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Home My WebLink AboutCity Council - 10/18/2005 AGENDA JOINT MEETING OF THE EDEN PRAIRIE CITY COUNCIL & PLANNING COMMISSION OPEN FORUM/OPEN PODIUM TUESDAY, OCTOBER 18, 2005 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young PLANNING COMMISSION: Chair Ray Stoelting, Vice Chair Kathy Nelson, Commission Members John Kirk, Vicki Koenig, Peter Rocheford, Fred Seymour, Jon Stoltz, and Bill Sutherland 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 Lorene McWaters Heritage Room H I. MCA STUDY Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 18,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell 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 II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 4,2005 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 4,2005 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN BLUFF CORPORATE CENTER I by United Properties. Request for Second Reading of the Planned Unit Development District Review with waivers on 18.47 acres; and Zoning District Change from Rural to Office on 18.47 acres and Site Plan Approval on 18.47 acres. Approve Development Agreement. Location: Charlson Road and Hwy 212. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Approval) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 2 N11 ADDITION D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23 ESTABLISHING A CONSERVATION COMMISSION CITY COUNCIL AGENDA October 18, 2005 Page 2 VII. PUBLIC HEARINGS/MEETINGS A. MCCALL BLUFF AMENDMENT by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. Location: 9997 Dell Road.(Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) B. ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO REFINANCE A DEVELOPMENT UNDER MINNESOTA STATUTES (BLUFFS AT NINE MILE CREEK) (RESOLUTION) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES ITEM NO.: V.A. 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, and Philip Young. Councilmember Ron Case was absent from the meeting. 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 Parks and Recreation Director Bob Lambert said the lack of"angry crowds"at tonight's meeting is a testament to the process. Because consultant Jeff Schoenbauer met individually with numerous residents at their properties,their concerns about encroachment were addressed. Lambert noted the process was very time-consuming, including walking the trail site,peering through people's bedroom windows to see how visible the trail would e b workingout screening, and so on. If even oneresident ha a g, d concern, it was addressed so that each person at least felt heard, and that their issue was resolved as best as possible. About 800-1000 people were notified for each site. Now that the community is "sold"on these trails, it is critical Council approve the first stage of construction so the momentum is not lost. Lambert highlighted the key points for each site: EDENBROOK: Eight years ago, over 100 people opposed trails in Edenbrook. It's important to capitalize on hard-won community support by beginning promptly. By putting in a new lot and trailhead first and then extending it to Rustic Hills Park, the rest of the trail system will fall naturally into place. Edenbrook is the only site with a new lot and trailhead. Aho asked how large the Edenbrook lot would be. Lambert said only 10 cars.He noted residents were concerned about traffic on Dell Road before they learned the lot size. 90% of users will walk to the park. RILEY CREEK: Lambert noted this is old growth woods, with a lush understory of ferns. Neighborhood kids are building BMX ramps and destroying some of this habitat. The loop trail and signage, plus use by hikers, are critical to educate neighbors and protect the area. This will be the easiest trail corridor to construct. It will extend all the Council Workshop Minutes October 4, 2005 Page 2 way to Cedar Hills Park if the City can get MAC to permit it. A lawsuit with Northwest Airlines is hanging up the deal. Parking already exists. Aho asked how many people would use each system. Lambert expected low use during winter cold and summer heat. Spring and fall would be the peak usage times. Perhaps a hundred people would use each trail on a sunny Saturday. This should be enough to discourage problem users, like the BMX bikes at Riley Creek and the ATVs at Edenbrook, and promote safety without feeling crowded. Lambert said it would be similar to the Richard T. Anderson Conservation area now,where you might cross paths with 4-5 other people as you walk the trails on a nice day. PURGATORY CREEK: Parking is already available at Homeward Hills Park. This trail will be the toughest and most expensive,with 8-9 bridges in the first phase. The bridge at Miller Spring is going in this week or next week. Trail Consultant Jeff Schoenbauer noted the bridges are fairly cost-effective for this kind of trail. Aho asked what other trail construction s ruction activity residents might see, besides badge building. Schoenbauer said the trail is graded and defined using a narrow walk-behind bulldozer. Lambert said residents would mainly see workers removing brush to widen the trail. Aho asked about ongoing trail maintenance. Schoenbauer said maintenance is minimal and very cost-effective per user. Lambert noted the Richard T.Anderson trails, built 3-4 years ago, are still in fine shape. Manager of Parks and Natural Resources Stu g Fox said the City string trims the trails about twice a year and might need to remove brush, particularly buckthorn, about every 5-7 years. Tyra-Lukens asked if any of the trails encroach on future development. Schoenbauer said there is one undeveloped area in Riley Creek, but the trail is on the opposite bank. Most residents who had concerns asked for a site visit, and if needed the trail line was changed. Residents will be notified again before construction begins. Steep slopes in many areas make encroachment less of an issue. Lambert said Schoenbauer met with residents in all the"tight"spots. In some cases, vegetative screening is going in now so it has a chance to grow before the trail goes in 2-3 years from now. Schoenbauer noted the task forces really helped. For example, on the Purgatory Creek task force, one member went to almost all the meetings with his neighbors. Since he understood the concerns and fears and was a neighbor, his presence really helped win support and solve problems. II. DOG PARK UPDATE Lambert noted the dog park project at Staring Lake Park has been held up due to negotiations with a developer. The original plan called for an easement to create access for skiers and walkers up to the Moen property, but obtaining the easement has proven problematic. Current plans call for fencing to go right on the City's property line. If an easement is obtained, the City can re-fence, or else build a retaining wall and ramp to accommodate skiers. The cost of the wall and ramp can be weighed against the cost of buying the parcel outright. Fox noted the parcel is only 90 by 150 feet and has no impact on the development. Council Workshop Minutes October 4, 2005 Page 3 Aho asked when the dog park would be functional. Lambert said a revised fence bid is needed.Plans now call for black vinyl chain link around the whole area for maximum durability in this heavy use area, at a cost of