its sole discretion that it is satisfied with the results of and matters disclosed by the Phase I and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Real Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. 4.3 Access and Investigation. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. 4.4 Survey. Buyer shall obtain at its sole cost a survey ("Survey"). The Survey shall set forth the square footage of the Real Property and the square footage of the right-of-way to be dedicated to the City of Eden Prairie as set forth in paragraph 6. B. 1 hereof. The Survey and its calculation of square footage for the Real Property and the right-of-way dedication shall be subject to the reasonable approval of the Seller. 5. Government Approvals. No later than June 15, 2004 at 4:30 p.m. Buyer shall have obtained approval from the City of Eden Prairie City Council of a Resolution for Planned Unit Development Concept Review, 1st Reading of an Ordinance for Planned Unit Development District Review and Zoning District Change Site Plan Review and Watershed District approval pertaining to the Real Property. Seller, as the Owner of the Real Property and not as a governmental entity, shall without charge to Buyer cooperate in Buyer's attempts to obtain all such governmental approvals. Seller shall further execute such rezoning applications, plans, environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. If the aforementioned approvals are not granted by the City of Eden Prairie City Council or the approvals are so restricted by conditions as to render Buyer's proposed use impractical as determined by Buyer, Buyer shall have the right to terminate this Agreement and all Earnest Money shall be refunded to Buyer, provided that Buyer has used commercially reasonable efforts, as determined by the Seller, to obtain the aforementioned approvals and comply with any reasonable conditions on the approvals. 6. A. Buyer's Closing Contingencies. Unless waived by Buyer in writing, Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following: 6. A.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by an authorized representative of Seller,certifying that such representations and warranties are true as of the Closing Date(the "Bring-down Certificate"). 6.A.2 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 6. A. 3 Approval of Survey by Seller. Seller shall have approved the Survey within ten(10)days of delivery of the Survey by Buyer to Seller. 6. A.3 Buyer's Contingencies. If any of the contingencies set forth in Sections 4, 5 or 6.A of this Agreement have not been satisfied on or before the specific date specified therein, then this Agreement may be terminated, at Buyer's option,by written notice from Buyer to Seller, and Buyer shall be entitled to a full refund of all Earnest Money. Such notice of termination may be given at any time on or before the stated date. If Buyer does not provide Seller with written notice of the failure of any contingency as of the stated date, said contingency shall be deemed waived and the parties shall proceed to consummate the Closing. Upon such termination (a) Buyer and Seller shall execute a recordable written termination of this Agreement,which shall include Buyer's quit claim of any interest in and to the Real Property, (b)the Earnest Money and any interest accrued thereon shall be released to Buyer as specified below, and (c) upon such return, 3- 1 neither party will have any further rights or obligations regarding this Agreement or the Real Property. All the contingencies set forth in Sections 4, 5 and 6.A of this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 6. B. Seller's Closing Contingencies. Unless waived by Seller in writing, Seller's obligation to sell the Real Property shall be subject to and contingent upon each of the following: 6.B.1 Dedication for TH 212. On or prior to June 15, 2004 the Buyer shall dedicate approximately 1,820.47 square feet of property on the fmal plat for the Real Property right-of-way for TH 212. 6.B.2 Temporary Easement to Seller. If the Real Property is transferred to Buyer prior to completion of the construction by Seller of the Prairie Center Drive/TH212 intersection project, Buyer will grant at no cost to the Seller no later than June 15, 2004 temporary construction easements (in form attached hereto as Exhibit B) on, over and across the property describe on Exhibit B hereto to facilitate final constructionsubstantially in accordance with plans entitled T.H. 212 and Prairie Center Drive, dated April 26, 2004,and prepared by SRF Consulting Group,Inc. 6. B.3 Section 6.B Contingencies. If any of the contingencies set forth in Section 6.B of this Agreement have not been satisfied on or before the specific • date specified therein, then this Agreement may be terminated, at Seller's option, by written notice from Seller to Buyer. In the event Seller exercises its option to terminate this Agreement on account of the failure of the contingencies set forth above, Seller shall retain all of the Earnest Money and all interest earned thereon. Such notice of termination may be given at any time on or after the stated date if Buyer fails to provide the dedication and/or the temporary easement. If Seller does not provide Buyer with written notice of the failure of any contingency as of the stated date, said contingency shall be deemed waived and the parties shall proceed to consummate the Closing. Upon such termination(a)Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest accrued thereon shall be returned retained by Seller as specified above, and (c) thereafter neither party will have any further rights or obligations regarding this Agreement or the Real Property. All the contingencies set forth in Section 6.B are specifically stated and agreed to be for the sole and exclusive benefit of the Seller and the Seller shall have the right to unilaterally waive any contingency by written notice to Buyer. 6. C. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur, subject to the last sentence of this paragraph, on June 29, 2004 (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at the office of the Title Company or at such other place as may be agreed to. Seller agrees to deliver possession of the Real Property to Buyer on the Closing Date, or three (3) days after cure of title objections, as specifically set forth in Section 11. 7. Buyer's Security. Prior to Buyer being allowed access to the Real Property for any testing, investigation, or surveying, Buyer shall tender to the Seller a performance bond and payment bond, or cash in an amount equal to the amount contracted for by the Buyer for such services or, if a flat fee is not specified, in such amount as is estimated by the City to cover the cost of such anticipated work. If bonds are provided by Buyer,the bonds shall be written by an insurance company approved by the City and duly authorized to do business in the State of Minnesota. If cash is provided by Buyer to Seller, such cash shall be held in escrow by Seller and shall be released by Seller upon tender of lien waivers for all work performed on the Real Property. Seller shall have no right to offset or counterclaim against the security, unless the security is drawn down to satisfy a lien caused by Buyer or Buyer's agents. 8. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following(collectively, "Seller's Closing Documents"): 8.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances. 8.2 Bring-down Certificate. The Bring-down Certificate. 8.3 Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date (a) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; (b)there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and (c) there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title to issue the Policy described in Section 11 of this Agreement. 5— `-13 8.4 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b) (2) and its regulations. 8.5 IRS Reporting Form. The appropriate Federal Income Tax reporting form, if any,as required. 8.6 Title Documents. Such other documents as may be reasonably requested by Title Company. 9. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following(collectively, "Buyer's Closing Documents"): 9.1 Purchase Price. The remainder of the Purchase Price, by wire transfer of U.S. Federal Funds to be received in Seller's account on or before 11:00 a.m. local time on the Closing Date. 9.2 Title Documents. Such Affidavits of Buyer, Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Policy. 10. Pro-rations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 10.1 Title Insurance and Closing Fee. Buyer will pay all costs of the Title Evidence described in Section 11 of this Agreement. Buyer will pay the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of any title policy ordered by Buyer and all additional premiums required for the issuance of any mortgagee's title insurance policy required by Buyer. Buyer will pay the closing fee or charge imposed by any closing agent designated by Title. 10.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 10.3 Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be adjusted as follows: 10.3.1 Current Year's Taxes. The Real Property is currently tax exempt because of public ownership. Any taxes due and payable because of this transaction and all taxes due and payable after Closing occurs shall be paid by the Buyer. 10.3.2 Assessments . All charges for improvements or services already made to or which benefit the Real Property, arising out of or in connection with any assessment district created or confirmed prior to the Closing Date ("Assessments") shall be waived by the City of Eden Prairie or paid in full by Seller at Closing except for the following. Buyer shall be responsible for all assessments levied or pending, including trunk sewer and water assessments, arising out of the Buyer's proposed development of the Real Property. 10.4 Recording Costs. Buyer will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording the warranty deed and all other documents. 10.5 Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the prevailing non-defaulting party to enforce its rights regarding such default. 11. Title Examination. Title examination will be conducted as follows: 11.1 Seller's Title Evidence. Buyer has obtained, at its own cost and expense a commitment ("Title Commitment") for an ALTA Form B 1992 Owner's Policy of Title Insurance issued by Commonwealth Land Title Insurance Company ("Title"), insuring marketable title to the Real Property in the amount of the purchase price set forth in Section 2 hereof, issued by Title. The Title Commitment will commit Title to insure title to the Real Property subject only to the Permitted Encumbrances. The Title Commitment and the Survey are hereinafter referred to as the "Title Evidence." 11.2 Buyer's Objections. Buyer shall make written objections ("Objections")to the form and/or contents of the Title Evidence within ten (10) days of receipt of the last of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" pursuant to this Agreement. If Seller, based on the advice of Seller's legal counsel, determines any Objection is not reasonably capable of cure within thirty days, Seller may, within ten (10) days after Buyer's giving notice of Objection, give notice to Buyer of Seller's intention not to make title marketable. Unless within ten (10) days after notice of Seller's intent to not make title marketable, Buyer, by notice to Seller, waives such Objection this Agreement shall terminate and neither party shall be liable for damages or otherwise to the other, and all Earnest Money plus interest, shall be returned to Buyer. 7— 11.3 Title Corrections and Remedies. If Seller does not give notice of intention to not make title marketable, Seller shall have 60 days from receipt of Buyer's written title objections to make title to the Real Property marketable. Liens or encumbrances for liquidated amounts which can be released by payment from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. If the Objections are not cured within such 60 day period,Buyer will have the option to do any of the following: 11.3.1 Termination. Terminate this Agreement, and notwithstanding Section 3.1 receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money,if any. 11.3.2 Escrow for Cure. Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within 90 days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 11.3.3 Waiver of Objections. Waive the Objections and close the transaction by this Agreement as if such Objections had not been made. 11.4 Public Road or Utility Easement. If Buyer objects to Seller's title because of(1) a public road, or(2) a utility easement, Seller may elect to terminate this Agreement by giving notice to Buyer that this Agreement will terminate at 5:00 p.m. Central Daylight time on the tenth day occurring after the day of the giving of notice by Seller to Buyer of Seller's election to terminate. Thereupon, this Agreement shall terminate at such time and date, unless prior thereto, Buyer shall have given notice to Seller that it waives such objection, and the Earnest Money shall be returned to the Buyer except as set forth in paragraph 6.B.3. 12. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 12.1 Corporation; Authority. Seller(a)is a political subdivision of the State of Minnesota; (b) is duly qualified to transact business in the State of Minnesota; and(c)has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it. Such documents have been (or will have been) duly authorized by all necessary action on the part of the Seller and have been (or will have been) duly executed and delivered. Such execution, delivery and performance by Seller of such documents does not (and will not) conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party. Such documents are (and will be) valid and binding obligations of Seller, and are enforceable in accordance with their terms. 12.2 Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except those identified on Exhibit C attached hereto (the "Permitted Encumbrances"). 12.3 Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. Notwithstanding this representation, assessments may be noticed on account of Buyer's proposed development of the Real Property. Buyer shall be responsible for all assessments levied or pending, including trunk sewer and water assessments, arising out of the Buyer's proposed development of the Real Property. 12.4 Environmental Laws. Seller has no actual knowledge of(i) the presence of any Hazardous Substances on, in or under the Real Property; or(ii) any spills, releases, discharges or disposal of Hazardous Substances that have occurred or are presently occurring on the Real Property. Seller represents that, as of the date of this Agreement, Seller has no actual knowledge of any failure to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport or disposal of any Hazardous Substances on or adjacent to the Premises. As used in this Agreement, "Hazardous Substances" shall mean: Any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic substance, or other similar term, by any federal, state or local environmental statute, regulation, order or ordinance presently in effect, including,without limitation,asbestos and petroleum products. Seller shall indemnify and hold Buyer harmless from any loss, damage, or reduction in value of the Premises by virtue of Seller's breach of its warranty in this Section 12. 9— 12.5 Rights of Others to Purchase Real Property. There exists no right of first refusal or option to purchase the Real Property or any other right of any other party that might prevent the consummation of this Agreement 12.6 Seller's Defaults. To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Real Property. 12.7 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. 12.8 Proceedings. There is no action, litigation,investigation, condemnation or proceeding of any kind affecting the Real Property pending or to the best knowledge of Seller threatened except litigation threatened by former owner of the Property. . 12.9 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Real Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Real Property, including leases which will survive and remain unpaid after the Date of Closing. Notwithstanding any other provision of this Purchase Agreement, Seller's indemnification obligation under this Section 12 shall not apply to any matters or state of facts disclosed to Buyer in this Purchase Agreement or disclosed in any environmental report given to or obtained by or on behalf of Buyer. 13. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that Buyer is duly organized and is in good standing under the laws of the State of Minnesota; that Buyer has the requisite corporate power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of Buyer's Articles of Incorporation or Bylaws or any judgment,order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. If Buyer assigns this Agreement as allowed under Section 17 hereof to a wholly owned subsidiary, the assignee shall execute and deliver a certificate at closing containing the above representations. 10— Lf U 14. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Real Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within 30 days after the date of Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money, together with any accrued interest shall be refunded to Buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 15. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 16. Mutual Indemnification. Seller (except for matters covered by Section 12.4) and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Real Property for their respective periods of ownership. Such rights of indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will, at the indemnifying party's sole cost and expense, diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 17. Assignment. Buyer may not assign its rights under this Agreement, without the prior written consent of the Seller which consent may be withheld in Seller's sole 11— Il discretion, provided Buyer may assign this Agreement, without Seller's consent, to a wholly owned subsidiary incorporated or organized, and qualified to conduct business in Minnesota, to a lender to facilitate financing of the acquisition of the Real Property, or to a corporation, partnership or limited liability company qualified to conduct business in Minnesota if the majority of the shareholders, partners or members of said entity are shareholders of the Buyer. 18. City Charges and Fees. Upon transfer to Buyer the Real Property will be subject to the same City charges and fees as the property Buyer intends to combine it with for purposes of development including, without limitation, trunk sewer and water charges and assessments.. 19. Survival. Each of the representations and warranties herein contained and all of the terms of this Agreement will survive and be enforceable for a period of one (1)year following the Closing Date. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to an officer of Buyer; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or transmitted by facsimile, a copy followed by mail notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eden Prairie City Offices Attention: Dave Lindahl 8080 Mitchell Road Eden Prairie, MN 55344-2230 Facsimile: 612-949-8383 With a copy to: Richard F. Rosow Gregerson, Rosow, Johnson&Nilan,Ltd. 1600 IBM Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 Facsimile: 612-349-6718 If to Buyer: NAP Southwest, L.P. Attn: Jay Scott 12300 Singletree Lane, Suite 200 Eden Prairie,MN 55344-7964 Facsimile: 952-974-9300 With a copy to: Anthony J. Gleekel Siegel,Brill, Greupner, Duffy &Foster,P.A. 1300 Washington Square 100 Washington Avenue South Minneapolis, MN 55401 Facsimile—612-339-6591 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Captions. The Section headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 22. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Real Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 23. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 24. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 25. Remedies. Except as provided in Section 11.3 hereof, if Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Seller may obtain and retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement and Seller does not cure said default within thirty (30) days from receipt of written notice, this provision does not preclude Buyer from seeking and recovering from Seller specific performance of this Agreement. Buyer shall have no right to seek 13— 5i damages from Seller for Seller's defaults hereunder. If Seller defaults under this Agreement, Buyer shall have no right to seek damages from Seller for Buyer's loss of its bargain in failing to acquire the Real Property. Upon an uncured default, Buyer, in lieu of seeking specific performance, may terminate this Agreement, at which time all Earnest Money, and interest thereon, shall be immediately returned to the Buyer. IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: BUYER: CITY OF EDEN PRAIRIE NAP Southwest,L.P. By By Its Mayor Its By Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of , 2004, by Nancy Tyra-Lukens, the Mayor and Scott H. Neal, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 5a. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2004, by the , of NAP Southwest, L.P., an Ohio limited partnership, on behalf of the partnership. Notary Public 15— 53 Exhibit A Legal Description Tracts A, B and C,Registered Land Survey No. 423, Files of Registrar of Titles, County of Hennepin, Minnesota, except that part of said tracts which lie southeasterly of the northwesterly highway line as described in document number E.P. Parcel 4 ,hereinafter referred to as Line A. [Note: City Resolution No. 1215 to be recorded per Registrar of Titles] containing 0.26 acre,more or less; subject to no right of access to Trunk Highway Number 187,renumbered 212, from the lands herein conveyed, such being reserved by the Grantor; subject to a permanent easement in the lands hereinafter described to be taken for highway purposes,the owner shall retain the right to use said lands for any purpose not inconsistent with the purpose for which these lands are acquired, said lands being described as follows: a strip being that part of the above described land hereinbefore described adjoining and northwesterly of the right of way hereinbefore described which lies southeasterly of the following described line: From the point of termination of Line A described above,run northwesterly at right angles to said Line A for 70 feet to the point of beginning of the line to be described;thence run northeasterly parallel with said Line A for 200 feet;thence run northeasterly to a point, distant 100 feet northwesterly(measured at right angles) of a point on said Line described in Line A, distant 300 feet northeasterly of its point of termination;thence run northeasterly to a point, distant 60 feet northwesterly(measured at right angles) of a point on said Line A, distant 450 feet northeasterly of its point of termination;thence run northeasterly parallel with said Line A for 200 feet and there terminating; containing 0.33 acre,more or less. The title thereto being registered as evidenced by Certificate of Title No. 516584; �J� EXHIBIT B Temporary Construction Easement to Seller TEMPORARY CONSTRUCTION EASEMENT The undersigned Grantor(s) for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to City of Eden Prairie, a Governmental subdivision of the State of Minnesota, (Grantee), a temporary easement over, under and across the following described land situated in the County of Hennepin, State of Minnesota,to wit: The southeasterly 25 feet of the northeasterly 500 feet of Lot 1, Blockl, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. Said easement being adjacent to and parallel with State Highway 212. Further, said temporary easement shall expire June 1, 2005. And The southeasterly 25 feet of the southeasterly 97 feet of Lot 2, Blockl, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. Said easement being adjacent to and parallel with State Highway 212. Further, said temporary easement shall expire June 1, 2005. (NOTE: The final plat is presumed to be named Fountain Place and will be revised as necessary.) This Temporary Easement shall be for all purposes necessary or incidental to the construction by Grantee of T.H. 212 @ Prairie Center Drive Reconstruction Project and utility facilities on or adjoining the above described property, including the right to make cuts and fills and construct slopes on said Temporary Easement, and remove therefrom or place thereon earth, other materials, trees and other vegetation. This Temporary Easement shall expire December 31, 2005. Grantors warrant they are the owners of the above described premises and have the lawful right and authority to convey and grant the temporary easement herein granted. 17— This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this day of , 2004. NAP SOUT] By: Its: By: Its: STATE OF ) COUNTY OF ) This instrument was acknowledged before me this day of ,2004, by and the and of NAP Southwest, L.P., an Ohio limited partnership, on behalf of the limited partnership. _Notary Public This instrument was drafted by: SRF Consulting Group,Inc. One Carlson Parkway, Suite 150 Minneapolis,MN 55447-4443 54 Exhibit C Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Utility and drainage easements that do not interfere with Buyer's contemplated improvements to the Real Property. 