HomeMy WebLinkAboutCity Council - 10/04/2005 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP
& OPEN FORUM/OPEN PODIUM
TUESDAY, OCTOBER 4, 2005 RILEY-JACQUES BARN
9096 RILEY LAKE ROAD
5:00—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case,
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, Communications Manager Pat Brink, Assistant to the City
Manager Michael Barone, City Attorney Ric Rosow, and Recorder Deb Sweeney
I. TRAIL MASTER PLAN (5:30 p.m.)
II. FIRE TRUCK DEDICATION (6:30 p.m.)
III. OPEN PODIUM (6:50 p.m.)
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,OCTOBER 4,2005 7:00 PM,CITY CENTER
Riley-Jacques Barn
9096 Riley Lake Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, 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 Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
1I. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 20,2005
B. CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 20,2005
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BLUFF COUNTRY VILLAGE 2002 by Trek Development.Adopt the
Resolution granting extension to the developer's agreement and site plan
approval. (Resolution for extension to the developer's agreement and site plan
approval)
C. APPROVE PROPOSAL FROM ST. CROIX ENVIRONMENTAL TO
COMPLETE IMPLENTATION OF THE CITY'S WELLHEAD
PROTECTION PLAN,I.C. 00-5515
D. AWARD CONTRACT FOR SAND/SALT STORAGE FACILITY,
I.C. 00-5519
E. ADOPT RESOLUTION ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM AS THE INCIDENT MANAGEMENT
SYSTEM TO BE USED BY THE CITY OF EDEN PRAIRIE
CITY COUNCIL AGENDA
October 4, 2005
Page 2
F. APPROVE CHANGE ORDER A-2 FOR BUILDING REPAIRS AT THE
J.R. CUMMINS HOUSE
G. ADOPT RESOLUTION AUTHORIZING ISSUANCE OF$2,690,000
GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 2005B
H. ACCEPT PROPOSAL FROM GREENSIDE INC.TO PERFORM SNOW
REMOVAL AT CITY CENTER,DEN ROAD LIQUOR,FIRE STATIONS
12 & 3 AND BUILDING 51 FOR 2005-2006 WINTER SEASON
I. AWARD CONTRACT FOR CONCRETE REPAIRS AT 12-CITY OWNED
BUILDINGS TO METRO CONCRETE
J. AWARD CONTRACT FOR ROOF REPLACEMENT AT STARING LAKE
SHELTER AND MILLER ICE RINK SHELTER TO SELA ROOFING
VII. PUBLIC HEARINGS/MEETINGS
A. EDEN PRAIRIE TECH CENTER by Mount Properties. Request for Planned
Unit Development Concept Review on 16.47 acres;Planned Unit Development
District Review with waivers on 5.01 acres; Zoning District Amendment in the I-
5 Zoning District on 5.01 acres; Site Plan Review of 16.47 acres;Preliminary Plat
of 16.47 acres into one lot and one outlot. Location: 6509 Flying Cloud Drive.
(Resolution for PUD Concept Review,Ordinance for PUD District Review
with waivers and Zoning District Amendment,Resolution for Preliminary
Plat)
B. EDEN BLUFF CORPORATE CENTER I by United Properties.Request for
Planned Unit Development Concept Review on 36.8 acres;Planned Unit
Development District Review with waivers on 18.47 acres;Zoning District
Change from Rural to Office on 18.47 acres; Site Plan Review of 18.47 acres;
Preliminary Plat of 36.8 acres into one lot and two outlots. Location: Charlson
Road and Hwy 212. (Resolution for PUD Concept Review,Ordinance for
PUD District Review with waivers and Zoning District Change,Resolution
for Preliminary Plat)
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTIONS 2.23 ESTABLISHING A CONSERVATION COMMISSION
B. SCHUBERT OUTDOOR ADVERTISING,INC. Adopt Resolutions
reaffirming staff decision to deny permits for two outdoor advertising signs.
(Resolutions reaffirming staff decision to deny permits for two outdoor
advertising signs)
CITY COUNCIL AGENDA
October 4, 2005
Page 3
X. PETITIONS,REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Bryant Lake Water Ski Team Request
2. Park Sign Designs
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
1. Fire Station Bids
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
ITEM NO.: V.A.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL AND SCHOOL BOARD JOINT MEETING
OPEN FORUMIOPEN PODIUM
TUESDAY,SEPTEMBER 20,2005 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM H
6:30—7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
SCHOOL BOARD: Chair Jill Scholtz,Vice Chair Barbara Gabbert,Board Members Carol
Bomben, Ann Haines, Phil Rose, Greg Olson, Tim Fox
SCHOOL DISTRICT STAFF: Superintendent Melissa Krull, Executive Director of Business
Services Patricia Magnuson, Director of Student Services Gretchen Durkot,Executive Director
of Educational Services Larry Leebens, Communications Director Camie Melton Hanily
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, Communications Manager Pat Brink,
Assistant to the City Manager Michael Barone, City Attorney Ric Rosow,Economic
Development Coordinator Dave Lindahl, and Recorder Deb Sweeney
Heritage Room II
I. METHAMPHETAMINE LABS &USE—CAROL BOMBEN
School Board member Bomben shared that her eyes had been opened by a County
presentation on meth labs and meth use. She asked if the Council had looked at this
issue. Mayor Tyra-Lukens said it had not. Currently there are about 5 labs a year in
Hennepin County, vs. 27 in Anoka County. The problem is spreading from rural areas.
Police Chief Dan Carlson said police sometimes find abandoned containers, or the City
gets fire calls related to suspected meth labs. Two years ago there was a large meth lab in
a twin home. The ATF was brought in and a federal grant handled the expensive
cleanup. Neal noted a draft ordinance on meth lab cleanup is almost ready to be
presented to the Council.
Bomben said the problem is use as well as labs. School board member Ann Haines
concurred. Meth use is growing among suburban students,who use it to boost energy for
activities and study. The community should seek opportunities to look at this issue,
whether on a staff or board level.Meth destroys families and can impact the best and
brightest. Bomben agreed to notify Councilmembers of future workshops and to share
information from the packet.
II. ANDERSON SCHOOL/COMMUNITY CENTER LAND EXCHANGE IDEA—
SCOTT NEAL AND BOB LAMBERT
Superintendent Melissa Krull said efforts to raise funds to restore and move the Anderson
School schoolhouse are progressing well. Preliminary discussions proposed locating the
schoolhouse at Prairie View. The new idea proposes locating it at Oak Point School.
Anderson School task force leader Betsy Adams explained this site makes the
schoolhouse accessible to all Eden Prairie students, fits well with the Oak Point history
curriculum, and provides an attractive site for the school. It would, however,require a
land swap.
Neal explained the proposed site is City land. It is located across Staring Lake Parkway
from Oak Point. The small existing parking lot would serve the schoolhouse. In return,
the district is proposing to swap the land just south of Eagle Way,the east entrance to the
High School. Lambert said this land would be needed were the Community Center to
add a new rink. The City is already maintaining the land. In addition,the Staring Lake
parcel is already almost all school use. It would be an even swap of 59,706.73 square feet
of school property for 59,703.70 square feet of City property. The swap would benefit
both sides.
Tyra-Lukens said the swap would benefit the City even without the schoolhouse. In
addition,the Oak Point site has more drive-by and allows all the students in the district to
utilize it. Krull said other districts might use it as well. Case noted the parcel was given
to the City in negotiation for the townhome development agreement, and that Minnesota
History is now part of the sixth grade state standards. It is great how all these pieces come
together.
School Board Member Greg Olson asked if losing the parking lot would be a problem for
school events. Case said the lot is rarely used and shouldn't create a conflict.Adams
clarified the lot would remain,with the schoolhouse sited to the west of it. Butcher
remembered the Cahill schoolhouse program from when her kids were young and
wholeheartedly supported the swap. Adams thanked the Board and Council for their
advocacy,noting neither the City nor the School District is contributing any funds.
IH. DEBRIEFING ON 2005 SUMMER EMERGENCY EXERCISE AT EDEN
PRAIRIE HIGH SCHOOL—DAN CARLSON
Carlson and Sergeant Jim Morrow explained the City conducted a joint training with
several neighboring cities this summer simulating a school shooting at Eden Prairie High
School. Over 194 emergency personnel participated in the 5-hour training. The primary
objective was to work on police/fire relationships. Previous training exercises revealed a
need to do cross training, so fire personnel would have a basic understanding on tactical
coordination and police would better understand rescue operations. This kind of
coordination is rarely done, but with new threats, it is important for both fire and police to
be able to go into an unsecured area and rescue people out. The exercise was loosely
based on the school hostage situation in Chechnya, where terrorists took over a school.
Carlson noted the FBI hostage team is five hours out, so it is important for local forces to
be able to react. Through the scenario, fire, police, and medical personnel all learned a
great deal. Hosting the scenario was a huge win for the community. Now, many
personnel have first-hand experience of our high school. In addition,the exercise
promoted a paradigm shift. Traditionally, forces will hang back until an area is secure, or
wait out a hostage taker to avoid provoking more shootings. With an"active shooter,"
the mindset needs to change. Carlson noted that after an"explosion"in the building, fire
moved in within 14 minutes and rescued people out—unheard of. The metro area is a
nationwide model for how to do scenarios and drills.
Haines asked if the police had any recommendations for the district. Carlson said school
staff observed the exercise, and police talked to security at the high school about it.
Scholtz applauded their leadership. Carlson noted the exercise cost about$20,000,which
was funded by a federal grant.Aho said this was a bargain. Carlson said the department
does build in overtime for training and takes a preventative stance. Tyra-Lukens thanked
the district for the use of the building.
IV. HIGHWAY 212 PROJECT—GENE DIETZ
City Engineer Gene Dietz updated the group on Highway 212 construction,using a wall
map. Tree cutting will start this week. Thursday,they will start driving piles for the Dell
Road bridge.November 1st will see the construction of a new Dell Road entrance to
Miller Park. The Candlewood Parkway entrance to Miller Park will be closed,with a
pedestrian bridge offering access from that neighborhood.
Eden Prairies portion will be complete at the end of 2006,with the road extending to
Powers Blvd. in fall 2007 and to Cologne in 2008. The overall cost is$238 million.
Dietz said the completion of Scenic Heights Road all the way to Dell Road would help
the City a great deal with traffic and bus routing.
Lindahl asked how the completed 212 would impact traffic on T.H. 5 and Pioneer Trail.
Dietz said this in unknown, but it is expected to alleviate traffic and make the intersection
of T.H. 5 and County Road 4 work better. Olson asked about the Flying Cloud
Drive/Prairie Center Drive intersection.Dietz said it would be done this week. The
Mitchell Road and Technology Drive intersection will go well into November due to the
complexity of doing the project while keeping the road open for emergency vehicle
access. The Anderson Lakes overpass over Highway 169 will be complete next month.
Work on Interstate 494 northbound will continue through the end of next year.
V. ECONOMIC DEVELOPMENT UPDATE—DAVE LINDAHL
Economic Development Coordinator Dave Lindahl reported the Eden Prairie economy is
thriving. A few years ago, there was much concern after several office spaces became
vacant. Best Buy moved out, and ADC hit hard economic times. Today, Eden Prairie
office development has many exciting developments. Wells Fargo is moving 600-800
employees into the ADC building. Kroll and CH Robinson are both aggressively growing
and swapping around office space. CH Robinson is building a new 150,000 square foot
building in the Eden Bluff Corporate Center, and there may be one or two more.
Stratasys is leasing two buildings off Martin Drive and looking to add another 250,000
square feet,preferably on-site to form a corporate campus.
Development in the Golden Triangle area is also looking up. Vacancy rates were 50%
three years ago, but are just 20%today. The William Austin Center has brought in 1,000
employees. Foss Swim School will have a corporate headquarters and a new pool. The
old Best Buy building has been bought and will be rented out. The future of Vikings
Winter Park remains uncertain if a stadium deal goes through. The City is seeking a seat
at the table. The area does have good potential for redevelopment should the Vikings
relocate.
The City currently has three parcels for sale: residual land from the fire station, slated for
neighborhood commercial,the old police station lot for commercial mixed use, and a
Columbine Road parcel,4.5 acres prime commercial,which could possibly support mid-
rise condos with restaurants or retail on the first floor. The City is also conducting a
survey of businesses to see if efforts at improving communication have been effective.
Scholtz asked how the economic development might impact commuter patterns.
Jeremiah said the LRT project is generating figures out to 2030. Congestion will worsen
substantially without transit. The new 212 should help, as would an LRT or dedicated
busway, particularly attractive to commuters. Jeremiah noted the Hiawatha LRT serves
recreational users as well.
VI. COMMUNITY DEMOGRAPHICS UPDATE—JANET JEREMIAH
Jeremiah said demographers expect the population in the metro area to increase by a
million people by 2030,with half a million new households and over 600,000 new jobs.
The City is working with the Met Council to update its 20-year comprehensive plan.
Eden Prairie monitors new housing units to estimate population. As of January 1St,the
estimated population will be 62,811. Jeremiah predicted regional growth will create
development pressure,with more infilling as large single-family parcels are developed.
The main place to add residents is the Metro Center Area,which should be made more
walkable and transit oriented. There is also potential to add residents in the Golden
Triangle area,whether though condos,mid-rises, or even high-rises. The City will also
look at its affordable housing plan. Jeremiah invited the Board to participate in the
process and to attend the MCA Open House September 27th.
Olson asked if there would be a lot of kids in that growing demographic. Jeremiah said
there would definitely be more kids,but since there will be more multifamily housing,the
average household size will go down. Single-family homes average 2.8 people;
apartments and townhomes average 2.1. Olson said seeing the City projections would be
helpful for district planning. Lindahl said the City used to be very involved with the
district forecast and working together made sense.
VII. HURRICANE KATRINA RESPONSE
Neal said although Eden Prairie is not expecting evacuees now, he had talked to Krull
about their potential impact on the schools. Fire Chief George Esbensen said the City
volunteered early to help, but lack of coordination in New Orleans means we have not yet
been called to help. It will be a long recovery, so it's likely the City will help in the
future. The City is honoring FEMA's request to go through official channels.Firefighters
did help with Channel 9's collection of supplies.
Tyra-Lukens asked about the impact on the schools. Krull said the district is ready to
accept any students if the City accepts evacuees into housing. The school district
employee charitable drive has been moved up and will run longer.
Haines asked how the schools could assist in a time of disaster, as an evacuation site, for
example.Esbensen said the City plans for all different kinds of hazards,together with its
partners. The Red Cross is in charge of congregate care and has already contacted schools
and churches so they may be called upon when needed to provide shelter.
Council Chamber
H. OPEN FORUM
A. TAXES AND SPENDING—PAUL WENDORFF
Resident Paul Wendorff announced the formation of the Eden Prairie Taxpayers
Alliance,which aims to collect data on City budgets, inform the residents, and
comment on the budget. Wendorff expressed concern about increases in spending.
He said the Alliance would be active in the coming budget and levy process.
M. OPEN PODIUM
There were no speakers for Open Podium.
IV. ADJOURNMENT
ITEM NO.: V.B.
UPAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,SEPTEMBER 20,2005 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy T ra-Lukens Councilmembers Brad Aho Sherry Butcher
Ron Case, and Philip Young. Councilmember Case arrived at 7:16 p.m. and departed at 7:57
p.m. due to work commitments.
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 Deb Sweeney.
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. She announced the next City
Council Workshop and Meeting will be held at the Riley Jacques Barn and recorded for
later broadcast. Butcher noted the Riley Jacques Barn recently received an award from the
Historical Preservation Alliance of Minnesota, the third such award for Eden Prairie.
Since a thousand barns are destroyed in Minnesota each ear, the reservation of this barn
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from the 1920s is significant. The Riley Jacques Barn is available for rent and has already
been used for numerous community functions. There will be a series of short plays on
October 7, 8, and 9.
Councilmember Case arrived at 7:16 p.m. and departed at 7:57 p.m. due to work
commitments.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
V. RECOGNITION OF 2005 NPRA NIRI EXCELLENCE IN INCLUSION AWARD
FOR CARLA KRESS
This item moved up in the agenda to accommodate the ABC students. Tyra-Lukens
announced City employee Carla Kress was presented with the National Recreation and
Park Association National Institute on Recreation Inclusion 2005 Excellence in Inclusion
Award at the Annual NIRI Conference in Palm Springs, California, for her significant
and consistent impact on the leisure field as it pertains to the inclusion of persons with
disabilities. This was a national award given to just one recipient. Kress thanked the City
for supporting her efforts to promote inclusion. Tyra-Lukens congratulated Kress on her
award.
CITY COUNCIL MINUTES
September 20,2005
Page 2
IV. INTRODUCE AND WELCOME ABC STUDENTS
Students and resident directors of the ABC house introduced themselves to the Council.
Tyra-Lukens welcomed them to the community and invited the community to support
ABC through its 5K walk/run fundraiser this Saturday, at Staring Lake at 8 a.m.
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal added several brief items to the City Manager's Report. Tyra-Lukens added two
items to Reports of Councilmembers. Aho added one item to Reports of
Councilmembers.
MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and
amended.Motion carried 4-0.
VII. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 6,2005
MOTION: Aho moved, seconded by Young, to approve the Council Workshop
minutes as published. Motion carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6,2005
MOTION: Butcher moved, seconded by Aho, to approve the City Council
minutes as published. Motion carried 4-0.
VHI. CONSENT CALENDAR
A. APPROVE THREE TEMPORARY PERMIT-TO-CONSTRUCT
DOCUMENTS FOR THE TH 212 DESIGN-BUILD PROJECT,I.C. 93-5305
B. ADOPT RESOLUTION NO.2005-111 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF SPECIAL
ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE
C. ADOPT RESOLUTION NO.2005-112 APPOINTING ELECTION JUDGES
FOR THE NOVEMBER 8,2005,PARK REFERENDUMISCHOOL
DISTRICT ELECTION
D. PROCLAIM OCTOBER TOASTMASTERS MONTH
E. AWARD BID FOR ONE NEW RESCUE BOAT
CITY COUNCIL MINUTES
September 20,2005
Page 3
MOTION: Young moved, seconded by Butcher,to approve Items A-E on the Consent
Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. EDENVALE HIGHLANDS 2No(THE PRESERVE AT EDENVALE)by
Calhoun Development.Request for Planned Unit Development Concept Review
on 22.7 acres; Planned Unit Development District Review with waivers on 22.7
acres; Zoning District Change from Rural to R1-13.5 on 22.7 acres; Preliminary
Plat of 22.7 acres into ten lots, one outlot and road right-of-way. Location: 15598
Michele Lane. (Resolution No.2005-113 for PUD Concept Review, Ordinance
for PUD District Review with waivers and Zoning District Change,
Resolution No.2005-114 for Preliminary Plat)
Neal noted this is a 10-lot single-family development.It requires PUD waivers for
railroad lot depth and cul-de-sac length.A trail easement is recommended to plan
for a trail along the Purgatory Creek corridor at a future date. The biggest change
is that instead of being balanced for the amount of cut and fill, the project may
require 8,000 yards of fill. This would require approximately 650 dump truck
loads, fewer loads if belly dumpers are to be used. The developer will be required
to provide a bond to cover any potential damage to the public roads serving the
property. The Planning Commission voted 6-0 to recommend approval of the
project to the City Council at its August 22,2005 meeting. `
Councilmember Case arrived at 7:16 p.m.
Resident Jeff Strate of 15021 Summerhill Drive expressed concerns over the large
amount of fill. He also questioned the railroad setback, saying the right-of-way
could accommodate two set of tracks and it is a high right-of-way, above the
house. He requested looking into rainwater gardens as an alternative to nurp
ponds for drainage. The cul-de-sac and the rooftops will create a lot of impervious
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surface, and other communities have found rainwater gardens to be effective.
Young expressed concerns about the dump trucks, as they would be going down
his street. He asked how unusual this amount of fill is and requested details on
the trucking schedule. He said the fill issue had not been mentioned at the
neighborhood meeting.
Dietz said he couldn't give a global "average,"but the nearby development on the
west side of the hill by the same developer had required more trucking. Residents
of the affected street,Alpine Trail,were very appreciative of the developer's
conscientious efforts to accommodate them. He said speed limits could be
imposed.