about$50,000. Tyra Lukens noted the dog park over by Best Buy seems to get a lot of use. Lambert said it is heavily used even though it is in an out-of-the-way spot. The park has been improved with a better lot and gate in response to feedback. There is huge demand for a dog park, and even residents from Edina and Minneapolis are inquiring about the Staring Lake Park opening. Any dog with a valid dog license can use the park. It does not have to be an Eden Prairie dog license, as some have thought. III. PURGATORY CREEK RECREATION AREA FOUNTAIN UPGRADE Lambert said the fountain was not as dramatic as envisioned. Even after cleaning the nozzles, an upgrade is needed. The original fountain was funded by the Foundation that built the Memorial Bridge. The City will pay$4,000 to upgrade to a 5 HP motor, a moderate upgrade.More than that—say a 20 HP motor similar to the Cambria fountain— would require 3-stage electricity, cost$20,000, and risk spraying trail users. The current fountain shuts off if wind speed exceeds 20 M.P.H.to avoid spray. The upgrade will be complete in the next month or so. IV. FIRE TRUC K DEDICATION Fire Chief George Esbensen dedicated three new pumper trucks—Numbers 11,21, and 31. Esbensen noted the purchase bad been two and a half years in the making and thanked all involved. The trucks are technical wonders and should serve the City for 20 years or more. Father Tim Powers thanked God for the new equipment and for those who use it, asking protection for them in their work to serve the community. Tyra-Lukens contacted dispatch to declare the trucks in service at 6:22 p.m. III. OPEN PODIUM There were no speakers for Open Podium. IV. ADJOURNMENT ITEM NO.: V.B. UNAPPROVED MINUTES 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, and Philip Young. Councilmember Ron Case was absent. 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, City Engineer Al Gray and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 6:56 p.m. The Riley-Jacques Barn was built in 1928 of local materials and is a community asset, available for rental and used for many Parks programs. The Eden Prairie Players will present three performances of one-act plays this weekend. Councilmember Case was absent. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added an award presentation to Report of the City Manager and removed Item IX.B. regarding sign permits. Lambert added an item to announce a Town Meeting regarding the referendum and removed Item 12.D.1. regarding a water ski course and Item 12.13.2. regarding park signage. MOTION: Aho moved, seconded by Young, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY SEPTEMBER 20 2005 MOTION: Butcher moved, seconded by Young, to approve the Council Workshop minutes as published and amended. Motion carried 4-0. CITY COUNCIL MINUTES October 4,2005 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER 20 2005 Aho noted in the last paragraph on page 6, "with increases about COLA"should be "with increases above COLA" MOTION: Young moved, seconded by Butcher, to approve the City Council minutes as amended and published. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFF COUNTRY VILLAGE 2002 by Trek Development. Adopt Resolution No. 2005-116 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 EVIPLENTATION 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 NO. 2005-117 ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE INCIDENT MANAGEMENT SYSTEM TO BE USED BY THE CITY OF EDEN PRAIRIE F. APPROVE CHANGE ORDER A-2 FOR BUILDING REPAIRS AT THE J.R. CUMMINS HOUSE G. ADOPT RESOLUTION NO. 2005-118 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 L 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 CITY COUNCIL MINUTES October 4,2005 Page 3 MOTION: Young moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 4-0. 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 an d nd one outlot. Location: 6509 Flying Cloud Drive. (Resolution No. 2005-119 for PUD Concept Review,Ordinance for PUD District Review with waivers and Zoning District Amendment,Resolution No.2005-120 for Preliminary Plat) Neal said 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 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. There were no comments from the public. MOTION: Young moved, seconded by Aho, to close the Public Hearing and adopt Resolution No. 2005-119 for Planned Unit Development Concept Review on 16.47 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review w with waivers, and Zoning District Amendment to the 1-5 Zoning District on 5.01 acres; adopt Resolution No.2005-120 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. Motion carried 4-0. B. EDEN BLUFF O C RPORATE 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 1.8.47 acres; Preliminary Plat of 36.8 acres into one lot and two outlots. Location: Charlson Road and Hwy 212. (Resolution No. 2005-121 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change,Resolution No. 2005-122 for Preliminary Plat) Neal said this 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 CITY COUNCIL MINUTES October 4,2005 Page 4 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. In addition, changes to the plan provide screening of the loading area from future homes across Liatris Lane and changes to signage. The Planning Commission voted 6-0 to recommend approval of the project at the September 1.2, 2005 meeting. Tyra-Lukens confirmed with the proponent that an early grading permit was also sought. There were no comments from the public. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2005-121 for Planned Unit Development Concept Review on 36.8 acres; approve l 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; adopt Resolution No. 2005-122 for Preliminary Plat on 36.8 acres into one lot and two outlots; direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and direct staff to issue a land alteration permit, footing and foundation permit, and early grading permit. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Abo moved, seconded by Young,to approve Payment of Claims as submitted. The motion carried on a roll-call vote with Aho,Butcher,Young,and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 2.23 ESTABLISHING A CONSERVATION COMMISSION Neal said 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. Tyra-Lukens said the timing is good. Many cities are starting to explore ways to save energy. Aho asked about the wording concerning penalties in the ordinance. He did not want the Commission to have a part in making citations or imposing fines or penalties. City Attorney Ric Rosow explained the language is in every City CITY COUNCIL MINUTES October 4,2005 Page 5 Ordinance and pertains to the Council's ability to enforce the ordinance. The Commission would not have this authority. MOTION: Aho moved, seconded by Butcher, 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. Motion carried 4-0. 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) This item was removed from the agenda. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Budget Line Item Reductions—Mayor Tyra-Lukens Tyra-Lukens postponed till the next meeting discussion of proposed reductions, since the needed data had not been available. 