3. Transfer of the Real Property is subject to access control in favor of the Minnesota Department of Transportation. Ep\prairie center drive 212\purchase agrNAP052004 19— CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 1,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager c Kathleen Porta, City Clerk Resolution Establishing Polling Places Requested Action Motion: Adopt the resolution establishing polling places for the City of Eden Prairie. Synopsis: State Statute 204B.16 requires a resolution establishing polling places. Background: The three polling place changes are: Precinct 12 will move to the new Eden Prairie Community Library. Precinct 14 will move from the Homeward Hills Park Barn to Pax Christi Catholic Community. (This is due to an increase in the number of voters in Precinct 14 and the Homeward Hills Park Barn being unable to accommodate that number of voters.) Precinct 15 will move to the Eden Lake Elementary School. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004— A RESOLUTION ESTABLISHING POLLING PLACES BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the following facilities are designated as polling places: Precinct 1 King of Glory Lutheran Church Precinct 11 St.Andrew Lutheran Church 17850 Duck Lake Trail 13600 Technology Drive Precinct 2 Eden Prairie Assembly of God Precinct 12 Eden Prairie Community Library 16591 Duck Lake Trail 565 Prairie Center Drive Precinct 3 Immanuel Lutheran Church Precinct 13 Hennepin Technical College 16515 Luther Way 9200 Flying Cloud Drive Precinct 4 Antioch Christian Fellowship Precinct 14 Pax Christi Catholic Community 14100 Valley View Road 12100 Pioneer Trail Precinct 5 Prairie Hill Evangelical Free Church Precinct 15 Eden Lake Elementary School 17200 Valley View Road 12000 Anderson Lakes Parkway Precinct 6 Christ Lutheran Church Precinct 16 Pax Christi Catholic Community 16900 Main Street 12100 Pioneer Trail Precinct 7 City Hill Fellowship Precinct 17 Prairie Lutheran Church 12901 Roberts Drive 11000 Blossom Road Precinct 8 Wooddale Church Precinct 18 Eden Prairie Presbyterian Church 6630 Shady Oak Road 9145 Eden Prairie Road Precinct 9 Resurrection Life Church Precinct 19 Grace Church 16397 Glory Lane 9301 Eden Prairie Road Precinct 10 Eden Prairie United Methodist Church 15050 Scenic Heights Road ADOPTED by the Eden Prairie City Council this 1st day of June, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 59 y DATE: SECTION: Consent June 1, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance Resolution Indicating Preliminary Intent to Assist Sue Kotchevar a Multifamily Housing Development Via Issuance {� of Housing Revenue Bonds By the City of Eden • Prairie Requested Action Move to: Adopt Resolution indicating preliminary intent to assist with a multifamily housing development via issuance of Housing Revenue Bonds by the City of Eden Prairie and authorize staff to prepare and publish a notice of hearing. Synopsis The City is required to conduct a public hearing on the proposed Project and the proposed issuance of Housing Revenue Bonds. A public hearing on the proposal to finance the Project and to issue the bonds is tentatively scheduled to be held on July 6, 2004, at 7:00 p.m., at the City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344-2230. Notice of the hearing will be published in advance. Background Information The City is authorized pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act") to finance the making or purchasing of loans with respect to multifamily housing developments within the boundaries of the City of Eden Prairie, Minnesota. The City has received a proposal from Broadmoor Apartments, Inc., a Minnesota nonprofit corporation, which is related to Presbyterian Homes and Services, that the City assist in financing a Project through the issuance of revenue bonds or notes in the approximate aggregate principal amount of$8,400,000 pursuant to the Act and in accordance with a housing finance program prepared with respect to the Project. The Project will finance the acquisition of 227 existing residential condominium units and 73 attached garage units located at 635 Prairie Center Drive in the City of Eden Prairie. All 227 condominium units are currently owned by one entity and rented as market-rate apartments (Broadmoor Apartments). The new owner (Presbyterian Homes) would convert the apartments to Senior affordable units. Presbyterian Homes currently owns the adjacent Castle Ridge Care Center. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION PROPOSING A MULTIFAMILY HOUSING DEVELOPMENT PROJECT,TAKING OFFICIAL ACTION WITH RESPECT THERETO,AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT PURSUANT TO MINNESOTA STATUTES,CHAPTER 462C. WHEREAS, The City is authorized pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act") to finance the making or purchasing of loans with respect to multifamily housing developments within the boundaries of the City of Eden Prairie,Minnesota(the "City"); WHEREAS, The full faith and credit of the City will not be pledged to the payment of the principal of,premium, if any, and interest on the revenue bonds; WHEREAS, The City has received a proposal from Broadmoor Apartments, Inc., a Minnesota nonprofit corporation, which is related to Presbyterian Homes and Services (the "Company")that the City assist in financing a Project hereinafter described,through the issuance of revenue bonds or notes in the approximate aggregate principal amount of $8,400,000 (hereinafter referred to in this resolution as "Revenue Bonds") pursuant to the Act and in accordance with a housing finance program prepared with respect to the Project (the "Housing Program"); WHEREAS, The undertaking of the proposed Housing Program and the issuance of the Revenue Bonds to finance the cost thereof will further promote the public purposes and legislative objectives of the Act by expanding and assisting the multifamily housing operations of the Company in the City; WHEREAS, The Project to be financed by the Revenue Bonds is the acquisition of 227 residential condominium units and 73 attached garage units in the multifamily housing facility commonly known as Broadmoor Apartments located at 635 Prairie Drive in the City (the "Project"); WHEREAS, The City has been advised by representatives of the Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota,as follows: 1. The Council hereby indicates its preliminary intent to undertake the Project pursuant to the Act and the Housing Program and to issue the Revenue Bonds in the approximate principal amount of$8,400,000 pursuant to the Act to finance the Project. 2. The City staff is hereby authorized to cause to be prepared and published a notice of public hearing with respect to the Housing Program. 3. The issuance of the Revenue Bonds by the City is subject to, among other things, consideration of any comments presented at the public hearing, and final approval by this Council, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project. 4. The Company has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by Minnesota Housing Finance Agency; whether or not the Project is carried to completion; and whether or not the Revenue Bonds or operative instruments are executed. 5. All commitments of the City expressed herein are subject to the condition that by December 31, 2004 the City and the applicant shall have agreed to mutually acceptable terms and conditions of the Revenue Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Revenue Bonds are not sold within such time,this resolution shall expire and be of no further effect. 6. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Revenue Bonds, or issue the Revenue Bonds in an amount less than the amount referred to in paragraph 1 hereof, should the City at any time prior to issuance thereof determine that it is in the best interests of the City not to issue the Revenue Bonds,or to issue the Revenue Bonds in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 7. It is the purpose of this resolution to evidence the commitment of the parties and their intentions with respect to the proposed Project in order that the Company may proceed without delay with the commencement of the acquisition of the Project with the assurance that there has been sufficient "official action" within the meaning of the Internal Revenue Code of 1986, as amended, to allow for the issuance of multifamily revenue bonds (including, if deemed appropriate, any interim note or notes to provide temporary financing thereof) to finance the entire cost of the Project upon agreement being reached as to the ultimate details of the Project and its financing. ADOPTED by the City Council of Eden Prairie this 1st day of June,2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 1,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Resolution Declaring "Abandoned Property" I- Gary J. Therkelsen Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment,yard ornaments and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution-Declaration of Abandoned Property. 63 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. DECLARATION OF ABANDONED PROPERTY WHEREAS,City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, yard ornaments, and miscellaneous items as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on June 1,2004 Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 6LI r ;II II J.4 S, I Exhibit A \, Abandoned Property for Auction Category Case Number Description Bicycle(B) 2002033163 Yellow Hero Small Boys Bicycle,Aluminum AL 2.0 Bicycle(B) 2003009288 Silver Magna Childs Bike Bicycle(B) 2003012887 Silver/Burgandy Fuji Supreme Bicycle Bicycle(B) 2003013353 Red Trek Antelope 800 Bicycle w/black combo lock Bicycle(B) 2003013920 Black/Orange Mongoose"Fuzz"Dirt Bike w/pegs Bicycle(B) 2003014019 Purple/Blk/Sil Next Mtn Bike w/combo lock, Ultra Terrain Shock Bicycle(B) 2003015041 Purple/BIk/Sil/Whi Magna"Great Divide"Girls Mtn Bike Bicycle(B) 2003015740 Blk/Sil Boys Roadmaster Mtn Sport SX,XC Shock Element Racing Bicycle(B) 2003015784 Blue/Red/Sil Hard Rock"Specialized"Bicycle Bicycle(B) 2003016446 Huffy"Eagle Pass" 10-speed bicycle w/child seat on back Bicycle(B) 2003016512 Black Diamondback"Parkway" Mtn Bicycle Bicycle(B) 2003017256 Lt Blue Huffy"Pacific Waves"Girls Bicycle(Aqua) Bicycle(B) 2003017480 Orange Huffy Dirt Water Mtn Bike Bicycle(B) 2003017946 Lt Blue Schwinn Womens Bicycle"World Sport"w/lock on seat post Bicycle(B) 2003017946 Pink Womens Schwinn Bicycle"Caliente" Bicycle(B) 2003018812 Chrome"Roadmaster"BMX Street Race Youth Size Bike Bicycle(B) 2003019297 Huffy Oversized Titanium, Maroon Womans Bicycle,Gel-Type Grips on H Bicycle(B) 2003020595 Huffy Superia Bicycle, Green in Color Bicycle(B) 2003020595 HardRock Specialized Sport Bicycle,Silver,w/Bottle Holder&Bottle Bicycle(B) 2003022441 Shimano Vertical PK7 Mtn Bike w/shocks,21-spd, bike lock Bicycle(B) 2003022497 Huffy Rowdy Racer, Maroon,Very Small Childs Bike w/Bottle Cage Bicycle(B) 2003022497 Roadmaster Northern Point, 18spd, Black w/bottle cage, Mtn Bike,Adult Bicycle(B) 2003023056 Goshawk Ultimax Bicycle, Green in Color Bicycle(B) 2003023083 Roadmaster Mtn Bike, Green in Color Bicycle(B) 2003024741 Bicycle-Unknown Make or Model, BMX Stype w/pink,red,blue spattered p Bicycle(B) 2003024836 Dyno"Blaze"Black boys bike (small),sticker from Erik's Bike Shop Bicycle(B) 2003024836 Magna Gray Metallic(Small) Bike, Model 8531-25 Bicycle(B) 2003024836 Huffy(Small)Green Bike-No Markings Bicycle(B) 2003025992 Schwinn Mesa Mtn Bike,Yel/Blk/Red w/Detached Wheel Bicycle(B) 2003026758 Rand Trailblazer Mtn Bike, Black,ATB12,Water Bottle Holder/No Bottl Bicycle(B) 2003027589 Huffy Index, Pink, 15 speed Bicycle(B) 2003028435 Schwinn Breeze Blue Bicycle-Blk Seat/Female Style Frame Bicycle(B) 2003028608 Plateau Motiv, Silver/Blue, Blue Seat-Boys Bike Bicycle(B) 2003028778 GT Performer, Orange w/Bike Lock,Trick Pegs, Boys Bicycle(B) 2003029959 Gary Fisher Bicycle-Orange Bicycle(B) 2003029959 Trek 6500 Bicycle, Black w/Blk/Red/Whi Lettering Bicycle(B) 2003030333 Giant Commotion Boys Bike, Green Bicycle(B) 2003030611 Huffy Strider, 10 speed, Bicycle(B) 2003030710 Magna"Major Bicycle(B) 2003030771 Taffy Girls Bike, Purple Bicycle(B) 2003031341 Maruishi Lady Ace 10 Speed Bicycle, Light Purple Bicycle(B) 2003031530 Trek Mtn Track 830,Grn/Blue w/gry/whi lettering Bicycle(B) 2003031947 Janus Saguaro Mtn Bike,Green Report Date: 5/24/2004 1 r pIII IJ•E Exhibit A Ii' i :f Abandoned Property for Auction Category Case Number Description Bicycle(B) 2003032116 Roadmaster Mtn Sport SX, purple&grey w/black seat Bicycle(B) 2003032720 FS Elite Mountain Bike, Blue Bicycle(B) 2003033105 Schwinn Cross Fit,Turquoise Bicycle(B) 2003033105 Schwinn Sidewinder 2.4, Red Bicycle(B) 2003033112 Blue Boys BMX Bicycle, Red Pedals&silver handlebars&rims Bicycle(B) 2003033239 Schwinn Frontier-Girls Bike, Pink w/White Lettering Bicycle(B) 2003033895 Silver Mongoose Toast Mtn Bike Bicycle(B) 2003034092 Huffy Baron Mtn Bike-Red Bicycle(B) 2003034927 Yel/Blk Roadmaster Mtn Sport XS, 18 spd Bicycle(B) 2003036914 Next Boys Trick Bike-Red Bicycle(B) 2003037525 Petite BCA Girls Mtn Bike, Pink/Red Bicycle(B) 2003039640 Schwinn World Sport, Mens, Cranberry Bicycle(B) 2003040039 Magna Outreach Blue Mtn Bike, 10-speed Bicycle(B) 2003040491 Blue Outpost GT Mtn Bike w/Lock Bicycle(B) 2003044935 Huffy, Pink&Gry Bicycle Bicycle(B) 2004002328 Huffy 21-speed,Sierra Nevada-Purple&Red #of Items 59 Projector(C) 2003020834 Projector Screen Digital Camera(C) 2003022755 Sony MPEGmovieEX Digital Still Camera DSC-P3 Cyber-shot Memory S Projector(C) 2003031894 Buhl Overhead Projector, Model 90XT, Brown #of Items 3 Coat(D) 2002000805 Pg 1 B-Item#2-YEL/BLU Jacket Clothing (D) 2002035580 Item#4F-BIu/Lt Blue/Whi Boys Medium Nike Jacket Clothing(D) 2002035580 Item#4E-Nike Navy Blue Athletic Shirt Jacket(D) 2002038205 White Winter-Type Jacket w/Blue Trim Clothing(D) 2002038205 (1) Blue&White Striped Shirt Coat(D) 2003015550 Black Leather Coat Clothing (D) 2003016754 Jeans, Green Pull-over shirt,Gray Abercrombie Shirt Jacket(D) 2003043425 Items#7-9=Gloves,Stocking Cap, &Jacket Clothing (D) 2003045249 (5)Pair of Socks, Earrings& Barretts #of Items 9 Grill 2003037538 Meco Black BBQ Grill Fire Extinguisher (H) 2003037661 (1)Small Red Fire Extinguisher #of Items 2 Earrings(J) 2003009659 Pg 9- Item#1 -(1)Pair of Diamond Earrings- 14K Ring (J) 2003009659 Pg 9-Item#15-Solid Silver Band Ring Ring (J) 2003009659 Pg 9-Item#16-Gold Ring w/6 Diamonds w/Bar Spacers Ring(J) 2003009659 Pg 9-Item#22-Gold Ring- 14 Small Diamonds in Center 2 Rows-X u Earrings(J) 2003009659 Pg 9-Item#26-Square Cut Diamond Post Earrings Necklace(J) 2003009659 Pg 9-Item#28B-Gold Necklace w/Clover Necklace(J) 2003017784 Pg 1 #2-Misc Jewelry found in Bag w/Paraphernalia Report Date: 5/24/2004 2 P II I I PE Exhibit A / Abandoned Property for Auction Category Case Number Description Necklace(J) 2003019066 Necklace w/wooden beads Earrings(J) 2003046312 (2)Silver Dangly Earrings Earrings (J) 2004000006 (2) Earrings #of Items 10 Safe(0) 2002000157 Home Security Lock Box Safe(0) 2003003617 Grey Sentry H2100 Safe Typewriter 2003045256 Electronic Typewriter-Panasonic T33 Cellular Phone(0) 2004012701 Cell Phone W/Accessories Phone Accessories 2004012701 (1)Sanyo Carton-(1)w/Phone Holster #of Items 5 Purse(P) 2002001815 Wilsons Black Leather Bag/Purse Suit Case(P) 2002035580 (1) Medium Black Suitcase Suit Case(P) 2002035580 (1) Blk Suite Case w/misc clothing items Suit Case(P) 2003000407 Brown Pedro Suitcase Purse(P) 2003017196 Black Coach Purse Purse(P) 2003019427 Tan Purse w/Silver Dots Suit Case(P) 2003019735 (1) Blue Verdi Intl Suitcase Purse(P) 2003045823 Black Purse w/misc Papers&(1) Key #of Items 8 Amplifier(R) 2002001815 Alpine Power Amplifier Play Station (R) 2002002126 Playstation games,connector cables,controllers,X-Box game,etc. Cassette Player (R) 2002035580 Cassette Player w/Headphones-Inside Suit Case Headset (R) 2002035656 (1)Aviation Headset Headset (R) 2002035656 (1)Aviation Headset Remote Control (R) 2003019912 Panasonic CD Player Remote Control-Car Stereo Faceplate (R) 2003019912 Panasonic CD Car Stereo Face Plate Faceplate (R) 2003019912 Pioneer CD Car Stereo Faceplate Car Stereo (R) 2003019912 JVC CD Car Stereo Car Stereo (R) 2003036374 Koss Car Stereo&(1) R. Kelly CD #of Items 10 Bowling Ball 2000018642 16 lbs. Bowling Ball Cooler 2001000405 Igloo Cooler-Red&White Duffle Bag (S) 2002001815 (1) Large Black Duffle Type Bag Duffle Bag (S) 2002035580 Duffle Bag w/Misc Clothing Cooler 2003000407 Blue Igloo Cooler Baseball Bat (S) 2003015497 (2) Baseball Bats-Aluminum&wood Golf Bag/Equipment (S) 2003016754 Black Wilson Golf Bag w/golf glove,balls&tees Golf Bag/Equipment (S) 2003017946 Set of Ram Golf Clubs,Golf Bag&Steel Pull Cart Tennis Racqet 2003027075 Wilson Volt 25 Oversize Tennis Racquet-Blue/Black/White Scooter (S) 2003028033 Bimy Scooter-Stainless Steel/Silver Skateboard (S) 2003028463 Skateboard, Gray w/tan wheels-Bruce Lee's picture on underside w/se Report Date: 5/24/2004 3 II I 11 Exhibit A 4 ! Abandoned Property for Auction Category Case Number Description Duffle Bag (S) 2003031854 Blue Duffle Bag Scooter (S) 2003033802 Rotate"XGames"Scooter, Gray/Aluminum in Color Weight Bench 2003037538 White 1100 Weight Bench Gloves 2004010033 #6-Camo Choppers-Pair of Gloves #of Items 15 Auto Parts(W) 2002003366 (1)Car Cover in Gray Bag Auto Parts(W) 2003025356 Trailer Hitch/Ball Assembly Tire Gauge 2003036603 Tire Gauge Auto Parts(W) 2004002206 Brown Crank/Bottle Jack for SUV #of Items 4 Scale-Electronic(X) 2003000816 Sunbeam Postal Scale Tools-Other (X) 2003015497 Car Jack Handle,Tire Wrench,Wheel Cover Remover Nails 2003036592 Paslode Positive Placement Nails- 1 Box Tools-Other (X) 2003043425 Item#12-Dent Puller-Blue Handled Battery(X) 2003046170 DeWalt Battery Pack DW9062 Drill(X) 2003046170 DeWalt Drill w/Battery, Model DW926 Drill (X) 2003046170 DeWalt Drill, Model DW995 #of Items 7 Compact Disc(Y) 2002035580 13 CD's&8 Music CD's Reflector 2003009698 (2) Blue Reflector Stakes Light 2003019912 (1) Neon Light Pillow 2003020813 (1)Overfilled"Beyond Big"Pillow Backpack(Y) 2003023083 Speedway Backpack, Black in Color Lawn Chair 2003024573 (1) Coleman Voyager Chair(green)w/black carrying case Lawn Chair 2003024573 (1) EZ1 Black Folding Chair w/black carrying case CD case(Y) 2003030165 Black"Case Logic"CD Case (w/CD's) Compact Disc(Y) 2003030165 Misc CD's(in CD Case) Cable 2003032942 Kryptoflex Cable CD Case(Y) 2003042707 Black Vinyl CD Case w/19 CDs-Various Artists CD Case(Y) 2003043196 Black CD Case w/Hispanic Titled Music&(4) Cassette Tapes Compact Disc(Y) 2003043425 Item#11 =(10)CD's Charger(Y) 2003046170 DeWalt DW9118 Charger Yard Ornaments(Y) 2003046174 3'Plastic Santa Yard Ornament Yard Ornaments(Y) 2003046174 2'Plastic Penguin Yard Ornament Lights 2003046174 Christmas Lights-Clear Icicle Strands Yard Ornaments(Y) 2003046208 1/2"Plywood Painted of Jesus in a Manger #of Items 18 150` Report Date: 5/24/2004 4 I Exhibit B '• T- / Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Tap 2003014716 (1)Keg Tap, Black hose/chrome EP Liquor Store#1 #of Items 1 Gun-Other (G) 2003015915 Paint Ball Gun&CO2 Cylinders(4) EPPD ERU Gun-BB/Pellet (G) 2004007817 Pellet Gun-Airsoft Pistol EPPD Police Training #of Items 2 Knife(H) 2003015550 Black Knife EPPD Police Training Knife(H) 2004001935 Wrench handled folding knife&Leath EPPD Use Knife(H) 2004003543 Smith&Wesson Pocket Knife-Black City of Eden Prairie #of Items 3 Computer Disc (0) 2003002402 (2)Computer Discs EPPD Use #of Items 1 Drivers License(P) 2001013644 Fraudulent MN DL EPPD Use Drivers License(P) 2001027481 Item#1 -Fake FL DL EPPD Police Training Drivers License(P) 2002025008 Fake ID-Alex Rice EPPD Police Training Drivers License(P) 2003005969 Ficticious MN Drivers License EPPD Police Training Drivers License(P) 2003006492 Altered MN Drivers License EPPD Police Training Drivers License(P) 2003026742 (2) Fake Drivers Licenses EPPD Police Training #of Items 6 Radio(R) 2001028452 Kenwood Radio&Siren EPPD Use Scanner(R) 2002046053 Radio/Scanner Scanner(R) 2003000663 Item#11 -Radio Shack Scanner EPPD Use #of Items 3 Currency-Cash/Coin ( 2003020693 $20 Bill City of Eden Prairie Currency-Cash/Coin ( 2003023747 $1.34 in change City of Eden Prairie Currency-Cash/Coin ( 2003036587 $5.17 in Bill&change City of Eden Prairie Currency-Cash/Coin ( 2003045823 $.15 in change City of Eden Prairie Currency-Cash/Coin ( 2004003932 $11 Cash City of Eden Prairie #of Items 5 License Plates(W) 2001028452 Pg 1 -Item 1 =(1)MN License Plate EPPD Use License Plates(W) 2001028452 Pg 2-Item#2-(1)MN License Plate EPPD Use Report Date: 5/25/2004 I F'itI i/•, 'i, lI, 1 Exhibit B '''',' = / Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose #of Items 2 Scale-Electronic(X) 2002000157 #5-Palm Scale SWHDTF Scale-Electronic(X) 2002000805 #3-Vector Scale SWHDTF Scale-Electronic(X) 2002000805 #4A-My Weigh Gram Scale SWHDTF Scale-Electronic(X) 2002000897 Pg 1A-#3B Gram Scale SWHDTF Scale-Electronic(X) 2002001815 Palmscale-Digital SWHDTF Scale-Electronic(X) 2002002126 #1A Palm Scale SWHDTF Screwdriver(X) 2002029548 Screwdriver City of Eden Prairie Tire Iron 2003012964 (1)Chrome Tire Iron City of Eden Prairie Screwdriver(X) 2003017784 Item#34-Screwdriver w/blk&grn hand City of Eden Prairie Flashlight (X) 2003017784 Item#8-Mag-Lite Flashlight City of Eden Prairie Tools-Other (X) 2003017784 Item#32-Pliers City of Eden Prairie Flashlight (X) 2003017784 Pg 5-Item#1 -Flashlight City of Eden Prairie Screwdriver(X) 2003030519 Screwdriver City of Eden Prairie Screwdriver(X) 2003036587 Screwdriver-Yellow Handle City of Eden Prairie Tools-Other (X) 2004010033 (3)Tools-Screwdrivers&Pliers City of Eden Prairie #of Items 15 Drug Paraphernalia(Y) 2001001676 Pg 1 A-Partial#3-Tanita Scale SWHDTF Drugs(Y) 2001001845 Item#8-108 g MJ EPPD Canine Training Drugs(Y) 2002000157 Pg 2-Items 1a,3(1)-3(11),3dd,4-1-4- EPPD Canine Training Drugs(Y) 2002000897 1.86g,5.83g,&5.83g Crack/Cocaine EPPD Canine Training Drug Paraphernalia(Y) 2002000897 14.64g,&64.06g Crack/Cocaine(Pg 2 EPPD Canine Training Drugs(Y) 2002001193 941.8g Cocaine(Pg 2-#9) EPPD Canine Training Drug Paraphernalia(Y) 2002001555 Tanita 1479V Scale-Item#1 SWHDTF Drugs(Y) 2002001659 Marijuana(Item#1,4,&5) EPPD Canine Training Drugs(Y) 2002001660 .08g Crack Cocaine(Item#4) EPPD Canine Training Drugs(Y) 2002002081 .51g Meth EPPD Canine Training Drugs(Y) 2002002127 .04g Heroin EPPD Canine Training Drugs(Y) 2002002135 .27g Crack Cocaine EPPD Canine Training Drugs(Y) 2003000094 Pg 1 -#1 = 1.5g Cocaine EPPD Canine Training Report Date: 5/25/2004 2 70 I_ ) Exhibit B ,,,.,.