CITY COUNCIL MINUTES
September 20,2005
Page 4
The developer, Floyd Calhoun of Edina,MN, explained he didn't know about the
fill issue at the time of the neighborhood meeting. The Alpine Trail development
had twice as many truckloads, but the neighbors were still happy. Safety for kids
is the top issue. Calhoun said a 20 m.p.h. speed limit is part of his contracts and
violators are permanently dismissed. He notifies residents with hand-delivered
notices whenever trucking is planned and asks for their help in monitoring safety.
The Alpine Trail project required hourly trucks for about 10 days of work. He
gave gift certificates to the neighbors for their inconvenience and also worked to
accommodate special needs, such as landscape restoration for a wedding. Calhoun
characterized 8,000 yards of fill as a moderate amount.
Young asked when the hauling would occur. Calhoun said usually halfway
through the grading process. Neighbors would be notified door-to-door about a
week ahead. Normal hauling hours are 8:30—3:30,which coincides with school
hours.
Case said the developer's responsiveness was commendable and noted 8,000
yards is a small amount compared to some others. The Council once voted on the
project with a proposed 1,000,000 yards of fill,which would have required 50,000
trucks over two years. Some filling and removal of fill is normal.
Tyra-Lukens asked about rainwater gardens. Dietz said the City does not
routinely examine this possibility, but endorses it when proposed. Tyra-Lukens
asked Dietz to look into the possibility for this site. She wondered if the
maintenance would be less than a nurp pond would require. Dietz said it's a
different kind of maintenance,but some is still required.
MOTION: Butcher moved, seconded by Case,to close the Public Hearing, adopt
Resolution No. 2005-113 for Planned Unit Development Concept Review on 22.7
acres; approve 1 st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Change from Rural to R1-13.5
on 22.7 acres; adopt Resolution No.2005-114 for Preliminary Plat on 22.7 acres
into ten lots, one outlot and road right-of-way; and direct Staff to prepare a
Development Agreement incorporating Staff and Board recommendations and
Council conditions, including examining the possibility of rainwater gardens.
Motion carried 5-0.
B. FIRST READING OF ORDINANCE NO. 19-2005 ESTABLISHING
A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL
CONTROLS
Neal said this is a new Ordinance to be added to Chapter 25 of the City Code.
This Ordinance establishes a fee schedule for the City's costs in administering
Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Neal
characterized this as"the ultimate housekeeping item." State statute requires fees
CITY COUNCIL MINUTES
September 20,2005
Page 5
to be set by ordinance,nor resolution;that is the only change. There is no change
in the fee amounts from Resolution No. 2004-167 and this Ordinance.
MOTION: Case moved, seconded by Aho,to close the Public Hearing and
approve 1st Reading of Ordinance No. 19-2005 establishing a Fee
Schedule for Administration of Official Controls. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Young moved, seconded by Aho,to approve Payment of Claims as submitted.
The motion carried on a roll call vote with Aho,Butcher,Case,Young,and Tyra-
Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. SECOND READING OF ORDINANCE NO. 19-2005 ESTABLISHING A
FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS
AND ADOPT RESOLUTION NO.2005-115 APPROVING SUMMARY
ORDINANCE
Neal noted the first reading of the Ordinance was addressed under the Public
Hearing section of the agenda.
MOTION: Aho moved, seconded by Young,to approve 2nd Reading of
Ordinance 19-2005 establishing a Fee Schedule for Administration of Official
Controls, and adopt Resolution No. 2005-115 approving summary Ordinance for
publication. Motion carried 5-0.
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
XHI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
A. STUDENT REPRESENTATIVES ON COMMISSIONS
Neal explained 16 applications were received. Three students are being appointed
to each Commission. All student terms begin in October 2005 and end in May
2006. An orientation session will be held for the student representatives on
Wednesday, September 28, 2005, before they begin serving on their Commission.
The orientation will include general information on City government,the City
Council, as well as Commission structure and function.
MOTION: Case moved, seconded by Butcher,to appoint Danny Crichton,
Graham Kist, and Ali Neugebauer to the Parks,Recreation and Natural Resources
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September 20,2005
Page 6
Commission to terms beginning October 2005 through May 2006. Motion carried
5-0.
MOTION: Case moved, seconded by Aho,to appoint Jill Bartel,Rori Costello,
and Sandra Moran as Student Representatives to the Human Rights and Diversity
Commission t n o terms beginning October 2005 through May 2006.Motion carried
5-0.
MOTION: Aho moved, seconded by Case, to appoint Danny Dunleavy,Anna
Hewitt, and Jennifer Nicklay as Student Representatives to the Heritage
Preservation Commission to terms beginning October 2005 through May 2006.
Motion carried 5-0.
MOTION: Young moved, seconded by Aho,to appoint Sarah Erickson,Michael
Kientzle, and Rui (Grace)Li as Student Representatives to the Arts and Culture
Commission to terms beginning October 2005 through May 2006. Motion carried
5-0.
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Upcoming City Events—Mayor Tyra-Lukens
Tyra-Lukens reminded citizens about the MCA Open House,to be held
September 27,2005 at 7 p.m. in the Community Rooms on the lower level
of Eden Prairie Center, and the Town Meeting on the Parks Referendum,
to be held October 1 lth at 7 p.m. in the Council Chamber.
2. Budget and Tax Planning--Mayor Tyra-Lukens
Tyra-Lukens said there seemed to be a desire among Councilmembers to
reduce the budget and levy less than the maximum set at the last meeting.
Staff has already tried to trim the budget, and Council did reject their
Human Services cuts. Tyra-Lukens asked Councilmembers to come to the
October 4th meeting with specific ideas of programs to cut. This timeline
would allow staff to determine how much could be saved from those cuts.
Young said he required information on City departments to make such
recommendations and had requested it, but not received it. He especially
wanted to look at departments with increases about COLA and employee
benefit costs. His ability to respond for the October 4th meeting is
dependent on getting that data. Aho agreed data is needed and said he had
made some recommendations already.Neal said the information is being
prepared and a detailed line item budget would go out in the Friday
CITY COUNCIL MINUTES
September 20,2005
Page 7
Council packet. Tyra-Lukens reiterated that recommendations would need
to go beyond minor adjustments to real service changes and urged
Councilmembers to think about what changes to recommend.
3. Urban Land Institute—Councilmember Aho
Aho shared he had attended a presentation by the Urban Land Institute, for
which Charleston, SC Mayor Joe Riley was the speaker. Two main points
regarding redevelopment were to always ask how even the most
unglamorous project could be made beautiful, and to use redevelopment of
one keystone property to revitalize an entire neighborhood. Since Eden
Prairie is beginning to face redevelopment, some lessons can be learned.
Butcher noted that by intertwining historic preservation and economic
development, Charleston has become a tourist hub.
B. REPORT OF CITY MANAGER
1. Updates
Neal welcomed Boy Scout Ben Cutler to the meeting. He shared the City
hosted ten public works directors from Australia. Neal also said Staff are
working on the report on Human Services that was requested by the
Council.
2 DVD on City for China Trip
Neal said the City is developing a 5-10 minute DVD about Eden Prairie,
which will be taken to China by Superintendent Krull as part of the
Governor's trade delegation. City employee Lisa Wu will do the Chinese
narration. One of the hopes is to make a connection with a sister city.
Tyra-Lukens asked if the DVD would be produced in English also. It
would be useful.Neal agreed this was a good idea.
3. Life on the Prairie
Neal urged residents to watch this excellent program,which airs Monday,
Wednesday and Friday at 10 am, 2 pm, and 11pm; Tuesday and Thursday
at 10 am,2 pm, 6:30 pm, and 11 pm; and Saturday and Sunday at 9 am,
6:30 pm, and 10 pm.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Lower Purgatory Creek Conservation Area Trail Plan
CITY COUNCIL MINUTES
September 20,2005
Page 8
Lambert explained the City is developing plans for three trail systems.
Edenbrook and Riley Creek have already been approved. Lower Purgatory
Creek is the last of the three. All residents within 1000 feet of the trail
were notified, generating 14 volunteers who worked on the plans
throughout the spring and summer. Lambert noted the most challenging
issue requires a land swap.
Trail development consultant Jeff Schoenbrauer gave an overview of the
process and the final plans. In addition to the task force, he met with 12
different individuals and groups to address concerns. An open house was
attended by about 60 people. There was overwhelming support for a
natural trail vs. a multiuse trail. The trail will be a single track, occasionally
widening so two can walk abreast. Because of the ravine topography,there
will be 10-12 bridges, simple wood structures.
The proposed first phase would be from the entry point at Homeward Hills
Park south to the entry point at Gantry Way. The estimated cost for the first
phase of this trail project is $168,500; and the total cost for all phases is
$449,500. The City has petitioned the Watershed District to fund fifty-
percent of the cost of these projects. Schoenbrauer noted several areas on
the map where plans had been adjusted to fit residents' needs.
The biggest adjustment is a proposed property swap with resident Greg
Mortenson to create an entrance point. The City's outlot is constricted, has
an unfavorable grade, and abuts outdoor living space used by Mortenson.
The plan proposes an even swap of 17,000 square feet(about one-half
acre),where the City would get a more favorable piece of land for its
entrance and Mortenson would get the current City outlot. The other
neighbor to the new entry approves the swap. Lambert noted it would be a
warranty deed for warranty deed swap.
Councilmember Case left the meeting at 7:55 p.m.
Schoenbrauer said the$450,000 cost estimate is conservative and may
come in lower. He invited task force members to comment. Mortenson
thanked the City for it responsiveness to his issue. John McNeill, of 11105
Bluestein Lane, said he was very satisfied with the openness and
completeness of the process. Not everyone in the neighborhood may be in
favor of the project, but it does fit the neighborhood and the expectations
he had when he purchased his home. Tyra-Lukens thanked the task force
members for their input.
Butcher asked about parking for the trail. Schoenbrauer said Homeward
Hills park provides some parking, and another lot will be added on the
southern end when the trail goes through.
CITY COUNCIL MINUTES
September 20,2005
Page 9
Lambert asked the Council for a motion to approve the land swap concept.
He explained the next step would be final approval of the master plan and
phasing at the October 40'workshop. The plans would then go in the CIP
and the City would approach the watershed district to fund 50%of the cost.
Tyra-Lukens asked if the projects were prioritized if the watershed district
could not fund them all.Lambert said yes. It is also possible the City would
need to fund the projects upfront and be paid back by the watershed district
over a period of eight years.
MOTION: Aho moved, seconded by Butcher,to approve the Lower
Purgatory Creek Conservation Area Trail Plan as per the recommendation
of the Parks,Recreation and Natural Resources Commission, the Lower
Purgatory Creek Conservation Area Trail Planning Committee and the
consultant. Motion carried 4-0.
MOTION: Butcher moved, seconded by Aho,to approve the land swap
concept to create a trail access to the proposed Lower Purgatory Creek
Conservation Area Trail. Motion carried 4-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
XVH. ADJOURNMENT
MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried
4-0. The meeting adjourned at 8:10 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.A.
Christy Weigel, Police/ Clerk's License Application List
Community Investigations Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Amendment to Liquor License
2AM Closing Permit—Renewal
Leiserv, Inc
DBA: Brunswick Eden Prairie Lanes
12200 Singletree Lane
Eden Prairie,MN 55344
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B.
Community Development/Planning Bluff Country Village 2002
Janet Jeremiah
Requested Action
Move to:
• Adopt the Resolution granting extension to the developer's agreement for Bluff Country
Village 2002 project and site plan approval by Trek Development
Synopsis
Hustad Investments is requesting a one year extension of the development agreement..
Background
Hustad Investments received City Council approval for Bluff Country Village 2002 for 94
apartment units, 37,000 square feet of commercial, a 10,000 square foot office building, and a
10,000 square foot daycare located at Hennepin Town Road and Pioneer Trail on October 15,
2002.
A condition of the development agreement states that if the developer does not proceed with the
project within twenty-four(24)months of the date of agreement,the developer would not oppose
City's reconsideration and rescission of any rezoning, site plan approval and/or guide plan
change approval,thus restoring the status of the property before the project was approved.
On October 5, 2004 the City granted Trek Development a one year extension.
Staff recommends granting the extension.
Attachments
1. Letter from Trek Development dated September 19, 2005.
2. Resolution for Extension to the Developers Agreement
4
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5
September 19,2005
Michael Franzen
City of Eden Prairie
Community Development
RE. Request for a second 12-month extension for Bluff Country Village 2002
Amendment
On September 23,2004 I requested a 12-month extension for the approvals granted by
the City of Eden Prairie on October 15,2002 to Trek Development Corporation for Bluff
Ir Country Village 2002 Amendment..(See attached), I would like to request an additional
I2-month extension for the project
The property owner,Hustad Investment Corporation("HIC"), is currently negotiating the
sale of a portion ofthe site with a buyer. The extension will allow the buyer to progress
with the approval process in a systematic,timely and orderly manner.
Other developments in the last year are that the construction and upgrade of Hwy 169 is
complete;the site has been defined by the roadway upgrades,and as a result HIC is now
able to plan and market the parcels;the proposed daycare site has changed because
MNDOT made changes to the plan; and HIC has engaged Tom Hogan and Gene
Haugland of Haugland Company to proceed with marketing and developing the site.
Thank you in advance for your time and consideration in this matter. Please contact me at
952-914-9610 with any questions or concerns..
Sincerely,
Beth Simenstad,President
Trek Development,Inc..
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C/o Mark Savin,Faegre&Benson
Tom Hogan,Haugland Company
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT
FOR BLUFF COUNTRY VILLAGE 2002 PROJECT AND SITE PLAN APPROVAL BY
TREK DEVELOPMENT
WHEREAS, Trek Development has received City Council approval for Bluff Country Village
2002 for 94 apartment units and 37,000 square feet of commercial, a 10,000 square foot office building,
and a 10,000 square foot daycare located at Hennepin Town Road and Pioneer trail as more fully
described in a Development Agreement dated October 15,2002;and
WHEREAS, a condition of said Development Agreement is set forth in paragraph IV of Exhibit
C that if Developer does not proceed with the project within twenty-four (24) months of the date of
Agreement,Developer would not oppose City's reconsideration and rescission of any rezoning, Site Plan
approval and/or Guide Plan change approval, thus restoring the status of the property before the project
was approved; and
WHEREAS, the City granted a one year extension of the condition set forth in paragraph IV of
Exhibit C to the Developer's Agreement on October 5,2005;and
WHEREAS,the twelve(12)month extension will expire on October 15,2005;and
WHEREAS,Developer has not proceeded with the Agreement and has requested approval of an
amendment and extension of the condition set forth in paragraph IV of Exhibit C to the Developer's
Agreement until October 15,2005;and
WHEREAS,pursuant to City Code Section 11.03 Subd 6.A. Site Plan approval granted pursuant
to Resolution 2002-170 is effective for a period of twenty — four (24) months which will expire on
October 15,2005;and
WHEREAS,the Developer has not proceeded in accordance with the Site Plan;and
WHEREAS the City Council has reviewed said amendment and extension requests at its October
4,2005;meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie,
Minnesota, hereby approves an amendment to the Development Agreement extending the time period
referred to in paragraph IV of Exhibit C to October 5,2006.
BE IT FURTHER RESOLVED that pursuant to City Code Section 11.03 Subd 6.A. that Site
Plan approval granted by Resolution 2002-170 is hereby extended to October 5,2006.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of October,2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta,City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. C.
Leslie Stovring Approve Wellhead Protection Plan
Public Works/Environmental Services Implementation Proposal; I.C.# 00-5515
Requested Action
Move to: Approve proposal from St. Croix Environmental, Inc. to complete implementation
of the City's Wellhead Protection Plan in the amount of$30,000.
Synopsis
The Wellhead Protection Plan (WHPP) was completed and submitted to the Minnesota
Department of Health (MDH) in 2004. Part of the WHPP included a set of Objectives and Plans
of Action(Action Items). This proposal is to assist Staff in completion of Action Items that must
be started and/or implemented in 2005.
Background Information
The MDH is the lead agency for developing the State's Wellhead Protection Program, including
oversight of the development of WHPP's by individual Cities. The intent of the WHPP is to
develop measures to protect the groundwater entering and flowing through this area in order to
protect our drinking water supply from contamination. The following items are included in the
Scope of Work proposed by St. Croix Environmental.
• Locate Wells within the Drinking Water Supply Management Area (DWSMA) — inventory
and evaluation of wells within our protection areas, including private wells.
• Evaluation of High Capacity Wells — identification and evaluation of increased pumping
needs and how this would affect the City's ability to provide adequate and safe water supply.
• Establish a Coordinated Spill Response Plan — develop a procedure for coordinated spill
response efforts with other cooperators, such as area and state emergency management
entities.
• Continue and Expand Public Education Programs — assist City staff in developing an
education program to meet the requirements established by the MDH for public education.
• Complete and Maintain the Potential Contaminant Source Inventory (PCSI) — inventory and
verification of sites listed within the PCSI.
• Review City of Minnetonka Source Water Protection Goals and Compile Information—plot
City of Minnetonka public utilities and well field data for integration with our system
information as well as review and evaluate proposed management actions for Minnetonka.
• Establish Monitoring Program for Water Bodies in High Priority Areas — work with the
Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts to determine
measures required for monitoring within high priority areas.
• Floodplain Evaluation—Identify elevations for critical wells and develop an assessment and
emergency measure plan as needed for high water events.
• Inventory and Manage Tanks within the DWSMA—Inventory and categorize types of tanks
located within the DWSMA and develop a database to track the information collected.
Attachments
• St. Croix Environmental Proposal dated September 7, 2005
4CSt.CrOb( __4_"
Environmental Inc.
E'�p'sM/Y3 9,ir^:�jpe°'ovrt i�UN9
September 7,2005
Mr. Ed Sorensen
Ms. Leslie Stovring
City of Eden Prairie
Utilities Division
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Subject: Scope of Work and Cost Estimate
Wellhead Protection Plan Implementation Support
City of Eden Prairie, Minnesota
Dear Mr. Sorensen and Ms. Stovring:
St. Croix Environmental, Inc. (SCE) is pleased to submit this scope of work and cost estimate for
providing implementation support services for the City's Wellhead Protection Plan. As the principal
authors of the WHPP, SCE is well-qualified to assist the City with the implementation process, and looks
forward to continuation of WHPP support for the City of Eden Prairie. The proposed scope of work
includes providing assistance, on as as-needed basis, for various implementation activities and tasks.
The initial estimated cost for the proposed scope of work is $30,000, based on time-and-materials
services provided by SCE as directed by City staff. The actual costs may vary, depending upon the
division of labor between City staff and SCE staff.
This proposal is being submitted to address to the objectives and plan of action outlined within the
WHPP, as discussed during our meeting of August 12, 2005. This proposal contains background
information, a proposed work scope, and estimated costs.
BACKGROUND INFORMATION
During July 2004, SCE staff assisted the City in preparing, submitting and gaining final approval for Part II
of the WHPP. The final document was co-produced along with input from City staff and Summit
Envirosolutions. The WHPP contained specific objectives and plans of action relating to implementation,
along with a detailed schedule of compliance dates.
Based upon discussions at our meeting of August 12th, the City requests that SCE bring continued value
to the WHPP program by assisting with the implementation process as required under the Plan. We
discussed that SCE would provide assistance to the City in the following general areas:
1. Establishing land use priorities;
2. Public education and information; and,
3. Monitoring and data collection.
These areas, and specific tasks within each area, are described in the following scope of services.
SCOPE OF SERVICES
The goal of this scope of work is to assist the City in maintaining compliance,with the requirements of the
WHPP. The proposed scope of work includes providing assistance, as directed by the City,with respect
to all or some of the following implementation activities:
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St.Croix;k,
Sorensen/Stovring-9/7/2005 Cost Estimate for WHPP Implementation Support Page 2
• WHP Objective Al: Locate wells within the DWSMA;
• WHP Objective A4: Evaluation of new high capacity wells;
• WHP Objective A7: Establish a coordinated spill response plan;
• WHP Objective 131: Raise public awareness in the EMZ highly vulnerable areas;
• WHP Objective 132: Raise well owner awareness;
• WHP Objective 133: Continue and expand existing public education programs;
• WHP Objective Cl: Complete and maintain the PCSI;
• WHP Objective C3: Compile additional background information regarding the City of Minnetonka;
• WHP Objective C5: Conduct a file review for leak sites(LUST,VIC, etc.);
• WHP Objective C6: Establish monitoring program for water bodies within the high priority areas;
• WHP Objective C7: Floodplain evaluation; and,
• WHP Objective C8: Inventory and manage tanks within the DWSMA.