2. Eden Prairie Reads--Mayor Tyra-Lukens Tyra-Lukens noted the book this year is"Ordinary People"and that many events are planned for this October, including an October 18th appearance by the author at Eden Prairie High School. B. REPORT OF CITY MANAGER 1. National League of Cities Award Neal presented a 15-year membership award from the National League of Cities to the Council. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES October 4,2005 Page 6 D. REPORT OF PARKS AND RECREATION DIRECTOR I. Town Meeting on the Parks Referendum Lambert announced the town meeting on the Parks Referendum would be held Tuesday, October 1 lth at 7:00 p.m. in the Council Chamber. It will be a joint Council and Parks meeting and an opportunity to answer questions from the public. 2. Bryant Lake Water Ski Team Request This item was removed from the agenda. 2. Park Sign Designs This item was removed from the agenda. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Fire Station Bids Fire Chief George Esbensen said all bids for the fourth and final fire station were unacceptably high. The project will be rebid after going through the bid documents and waiting for more competitive market conditions, possibly in December and January. MOTION: Young moved, seconded by Butcher, to reject all bids for the construction of Fire Station#4. Motion carried 4-0. H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Young, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 7:16 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 18, 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. Temporary Liquor Organization: Hope Chest for Breast Cancer Event: Charitable Fundraiser Date: 11/17/05 Place: Eden Prairie Center/Former Mervyn's location - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. B. Community Development/Planning Eden Bluffs Corporate Center I Janet Jeremiah Requested Action Move to: d • Approve 2 riReading of the Ordinance for Planned Unit Development District Review and ZoningDistrict ct Change from Rural to Office; and • Adopt the Resolution for Site Plan Review; and • Approve the Development Agreement for Eden Bluff Holdings LLC Synopsis This item is the approval of the developer agreement and site plan to allow the construction of a 150,000 square foot office building located at Charlson Road and Highway 212 Attachments 1. Ordinance for Planned Unit Development Review and Zoning District Change 2. Summary Ordinance for Planned Unit Development&Zoning Change 3. Site Plan Resolution 4. Developer Agreement EDEN BLUFF CORPORATE CENTER I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.20-2005-PUD-12-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development Office Zoning District 20-2005-PUD-12-2005 (hereinafter"PUD-12-2005-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 1.8, 2005, entered into between Eden Bluffs Holdings LLC, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-12-2005-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-2005-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-2005-Office is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-12-2005-Office are justified by the design of the development described therein. D. PUD-12-2005-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the Office Zoning District and shall be included hereafter in the Planned Unit Development PUD-12-2005-Office and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. 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 in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of October,2005. ATTEST: Kathleen Porta, City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A 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 1.8 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. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 20-2005-PUD-12-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located at Charlson Road and Highway 212 from the Rural Zoning District to the Office Zoning District on 18.47 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) EDEN BLUFFS CORPORATE CENTER I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN BLUFF CORPORATE CENTER I BY EDEN BLUFF HOLDINGS LLC WHEREAS, Eden Bluffs Corporate Center I, has applied for Site Plan approval of Eden Bluffs Corporate Center I to construct a 150,000 square foot office building, by an Ordinance approved by the City Council on October 4, 2005; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its September 12, 2005 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its October 4, 2005 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Eden Bluff Corporate Center I based on the Development Agreement between Eden Bluff Holdings LLC and the City of Eden Prairie, reviewed and approved by the City Council on October 1.8, 2005. ADOPTED by the City Council of the City of Eden Prairie this 18'' day of October, 2005. Ron Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPER'S AGREEMENT EDEN BLUFF CORPORATE CENTER 1 THIS AGREEMENT,made and entered into as of October 18,2005, by EDEN BLUFF HOLDINGS LLC,a Minnesota limited liability corporation,hereinafter referred to as'Developer," its successors and assigns,and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City"; WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment Review on 36.8 acres,Planned Unit Development District Review on 18.47acres, Zoning District Change from Rural to Office on 18.47 acres, Site Plan Review on 18.47 acres and Preliminary Plat of 36.8 acres into 1 lot and 1 outlot, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and; NOW THEREFORE, in consideration of the City adopting in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment Review,Ordinance No.20-2005-PUD-12-2005 for Planned Unit Development District Review and Zoning District Change from Rural to Office,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. Developer,shall develop Property the Pro a in conformance with the materials revised and stamped dated October 6,2005,reviewed and approved by the City Council on October 6 2005 and attached hereto a t subject t o e d modifications a s e Plans,h P s, s b� o such changes an s provided herein. 2. EXHIBIT C Developer agrees to the terms, covenants, agreements and conditions set forth in Exhibit C. 3. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property Developer shall dedicate to City the property known as Outlot C on the proposed preliminary plat of Eden Bluff Highlands 2"d Addition for park purposes in accordance with the terms of Exhibit C. Property dedicated for park purposes shall be maintained exclusively by the City and Developer shall have no responsibility therefore. In addition to the dedication provided for in this paragraph, Developer shall pay park cash fees as required by paragraph III of Exhibit C attached hereto. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to development of, or construction on the Property or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees),damages and injunctions relating to any acts,failures,errors or omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents; provided, however, that the indemnification obligations of Developer set forth herein shall not extend to such matters arising out of the City's own negligence. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. The materials and colors must be consistent with the Hennepin Village Design Manual dated November 13,2001,by Westwood Professional Services,Inc.