�_, / Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Drugs(Y) 2003000094 Pg 1A-#1 = .47g Heroin EPPD Canine Training Drugs(Y) 2003000094 Pg 1 C-#1 = 1.51 g Meth EPPD Canine Training Drugs(Y) 2003000094 Pg 1 D-#1 -.30g Heroin EPPD Canine Training Drugs(Y) 2003000094 Pg 1 F-#1 = .59g Cocaine EPPD Canine Training Drugs (Y) 2003000094 Pg 1 G-#1 - 1.99g of Cocaine EPPD Canine Training Drugs (Y) 2003000100 2.52g Cocaine EPPD Canine Training Drugs (Y) 2003000402 112g of Marijuana EPPD Canine Training Drugs(Y) 2003000407 185g,20g,8g,26g of Marijuana EPPD Canine Training Drugs(Y) 2003000663 Pg 1A-Items 7a-c,8a Meth (ICE) EPPD Canine Training Drugs(Y) 2003000693 .56g of Heroin EPPD Canine Training Drugs(Y) 2003001562 Pg 1 -#1 -.2g of Heroin EPPD Canine Training Drugs(Y) 2003001562 Pg 1 B-#1 =.3g of Heroin EPPD Canine Training Drugs(Y) 2003001562 Pg 1 D-#1 &2=7.05g of Heroin&Pla EPPD Canine Training Drugs (Y) 2003001562 Pg 1E-#1 &2= 10.43g of Heroin&P EPPD Canine Training Drugs(Y) 2003002799 Item#2A-(1) Ecstacy Tablet EPPD Canine Training Drug Paraphernalia(Y) 2003002799 Partial#2-Tanita Gram Scale SWHDTF Drugs(Y) 2003003218 .3g of Crack Cocaine EPPD Canine Training Drugs(Y) 2003003468 7.38g Cocaine EPPD Canine Training Drugs(Y) 2003003501 .15g of Meth EPPD Canine Training Backpack(Y) 2003019066 (1) Black Jansport Backpack EPPD ERU Backpack(Y) 2003028619 ONS Backpack(Oncology Nursing So EPPD ERU #of Items 34 72` Report Date: 5/25/2004 3 7 ► CITY COUNCIL AGENDA DATE: June 2,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Approve Amended Project Management Molly Koivumaki, Community Agreement between the City of Eden Prairie and J .3- . Development SC Minnesota Properties Requested Action Move to: Approve the Second Amended Project Management Agreement dated December 28, 2001 by and between the City of Eden Prairie and SC Minnesota Properties concerning Summit Place in Eden Prairie, MN. Background Information The original Project Management Agreement was modeled after other similar projects which involved a tax credit and required a strict income verification process. The Developer, SC Minnesota,requested relief from the verification process since this project does not involve tax credits and therefore a different standard is required for income verification. The Second Amended Project Management Agreement modifies the original income verification process. SECOND AMENDED PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE (City) AND SC MINNESOTA PROPERTIES,LLC (Developer) THIS SECOND AMENDED PROJECT MANAGEMENT AGREEMENT (the "Second Amended Agreement") is made as of this day March, 2004, between THE CITY OF EDEN PRAIRIE,a public body corporate and politic under the laws of the State of Minnesota(the"City"), and EP Senior Housing,LLC,a Minnesota limited liability company, and EP Assisted Living,LLC, a Minnesota limited liability company(collectively the"Developer"). RECITALS: • WHEREAS, the City and the Silvercrest Properties, LLC, a Minnesota limited liability company as property manager for the entity which was formed to acquire the Project, entered into that certain agreement entitled Project Management Agreement,made as of the 22"d of November, 1999 (the"Original Project Management Agreement"). WHEREAS, the City and SC Minnesota Properties, LLC, a Minnesota limited liability company as the entity which was formed to acquire the Project,entered into that certain agreement • entitled Amended Project Management Agreement, as of the 18"' day of December, 2001 (the "Amended Project Management Agreement")which supersedes in its entirety the Original Project Management Agreement. WHEREAS, the Developer, as owner, is the successor and assignee of SC Minnesota Properties,LLC, pursuant to the Assignment of Amended Project Management Agreement entered into on the 5th day of February, 2002 (the"Assignment"). WHEREAS, the City and the Developer desire to amend certain sections of the Amended 73 Project Management Agreement pursuant to the terms ofthis Second Amended Project Management Agreement (the "Second Amended Project Management Agreement"). The Original Project Management Agreement,the Amended Project Management Agreement,and the Second Amended Project Management Agreement are collectively referred to as the "Project Management Agreement". WHEREAS,the Developer is the owner of that certain real property located in the City and legally described as set forth on Exhibit A, on which the Developer has constructed a 265 unit continuing care facility for seniors (the"Project"); and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions,and premises set forth in this Agreement,the parties agree to the following amendments: 1. Section 4. "Developer's Obligations." Subsections 4.1.,4.2.,and 4.4 are amended as follows: Section 4.1. Tenants. It is the express understanding of the Developer and the City that twenty percent(20%)of the dwelling units in the Project comprising 43 units total will be Special Units (hereinafter referred to as "Special Units" or"Special Unit"). These Special Units must be occupied by qualifying tenants. Qualifying tenants are individuals whose income is 50%or less of area median growth income pursuant to Section 142 of the Internal Revenue Code of 2001 (the "Code"). The Developer must examine the income of each tenant household occupying the Special Units on an annual basis. The Developer shall use the Tenant Income Certification form as set forth as Exhibit E when examining the income of each tenant household occupying a Special Unit. If the income of the tenant occupying any Special Unit did not exceed the applicable income limit,as set forth at section 1.5 of this Project Management Agreement,upon commencement of such tenant's occupancy of the Special Unit,the income of such tenant shall be treated as continuing not to exceed the applicable income limits until such tenant's income for a year shall exceed one hundred forty percent(140%) of the median growth income for the Minneapolis/St.Paul Standard Metropolitan Statistical Area,as adjusted for family size and other factors,and as determined by HUD for the year. In the event that a tenant's income exceeds such income limit,the unit occupied by such tenant will become a Market Rate Unit and Developer shall provide the next available comparably sized Market Rate Unit as a Special Unit. 4.2 Section 4.2 is deleted. 4.4 Certificate of Continuing Program Compliance. The Developer must submit annually for the City's review the Developer's initial and subsequent annual Certificate of Continuing Program Compliance("Certificate") as set forth as Exhibit E containing data for all Special Units in the Project. Except for the income and sources of income reported by each qualifying tenant, all calculations relating to qualification for a Special Unit and rents charged must be certified as true and correct by a certified public accountant. The Developer must also submit the Tenant Income Certification Form as set forth as Exhibit F for each Special Unit. The City will review the Certificate as well as the supporting Tenant Income Certification Forms to ensure compliance with Section 142 of the Code. Any Certificate submitted by the Developer will be considered approved unless disapproved by the City within thirty (30) days after submission. The City shall provide detailed written reasons if any Certificate is disapproved. The Developer shall have sixty(60)days following receipt of any notice of disapproval to cure any objections the City has made in its notice of disapproval and to submit a revised Certificate to the City for review and approval as provided for in this Section. The Developer's failure to obtain the City's approval of revised Certificates during such sixty(60)day cure period,unless such approval is unreasonably withheld by the City, shall constitute a default by the Developer under this Agreement. -4-5 2. Section 17 is added as follows: Section 17. Administrative Fees,Attorneys'Fees,Expenses,and Costs. In the event the Developer should default under any of the provisions of this Second Amended Agreement and the City should employ attorneys or incur other expenses for any liability of the City with respect to this Project Management Agreement or for the enforcement of performance of any obligation or agreement.on the part of the Developer, the Developer will, on demand, pay to the City the reasonable fee of such attorneys and such other expenses so incurred. In addition,the Developer shall reimburse the City, upon demand, for all costs and expenses, including without limitation, reasonable attorneys' fees, paid or incurred by the City in connection with (i) the discussion, negotiation,preparation,approval,execution and delivery of this Project Management Agreement, and the documents and instruments related hereto or thereto;(ii)any amendments or modifications to any of the foregoing documents, instruments or agreements and the discussion, negotiation, preparation, approval, execution and delivery of any and all documents necessary or desirable to effect such amendments or modifications; (iii) the recording and administration of the Project Management Agreement during the term hereof or thereafter; and(iv)the enforcement by the City during the term hereof or thereafter of any of the rights or remedies of the City hereunder or under the foregoing documents, or any document, instrument or agreement related hereto or thereto, including, without limitation, costs and expenses of collection in the Event of Default,whether or not suit is filed with respect thereto. 3. Exhibit B is deleted. 4. Counterparts. This Agreement may be executed in counterparts,each of which will be an original agreement,but all of which together will be one agreement. 7 IN WI'1NESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CITY: THE CITY OF EDEN PRAIRIE By Its: Mayor By Its: City Manager DEVELOPER: SC MINNESOTA PROPERTIES, LLC By Its: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004,by Nancy Tyra-Lukens and Scott Neal,the Mayor and the City Manager,respectively,of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public 11 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004, by the of SC Minnesota Properties, LLC, a Minnesota limited liability company,on behalf of the company. Notary Public • P:\Home\EP\EdenShores\SECOND AMENDED PROJECT MANAGEMENT AGREEMENT.wpd 7g r _ CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE Date: ,20 The following information with respect to the Summit Place Project (the "Project"), refinanced with the proceeds of the City of Eden Prairie,Minnesota,Multifamily Housing Variable Rate Revenue Refunding Bonds(Summit Place Project),Series 2003,is provided to the City of Eden Prairie, Minnesota(the"Issuer") and U.S. Bank National Association, as trustee (the "Trustee")by (the"Declarant")pursuant to the requirements of the Amended and Restated Project Management Agreement,dated as of ,2004(the"TIP'Agreement"), between the Issuer,the Trustee,and the Owner,with respect to the Project: General (a) The total number of residential units in the Project which are (completed and available for occupancy is . The total number of such units occupied is . (b) The Declarant has obtained an "Tenant Income Certification Form" (the "Certification") in the form provided as Exhibit to the TIF Agreement, from each Qualifying Tenant named below,the income stated therein has been verified as required by the TIF Agreement and each such Certification is being maintained by the Declarant in its records with respect to the Project. Attached hereto is the most recent such Certification for each such Tenant who signed such a Certification since ,the date on which the last"Certificate of Continuing Program Compliance"was filed by the Declarant. (c) In renting the residential units in the Project,the Declarant has not given preference to any particular group or class of persons(except for persons who qualify as Lower Income Tenants, Moderate Income Tenants or elderly or handicapped tenants, as appropriate); and none of the units listed below as occupied by Qualifying Tenants have been rented for occupancy entirely by students, no one of which is entitled to file a joint return for federal income tax purposes. (d) All of the residential units in the Project have been rented pursuant to a written lease which complies with the requirements of the TIF Agreement. (e) The information provided in this"Certificate of Continuing,Program Compliance" is accurate and complete, and no matters have come to the attention of the Declarant which would indicate that any of the information provided herein, or in any Certificate obtained from the Qualifying Tenants named herein,is inaccurate or incomplete in any respect. Lower Income Tenants (A) The following residential units (identified by unit number) are presently vacant but have been designated for occupancy by "Qualifying Tenants", as such term is defined in the TIF Agreement and are being held vacant and available for that purpose (for a total of ): Unit Number EXHIBIT s "79 (B) The following residential units have been re-designated as units for Qualifying Tenants since , the date on which the last "Certificate of Continuing Program Compliance"was filed by the Declarant: II UNIT PREVIOUS DESIGNATION OF REPLACING UNIT NUMBER UNIT(IF ANY) NUMBER (C) The following residential units are considered to be occupied by Qualifying Tenants based on the information set forth below: Name of Tenant Unit and Number of Adjusted Percent Change Date of Number Persons Residing in Family Initial in Income the Unit Income Occupancy (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Name of Tenant Unit and Number of Adjusted Date of Percent Change Number Persons Residing in Family in Income Initial the Unit Income Occupancy (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) I I (34) (35) (36) (37) (38) (39) ( Name of Tenant ' Unit and Number of Adjusted Date of Percent Change Number Persons Residing in Family in Income "al the Unit Income Occupancy (40) (41) (42) (43) (D) 43 of the residential units(20%of all residential units)are occupied by,or are being held available for occupancy by,Qualifying Tenants, IN WITNESS WHEREOF,I have hereunto affixed my signature,on behalf of the Declarant, on ,20 . [DECLARANT] By Its k/1427.21-program compliance TENANT INCOME CER1 WICATION Effective Date: ❑ Initial Certification ❑ Recertification ❑ Other Move-in Date: (NIIvI/DD/I'YYI) PART I.-DEVELOPMENT DATA. Property Name: County: BIN#: Address: Unit Number: #Bedrooms: HH First Name&Middle Relationship to Head Date of Birth F/T Student Social Security Mbr# Last Name Initial of Household (MM/DD/YYYY) (Y or N) or Alien Reg.No. I I HEAD 2 3 4 _5 6 7 .....:...:.:.... ...... .. .....:... .. ..... ... .::. .:.:..:... ... ............ ........: . .....: .. PART:III.GROSS ANNUAL INCOME HH (A).... .. ... .. .. .. (B) (C) (D) Mbr# Employment or Wages Soc.Security/Pensions Public Assistance Other Income TOTALS $ $ $ $ Add totals from(A)through(D), above TOTAL INCOME(E): $ ..:::.... .:..: ....;::... �: .PART IV:INCOME:FROM<ASSETS-:.. Hshld (F) (G) (H) (I) Mbr# Type of Asset C/I Cash Value of Asset Annual Income from Asset TOTALS: $ $ Enter Column(H)Total Passbook Rate If over$5000 $ _ X 2.00% = (J) Imputed Income $ Enter the greater of the total of column I,or J:imputed income TOTAL INCOME FROM ASSETS(K) $ (L)Total Annual Household Income from all Sources [Add(E)+(K)] $ • . HOUSEHOLD CERTIFICATION'S :SIGNAT:URE5 ;'::.; s: . The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s)set forth in Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving out of the unit or any new member moving in. Uwe agree to notify the landlord immediately upon any member becoming a full time student Under penalties of perjury,Uwe certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False,misleading or incomplete information may result in the termination of the lease agreement. Signature (Date) Signature (Date) Signature (Date) Signature (Date) EXHIBIT Tenant Income Certification 1 a MHFA HTC 14(1/04) • PART V. DETERMINATION OF INCOME ELIGIBILITY RECERTIFICATION ONLY: TOTAL ANNUAL HOUSEHOLD INCOME Household Meets Current Income Limit x 140%: FROM ALL SOURCES: Income Restriction From item(L)on page 1 $ at: $ ❑ 60% ❑ 50% Household Income exceeds 140%at ❑ 40% ❑ 30% recertification: ❑ % ❑Yes ❑No Current Income Limit per Family Size: $ Household Income at Move-in: $ Household Size at Move-in: PART:VI. RENT $ Tenant Paid Rent Rent Assistance: $ Utility Allowance $ Other non-optional charges: $ GROSS RENT FOR UNIT: Unit Meets Rent Restriction at: (Tenant paid rent plus Utility Allowance& other non-optional charges) $ ❑ 60% U 50% ❑40% ❑ 30%❑ Maximum Rent Limit for this unit: $ • :: _....:;:.: ..;.:.. PART.VIL-STUDENT STATUS • *Student Explanation: ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes,Enter student explanation* 1 TANF assistance (also attach documentation) 2 Job Training Program ❑yes ❑no 3 Single parent/dependent child 4 Married/joint return Enter 1-4 : PART VIII. PROGRAM TYPE.:: Mark the program(s) listed below (a. through e.) for which this household's unit will be counted toward the property's occupancy requirements. Under each program marked,indicate the household's income status as established by this certification/recertification. a. Tax Credit 0 b. HOME 0 c. Tax Exempt 0 d. AHD? 0 e. 0 (Name of Program) See Part V above. Income Status Income Status Income Status ❑ <_50%AMGI ❑ 50%AMGI ❑ 50%AMGI Income Status ❑ <60%AMGI ❑ 60%AMGI 0 80%AMGI ❑ ❑ <80%AMGI ❑ 80%AMGI 0 OI** 0 o or* 0 or* ❑ OI** ** Upon recertification,household was determined over-income(01)according to eligibility requirements of the program(s)marked above. : .:...:..., . SIGNATURE OF OW. RESENTA'T7.VE.:: Based on the representations herein and upon the proofs and documentation required to be submitted,the individual(s)named in Part II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code,as amended,and the Land Use Restriction Agreement(if applicable),to live in a unit in this Project. SIGNATURE OF OWNER/REPRESENTATIVE DATE Tenant Income Certification gcLi MHFA HTC 14(1/04) INSTRUCTIONS FOR COMPLETING TENANT INCOME CERTIFICATION This form is to be completed by the owner or an authorized representative. Part I-Development Data Check the appropriate box for Initial Certification(move-in),Recertification(annual recertification),or Other. If Other,designate the purpose of the recertification(i.e.,a unit transfer,a change in household composition,or other state-required recertification). Move-in Date Enter the date the tenant has or will take occupancy of the unit. Effective Date Enter the effective date of the certification. For move-in,this should be the move-in date. For annual recertification,this effective date should be no later than one year from the effective date of the previous(re)certification. Property Name Enter the name of the development. County Enter the county(or equivalent)in which the building is located. BIN# 'Enter the Building Identification Number(BIN)assigned to the building(from IRS Form 8609). Address Enter the address of the building. Unit Number Enter the unit number. #Bedrooms Enter the number of bedrooms in the unit. Part II-Household Composition List all occupants of the unit. State each household member's relationship to the head of household by using one of the following coded definitions: , H - Head of Household S - Spouse A - Adult co-tenant 0 - Other family member C - Child F - Foster child(ren)/adult(s) L - Live-in caretaker N - None of the above Enter the date of birth,student status,and social security number or alien registration number for each occupant. If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification. Part III-Annual Income See HUD Handbook 4350.3 for complete instructions on verifying and calculating income,including acceptable forms of verification. From the third party verification forms obtained from each income source,enter the gross amount anticipated to be received for the twelve months from the effective date of the(re)certification.Complete a separate line for each income-earning member. List the respective household member number from Part II. Column(A) Enter the annual amount of wages,salaries,tips,commissions,bonuses,and other income from employment;distributed profits and/or net income from a business. Column(B) Enter the annual amount of Social Security,Supplemental Security Income,pensions,military retirement,etc. Column(C) Enter the annual amount of income received from public assistance(i.e.,TANF,general assistance, disability,etc.). Column(D) Enter the annual amount of alimony,child support,unemployment benefits,or any other income regularly received by the household. Row(E) Add the totals from columns(A)through(D),above. Enter this amount. Tenant Income Certification 31 15 MHFA HTC 14(1/04) • Part IV-Income from Assets See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets,including acceptable forms of verification. From the third party verification forms obtained from each asset source,list the gross amount anticipated to be received during the twelve months from the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member. Column(F) List the type of asset(i.e.,checking account,savings account,etc.) Column(G) Enter C(for current,if the family currently owns or holds the asset),or I(for imputed,if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)certification). Column(II) Enter the cash value of the respective asset. Column(I) Enter the anticipated annual income from the asset(i.e.,savings account balance multiplied by the annual interest rate). TOTALS Add the total of Column(H)and Column(I),respectively. If the total in Column(H)is greater than$5,000,you must do an imputed calculation of asset income. Enter the Total Cash Value, • multiply by 2%and enter the amount in(J),Imputed Income. Row(K) Enter the greater of the total in Column(I)or(J) Row(L) Total Annual Household Income From all Sources Add(E)and(K)and enter the total HOUSEHOLD CERTIFICATION AND SIGNATURES After all verifications of income and/or assets have been received and calculated,each household member age 18 or older must sign and date the Tenant Income Certification. For move-in,it is recommended that the Tenant Income Certification be signed no earlier than 5 days prior to the effective date of the certification. Part V—Determination of Income Eligibility Total Annual Household Income Enter the number from item(L). from all Sources Current Income Limit per Family Enter the Current Move-in Income Limit for the household size. Size Household income at move-in For recertifications,only. Enter the household income from the move-in Household size at move-in certification. On the adjacent line,enter the number of household members from the move-in certification. Household Meets Income Restriction Check the appropriate box for the income restriction that the household meets according to what is required by the set-aside(s)for the project. Current Income Limit x 140% For recertifications only. Multiply the Current Maximum Move-in Income Limit by 140%and enter the total. Below,indicate whether the household income exceeds that total. If the Gross Annual Income at recertification is greater than 140%of the current income limit,then the available unit rule must be followed. Part VI-Rent Tenant Paid Rent Enter the amount the tenant pays toward rent(not including rent assistance payments such as Section 8). Rent Assistance Enter the amount of rent assistance,if any. Tenant Income Certification 'I q f MHFAHTC 14(1/04) • • Utility Allowance Enter the utility allowance. If the owner pays all utilities,enter zero. Other non-optional charges Enter the amount of non-optional charges,such as mandatory garage rent,storage lockers,charges for services provided by the development,etc. . Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional charges. Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit. Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is required by the set-aside(s)for the project. Part VII-Student Status If all household members are full time*students,check"yes". If at least one household member is not a full time student,check"no". If"yes"is checked,the appropriate exemption must be listed in the box to the right. If none of the exemptions apply,the household is ineligible to rent the unit. • *Full time is determined by the school the student attends. Part VIII—Program Type Mark the program(s)for which this household's unit will be counted toward the property's occupancy requirements. Under each program marked,indicate the household's income status as established by this certification/recertification. If the property does not participate in the HOME,Tax-Exempt Bond,Affordable Housing Disposition,or other housing program,leave those sections blank. Tax Credit See Part V above. HOME If the property participates in the HOME program and the unit this household will occupy will count towards the HOME program set-asides,mark the appropriate box indicting the household's designation. Tax Exempt If the property participates in the Tax Exempt Bond program,mark the appropriate box indicating the household's designation. AHDP If the property participates in the Affordable Housing Disposition Program(AHDP),and this household's unit will count towards the set-aside requirements,mark the appropriate box indicting the household's designation. ' Other If the property participates in any other affordable housing program,complete the information as appropriate. SIGNATURE OF OWNER/REPRESENTATIVE It is the responsibility of the owner or the owner's representative to sign and date this document immediately following execution by the resident(s). The responsibility of documenting and determining eligibility(including completing and signing the Tenant Income Certification form) and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in tax credit compliance. These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance with federal program regulations lies with the owner of the building(s)for which the credit is allowable. • Tenant Income Certification 51 G MHFA HTC 14(1/04) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June I,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager, Contract with Administration Resources Human Resources Corporation to Act as Third Party Administrator Division/Karen Kurt for former employees with continued benefit coverage. Requested Action Move to approve contract with Administration Resources Corporation (ARC) to act as the third party administrator for former employees with continued benefit coverage. Synopsis Individuals who leave employment with the City have the option of continuing certain benefits, such as health insurance, at their own expense. This option for continued coverage is mandated by a federal law known as COBRA and under similar Minnesota statutes. Currently,the Human Resources and Finance Divisions manage continued coverage for former employees. Using a third party administrator for these types of benefits is common practice for organizations our size. It provides greater privacy, ensures compliance with applicable benefit laws, and removes the City from the role of payment collector. Human Resources and Finance staff received proposals from four vendors before selecting ARC. ARC had the lowest estimated service cost at $2000 annually. They also had a track record of working successfully with similar organizations. COBRA ADMINISTRATIVE SERVICES AGREEMENT FOR CITY OF EDEN PRAIRIE Administration Resources Corporation 11490 Xeon Street NW, Ste 200 Coon Rapids, MN 55448-3149 Telephone 763.421.5510 800.588.2020 Fax 763.421.7628 ICIu CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 (COBRA) ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement("Agreement"),effective the first day of June 2004, is by and between CITY OF EDEN PRAIRIE ("Plan Sponsor")and Administration Resources Corporation, a Minnesota corporation("Plan Supervisor"). RECITALS WHEREAS,Plan Sponsor maintains welfare benefit plans("Plans"or"Covered Entities"as defined by HIPAA privacy regulations) subject to ERISA; WHEREAS,ERISA requires that the Plans offer the ability to continue coverage after coverage would otherwise terminate under the Consolidated Omnibus Budget Reconciliation Act of 1985,as amended, (COBRA); WHEREAS,the Health Insurance Portability and Accountability Act of 1996,as amended, (HIPAA) applies to the Plans for the purpose of providing Certificates of Creditable Coverage; WHEREAS,Plan Supervisor intends to provide administrative services that assist Plan Sponsor in meeting its obligations for the Plans with regard to COBRA and HIPAA and Plan Sponsor desires to agree to use Plan Supervisor to provide such services. NOW, THEREFORE, in consideration of the premises above and of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1 DEFINITIONS 1.1. "COBRA"shall be defined herein to mean Section 4980B of the Internal Revenue Code and Section 601 et. seq. of the Employee Retirement Income Security Act of 1974, as amended(ERISA). 