An outline for each of these tasks is provided below. Note that our services include working alongside
City staff to complete these activities. Therefore, a task-by-task budget is not appropriate at this time.
WHP Objective All: Locate wells within the DWSMA
SCE will continue an ongoing effort to inventory wells that could potentially threaten the city's water
supply. A database that includes properties with private and non-municipal wells and their owners will be
developed in case notification of potential contamination is required. Wells will be categorized into
abandoned, in use, and not in use. Wells will be field-checked via a drive-by survey to verify location
accuracy, and that information used to update the database.
WHP Objective A4: Evaluation of new high capacity wells
The goal of these activities is to identify increased pumping needs and determine if those wells will affect
the city's ability to provide an adequate and safe supply of drinking water. SCE will request copies of any
new or revised groundwater appropriation permits from the Minnesota DNR in the City or in that portion of
the DWSMA that falls within Minnetonka. We will assist the City with the development of a local
administrative process to evaluate impacts of new high-capacity wells on the WHPA/DWSMA, including
well interference, and to evaluate zoning measures to restrict the installation of high-capacity wells within
the WHPA.
WHP Objective A7: Establish a coordinated spill response plan
The goal of these activities is to enable immediate response and abatement of potential future spills.
Working with the City, SCE will develop a procedure for coordinated spill response efforts with other
cooperators, such as area and state emergency management entities. We will also work alongside the
City to create awareness regarding WHP and the location of the DWSMA.
WHP Objective B1: Raise public awareness in the EMZ highly vulnerable areas
The goal of these activities is to educate residents and businesses within Highly Vulnerable Areas and
the Emergency Management Zone on the relationship between how they use their property and potential
water supply impacts. SCE will utilize land use zoning data to identify potential target groups within Highly
Vulnerable Areas as recipients of educational literature, and will assist the City with the development of
educational materials that are specific to these groups.
WHP Objective 132: Raise well owner awareness
The goal of these activities is to raise awareness of how private wells can potentially impact the public
water system. SCE will work with the City to make sure the DWSMA is identified on water and land use
SY.Gpoc
Sorensen/Stovring-9/7/2005 Cost Estimate for MPP Implementation Support Page 3
plans and considered in future land use decisions. We will assist the City as requested in educating well
owners to assist in preventing contamination of city water supply via private wells. We will make a
request, on behalf of Eden Prairie,that the City of Minnetonka and Hennepin County identify the DWSMA
on maps when revising water and land use plans.
WHP Objective 63: Continue and expand existing public education programs
SCE will work with the City to educate and develop awareness of the connections between land use,
surface water runoff, lake water quality, and groundwater quality for the general public. Public education
on the goals and policies established in the Plan will be developed. Several media formats have been
used previously for distribution to the general public and targeted groups regarding City ordinances,
policies, and programs pertaining to water resources management. Use of these types of media will be
evaluated and used as appropriate. Topics for development of new or updated educational media will
include water resource management, groundwater protection, shore land landscaping for Stormwater
runoff treatment and lawn chemical and phosphorus fertilizer usage.
WHP Objective C1: Complete and maintain the PCSI
The goal of these activities is to complete the potential contaminant source inventory (PCSI) and update
the data annually. SCE will inventory and verify the locations of sites listed in the PCSI, including those
that were listed with incomplete addresses or addresses that are incorrectly labeled. Data will be
downloaded from the MPCA web site to update the PCSI.
WHP Objective C3: Compile additional background information regarding the City of Minnetonka
SCE will plot City of Minnetonka public utilities and well field data in GIS. We will expand the utility map
included in the WHPP to include that portion of Minnetonka located within the DWSMA. We will attempt to
map readily-available information on items such as utility locations,zoning and land use within the City of
Minnetonka. We will work to evaluate and identify potential well field interferences with the City of
Minnetonka. SCE will request and evaluate proposed management actions for the City of Minnetonka and
how they correspond with Eden Prairie's.
WHP Objective C5: Conduct a file review for leak sites(LUST,VIC,etc.)
The goal of these activities, when completed, is to assess the potential risk of leak sites to the public
water supply. Eventually, this task will include an evaluation of known leak site data within the EMZ as
well as High to Moderate Vulnerability areas of the DWSMA. At the present time, this task consists of
SCE building a database of existing leak site data, and developing a means of tracking the data with time.
WHP Objective C6: Establish monitoring program for water bodies within the high priority areas
The goal for this activity is to determine and maintain the water-quality of Glen Lake, the only lake in the
highly vulnerable portion of the DWSMA. Ultimately, the City will evaluate other water bodies such as
wetlands or ponds within these areas for inclusion in future monitoring and maintenance programs.
Future plans also call for development of a monitoring program for Glen Lake and other water bodies
within High Vulnerability Areas or EMZ within the DWSMA. SCE will work with Watershed Districts and
the City of Minnetonka to develop monitoring criteria for these areas.
WHP Objective C7: Floodplain evaluation
The goal of these activities is to maintain water-quality under flood conditions. SCE will identify elevations
for Municipal Wells 3, 4 and 7 to determine if they are within the 100-year floodplain. A monitoring and
assessment program will be established for wells located within the floodplain to determine when or if
emergency measures, such as sandbagging,would be required during high water events.
St.Crobs
Sorensen/Stovring-9/7/2005 Cost Estimate for WHPP Implementation Support Page 4
WHP Objective C8: Inventory and manage tanks within the DWSMA
The goal of these activities is to provide current information regarding the locations of tanks and educate
tank owners about the presence of the WHPA and what it means. The City is required to maintain an
inventory of all tanks in the DWSMA. Using the current PCSI as a starting point, SCE will identify by
category storage tanks such as above ground, underground, and agricultural. A database will be
developed that includes the parcel identification number, owner name, contact person and phone
number.
COST ESTIMATE/TEAM MEMBER IDENTIFICATION
The following SCE employee's and partners will serve as the project team for the tasks outlined in this
proposal.
Team Member Title
Kevin Miller, PG, CPG Senior Project Manager/Principal H dro eolo ist
Teri Miller, PG, CPG GIS Coordinator/H dro eolo ist
Additional Staff As necessary forspecific tasks.
SCE proposes to perform the above tasks on a time and materials basis in accordance with our 2005 fee
and equipment schedule and the City of Eden Prairie General Conditions.
The tasks outlined in this scope of work can be attended to immediately. We have initiated some of the
work scope activities based upon our meeting, and will work to bring these and other assigned tasks to
completion as soon as practicable. SCE will not exceed the authorized amount without prior approval,
received in writing,from the City.
We look forward to working with you. If you have questions regarding the contents of this proposal or the
project in general, please contact our office at 715-381-5701, or via cell phone at 715-441-9933.
Sincerely,
St.Croix Environmental,Inc.
recut�?. Ww&m
Kevin J. Miller, CPG, PG
President, Principal Hydrogeologist
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5519 ITEM NO.: VI.D.
Eugene A.Dietz Award Contract for Sand/Salt Storage
Public Works/Engineering Structure
Requested Action
Move to: Award Contract for Sand/Salt Storage Structure to BNM Construction, in the
amount of$238,500.
Synopsis
Seven Bids were received for the construction of the fabric covered sand/salt storage structure at
our maintenance site. BNM Construction has successfully installed a similar structure in New
Brighton and appear qualified to perform the work for the City of Eden Prairie.
Staff recommends that the contract be awarded to BNM Construction.
Background Information
The site work at our Maintenance Outside Storage Site (MOSS)was recently completed by City
staff--paving the current phase of the project. This sand/salt storage structure will fit into the
approved site plan and is expected to be completed for use this winter season. The budget for the
structure was $240,000.
Bid Tabulation
Sand/Salt Storage Structure
1 BNM Construction $238,500.00
2 Envirotech Structures $243,757.00
3 Maertens-Brenny Construction $268,100.00
4 Merrimac Construction $268,637.00
5 Meisinger Construction Inc. $275,700.00
6 Lund Martin Construction Inc. $338,700.00
7 Prestige Builders of Minnesota $361,500.00
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.E.
Fire Department
George F. Esbensen NIMS Resolution
Requested Action
Move to: Adopt Resolution approving adoption of the National Incident Management
System as the incident management system to be used by the City of Eden
Prairie.
Synopsis
On February 9, 2005, Governor Tim Pawlenty issued an executive order establishing the
National Interagency Incident Command System (NIMS)as the state standard for incident
management. All jurisdictions are being asked to also adopt NIMS as their incident management
system.
Attachments
Resolution
Executive Order 05-02
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION RELATING DESIGNATING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM(NIMS)AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN CITY OF EDEN PRAIRIE,MINNESOTA
WHEREAS,the President of the United States, in Homeland Security Directive (HSPD)-5,
directed the Secretary of the Department of Homeland Security to develop and administer a
National Incident Management System (NIMS), which would provide a consistent nationwide
approach for federal, state, local and tribal governments to work together more effectively and
efficiently to prevent,prepare for, respond to, and recover from domestic incidents, regardless of
cause, size or complexity; and
WHEREAS,the collective input and guidance from all federal, state, local, and tribal security
partners has been, and will continue to be vital to the development, effective implementation and
utilization of a comprehensive NIMS; and
WHEREAS, it is necessary and desirable that all federal, state, local and tribal emergency
agencies and personnel coordinate their efforts to effectively and efficiently provide the highest
levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management, it is critical that
federal, state, local, and tribal organizations utilize standardized terminology, standardized
organizational structures, interoperable communications, consolidated action plans, unified
command structures,uniform personnel qualification standards, uniform planning,training, and
exercising standards, comprehensive resource management, and designated incident facilities
during emergencies or disasters; and
WHEREAS,the NIMS standardized procedures for managing personnel, communications,
facilities, and resources will improve the county's ability to utilize federal and state funding to
enhance local agency readiness,maintain first responder safety, and streamline incident
management processes; and
WHEREAS,the Incident Command System components of NIMS are already an integral part of
various incident management activities throughout the State and Eden Prairie, including current
emergency management training programs; and
WHEREAS,the National Commission on Terrorist Attacks(9-11 Commission)recommended
adoption of a standardized Incident Command System; and
WHEREAS,the Governor of the State of Minnesota by Executive Order 05-02,February 9,
2005, has designated the NIMS as the basis for all incident management in the State of
Minnesota.
NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Eden Prairie do
hereby establish the National Incident Management System (NIMS)as the standard for incident
management in Eden Prairie, Minnesota.
ADOPTED by the Eden Prairie City Council on October 4, 2005.
Nancy Tyra-Lukens, Mayor
SEAL
ATTEST:
Kathleen Porta, City Clerk
EXECUTIVE ORDER 05-02 --February 9, 2006
Saint Paul-- Governor Tim Pawlenty today issued an executive order establishing the National Interagency
Incident Command System (NIMS) as the state standard for incident management.
"It is necessary and desirable that all federal, state, local, and tribal emergency agencies and personnel
coordinate their efforts to effectively and efficiently provide the highest levels of incident management,"said
Governor Pawlenty. "The NIMS standardized procedures for managing personnel, communications, facilities and
resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness,
maintain first responder safety, and streamline incident management processes."
The following is the text of the Governor's official proclamation:
EXECUTIVE ORDER 05-02
DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)AS THE BASIS FOR ALL
INCIDENT MANAGEMENT IN THE STATE OF MINNESOTA
I, TIM PAWLENTY, GOVERNOR OF THE STATE OF MINNESOTA, by virtue of the authority vested in me by the
Constitution and applicable laws, including Minnesota Statutes 2004, Section 221.0269, do hereby issue this
executive order:
WHEREAS, the President, in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of
Homeland Security to develop and administer a National Incident Management System (NIMS),which would
provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more
effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of
cause, size, or complexity;
WHEREAS, the collective input and guidance from all federal, state, local, and tribal homeland security partners
has been, and will continue to be, vital to the development, effective implementation and utilization of a
comprehensive NIMS;
WHEREAS, it is necessary and desirable that all federal, state, local, and tribal emergency agencies and
personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management;
WHEREAS, to facilitate the most efficient and effective incident management, it is critical that federal, state, local,
and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable
communications, consolidated action plans, unified command structures, uniform personnel qualification
standards, uniform planning, training, and exercising standards, comprehensive resource management, and
designated incident facilities during emergencies or disasters;
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and
resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness,
maintain first responder safety, and streamline incident management processes.
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident
management activities throughout the State, including current emergency management training programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a
standardized Incident Command System;
NOW, THEREFORE, I do hereby establish the National Interagency Incident Management System (NIMS) as the
state standard for incident management.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda October 4, 2005
DEPARTMENT/DIVISION ITEM DESCRIPTION: ITEM NO.: VI. F.
Paul Sticha, Office of the City Riley-Jacques and Cummins House Change
Manager, Facilities Order Request A-2
Requested Action
Move to:
• Approve Change Order A-2 for building repairs at the J.R. Cummins House, located at
13600 Pioneer Trail and Riley-Jacques House, located at 9100 Riley Lake Road.
Synopsis
The City has received a change order request to make repairs to a number of dilapidated items as
noted by the contractor and Miller Dunwiddie Architects. Each item has been reviewed by City
inspectors as well, and staff recommends that the City Council approve Change Order A-2.
Background Information
The current repair work at both buildings has revealed additional deterioration unknown prior to
the work now underway. These conditions have been observed and noted in the foundation,
windows, sills, and structural components.Each item identified for repair or replacement is
needed to maintain functionality of the component or stabilization of the structure itself.
The walk-in masonry ice box attached to the east side of the Cummins house kitchen was in the
process of repairs to its roof and exterior walls when the east wall began to collapse revealing
unstable and deteriorated interior masonry units and mortar. The shoring installed on the interior
to support the roof during repair caused the concrete floor to crack as well and further
investigation revealed a lack of adequate footing.Work on the ice box has been stopped at this
time. The opinion of staff is to cease repair of the ice box,protect it, and accept the $3,400 credit.
Staff will investigate alternate means to fund and reconstruct the ice box.
Cost Total
Riley-Jacques House total cost is $16,200.00, including credit. J.R. Cummins House total is a
credit of$3850. Total cost for Change Order A-2: $12,350.00.
Attachments
Item list of Change Order A-2 work/costs provided by Miller Dunwiddie Architects
Riley Jacques
1. $750.00 Replace 6' of window sill, framing and sheathing at SE porch
(E100/E101)
2. $350.00 Replace 6' of window sill at NE porch(N100/N101)
3. $350.00 Replace 3' of window sill at W kitchen window(W 100)
4. $600.00 Replace 12 broken pieces of prime sash glazing$50.00 ea
5. $450.00 Mend loose tenons on approximately 6 prime sashes
6. $375.00 Repair 2 upper sashes at SE porch(EIWE101)
7. $2500.00 Shore wall with chimney and replace rotted rim beam at N side
8. $600.00 Replace rotted rim at E porch and replace skirt board
9. $450.00 Insulate interior side of 3 new foundation walls below kitchen as
needed to temper crawl-space
10. $1500.00 Shore west wall of kitchen to facilitate new foundation, foundation
wall, concrete floor and insulation
11. $2800.00 Excavate and remove soils/foundation from below kitchen and porch
12. $1700.00 Form and pour new concrete footing below kitchen and porch
13. $1900.00 Pour new floors beneath porch and kitchen
14. $1200.00 Install new block wall to rim beam at west kitchen wall
15. $600.00 Install(4-6) sistered floor joists below kitchen as needed
16. <$175.00> Delete galvanized caps (2 chimney locations)
17.No Charge Delete Riley basement sash replacement at note E110. Install treated
plywood over existing opening seal with caulk and paint. Remove soil at window
well to 8"below existing sill and back fill with pea gravel. Se note E4/E 10
18. $250.00 Replacement of SE porch gutter due to deterioration. See note E15,
Riley House
Sub Total $16,200.00
Cummins Grill
1. <$3,400> Delete Ice house repairs
2. $550.00 Cummins house window well work at 3 basement window locations:
Includes galvanized wells and pea gravel
3. <$1000.00> Delete reglazing work at the Cummins House on individual windows
which are in good condition.Approximately 10 windows
Sub Total $3,850 credit
Total Cost $12,350.00
CITY COUNCIL AGENDA DATE: October 4, 2005
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. G.
Sue Kotchevar, Office of the Resolution Relating to $2,690,000
City Manager/Finance General Obligation Improvement
Bonds, Series 2005B
Requested Action
Move to: Adopt Resolution Authorizing Issuance of$2,690,000 General Obligation
Improvement Bonds, Series 2005B.
Synopsis
The purpose of the issuance of the bonds is to pay for street improvements on Trunk Highway
212 and Charlson Road.
Background Information
The TH 212/Charlson Road Intersection Improvement Project includes constructing the TH 212
/ Charlson Road intersection with turn lanes, installing a traffic signal, constructing a second
westbound through lane on TH 212 and constructing a pedestrian underpass. The plans and
specifications for the project were approved at the April 26, 2005 City Council meeting. The
Eden Bluff Developer (United Properties), on an assessment basis, is responsible for all costs
associated with the project with the exception of the pedestrian underpass. Based on the bid
prices the pedestrian underpass is expected to cost approximately$130,000.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF$2,690,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2005B
BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City),
as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. On May 3, 2005,the City Council approved a Development
Agreement(the Agreement)with Eden Bluff Holdings LLC (the Owner). The Owner is the sole
owner of real property abutting upon the streets named as the locations for the public
improvements related to Trunk Highway 212 and Charlson Road in the City(the Projects). The
City Council hereby finds that the Agreement, in which the Owner petitions the City Council to
construct the Projects and to assess their entire cost against its property, constitutes a sufficient
petition, pursuant to Minnesota Statutes, Section 429.031, Subdivision 3. The Projects are
hereby ordered to be constructed. The City Council hereby determines that it is in the best
interest of the City to issue its $2,690,000 principal amount of General Obligation Permanent
Improvement Revolving Fund Bonds, Series 2005B (the Bonds)to finance the Projects from the
Permanent Improvement Revolving Fund.
P g
1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by Northland
Securities, Inc., financial advisor to the City, sealed proposals for the purchase of the Bonds were
received at or before the time specified for receipt of proposals. The proposals have been
opened,publicly read and considered and the purchase price, interest rates and net interest cost
under the terms of each proposal have been determined. The most favorable proposal received is
that of
in , and
associates (the Purchaser),to purchase the Bonds at a price of$ plus
accrued interest on all Bonds to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities;Interest Rates;Denominations and Payment. The Bonds shall be
originally dated as of October 1, 2005, shall be in the denomination of$5,000 each, or any
integral multiple thereof, of single maturities, shall mature on December 1 in the years and
amounts stated below, and shall bear interest from date of issue until paid or duly called for
redemption, at the annual rates set forth opposite such years and amounts,as follows:
Year Amount Rate Year Amount Rate
2006 $ % 2016 $ %
2007 2017
2008 2018.
2009 2019
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein;provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on June 1 and December 1 in each year, commencing June 1, 2006,
each such date being referred to herein as an Interest Payment Date,to the persons in whose
names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's
close of business on the fifteenth day of the month immediately preceding the Interest Payment
Date,whether or not such day is a business day. Interest shall be computed on the basis of a
360-day year composed of twelve 30-day months.
2.04. Redemption. Bonds maturing in 2014 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and,within a maturity, by lot as selected by the Registrar
(or, if applicable,by the securities depository in accordance with its customary procedures) in
multiples of$5,000, on December 1, 2013, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Manager shall
cause notice of the call for redemption thereof to be published as required by law, and at least
thirty days prior to the designated redemption date, shall cause notice of call for redemption to be
mailed,by first class mail,to the registered holders of any Bonds to be redeemed at their
addresses as they appear on the bond register described in Section 2.06 hereof. No defect in or
failure to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. Official notice of redemption
having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified and from and
after such date(unless the City shall default in the payment of the redemption price)such Bonds
or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new
Bond or Bonds will be delivered to the owner without charge,representing the remaining
principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on December 1, 20 and 20 (the Term Bonds) shall be subject
to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this
Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest
accrued thereon to the redemption date,without premium. The Registrar shall select for
redemption,by lot or other manner deemed fair, on December 1 in each of the following years
the following stated principal amounts of such Bonds:
Year Principal Amount
The remaining$ stated principal amount of such Bonds shall be paid at
maturit
y on December
be 1,20
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on December 1, 20
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints
in , , as the initial bond registrar,transfer agent and paying agent(the
Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of the
City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company organized under the laws of
the United States or one of the states of the United States and authorized by law to conduct such
business, such corporation shall be authorized to act as successor Registrar. The City agrees to
pay the reasonable and customary charges of the Registrar for the services performed. The City
reserves the right to remove the Registrar, effective upon not less than thirty days' written notice
and upon the appointment and acceptance of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the Bond Register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Re ig ster. The Registrar shall keep at its principal corporate trust office a
register(the Bond Register)in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered,transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person(whether a natural person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor.