(hereinafter referred to as Design Framework Manual"). Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FUTURE DEVELOPMENT: Prior to the issuance of any building permits on the Property as depicted in the Plans,Developer shall submit the plans required by the Eden Prairie CityCod f e or review and approval by the Community Planning Board and City Council. These plans shall be developed in accordance with the following conditions. a. The Developer has agreed and therefore shall dedicate on the plat the property —2— described as Outlot C on Exhibit F. b. The access to the proposed Neighborhood Convenience Center within the Property should be located 1/8th mile from Highway 212,coordinated with access to the west, and located to provide adequate site distance. c. Access to Charlson Road shall be at 1/8t'mile spacing. d. Rear yard drainage on the Property shall be directed back to internal streets in order to manage the Prairie Bluff Conservation Area as a dry prairie. e. The actual amount of office, industrial and commercial that can be built shall be based on detailed plans presented at the time of rezoning. f. Construct trails and sidewalks as further described in this Agreement. g. Developer is required to receive zoning approval, site plan approval and platting approval prior to building permit issuance for any portion of the Property. 8. GRADING, DRAINAGE,AND EROSION CONTROL PLANS: a. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for any portion of the Property,Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the area included within the requested permit. The final grading and drainage plan shall include pond designs for wet basins with adequate storage for the calculated NURP and 100 year flood events, all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan b. Developer shall employ the design professional who prepared the Final Grading Plan. The design professional shall monitor construction for conformance to the approved Final Grading Plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved Final Grading Plan and City erosion control policy. c. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the area to be graded. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures.All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,attached hereto and made a part —3— hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. The City acknowledges that the erosion. control plan is described in the Final GradingPlan described in Section 8 a above. � ) Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation ponds during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 9. IRRIGATION PLAN: Prior to building permit issuance for any lot within the Property, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas for such lot. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation ofthe approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of the occupancy permits for any structure on such lot. 10.LANDSCAPE PLAN: Prior to building permit issuance for any lot within the Property,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for such lot. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond or letter of credit in an amount equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of the occupancy permit for any lot, Developer shall complete implementation of the approved landscape plan for such lot in accordance with the terms and conditions of Exhibit C.The bond furnished by Developer may be provided by the landscape contractor provided the City Planner approves said landscape bond as provided above,and provided that the rights ofthe City as obligee under such bond are not impaired or affected in any manner by any default or failure of the Developer to perform any condition or obligation under or pursuant to the Developer's contract with the landscape contractor.o . 11. PERFORMANCE STANDARDS: Developer agrees that the development of the Property will occur in a manner meeting all applicable noise,vibration,dust and dirt, smoke, odor and glare laws and regulations. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part —4— of PUD Mist PUD number): Front yard parking setback waiver from 35 feet to 1.7.5 feet. 13. RETAINING WALLS: Prior to issuance by the City of any pen-nit for grading or construction on any lot, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls on such lot identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terns and conditions of Exhibit C, attached hereto, prior to issuance of any such permit for said lot. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as reasonably required by the Director of Parks and Recreation Services for access thereto. Sidewalks and trails shall be constructed in the following locations: a. An eight-foot wide bituminous trail to be located within Outlot C. Developer shall be responsible to construct said trail as depicted in the Plans; provided, however,the parties acknowledge that Hennepin Office LP will be constructing the trail on behalf of Developer. The City shall reimburse the Hennepin Village Office LP for its actual costs of construction. Prior to construction the Developer shall submit to and receive approval from the Director of Parks and Recreation Services of the amount of said reimbursement. Developer shall complete implementation of the approved sidewalk and trail plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 15. SIGNS: Developer agrees that f each or sign which requires a permit b Eden p g g q P Y Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 16. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to —5— the City Planner and receive the City Planner's written approval of a plan for lighting on the Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. TREE LOSS-TREE REPLACEMENT: Tree replacement related to Lot l Block 1, Outlot A, and Outlot B is 1,288 inches. Tree loss calculated for Lot 1,Block 1 is 463 diameter inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 463 caliper inches. This approved plan shall include replacement shade trees of a 4-inch diameter minimum size and conifer trees with a 10-foot minimum height. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code.Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E,shall be signed by the owner(s)of the Property with the City for trunk sewer and water assessments against Lot 1 and Outlot B on an assessable area of 18.47 acres for in the amount of$106,848.95. Developer acknowledges and agrees that trunk sewer and water assessments may be levied against Outlot A, Addition with each portion of the Outlot A replatted based on the gross area of each portion platted. Prior to release of a final replat for any additional portion of the Outlot A, Developer shall sign an assessment agreement for trunk sewer and water assessments. 