1.2. Terms such as"Qualified Beneficiary"and"Qualifying Event"used herein and defined in COBRA shall have the same meaning as defined in the above-stated sections applicable to COBRA. 1.3. "Code"means the Internal Revenue Code of 1986, as amended. 1.4. "ERISA"means the Employee Retirement Income Security Act of 1974, as amended. 1.5. "COPCC"means Certificate of Prior Creditable Coverage, as required by HIPAA. 1.6. "HIPAA"means Section 9801 of the Internal Revenue Code and Section 701(e) of ERISA. SECTION 2 PLAN SUPERVISOR RESPONSIBILITIES Plan Supervisor agrees to provide COBRA and state-required benefit continuation services and COBRA-related HIPAA services on behalf of Plan Sponsor according to the following terms and conditions. Specifically,Plan Supervisor shall, on behalf of Plan Sponsor,perform the following services: 2.1 Upon receiving notice from Plan Sponsor(on a form approved by the parties) of a Qualifying Event under COBRA or state continuation laws with respect to the Plans, notify all identified Qualified Beneficiaries in the manner and within the time set forth under COBRA or any applicable state statute of the Qualified Beneficiaries' right to continue their coverage. Notices, including an Election Notice,that comply with COBRA and any applicable state continuation rights law shall be mailed to the addresses set forth on the notice provided by the Plan Sponsor. This address (es) is to be the last known mailing address of each Qualified Beneficiary. 2.2 Maintain records of: (a) all Qualifying Events reported by Plan Sponsor, (b) all COBRA or state-required notices received and sent following a Qualifying Event, (c) any acceptance or rejection of coverage, (d) the applicable premium amount offered to the Qualified Beneficiary, as provided by the Plan Sponsor, (e) the length of COBRA or state-required coverages, (f) the offer of any required conversion coverage (if any), and (g) second Qualifying Events. 2.3 Maintain separate accounting for each Qualified Beneficiary's continuing coverage. 2.4 Collect premium from all continuing Qualified Beneficiaries. If a Qualified Beneficiary fails to make required premium payment(s),Plan Supervisor will be responsible for terminating coverage with appropriate carriers in accordance with applicable law and consistent with any Plan policy that has been communicated to Plan Supervisor. Premiums will be remitted to the Plan Sponsor in one of the following ways: (a) If premiums are collected payable to the Plan Supervisor,then one check will be made payable from Plan Supervisor to Plan Sponsor with a schedule of the individuals making payment and their respective amounts within 30 days of receipt by Plan Supervisor; or (b) If premiums are not payable to Plan Supervisor then all checks will be remitted directly to Plan Sponsor within 15 days of receipt by Plan Supervisor. 2.5 Issue COPCC's consistent with HIPAA to individuals whose continuation coverage is being serviced under this Agreement when such coverage ends. Such COPCC's shall include only the continuation period for which the Plan Supervisor was responsible under the terms of this Agreement. Plan Supervisor shall maintain the following records with respect to COPCC's: (a) copy of COPCC, (b) date sent, and (c) Mailing address of recipient of COPCC. 2.6 Provide the services stated herein for the Plans that Plan Sponsor is otherwise obligated to comply with federal law under COBRA. Plan Sponsor must notify Plan Supervisor in writing of all Plans it sponsors that are subject to COBRA before Plan Supervisor can be charged with administering COBRA services for such Plans. 2.7 Perform its services in compliance with all applicable federal laws, including COBRA and HIPAA,and corresponding regulations,and all applicable state laws,including state continuation laws. 2.8 Provide,upon request,to Plan Sponsor a sample COBRA Election Notice and election form, including any state continuation language required,and copies of any forms referenced in this Agreement used by Plan Supervisor. 2.9 Accept responsibility only for the ministerial and nondiscretionary services described in this Agreement and only to the extent that Plan Sponsor furnishes accurate and timely information to Plan Supervisor. Plan Supervisor does not assume Plan Sponsor's fiduciary or other responsibilities as required by ERISA or the Code for compliance with COBRA,HIPAA,and any V\r " other applicable state statutes. Plan Sponsor shall make all benefits eligibility determinations required under any of the plans covered by this Agreement. SECTION 3 PLAN SPONSOR RESPONSIBILITIES Plan Sponsor shall do the following: 3.1 Notify Plan Supervisor within the statutory time frame (currently thirty (30) days) after a Qualifying Event(including a second Qualifying Event) for federal COBRA or other time frames as required in any applicable state statutes on the form approved by the parties, and provide the name and the last known address of the employee,the nature of the Qualifying Event, the name and the last known address of all other Qualified Beneficiaries,the name of all Plans in which all Qualified Beneficiaries participated on the day before the Qualifying Event and any other information requested on the form. 3.2 Provide Initial COBRA Notices and comply with any HIPAA notification requirements, other than the issuance of the COBRA-related HIPAA certificates as described in Section 2.5 hereof,which is the responsibility of the Plan Supervisor. 3.3 Notify all Qualified Beneficiaries continuing under COBRA of any changes in benefits, and provide the continuing Qualified Beneficiaries with a Summary Plan Description,upon request and consistent with federal law(unless otherwise directed by this Agreement). 3.4 Establish and notify Plan Supervisor of the continuation premium due under each Plan in which a Qualified Beneficiary has coverage. 3.5 Notify Plan Supervisor within not more than ten(10)business days after receiving notice from the Qualified Beneficiary that he or she has been determined to be disabled by the Social Security Administration or has been determined to no longer be disabled by the Social Security Administration pursuant to Title II or XVI of the Social Security Act. 3.6 Provide Plan Supervisor with the continuation and conversion provisions of each Plan subject to this Agreement. 3.7 Provide Plan Supervisor with timely notice of plan termination, amendment, or any other event that may affect a Qualified Beneficiary's right to COBRA or the type of benefits received or the premiums due under COBRA. 3.8 Notify Plan Supervisor in writing of any inaccuracies found on or changes that need to be made to the monthly Benefit Plan report sent to Plan Sponsor by Plan Supervisor. Notice must be given to Plan Supervisor in writing within thirty (30) days of Plan Supervisor sending report or Plan Sponsor's rights to indemnification by Plan Supervisor will be forfeited. 613 3.9 Provide Plan Supervisor with such other information as Plan Supervisor may reasonably require in order to render services hereunder. SECTION 4 PLAN SUPERVISOR'S FEE 4.1 Administrative Fee. In exchange for the services rendered pursuant to this Agreement,the Plan Supervisor shall receive the amount determined in accordance with Schedule A that is attached hereto and herein incorporated by reference. Such fee rates stated on Schedule A may be subject to change by the Plan Supervisor following the notice period described in the next sentence, based in part on increased expenses and usage of services required under this Agreement or a change in federal or state law that affects the services offered under this Agreement. Such changes to Schedule A shall be given to Plan Sponsor with at least sixty (60) days notice and any changes will likewise be incorporated by reference under the terms stated on such Schedule A. 4.2 Nonpayment. If the Plan Sponsor, for any reason whatsoever, fails to make a required administrative fee payment by the due date (i.e.,within the 30 days following the invoice date),the Plan Supervisor may suspend the performance of its services until such time as the Plan Sponsor makes the proper remittance. The Plan Supervisor may charge interest to the Plan Sponsor on all past due fees at the rate of one and one-half percent(1.5%)per month, or the maximum rate allowed by law, whichever is less. 4.3 Litigation and Auditing Fees. Additional fees for services rendered by the Plan Supervisor in connection with arbitration or litigation concerning the Plans or any claim thereunder shall be paid pursuant to a separate written agreement between the Plan Sponsor and the Plan Supervisor. Unless the parties enter into such an agreement,the Plan Supervisor is not required to provide any services to the Plan Sponsor or the Plans in connection with arbitration or litigation concerning the Plans. The fees set forth on Schedule A do not include expenses for auditing the Plans, legal fees incurred by the Plan Supervisor specifically in connection with the Plans, or for other professional advisor fees for services provided to the Plan Sponsor. Plan Sponsor will be notified in advance of any additional expenses that may be required as stated in this paragraph. 4.4 Fees that are based on a per participant basis require the Plan Sponsor to provide an accurate eligibility count on a monthly basis. A participant is defined as any active or terminated participants enrolled in one or more health benefit plans subject to COBRA or State continuation requirements. A participant also includes any pending or enrolled COBRA participants. Plan Supervisor reserves the right to request from the Plan Sponsor independent verification of the eligibility count through a billing statement from an insurer of a plan sponsored by the Plan Sponsor or other documentation of eligibility by a third party. Fees may be automatically increased by an additional 25%for each month in which verification is not provided to the satisfaction of the Plan Supervisor without advance notice. SECTION 5 LIMITS OF THE PLAN SUPERVISOR'S RESPONSIBILITY AND INDEMNIFICATION 5.1 Plan Sponsor's Duty to Indemnify. Plan Sponsor shall indemnify, hold harmless, and defend Plan Supervisor and its directors,trustees, officers, employees, and agents from and against any and all claims,liabilities, losses, damages, or costs (including reasonable attorney's fees)that result from the Plan Sponsor's actions or failure to act in its administration of the Plans or failure to perform its responsibilities set forth in this Agreement or for Plan Supervisor's actions or failure to act taken at the direction of the Plan Sponsor. 5.2 Plan Supervisor's Duty to Indemnify. Plan Supervisor shall indemnify, hold harmless, and defend Plan Sponsor and its public officials, directors, trustees, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, or costs (including reasonable attorney's fees)that result from the Plan Supervisor's actions or failure to act in its administration of the Plans or failure to perform its responsibilities set forth in this Agreement or for Plan Sponsor's actions or failure to act taken at the direction of the Plan Supervisor. Plan Supervisor agrees to maintain a professional liability insurance policy with an appropriate amount of coverage. 5.3 Misconduct or Negligence. Notwithstanding the foregoing provisions of Sections 5.1 and 5.2, no party or person shall be entitled to indemnification or to be held harmless pursuant to 5.1 or 5.2 if such party or person has engaged in criminal, willful, or intentional misconduct or was negligent with respect to the matter for which the party or person is seeking indemnification or to be held harmless. 5.4 Independent Contractor. The Plan Supervisor is, and shall remain, an independent contractor with respect to the services being performed by the Plan Supervisor pursuant to this Agreement and shall not for any purpose be deemed an employee of the Plan Sponsor,nor shall the relationship of the parties be deemed to be that of partners or joint venturers. 5.5 No Guarantee of Benefits. The Plan Supervisor does not assume any responsibility,risk, liability or obligation for the general policy direction of the Plans,the adequacy of funding thereof, or any act or omission or breach of duty by parties other than Plan Supervisor. The Plan Supervisor is not and shall not be deemed a guarantor with respect to any benefits payable under the Plans. 5.6 Plan Sponsor is Plan Administrator. Plan Sponsor is the Plan Administrator within the meaning of Section 3(16)(A)of ERISA. Plan Sponsor has the sole, complete, and final discretionary authority to determine conclusively all questions concerning the administration and/or interpretation of the Plans. Plan Sponsor has authority to, and shall interpret and construe the terms of the Plans, and determine all questions of eligibility and status of employees and their dependents under the Plans. Plan Sponsor's determinations are binding on all persons, subject to the claims procedures of the Plans. 5.7 Not a Fiduciary. The Plan Supervisor is not a fiduciary to the Plans. Notwithstanding anything in the Agreement to the contrary,any delegation of authority or duties pursuant to this Agreement construed by a court of law or governmental agency to make the Plan Supervisor a fiduciary shall be null and void, and such duties are hereby retained by the Plan Sponsor. SECTION 6 RECORDS During the term of this Agreement,the Plan Supervisor shall maintain the records and files in conjunction with the administrative services to be performed by Plan Supervisor hereunder and consistent with the federal record retention requirements. All records and files generated are, and will remain,the property of the Plan Supervisor. Upon termination of this Agreement and upon execution of a waiver(on a form acceptable to Plan Supervisor) of Plan Supervisor's responsibility by the Plan Sponsor, all records and files in the Plan Supervisor's possession will be returned to the Plan Sponsor and Plan Sponsor will be solely responsible for retention of such records and files. The term"records and files" shall include the COBRA notification packets, election forms, and payment history records. SECTION 7 TERMINATION 7.1 Sixty-Day Notice. This Agreement shall continue indefinitely until either party shall give the other party not less than sixty(60) days advance written notice of its intent to terminate. 7.2 Bankruptcy and Insolvency_. Either party may terminate this Agreement immediately in the event that the other party files for bankruptcy, or becomes insolvent such that such other parties liabilities exceed its assets and such other party is unable to meet its ongoing obligations. SECTION 8 MISCELLANEOUS PROVISIONS 8.1 Severability. If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision,and this Agreement shall be construed and enforced as if such provision had not been included. 8.2 Amendment. This Agreement may be amended by Plan Sponsor and Plan Supervisor at any time by mutual written consent of both parties,provided, however,that this Agreement may not be amended to reduce any payments owed to Plan Supervisor or benefits owed to participants of a Plan for which Plan Sponsor would otherwise be responsible prior to the amendment. 8.3 Entire Agreement. This Agreement is the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior contracts, representations,understandings,memoranda and other communications between the parties. 8.4 Governing Law; Jurisdiction. This Agreement will be construed as to both validity and performance and governed by and enforced in accordance with the laws of the State of Minnesota. Any legal action relating to this Agreement must be brought in a court located in the State of Minnesota. 8.5 Waiver. Unless otherwise stated in the Agreement, failure to enforce any provision of this Agreement does not affect the rights of the parties to enforce such provision in another circumstance. Neither does it affect the rights of the parties to enforce any other provision of this Agreement at any time. IN WITNESS WHEREOF, Plan Sponsor and Plan Supervisor have executed this Agreement effective the date stated in the first paragraph of this Agreement. In signing below,the Plan Sponsor acknowledges receipt,understanding, and approval of the Agreement and the attached Schedules A, Schedule B and Schedule C. PLAN SPONSOR PLAN SUPERVISOR CITY OF EDEN PRAIRIE ADMINISTRATION RESOURCES CORPORATION By: By: Its: MAYOR Its: Date: Date: By: Its: CITY MANAGER Date: With regard to Schedule B Only: REPRESENTATIVE OF THE PLAN FOR PRIVACY PURPOSES By: Plan Representative CI I- SCHEDULE C Municipal Contract Provisions Unless excluded by the applicable law the following provisions shall apply to this contract: 1. Definitions. The following definitions apply to this Appendix. 1.1 "Plan Sponsor" means the City of Eden Prairie. 1.2 "Plan Supervisor" means Administration Resources Corporation. 1.3 "Contract" means the COBRA Administrative Service Agreement For City of Eden Prairie between Plan Sponsor and Plan Supervisor to which this Schedule C is attached. 2. Data Practices Act. The Plan Supervisor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. ' 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Plan Supervisor. 3. Audits. The books, records, documents, and accounting procedures and practices of the Plan Supervisor or other parties relevant to this agreement are subject to examination by the Plan Administrator and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 4. THIS SECTION INTENTIONALLY LEFT BLANK 5. Worker's Compensation. Plan Supervisor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Plan Administrator prior to execution of this agreement is current and in force and effect. 6. Discrimination. In performance of this contract, the Plan Supervisor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of 5 the Plan Supervisor, any subcontractor of the Plan Supervisor, or any applicant for employment. The Plan Supervisor shall include a similar provision in all contracts with subcontractors to this contract. The Plan Supervisor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. ' 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 7. Conflicts. No salaried officer or employee of the Plan Administrator and no member of the Board of the Plan Administrator shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 8. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 9. Plan Supervisor's Prompt Payment of Subcontractors. The Plan Supervisor shall pay to any subcontractor within ten (10) days of the Plan Supervisor's receipt of payment from the Plan Administrator for undisputed services provided by the subcontractor. The Plan Supervisor shall pay interest of one and a half percent (1/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Plan Supervisor shall pay the actual amount due to the subcontractor. 10. Limitation of Remedies Neither party shall not be entitled to recover punitive damages in the event of a breach of the Contract. / c 1, CITY COUNCIL AGENDA DATE: June 1, 2004 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Lt. Gary Therkelsen. Access Agreement-Minnesota Repository of Police/Support Operations Arrest Photos Requested Action: Move To: Approve Minnesota Repository of Arrest Photos Access Agreement between the City and the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension. Synopsis: The Minnesota Repository of Arrest Photos is a database of arrest and booking photographs submitted by various Minnesota law enforcement agencies. This agreement will allow the Eden Prairie police department to utilize the repository for law enforcement purposes. These purposes include the creation of lineups for witness viewing sessions and to enroll unidentified persons into the facial recognition component in an attempt to obtain the identity of the persons. Background: The Minnesota legislature has required the Bureau of Criminal Apprehension to create the Minnesota Respository of Arrest Photos to aid in the identificaiton and apprehension of criminal offenders. Local agencies may access the information if an agreement is exectured which defines the oblications and requirements placed on the using agency. The agreement deals with system and information security requirments and management controls of the system. The agreement has been reviewed by the City Attorney for form and legality. Attachments: Agreement(2 originals) STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY MINNESOTA REPOSITORY OF ARREST PHOTOS ACCESS AGREEMENT# According to Minnesota Statute 471.59.,Subd. 10,this Joint Powers Agreement is entered into on by and between the State of Minnesota,acting through its Commissioner of Public Safety,Bureau of Criminal Apprehension,Criminal Justice Information System Section, ("DPS")and the City of Eden Prairie,Police Department, 8080 Mitchell Road,Eden Prairie,Minnesota 55344,a Minnesota Criminal Justice Agency as defined in Minnesota Statute,Chapter 299C.46,Subdivision 2,("Agency"). This agreement details the obligations and requirements placed on the Agency that is connected to the State's Criminal Justice Data Communication Network and who will have access to the Minnesota Repository of Arrest Photos ("MRAP")or may acquire MRAP information through a third party who has direct access to the MRAP through the Criminal Justice Data Communication Network. The DPS is the organization set forth by Minnesota Statute as being responsible for the administration and operation of the State's MRAP. I) With respect to MRAP information and related information as maintained and/or provided by DPS,it is agreed that: A) DPS will furnish to an Agency,via a web interface,such information as is available from the MRAP. No Agency will furnish to a non-criminal justice entity any information from the MRAP. Non-criminal justice entities must be referred to the originating agency for dissemination of information contained in the MRAP. B) The DPS reserves the right to suspend furnishing MRAP information to an Agency when any rule,policy,or procedure has been or appears to have been violated. DPS may reinstate the furnishing of MRAP information upon receipt of satisfactory assurances that such violation did not occur or has been corrected. C) Reports and other hard copy products containing MRAP information are to be outputted only on printers within the Agency. All MRAP output documents must be transported,handled,and stored only by Authorized Employees. The Agency is responsible for the correct and legal dissemination and use of all data and records it receives. D) All transactions with the MRAP will be logged by DPS.DPS will maintain these logs for at least one year from the date of the transaction. E) An individual's right to review and challenge of his/her own record is an integral part of the system.Appropri- ate identification,including fingerprinting,of the individual may be required before any MRAP information can be disseminated to the individual. The originating agency may verify fingerprints associated with the record on file are those of the individual to verify he/she is who they purport to be. II) PERSONNEL: A) The Agency will make criminal history checks on all Agency employees that will have access to MRAP information. An Agency employee who is not cleared must not have access to the MRAP information,only Authorized Employees will have access to MRAP information. B) All personnel who have access to any of the interconnect equipment must be screened under the authority and supervision of the criminal justice agency. This screening will also apply to all maintenance personnel, contract technical personnel,and all other individuals having unescorted access to any of the interconnected equipment. C) The criminal justice agency may promulgate policies and procedures directed toward protection,security and dissemination of the data. Pag of 5 /0/ D) In the event of an emergency related to an individual's health or well being,those persons answering the emergency call must be accompanied by an Authorized Employee if the event is located in an area where security of the Criminal Justice Data Communication Network and its associated data system could be compromised. E) Casual visitors or those on tour of the Agency in areas where the equipment is located must be escorted by an Authorized Employee responsible for their presence at all times. F) The Agency agrees to initiate,at the request of State,disciplinary action up to and including termination of personnel having access to MRAP systems where such persons violate the provisions of this agreement or other security requirements established for the collection,storage,or dissemination of MRAP information. The Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. G) Personnel assigned by the Agency receiving MRAP information will be provided system training by the DPS. Training may be in