(c) Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than $5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
(d) Cancellation. All Bonds surrendered for payment,transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall
furnish the City at least once each year a certificate setting forth the principal amounts
and numbers of Bonds canceled and destroyed.
e Improper or Unauthorized Transfer. When an Bond is resented to the
( ) Y p
Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith,to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the Bond Register as the absolute
owner of the Bond,whether the Bond shall be overdue or not, for the purpose of
receiving payment of or on account of,the principal of and interest on the Bond and for
all other purposes; and all payments made to or upon the order of such Holder shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds(except
for an exchange upon a partial redemption of a Bond),the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated. Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like
amount, number,maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of the City by the signatures of the
Mayor and the City Manager,provided that the signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on any Bond shall cease to be such officer before the delivery of
such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until the date of delivery of such Bond.
Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled
to any security or benefit under this Resolution unless and until a certificate of authentication on
the Bond, substantially in the form provided in Section 2.09, has been executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on any Bond shall be conclusive evidence that it has been duly authenticated and
delivered under this Resolution. When the Bonds have been prepared, executed and
authenticated, the City Manager shall deliver them to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean,whenever used with respect to a Bond,the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede&Co." shall mean Cede & Co.,the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant"shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede& Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant,with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds,with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution,with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede& Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede&Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede& Co.,the Bonds will be transferable to such new
nominee in accordance with paragraph(e)hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates,the City may notify DTC and
the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event,the Bonds will be transferable in accordance
with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph(e)hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede&Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds,the provisions
of this resolution shall also apply to all matters relating thereto, including,without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND BOND, SERIES 2005B
Interest Rate Maturity Date Date of Original Issue CUSIP No.
% December 1, 20_ October 1, 2005
REGISTERED OWNER: CEDE& CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF EDEN PRAIRIE,Minnesota(the City)acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns,the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined)to which interest has been paid or
duly provided for, at the annual interest rate specified above,payable on June 1 and December 1
in each year, commencing June 1, 2006 (each such date, an Interest Payment Date), all subject to
the provisions referred to herein with respect to the redemption of the principal of this Bond
before maturity. The interest so payable on any Interest Payment Date shall be paid to the person
in whose name this Bond is registered at the close of business on the fifteenth day(whether or
not a business day)of the calendar month immediately preceding the Interest Payment Date.
Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day
months. The interest hereon and, upon presentation and surrender hereof at the principal office
of the agent of the Registrar described below, the principal hereof are payable in lawful money
of the United States of America by check or draft drawn on in ,
, as bond registrar,transfer agent and paying agent, or its successor designated
under the Resolution described herein (the Registrar). For the prompt and full payment of such
principal and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue(the Bonds) in the aggregate principal amount of$2,690,000
issued pursuant to a resolution adopted by the City Council on October 4,2005 (the Resolution),
to provide funds to be deposited to the Permanent Improvement Revolving Fund of the City, a
permanent fund established for the financing of local improvements for which special
assessments may be levied against property specially benefited thereby, and is issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in
fully registered form, in the denomination of$5,000 or any integral multiple thereof, of single
maturities.
Bonds maturing in 2014 and later years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and,within a maturity, by lot as selected by the Registrar(or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of$5,000, on December 1,
2013, and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published as required by law, and at least thirty days prior to the designated redemption
date, shall cause notice of call for redemption to be mailed, by first class mail,to the registered
holders of any Bonds, at the holders' addresses as they appear on the bond register maintained by
the Bond Registrar. No defect in or failure to give such mailed notice of redemption shall affect
the validity of proceedings for the redemption of any Bond not affected by such defect or failure.
Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so
to be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified and from and after such date(unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond,a new Bond or Bonds will be delivered to the owner without charge,
representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the year 20 and 20 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
the redemption date,without premium, on December l in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturingin n 20 Term Bonds Maturing in 20--
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein,this
Bond is transferable upon the books of the City at the principal office of the agent of the
Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in
writing upon surrender hereof together with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner's attorney; and may also be
surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or
exchange the City will cause a new Bond or Bonds to be issued in the name of the designated
transferee or registered owner, of the same aggregate principal amount,bearing interest at the
same rate and maturing on the same date; subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to any such transfer or exchange.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3)of the Internal Revenue Code of 1986.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of
receiving payment as herein provided and for all other purposes, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede& Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository,the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede& Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED,RECITED,COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist,to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms,have
been done, do exist,have happened and have been performed as so required;that prior to the
issuance hereof the City has levied or agreed to levy special assessments on property specially
benefited by the improvements financed by the Bonds, collectible in the years and amounts
required to produce sums not less than five percent in excess of the principal of and interest on
the Bonds as such principal and interest respectively become due, and has appropriated such
special assessments to the Revenue Account(the Revenue Account)of its Permanent
Improvement Revolving Fund established by the Resolution;that, on or before each date the City
is obligated to pay principal of or interest on the Bonds,the City will transfer from its Revenue
Account to a separate General Obligation Permanent Improvement Revolving Fund Bonds,
Series 2005B Debt Service Account an amount sufficient for the payment of such principal and
interest on such date;that if necessary for payment of principal and interest, ad valorem taxes are
required to be levied upon all taxable property in the City,without limitation as to rate or
amount; and that the issuance of this Bond,together with all other indebtedness of the City
outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause
the indebtedness of the City to exceed any constitutional, charter or statutory limitation of
indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF,the City has caused this Bond to be executed on its behalf by
the facsimile signatures of its Mayor and City Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile signature—Mayor) (facsimile signature—City Manager)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
as Registrar
By
Authorized Representative
The following abbreviations,when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM-as tenants in common UTMA ................... as Custodian for.....................
(Cust) (Minor)
TEN ENT-as tenants by the entireties under Uniform Transfers to Minors Act ..............
(State)
JT TEN- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received,the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of the
within Bond,with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular,without alteration or
enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s)must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar,which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP,all in accordance with the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
SECTION 3. USE OF PROCEEDS. The proceeds of the Bonds received by the City, exclusive
of unused discount, pre-issuance accrued interest and capitalized interest, if any, shall be
deposited in the Construction Fund established in Section 4 hereof and used to pay costs of the
Projects or such other Improvements as the Council may designate.
SECTION 4. CONSTRUCTION FUND. The City hereby establishes the Permanent
Improvement Revolving Fund Series 2005B Construction Fund(the Construction Fund)as a
separate bookkeeping account on its books and records. There shall be deposited into the
Construction Fund,when and as received,the amount specified in Section 3 hereof. There shall
be established a separate account within the Construction Fund to record expenditures for each
Improvement. The moneys in the Construction Fund will be disbursed by the City, in
accordance with this Resolution and the City's normal procedures,to pay(or reimburse the City
for)the costs of the Projects, including also the issuance costs of the Bonds. At such time as the
Projects are completed the City shall transfer any remaining balance in the Construction Fund as
provided herein.
SECTION 5. GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING
FUND BONDS, SERIES 2005B BOND FUND. So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the City shall maintain a separate debt service
fund on its official books and records to be known as the General Obligation Permanent
Improvement Revolving Fund Bonds, Series 2005B Bond Fund(the Bond Fund)within the Debt
Service Account of the Permanent Improvement Revolving Fund(as described herein,the Debt
Service Account), and the principal of and interest on the Bonds shall be payable from the Bond
Fund. The City irrevocably appropriates to the Bond Fund(a)any amount received from the
Purchaser in excess of the amount required by Section 3 hereof to be deposited in the
Construction Fund; (b)all moneys transferred with respect to the Bonds from other accounts
within the Permanent Improvement Revolving Fund to the Debt Service Account in accordance
with this Resolution; and(c)all other moneys as shall be appropriated by the City Council to the
Bond Fund from time to time. On the business day preceding each date on which principal of or
interest on the Bonds are to be paid by the City in accordance with this resolution,the City
Manager shall, without further direction by the Council,transfer from the Debt Service Account
in the Permanent Improvement Revolving Fund to the Bond Fund an amount sufficient to pay
such principal and interest. If the aggregate balance in the Bond Fund is at any time insufficient
to pay all interest and principal then due on all Bonds payable therefrom,the payment shall be
made from any fund of the City which is available for that purpose, subject to reimbursement
from the Permanent Improvement Revolving Fund when the balance therein is sufficient, and the
City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem
taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory limitation.
SECTION 6. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the cost of the Projects, the City has done or will do and perform all acts and things
necessary for the final and valid levy of special assessments in an amount not less than 20%of
the cost of each of the improvements financed by the Bonds. The City estimates it will levy
special assessments in the aggregate principal amount of$ It is estimated that the
principal and interest on such special assessments will be levied and collected in the years and
amounts shown on Exhibit A attached hereto. In the event any such assessment shall at any time
be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in
any action or proceeding taken or to be taken by the City or by the City Council or by any of the
officers or employees of the City, either in the making of such assessment or in the performance
of any condition precedent thereto,the City hereby covenants and agrees that it will forthwith do
all such further things and take all such further proceedings as shall be required by law to make
such assessment a valid and binding lien upon saidproperty. The collections of the special
assessments shall be deposited, as received, into the Revenue Account.
SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively come due,the full faith,
credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged.
However,the City presently estimates that the special assessments described herein,together
with any funds to be appropriated by the City to the Bond Fund,will be at least five percent in
excess of the amounts needed to meet when due the principal and interest payments on the Bonds
and therefore no ad valorem taxes are required to be levied at this time.
SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow,with the
Registrar or with a bank qualified by law to act as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited for such purpose, bearing interest
payable at such times and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal and interest to become due thereon to maturity or, if
notice of redemption as herein required has been irrevocably provided for,to an earlier
designated redemption date. Provided,however, that if such deposit is made more than ninety
days before the maturity date or specified redemption date of the Bonds to be discharged, the
City shall have received a written opinion of Bond Counsel to the effect that such deposit does
not adversely affect the exemption of interest on any Bonds from federal income taxation and a
written report of an accountant or investment banking firm verifying that the deposit is sufficient
to pay when due all of the principal and interest on the Bonds to be discharged on and before
their maturity dates or earlier designated redemption date.
SECTION 9. TAX COVENANTS:ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
9.01. General Tax Covenant. The City agrees with the registered owners from time to
time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any action that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable
Treasury Regulations(the Regulations), and agrees to take any and all actions within its powers
to ensure that the interest on the Bonds will not become includable in gross income of the
recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the
Construction Fund will be expended for payment of the costs of the Project, except that any
excess over that required for the Project may be expended as provided herein. The
Improvements are and will be owned and maintained by the City and available for use by
members of the general public on a substantially equal basis. The City shall not enter into any
lease,management contract,use agreement, capacity agreement or other agreement with any
non-governmental person relating to the use of the Improvements, or any portion thereof, or
security for the payment of the Bonds which might cause the Bonds to be considered"private
activity bonds"or"private loan bonds"pursuant to Section 141 of the Code.
9.02. Arbitrage Certification. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
Section 148 of the Code, and applicable Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be"arbitrage bonds"within the meaning of the Code and Regulations.
9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f)of the Code. The City covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under Section 148(f)and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes,unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no"gross proceeds"of the Bonds
(other than amounts constituting a"bona fide debt service fund") arise during or after the
expenditure of the original proceeds thereof.
9.04. Qualified Tax-Exempt Obligations. The Council hereby designates the Bonds as
"qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the
disallowance of interest expense for financial institutions, and hereby finds that the reasonably
anticipated amount of tax-exempt obligations which are not private activity bonds(not treating
qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for the purpose
of this representation)which will be issued by the City and all subordinate entities during
calendar year 2005 does not exceed$10,000,000.
9.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Projects which the City
paid or will have paid more than 60 days prior to the issuance of the Bonds unless,with respect
to such prior expenditures,the City shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations; provided that this
certification shall not apply(i)with respect to certain de minimis expenditures, if any,with
respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or
(ii)with respect to"preliminary expenditures"for the Projects as defined in Section 1.1 50-2(f)(2)
of the Regulations, including engineering or architectural expenses and similar preparatory
expenses,which in the aggregate do not exceed 20%of the"issue price"of the Bonds.
9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. The City has complied in all
material respects with any undertaking previously entered into by it under the Rule. If the City
fails to comply with any provisions of this section,any person aggrieved thereby, including the
Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement or covenant
contained in this section, including an action for a writ of mandamus or specific performance.
Direct, indirect, consequential and punitive damages shall not be recoverable for any default
hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained
herein, in no event shall a default under this section constitute a default under the Bonds or under
any other provision of this resolution. As used in this section, Owner or Bondowner means, in
respect of a Bond,the registered owner or owners thereof appearing in the bond register
maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such
Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein,Beneficial Owner means, in
respect of a Bond, any person or entity which (i)has the power,directly or indirectly,to vote or
consent with respect to, or to dispose of ownership of, such Bond(including persons or entities
holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the
owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection
(c)hereof, either directly or indirectly through an agent designated by the City,the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2004,the following financial information and
operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) to the extent not included in the financial statements referred to in paragraph(A)
hereof, an update of the operating and financial data of the type of information
contained in the Official Statement under the captions ECONOMIC AND
FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT
STATISTICS; GENERAL INFORMATION- "Major Employers"and
"Building Permits."
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified,the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof,the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements,which have been submitted
to each of the repositories hereinafter referred to under subsection(c)or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact(as defined in paragraph(2)hereof), then, from
and after such determination,the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall
include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of
financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is
a Material Fact(as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonablyprudent would
ou d attach importance thereto in deciding to bu hold or sell a
p P g Y�
Bond or, if not disclosed,would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes f he r 1 f a Bond within the
purp sot purchase, holding o sale o o d
meanie of ap
plicable pp lic able federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner,notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph(b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection(d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described in
subsection(b)to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
(1) the information described in paragraph(1)of subsection(b),to each then nationally
recognized municipal securities information repository under the Rule and to any
state information depository then designated or operated by the State of Minnesota
as contemplated by the Rule (the State Depository), if any;
(2) the information described in paragraphs (2)and(3)of subsection(b),to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection (b),to any rating agency then maintaining a
rating of the Bonds at the request of the City and,at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs(1)or(2)of this subsection(c), as the case may be,
or, if such information is transmitted with a subsequent time of release, at the time
such information is to be released.
(d) Term,Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence,however,the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings,the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
2 This section and the form and requirements f the Disclosure( ) ( q s o s Information)may be
amended or supplemented by the City from time to time,without notice to (except as
provided in paragraph (c)(3)hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel,who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications,to the
effect that: (i) such amendment or supplement(a)is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity,nature or status of the City or the type of operations conducted by the
City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5)
of the Rule; (ii)this section as so amended or supplemented would have complied
with the requirements of paragraph (b)(5)of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a)and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and(iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended,the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 10. CERTIFICATION OF PROCEEDINGS.
10.01. Registration of Bonds. The City Manager is hereby authorized and directed to file
a certified copy of this resolution with the County Auditor of Hennepin County,together with
such additional information as the County Auditor may require, and to obtain from the County
Auditor a certificate that the Bonds have been duly entered upon the County Auditor's bond
register.
10.02. Authentication of Transcript. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney
LLP,Bond Counsel,certified copies of all proceedings and records relating to the Bonds and
such other affidavits, certificates and information as may be required to show the facts relating to
the legality and marketability of the Bonds, as the same appear from the books and records in
their custody and control or as otherwise known to them, and all such certified copies, affidavits
and certificates, including any heretofore furnished, shall be deemed representations of the City
as to the correctness of all statements contained therein.
10.03. Official Statement. The Official Statement relating to the Bonds, dated
, 2005, relating to the Bonds prepared and distributed by Northland Securities,
Inc.,the financial advisor for the City, is hereby approved. Northland Securities, Inc., is hereby
authorized on behalf of the City to prepare and distribute to the Purchaser within seven business
days from the date hereof, a supplement to the Official Statement listing the offering price,the
interest rates, selling compensation, delivery date,the underwriters and such other information
relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted
by the Securities and Exchange Commission(the SEC)under the Securities Exchange Act of
1934. The officers of the City are hereby authorized and directed to execute such certificates as
may be appropriate concerning the accuracy, completeness and sufficiency of the Official
Statement.
ADOPTED by the Eden Prairie City Council on October 4, 2005.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. H.
Paul Sticha, Office of the City Snow Removal Contract for 2005—
Manager, Facilities 2006 Season
Requested Action
Move to: Accept the proposal from Greenside, Inc. to perform snow removal service at City
Hall, Den Road Liquor Store,Fire Stations 1, 2, & 3 and Building 51 for the 2005—2006 winter
season (Oct 15,2005—Apr 15, 2006).
Synopsis
• See attached cost comparison.
Background Information
• Two proposals were solicited for snow removal at these buildings, one from Beniek and one
from Greenside.
• Snow removal service for lots, drives, sidewalks and steps will be provided by contractor at
City Hall, Fire Station I and Den Road Liquor.
• Snow removal service for sidewalks and steps will be provided by contractor at Fire Stations
2&3 and Building 51.
• Snow removal from lots and drives will be provided by Public Works at Stations 2& 3 and
Bldg 51.
• Facilities staff will provide"back-up" for sidewalks and steps during extreme weather
conditions.
• Services include snow removal from drives, entries, lots and sidewalks on a"per time" basis
with cost depending on the depth of snowfall. Services also include broadcasting salt on
sidewalks and sand/salt mix on drives and lots. Other services are provided on an hourly
basis as needed.
• When comparing the two proposals, Greenside is low on some line items and Beniek is low
on other line items. The two proposals are very close and very competitive.
• Greenside has several contracts for nearby buildings where they park their front-end loaders,
large trucks and sand/salt inventory for easy access should we need them at City buildings.
• We did receive a number of complaints from our tenants and our co-workers last year, so
Facilities staff agrees we need to try a different contractor.
• If Council approves,we will send contract to Greenside for signature.
Attachments
• Cost comparison worksheet
2004-2005 Snowplowing Proposals
Snow Plowing Cost Comparison, 2005 - 2006 Season
City Hall Den Road Station 1 Sta 2 & 3 and Bldg 51
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��M' reen. i r .. .
Lots & Drives
Snow Falls 1"-4" $ 1,530.00 $ 1,655.00 $ 210.00 $ 240.00 $ 210.00 $ 185.00 N/A N/A
Snow Falls 4"-8" $ 2,125.00 $ 2,210.00 $ 330.00 $ 370.00 $ 330.00 $ 275.00 N/A N/A
Snow Falls 8" -12" $ 3,975.00 $ 4,205.00 $ 570.00 $ 595.00 $ 570.00 $ 366.00 N/A N/A
Sand/Salt Lots per Ton $ 70.00 $ 65.00 $ 70.00 $ 65.00 $ 70.00 $ 65.00 N/A N/A
Truck with Plow $ 70.00 $ 75.00 $ 70.00 $ 75.00 $ 70.00 $ 75.00 N/A N/A
Skid Loader with Bucket $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 N/A N/A
Snow Blower $ 125.00 $ 90.00 $ 125.00 $ 90.00 $ 125.00 $ 90.00 N/A N/A
Dump Truck $ 80.00 $ 68.00 $ 80.00 $ 68.00 $ 80.00 $ 68.00 N/A N/A
Sidewalks & Stairs
Labor& Equipment per Hour 50.00 50.00 50.00 50.00
CITY COUNCIL AGENDA DATE: October 4, 2005
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. I.
Paul Sticha, Office of the City Award contract for concrete repairs at
Manager,Facilities 12 City owned buildings
Requested Action
Move to: Award contract for concrete repairs (both"flat work"and"mud jacking")to Metro
Concrete.