19. TRAIL EASEMENT ADJACENT TO PRIVATE ACCESS ROAD: Prior to the release of any final plat for the Property,Developer shall submit a Sidewalk and Trail Easement, attached as Exhibit F for review and written approval by the Director of Parks and Recreation Services.. Prior to the release of the final plat for any portion of the Property, Developer shall submit evidence to the Director of Parks and Recreation Services, that the approved Trail Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 20. CROSS ACCESS,PRIVATE UTILITY,ANDMAINTENANCE AGREEMENT: Prior to release of a final plat for the Property, the Developer shall enter into a cross access, private utility and maintenance agreement with the owner of Outlot A, Eden Bluff Highlands 2nd Addition the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access sanitary sewer services and storm sewers. All of these facilities shall be privately owned and maintained by the Owner of the Property. —6— Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that this agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 21.POND ACCESS EASEMENT: Prior to release of a final plat for the Property, the Developer shall provide to the City of Eden Prairie a signed cross access easement for review and approval to the City Engineer for access to the water quality pond. The easement shall cover access over the main access drive on the north side of Lot 1 of the Property to the pond. Prior to the release of the final plat for any portion of the Property, Developer shall submit evidence to the Director of Parks and Recreation Services, that the approved Trail Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 22. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit for the Property,Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management(TDM)Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. Prior to issuance of the building permit for the Property,Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 100%of the cost( of implementing the first two (2)years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees: A) 3 months after a certificate of occupancy has been issued. In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the current tenants, the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: —7— - Upon completion of items associated with plan start up. After 1 calendar year of TDM plan implementation After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the Security the Developer shall submitto the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained for the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 23. COUNTERPARTS. This Agreement may be executed in multiple counterparts which,when taken together, shall constitute one and the same agreement. 24. PRIOR DEVELOPMENT AGREEMENT: As to the Property this Agreement supersedes in its entirety the Eden Bluffs Holdings-Hennepin Village Development Agreement, dated April 26, 2005. —8— Eden Bluff Holdings LLC CITY OF EDEN PRAIRIE a Minnesota limited liability corporation By: United Properties Investment LLC, a Minnesota limited liability company Ron Case,Acting Mayor Its: Sole Member By: Frank J. Dutke Its: Executive Vice President Scott H.Neal, City Manager By: William P.Katter Its: Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Ron Case and Scott H.Neal, respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by Frank J. Dutke, and William P. Katter, executive vice president and vice president of United Properties Investment LLC,the sole member of Eden Bluffs Holding LLC,on behalf of the limited liability company. Notary Public —9— Acknowledgement and Joinder of Hennepin Office Limited Partnership Hennepin Village Office Limited Partnership,a Minnesota limited partnership,by execution hereof, hereby agrees to perform the Hennepin Office Obligations described in Paragraph 14 hereof and otherwise comply with the terms and conditions of this Agreement relating thereto. Hennepin Village Office Limited Partnership, a Minnesota limited partnership By: The Pemtom Land Company, a Minnesota corporation Its: General Partner By: Daniel J.Herbst Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by Daniel J. Herbst President of The Pemtom Land Company, a Minnesota corporation, the General Partner of Hennepin Village Limited Partnership,a Minnesota limited partnership,on behalf of the limited partnership. Notary Public — 10— EXHIBITA LEGAL DESCRIPTION OF THE PROPERTY Tracts D and E of Registered Land Survey 1737; Together with that part of the Southeast Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota lying easterly and southerly of Tract D, Registered Land Survey No. 1.667, files of the Hennepin County Registrar of Titles and lying northerly of Flying Cloud Drive, EXCEPT that part of said Southeast Quarter which lies northerly of a line described as beginning at the southeast corner of the Northeast Quarter of the Southeast Quarter;thence North 72 degrees 17 minutes 46 seconds west, assuming the East line of said Southeast Quarter bears North 00 degrees 17 minutes 55 seconds west, a distance of 1045.32 feet to the East line of Tract D and said line there terminating,and EXCEPT that part shown as Parcel 210 on the plat designated as State Highway Right of Way Plat No. 27-3, according to the U.S. Government survey thereof for Hennepin County, Minnesota. EXHIBIT B PLANS—EDEN BLUFFS CORPORATE CENTER 1 Cover sheet, stamped dated October 4, 2005, by Westwood Professional Services Preliminary Plat, stamped dated October 4, 2005, by Westwood Professional Services Civil Site Plan, stamped dated October 4, 2005, by Westwood Professional Services Civil Grading Plan, stamped dated October 4, 2005, by Westwood Professional Services Civil Utility, stamped dated October 4, 2005, by Westwood Professional Services Landscape Plan, stamped dated, October 4,2005, by Westwood Professional Services Cross Section, stamped dated, October 4, 2005, by Westwood Professional Services Signage, stamped dated, October 4, 2005, by Edward Farr Architects, Inc. Lighting, stamped dated, October 4, 2005, by Ace Electrical Contractors, Inc. External Elevations, stamped dated, October 4, 2005, by Edward Farr Architects, Inc. Concept Plan `A', stamped dated, October 4, 2005, by Edward Farr Architects, Inc. Concept Plan B, stamped dated, October 4, 2005, by Edward Farr Architects, Inc. Concept Plan `C', stamped dated, October 4, 2005, by Edward Farr Architects, Inc. EXHIBITC -DEVELOPMENT AGREEMENT—EDEN BLUFF CORPORTE CENTER 1 I I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location ofwalks,trails,and any property deeded to the City. if. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the"Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01, et seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as 2 "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character,and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. 3 XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVIL No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIIL Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terns of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. 4 XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. 5 EXHIBIT D-DEVELOPMENT AGREEMENT—EDEN BLUFF CORPORATE CENTER 1 EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations_ 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. 1 c. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance r ce of this Agreement P Y P g The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shal I accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. 