the form of a formal class,computer based training or self-study guide. H) DPS will provide documentation and/or manuals on the correct use of the MRAP for users. The Agency must disseminate the documentation or manuals to all of their employees who utilize the MRAP. This documentation and/or manuals are to be maintained in a secure manner by the Agency. III) EQUIPMENT A) Only terminals,printers,computers,and associated equipment approved by DPS may be connected to the Criminal Justice Data Communication Network(CJDN)by the Agency. (Note:this does not include terminal equipment on the agency's end of their computers.) B) No equipment,including terminals and printers on the Agency's end of their computers,may be added to the CJDN without the express permission of DPS. IV) DATA/INFORMATION: A) The accesses the Agency will be allowed will be determined by DPS and the Agency. The Agency may request additional accesses. The Agency agrees that the decision of DPS as to what information will be made available to the Agency is fmal. B) If the Agency enters data and information into the MRAP,the Agency will have sole responsibility for the accuracy,completeness and timeliness of it. C) Data and information that the Agency receives from the MRAP must be verified with the originating agency before acting upon it. D) The Agency must abide by the Minnesota Data Practices Act and applicable Federal Statutes in their access, use,storage and dissemination of all data and information entered into or received from the MRAP. V) COSTS: A) Network communication line costs fall under the CJDN Access Agreement. B) All maintenance costs for Agency owned equipment is the responsibility of the Agency. VI) ADDITIONAL TERMS: A) All electronic equipment that is interconnected to the Criminal Justice Data Communications Network must have adequate physical security to protect against any unauthorized personnel gaining access to the computer Page 2 f 5 /00), equipment or to any of the stored data. This includes equipment provided by DPS,the Agency,or acquired from any other source. Failure by the Agency to provide adequate security will warrant the removal of the equipment from accessing the MRAP and DPS'CJDN network. B) All rooms containing interconnected equipment must remain locked from exterior entry at all times. C) Tampering with,or attempting to compromise security is to be regarded as a serious offense that will result in disciplinary action being taken by the Agency. D) Without the express written approval of the DPS to the contrary,all the hardware between the DPS'CPU and the user's equipment must be dedicated to criminal justice operations and cannot be shared or used for other purposes. E) There can be no"dial-in" lines into the Agency's Multiple Access Computer unless that access conforms to the DPS' Security Policy as outlined in the CJDN Access Agreement. F) Changes to this agreement may be introduced by either the DPS or the Agency. The modifications will not become effective until an addendum to this agreement or amendment to this agreement is fully executed. G) This agreement will become effective on ,or upon the date that the final required signature is obtained by the DPS,pursuant to Minn.Stat. § 16C.05,Subdivision 2,whichever occurs later, and shall remain in effect until ,or until all obligations set forth in this agreement have been satisfactorily fulfilled or the agreement has been canceled,whichever happens first. H) Both DPS and the Agency may,upon 90 days written notice,terminate this agreement. I) The cost of all facilities,devices or equipment set forth in this agreement which contributes to the security and safety of the CJIS System within the Agency is the responsibility of the Agency. J) The Agency agrees that designated DPS employees will have the authority to audit,monitor,and inspect all procedures and facilities established pursuant to this agreement. This will include DPS'right to attempt to breach Agency's security as it relates to the provisions of this agreement. K) The Agency shall indemnify,save and hold the DPS,its representatives and employees harmless from any and all claims or causes of action,including all attorneys'fees incurred by the DPS,arising from the performance of this agreement by the Agency or Agency's employees,agents,or subcontractors. This clause shall not be construed to bar any legal remedies the Agency may have for the DPS'failure to fulfill its obligations pursuant to this agreement. The Agency's liability for all claims or causes of action arising from the performance of this agreement shall be governed by the provisions and limits set forth in the Municipal Tort Claims Act,Minnesota Statutes,Section 466.01-466.15 and other applicable law. L) The DPS and the Agency will abide by all present and future rules,policies,and procedures adopted by the DPS or the NLETS Board of Directors,or as approved by the FBI-NCIC Policy Board and adopted by FBI- NCIC. DPS will propose no changes in the rules,policies,and procedures adopted by it without notice to all agencies and provision of a 30 day period in which an agency can submit written comments to the DPS. M) An Agency that provides MRAP access and/or services to another agency must have a written agreement with that agency. The Agency must provide a copy of the agreement and any amendments to DPS. This does not prohibit the Agency from providing information,on a onetime basis per case,to another Law Enforcement Agency who is conducting an investigation in the Agencyg jurisdiction. N) The books,records,documents and accounting procedures and practices of the Agency and its employees, agents or subcontractors relevant to this agreement shall be made available and subject to examination by the DPS,including the contracting Agency/Division,Legislative Auditor,and State Auditor for a minimum period of six years from the end of this agreement. Pag/3 of 5 //. VII)MANAGEMENT CONTROL: If the Agency does not own and/or operate their own equipment,they must have a Management Control Agreement with the entity providing the service which at a minimum must includes the following: A) The ability of the Criminal Justice Agency to set and enforce priorities for the system usage,which includes the Criminal Justice Data Communication Network functions having the highest priority on the system. B) The Criminal Justice Agency will have the right to screen and reject for employment in areas where the equipment is located or the system is maintained,all persons who do not meet the security screening requirements. C) The entity providing service to the Criminal Justice Agency will agree to and abide by all the requirements of the MRAP Access Agreement and all of its amendments and successors. VIII) DEFINITIONS: A) Authorized Employee. An employee who has been granted clearance by the Agency thereby allowing access to MRAP information. The Agency in granting the clearance must have done a criminal history check on the employee. B) Criminal Justice Agency. This will have the same meaning as contained in Minnesota Statute,Chapter 299C.46,Subdivision 2,or subsequent State law or regulations which may supersede Minnesota Statute, Chapter 299C.46,Subdivision 2. C) MRAP information. The digital images and corresponding data elements transmitted to the MRAP database. D) Criminal Justice Data Communication Network. The network,including the equipment,circuits,facilities, procedures,agreements,and organizations thereof,for the collection,processing,preservation,or dissemination of criminal justice information,and may include related systems that directly contribute to the criminal justice information system. E) Authorized Access Device. A device in a user agency which,by virtue of a signed contract with Department of Public Safety,is allowed access to the criminal justice information systems. F) Casual Visitors. Persons who have irregular access to the Data Center. G) Computer Center. The specific location(s)of all computers and associated equipment including terminals and printers upon which criminal justice information is processed. H) Data Center. The total physical space(s),inclusive of the computer center,where criminal justice information systems are developed,maintained,or operated. I) Management Control. The authority to set and enforce standards for the selection and termination of personnel,and for policy governing the operation of computers,telecommunications devices,and circuits used to process criminal justice information insofar as the equipment is used to process,store,or transmit the information. Management control includes the supervision of the systems design,programming,and operating procedures for the development,modification,maintenance,and processing of computerized criminal justice information either as a function by itself or with other non-criminal justice applications. J) Multiple Access Computer. An electronic device that has multiple input and/or output units such as terminal and printers,or is attached to or part of a network that has multiple devices or computers on it. This does not include stand alone micro computers. NCIC(National Crime Information Center). A division of the Federal Bureau of Investigation of the U.S. Department of Justice which maintains a nationwide computerized information system established as a service to all criminal justice agencies-local,state,and federal. NCIC's main purpose is to assist the criminal justice Page 4 y organizations in performing their duties by providing a computerized filing system of accurate and timely documented information,readily available to each criminal justice organization. L) NLETS(National Law Enforcement Telecommunications System). NLETS is an incorporated,non-profit organization whose purpose is to provide a nationwide criminal justice data communications system. M) Permanent Visitors. Persons having regular access to the Data Center but who are not Authorized Employees. This term shall include contract and vendor personnel who have access to the Data Center. IX) ACKNOWLEDGMENT: As the individual responsible for the Agency,I hereby acknowledge the responsibilities and duties as set forth in this agreement as well as those documents incorporated by reference. I acknowledge that these responsibilities and duties were developed and implemented to ensure the reliability,confidentiality,accuracy,timeliness and completeness of MRAP information. I further acknowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions including the termination of access to MRAP information. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY AGENCY certifies that the appropriate person(s)have executed (with delegated authority) this agreement on behalf of the AGENCY as required by applicable articles, bylaws, resolutions, or ordinances. By: By: Title: Mayor Title: Executive Director CJIS and CriMNet Date: Date By: Title: City Manager Date 4.ATTORNEY GENERAL 3. DEPARTMENT OF ADMINISTRATION Approved to sign on behalf of the attorney general as to form and execution: By: By: Date: Date: Page 05 /05 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 1,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. OCM/Human Resources Direct Staff to not Waive the Monetary Wayne Estenson,Manager of Limits on Tort Liability Established by rn . Support Services Minnesota Statutes 466.04 Scott Neal,City Manager Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City choose not to waive. Attachments /06 I r/A J.A. PRICE AGENCY, INC. 6640 SHADY OAK ROAD•SUITE 500•EDEN PRAIRIE,MN 55344-6176•TEL:952-944-8790•FAX:952-944-0097 www.japrice.com June 17,2004 City of Eden Prairie City Council Re: Statutory Municipal Tort Liability Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits,an individual claimant would be able to recover no more that$300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants. This limit is currently at$3,000,000 per occurrence and$3,000,000 annual aggregate. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The City of Eden Prairie has decided in the past to not waive the monetary limits on municipal tort liability. Attached is a copy of the Minnesota State Statute pertaining to municipal tort liability. This decision must be made by the city council. The attached form must be completed and signed by a representative of the city. The additional premium cost associated with a waiver of the monetary limits is as follows: General Liability 3.5%of total premium Automobile Liability 3.5%of total premium Umbrella 3.5%of total premium BUSINESS& PERSONAL INSURANCE SPECIALISTS /07_ Based on your current program,this would entail an additional premium of approximately$9,500. This figure is subject to renewal rating for the 2004-05 policy term. If you would like additional information or wish to discuss in more detail,please give me a call. Regards, Mark Kiesow, CPCU Vice President cc: Wayne Estenson, Risk Manager /C3" Minnesota State Statutes Tort Liability,Political Subdivisions 466.01 Definitions. Subdivision 1.Municipality.For the purposes of sections 466.01 to 466.15, "municipality" means any city,whether organized under home rule charter or otherwise,any county,town,public authority,public corporation,nonprofit firefighting corporation that has associated with it a relief association as defined in section 424A.001,subdivision 4,special district,school district,however organized,county agricultural society organized pursuant to chapter 38,joint powers board or organization created under section 471.59 or other statute,public library,regional public library system,multicounty multitype library system,the following local collaboratives whose plans have been approved by the children's cabinet:family services collaboratives established under section 124D.23,children's mental health collaboratives established under sections 245.491 to 245.496,or a collaborative established by the merger of a children's mental health collaborative and a family services collaborative,other political subdivision,or community action agency. 466.02 Tort liability. Subject to the limitations of sections 466.01 to 466.15,every municipality is subject to liability for its torts and those of its officers,employees and agents acting within the scope of their employment or duties whether arising out of a governmental or proprietary function. 466.03 Exceptions. Subdivision 1. Scope.Section 466.02 does not apply to any claim enumerated in this section.As to any such claim every municipality shall be liable only in accordance with the applicable statute and where there is no such statute,every municipality shall be immune from liability. Subd.2.Repealed, 1987 c 346 s 18 Subd.3.Tax claims.Any claim in connection with the assessment and collection of taxes. Subd.4.Accumulations of snow and ice.(a)Any claim based on snow or ice conditions on any highway or public sidewalk that does not abut a publicly owned building or publicly owned parking lot,except when the condition is affirmatively caused by the negligent acts of the municipality.(b)Notwithstanding paragraph(a),a municipality that owns or leases a building or parking lot in another municipality is not immune from a claim based on snow or ice conditions on a public sidewalk abutting the building or parking lot,but the other municipality is immune,except when the condition is affirmatively caused by its own negligent acts. Subd. 5.Execution of statute.Any claim based upon an act or omission of an officer or employee,exercising due care,in the execution of a valid or invalid statute,charter,ordinance,resolution, or rule. Subd. 6.Discretionary acts.Any claim based upon the performance or the failure to exercise or perform a discretionary function or duty,whether or not the discretion is abused. 466.04 Maximum liability. Subdivision 1.Limits;punitive damages.(a)Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed: (1)$300,000 when the claim is one for death by wrongful act or omission and$300,000 to any claimant in any other case;(2)$750,000 for any number of claims arising out of a single occurrence,for claims arising on or after January 1, 1998,and before January 1,2000;(3) $1,000,000 for any number of claims arising out of a single occurrence,for claims arising on or after January 1, 2000;or(4)twice the limits provided in clauses(1)to(3)when the claim arises out of the release or threatened release of a hazardous substance,whether the claim is brought under sections 115B.01 to 115B.15 or under any other law. (b)No award for damages on any such claim shall include punitive damages. Subd. la.Officers and employees.The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits set forth in subdivision 1,unless the officer or employee provides professional services and also is employed in the profession for compensation by a person or persons other than the municipality. Subd. lb.Total claim.The total liability of the municipality on a claim against it and against its officers or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1. Subd.2.Inclusions.The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort. Subd.3.Disposition of multiple claims.Where the amount awarded to or settled upon multiple claimants exceeds the applicable limit under subdivision 1,paragraph(a),clauses(2)to(4),any party may apply to any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1.The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to each bears to the aggregate awards and settlements for all claims arising out of the occurrence. /o LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE-WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than$300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to$1,000,000.on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to$1,000,000., regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply.are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of$ from the League of Minnesota Cities Insurance Trust(LMCIT). Check one: ® The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 • LMCIT(11/00)(Rev.11iO3) //O Page 1 of 1 CITY COUNCIL AGENDA DATE: June 1,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.: Engineering Award Contract for Right Turn Lane and Trail Rodney W. Rue Construction at Anderson Lakes Parkway and , Eugene A. Dietz Franlo Road Requested Action Move to: Award contract for right turn lane and trail construction at Anderson Lakes Parkway and Franlo Road to Bituminous Roadway, Inc. in the amount of $32,950. Synopsis Three lump sum quotes were received for this work. The lowest quote was from Bituminous Roadways, Inc. for $32,950. The other quotes were from DMJ Corporation for $38,205 and from Midwest Asphalt Corporation for $47,500. The lowest quote is about 10% over the Engineer's Estimate of$30,000. However, based on the need to construct the right turn lane on Franlo Road before CSAH 1 (Pioneer Trail) is closed at the TH 169 intersection, staff would recommend proceeding with this project. The project is financed through the Capital Improvement Program. Background Information This project was planned to include trail improvements on the south side of Anderson Lakes Parkway from the trail terminus (east of Franlo Road) to Neill Lake Road as well as a right turn lane on Franlo Road at Anderson Lakes Parkway. However, due to an easement acquisition issue west of Franlo Road, the project is "down-sized" to construct only the trail improvements east of Franlo Road at this time. In addition, the right turn lane is included due to the need to construct this turn lane on Franlo Road at Anderson Lakes Parkway prior to the closure of Pioneer Trail (CSAH 1) at TH 169 on or about July 1, 2004. The balance of the project (trail improvements from Franlo Road to Neill Lake Road) will likely be constructed later this year. 1I ( CITY COUNCIL AGENDA DATE: June 1, 2004 SECTION: Public Hearing DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 04-07 ITEM NO.: Engineering Vacation of Drainage and Utility ff�� Dave Olson Easements over part of Hennepin Village .1 . (Published 05/13/04; Sent to property owner) Requested Action Move to: 1. Close the public hearing; and 2. Adopt the resolution vacating the drainage and utility easements over part of Hennepin Village. Synopsis The property owner has requested this vacation to correct an error in the description provided for a previous vacation (VAC. 03-09, Resolution 2004-21). A triplex unit, to be constructed on Lots 11-13, Block 3, was errantly indicated on Lots 13-15, resulting in the vacation of a needed easement and the retainage of an easement that should have been vacated. This request will remove the easement on the common line of Lots 12 and 13. The property owner has agreed to provide a document to establish a replacement easement on the common line of Lot s 13 and 14. This document will be recorded concurrently with recording this vacation. Attachments Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF HENNEPIN VILLAGE VACATION 04-07 WHEREAS,the City of Eden Prairie has certain drainage and utility easements described as follows: The north 4.00 feet of Lot 12 and the south 4.00 feet of Lot 13 all in Block 3, Hennepin Village, according to the recorded plat thereof, Hennepin County, Minnesota except the west 8.00 feet and the east 8.00 feet thereof. WHEREAS, a public hearing was held on June 1, 2004, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on June 1, 2004. 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I si,.. - li.s. curL. _ The Pemtom Land Company • Hermepirt Village Ed.Pralrie,)....... Sim hslrl,1.111o.nis Proposed Land Use Plan Revised Village S.P. VAC. 04-07 REQUEST DRAWING .iennepin Village-Summit Oaks — — Existing Easement Sketch y s -1— ----7 ,----- 7 _ PROSPECT ROAD I _ _ Drainage & Utility Easement 22 • Over.All of Lot 22 NORTH___ _ _ _Ha N t 15 16 • I EASEMENT TO BE ESTABLISHED 14 — _ 2li. .„ — — — 1i L__ 1 EASEMENT TO BE VACATED w 13 1 I h \/ 3 • r 1 ... . i 19---*\ \ i.\--7 7-17* .• l 4 A 12 C i L _1 7 ._. 0 . a __ ___ _ _ — --� o p 20 - --� 1 a 11 I . . � . 