Synopsis
Contractor Concrete "Mud Jacking"
Axel H Ohman $52,200 N/A
Hage Concrete $37,312 N/A
Crosstown Concrete Declined N/A
Concrete Technology Declined N/A
Cement Raising N/A $1,625
Metro Concrete $16,025 $1,182
Background Information
Specifications were written by Environmental Process Inc. (EPI) and bidders were selected based
on previous successful projects where these same contractors had been used. Upon approval
from Council, contract will be forwarded to Metro Concrete for signature and then returned to
Mayor/City Manager for signature.
CITY COUNCIL AGENDA DATE: October 4, 2005
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. J.
Paul Sticha, Office of the City Award contract for roof replacement at
Manager, Facilities Staring Lake Shelter and Miller Ice Rink
Shelter
Requested Action
Move to: Award contract for shingle roof replacement to Sela Roofing.
Synopsis
Contractor Base Bid
Sela Roofing $15,300
United Roofing $15,338
Walker Roofing $35,600
Western Roofing $13,244*
Midwest Roofing $20,505
Background Information
Specifications were written by Environmental Process Inc. (EPI)and bidders were selected based
on previous successful projects where these same contractors had been used. *Western was
initially selected as low bidder but after clarifying their bid,they did not include the specified
asbestos abatement that is required, and ultimately declined the work. Upon approval from
Council, contract will be forwarded to Sela Roofing for signature and then returned to
Mayor/City Manager for signature.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A.
Community Development/Planning Eden Prairie Tech Center
Janet Jeremiah/Michael Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 16.47 acres; and
• Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment in the I-5 Zoning District on 5.01 acres; and
• Adopt the Resolution for Preliminary Plat on 16.47 acres into one lot and one outlot; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
The proposed plan is to subdivide the property into a 10 acre and a 5 acre lot. The north portion
of the building would be removed on the proposed 10 acre lot. The south 69,500 square feet of
building would remain on the proposed 5 acre lot.
The site plan for the 69,500 square foot building conforms to the requirements for the I-5 zoning
district for setbacks, base area, floor area, and parking.
The developer has submitted an acceptable TDM Plan.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the September 12,
2005 meeting subject to a revised landscape plan to include 161 additional inches of trees, and a
rooftop mechanical equipment screening plan for existing and proposed units. The plans have
been revised according to the recommendation of the Planning Commission.
Attachments
1. Resolution for PUD Concept Review
2. PUD Legal Description
3. Resolution for Preliminary Plat
4. Staff Report September 9, 2005
5. Site Location Map
6. Zoning and Land Use Maps
EDEN PRAIRIE TECH CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN PRAIRIE TECH CENTER
FOR MOUNT PROPERTIES
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development(PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on September 12,
2005, on Eden Prairie Tech Center by Mount Properties and considered their request for
approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS,the City Council did consider the request on October 4,2005.
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Prairie Tech Center, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated September 23, 2005.
3. That the PUD Concept meets the recommendations of the Planning Commission
September 12, 2005.
ADOPTED by the City Council of the City of Eden Prairie this 4t'day of October, 2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept-
Legal Description:
Scanned Attachment
1
LEGAL DESC:RIPTiON
That part of the North Half of the Northwest Quarter of the Southeast Quarter lying southeasterly of the
centerUne of Flying Cloud Drive.
AND
That part of the Southwest Quarter of the Northeast Quarter lying Southeasterly of the centrline of Flying
Cloud Drive.
All in Section 1, Township 116 North, Range 22 West Hennepin County. Minnesota
Lying Northerly and Easterly of a line described as commencing at the Southeast comer of said North Half
of the Northwest Quarter of the Southeast. thence Northerly along the East line of said North Half
of the Northwest Quarter of the Southeast .Quarter 514.21•feet'to-the pout-of beginning of the line to be
described; thence Southwesterly, deflecting to the left 128 degrees 26 minutes 44 seconds 212.15 feet:
thence Westerly._606ding-to'the rout-40-degrees-50-'minutia 55 seconds a distance of 737:-F2•feek
thence Northerly, deflecting to the right 90 degrees 00 minutes 00 seconds 362.59 feet; thence
Northwesterly deflecting to-the left 31 degrees 05 minutes 29 saconds_a-.distance:of_20&73_fee#_.to the
centeiine of flying Claud Drive and said line there terminating, according to the United States Government
Survey thereof and situate In Hennepin County, Minnesota,
Together with:
A 20:00'foo!`easeiriehf 16r'storm sewer-purposes over. under and across t3rat part of the North K4f of
the-Worthwest Quarter of the Southeast Quarter of Section 1, Township 116. Ranges 22. Henneph-County.
Minnesota, the cantedine of said 2CLC>D foot.ausement is described as commencing at the Southeast
comer of said Nbdh'Half'of' he Northeast`CRrarfer if- oattiatist'Qiiei�fer;'$rence=tn'our=eissarrned
bearing of North 0 degrees 35 minutes 12 seconds East, along the East line of said Northwest Quarter of
the Southeast Quarter, a distance of 514M' feet; thence South 52 degrees 08 minutes 28 seconds West a
distance of 212.15 feet; thence North 87 degrees 00 minutes 37'secands West a distance of 250.66 feet.
hereinafter referred to as 'tine A. to the point of beginning of said canterine.to.be dascrtbee; thence
South 1 degree 54 minutes 17 seconds East a distance of 80.04 feet; thence South 87 degrees¢.3
minutes 14 seconds East a distance of 307.27 feet and said centerline there terminating.
Together with a 20.00 foot easement for storm sewer purposes over. under and nabs.that.pa[t of said
North Half of the Northwest Quarter of the Southeast Quarter, the cante fte of said 20A0 foot easement
J is described as begTnnliig at a point on the above described centerllne.distant W12 feet Westerly of its
terrnuius: thence North 0 degrees 09 minutes C17 seconds East a distance of 69.40 feet; thence North 16
degrees 36 minutes 36 seconds West a distance of 10.93 feet to said 'Line A' and said ce nteriine there
terminating. (Sea Document No. 6590458)
Together with;
An easement for snow storage purposes over that part of the North Half of the Northwest Quarter of the
South-east Quarter of Section 1, Township 116. Range 22, Hennepin County. Minnesota. described a
commencing as.the Sout teast.iCamer.of said Nodh half Qf..the Northwest Quarter of the Southeast
Quarter, thence on an assumed bearing of North 0 degraea 35�mina '2 sewn a Edst
line of said Northwest Quarter of the Southeast Quarter, a distance of 514M feet to the point of
beginning; thence South 52 degrees 08 mlrnites 287secands West a distance of 212.15 feet; thence South
87 degrees 00 minutes 37 seconds East a distance of 166.30 feet to sold East line of the Nord-wrest
Quarter of the Southeast Quarter: thence Northerly along said East tine of Northwest Quarter of the
Southeast Quarter a distance of 138.88 feat to the point of beginning. (See Document No. 6590459)
Together with:
An easement for ponding purposes over, under and across that pat of the North Half of the Northwest
Quarter of the Southeast Quarter of Section 1. Township 116, Range 22. Hennepin County. Minnesota.
described as beginning at the Southeast Come' of said North Half of the Northwest Quarter of the
Southeast Quarter. thence on an assumed bearing of North 0 degrees 35 minutes 12 seconds East. along
the East line of said Northwest Quarter of the Southeast Quartet, a distance of 514M feet; thence South
52 degrees 08 minutes 28 seconds..west a distance of 212.15 feet; thence South 53 degrees 14 minutes
21 seconds East a distance of 76.33 feet; thence South 2 degrees 59 minutes s 27 seconds West a
distancer-af 332:57-feet-to•the--South4ine.-a edd-North, &.Southeast. .
Quarter thence Easterly along said South line of the North Half of the Northwest Quarter of the Southeast
Quarter a distance of 11560 feet to the point of beginning. (See Document No. 6590460)
Hennepin County Minnesota
Abstract Property
EDEN PRAIRIE TECH CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF EDEN PRAIRIE TECH CENTER FOR MOUNT PROPERTIES
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eden Prairie Tech Center for Mount Properties stamp dated
September 23, 2005, and consisting of 16.47 acres into one lot and one outlot, a copy of which is
on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 4th day of October, 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
FROM: Michael D.Franzen, City Planer
DATE: September 9, 2005
PROJECT: Eden Prairie Tech Center
LOCATION: Flying Cloud Drive and Shady Oak Road
APPLICANT Mount Properties
OWNERS: United Properties
REQUEST: 1. Planned Unit Development Concept Amendment Review on 16.474
acres
2. Planned Unit Development District Review with waivers on 5.01 acres
3. Zoning District Amendment in the I-5 Zoning District on 5.01 acres
4. Site Plan Review on 5.01 acres
5. Preliminary Plat of 16.474 acres into one lot and one outlot.
Staff Report—Eden Prairie Tech Center
September 9,2005
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this 16.47 acre site for industrial use. The property is
currently zoned I-5 (industrial). There is an existing 200,000 square foot building on the site.
This site is also part of the Golden Triangle Study. That study suggested a flex use or a 75%
minimum office use.
PLANNED UNIT DEVELOPMENT
The proposed plan is to subdivide the property into a 10 acre and a 5 acre lot. The north portion
of the building would be removed on the proposed 10 acre lot. The south 69,500 square feet of
building would remain on the proposed 5 acre lot.
A 91,000 square foot office building is shown as a concept plan for the proposed 10 acre lot.
For both sites the proposed office use is 69%and the proposed warehouse use is 31%.
SITE PLAN
The site plan for the 69,500 square foot building conforms to the requirements for the I-5 zoning
district for setbacks, base area, floor area, and parking.
DRAINAGE
All storm water will be treated to NURP standards.
UTILITES
The buildings will be connected to City sewer and water.
ACCESS AND ROAD IMPROVEMENTS
Flying Cloud Drive is part of a capital improvement program of the City and will be improved to
a typical industrial street standard. There are many driveway access points on this road that
should be reduced or consolidated to accommodate safer turning movements and to maintain the
integrity of the flow of traffic. For this reason there should be one access to each site in this
development with a private cross access connecting the two sites. The access on the ten acre lot
should align opposite Crosstown Circle.
LANDSCAPING
The amount of landscaping required is based on the square footage and tree replacement.
Landscaping based on building square footage is 212 inches.
Staff Report—Eden Prairie Tech Center
September 9,2005
Page 3
There are 347 diameter inches of significant trees.A total of 176 inches will be lost due to
construction. The required tree replacement is 118 inches.
The total landscaping required is 330 inches. The plan shows 169 inches. The plan should be
revised to provide 161 inches. There is room on site to meet this requirement by increasing the
tree sizes and adding more trees.
ARCHITECTURE
The building conforms to the exterior material requirements for industrial zoning. There are
existing mechanical equipment on the roof that are visible from Flying Cloud Drive.All existing
and future mechanical equipment is required to be screened from public roads and adjacent
differing land uses.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Amendment Review on 16.474 acres
• Planned Unit Development District Review with waivers on 16.474 acres
• Zoning District Amendment in the I-5 District on 5.01 acres
• Site Plan Review on 5.01 acres
• Preliminary Plat of 16.474 acres into 2 lots and road right of way..
This is based on plans dated September 8, 2005, and the following conditions:
1. Prior to City Council Review,the proponent shall:
A. Revise the landscape plan to include 161 additional inches of trees.
B. Provide a rooftop mechanical equipment screening plan for existing and proposed
units.
2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff,
utility, and erosion control plans for review and approval by the City Engineer and
Watershed District.
3. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control at the grading limits.
4. Prior to building permit issuance for the property,the proponent shall:
Staff Report—Eden Prairie Tech Center
September 9,2005
Page 4
A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the
landscaping/tree replacement plan for 330 inches.
B. Review the plans with the Fire Marshal
C. Provide a rooftop mechanical equipment screening plan for existing and proposed
units.
Area Location Map - Eden Prairie Tech Center
Address: 6509 Flying Cloud Drive
77 `( Crosstown Circle
/i
r jj ;y✓, Washington Ave.
Flying Cloud Drive
Shady Oak Road
N .
N Scale
I_onin,4 Map
Eden Prairie Tech Center
6509 Flying card Drive, Eden Prairie, Minnesota
3
Crosstown Circle
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3 F i` — f A Washington Avenue
a
sM _
�'� Flying Claud Drive
01�
212 t
Shady Oak Road
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A
1
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1 1 —
City of Eden Prairie Zoning Map
Rura One Famlly .to acre nrin. Highway amimmer'ba€ Shoreland Manage fin',Cla35#ica#1 ns
.....;'tom°°:-44 One Family-44,0W sf.min. Regional Service%rammercw9 Natural Environment Wate`5 �'...
RD Recreational Development Waters
RI 22 One Family-22,NN)si m r Heg orm;tie rwwrcml _ r
�c-z General Develt)prnent Waters(Creeks Only)
R'-13 5 One Family13,5 0 sf min 'Industrial Park-2 A;re Min. r .
[ i,y(y Year F oo p to
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ria.73ta ?�. v of ounf P n7 94 y r-<#h?oPd. �.�,.,.rr'bkrt.�.e�at 11"dS'sYixc+
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office 'r^pater �. �a _ 3
Neighnari)o0a Gen mercia; Riot-of-"Nay
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Guide Plan Map
Eden Prairie Tech center
6509 Flying Cloud Drive, a r rie, Minnesota
Crosstown Circle j
f
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4
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Lvov Density Residemial 0-2,5 Unilsr'Acre lveighbarhoad Cnmmerw a Principal Arterial �
Low Jeri>ityiFr.3EyticC3pen Space Community Barr=,mem-'al A Mir or A terra
Men=urn Density resdentia 2.5-10 Units r-re � Regionai Cpmrrier.iai a--=S Mires Arteria'
Mer�9um Defisis} Pa*0;,en Space -Major collecto,
-tigif Density R.esi,ertia 10-4,Umtsr'A're P b6,r; uasi vhti M.nor
^f'%;i> Churdw'Ceme ery
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industnai Metropolitan l rlw Seral e Line"MUSA)
C,aeks
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B.
Community Development/Planning Eden Bluff Corporate Center 1
Janet Jeremiah/Michael Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 36.8 acres; and
• Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Change from Rural to Office on 18.47 acres; and
• Adopt the Resolution for Preliminary Plat on 36.8 acres into one lot and two outlots; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions; and
• Direct staff to issue a land alteration permit, and footing and foundation permit.
Synopsis
This project is a 150,000 square foot office building. The parking setback is proposed to be
decreased from 35 feet to 17.5 feet so that additional green space and trees can be added to the
west side of the site to provide a better buffer to the future residential area across the pond.
Background
The revision to the overall Planned Unit Development creates a potential screening issue with
future homes across Liatris Lane. The developer has prepared plans A, B, and C to address the
screening issue.Plans B and C work best, since the buildings screen the loading area.Plan A
would work if the center driveway access to the loading area is eliminated and the south entrance
is used. This waytherewould
ou d be room for a continuous berm and plantings to block site lines
into the loading area. The Planning Commission recommended that the center driveway be
removed for better screening of the loading area.
The developer has submitted an acceptable TDM Plan.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the September 12,
2005 meeting. The plans have been revised according to the Planning Commission
recommendation regarding signs.
Attachments
1. Resolution for PUD Concept Review
2. Resolution for Preliminary Plat
3. Staff Report September 9, 2005
4. Site Location Map
5. Zoning and Land Use Maps
EDEN BLUFF CORPORATE CENTER I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN BLUFF CORPORATE CENTER I
FOR EDEN BLUFFS HOLDING
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development(PUD)Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on September 12,
2005, on Eden Bluff Corporate Center I by Eden Bluffs Holding and considered their request for
approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS,the City Council did consider the request on October 4,2005.
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Bluff Corporate Center I, being in Hennepin County,Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated September 23, 2005.
3. That the PUD Concept meets the recommendations of the Planning Commission
September 12, 2005.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of October,
2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Rezoning Legal Description:
That part of Outlot D, EDEN BLUFF HIGHLANDS, according to the recorded plat of Hennepin
County, Minnesota, lying southerly of the following described line:
Commencing at the southwest corner of said Outlot D; thence North 29 degrees 44 minutes 58
seconds East, assumed bearing along a westerly line of said Outlot D, a distance of 529.18 feet;
thence North 29 degrees 28 minutes 46 seconds West,a distance of 125.92 feet,to the actual point of
beginning of the line to be described; thence North 60 degrees 31 minutes 25 seconds East, a
distance of 344.51 feet;thence North 18 degrees 05 minutes 52 seconds,East, a distance of 53.52
feet; thence South 71 degrees 54 minutes 04 seconds East, a distance of 336.60 feet; thence
southeasterly along a tangentual curve concave to the northeast,having a radius of 117.50 feet,an
arc length of 38.59 feet,and an included angle of 18 degrees 48 minutes 56 seconds,thence bearing
North 89 degrees 17 minutes 00 seconds East tangent to last described curve, a distance of 407.87
feet,to the easterly line of said Outlot D, and there terminating.
EDEN BLUFF CORPORATE CENTER I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF EDEN BLUFF CORPORATE CENTER I FOR EDEN BLUFFS HOLDINGS LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eden Bluff Corporate Center I for Eden Bluffs Holding LLC stamp
dated September 23, 2005, and consisting of 36.8 acres into one lot and two outlots, a copy of
which is on file at the City Hall, is found to be in conformance with the provisions of the Eden
Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 4th day of October, 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
FROM: Michael D.Franzen, City Planer
DATE: September 9, 2005
PROJECT: Eden Bluffs Corporate Center 1
LOCATION: Charlson Road and Highway 212
APPLICANT Eden Bluffs Holdings LLC
OWNERS: Eden Bluffs Holdings
REQUEST: 1. Planned Unit Development Concept Review on 36.8 acres
2. Planned Unit Development District Review with waivers on 18.47 acres
3. Zoning District Change from Rural to Office on 18.47 acres
4. Site Plan Review on 18.47 acres
5. Preliminary Plat of 36.8 acres into 1 lot, and 2 outlots
Staff Report—Eden Bluffs Corporate Center 1
September 9,2005
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this site for office-industrial use. The property is zoned
Rural. The site has PUD Concept approval for;
• Office—228,000—352,000 sf..
• Office Warehouse—269,150 sf.
• Retail—9,000.sf
PLANNED UNIT DEVELOPMENT CONCEPT
The development proposal requires an amendment to the approved PUD Plan. The proposed uses
are.
• Office—242,000—351,450 sf.
• Office Warehouse—32,400-175,200 sf.
• Retail—9,000 sf.
The future homes on the west side of Liatris Road will be looking into a loading court.Loading
areas must be screened from public roads and adjacent different land uses.
The developer has prepared plans A,B, and C to address the screening issue.Plans B and C
work best, since the buildings screen the loading area. Plan A would work if the center driveway
access to the loading area is eliminated and the south entrance is used. This way there would be
room for a continuous berm and plantings to block site lines into the loading area.
SITE PLAN
Proposed Lot 1 is a one story, 150,000 square foot office building. The building meets the
requirements for setbacks, base area ratio, and floor area ratio.
The amount of parking required is 600 spaces.A total of 990 parking spaces are shown on the
plan.
The parking setback along Charlson Road is 17.5 feet at its closest point. This is a waiver from
the required 35 foot front yard setback. The waiver moves green space to the west side of the
project to provide more room for plantings to screen the building and parking from future
residential homes to the west.
DRAINAGE AND UTILITIES
All storm water will be treated to NURP standards. The buildings will be connected to City
sewer and water.
Staff Report—Eden Bluffs Corporate Center 1
September 9,2005
Page 3
ACCESS AND ROAD IMPROVEMENTS
A prior developer agreement for this site requires Charlson Road and Highway 212
improvements to be completed prior to occupancy permit. Most of Charlson Road will be
completed this fall.Highway 212 improvements are under contract and the completion date is
expected to be next June which should coincide with the completion of the building.
LANDSCAPING
The amount of landscaping required is based on the square footage of the building or 469 inches.
Tree replacement required is1,288 inches.A total of 463 inches will be replaced on site. The
balance will be replaced on each lot on other office and industrial sites when they develop. The
landscape plan meets the landscaping and tree replacement requirements.
ARCHITECTURE
The buildings meet the requirements of City code for 75%face brick glass and stone.
SITE LIGHTING
Since this office site is adjacent to residential the maximum parking lot pole height should be 20
feet.
SIDEWALKS AND TRAILS
Sidewalks and trials are shown on the plan. There is an 8 foot wide bituminous trial along
Charlson Road.An 8 foot wide bituminous trial within the parking lot provides a direct
connection from the residential areas to the west to the future commercial on the east side of
Charlson Road.