1,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION Owner(Print): Address City State zip- 2 EXHIBIT E DEVELOPMENT AGREEMENT—EDEN BLUFF CORPORATE CENTER I AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2005,between the City of Eden Prairie,a municipal corporation, (the "City")and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: l. The Owner consents to the levying ofassessments against the Property in the amount of $106,848.95 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 6. This Agreement may be terminated only with the written consent of all the parties hereto. OWNER CITY OF EDEN PRAIRIE 1. Eden Bluff Holdings,LLC A Minnesota Municipal Corporation A Minnesota limited liability company By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 72005, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by Frank J.Dutke,and William P.Katter,the executive vice president of United Properties Investment, LLC,the sole member of Eden Bluff Holdings,LLC,on behalf of the limited liability company. the_ a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 2 EXHIBIT F DEVELOPMENT AGREEMENT—EDEN BLUFF HOLDINGS-HENNEPIN VILLAGE ("Grantor")hereby grants and conveys this day of 200 , to City of Eden Prairie ("Grantee") an easement("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota, described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a trail; B. For travel by the public, on foot, and in or on non-motorized vehicles, includingbut not limited to bicycles, skis strollers and skates; � Y , C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive, provided however,the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with,the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s)of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, by , the , a Minnesota , on behalf of the corporation. Notary Public Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V1. C. Randy L. Slick Final Plat Approval of Eden Bluff Highlands Public Works/Engineering 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of Eden Bluff Highlands 2"d Addition. Synopsis This proposal is for the plat located in the northwest quadrant of the TH212 and Charlson Road intersection. The plat consists of 36.8 acres to be divided into one lot and three outlots. A 150,000 sq. ft. office building is proposed on Lot 1. This is a replat of Outlot D, Eden Bluff Highlands. Background Information The preliminary plat was approved by the City Council on October 4, 2005. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on October 18, 2005. Approval of the final plat is subject to the following conditions: 1) Receipt of engineering fee in the amount of$4,489.60 2) Receipt of street lighting fee in the amount of$748.44 3) Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. 4) Execution of Special Assessment Agreement for trunk utility improvements 5) The requirements as set forth in the Developer's Agreement. 6) Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. 7) Revision to final plat shall include standard boundary drainage and utility easements on Lot 1. 8) Prior to release of final plat, Developer shall provide a Warranty Deed to the City of Eden Prairie for Outlot C. 9) Prior to release of final plat, Developer shall submit and receive approval of a Sidewalk and Trail easement. 10) Prior to release of final plat, Developer shall enter into a cross access, private utility and maintenance agreement with the owner of Outlot A, Eden Bluff Highlands 2"d Addition. 11) Prior to release of final plat, Developer shall provide to the City of Eden Prairie a signed cross access easement for access to the water quality pond. 12) Prior to release of final plat, Developer shall provide proof that the Development Agreement has been recorded at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat RESOLUTION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 2ND ADDITION WHEREAS, the plat of Eden Bluff Highlands 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Eden Bluff Highlands 2°d Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 18, 2005. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED b the Eden Prairie City u October 18 2 05. Y h' Council on O b 0 Ron Case, Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk i y L - - 4�, EDEN BLUFF HIGHLANDS SECOND ADDITION .Ze•11.1 CIO. 90• \8 00 \ NI M5'53% \ L.65.39 R- 264.00---.,_____ L. 96.64 R.206.31-.,________ NO W17 A 14°52'15' •"`- •`••!'� `` `/ [°'vc•e u rr 689, // AL.210.E :/ i.R. / • ^�. `�-.0 76 L. 120.50 4•,�="-�•.• 'C�`J' ,•YN r�� fat \ NJO°OS'OJ°E ._ j��4r\ .~'/''s r�v�•^,^ (,'rOp \� OUTLOT A0. r ! 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Me fer"Ooll M#(u a"l A-0aMowbd9od Defw,me Ofs_day or IO 6y hvnY - OvlNe.E<,w liw Me p $;danl allotMtflwn P.Rofler,Nee ftoomf of Ede"Sklr Hpdhgs LLC,a MMnes J. ete Ifmff4. OF1'CVIA/dl a[rAEN PRAAL NlAf50FA NOWify eempwrx m bMdf of the ewnpe"y BY By Meta- Oly Mpeger Notary Public, Cam lx Yknwelo i Ny Commlrrkn EpD,r FA.mAFl71 SOPNLtS DIIdSIOY,HennapM Cawfx MMnwefo r nvwr<wflry shot row.,va)Pa.M_e"d pros).w,be..b..n pole r Ie"d dranaw e"Me per.Der.e Mh_der of 70 P111kh N.O'C m Ne"nryeM Comfy AV tw BY Deputy SLWW1 DMA NMnAMe Cwnly Nbne»fa PMJM0at to AMW..SIAr.See Jd 93dS(1959)thle"I her b,on oppawd Mil_day of 70 WN—P.Brown,IIMnpM Camty Sww)I, By REwSMAR GF 11",M NennpM Cp Ix meelosoro I hwADy eWIN,that the.IfhM pal If LDEN BLUFF ff 6 LANDS 7NO AOOFIOI eee Mod M Mir offke Mf,_doy of 2✓al a ele,N_M. Nkeeet N Camlff,Rpkbw of 1714. By 0pofy WEST WOOD ' Pro/sekNal Sw krA M<. Sheet I pf 7 M,efa CITY COUNCIL AGENDA DATE: October 18,2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: 2"d Reading of an ITEM NO.: VI. D. Scott Neal, City Manager Ordinance Establishing the Conservation Commission Requested Action Move to: Approve second 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 The first reading of the ordinance was approved at the October 4,2005, City Council meeting. 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 , 2005. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2005. EP\Ordinanc\Chapter 2\Conservation Commission Ordinance. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 1.8, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Community Development/Planning McCall Bluff Amendment Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.89 acres; and • Approve l st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the Rural Zoning District on 4.89 acres; 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 The project is a 3,142 square foot addition to the existing house on Lot One and to modify the approved 61 foot side yard setback to 25 feet. Background Information This 4.89 acre site received City approval for a subdivision into two lots on August 16, 2005. The approval was based on dedication of 2.31 acres of land and .89 acres of conservation easement. Setback and lot size waivers were granted in exchange for the dedication and conservation easement. The building addition may have some additional visual impact, but the tree cover below the home will limit the exposure from Highway 212 and the river. The proposed building addition will result in a home that this comparable in size to existing and proposed homes approved on the bluff. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the September 26, 2005 meeting. Attachments 1. Resolution for PUD Concept 2. Staff Report 3. Location Map 4. Land Use Map, Zoning Map 5. Planning Commission Minutes 6. Project narrative with (4)attached drawings MCCALL BLUFF AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005 - A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MCCALL BLUFF AMENDMENT FOR MCCALL CONSTRUCTION COMPANY 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 26, 2005, on 4.89 acres by McCall Construction Company 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 18, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota., as follows: l. McCall Bluff Amendment, 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 October 18, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission September 26, 2005. ADOPTED by the City Council of the City of Eden Prairie this 18'h day of October, 2005. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: The West 225.0 feet of the Southwest Quarter(SW'/4)of the Southwest Quarter(SW'/4)of Section 29, Township 116 North,Range 22,Hennepin County,Minnesota, lying northerly of the northerly right of way line of State Highway No. 169-212.Together with an easement for road purposes over the South 33.0 feet of the North 66.0 feet of the Southeast Quarter(SE '/4)of the Southeast Quarter (SE'/4)of Section 30,Township 1.16 North,Range 22,lying Easterly of the Town Road(Dell Road). STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: September 23, 2005 SUBJECT: McCall Bluff Amendment APPLICANT/ Jeff McCall OWNER: Jeff McCall LOCATION: 9997 Dell Road 1. Planned Unit Development Concept Review on 4.89 acres. 2. Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. Staff Report— McCall Bluff Amendment September 23,2005 BACKGROUND This 4.89 acre site received City approval for a subdivision into two lots on August 16,2005. The approval was based on dedication of 2.31 acres of land and .89 acres of conservation easement. Setback and lot size waivers were granted in exchange for the dedication and conservation easement. PLAN AMENDMENT The project is a 3,142 square foot addition to the existing house on Lot One and to modify the approved 61 foot side yard setback to 25 feet. The existing house is approximately 3,000 square feet. No specific house plan was approved for Lot Two.A 4,000 square foot building pad was shown on the plan. The building is likely to be between 6,000—8,000 square feet depending on if it is a one story or two story walkout. The approved Grootwassink subdivision to the east is two lots. The lot with the existing home has a house size of 4,826 square feet with an approved addition of 3,000 square feet. The proposed house on the undeveloped lot is 8,314 square feet. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers were granted with the McCall Bluff Addition in the Rural Zoning District. Code Lot 1 Lot 2 10 acres 1.l acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet side setback 50 feet 7 feet l 5 feet side setback 100 feet 61 feet 15 The side yard setbacks in the Grootwasink subdivision are larger because the lots are 2.28 and 2 Staff Report— McCall Bluff Amendment September 23, 2005 1.60 acres in size. Code Lot 1 Lot 2 side setback 50 feet 20 feet 25 feet side setback 100 feet 100 feet 50- feet TREES The approved plan showed 52 inches of significant trees on the proposed lots. The required tree replacement is 69 inches. Since there is a large quantity of significant trees that will be saved in the land dedicated to the City, and the area protected by conservation easement the tree replacement requirement was waived.No additional tree loss is caused by the building addition. SEPTIC TANK AND DRAINFIELD The plan meets the requirements based on the size of the proposed house with the addition. SUMMARY Approval of the subdivision with waivers for lot size and setback were based on preservation of 3.1.6 out of 4.89 acres of land along the bluff. The building addition may have some additional visual impact, but the tree cover below the home will limit the exposure from Highway 212 and the river. The proposed building addition will result in a home that this comparable in size to existing and proposed homes approved on the bluff. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 4.89 acres. • Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. • Preliminary Plat of 4.89 acres into 2 lots. This is based on plans dated stamp dated September 23,2005,the Staff Report dated September 23, 2005,and the following conditions: 1. Prior to grading permit issuance, the proponent shall: 3 _Staff Report— McCall Bluff Amendment September 23,2005 A. Notify the City and Watershed District 48 hours in advance of grading. 2. Prior to building permit issuance for the property,the proponent shall pay the cash park fees. 3. A side yard setback waiver to 25 feet is granted as part of the PUD. 4 Area Location Map @ McCall duff Address: 9997 Dell Road -77 \ Dell Road W. j Flying Cloud Drive(212) Lake Riley N `��\ No Scale Zoning Map McCall Bluff 9997 Cell Road r 3j• Deft Road t. J .w\ 3 Y { .�-- I Flying Cloud Drive ON ate , ar h. City of Eden Prairie Zoning Map ._.£Rural One Famiiy .'.0 acre min. =Il gtrvtay Commercial Shoreland Management Classifications :!RI-44. One Family-4a,o40 0 min.. ReoionalService Commercial j `� Natural Environment Waters R1-22 One FamiNy-2A(IDD s'Tern Regional Commeidaa 33t3' Recreational Development Waters General Develonrrent;Waters(Creeks Only) iRt-13.5 One Family-13,500sfIT"i lrxfustralPa,k 2Am1,141, , 3 .0Q- Year Fioactriain 1 RI-"s,.5 One Fami;•-5 500 sf rain Industrial? Y Pa.,*, 5 Acrr:ba" a n Nictht`ay#3Y s Ydest of C:rirNv Road#4 is?rM,csn .•;u'3: r+svu�:rad at S1uS ti:r,e ,.9 5 - .. P,. •.i. ri t:�-E.� tL1S'�J Farris -E1.� 1. Y t-PA.Enax. Gcrcrai,ndtesfrial-SA.,retl7. '' :J;daie through.Ordinance#0i�:.jfl0'i WA-2-5 Mto ii-Faml y-1?4 U.P.A.max Public Cscrinance 933-2001(B'R Acuin€an)a[pmve::.ix t mA shovn cm tens map ec tion Vi`ater o:.,e.June 24,2W5 NeighborhoDd Comma v 3 y "iA y - L :S 1 � _,l Gxmmuriiy Commercial G!wnhassi~n City=inns i� Guide Flan Map McCall Buff 9997 Cell Road ir GeH Road r a f ;` S Irf SIT # I lye, cIQu d DriT Ne ghd cra,od To mems! ' erirt. I, J: G Iyi.�,�'l._ ��.ii�.r,�;'� - 7 :..711"t I,t;&-n rll£tfial t";rll�f;,; t"I v Medtlm L -,y r S19 n::ai'5 '+J Lim,..'k;re _: at',:,it� 1 orY�l rsul —P r�c� _ l .t+�til..n�,.,�.,i', k_so�ak,�.��t;�a r rnQ.rri..Mr- ;,.r .r f P r .� ..�`. 3;rah UK', Rw sfdm(3W 104C Um J kc s .. .� .i F I.J r_1..._asi-;='JD: 6.;..;.r N OM Chwo m bra t" DOE 4 n i�' Rlt�!~ U 4'8 j' ..,. Omani _,.—. SJie,c.,G.aa,,.n;,(u.�EGr^IZC- .nQ J--USA) C.