5 .. IL__ ____ __ ____ __J . ' [. I ' r • r___ _ ___ ___, I 21 ' t -- -- 1 (11 ITI (1T I— VV I L_V 1 L. 9 0 Oo 1 I a I ._ 7 —_ J ,a if . . P R'O I�--- ---, I Q 8 Art1 1 I . _ rta h 2 N v WW c I 1 U T1 rt ---I ---� m 3 O —L ] a rt l 2 I c3 5- I . L-- __I )I5 _ L. ---� - 1 I n CITY COUNCIL AGENDA DATE: June 1,2004 SECTION: Public Hearings DEPARTMENT/DIVISION: Public Works ITEM DESCRIPTION: (00-5515) ITEM NO.: Leslie Stovring Part II Wellhead Protection Plan . Eugene Dietz Requested Action Move to: • Close the public hearing; and • approve the final draft of the"City of Eden Prairie Wellhead Protection Plan" Synopsis The WHPP is intended to provide the City with a comprehensive plan to provide us with the basis to protect our wellhead area from contamination while meeting the requirements of the Federal Safe Drinking Water Act and the Minnesota Groundwater Protection Act. The act provides that an opportunity be given to the public to provide input into the final plan. The City currently operates a total of 13 groundwater wells. One well was removed for construction of Highway 312. After closure of the public comment period,the Wellhead Protection Plan will be brought to Council for final approval and adoption. Community Planning Board Recommendation The Community Planning Board voted 5 to 0 to recommend approval of the Part II Wellhead Protection Plan at the May 10,2004 meeting. Background Information Wellhead Protection Purpose City wells are presumed to be vulnerable to surficial activities and potential contaminants due to tritium identified within the groundwater by the MDH. Tritium is a radioactive isotope that is used to date groundwater. Tritium began showing up in the air in the 1950's and 1960's after radioactive testing at that time. The presence of tritium indicates that the city's groundwater is relatively young, which in turn makes it more vulnerable to surface activities. This means that activities on the surface can potentially impact the groundwater within a relatively short reaction time and must be managed. The Minnesota Department of Health(MDH)has been designated as the lead agency for developing the State's Wellhead Protection Program. Part I Wellhead Protection Plan Part I of the WHPP included delineation of the Wellhead Protection Area(WHPA)and the Drinking 1/6 Part II-Wellhead Protection Plan June 1,2004 Page 2 of 4 Water Supply Management Area(DWSMA). The Emergency Management Zone,or EMZ,was also developed and represents a subset of the wellhead protection area that includes a one-year time of travel for groundwater. This area is the most critical area to manage in terms of protection for the city's wells. Part I was approved by the Minnesota Department of Health(MDH) on March 18, 2003. Part II Wellhead Protection Plan The Part II Wellhead Protection Management Plan(WPMA)includes evaluation of items such as the following. • Potential sources of contamination to the DWSMA as well as the degrees of risk of land uses within this area. • Source-management controls to control the risk and/or potential contaminant sources to minimize impacts to the DWSMA. This could include evaluating measures to limit development activities or change zoning regulations within the Emergency Management Zone. • Monitoring or educational tools to evaluate the effectiveness of the source management controls. • Contingency measures to address potential interruption of public water supply if contaminants are identified within the DWSMA. • Requirements for management of areas within our DWSMA and WHPA which extend into the City of Minnetonka. No High Vulnerability areas were identified within the Emergency Management Zone(EMZ). The area was rated as low to moderately vulnerable as there is either bedrock or glacial till (or both) overlying this area. Highly vulnerable areas have little or no cover for protection. There are three areas rated as High Vulnerability within the City's DWSMA. No known release sites (for example dumps,leaking underground storage tanks,voluntary investigation and cleanup sites, Toxic Release sites or national discharge sites)were identified within theses areas. However,three septic systems and a small number of private wells were identified within the High Priority Areas. These systems will need to be addressed as they are within areas that are highly vulnerable for transmitting contaminants to the City's groundwater system. Attachments Minutes of the Community Planning Board for May 10, 2004 117 APPROVED MINUTES OF THE EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,MAY 10,2004 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS PRESENT: Ken Brooks,Larry Kacher, Kathy Nelson, Peter Rocheford, Fred Seymour,Jon Stoltz, William Sutherland, Ray Stoelting,Vicki Koenig STAFF MEMBERS: Michael Franzen, City Planner Alan Gray, City Engineer Stu Fox, Manager of Parks and Natural Resources VI. PUBLIC HEARINGS B. PART II WELLHEAD PROTECTION PLAN—City of Eden Prairie Leslie Stovring, Environmental Coordinator, City of Eden Prairie, presented the Wellhead Protection Plan (WHPP). Leslie explained that the WHPP is intended to provide the City with a comprehensive plan to provide the City with the basis to protect our wellhead area from contamination while meeting the requirements of the Federal Safe Drinking Water Act and the Minnesota Groundwater Protection Act. The City current operates a total of 13 groundwater wells. One well was removed for construction of Highway 312. City wells were found to be vulnerable to surficial activities and potential contaminants due to tritium identified within the groundwater by the Minnesota Department of Health(MDH). Tritium is a radioactive isotope that is used to date groundwater. The presence of tritium means that the City's groundwater is relatively young, which in turn makes it more vulnerable to surface activities. MDH is the lead agency for developing the State's Wellhead Protection Program which includes overseeing the development of WHPP's in individual cities. Through visual representation, Stovring explained the locations of the Wellhead Protection Area (WHPA), the Drinking Water Supply Management Area (DWSMA), and the Emergency Management Zone(EMZ). The EMZ represents a one-year time travel for groundwater. This area is the most critical area to manage in terms of protection for the City's wells. Part II of the Wellhead Protection Management Plan includes evaluation of items such as: Potential sources of contamination to the DWSMA as well as the degrees of risk of land uses within this area; Source-management controls to control the risk and/or potential contaminant sources to minimize impacts to the DWSMA (this could include evaluating measure to limit development activities or change zoning regulations with the EMZ;Monitoring or educational tools to evaluate the effectiveness of the source management controls; Contingency measures to address potential III interruption of public water supply if contaminants are identified with the DWSMA;Requirements for management of three existing septic systems within High Priority Areas of the Wellhead Protection Area that may impact the groundwater areas,without the DWSMA and WHPA which extend into the City of Minnetonka. Stovring said that yearly WHPP reports would be submitted to the Planning Board and City Council. Stovring explained that WHPP would also be part of the development review process. Nelson expressed her concern that something is done about the septic systems that are high risk to the groundwater. Nelson suggested that these residents connect to City sewer and water. Stowing said that the Inspections Division is looking at updating the septic ordinance to address these issues. Stoelting said that the Wellhead Protection Plan is an identification of problems or risks. It is an inventory to assess the greatest risks. Stoelting suggested an ordinance to address or change the problems areas identified by the Wellhead Protection Plan. Rocheford said it seems that the septic system issue is a decision that the City Council must make. Gray said that there is a legal requirement especially in regard to the septic system issue. Addressing the issues of old septic systems and unused wells are of high importance and City staff will be working to resolve these issues. MOTION by Seymour,seconded by Nelson to close the public hearing. Motion carried 5-0. MOTION by Seymour,seconded by Nelson to approve the Part II Wellhead Protection Plan. Motion carried 5-0. / Wellhead Protection Plan (WHPP) 1 I GOAL Wellhead Protection Plan Prevent contaminants that may have an - _} adverse effect on • human health from City of Eden Prairie • entering the City's ;.- drinking water supply '4,i J ,SurnriA 0 • -a} i Cnwb.a,�.. 1 • :+I . Tnthie • WHPP - Tasks - City Wells • • Delineate the Drinking Water Supply • Currently 13 wells (CW-1 through CW-14) Management Area (DWSMA) and • Prairie du Chien —Jordan bedrock aquifer Emergency Management Zone (EMZ) • Tritium found in four of the City wells by • Assess vulnerability of water supply Minnesota Dept. of Health • Identify potential sources of contamination •Tritium shows that our aquifer has • Evaluate measures needed to provide recharged since 1953, indicating relatively wellhead protection for our wells young well water. • • Considered more susceptible to surface • Contingency planning activities •• . } • • City Water Usage Wellhead Protection Area 1975 181,708,000 t"ti 1:? . . i• r ,, 1980 736,471,000 R:'_" ,., j,. 14 y OPP 1985 1,249,292,000 5:" -A,`,,,`,,,,,..!', :.t':"::,'1•:*:4.:11-1t1..bT.i 1;441.15,*., A.,14'.-'3`:4). `' 1990 1,819,685,000 '; ...k^t„ ;' 40‘ ' ff"„'c� ; 1995 2,266,144,000 : SL x, " ; 2000 2,884,726,000 S, ' ° •�* i1^®;A° << `; }`R,I`E L 'iM 2003 3,175,335,000 •.� 1 ¢ ` , „ t • DWSMA ) Vulnerability Assessment • yy,,,, ,.,%y.r,Y,'' i ''}1 .1 f '4 I y +:r;+- rt�' c,;:. i'r+'.} n, v p4;" .f' +,, :�+ t'..? ?�;1!..�r'':x i;f•�;;�ti {j;(:'i, .�}'4,g,,, .r: .f:, y, ` '4.'no f4.• 0••111C.Ø5tqi 'y' R'.:,pi"4.tiK'..rI. rx,.:{�'.< t f :'i,:•;tY•-T.,? t 3 1`iJp.i: t> r .�.•�c.� �i f4 #Zt a ?�"•'.. 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'.*fir kes:arI. 1_:a.LT.i;:.L.--.'ra\44..g. *A!-0,�r . , ,.h GOALS Land Use Objectives ) • Identify unsealed, unknown or unused wells Three broad categories: • Inventory and manage potential • Land Use contaminant sources such as tanks and septic systems. • Public Education • Establish UST installation guidelines • Monitoring and Data Collection • Identify and map dry (Class V) wells • Develop local administrative process to evaluate impacts of new high-capacity wells • and evaluate zoning measures to control installation as needed • 3 Public Education & Information Monitoring & Data Collection • Continue and expand public education • Review City of Minnetonka Source programs. Add new education media for Water Protection Goals wellhead protection • Raise well owner awareness • Establish monitoring program for water bodies in High Priority Areas • Monitor land use changes for potential impact on the aquifer Questions? 4 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 1, 2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Finance Payment of Claims Sue Kotchevar Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 130099- 130638 Wire Transfers 2005 —2024 Background Information Attachments Jao City of Eden Prairie Council Check Summary 6/1/2004 Division Amount General 63,580 100 City Manager 93 101 Legislative 703 102 Legal Counsel 6,228 104 Contingency 20 110 City Clerk 15,002 111 Customer Service 33,167 112 Human Resources 6,083 115 Risk Management 1,834 116 Facilities 20,153 117 City Center 14,328 130 Assessing 2,264 131 Finance 30 132 Social Services 6,869 133 Community Development 443 135 Information Technology 28,856 136 Wireless Communication 30,498 137 Economic Development 269 150 Park Administration 812 151 Park Maintenance 24,099 153 Athletic Programs 5,241 154 Community Center 40,732 156 Youth Programs 781 157 Special Events 1,475 158 Senior Center 1,955 159 Recreation Administration 991 160 Therapeutic Recreation 194 161 Oak Point Pool 5,747 162 Arts 50 163 Park Facilities 1,385 180 Police 19,425 183 Civil Defense 988 184 Fire 14,792 185 Animal Control 245 186 Inspections 526 200 Engineering 454 201 Street Maintenance 16,720 202 Street Lighting 52,842 203 Fleet Services 20,291 204 Equipment Revolving 6,542 300 Heritage Preservation Grants 1,000 303 Cemetary Operation 971 304 Senior Awareness Fund 54 502 Park Development 469 503 Utility Improvement 44,794 506 Improvment Bonds 1996 5,334 507 Construction Fund 3,101 509 CIP Fund 70,865 511 Construction Fund 30,866 601 Prairie Village Liquor 67,310 602 Den Road Liquor 90,595 603 Prairie View Liquor 53,493 701 Water Fund 153,251 702 Sewer Fund 934 703 Storm Drainage Fund 3,934 803 Escrow Fund 20,992 806 SAC Agency Fund 76,950 807 Benefits Fund 459,930 Report Totals 1,531,553 / l I City of Eden Prairie Council Check Register 06/01/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2005 70,150 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2006 1,275 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2007 9,753 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2008 26,111 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2009 15,498 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2010 131,695 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2011 72,399 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2012 97 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2013 818 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2014 335 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2015 66,792 MINNESOTA DEPT OF REVENUE Operating Supplies Telephone 2016 648 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2017 4,953 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2018 9,900 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2019 24,413 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2020 15,973 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2021 126,040 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2022 133 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2023 161 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2024 1,036 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 130100 2,387 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 130101 75 CARLSON,KRISTI Program Fee Tennis 130102 4,481 CENTERPOINT ENEGY Gas Fire Station#1 130103 16,226 CENTERPOINT ENERGY MARKETING I Gas Maintenance 130104 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 130105 55 CULLIGAN-METRO Operating Supplies Outdoor Center 130106 50 GILBERTSON,JUDY Riley Lake Shelter Park Facilities 130107 263 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 130108 44 HOLE BEATRICE Program Fee Senior Center Program 130109 639 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Pleasant Hill Cemetary 130110 41 JIN,WONKYUNG Program Fee Spring Skill Development 130111 22 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 130112 8 LIESMAKI,SUE Lessons&Classes Ice Arena 130113 135 LINDAHL,DAVID Conference Expense Economic Development 130114 90 MAAO Conference Expense Assessing 130115 76,181 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 130116 8,396 MINNESOTA STATE TREASURER Building Surcharge General Fund 130117 129 NOKOMIS SHOE SHOP Clothing&Uniforms Water Utility-General 130118 2,227 OLYMPIC HILLS GOLF CLUB Miscellaneous Reserves 130119 366 PETTY CASH Operating Supplies Preschool Events 130120 790 UNIVERSITY OF MINNESOTA Conference Expense Assessing 130121 80 WOLF CAMERA Operating Supplies Park Maintenance 130122 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 130123 170 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 130124 131 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 130125 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 130126 75 ASHLAND POLICE DEPARTMENT Canine Supplies Police 130127 180 BCA-BTS Tuition Reimbursement/School Police 130128 75 BLANSHAN,JAYE Events/Admission Fee July 4th Celebration 130129 50 BORK,GARY Events/Admission Fee July 4th Celebration 130130 50 BROWN,JASON Events/Admission Fee July 4th Celebration 130131 25 CANESSA,GIANCARLO Events/Admission Fee July 4th Celebration 130132 25 CARLSON,JULIE Events/Admission Fee July 4th Celebration 130133 25 CHANEN,JEFFREY Events/Admission Fee July 4th Celebration 130134 25 COPENHAGEN,BILL Events/Admission Fee July 4th Celebration 130135 123 CUB FOODS EDEN PRAIRIE Operating Supplies Police 130136 25 DANK,ANNIE Events/Admission Fee July 4th Celebration 130137 25 DICKINSON,THOMAS Events/Admission Fee July 4th Celebration 130138 25 FLANDERS,KEVIN Events/Admission Fee July 4th Celebration 130139 25 FRETAG,CHRIS Events/Admission Fee July 4th Celebration 130140 160 GE CAPITAL Other Rentals General 130141 25 GEORGE,MAGGIE Events/Admission Fee July 4th Celebration /D-. —. Check# Amount Vendor/Explanation Account Description Business Unit 130142 603 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 130143 25 GRYSIUEWICZ,JOE Events/Admission Fee July 4th Celebration 130144 25 HEDLUND,JIM Events/Admission Fee July 4th Celebration 130145 1,921 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 130146 100 HENNEPIN COUNTY TREASURER Other Contracted Services Police 130147 50 HEUPEL,DENISE Events/Admission Fee July 4th Celebration 130148 25 HILLSTROM,MOLLY Events/Admission Fee July 4th Celebration 130149 25 HOOKE,ALEX Events/Admission Fee July 4th Celebration 130150 50 HORTER,DENNIS Events/Admission Fee July 4th Celebration 130151 25 INGMAN,MARY SUE Events/Admission Fee July 4th Celebration 130152 25 JACOBSON,ART Events/Admission Fee July 4th Celebration 130153 25 JULLIE,JOE Events/Admission Fee July 4th Celebration 130154 50 KIMMEL,JASON Events/Admission Fee July 4th Celebration 130155 25 KNIGHT,MIKE Events/Admission Fee July 4th Celebration 130156 25 KOUBSKY,DAVE Events/Admission Fee July 4th Celebration 130157 25 LAFFERTY,PETER Events/Admission Fee July 4th Celebration 130158 25 LAWLER,CATHY Events/Admission Fee July 4th Celebration 130159 25 LEE,MARCIA Events/Admission Fee July 4th Celebration 130160 75 LEE,TERRENCE Events/Admission Fee July 4th Celebration 130161 245 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 130162 25 LORITZ,KATE Events/Admission Fee July 4th Celebration 130163 100 MCFERRIN,TANYA Instructor Service Outdoor Center 130164 15 MEMA Dues&Subscriptions Police 130165 1,371 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Liftstation 130166 25 MOODY,SARA Events/Admission Fee July 4th Celebration 130167 25 NORDRUM,TRAVIS Events/Admission Fee July 4th Celebration 130168 50 OSBORN,LINDSAY Events/Admission Fee July 4th Celebration 130169 25 PHILLIPPI,MARK Events/Admission Fee July 4th Celebration 130170 25 QUINN,JESSICA Events/Admission Fee July 4th Celebration 130171 25 QUINN,SHANE Events/Admission Fee July 4th Celebration 130172 1,007 QWEST Telephone Water Utility-General 130173 1,123 QWEST COMMUNICATIONS Pager&Cell Phone Police 130174 25 RIEMERSMA,GLENN Events/Admission Fee July 4th Celebration 130175 25 ROSENBERG,BRIAN Events/Admission Fee July 4th Celebration 130176 61 SBC PAGING Pager&Cell Phone Water System Maintenance 130177 25 SCHOLTZ,JEANNIE Events/Admission Fee July 4th Celebration 130178 65 SEARS COMMERCIAL ONE Equipment Repair&Maint Police City Center 130179 50 SIPE,BETH Events/Admission Fee July 4th Celebration 130180 22 SOUBA,PATRICIA Program Fee Senior Center Program 130181 115 STRONER,ELIZABETH Travel Expense Police 130182 149 TEKIELA,STAN Operating Supplies Outdoor Center 130183 25 TISCHER,JASON Events/Admission Fee July 4th Celebration 130184 25 TUBMAN,NICHOLE Events/Admission Fee July 4th Celebration 130185 25 TURNER,MIKE Events/Admission Fee July 4th Celebration 130186 25 TURNER,PAUL Events/Admission Fee July 4th Celebration 130187 100 VAZQUEZ,EDMUND Refunds Environmental Education 130188 96 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General 130189 252 VIKING ELECTRIC SUPPLY Operating Supplies Street Lighting 130190 25 VOELKEL,REBECCA Events/Admission Fee July 4th Celebration 130191 30 WESTCOTT,MARGARET Program Fee Outdoor Center 130192 25 WIARD-BAUER,LINDA Events/Admission Fee July 4th Celebration 130193 22 WILLIAMS,ELAINE Program Fee Senior Center Program 130194 25 WILLIAMS,TED Events/Admission Fee July 4th Celebration 130195 25 ZACHMAN,PAMELA Events/Admission Fee July 4th Celebration 130196 1,000 GUARANTY COMMERCIAL TITLE INC Land Utility Improvement Fund 130197 158 ALFINITO,JOHN Wages No Benefits Elections 130198 144 AMUNDSON,LONDA Wages No Benefits Elections 130199 140 ANDERSON,BETTY J Wages No Benefits Elections 130200 150 AUTIO,NANCY J Wages No Benefits Elections 130201 170 BAKER,LISA SMITH Wages No Benefits Elections 130202 167 BARTOLETT,JUDITH Wages No Benefits Elections 130203 165 BEAUVAIS,BERNADINE Wages No Benefits Elections 130204 153 BOEHNE,GORDON Wages No Benefits Elections 130205 81 BOEHNE,JOANN D Wages No Benefits Elections 130206 158 BOLLER,DONNA M Wages No Benefits Elections 130207 160 BOLLWEG,NANCY Wages No Benefits Elections /D-3 Check# Amount Vendor/Explanation Account Description Business Unit 130208 149 BUDKE,C GEORGE Wages No Benefits Elections 130209 81 BYERS,JOYCE Wages No Benefits Elections 130210 144 CARLSON,JOHN R Wages No Benefits Elections 130211 72 CONNORS,MARGE Wages No Benefits Elections 130212 144 DALY,JANE Wages No Benefits Elections 130213 157 DIEDE,MIKE Wages No Benefits Elections 130214 149 DILLING,LORRAINE Wages No Benefits Elections 130215 97 DOCTER,GRETCHEN K. Wages No Benefits Elections 130216 77 DORR,GRETCHEN Wages No Benefits Elections 130217 172 EIDE,JANE Wages No Benefits Elections 130218 81 ELLISON,CAROL E Wages No Benefits Elections 130219 157 ELLISON,LORETTA M Wages No Benefits Elections 130220 162 FAGRE-STROETZ,VICKI LYNN Wages No Benefits Elections 130221 144 FIFIELD,DOROTHY Wages No Benefits Elections 130222 165 FITZSIMMONS,MARGARET Wages No Benefits Elections 130223 162 FRISVOLD,CHERI Wages No Benefits Elections 130224 140 GJERSVIK,CAROL Wages No Benefits Elections 130225 149 HANSEN,KERMIT P Wages No Benefits Elections 130226 144 HANSEN,MATTHEW D Wages No Benefits Elections 130227 81 HANSON,JUNE Wages No Benefits Elections 130228 149 HANSON,RUSSELL W Wages No Benefits Elections 130229 144 HEDBERG,SUSAN Wages No Benefits Elections 130230 133 HOLLINGSWORTH,KAREN Wages No Benefits Elections 130231 144 HOOD,CHARLOTTE Wages No Benefits Elections 130232 144 HOWDEN,ARLENE Wages No Benefits Elections 130233 167 ISMAIL,ISMAIL A Wages No Benefits Elections 130234 152 JUSTUS,GORDON Wages No Benefits Elections 130235 151 KALLENBACH,DONALD Wages No Benefits Elections 130236 140 KEMBLE,JIM Wages No Benefits Elections 130237 142 KEMPER,MARILYN A Wages No Benefits Elections 130238 81 KRAUSE,DOLORES Wages No Benefits Elections 130239 177 KUCH,BONNIE VEVERKA Wages No Benefits Elections 130240 115 LEASURE,JAN Wages No Benefits Elections 130241 144 LINAK,JAMES Wages No Benefits Elections 130242 144 LITTLE,NANCY Wages No Benefits Elections 130243 168 MACDONALD,ELAINE Wages No Benefits Elections 130244 149 MADDY,VICKI Wages No Benefits Elections 130245 165 MANNING,JODY Wages No Benefits Elections 130246 142 MEEHAN,ANN Wages No Benefits Elections 130247 164 MEISSNER,LOIS A. Wages No Benefits Elections 130248 140 MORSHARE,ROBERT N Wages No Benefits Elections 130249 140 MORSHARE,ROSEMARY Wages No Benefits Elections 130250 81 MUNSON,LOIS Wages No Benefits Elections 130251 144 NELSON,CAROLINE Wages No Benefits Elections 130252 144 NELSON,DONALD A Wages No Benefits Elections 130253 152 NICHOLSON,KAY Wages No Benefits Elections 130254 144 NIERMAN,MARY Wages No Benefits Elections 130255 144 NOMURA,KATHERINE L. Wages No Benefits Elections 130256 72 OWINGS,DENNIS Wages No Benefits Elections 130257 144 PEARSON,GEORGE H. Wages No Benefits Elections 130258 119 RAMUNNO,JANE Wages No Benefits Elections 130259 152 RISCHMILLER,DAWN Wages No Benefits Elections 130260 72 ROGERS,KAREN Wages No Benefits Elections 130261 105 ROWLAND,DONA Wages No Benefits Elections 130262 144 RUGGLES,DY-ANNA Wages No Benefits Elections 130263 68 SCHLEICHER,GORDON Wages No Benefits Elections 130264 77 SCHLEICHER,LAVERNE Wages No Benefits Elections 130265 40 SCHNEIDER,BRENT Wages No Benefits Elections 130266 168 SHOLD,DAVID P Wages No Benefits Elections 130267 157 SHOLD,GLENNA Wages No Benefits Elections 130268 140 SHUMATE,SANDRA Wages No Benefits Elections 130269 144 SLATOR,PATRICK Wages No Benefits Elections 130270 144 STARR,BRAD R Wages No Benefits Elections 130271 140 STAUNER,GERALD J Wages No Benefits Elections 130272 162 STAUNER,SHIRLEY Wages No Benefits Elections 130273 140 STEWART,DOUGLAS Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 130274 72 STEWART,GRACE Wages No Benefits Elections 130275 140 STEWART,SUSAN Wages No Benefits Elections 130276 171 SWAIM,BONNY Wages No Benefits Elections 130277 100 THIELMAN,LEAANN Wages No Benefits Elections 130278 152 THOMPSON,NANCY J Wages No Benefits Elections 130279 144 TORMOEN,JOEL Wages No Benefits Elections 130280 81 TORNOE,JACQUELINE Wages No Benefits Elections 130281 170 TRAUGHBER,KRISTIN Wages No Benefits Elections 130282 144 WAGNER,EVELYN Wages No Benefits Elections 130283 140 WESTREM,MARY Wages No Benefits Elections 130284 72 WILLIAMS,DOLORES Wages No Benefits Elections 130285 160 WILLIAMS,EUGENIA T. Wages No Benefits Elections 130286 157 WINANS,ARNESTER Wages No Benefits Elections 130287 152 WINSLOW,JACK Wages No Benefits Elections 130288 160 WITTENBERG,MARIE Wages No Benefits Elections 130289 170 ANDERSON,DEBBIE Riley Lake Shelter Park Facilities 130290 1,125 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 130291 115 AUTISM RESOURCE NETWORK Operating Supplies Accessibility 130292 54 BADGE A MINIT Operating Supplies Senior Awareness 130293 141 BAGS&BOWS Misc Taxable Den Road Liquor Store 130294 543 BOGREN,ANN Canine Supplies Police 130295 430 BRAGG,ANNALISA Instructor Service Outdoor Center 130296 40 CAMPOS,LORI Instructor Service Outdoor Center 130297 70 CARLSON,KRISTI Lessons&Classes Ice Arena 130298 50 DOUGHERTY,SAMUEL Deposits Escrow 130299 251 EASTBURN,EMILY Canine Supplies Police 130300 193 FEDEX Postage General 130301 2,816 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 130302 25 KANDIKO,JOE Events/Admission Fee July 4th Celebration 130303 36 KOENIG,LINDA Operating Supplies Art&Music 130304 663 LARSON,CHRISTINA Tuition Reimbursement/School In Service Training 130305 325 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 130306 1,156 METRO SALES INCORPORATED* Other Rentals General 130307 610 MILLARD,CHRIS Tuition Reimbursement/School In Service Training 130308 152 PARK NICOLLET CLINIC Other Contracted Services Risk Management 130309 66 PETSMART Canine Supplies Police 130310 85 SHEGGEBY,MICHAEL Mileage&Parking General Facilities 130311 25 SOCIAL SECURITY ADMINISTRATION Operating Supplies Police 130312 46 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 130313 355 W E LAHR COMPANY Equipment Parts Fleet Services 130314 7 XCEL ENERGY Electric Staring Lake 130315 41 YAHOO! Operating Supplies Police 130316 2,909 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 130317 123 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 130318 6,196 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 130319 5,943 DAY DISTRIBUTING Beer Prairie Village Liquor Store 130320 2,640 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 130321 12,489 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 130322 300 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 130323 3,225 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 130324 10,780 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 130325 48 J&C DISTRIBUTING Misc Taxable Prairie Village Liquor Store 130327 17,307 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 130328 15,362 MARK VII Beer Den Road Liquor Store 130329 550 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 130330 466 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 130331 4,631 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 130332 9,334 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 130333 800 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 130334 2,255 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 130335 12,454 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 130336 15,368 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 130337 257 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 130338 2,439 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 130339 3,561 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 130341 5,816 BIFFS INC Waste Disposal Park Maintenance_ Check# Amount Vendor/Explanation Account Description Business Unit 130342 18 BRUENING,CHARLOTTE Program Fee Senior Center Program 130343 250 BURROWS,JASON Tuition Reimbursement/School Fire 130344 35 CORBIN,JUDSON AR Utility Water Enterprise Fund 130345 649 CUB FOODS EDEN PRAIRIE Operating Supplies After School Programs 130346 37 CULLIGAN BOTTLED WATER Operating Supplies Fire 130347 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 130348 175 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 