SIGNS
The office zoning district permits free standing signs,building identification signs, and tenant
signs.
For freestanding signs, one 50 square foot and one 36 square foot sign is permitted. The plan
shows an 84 square foot sign and a 45 square foot sign.
The code allows one 50 square foot building identification sign per street frontage.No building
identification signs are shown on the plan.
Tenant signs on the building are limited to 30 square feet each. The proposed sign is 44 square
feet.
Staff recommends that all signs be revised to meet City code.
Staff Report—Eden Bluffs Corporate Center 1
September 9,2005
Page 4
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Review on 36.8 acres
• Planned Unit Development District Review with waivers on 18.47 acres
• Zoning District Change from Rural to Office on 18.47 acres
• Site Plan Review on 18.47 acres
• Preliminary Plat of 36.8 acres into 1 lot and 2 outlots.
This is based on plans stamped dated September 8, 2005, and the following conditions:
1. Prior to City Council Review,the proponent shall:
A. Revise the sign plan to meet City code requirements.
B. Revise Plan A to eliminate the central driveway access.
2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff,
utility, and erosion control plans for review and approval by the City Engineer and
Watershed District.
3. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control at the grading limits.
4. Prior to building permit issuance for the property,the proponent shall:
A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the
landscaping/tree replacement plan for 932 caliper inches.
B. Pay the Cash Park Fee.
C. Review the plans with the Fire Marshal
D. Submit building materials and colors for review and approval.
5. The following waivers are granted through the PUD for the project:
A. Parking setback from 35 feet to 17.5 feet along Charlson Road.
6. Accept Plan A as modified, Plan B, and Plan C, as future uses for the site on Liatris Lane
and Charlson Road.
Area Location Map - Eden Bluff Corporate Center l
Address: NW corner ofHwy 212 & Charlson Road, Eden Prairie
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City of Eden Prairie Zoning Map
' 'Rural One Fatuity 10 acre min, M H Qnway commercial Shoreland Management Classifications
.....-.°RI-44 One P'am&y-44,000 St,roan_ on Regional Service Cmme vial ` Natural Environment Waters "�'"M►..
R1-22 One Family-22,000 sf min. Regiorwl Commercial Recreational Development Waters
General Development Waters(Creeks Ort y)
RI-13.5 One Famiy-13,500 Sf min lrttlustral Park-2Acre Mir, 0 300- Year Eloodplain
PI-9.5 One Family-$,500 sf miry, x Industrial Park- 5 Acre Min_ ,
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Guide Plan Map
Eden duff Corporate Center I
NW Corner of HWY 212 & Charlson Road, Even Prairie, Minnesota
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Hip Density ResidP.ntial 10-40 t nits.T.cfe Public Quasi-P.€tal€c _— —F f nD€w=eL',s 7
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CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims October 4, 2005
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:VIII.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 145030- 145432
Wire Transfers 2322-2328
City of Eden Prairie
Council Check Summary
10/4/2005
Division Amount
General 36,704
100 City Manager 6
101 Legislative 45
104 Contingency 2,142
110 City Clerk 490
III Customer Service 14,516
112 Human Resources 75
113 Communication Services 2,286
115 Risk Management 253
116 Facilities 111,957
117 City Center 113,370
130 Assessing 1,397
131 Finance 347
134 Heritage Preservation 985
135 Information Technology 59
136 Wireless Communication 8,665
138 Community Development Admin. 2
150 Park Administration 125
151 Park Maintenance 16,406
152 Parks Capital Outlay 8,530
153 Organized Athletics 3,107
154 Community Center 6,322
155 Beaches 11
156 Youth Programs 1,481
1.57 Special Events 1,595
158 Adult Recreation 1,509
159 Recreation Administration 26
160 Therapeutic Recreation 78
161 Oak Point Pool 1,148
162 Arts 3,886
163 Outdoor Center 1,316
164 Park Rental Facilities 978
180 Police 26,436
183 Emergency Preparedness 64
184 Fire 6,911
186 Inspections 287
200 Engineering 573
201 Street Maintenance 4,484
202 Street Lighting 1,336
203 Fleet Services 51,505
204 Equipment Revolving 40,479
301 CDBG 6,447
308 E-911 1,481
316 WAFTA 6,361
502 Park Development 39,472
503 Utility Improvement 7,770
506 hnprovment Bonds 1996 12,212
507 Construction Fund 43,030
509 CIP Fund 272,968
511 Construction Fund 38,090
512 CIP Trails -268
516 ADC PROJECT 3,907
601 Prairie Village Liquor 115,430
602 Den Road Liquor 180,924
603 Prairie View Liquor 96,613
605 Den Road Building 1,639
701 Water Fund 144,428
702 Sewer Fund 2,517
703 Storm Drainage Fund 43,192
803 Escrow Fund 29,263
806 SAC Agency Fund 37,700
807 Benefits Fund 431,483
Report Totals 1986 538
City of Eden Prairie
Council Check Register
10/4/2005
Check# Amount Vendor/Explanation Account Description Business Unit
2322 10,550 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2323 15,358 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2324 77,025 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2325 27,841 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2326 140,583 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2327 527 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2328 83,718 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
145030 75 BALLOONIES,INC Employee Award Human Resources
145031 1,354 BRINK,PATRICK Mileage&Parking Communication Services
145032 332 CAMPBELL KNUTSON,P.A. Other Contracted Services WAFTA
145033 152 CENTERPOINT ENEGY Gas Water Treatment Plant
145034 58 COSTCO Video&Photo Supplies Communication Services
145035 402 DEGRUSH,STEVE Mileage&Parking Tree Disease
145037 36 KESTER,EVELYN Program Fee Trips
145038 113 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store
145039 1,477 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance
145040 21 QUICKSILVER EXPRESS COURIER Postage Communication Services
145041 1,610 QWEST Telephone E-911 Program
145042 28 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation
145043 70 STOVRING,LESLIE Mileage&Parking Storm Drainage
145044 383 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Winter Theatre
145045 740 JENNINGS EXPERIMENTAL HIGH SCH Other Contracted Services Sunbonnet Days
145046 1,155 MAAO Conference Expense Assessing
145047 37,323 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
145048 7,888 MINNESOTA STATE TREASURER Building Surcharge General Fund
145049 1,465 US POSTMASTER-HOPKINS Postage Water Accounting
145050 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
145051 4,136 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
145052 1,972 BOBS LAWN&LANDSCAPING,INC Landscape MateriaWSupp Charlson Area Construction
145053 40 BOLD,PAULINE Instructor Service Outdoor Center
145054 37 BRAGG,ANNALISA Operating Supplies Outdoor Center
145055 80 CAMPOS,LORI Instructor Service Outdoor Center
145056 42 CHELIKOWSKY,JAMES Outside Water Sales Water Enterprise Fund
145057 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance
145058 1,935 COMMISSIONER OF TRANSPORTATION Other Contracted Services Construction Fund
145059 128 COSTCO Operating Supplies Youth Programs Administration
145060 25 EDEN PRAIRIE NEWS Dues&Subscriptions Den Road Liquor Store
145061 397 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services
145062 1,677 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
145063 75 GOVERNMENT TRAINING SERVICE Conference Expense Finance
145064 48 LANNERS,KEVIN Outside Water Sales Water Enterprise Fund
145065 64 MCFERRIN,TANYA Operating Supplies Outdoor Center
145066 42 MENARDS Operating Supplies Park Maintenance
145067 5,761 METRO SALES INCORPORATED* Other Rentals General
145068 250 MN GIS/LIS CONFERENCE Conference Expense Engineering
145069 525 NEW FOGEY FOLLIES Operating Supplies Red Hat
145070 60 PLOSZAY,ANDREA Mileage&Parking Aquatics&Fitness Admin
145071 183 ROBINSON,MICHELLE Outside Water Sales Water Enterprise Fund
145072 725 SEARS COMMERCIAL ONE Supplies-General Bldg Community Center Maintenance
145073 45 TIME WARNER CABLE Dues&Subscriptions City Council
145074 682 UNITED RENTALS HIGHWAY TECHNOL Other Rentals July 4th Celebration
145075 36 VERIZON WIRELESS Pager&Cell Phone Street Maintenance
145076 24 W GORDON SMITH COMPANY,THE Motor Fuels Fleet Services
145077 175 XCEL ENERGY Electric Staring Lake
145078 341 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
145079 95 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
145080 247 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
145081 3,830 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
145082 87 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store
145083 300 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store
145084 8,561 DAY DISTRIBUTING Beer Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
145085 1,060 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
145086 21,206 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
145087 115 FRED Misc Taxable Den Road Liquor Store
145088 541 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
145089 716 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store
145091 8,295 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store
145093 21,722 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
145094 823 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store
145095 22,962 MARK VII Beer Prairie Village Liquor Store
145096 890 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
145097 89 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
145098 5,206 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store
145099 13,882 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store
145100 2,423 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
145101 19,165 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store
145102 475 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
145103 16,830 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
145104 1,316 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store
145105 882 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
145106 165 AMERICAN PAYROLL INSTITUTE INC Dues&Subscriptions Finance
145107 25 ANDERSON,WANDA Program Fee Outdoor Center
145108 4,007 ARCH PAGING Pager&Cell Phone Wireless Communication
145109 50 ASPELUND,JENNIFER Program Fee Outdoor Center
145110 372 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
145111 750 ATOM Tuition Reimbursement/School Police
145112 360 B&B ASSOOCIATES/CRYSTAL Conference Expense General Facilities
145114 6,911 BIFFS INC Waste Disposal Park Maintenance
145115 1,100 BURNSVILLE,CITY OF Tuition Reimbursement/School Police
145116 122 CONSULTING RADIOLOGISTS LTD Workers Comp Insurance Risk Management
145117 12 CORPORATE EXPRESS Office Supplies General
145118 443 CRACAUER,CLIFF Mileage&Parking Fleet Services
145119 270 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin
145120 932 FEDERAL NETWORK SERVICES INC Equipment Repair&Maint Wireless Communication
145121 45 MENARDS Operating Supplies Park Maintenance
145122 1,995 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
145123 170 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing
145124 1,140 MINNESOTA STATE FAIR Deposits Escrow
145125 139 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
145126 20 MRPA Conference Expense Recreation Administration
145127 135 NFPA Dues&Subscriptions Fire
145128 72 NORMANDALE COMMUNITY COLLEGE Conference Expense Assessing
145129 697 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance
145130 156 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
145131 345 PROKOPANKO,MATTHEW Parking Permits Parking
145132 878 QWEST Telephone Wireless Communication
145133 97 RATHJE,CAROL&BOB Program Fee Trips
145134 81 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
145135 599 S&S WORLDWIDE Recreation Supplies Youth Programs Administration
145136 63 SCHROEDER NORA Program Fee Trips
145137 55 SCHULZ,JAYME Lessons&Classes Pool Lessons
145138 548 SHEGGEBY,MICHAEL Mileage&Parking Community Center Maintenance
145139 560 SHERBURNE COUNTY SHERIFF'S OFF Tuition Reimbursement/School Police
145140 15 SIPE,MINDY Program Fee Tennis
145141 5 SPINNER,LAURIE Program Fee Outdoor Center
145142 35 STATE OF MINNESOTA Operating Supplies Fleet Services
145143 11,947 TRANS ALARM INC Other Assets Police
145144 25 TUCKER,KATE Program Fee Outdoor Center
145145 2,417 UNCOMMON GATHERINGS Other Contracted Services Arts Initiative
145146 195 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage
145147 65 UNIVERSITY OF MINNESOTA Conference Expense Inspections-Administration
145148 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin
145149 72 VIKING AUTOMATIC SPRINKLER Cash Over/Short General Fund
145150 10 WESTAIR INC Cash Over/Short General Fund
145151 125 WHITE,NICOLE Travel Expense Parks Administration
145152 62,729 XCEL ENERGY Electric City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit
145153 320 BATES,DON Other Contracted Services Community Band
145154 158 BOSACKER,MIKE Tuition Reimbursement/School Police
145155 90 CINGULAR WIRELESS Pager&Cell Phone Police
145156 50 COMMISSIONER OF TRANSPORATION Operating Supplies Engineering
145157 163 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
145158 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
145159 17 FRANKLIN,WOODROW G Operating Supplies Reserves
145160 91 GE CAPITAL Other Rentals General
145161 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
145162 2,160 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police
145163 1,652 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
145164 37 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals
145165 110,904 ISTATE Autos Capital Impr./Maint.Fund
145166 44 KELLY,SANDRA Clothing&Uniforms Police
145167 2,923 LANO EQUIPMENT INC Machinery&Equipment Public Works
145168 800 LUSHINE,PEGGY E Other Contracted Services Arts Initiative
145169 176 MILLARD,EMILY Canine Supplies Police
145170 1,989 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
145171 100 MN FALL MAINTENANCE EXPO Conference Expense Water Utility-General
145172 300 NORTH MEMORIAL HEALTH CARE Other Contracted Services Police
145173 76 PETTY CASH-EPCC Mileage&Parking Community Center Admin
145174 8,023 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
145175 7,432 PRAIRIEVIEW RETAIL LLC Building Rental Prairie Village Liquor Store
145176 89 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
145177 245 PROP United Way Withheld General Fund
145178 3,622 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
145179 273 UNITED WAY United Way Withheld General Fund
145180 116 VERIZON WIRELESS Pager&Cell Phone Sewer Utility-General
145181 78 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
145182 55,738 XCEL ENERGY Electric Emergency Preparedness
145183 2,806 YOCUM OIL COMPANY INC Motor Fuels Water Utility-General
145184 14,332 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM
145185 565 COSTCO Operating Supplies Fire
145186 53 CUB FOODS EDEN PRAIRIE Awards City Manager
145187 31 CULLIGAN-METRO Other Contracted Services Outdoor Center
145188 287 DARTNELL CORPORATION,THE Dues&Subscriptions Sewer Utility-General
145189 34 DISH NETWORK Cable TV Community Center Admin
145190 25 EDEN PRAIRIE NEWS Dues&Subscriptions Fire
145191 110 FRYAR,SARA Program Fee Preschool Events
145192 107 GUIRE,TIMOTHY Program Fee Preschool Events
145193 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire
145194 90 KRESS,CARLA Mileage&Parking Senior Center Administration
145195 70 LEAGUE OF MINNESOTA CITIES Conference Expense Water Utility-General
145196 182,413 MEDICA CHOICE Medical Bills Prepaid Health and Benefits
145197 1,547 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
145198 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
145199 125 MN FALL MAINTENANCE EXPO Conference Expense Engineering
145200 9,798 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage
145201 177 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
145202 101 PROTECTION ONE Other Contracted Services Cummins Grill
145203 37 SCHEWE,LIZ Lessons&Classes Pool Lessons
145204 267 SCHMIDTKE,LISA Conference Expense Reserve
145205 345 SCHMIT,DAVID Parking Permits Parking
145206 2,365 SCHMITZ,THOMAS Tuition Reimbursement/School Fire
145207 110 SHIELY,KIM Program Fee Preschool Events
145208 491 SPRINGER,KIP Training Supplies Fire
145209 21 STREICHERS Equipment Parts Fleet Services
145210 31 SYLVESTER,LOIS Program Fee Red Hat
145211 47 TAYLOR,SCOTT Tuition Reimbursement/School Fire
145212 65 UPS Postage Fire
145213 31 WILLIAMS,ELAINE Program Fee Red Hat
145214 1,024 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance
145215 8,870 XCEL ENERGY Electric Public Works/Parks
145216 319 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
145217 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
145218 223 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
145219 5,227 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store
145220 76 BRW ENTERPRISES Wine Imported Den Road Liquor Store
145221 12,984 DAY DISTRIBUTING Beer Prairie Village Liquor Store
145222 3,543 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
145223 14,677 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
145224 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
145225 67 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store
145226 12,161 GRIGGS COOPER&CO Liquor Den Road Liquor Store
145227 210 HOHENSTEINS INC Beer Den Road Liquor Store
145229 26,191 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
145230 2,780 MARK VII Beer Prairie View Liquor Store
145231 593 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
145232 445 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
145233 5,736 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
145234 11,377 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
145235 2,564 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
145236 18,018 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store
145237 265 SPANISH WINES IMPORTERS Wine Imported Prairie View Liquor Store
145238 25,781 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
145239 48 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
145240 527 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store
145241 1,490 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
145242 1,355 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
145243 428 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store
145244 1,582 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
145245 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
145246 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
145247 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
145248 40 BOLD,PAULINE Instructor Service Outdoor Center
145249 80 CAMPOS,LORI Instructor Service Outdoor Center
145250 108 DOVER,RUTH Program Fee Trips
145251 85 GE CAPITAL Other Rentals General
145252 27,920 HENNEPIN COUNTY Deposits Escrow
145253 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
145254 990 HOME DEPOT CREDIT SERVICES Supplies-General Building City Center Operations
145255 944 METRO SALES INCORPORATED* Other Rentals General
145256 203 MID AMERICA FESTIVALS Deposits Escrow
145257 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
145258 50 PARK NICOLLET CLINIC Other Contracted Services Risk Management
145259 344 PITNEY BOWES INC Other Rentals General
145260 7,278 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund
145261 670 STRAND,RAQUEL Other Contracted Services Communication Services
145262 480 SW STATION MGMT Sign Permits General Fund
145263 315 TARGET CENTER Special Event Fees Preschool Events
145264 110 TIME WARNER CABLE Operating Supplies Fire
145265 138 WALMART COMMUNITY Operating Supplies Girls on the Run
145266 25,871 XCEL ENERGY Electric Water Treatment Plant
145267 5,587 A P LAWN INC Contract Svcs-Lawn Maint. Fire Station 41
145268 1,187 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#5
145269 1,034 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#3
145270 12,962 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund
145271 246 AMERICAN LAMINATING INC Operating Supplies Water System Maintenance
145272 312 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
145273 88 ANAMAX GREASE SERVICES LLC Other Contracted Services Concessions
145274 782 ANCHOR PAPER COMPANY Office Supplies General
145275 491 ANCHOR PRINTING COMPANY Office Supplies General
145276 170 ANDERBERG,CRAIG W. Other Contracted Services Softball
145277 138 AUDIOVISUAL INC Video&Photo Supplies Communication Services
145278 1,875 BACON&ASSOCIATES INC Other Contracted Services Reserve
145279 743 BATTERIES PLUS Supplies-HVAC City Hall-CAM
145280 672 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
145281 23,516 BECKER ARENA PRODUCTS INC Building Capital Impr./Maint.Fund
145282 2,980 BENIEK PROPERTY SERVICES INC. Contract Svcs-Lawn Maint. Fire Station#5
145283 799 BERG BAG COMPANY Repair&Maint.Supplies Storm Drainage
Check# Amount Vendor/Explanation Account Description Business Unit
145284 345 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
145285 225 BEST&FLANAGAN LLP Other Contracted Services Rehab
145286 47,899 BITUMINOUS ROADWAYS INC Improvements to Land Capital Impr./Maint.Fund
145287 324 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Den Road Building
145288 9 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
145289 10,733 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development
145290 12,124 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund
145291 4,830 BRIMEYER GROUP INC Other Contracted Services Water Utility-General
145292 2,584 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage
145293 18 C&C EMBROIDERY Operating Supplies Fire
145294 258 C&H DISTRIBUTORS LLC Repair&Maint.Supplies Water Treatment Plant
145295 16,885 CANADA GOOSE PROGRAM,THE Other Contracted Services Storm Drainage
145296 88 CATCO PARTS SERVICE Equipment Parts Fleet Services
145297 3,757 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage
145298 2,293 CENTERPOINT ENERGY Other Contracted Services Rehab
145299 479 CHUCK'S EXCAVATING INC Other Contracted Services Park Maintenance
145300 1,443 CLAREYS INC Safety Supplies Water Treatment Plant
145301 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store
145302 1,402 CORPORATE EXPRESS Office Supplies General
145303 729 CUSHMAN MOTOR COMPANY INC. Equipment Repair&Maint Fleet Services
145304 16,245 CUSTOM MANUFACTURING INC Improvements to Land Park Acquisition&Development
145305 48 CUSTOMER CONTACT SERVICES Other Contracted Services Water Treatment Plant
145306 9,719 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
145307 1,250 CY'S UNIFORMS Clothing&Uniforms Police
145308 1,707 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant
145309 5,856 DELANO ERICKSON ARCHITECTS Design&Engineering Park Acquisition&Development
145310 126 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
145311 3,600 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant
145312 901 DISPLAY SALES Supplies-General Bldg General Facilities
145313 54,189 DIVERSE BUILDING MAINTENANCE Janitor Service Fire Station#2
145314 25,233 DRT TRANSPORT Other Contracted Services Lime Sludge
145315 190 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair
145316 828 EAGLE DRY GOODS Awards Volleyball
145317 869 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM
145318 2,496 EF JOHNSON Operating Supplies Wireless Communication
145319 224 ENERGY MANAGEMENT INC Supplies-HVAC City Hall-CAM
145320 35,537 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund
145321 2,000 ESS BROTHERS&SONS Repair&Maint.Supplies Sewer System Maintenance
145322 39 FACTORY MOTOR PARTS COMPANY Repair&Maint.Supplies Fleet Services
145323 442 FALCK,TIMOTHY R Other Contracted Services Softball
145324 222 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration
145325 284 FERRELLGAS Equipment Repair&Maint Fleet Services
145326 639 G&K SERVICES Clothing&Uniforms Community Center Admin
145327 1,681 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance
145328 754 GALLS INC Capital Under$2,000 Fleet Services
145329 6,029 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA
145330 107 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance
145331 10,814 GME CONSULTANTS INC Design&Engineering Construction Fund
145332 479 GRAINGER Supplies-General Bldg Community Center Maintenance
145333 336 GREATAMERICA LEASING CORP. Other Rentals General
145334 985 GUNNAR ELECTRIC CO INC Other Contracted Services Heritage Preservation
145335 1,071 HALDEMANN HOMME INC Capital Under$2,000 Furniture
145336 332 HALL,DERRECK Other Contracted Services Softball
145337 22,047 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund
145338 738 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services
145339 20,678 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
145340 8,719 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant
145341 96 HENRY,PAUL Other Contracted Services Softball
145342 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
145343 1,985 HOFFMAN REFRIGERATION&HTG Other Contracted Services Rehab
145344 264 HOLMES,TOM Other Contracted Services Softball
145345 22 HYDROLOGIC Repair&Maint.Supplies Park Maintenance
145346 282 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance
145347 785 INFRATECH Equipment Parts Fleet Services
145348 535 INTERSTATE COMPANIES INC Equipment Repair&Maint Fleet Services
Check# Amount Vendor/Explanation Account Description Business Unit
145349 226 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Services
145350 1,560 ITRON INC. Other Contracted Services Water Meter Reading
145351 580 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
145352 558 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General
145353 55 JANEX INC Equipment Parts General Facilities
145354 37,552 JOHN DEERE GOVERNMENT&NATION Machinery&Equipment Park&Recreation
145355 654 KELLER FENCE COMPANY INC Building Repair&Maint. Water Treatment Plant
145356 7,470 KENNAMETAL INC Small Tools Fleet Services
145357 216 KUSTOM SIGNALS INC Equipment Repair&Maint Police
145358 392 LAB SAFETY SUPPLY INC Protective Clothing Storm Drainage
1.45359 435 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks
145360 3,226 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
145361 19 LANDS END CORPORATE SALES Clothing&Uniforms Police
145362 1,816 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services
145363 487 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks
145364 1,546 LIFEGUARD STORE INC,THE Clothing&Uniforms Oak Point Lessons
145365 1,625 LIONS TAP Operating Supplies Fire
145366 4,712 LIQUID ENGINEERING CORPORATION Other Contracted Services Hidden Ponds Reservoir
145367 138 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services
145368 628 LYNN'S FLOWER DESIGN Contract Svcs-Lawn Maint. City Hall-CAM
145369 400 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
145370 123 MAXI-PRINT INC Printing Police
145371 404 MENARDS Small Tools Park Maintenance
145372 9,806 METROPOLITAN FORD Equipment Parts Fleet Services
145373 1,508 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
145374 80 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake
145375 23,247 MINNESOTA CONSTRUCTION Improvements to Land Capital Impr./Maint.Fund
145376 216 MINNESOTA CONWAY Equipment Repair&Maint Fire
145377 548 MINNESOTA GLOVE INC Safety Supplies Fleet Services
145378 127 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
145379 58 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
145380 219 MTI DISTRIBUTING INC Equipment Parts Fleet Services
145381 396 NEW PIG CORPORATION Repair&Maint.Supplies Water Treatment Plant
145382 53 NFPA Fire Prevention Supplies Fire
145383 158 NUCO2 INC Chemicals Pool Maintenance
145384 71 OLSEN COMPANIES Small Tools Water System Maintenance
145385 20 OLSEN,JAMEY Operating Supplies Winter Theatre
145386 378 ORION SAFETY PRODUCTS Operating Supplies Police
145387 626 PEPSI COLA COMPANY Merchandise for Resale Concessions
145388 1,420 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Park Facilities
145389 3,035 PLEHAL BLACKTOPPING INC Improvements to Land Capital Impr./Maint.Fund
145390 1,109 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Water Well#8
145391 1,555 PRO-BOB Other Contracted Services Rehab
145392 2,220 PROSOURCE ONE Chemicals Park Maintenance
145393 62 PUBLISHERS GROUP LLCQ Training Supplies Police
145394 692 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation
145395 381 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
145396 700 RAY,LEE Other Contracted Services Softball
145397 2 RDO EQUIPMENT CO Equipment Parts Fleet Services
145398 156 REED BUSINESS INFORMATION Legal Notices Publishing Capital Impr./Maint.Fund
145399 4,671 RMR SERVICES LLC Other Contracted Services Water Meter Reading
145400 26,881 RMR SYSTEMS INC Merchandise for Resale Water Meter Reading
145401 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services
145402 1,217 SHANK CONSTRUCTORS INC Building Repair&Maint. Water Treatment Plant
145403 2,504 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals
145404 12,150 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996
145405 143 SHRED-IT Waste Disposal City Center Operations
145406 1,259 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance
145407 390 SNAP-ON TOOLS Small Tools Fleet Services
145408 41 SPORTS WORLD USA INC Merchandise for Resale Concessions
145409 61,540 SRF CONSULTING GROUP INC Design&Engineering Construction Fund
145410 740 ST CLOUD STATE UNIVERSITY Tuition Reimbursement/School Police
145411 415 STOFFEL SEALS CORP Fire Prevention Supplies Fire
145412 965 STREICHERS Clothing&Uniforms Police
145413 354 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks
Check# Amount Vendor/Explanation Account Description Business Unit
145414 4,794 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
145415 490 SUN NEWSPAPERS Legal Notices Publishing City Clerk
145416 67 TAHER INC CATERING Operating Supplies Reserves
145417 275 TIMM,KEVIN Other Contracted Services Softball
145418 5,628 TKDA Design&Engineering Utility Improvement Fund
144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building
145420 450 TRANSPORT GRAPHICS Repair&Maint.Supplies Fire
145421 145 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance
145422 1,201 TWIN CITY SEED CO Landscape MateriaWSupp Eden Valley Park
145423 339 UNIFORMS UNLIMITED Clothing&Uniforms Police
145424 6,657 WALL TRENDS INC Building Capital Impr./Maint.Fund
145425 1,659 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
145426 601 WATSON CO INC,THE Merchandise for Resale Concessions
145427 285 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
145428 276 WM MUELLER AND SONS INC Gravel Street Maintenance
145429 51 WUOLLET BAKERY INC Operating Supplies Fire
145430 7,514 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance
145431 1,973 YOCUM OIL COMPANY INC Motor Fuels Water Utility-General
145432 631 ZEP MANUFACTURING CO Equipment Parts Fleet Services
1,986,538 Grand Total
CITY COUNCIL AGENDA DATE:
October 4, 2005
SECTION: Ordinances and Resolutions
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I"Reading of an Ordinance ITEM NO.: IX.A.
Scott Neal, City Manager Establishing the Conservation Commission
OCM
Requested Action
Move to: Approve first reading of an Ordinance amending City Code sections 2.23 relating to
Boards and Commissions; and adopting by reference city code chapter 1 and section 2.99, which
among other things, contain penalty provisions.
Synopsis
This ordinance establishes a new citizen's advisory commission which will be called the Conservation
Commission. It will operate in the same manner as the City's four other citizen advisory commissions.
Its mandate is outlined in the ordinance. If approved by the Council, the City will solicit the community
for citizens to serve on the commission during our standard Board & Commission recruitment process
which starts in January 2006. Under this timeline, the Conservation Commission would have its first
regular meeting in April 2006
Attachments
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODES SECTIONS 2.23 RELATING TO BOARDS AND COMMISSIONS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. City Code Section 2.23 Subd. 1. entitled, "Citizen Advisory Commission" is
amended by adding a new Subd. 1. E. as follows:
E. Citizen Advisory Conservation Commission.
Section 2. City Code Section 2.23 Subd. 2. entitled, "Duties and Responsibilities" is
amended by adding a new Subd. 2. E. as follows:
E. Citizen Advisory Conservation Commission.The Citizen Advisory
Conservation Commission shall act in an advisory capacity to advance and
support the health and development of the citizens and natural environment of
Eden Prairie through comprehensive environmental protection, conservation
efforts, and natural resource management which may include the following:
1. Examining and recommending best practices for energy conservation for Eden
Prairie's citizens and businesses, including recommendations for a Green
Building Code.
2. Examining and recommending operational changes in City government operations
to conserve energy.
3. Reviewing and encouraging the provision of a comprehensive residential and
business recycling program.
4. Encourage the reduction in MSW produced by Eden Prairie citizens.
5. Encourage the efforts to reduce air and water pollution in Eden Prairie, including
the reduction of I/1 from the City's sanitary sewer system.
6. Promote health for citizens by encouraging a community designed for walking,
exercise and recreation.
7. Promote the establishment of targets for the reduction of greenhouse gas
emissions produced in Eden Prairie.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
4th day of October, 2005, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of 12005.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the day of 32005.
EP\Ordinanc\Chapter 2\Conservation Commission Ordinance.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community Affirm Staff Decision Denying Permit
Development/Planning 2005-071 and 2005-072 to Schubert
Janet Jeremiah Outdoor Advertising, Inc.
Michael Franzen
Requested Action
Move to:
• Adopt a Resolution Affirming the Staff Decision to deny permit 2005-071 to
Schubert Outdoor Advertising, Inc.; and
• Adopt a Resolution Affirming the Staff Decision to deny permit 2005-072 to
Schubert Outdoor Advertising, Inc.
Synopsis
The staff recommends that the City Council adopt the resolution affirming the staff decision to
deny permit application 2005-071 to Schubert Outdoor Advertising, Inc.to replace an existing
sign owned by Applicant("Existing Sign")with a proposed new sign having a similar size, and
dimensions("New Sign")at the same location. The location is at the southeast corner of Old
Indian Road and Flying Cloud Drive.
The staff recommends that the City Council adopt a resolution affirming the staff decision to
deny permit 2005-072 to Schubert Outdoor Advertising, Inc.to replace an existing sign owned
by Applicant("Existing Sign")with a proposed new sign having a similar size, and dimensions
("New Sign") at the same location. The sign is located south of Flying Cloud Drive across from
the Lion's Tap Restaurant located at 16180 Flying Cloud Drive,Eden Prairie.
Both signs do not conform to City Code as identified in the resolutions.
Background
The applicant submitted sign permit application 2005-071 and 2005-072 on June 17, 2005.
On July 15, 2005, staff sent letters to Schubert Outdoor Advertising, Inc. indicating that sign
permit application 2005-071 and 2005-072 were incomplete.
An August 9,2005, letter from Schubert Outdoor Advertising,Inc. indicates they were working
on providing the required information for sign permit application 2005-071 and 2005-072.
On August 10, 2005, staff sent letters to Schubert Outdoor Advertising,Inc. indicating that the
120 review period would expire on October 14, 2005, for sign permit application 2005-071 and
2005-072.
On September 23, 2005, staff sent letters to Schubert Outdoor Advertising,Inc. denying sign
permit application 2005-071 and 2005-072.
On September 27, 2005, staff sent letters to Schubert Outdoor Advertising, Inc. regarding City
Council review of sign permit application 2005-071 and 2005-072.
Attachments
1. Letters dated July 15, 2005, August 9, 2005, August 10, 2005, September 23, 2005,
September 27,2005
2. Resolution Affirming the Staff Decision to deny permit 2005-071 to Schubert Outdoor
Advertising, Inc.
3. Resolution Affirming the Staff decision to deny permit 2005-072 to Schubert Outdoor
Advertising, Inc.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION AFFIRMING THE STAFF DECISION TO DENY PERMIT 2005-071
TO SCHUBERT OUTDOOR ADVERTISING,INC.
WHEREAS, Schubert Outdoor Advertising, Inc., applied for a permit to for an outdoor
advertising sign on June 17,2005; and
WHEREAS, the City Council has reviewed said application at its October 4, 2005
meeting; and
WHEREAS, the City Council has reviewed the September 23, 2005 letter of the City
denying the application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE
MAKES THE FOLLOWING FINDINGS, CONCLUSION AND ORDER:
FINDINGS
1. City's letter of September 23, 2005 sets forth the following reasons for the denial of the
permit:
Section 11.70 Non-Conformance
a. Subd. 3.A.1. prohibits Non- The Existing Sign and the New Sign are non-
accessory signs in all districts. accessory signs.
b. Subd.4.A.4. limits height to 6'. The height of the Existing Sign is 24' as
represented by the applicant and New Sign is
proposed at 25.5'.
C. Subd. 4.A.3. Signs may be Application does not specify setback from the
placed no closer than 10' from street right-of-way.
any street right-of-way line.
In addition to the foregoing, the Existing Sign was not in conformance with the following
ordinances preceding the adoption of City Code Chapter 11 and certain provisions of the City
Code Chapter 11 adopted prior to the current text, but not repealed.'
1.Effective Dates are as follows:
Ord.4. March 28, 1957
Ord.8. June 12, 1958
Ord.84. October 20, 1966
Ord. 152. May 6, 1971
Ord. 135. November 6, 1969
Ord.261. October 24, 1974
City Code Chapter 11,Sec. 11.71,Subd.2.September 17, 1982
City Code Chapter 11,Sec. 11.71,Subd.3.A.1.September 17, 1982
Ordinance Non-Conformance
(or prior Code provisions)
d. Ord. 4. Sec.2., Subd. 3.a. Existing Sign is 24' as represented by the
limits the height of a sign to applicant.
14'.
e. Ord. 4. Sec. 2, Subd. 1 There is no evidence of issuance of a license,
requires a license for erection the making of an application or the payment of
of a billboard or sign of more a fee for the Existing Sign,which is larger than
than 16 square feet, an 16 square feet.
application for the license
and a payment of a fee at the
time of making the
application and each three
years thereafter.
f. Ord. 4. Sec. 2., Subd. 3. (e.) Existing Sign does not comply with
require billboards to be requirements relating to materials.
constructed of metal and/or
iron except horizontal bars
may be of wood.
g. Ord. 4. Sec. 2., Subd. 3 (b) There is no evidence as to the distance of the
requires that no sign may be Existing Sign from the street line.
nearer than 15' to any street
line.
h. Ord. 8. Sec. 5. 1. B.4. There is no evidence that a special use permit
Information signs are was ever given for the Existing Sign.
permitted only with a special
use permit.
i. Ord. 84., Sec. 2, Subds. 2, 3, There is no evidence that an application was
4 prohibit the construction of made for a permit accompanied by a payment
a sign without a permit, of fees or the issuance of a permit for the
require application for a Existing Sign.
permit and the payment of
fees.
j. Ord. 152. Sec. 3, Subd. 1 There is no evidence of an application or the
prohibits erecting advertising issuance of a permit for the Existing Sign.
signs without a permit for
which an application must be
made.
Ordinance Non-Conformance
(or prior Code provisions)
k. Ord. 152. Sec. 3, Subd. 1 in. The Existing Sign does not meet the 50'
prohibits advertising signs minimum yard requirement.
within the minimum years
prescribed in Ord. 135 for the
zoning district in which the
sign is situated. Ord. 135.
Sec. 2 provides 50' minimum
years.
1. Ord. 152. Sec. 4, Subd. 1 There is no evidence of an application for the
requires an annual issuance of an annual license for the Existing
advertising sign license and Sign.
application.
In. Ord. 159. Sec. 1, Subd. 2 Existing Sign is not within a permitted zone.
specifies the zones in which
advertising signs may be
erected.
n. Ord. 261. Sec. 3 a. Non- Existing Sign is not within an area permitted
accessory signs are by Ord. 152.
prohibited in all districts
except areas permitted by
Ord. 152. (See Ord. 159).
o. Ord. 261. Sec. 5. requires There is no evidence of an application, the
permits for signs, the filing of payment of fees or the issuance of a permit for
an application and the the Existing Sign.
payment of fees for the
issuance of permits.
p. Ord. 268. requires annual No evidence of an application made or license
applications for licenses issued for the Existing Sign.
permitting the display of
advertising signs.
q. City Code Chapter. H, Sec. The Existing Sign is not located in a
11.71, Subd. 2 prohibits designated location.
advertising signs except in
locations designated by the
Council
Ordinance Non-Conformance
(or prior Code provisions)
r. City Code Chapter 11, Sec. Existing Sign is not in a permitted area.
11.70, Subd. 3.A.1. (1982)
prohibits non-accessory signs
in all districts except where
permitted by Sec. 11.71.
CONCLUSION
The decision denying the permit as set forth in the letter of September 23, 2005 is
appropriate and in accordance with City ordinances.
ORDER
The City Council affirms denial of Schubert Outdoor Advertising's permit application
2005-071.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of October 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta,City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION AFFIRMING THE STAFF DECISION TO DENY PERMIT 2005-072
TO SCHUBERT OUTDOOR ADVERTISING,INC.
WHEREAS, Schubert Outdoor Advertising, Inc., applied for a permit to for an outdoor
advertising sign on June 17,2005; and
WHEREAS, the City Council has reviewed said application at its October 4, 2005
meeting; and
WHEREAS, the City Council has reviewed the September 23, 2005 letter of the City
denying the application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE
MAKES THE FOLLOWING FINDINGS,CONCLUSION AND ORDER:
FINDINGS
1. City's letter of September 23, 2005 sets forth the following reasons for the denial of the
permit:
Section 11.70 Non-Conformance
a. Subd. 3.A. 1. prohibits Non-accessory The Existing Sign and the New Sign are
signs in all districts. non-accessory signs
b. Subd.4. A.4. limits height to 6'. The height of the Existing Sign is 24' as
represented by the applicant and New
Sign is proposed at 24.5'.
c. Subd. 3.X.Double-faced signs must be The New Sign is double-faced and are
placed back to back with not more than 18"between the faces.
18"between facings.
d. Subd. 4.A.3. Signs may be placed no Application does not specify setback
closer than 10' from any street right-of- from the street right-of-way
way line.
In addition to the foregoing, the Existing Sign was not in conformance with the following
ordinances preceding the adoption of City Code Chapter 11 and certain provisions of the City
Code Chapter 11 adopted prior to the current text, but not repealed.'
Ordinance(or prior Code provisions) Non-Conformance
e. Ord. 4. Sec. 2., Subd. 3. a. Existing Sign as represented by the
limits the height of a sign to 14'. applicant is 24'.
f. Ord.4. Sec. 2, Subd. 1 requires a There is no evidence of issuance of a
license for erection of a billboard or license,the making of an application or the
sign of more than 16 sq. feet, an payment of a fee for the Existing Sign.
application for the license and a
payment of a fee at the time of making
the application and each three years
thereafter.
g. Ord.4. Sec. 2., Subd. 3. (e.)requires Existing Sign does not comply with
billboards to be constructed of metal requirements relating to materials.
and/or iron except horizontal bars may
be of wood.
h. Ord. 4. Sec. 2., Subd. 3 (b)requires that There is no evidence as to the distance of
no sign may be nearer than 15' to any the Existing Sign from the street line.
street line.
i. Ord. 8. Sec. 5. 1.B.4. Information signs There is no evidence that a special use
are permitted only with a special use permit was ever given for the Existing Sign.
permit.
j. Ord. 84., Sec. 2, Subds.2, 3,4 prohibit There is no evidence that an application was
the construction of a sign without a made for a permit accompanied by a
permit, require application for a permit payment of fees or the issuance of a permit
and the payment of fees. for the Existing Sign.
k. Ord. 152. Sec. 3, Subd. 1 prohibits There is no evidence of an application or the
erecting advertising signs without a issuance of a permit for the Existing Sign.
permit for which an application must be
made.