130349 141 DILLON,JOAN Other Contracted Services Senior Center Program 130350 499 DOVER,RUTH Insurance Risk Management 130351 834 ENSTAD,TERRANCE Tuition Reimbursement/School In Service Training 130352 408 ESBENSEN,GEORGE Office Supplies Fire 130353 4,293 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 130354 500 FIRE DEPARTMENT TRAINING NETWO Training Supplies Fire 130355 120 FIRE MARSHAL ASSOCIATION OF MI Tuition Reimbursement/School Fire 130356 4 FOX,VERNETTE Program Fee Senior Center Program 130357 26 GINA MARIAS INC Operating Supplies Fire 130358 530 HANLON,KIM Operating Supplies Fire 130359 920 HCMC Workers Comp Insurance Risk Management 130360 280 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 130361 41 HERRMANN,STEVE Operating Supplies Park Maintenance 130362 1,084 HIRSHFIELD'S Operating Supplies Park Maintenance 130363 75 ISFSI Dues&Subscriptions Fire 130364 4 KING,MARION Program Fee Senior Center Program 130365 70 LEAGUE OF MINNESOTA CITIES Conference Expense City Manager 130366 90 LIONS TAP Operating Supplies Fire 130367 110 MAAO Conference Expense Assessing 130368 719 MARSHALL&SWIFT Dues&Subscriptions Assessing 130369 308 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 130370 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 130371 875 MINNESOTA TRANSPORATION ALLICA Dues&Subscriptions In Service Training 130372 322 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 130373 616 MYHRE,JOYCE Wages No Benefits Elections 130374 2,849 NASCO Training Supplies Fire 130375 215 NATIONAL RECREATION AND PARK A Dues&Subscriptions Parks Administration 130376 76 O'CONNELL,JAY Mileage&Parking Fire 130377 140 OLSEN COMPANIES Operating Supplies Park Maintenance 130378 75 PANERA BREAD Operating Supplies Fire 130379 390 PETTY CASH Other Contracted Services Economic Development 130380 88 QUICKSILVER EXPRESS COURIER Miscellaneous City Council 130381 1,352 RIDGEVIEW MEDICAL CENTER Other Contracted Services Water Utility-General 130382 4 RUMFORD,JOAN Program Fee Senior Center Program 130383 119 SCHMITZ,THOMAS Training Supplies Fire 130384 916 SHEGGEBY,MICHAEL Travel Expense Recreation Administration 130385 3 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 130386 75 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 130387 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 130388 225 THREE RIVERS PARK DISTRICT Operating Supplies Fire 130389 9 TIME WARNER CABLE Operating Supplies Fire 130390 4 TWEET,JANICE Program Fee Senior Center Program 130391 1,263 UNITED STATES TREASURY Garnishment Withheld General Fund 130392 500 VERIZON DIRECTORIES CORP Advertising Prairie Village Liquor Store 130393 23 WEGNER,TOM Operating Supplies Street Maintenance 130394 250 WILDER,LOIS Other Contracted Services Adult Program 130395 67 WILEY,NATHAN Mileage&Parking Fire 130396 1,726 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 130397 2,353 XCEL ENERGY Electric Water Treatment Plant 130398 300 YOUNGHANS,NEAL Other Contracted Services City Council 130399 2,337 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 130400 240 ACT ELECTRONICS INC Operating Supplies Traffic Signals 130401 1,752 ARCH PAGING Pager&Cell Phone Wireless Communication 130402 847 ASPEN CARPET CLEANING Other Contracted Services Den Road Liquor Store 130403 89 AT&T Pager&Cell Phone Police 130404 100 COOK,BRIAN D Refunds Environmental Education 130405 196 D'AMICO AND SONS Miscellaneous City Council 130406 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 130407 740 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous 06 In Service Training Check# Amount Vendor/Explanation Account Description Business Unit 130408 55 GIRL SCOUT COUNCIL OF GREATER Nesbitt Park Building Park Facilities 130409 484 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 130410 548 HENNEPIN COUNTY TREASURER Postage Elections 130411 1,040 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Maintenance 130412 90 MARTIN,DAWN Homeward Hills Bldg Park Facilities 130413 35 MCFOA Dues&Subscriptions In Service Training 130414 692 METRO PRINTING Printing Elections 130415 282 PETTY CASH-POLICE DEPT Travel Expense Police 130416 7,804 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 130417 7,360 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 130418 65 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 130419 32 QUICKSILVER EXPRESS COURIER Miscellaneous City Council 130420 864 RAY,LEE Other Contracted Services Softball 130421 370 SPRINT Software Maintenance Information Technology 130422 6 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 130423 288 TIME WARNER CABLE Operating Supplies Fire 130424 9 UPS Postage General 130425 126 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 130426 152 WALMART COMMUNITY Recreation Supplies Youth Programs Administration 130427 102,183 XCEL ENERGY Electric Street Lighting 130428 383 BINO,SUSAN Special Event Fees Senior Center Program 130429 200 BOY SCOUT TROOP 342 Building Materials Park Maintenance 130430 82 BREDOW,VERNETT Special Event Fees Senior Center Program 130431 149 CAREER TRACK Tuition Reimbursement/School Police 130432 160 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 130433 226 CASSADY,KEVIN Tuition Reimbursement/School In Service Training 130434 5,625 CORNERSTONE Other Contracted Services Legal Council 130435 67 DAVID SCHWEICH CONSTRUCTION Building Permits General Fund 130436 136 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 130437 150 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 130438 120 DIETZ,EUGENE Dues&Subscriptions Engineering 130439 180 EDAM Conference Expense Community Development 130440 20,782 HENNEPIN COUNTY Deposits Escrow 130441 1,474 METRO SALES INCORPORATED* Equipment Repair&Maint General 130442 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 130443 480 MN STATE BOARD OF ASSESSORS Dues&Subscriptions Assessing 130444 100 MUMFORD,K MICHAEL Refunds Environmental Education 130445 1,427 RICHFIELD,CITY OF Autos Police 130446 77 RUMFORD,JOAN Special Event Fees Senior Center Program 130447 2,000 RUND,LISA Tuition Reimbursement/School In Service Training 130448 155 SCHULTIES PLUMBING Cash Over/Short General Fund 130449 6 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 130450 165 STEINER,SHARON Special Event Fees Senior Center Program 130451 100 TOEWS,GLENN&LAURIE Refunds Environmental Education 130452 100 WOLLENHAUPT,PAULETTE Refunds Environmental Education 130453 21 XCEL ENERGY Electric Sewer Liftstation 130454 172 A P LAWN INC Other Contracted Services Fire Station#1 130455 1,331 ACME WINDOW CLEANING INC. Other Contracted Services Water Treatment Plant 130456 69 ADAMS PEST CONTROL INC Building Repair&Maint. Prairie View Liquor Store 130457 1,743 ADOLPHKIEFER Other Assets Oak Point Operations 130458 120 AMERICAN RED CROSS Recreation Supplies Pool Lessons 130459 430 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Treatment Plant 130460 344 AOI ELECTRICAL INC Capital Under$2,000 Fleet Services 130461 189 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 130462 469 ATHLETICA Advertising Park Acquisition&Development 130463 600 BAUER BUILT TIRE AND BA LEERY Equipment Parts Fleet Services 130464 1,987 BECKER ARENA PRODUCTS INC Building Repair&Maint. Ice Arena 130465 229 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 130466 3,522 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 130467 274 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 130468 248 BRO-TEX INC Operating Supplies Fleet Services 130469 344 BROADWAY AWARDS Operating Supplies Reserves 130470 150 BROWN,PAUL Other Contracted Services Park Facilities 130471 312 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 130472 89 BUSINESS JOURNAL,THE Dues&Subscriptions Water Utility-General 130473 473 C&C EMBROIDERY Clothing&Uniforms Fire Check# Amount Vendor/Explanation Account Description Business Unit 130474 719 C&H DISTRIBUTORS LLC Cleaning Supplies Water Treatment Plant 130475 117 C&T SYSTEMS Other Contracted Services Water System Maintenance 130476 750 CAMPBELL,IAN Other Contracted Services Adult Open Gym 130477 109 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 130478 15 CAWLEY COMPANY,THE Miscellaneous City Manager 130479 2,716 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 130480 650 CLAREYS INC Other Contracted Services Sewer Utility-General 130481 413 CLASS SOFTWARE SOLUTIONS Operating Supplies Community Center Admin 130482 87 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 130483 226 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 130484 873 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 130485 869 CORPORATE EXPRESS Office Supplies Fire 130486 92 CREATIVE CONCEPTS IN MARKETING Operating Supplies City Council 130487 10,287 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 130488 120 CY'S UNIFORMS Clothing&Uniforms Police 130489 128 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 130490 405 DAN OLSON PHOTOGRAPHY Operating Supplies Fire 130491 659 DEALER AUTOMOTIVE SERVICES INC Capital Under$2,000 Fleet Services 130492 985 DECORATIVE DESIGNS INC Building Repair&Maint. City Center Operations 130493 142 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 130494 21,633 DIVERSE BUILDING MAINTENANCE Cleaning Supplies General Facilities 130495 588 DOHERTY,SANDRA L Other Contracted Services Volleyball 130496 11,313 DRT TRANSPORT Other Contracted Services Lime Sludge 130497 2,528 EARL F ANDERSEN INC Equipment Parts Fleet Services 130498 27,708 EF JOHNSON Capital Under$2,000 Wireless Communication 130499 60 ELECTION SYSTEMS&SOFTWARE IN Operating Supplies Elections 130500 932 EMBEDDED SYSTEMS INC Operating Supplies Emergency Preparedness 130501 28,441 ESCHELON TELECOM INC Other Contracted Services Telephone 130502 350 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration 130503 65 FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant 130504 84 FERO,STACEY Other Contracted Services Volleyball 130505 339 FERRELLGAS Gas Outdoor Center 130506 19 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 130507 177 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 130508 32,787 FOSS EXTERIORS LLC Building Capital Impr./Maint.Fund 130509 719 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 130510 917 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 130511 399 GRAINGER Equipment Parts Fleet Services 130512 942 GRAYBAR Repair&Maint.Supplies City Center Operations 130513 49 GS DIRECT Operating Supplies Engineering 130514 51,753 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Impr./Maint.Fund 130515 8,981 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 130516 2,290 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 130517 210 HINRICHS,KEITH Other Contracted Services Softball 130518 630 HOLMES,JOHN CARTER Other Contracted Services Volleyball 130519 252 HOLMES,TOM Other Contracted Services Softball 130520 10 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 130521 703 HYDROLOGIC WATER MANAGEMENT SY Repair&Maint.Supplies Park Maintenance 130522 47 I-STATE TRUCK CENTER Equipment Parts Fleet Services 130523 3,533 ICERINK SUPPLY CO Equipment Repair&Maint Ice Arena 130524 28 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 130525 3,820 1ND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 130526 21 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 130527 330 INFRATECH Other Contracted Services Storm Drainage 130528 1,000 INSPEC INC. Other Contracted Services Senior Center 130529 2,110 INTEREUM INC Capital Under$2,000 Furniture 130530 193 INTOXIMETERS Operating Supplies Police 130531 499 J H LARSON ELECTRICAL COMPANY Operating Supplies Street Lighting 130532 1,941 JANEX INC Cleaning Supplies General Facilities 130533 188 JAYDEE EQUIPMENT CO Equipment Repair&Maint Park Maintenance 130534 417 JM OIL CO Lubricants&Additives Water Treatment Plant 130535 252 KALLIN,LAWRENCE E Other Contracted Services Volleyball 130536 91 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 130537 381 KRISS PREMIUM PRODUCTS INC Repair&Maint.Supplies Water Treatment Plant 130538 84 KROEGER,TARA L Other Contracted Services Softball 130539 164 KUSTOM SIGNALS INC Equipment Repair&Maint Police Check# Amount Vendor/Explanation Account Description Business Unit 130540 216 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 130541 120 LAKE COUNTRY DOOR Building Repair&Maint. City Center Operations 130542 1,708 LANDS END CORPORATE SALES Clothing&Uniforms Police 130543 285 LANO EQUIPMENT INC Equipment Parts Fleet Services 130544 20 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training 130545 1,075 LOVEGREEN INDUSTRIAL SERVICES Building Repair&Maint. Water Treatment Plant 130546 1,168 M R SIGN Signs Traffic Signs 130547 144 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 130548 700 MASTER SPRINKLER SYSTEMS Other Contracted Services Round Lake 130549 95 MATTS AUTO SERVICE INC Other Contracted Services Police 130550 1,583 MAXI-PRINT INC Printing Police 130551 4,040 MED COMPASS Employment Support Test Fire 130552 340 MENARDS Repair&Maint.Supplies Fire Station#2 130553 6,508 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 130554 76 METRO LEGAL SERVICES INC Other Contracted Services Housing,Trans,&Human Sery 130555 13 METROPOLITAN FORD Equipment Parts Fleet Services 130556 2,794 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 130557 42 MIDWEST ENGINE SERVICE&SUPPL Equipment Repair&Maint Park Maintenance 130558 53 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake 130559 3,568 MINNESOTA/WISCONSIN PLAYGROU Operating Supplies Park Maintenance 130560 773 MINNESOTA CONWAY Safety Supplies Fleet Services 130561 293 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 130562 305 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 130563 164 MINNETONKA GLASS&MIRROR Repair&Maint.Supplies Maintenance 130564 340 MRCI Operating Supplies Park Maintenance 130565 1,514 MTI DISTRIBUTING INC Equipment Parts Fleet Services 130566 210 MURRAY,JOHN Other Contracted Services Softball 130567 34 NATIONAL WATERWORKS Repair&Maint.Supplies Park Maintenance 130568 143 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center 130569 243 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 130570 333 NORTHWEST BUSINESS SYSTEMS Other Hardware Information Technology 130571 104 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 130572 262 OSI BATTERIES INC Equipment Parts Fleet Services 130573 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 130574 310 PARK AVENUE Other Contracted Services Water System Maintenance 130575 10,584 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 130576 10,727 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 130577 387 PEPSI COLA COMPANY Merchandise for Resale Concessions 130578 113 PETERSON ENVIRONMENTAL CONSULT Other Contracted Services Storm Drainage 130579 75 PETSMART Capital Under$2,000 Fleet Services 130580 19 POWERPLAN OIB Equipment Parts Fleet Services 130581 2,320 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Well 14 130582 41 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 130583 960 RAY,LEE Other Contracted Services Softball 130584 210 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 130585 997 REHRIG PACIFIC COMPANY Operating Supplies Park Maintenance 130586 1,121 RIGID HITCH INCORPORATED Capital Under$2,000 Fleet Services 130587 70 RIVEROS,DIEGO Other Contracted Services Environmental Education 130588 52,825 RMR SYSTEMS INC Other Contracted Services Water Meter Reading 130589 1,000 ROBERT C VOGEL&ASSOCIATES Other Contracted Services 1999 CLG Grant 130590 245 ROOT 0 MATIC Building Repair&Maint. Maintenance 130591 90 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 130592 280 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance 130593 147 SCHMIDT,KURT Other Contracted Services Softball 130594 632 SE-ME INC Operating Supplies Police 130595 3,442 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 130596 158 SHRED-IT Waste Disposal City Center Operations 130597 13 SMITH&WESSON Equipment Repair&Maint Police 130598 210 SMITH,SUZETTE JO Other Contracted Services Volleyball 130599 774 SNAP-ON TOOLS Small Tools Street Maintenance 130600 284 SNELL MECHANICAL INC Equipment Repair&Maint Pool Maintenance 130601 27,605 SOFTWARE HOUSE INTERNATIONAL I Miscellaneous Information Technology 130602 3,798 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 130603 11,894 SRF CONSULTING GROUP INC Improvements to Land Construction Fund 130604 301 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 130605 824 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts I 1 Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 130606 5,141 STONEBROOKE Machinery&Equipment Public Works 130607 2,637 STREICHERS Clothing&Uniforms Police 130608 729 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services 130609 22 SUBURBAN PROPANE Lubricants&Additives Fleet Services 130610 336 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 130611 8,845 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 130612 577 SUN NEWSPAPERS Legal Notices Publishing City Clerk 130613 145 SWEDLUNDS Waste Disposal Outdoor Center 130614 38 TACTICAL&SURVIVAL SPECIALTIE Clothing&Uniforms Police 130615 303 TERMINAL SUPPLY CO Capital Under$2,000 Fleet Services 130616 927 TESSMAN SEED CO Chemicals Park Maintenance 130617 73 THIRD PARTY SOLUTIONS Workers Comp Insurance Risk Management 130618 1,345 TKDA Improvement Contracts Utility Improvement Fund 130619 37,403 TRAUT WELLS Equipment Repair&Maint Water Treatment Plant 130620 900 TRESIDDER,JEFF Printing Fire 130621 99 TRI STATE BOBCAT INC. Equipment Parts Fleet Services 130622 817 TWIN CITY ACOUSTICS INC Repair&Maint.Supplies Water Treatment Plant 130623 38 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 130624 313 U S LAWNS OF TWIN CITIES Other Contracted Services Park Maintenance 130625 1,718 UNIFORMS UNLIMITED Clothing&Uniforms Fire 130626 184 UNITED RENTALS Equipment Repair&Maint Maintenance 130627 1,327 URBAN COMMUNICATIONS Operating Supplies Ice Show 130628 3,062 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 130629 1,285 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 130630 1,396 WATSON CO INC,THE Merchandise for Resale Concessions 130631 57 WAYTEK INC Operating Supplies Park Maintenance 130632 346 WEMYSS,SCOTT Operating Supplies Fire 130633 727 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 130634 128 WEST WELD Operating Supplies Park Maintenance 130635 899 WILKUS ARCHITECTS INC Other Contracted Services General Facilities 130636 105 WOLF CAMERA Video&Photo Supplies Assessing 130637 1,078 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 130638 263 ZEE MEDICAL SERVICE Safety Supplies Pool Operations 1,531,553 Grand Total ) 30 CITY COUNCIL AGENDA DATE: 06/01/04 SECTION: Reports of Councilmembers DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: A Resolution To Support Amending Proposed �/ ` ` Legislation Introduced in the Minnesota State /�..t1L . A. t Legislature Relating to Airports Requested Action MOTION: Move to adopt a Resolution supporting amendment of proposed state legislation (House File 2143 and Senate File 2709)concerning airport zoning provisions by appointing an Eden Prairie elected official as a member of the proposed Advisory Council that will be charged with revising the state aviation plan. Synopsis The legislation introduced in the 2003-2004 Minnesota Legislative session does not provide the State of Minnesota Transportation Commissioner the opportunity to appoint any local government elected officials to the Advisory Council that will be created,if this legislation is passed,that would represent reliever airport host communities. The Advisory Council will be charged with reviewing airport zoning provisions and to revise the state aviation plan that will analyze the projected aviation needs of the state for the next 20 years. Background Information The State of Minnesota oversees aviation system planning for airports in the state,including the Metropolitan Airports Commission's(MAC) system of airports which include: Minneapolis-St. Paul International Airport and its associated reliever airports, including St. Paul-Downtown Airport,Flying Cloud Airport in Eden Prairie,Anoka County/Blaine Airport in Blaine,Airlake Airport in Lakeville, Crystal Airport in Crystal, and Lake Elmo Airport in Lake Elmo. This MAC system of airports accommodates over 1 million aircraft operations annually within the Twin Cities metropolitan area,of which over 628,000 of these operations occur at the reliever airports,placing an ever increasing impact on land use and noise on the host communities for this system of airports. Flying Cloud Airport,located in the city of Eden Prairie,is the busiest of the reliever airports. Reliever airports are playing an increasingly important role in the region's transportation needs. Attachments • Journal of the House—64t'day—Monday,February 16, 2004:this documents the introduction of House File Number 2143 into the official record and shows that it was referred to the Committee on Transportation Policy • House File Number 2143, as introduced • Senate File Number 2709, ls`Engrossment ) 3 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION TO SUPPORT AMENDING LEGISLATION INTRODUCED IN THE MINNESOTA STATE LEGISLATURE RELATING TO AIRPORTS WHEREAS,during the 2003-2004 Minnesota Legislative session,House File 2143,and its companion legislation, Senate File 2709,were introduced as bills for legislation relating to airports;expanding scope of airport zoning provisions to include control of uses incompatible with present and future airport use; requiring a chapter on aviation planning in the state transportation plan;creating an advisory council on aviation planning; amending Minnesota Statutes 2002,chapters 174 and 360; and WHEREAS,the State of Minnesota oversees aviation system planning for airports in the state,including the Metropolitan Airports Commission's(MAC)system of airports which include: Minneapolis-St.Paul International Airport and its associated reliever airports, including St. Paul-Downtown Airport,Flying Cloud Airport in Eden Prairie,Anoka County/Blaine Airport in Blaine,Airlake Airport in Lakeville, Crystal Airport in Crystal,and Lake Elmo Airport in Lake Elmo; and WHEREAS,this MAC system of airports accommodates over 1 million aircraft operations annually within the Twin Cities metropolitan area, of which over 628,000 of these operations occur at the reliever airports,placing an ever increasing impact on land use and noise on the host communities for this system of airports;and WHEREAS,such legislation currently does not provide for direct input from elected officials that represent the host communities for these reliever airports that are playing an increasingly important role in the region's transportation needs; and WHEREAS,Flying Cloud Airport, located in the city of Eden Prairie, is the busiest of the reliever airports. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Eden Prairie that this City Council supports amending the proposed legislation,as a host community of a reliever airport, in the discussion concerning airport zoning provisions that include control of uses incompatible with present and future airport use; and to have direct participation by appointment by the State of Minnesota Transportation Commissioner for an Eden Prairie elected official to be a member of the Advisory Council to be created and;to have direct participation as a member of the Advisory Council that will be charged in the revision of the state aviation plan that will analyze the projected aviation needs of the state for the next 20 years. ADOPTED by the City Council of the City of Eden Prairie on this 1st day of June,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk / 33- H.F No. 2143, as introduced Page 1 of 6 Legislature Home 1 Search 1 Help I Links to the World 4 Minnesota House of Representatives House { Senate f Legislation&Bill Status $ Laws,Statutes&Rules I Joint Depts.&Commissions KEY: ctricken = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above,you need to change the display of stricken and/or underscored language. Authors and Status • List versions H.F No. 2143, as introduced: 83rd Legislative Session(2003-2004) Posted on Feb 16, 2004 1.1 A bill for an act 1.2 relating to airports; expanding scope of airport 1.3 zoning provisions to include control of uses 1.4 incompatible with present and future airport use; 1.5 requiring a chapter on aviation planning in the state 1.6 transportation plan; creating an advisory council on 1.7 aviation planning; amending Minnesota Statutes 2002, 1.8 sections 174.03, by adding a subdivision; 360. 061, by 1.9 adding subdivisions; 360.064, subdivision 1; 360.065; 1.10 360.066, subdivisions 1, la; 360.074; proposing coding 1.11 for new law in Minnesota Statutes, chapters 174; 360. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 ARTICLE 1 1.14 AIRPORT ZONING 1.15 Section 1. Minnesota Statutes 2002, section 360.061, is 1.16 amended by adding a subdivision to read: 1.17 Subd. 5. [DEVELOPMENT AREA.] "Development area" means any 1.18 land located within two miles of the boundary of a commercial 1.19 service airport. 1.20 Sec. 2. Minnesota Statutes 2002, section 360.061, is 1.21 amended by adding a subdivision to read: 1.22 Subd. 6. [INCOMPATIBLE USE.] "Incompatible use" means 1.23 present or potential land use that is located within a 1.24 development area and is incompatible with the present function 1.25 of the airport, or future function as established in the state 1.26 transportation plan, because (1) it presents an actual or 1.27 potential obstacle to eventual development or expansion of the 1.28 airport, or (2) present or potential use of the airport presents 2 .1 a significant threat, because of noise, increased traffic, or 2.2 other factors, to the quality of life of residential property 2 .3 within the area in question. 2 .4 Sec. 3. [360.0631] [AIRPORT ZONING; DEVELOPMENT AREAS.] 2 .5 Subdivision 1. [ZONING AUTHORIZED.] A municipality or 2.6 joint airport zoning board having jurisdiction over a commercial 2 .7 service airport as defined by the Federal Aviation 2 .8 Administration may adopt zoning regulations to prevent 2.9 incompatible uses in development areas in the same manner as 2.10 provided for zoning regulations to prevent the creation or 2.11 establishment of airport hazards under sections 360.061 to 2.12 360.076. A joint airport zoning board may not adopt zoning 2.13 regulations that are inconsistent with zoning regulations 2.14 adopted by a municipality having jurisdiction over all or a part )33 http://w vw.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=lsS3&version=latest&numb... 05/26/2004 H.F No. 2143, as introduced Page 2 of 6 2 .15 of a development area unless the joint airport zoning board 2 .16 determines that the municipal zoning regulations allow for an 2 .17 incompatible use. 2 .18 Sec. 4. Minnesota Statutes 2002, section 360.064, 2 .19 subdivision 1, is amended to read: 2 .20 Subdivision 1. [COMPREHENSIVE REGULATIONS.] In the event 2 .21 that a municipality has adopted, or hereafter adopts, a 2 .22 comprehensive zoning ordinance regulating, among other things 2.23 the height of buildings or development or construction in a 2 .24 development area, any airport zoning regulations applicable to 2 .25 the same area or portion thereof may be incorporated in and made 2 .26 a part of such comprehensive zoning regulations and be 2 .27 administered and enforced in connection therewith. 2 .28 Sec. 5. Minnesota Statutes 2002, section 360.065, is 2 .29 amended to read: 2 .30 360.065 [AIRPORT ZONING; ADOPTION, APPROVAL.] 2 .31 Subdivision 1. [NOTICE, HEARING.] (a) No airport zoning 2 .32 regulations shall be adopted, amended or changed under sections 2 .33 360. 011 to 360 .076, except by action of the governing body of 2 .34 the municipality or county in question, or the boards provided 2 .35 for in section 360.063, subdivisions 3 and 7, or by the 2 .36 commissioner as provided in subdivisions 6 and 8, after public 3 .1 hearings, at which parties in interest and citizens shall have 3.2 an opportunity to be heard. A public hearing shall be held on 3.3 the proposed regulations before they are submitted for approval 3.4 to the commissioner and after that approval but before final 3.5 adoption by the local zoning authority. Notice of a hearing 3.6 required pursuant to this subdivision shall be published by the 3.7 local zoning authority at least three times during the period 3.8 between 15 days and five days before the hearing in an official 3 .9 newspaper and in a second newspaper designated by that authority 3 .10 which has a wide general circulation in the area affected by the 3 .11 proposed regulations. The notice shall not be published in the 3 .12 legal notice section of a newspaper. Notice of a hearing shall 3 .13 also be mailed to the governing body of each political 3 .14 subdivision in which property affected by the regulations is 3 . 15 located. 3 .16 (b) In the case of a hearing on airport zoning regulations 3 .17 intended to prevent the creation or establishment of airport 3 .18 hazards, notice chall must be given by mail at least 15 days 3 .19 before each hearing to any persons in municipalities that own 3 .20 land proposed to be included in safety zone A or B as provided 3 .21 in the rules of the Department of Transportation and to persons 3 .22 or municipalities that have previously requested such notice 3 .23 from the authority. In the case of airport zoning regulations 3 .24 intended to prevent incompatible uses in development areas, 3 .25 notice must be given by mail at least 15 days before each 3 .26 hearing to any persons who own land in the proposed development 3 .27 area. 3 .28 (c) For the purpose of giving mailed notice, the authority 3 .29 may use any appropriate records to determine the names and 3 .30 addresses of owners. A copy of the notice and a list of the 3.31 owners and addresses to which the notice was sent shall be 3 .32 attested to by the responsible person and shall be made a part 3 .33 of the records of the proceedings. The failure to give mailed 3 .34 notice to individual property owners, or defects in the notice 3 .35 shall not invalidate the proceedings; provided a bona fide 3 .36 attempt to comply with this subdivision has been made. A notice 4.1 shall describe the property affected by the proposed regulations 4.2 and the restrictions to be imposed on the property by the /3y http:// w.revisor.leg.state.mn.us/cgi-bin/getbi11.p1?session=lsS3&Version=latest&numb... 05/26/2004 H.F No. 2143, as introduced Page 3 of 6 4.3 regulations and shall state the place and time at which the 4.4 proposed regulations are available for public inspection. 4.5 Subd. 2. [REGULATIONS SUBMITTED TO COMMISSIONER.] Prior to 4.6 adopting zoning regulations for an airport hazard area or 4.7 development area under sections 360.011 to 360.076, the 4.8 municipality, county, or joint airport zoning board which is to 4.9 adopt the regulations shall submit its proposed regulations to 4.10 the commissioner in order that the commissioner may determine 4.11 whether it conformc they conform to the standards prescribed by 4.12 the commissioner. The commissioner shall immediately examine 4. 13 the proposed regulations and report to the municipality, county, 4.14 or joint airport zoning board the commissioner's approval, or 4.15 objections, if any. If objections are made by the commissioner 4.16 on the ground that the regulations do not conform to the 4.17 standards prescribed by the commissioner for the class of 4.18 airport involved, the municipality, county, or joint zoning 4.19 board shall make amendments as are necessary to meet the 4.20 objections unless it demonstrates that the social and economic 4.21 costs of restricting land uses in accordance with the standards 4.22 outweigh the benefits of a strict application of the standards. 4.23 The governing body of the municipality or county or the joint 4.24 airport zoning board shall not adopt the regulations or take 4.25 other action until the proposed regulations are approved by the 4.26 commissioner. The commissioner may approve local zoning 4.27 ordinances that are more stringent than the standards. A copy 4 .28 of the regulations as adopted shall be filed with the county 4.29 recorder in each county in which the zoned area is located. 4.30 Substantive rights existing prior to the passage of this 4.31 subdivision and previously exercised are not affected by the 4.32 filing of the regulations. 4.33 Sec. 6. Minnesota Statutes 2002, section 360.066, 4.34 subdivision 1, is amended to read: 4.35 Subdivision 1. [REASONABLENESS.] (a) Standards of the 4.36 commissioner defining airport hazard areas and the categories of 5. 1 uses permitted and airport zoning regulations adopted under 5.2 sections 360.011 to 360.076, shall be reasonable, and none shall 5.3 impose a requirement or restriction which is not reasonably 5.4 necessary to effectuate the purposes of sections 360.011 to 5.5 360.076. 5.6 (b) In determining what minimum airport zoning regulations 5.7 intended to regulate airport hazards may be adopted, the 5.8 commissioner and a local airport zoning authority shall 5.9 consider, among other things, the character of the flying 5.10 operations expected to be conducted at the airport, the location 5.11 of the airport, the nature of the terrain within the airport 5.12 hazard area, the existing land uses and character of the 5.13 neighborhood around the airport, the uses to which the property 5.14 to be zoned are planned and adaptable, and the social and 5.15 economic costs of restricting land uses versus the benefits 5.16 derived from a strict application of the standards of the 5.17 commissioner. 5. 18 (c) In determining airport zoning regulations intended to 5.19 prevent the creation and establishment of incompatible uses in 5 .20 development areas, the commissioner and a local zoning authority 5.21 shall consider, among other things, the present and future use 5.22 of the airport, existing land use and character of neighborhoods 5.23 within the development area, the uses to which the property to 5.24 be zoned are planned and adaptable, and the social and economic 5.25 costs of restricting land uses versus the benefits derived from 5.26 a strict application of the standards of the commissioner. In 135 http://www.revisor.leg.state.mn.us!cgi-bin/getbi11.p1?session=1s83&version=latest&numb... 05/26/2004 H.F No. 2143, as introduced Page 4 of 6 5 .27 determining standards for noise, the commissioner shall apply 5 .28 the Guidelines for Community Noise published by the World Health 5 .29 Organization. 5 .30 Sec. 7. Minnesota Statutes 2002, section 360.066, 5 .31 subdivision la, is amended to read: 5 .32 Subd. la. [PROTECTION OF EXISTING NEIGHBORHOOD.] (a) In 5 .33 order to ensure the minimum disruption of existing land uses, 5 .34 particularly established residential neighborhoods in built up 5 .35 urban areas, the airport zoning standards of the commissioner 5 .36 and the local airport zoning ordinances or regulations adopted 6 . 1 under sections 360.061 to 360.074 shall distinguish between the 6 .2 creation or establishment of a use and the elimination of an 6.3 existing use, and shall avoid the elimination, removal, or 6 .4 reclassification of existing uses to the extent consistent with 6.5 reasonable standards of safety and with the present and future 6.6 use of the airport. The standards of the 6.7 commissioner regulating airport hazards shall include criteria 6 . 8 for determining when an existing land use may constitute an 6 .9 airport hazard so severe that considerations of public safety 6 .10 outweigh the public interest in preventing disruption to that 6 . 11 land use. 6 .12 (b) No airport zoning standards or local airport zoning 6.13 ordinances or regulations shall be adopted pursuant to sections 6. 14 360.061 to 360. 074 that classify as a nonconforming use or 6.15 require such classification with respect to any low-density 6 .16 residential structure or isolated low-density residential 6.17 building lots existing on January 1, 1978 in an established 6 .18 residential neighborhood. 6 .19 (c) A local airport zoning authority may classify a land 6 .20 use described in paragraph (b) as an airport hazard if that 6 .21 authority finds that this classification is justified by 6.22 considerations of public safety and is consistent with the 6.23 airport zoning standards of the commissioner. Any land use 6 .24 described in paragraph (b) which is classified as an airport 6 .25 hazard shall be acquired, altered, or removed at public expense. 6.26 (d) The provisions of this subdivision shall not be 6.27 construed to affect the classification of any land use under any 6.28 zoning ordinances or regulations not adopted pursuant to 6.29 sections 360.061 to 360 .074 . 6.30 Sec. 8 . Minnesota Statutes 2002, section 360 . 074, is 6.31 amended to read: 6.32 360 .074 [ACQUISITION OF AIR RIGHTS.] 6.33 In any case in which (1) it is desired to remove, lower, or 6.34 otherwise terminate a nonconforming structure or use, or (2) the 6 .35 approach or development area protection necessary cannot, 6.36 because of constitutional limitations, be provided by airport 7 .1 zoning regulations under sections 360.011 to 360 .076, or (3) it 7 .2 appears advisable that the necessary approach or development 7 .3 area protection be provided by acquisition of property rights 7 .4 rather than by airport zoning regulations, the municipality 7 .5 within which the property or nonconforming use is located or the 7 .6 municipality owning the airport or served by it may proceed 7 .7 under section 360.032, subdivision 3, to acquire such easements 7 .8 through or other interest in air spaces over land or water, 7 .9 interests in airport hazards or other structures outside the 7 .10 boundaries of the airport, and such other airport protection 7 .11 privileges as are necessary to effectuate the purposes of 7 .12 sections 360.011 to 360.076. 7.13 Sec. 9. [EFFECTIVE DATE.] 7.14 Sections 1 to 8 are effective July 1, 2005. 136 hltp://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=lsS3&version=latest&numb... 05/26/2004 H.F No. 2143, as introduced Page 5 of 6 7.15 ARTICLE 2 7.16 AVIATION PLANNING 7.17 Section 1. Minnesota Statutes 2002, section 174.03, is 7.18 amended by adding a subdivision to read: 7.19 Subd. 2a. [STATE AVIATION PLAN.] (a) Each revision of the 7.20 state transportation plan must include a chapter setting out a 7.21 state aviation plan. The plan must include the following: 7.22 (1) an analysis of the projected commercial aviation needs 7.23 of the state over the next 20 years; 7.24 (2) a description of the present capacity, function, and 7.25 levels of activity at each commercial service airport as 7.26 designated by the Federal Aviation Administration, each airport 7.27 that the commissioner determines is likely to become a 7.28 commercial service airport in the next 20 years, and any other 7.29 airport that the commissioner determines should be included by 7.30 reason of commercial passenger or cargo service levels; and 7.31 (3) a description of the capacity, function, and levels of 7.32 activity that each airport identified in clause (2) must have in 7.33 order to carry out the plan's goal and objectives and meet the 7.34 needs described under clause (1) . 7.35 (b) In assessing aviation needs and the capacity, function, 7.36 and level of activity at any airport, the plan must consider 8.1 both commercial passenger service and cargo service. 8.2 Sec. 2. [174.032] [ADVISORY COUNCIL ON AVIATION PLANNING.] 8.3 Subdivision 1. [ADVISORY COUNCIL CREATED.] (a) The 8.4 commissioner shall create an advisory council on aviation 8.5 planning to advise the commissioner on the aviation chapter of 8.6 the state transportation plan. The council consists of the 8.7 following members appointed by the commissioner except where 8.8 otherwise provided: 8.9 (1) one member of the Metropolitan Airports Commission; 8.10 (2) one representative of major commercial airlines; 8.11 (3) one representative of independent pilots who fly for 8.12 small business; 8.13 (4) one representative of the air cargo industry; 8.14 (5) two representatives of the business community unrelated 8.15 to aviation, one of whom must reside within the seven-county 8.16 metropolitan area and one of whom must reside outside that area; 8.17 (6) one representative of environmental interests; 8.18 (7) one employee of the Department of Transportation's 8.19 Office of Aeronautics; 8.20 (8) two representatives of neighborhoods that are 8.21 significantly affected by airplane noise; 8.22 (9) one representative of tier-two airports (St. Cloud, 8.23 Duluth, Willmar, and Rochester) ; 8.24 (10) one member of the senate committee having jurisdiction 8.25 over transportation policy, appointed by the chair of that 8.26 committee; and 8.27 (11) one member of the house of representatives committee 8.28 having jurisdiction over transportation policy, appointed by the 8.29 chair of that committee. 8.30 (b) Members of the advisory council serve at the pleasure 8.31 of the appointing authority. Members shall serve without 8.32 compensation. 8.33 Subd. 2. [ADVISORY COUNCIL DUTIES.] (a) The advisory 8.34 council on aviation planning shall advise the commissioner on 8.35 the aviation planning chapter of the state transportation plan 8.36 required under section 174.03, subdivision 2a. In carrying out 9.1 these duties the advisory council shall prepare an initial draft 9.2 of the chapter and submit it to the commissioner, revise the ram- http://www.revisor_leg.state.mn.us/egi-bin/getbill.pl?session=ls$3&version=latest&numb... 05/26/2004 H.F No. 2143, as introduced Page 6 of 6 9.3 draft if so requested by the commissioner, and comment to the 9.4 commissioner on any revisions to the draft the commissioner 9.5 makes. In drafting the chapter the council shall consider: 9.6 (1) present and anticipated capacity needs of commercial 9.7 service airports, including limitations on expanding the 9.8 capacity of individual commercial service airports imposed by 9.9 state or local regulations, safety or environmental concerns, 9. 10 and land uses near the airport that are incompatible with 9.11 airport operations; 9.12 (2) the needs of Minnesota residents and businesses for 9.13 passenger and cargo service, from both a statewide and regional 9.14 perspective; 9.15 (3) anticipated changes in commercial aircraft types and 9.16 characteristics; 9. 17 (4) noise and other environmental impacts of aviation at 9. 18 commercial service airports; 9.19 (5) trends in the aviation and airline industries; and 9.20 (6) relationship between aviation and other forms of 9.21 transportation covered by the state transportation plan. 9.22 (b) The advisory council may also make recommendations to 9.23 the commissioner, the Metropolitan Airports Commission, and the 9.24 legislature concerning the policy steps needed to implement the 9.25 chapter. 9.26 Subd. 3 . [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 9.27 The commissioner shall appoint the first advisory council by 9.28 July 1, 2004. The council shall submit any recommendations it 9.29 makes to the legislature by January 15, 2005. The terms of all 9.30 members of the advisory council serving on July 1, 2004, expire 9.31 on January 1, 2006. 9.32 (b) The commissioner shall appoint and convene a new 9.33 advisory council not less than two years before the date on 9.34 which each revision of the state transportation plan is required 9.35 under section 174.03, subdivision la. Each such advisory 9.36 council must consist of members as prescribed in subdivision 1, 10.1 who shall serve on the same terms as set forth under subdivision 10.2 1. Each such advisory council expires on the date on which the 10.3 revision of the state transportation plan becomes final. J3 http://mvw.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=lsS3&version=latest&numb... 05/26/2004 S.F No. 2709, 1st Engrossment Page 1 of 3 Legislature Homo j Ssarch 1 Haip!Links to tit*World Minnesota Senate House J Senate } Legislation&Bill Status i Laws,Statutes&Rules 1 Joint Depts. &Commissions KEY: ctrick_an = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. Authors and Status ■ List versions S.F No. 2709, 1st Engrossment: 83rd Legislative Session (2003-2004)Posted on Mar 25, 2004 1.1 A bill for an act 1.2 relating to airports; requiring a chapter on aviation 1.3 planning in the state transportation plan; creating an 1.4 advisory council on aviation planning; amending 1.5 Minnesota Statutes 2002, section 174.03, by adding a 1.6 subdivision; proposing coding for new law in Minnesota 1.7 Statutes, chapter 174. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 174.03, is 1.10 amended by adding a subdivision to read: 1.11 Subd. 2a. [STATE AVIATION PLAN. ] (a) Each revision of the 1.12 state transportation plan must include a chapter setting out a 1.13 state aviation plan. The plan must include the following: 1.14 (1) an analysis of the projected commercial aviation needs 1.15 of the state over the next 20 years; 1.16 (2) a description of the present capacity, function, and 1.17 levels of activity at each commercial service airport as 1.18 designated by the Federal Aviation Administration, each airport 1.19 that the commissioner determines is likely to become a 1.20 commercial service airport in the next 20 years, and any other 1.21 airport that the commissioner determines should be included by 1.22 reason of commercial passenger or cargo service levels; and 1.23 (3) a description of the capacity, function, and levels of 1.24 activity that each airport identified in clause (2) must have in 1.25 order to carry out the plan's goal and objectives and meet the 1.26 needs described under clause (1) . 2.1 (b) In assessing aviation needs and the capacity, function, 2.2 and level of activity at any airport, the plan must consider 2.3 both commercial passenger service and cargo service. 2.4 Sec. 2. [174.032] [ADVISORY COUNCIL ON AVIATION PLANNING.] 2.5 Subdivision 1. [ADVISORY COUNCIL CREATED.] (a) The 2.6 commissioner shall create an advisory council on aviation 2.7 planning to advise the commissioner on the aviation chapter of 2.8 the state transportation plan. The council consists of the 2.9 following members appointed by the commissioner except where 2.10 otherwise provided: 2.11 (1) one member of the Metropolitan Airports Commission; 2.12 (2) one representative of major commercial airlines; 2.13 (3) one representative of independent pilots who fly for 2.14 small business; 2.15 (4) one representative of the air cargo industry; 2.16 (5) two representatives of the business community unrelated 139 http://w w.revisor.leg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=ls$3&sessio... 05/26/2004 S.F No. 2709, 1st Engrossment Page 2 of 3 2.17 to aviation, one of whom must reside within the seven-county 2.18 metropolitan area and one of whom must reside outside that area; 2.19 (6) one representative of environmental interests; 2.20 (7) one employee of the Department of Transportation's 2.21 Office of Aeronautics; 2.22 (8) two representatives of neighborhoods that are 2.23 significantly affected by airplane noise; 2.24 (9) one representative of tier-two airports (St. Cloud, 2.25 Duluth, Willmar, and Rochester) ; 2.26 (10) one member of the senate committee having jurisdiction 2.27 over transportation policy, appointed by the chair of that 2.28 committee; and 2.29 (11) one member of the house of representatives committee 2.30 having jurisdiction over transportation policy, appointed by the 2.31 chair of that committee. 2.32 (b) Members of the advisory council serve at the pleasure 2.33 of the appointing authority. Members shall serve without 2.34 compensation. 2.35 Subd. 2. [ADVISORY COUNCIL DUTIES.] (a) The advisory 2.36 council on aviation planning shall advise the commissioner on 3.1 the aviation planning chapter of the state transportation plan 3.2 required under section 174.03, subdivision 2a. In carrying out 3.3 these duties the advisory council shall prepare an initial draft 3.4 of the chapter and submit it to the commissioner, revise the 3.5 draft if so requested by the commissioner, and comment to the 3.6 commissioner on any revisions to the draft the commissioner 3.7 makes. In drafting the chapter the council shall consider: 3.8 (1) present and anticipated capacity needs of commercial 3.9 service airports, including limitations on expanding the 3.10 capacity of individual commercial service airports imposed by 3.11 state or local regulations, safety or environmental concerns, 3.12 and land uses near the airport that are incompatible with 3.13 airport operations; 3.14 (2) the needs of Minnesota residents and businesses for 3.15 passenger and cargo service, from both a statewide and regional 3.16 perspective; 3.17 (3) anticipated changes in commercial aircraft types and 3.18 characteristics; 3.19 (4) noise and other environmental impacts of aviation at 3.20 commercial service airports; 3.21 (5) trends in the aviation and airline industries; and 3.22 (6) relationship between aviation and other forms of 3.23 transportation covered by the state transportation plan. 3.24 (b) The advisory council may also make recommendations to 3.25 the commissioner, the Metropolitan Airports Commission, and the 3.26 legislature concerning the policy steps needed to implement the 3.27 chapter. 3.28 Subd. 3. [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 3.29 The commissioner shall appoint the first advisory council by 3.30 July 1, 2004. The council shall submit any recommendations it 3.31 makes to the legislature by January 15, 2005. The terms of all 3.32 members of the advisory council serving on July 1, 2004, expire 3.33 on January 1, 2006. 3.34 (b) The commissioner shall appoint and convene a new 3.35 advisory council not less than two years before the date on 3.36 which each revision of the state transportation plan is required 4.1 under section 174.03, subdivision la. Each such advisory 4.2 council must consist of members as prescribed in subdivision 1, 4.3 who shall serve on the same terms as set forth under subdivision 4.4 1. Each such advisory council expires on the date on which the IyD http://wmv.revisor.ieg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=lsS3&sessio... 05/26/2004 S.F No. 2709, 1st Engrossment Page 3 of 3 4.5 revision of the state transportation plan becomes final. 1—f http://www.revisor.leg.state.mn.us/cgi-bintgetbill.pl?Version=latest&session=1s83&sessio... 05/26/2004 CITY COUNCIL AGENDA DATE: June 1, 2004 SECTION: Reports of Officers DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: OCM/Finance 2003 Comprehensive Annual Financial Report Sue Kotchevar Finance Manager (CAFR) • L Scott Neal, City Manager Requested Action: Move to: Accept the 2003 Comprehensive Annual Financial Report(CAFR). Synopsis Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Kern,DeWenter,Viere,Ltd. Steve Wischmann,Partner in the accounting firm will make a presentation of the financial report.In general,the City's financial conditions and control procedures are sound. Attachment 2003 CAFR Management Letter