Ord. 152. Sec. 3, Subd.l m. prohibits The Existing Sign does not meet the 50'
1. advertising signs within the minimum minimum yard requirement.
yards prescribed in Ord. 135 for the
zoning district in which the sign is
situated. Ord. 135. Sec. 2 provides 50'
minimum yards.
1.Effective Dates are as follows:
Ord.4. March 28, 1957
Ord.8. June 12, 1958
Ord.84. October 20, 1966
Ord. 152. May 6, 1971
Ord. 135. November 6, 1969
Ord.261. October 24, 1974
City Code Chapter 11,Sec.11.71,Subd.2.September 17, 1982
City Code Chapter 11,Sec. 11.71,Subd.3.A.1.September 17, 1982
Ordinance (or prior Code provisions) Non-Conformance
m. Ord. 152. Sec.4, Subd. 1 requires an There is no evidence of an application for or
annual advertising sign license and issuance of an annual license for the
application. Existing Sign.
n. Ord. 159. Sec. 1, Subd. 2 specifies the Existing Sign is not within a permitted zone.
zones in which advertising signs may be
erected.
o. Ord. 261. Sec. 3 a. Non-accessory signs Existing Sign is not within an area permitted
are prohibited in all districts except by Ord. 152.
areas permitted by Ord. 152. (See Ord.
159).
p. Ord. 261. Sec. 3. (x)requires that It is not documented by the applicant that
double-faced signs be placed back to the existing Sign does not exceed the 12"
back with not more than 12"between requirement.
facings.
q. Ord.261. Sec. 5. requires permits for There is no evidence of an application, the
signs,the filing of an application and payment of fees or the issuance of a permit
the payment of fees for the issuance of for the Existing Sign.
permits.
r. Ord. 268. requires annual applications No evidence of an application made or
for licenses permitting the display of license issued for the Existing Sign.
advertising signs.
s. City Code Chapter 11, Sec. 11.71, The Existing Sign is not located in a
Subd.2 prohibits advertising signs designated location.
except in locations designated by the
Council.
t. City Code Chapter 11, Sec. 11.70, Existing Sign is not in a permitted area.
Subd. 3.A.1. (1982)prohibits non-
accessory signs in all districts except
where permitted by Sec. 11.71.
2. The Council finds that the reasons for denial set forth above are in accordance with City
ordinances.
CONCLUSION
The decision the permit as set forth in the letter of September 23, 2005 is appropriate and
in accordance with City ordinances.
ORDER
The City council affirms the denial of Schubert Outdoor Advertising's permit application
2005-072.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of October 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta,City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. D. 1.
Robert A. Lambert,Director Bryant Lake Ski Team Request
Parks and Recreation
Requested Action
Move to: Notify the Department of Natural Resources of this request and to hold a public
hearing on December 5, 2005 in order to obtain input from neighbors on the lake
as well as from other lake users regarding this request.
Synopsis
Attached to this memorandum is a letter from Joe Docter,member of the Bryant Lake Ski Team
requesting the City to consider approval of a submersible slalom ski course on Bryant Lake.The
letter includes an aerial photo depicting the approximate location of the submersible course and
the basic slalom course layout. The cables and buoys would remain four feet below the surface
of the lake when not in use.
Considerations
There is also a copy of a letter from Margie Walz,Director of Enterprise Operations for Three
Rivers Park District. The letter outlines the observations of this request by John Barton, Water
Resources Manager for the Park District.Mr.Barton believes the"proposed location poses a
significant threat to the plant communities along the park shoreline and to the stability to the
shoreline itself."He sites additional studies on lakes in Minnesota and Wisconsin demonstrating
that this type of activity will have a negative impact on emergent and submerged macrophyte
colonies and that the loss of these plant communities negatively affects size and species of fish
and ultimately the decline of water quality, and will increase shoreline erosion.
Mr. Barton would recommend that the outer boundary of boat traffic should be a minimum of
200 feet from the Regional Park shoreline and presumably any other shoreline.He further
recommends that the course be placed in a minimum of fifteen to twenty feet of water in order to
reduce the impact of the high speed boat traffic on disturbing the sediments which would
increase phosphorus loading to the lake.
The City Parks and Recreation staff would have the same concerns addressed by the Three
Rivers Park District staff regarding any negative ecological impact on Bryant Lake proposed by
a submersible water ski course. Staff would recommend that if the Commission wishes to
consider recommending this water ski course, that the Bryant Lake Ski Team reconsider the
location of the course and determine where that course could be placed that would provide the
Bryant Lake Ski Team Request
October 4, 2005
Page 2
least sediment impacts, as well as shoreline and aquatic macrophyte impacts. This would require
placing the outer boundaries of the course 500 to 600 feet from shore, in a minimum of fifteen to
twenty feet of water. If those minimums can be met, then the major questions relating to the
request for this course would be concern about the impact of the course on recreational boating
and fishing that is generated from the public boat launch as well as from other property owners
on the lake. These questions can best be answered through a public hearing process.
Attachment
Letter from Joe Docter
Figure 17 diagram
Map depicting location of proposed slalom course
Letter from Margie Walz, including Wisconsin lakes studies
Leslie Stovring memo
i
Eden Prairie, Minnesota
Mr. Bob Lambert
Director of Parks and Recreation
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Mr. Lambert, t
Here is an aerial shot of the lake with proposed positioning of the perma-
nent, submersible slalom course in blue. The course dimensions are seventy-
five feet wide by eight hundred and fifty feet long. When submersed,the buoys
sit approximately four feet below the surface.
I have also enclosed the basic slalom course layout. When the course is
"up" the buoys (circles) sit on the surface of the lake while the cables remain
four feet below the surface.
Please let me know if you would like additional detail prior to the Octo-
ber third meeting.
Best regards,
toecter
Member, on behalf of the
Bryant Lake Ski Team
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F i GURE 17
CITY COUNCIL AGENDA DATE:
SECTION: Fire Chief s Report October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. G. 1.
George Esbensen,Fire Chief Fire Station#4 Construction Bid
Requested Action:
Move to reject all bids for the construction of Fire Station#4
t
Synopsis:
Two years ago the decision was made to build a fourth and final fire station to serve residents in
southwest Eden Prairie. An exhaustive study was done and a site was purchased earlier this year.
A building committee was formed and a design firm was hired to design the building. Bids were
advertised for on August 11,2005, and opened on September 13, 2005. Bidders were CM
Construction-$3,000,000; Lund Martin Construction-$3,130,000;Rochon Corporation,
$2,890,000; Ebert Construction $2,888,000.
Background Information:
Pre-bid construction cost analysis projected construction costs to be in the range of$2.4 million
dollars. A re-bid with a start date of Spring '06 could result in lower construction costs due to
the cyclical nature of the construction industry.
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PA R K DISTRICT wwmv.threeriversparkdtstrict.org • an equal opportunity employer
Robert A.,Lambert
Director of Parks and Recreation Services _
City of Eden Prairie
8080 Mitchell Rd. .
Eden Prairie,MN 55344 ;
Dear Bob: -
The.following represents Park District staff analysis of the proposed water ski slalom course plan-
for Bryant Lake and the impact on the Park.District's shoreline, recreationat uses, and-water r
quality in Bryant-Lake. John Barten, Water Resources Manager, reviewed the plans you provided
axid offers this analysis:
"The plan shows that the proposed course will be located north of the Bryant Lake;RegionalPark boat
launch, approximately 100 feet east of the park shoreline. I believe the proposed location poses a_ .
significant threat to the plant communities along the-park shoreline,acid to the stabilityof the shoreline
itself.' The most recent macrophyte survey of the lake found extensive cattail and lily pad beds along
the shoreline at the north end of the lakes, and found numerous,submerged native-aquatic plants in .
deeper water adjacent to the emergent plants. The proposed 'slalom course will be-within 100-feet of
the lily pad-beds,and appears to be within a`few feet.of the-submerged plant beds.
Numerous studies by Tim Asplund, DNR limnologist for-the state. of Wisconsin, and others,Have .
documented the decline of emergent and submerged-macrophyte colonies resulting from frequent high . .
speed.outboard motor boat activity in and near the plant beds. (Attached is a copy of an article on Tim F
Asplund's research.)Additional-studies on numerous lakes in Minnesota and Wisconsin.demonstrate_
conclusively that loss of plant communities negatively affects the size and sp-ecies offish,is a factor in
the decline of water quality, and increases shoreline erosion: Thus; locating the proposed slalom
course near the park shoreline as shown on the plan will result in some water quality degradation of .
'Bryant Lake.
The research of boat impacts on-lake shorelines suggests that a wave height greater than,,0.5-feet will
cause significant shoreline erosion. Equations devefoped to predict wave height as.a function of boat
size,'boat speed,proximity to the shoreline, and other factors,.suggest-that significant boating activity.
within 150 feet of a shoreline will cause wave heights above 0.5 feet. Therefore, if the course is
allowed the outer bound of boat traffic should be a minimum of 200-feet from the re : al park
ark
ary . p
shoreline. Not,being familiar with the use of slalom co es I am not sure how far from shore that
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. . would;place the center of the course,but certainly farther wesf than shown on the proposed plan.
Research-has also documented sediment disruption by high speed motor boats. Although the degree
of impact is due,to many factors it is cleat that boat size,boat speed,water depth, and sediment.type
Promoting environmental stewardship through recreation and education in a natural resources-based park system
are the most critical factors. In general,larger outboard motors can disturb sediments to a depth of 10
feet or more, especially when turning and accelerating, necessary activities for use of the slalom
course. The high horsepower boats used to slalom ski will.'almost certainly cause some sediment
disturbance and increase phosphorus loading to the lake.
Locating the proposed course west of the desired location in deeper water to protect plants and
sediments will place:it near the center,of.the•north.bay of the lake. The inaximum width of the bay is
1200 feet, and it narrows to 500 feet at the north end of the proposed course. It appears that, during
active use periods, the slalom course would preclude use of the majority of the north bay by other
recreational activities, particularly fishing which typically occurs at the same time as water skiing.
The bay_ encompasses approximately 25% of•the lake surface area Therefore, the slalom course
would usurp use of a significant portion of the lake immediately adjacent to the park."
I have reviewed this information with Superintendent Bryant and other members of our executive
staff. Park District staff does not support locating the slalom course adjacent to the Regional Park
slioreline. Less impact to water quality and recreational use of the lake would occur if the course were
placed in the main bay of the lake. Shoreline and aquatic macrophj to impacts could be minimized by
placing the course five to six hundred feet from shore, and sediment impacts could be minimized by
placing the course in 15 to.20 feet of water. Further,the Park District is.concerned about the impact of
the course on'other recreational boating and fishing that is generated from the public boat launch on
Bryant Lake;
This information can be shared with your.Parks, Recreation and.Ndtural Resource Commission on
October 3ra. •If you would like Superintendent Bryant or a Three Rivers Park District representative
and/or John Marten,Water Resources Manager at your Commission meeting on October P,please let
me know. The Park District recognizes that the actual permitting of this course is under the purview
of.the,City of Eden Prairie; however, we appreciate the opportunity to express the Park District's
environmental,stewardship concerns and perceived impacts on the provision of regional iecreation
opportunities emanating from Bryant Lake Regional Park, which may result from. approving the
currently proposed slalom course plan.
Sincerely,
Margie Walz,
Director Park Operations Services ,
C: Douglas F.Bryant, Superintendent
Lisa Beek,Director Special Services
Tom McDowell,Director Program and Facility Services
Karen kobinson,Director Admiriistrative Services
John Barten,Water Resources Manager
Boating away from shore protects aquatic plants and habitat
MADISON -State research on Wisconsin lakes is increasingly showing that boating away from:
the shoreline can protect aquatic plants that provide critical habitat and food for fish.
Boating away from the shorelines also may help improve the water clarity of shallow lakes and,
help reduce algae growth on some lakes,the research shows.
"Our findings support the idea that keeping motor boats away from near shore habitats is going to
be critical for the lake quality and habitat,"says Tim Asplund, a Department of Natural Resources
limnologist.
A series of studies since 1994 suggest that boating near shore harms submerged aquatic.plants j
by uprooting them, chopping them up or preventing them from getting established in the first.
place.That direct impact creates several problems because the plants provide food and.
spawning habitat for fish,and can help limit algae growth by competing for the same food,
phosphorous.
I
The research has also suggested that heavy weekend boat use can harm the water clarity and
quality of shallower lakes by stirring up sediments from the lake bottom.Some of the sediments:
contain pollutants including phosphorous,which in turn raises the level of nutrients suspended.in
the water and can spur more algae growth.
A cooperative research project on Long Lake in Fond du Lac County with the Long Lake Fishing
Club helped convinced Town of Osceola officials this spring to expand the no-wake zone along
that lake's east side.
In summer 1997,the existing"slow-no-wake"zone in Long Lake was extended from the usual
200 feet from the water's edge to 400 feet out along a 1-mile stretch on the lake's east side.That
distance was based on what aerial photos indicated was the edge of the aquatic plant beds.
Within that zone,the researchers set up more buoys to indicate smaller no motor areas where
boaters were to tilt their motors out of the water and paddle,or use electric trolling motors:
Surveys returned by members of the Long Lake Fishing Club,which funded the research with
DNR grant, indicated that members generally obeyed the designations and that 85 percent
supported the buoys'placement.
Aerial photos taken in 1997 suggest that boat scour decreased the most in the no motor areas
from 1995--a year when there were low water levels and considerable problems—and was
somewhat reduced in the no-wake areas compared to the rest of the lake.Another year of study
will be necessary before determining whether differences in height,density and species diversity
between the no-wake zone and open water areas are significant,the researchers say.
Research in 1995 on Jefferson County's Lake Ripley,found that submerged plants inside
experimental enclosures grew taller and covered more area than the plants growing in
unprotected areas.The total mass of the plants in the enclosures was three times more than in
plant beds in open water.
"We're reasonably certain the reason we had such high growth inside the enclosures was their
protection from the boats,"Asplund says.
A third study conducted in summer 1994 and published in 1996 investigated whether boating
near the shore led to decreased water quality and water clarity on 24 lakes across the state.The
study found that on most lakes, the main effect boating near the shoreline had on water quality
was to temporarily reduce a lake's clarity—it decreased by an average of 10 percent on
weekends,when the number of boats increased three to 11 times from the weekday numbers.
However,the researchers noted that the change in water clarity caused by boating was small
compared to the changes wrought by seasonal changes and differences among lakes.
Asplund said the results from the three studies suggest that local governments balance objectives
as they weigh how to regulate management activities on a lake to protect it while still allowing
people to enjoy using it. For instance, many boaters and swimmers find aquatic plants a
nuisance, and plants can actually deter fish reproduction if the plants are too dense.
"But you need to have a balance,"Asplund says. "You need to have plants for a lake because
you need to have habitat for fish, insects and wildlife,you need to have a food source for fish,
protection for smaller fish,food for ducks and migrating waterfowl,and the benefits they can bring
for water quality."
r He says the research suggests that local governments may want to look into protecting aquatic
plants from boats during critical growing periods,such as early summer,and may want to
consider establishing no-wake zones to encompass aquatic plant beds, rather than setting the
zone at some arbitrary distance from the shore.
"There's room for quality recreational use of our lakes,while still protecting critical habitat and
preserving water quality,"Asplund says."Ali it takes is a little creativity and the determination of
local communities to make it happen."
FOR MORE INFORMATION CONTACT:Tim Asplund -(608)221-6367
i
i
Memorandum s
TTo: Parks,Recreation&Natural Resources Commission
From: Leslie A.Stovring,Environmental Coordinator
Date: October 3,2005
Re: Slalom Course Proposal-Bryant Lake
Synopsis
The Bryant Lake Ski Team (BLST) is proposing to install a permanent,submersible slalom course
in Bryant Lake. The course dimensions are 75 feet wide by 350 feet long. The proposed course
would be approximately 100 feet east of Three Rivers Park District shoreline,north of the Bryant
Lake Regional Park boat launch.
Recommendation
The proposed slalom course was reviewed in relation to the potential impacts to the lake
community, including shoreline and water quality issues as well as recreational usage of the lake.
The proposed location has the potential to impact all of these,such as the following.
• Frequent high speed boating has the potential to reduce the emergent and submergent plant
communities within the lake.
• Reduced plant communities would lead to reduced habitat for fish and other dependent
species.
• The potential for shoreline erosion due to wave height and frequency is increased.
• Sediment can potentially be disrupted,resulting in an increased loading of phosphorus to the
lake. Phosphorus is the key nutrient in algal production.
The slalom course could be moved further from shore (a minimum of 500 feet) and into deeper
waters (more than 20 feet deep), where the potential for the factors listed above are lessened.
However, moving the slalom course would disrupt traffic flow patterns within the lake by
recreational lake users, including fishermen who tend to use the lake at the same time as the ski
team practices. In addition, the Nine Mile Creek Watershed District will be starting a Water
Quality Management Project for the lake in 2006. Until the results of the projects are known,
new uses of the lake such as the ones proposed for the ski team should be delayed.
The Three Rivers Park District does not support locating the slalom course adjacent to the
Regional Park shoreline. City staff agrees with the Three Rivers Park District's decision.
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. D.2.
Robert A. Lambert,Director Park Sign Designs
Parks and Recreation
Requested Action
Move to: Approve park sign design to replace existing park signs throughout the City.
Synopsis
Citystaf requested four different sign companies to prepare at least three different designs for
the City to consider. The sign companies were told that the City would select a sign design and
then bid it. If their company was not the low bid,they would be reimbursed the cost for their
design. Only two companies agreed to spend the time to provide designs. Sign Source has
provided ten designs and Signation has provided three designs.
The sign companies were requested to provide a sign that would include an address,the name of
the park, and somehow incorporate the Eden Prairie logo, or portions of that logo so that it was
clear that it was a City of Eden Prairie property.
Staff requested a vertically designed sign as our existing horizontally designed signs are often
half covered with snow during the winter months.
Staff has also requested that the address and the name of the park be designed to provide
reflective letters and numbers so emergency vehicles are able to find these locations at night.
Staff anticipates that 4'x 8' signs will be placed at community parks or at a high use facility such
as the Senior Center or Community Center;whereas signs in our neighborhood parks would be 3'
x 6' and signs at mini-parks would be 3'x 5'. Staff anticipates there will be seven to eight 8'
signs;thirty-five 6'high signs and eleven 5'high signs. Staff estimates this entire project,which
includes removal of existing signs, acquisition and installation of the new signs for the park
system will cost approximately $180,000.
The Parks, Recreation and Natural Resources Commission has reviewed all of the concept
designs and have chosen the top three choices for the City Council to make the final decision.
Once the Council has decided on a design, staff will develop plans and specifications based on
Park Sign Designs
October 4, 2005
Page 2
the selected design and bid for installation of these signs beginning in Spring of 2006.Funding
for this project comes from park dedication fees.
Attachments
1. Park Sign Design A
2. Park Sign Design B
3. Park Sign Design C
4. Park Sign Design D
5. Park Sign Design E
6. Park Sign Design F
7. Park Sign Design G&H
8. Park Sign Design I&J
9. Park Sign Design 1
10. Park Sign Design 2
11. Park Sign Design 3
CITY COUNCIL AGENDA DATE:
SECTION: Fire Chief s Report October 4, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. G. 1.
George Esbensen,Fire Chief Fire Station#4 Construction Bid
Requested Action:
Move to reject all bids for the construction of Fire Station#4
Synopsis:
Two ear a h decision r station serve residents in
years got e dec sion was made to build a fourth and final fire s to
southwest Eden Prairie. An exhaustive study was done and a site was purchased earlier this year.
A building committee was formed and a design firm was hired to design the building. Bids were
advertised for on August 11, 2005, and opened on September 13, 2005. Bidders were CM
Construction-$3,000,000; Lund Martin Construction-$3,130,000;Rochon Corporation,
$2,890,000; Ebert Construction $2,888,000.
Background Information:
Pre-bid construction cost analysis projected construction costs to be in the range of$2.4 million
dollars. A re-bid with a start date of Spring '06 could result in lower construction costs due to
the cyclical nature of the construction industry.