€.As Planning Commission Minutes from September 26,2005 C. MCCALL BLUFF AMENDMENT by McCall Construction Company. Request is for a Planned Unit Development concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. Location is at 9997 Dell Road. Jeff McCall, president of McCall Construction, presented the proposal. He utilized the overhead projector to show an illustration of the plan. He pointed out that the subdivision was approved last month but they are back now because they want to add on an addition to the home. Mr.McCall displayed a floor plan of the expansion. He stated that this is currently a 3,000 square foot home and most of the homes in the area are between 6,000-12,000 sq. ft. He said that this is the reason for the amendment to the waiver. He pointed out that the dedication of the bluff land would remain the same. Stoelting asked Mr.McCall to illustrate where the 25 foot setback would be located. Mr.McCall illustrated where the setback was located and that would be on the west side of the property,he also pointed out that there is a side yard setback of 7 feet for lot one, and a side yard setback of 1.5 feet for lot two. Stoelting asked Franzen to review the staff report. Franzen stated that size of the home is not an issue for Staff, but how many houses should be on the bluff and what is the best way to maximize the bluff area to preserve its natural state. He said that to wait for sewer and water to come into the area,this would result in more houses. The decision of the City was if it can get by with the subdivision in its current state that benefits the landowner, the City can preserve 50 percent of the site with dedication and another 20 percent with land easements. Staff recommendation is for approval. Stoelting opened the meeting up for public input. There was no input. Kirk asked Franzen to comment on the property that is located to the west. P Franzen stated that the resident Mr. Gary Stevens, currently lives in that home and has been talking about creating two lots. That issue will be addressed at the October 24th meeting. Kirk asked Mr.McCall if there had been any discussion with Mr. Stevens about the setbacks. Mr. McCall stated that there had not been any discussion with Mr. Stevens. Franzen said that developers are in agreement with the setbacks. Stoelting asked Mr.McCall about the large tree stand and if they are saving this. Mr.McCall stated that it should not be affected. Stoelting asked if this was property to the west and Mr. McCall confirmed that it was. Nelson stated that she has no objections to upgrade the property. Koenig agreed with Nelson. MOTION by Koenig, seconded by Nelson, to close the public hearing. Motion carried 7-0. MOTION by Koenig, seconded by Rocheford,to approve the Planned Unit Development Concept Review on 4.89 acres, and Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres based on plans stamped dated September 22, 2005, subject to the recommendations of the staff report dated September 23, 2005. Motion carried 7-0. Dear Eden Prairie City Counsel; 09/17/05 We respectfully submit this request for a side yard setback waiver with reason's as follows. We had originally drawn a fifteen foot side yard setback on all of our preliminary plans for the subdivision of McCall Bluff with the intent of adding on to the existing home,while concentrating on the newly created lot and the seven foot east side yard setback, in going from plan to approval text the side yard setback to the west was left at sixty one feet when it was our understanding and was depicted on the plans at fifteen feet, therefore to facilitate our addition we are requesting a twenty five foot side yard setback, the combined side yard setbacks of twenty five feet and seven feet would exceed the standard residential side yard setback of thirty feet which is what we've got on the newly created lot. The existing home is essentially a one bedroom home,and although well built :and fairly new, in order to fit in well with the neighborhood it needs a sizable addition. The septic designs for primary and alternate sites were designed for a five bedroom home in 2004 when we started the subdivision process. The west side lot is the only feasible area for expansion,I hope you can understand my position and we can achieve a solution. At the September 26`h planning commission meeting,we had full approval,and with consideration of the time of year, I was wondering if we could ask for permission to go ahead with the footings,foundation,and septic system prior to the consent agenda 6h November I". Thank you,Jeff McCall PLANNING DEPT. D OCT 1 8 2005 CITY OF EDEN PRAIRIE So�KH 4-��nToN fP i�i ro 11 — �i ` 'V \i\1�.1�1\l\1�1�VV�aV�1V�1 V\\VVV'V�'•�\1`�\•�l� ��1�\v\1�1��VVv�� 'i��' � \J, _ •4 Y �. 9 Wi O&Lt_ ft tbM FkAi g-t- - f o r— klp ' t It AM Lo yHtir SNo� 7OL, i i hJE]�? �8L1C� I �tstoo,.. I H*s-rre-• aci�.�M 1 � P l I/ WA cLutt fr •Pe.. bs NDic WM GLo.SVT —4-- �x NEti./ —� 0ji.-b .. � JE.� MG�� d��ON (�,o.. �G.�L�"T�4•'k3�5 Rl i l 'r,)ti►L. RA. Elh" ol. D r r I I I S00'19'38"E 746.03 50.031 445.24 I � I I � I �Ln 0 I co EX. WELL L O T n L EASEMENT LINE CONSERVATION Q 500'19'38"E S1 SS4'St 0 I L 52,67 35.7S I o ^ •- "—� S 00'19'38" E 196.23 � • I r. Sri N I N N J W z wx X. SEPTI \� in 4 �-EX C 5 I 451.11 50.0 =xx x - N00'19'38"W 9E O n ri 8 i CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Sue Kotchevar, Office of the Amend Financing Program and Proposed City Manager/Finance Issuance of Multifamily Housing Revenue Bonds For the Bluffs at Nine Mile Creek Project Requested Action • Close the public hearing; and • Adopt Resolution amending the financing program and authorizing the issuance of Multifamily Housing Revenue Bonds to finance and refinance a development under Minnesota Statutes, Chapter 462c and the execution of various documents in connection with the Eden Prairie Leased Housing Associates I, Limited Partnership Project (Bluffs at Nine Mile Creek). Synopsis On February 4, 2002, the City Council gave preliminary approval to the issuance of bonds totaling $26,500,000 for The Heights at Valley View project. It has since been renamed the Bluffs at Nine Mile Creek. These bonds were refinanced in 2003 and included the following issues: 1. Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2003A 2. Taxable Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2003B 3. Subordinate Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2003C 4. Multifamily Housing Revenue Bonds, Series 2003D The financing program proposal increases the amount of authorized bonding to $27,500,000. The 2003C and 2003D bonds are proposed to be refunded by issuing the following bonds: 1. Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2005A 2. Taxable Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2005B Background Information MN Statutes, Chapter 462C, authorizes the City to undertake housing development projects and to issue its revenue bonds for the financing of housing development projects. The City proposes to loan the proceeds of revenue bonds to finance and refinance the acquisition and construction by Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership, of the 188 multifamily housing facility referred to as the `Bluffs at Nine Mile Creek"project. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION ADOPTING AN AMENDED FINANCING PROGRAM AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE AND REFINANCE A DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C AND THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE EDEN PRAIRIE LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP PROJECT A. WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") has previously issued its $23,500,000 Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003A (the "Series 2003A Bonds"), its $260,000 Taxable Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003B (the "Series 2003B Bonds"), its $2,000,000 Subordinate Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003C (the "Series 2003C Bonds") and its $1,000,000 Subordinate Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2003D (the "Series 2003D Bonds") (collectively, the "Series 2003 Bonds"), the proceeds of which were loaned to Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership (the "Borrower") to finance the acquisition and construction of a certain Project(described below); and B. WHEREAS, the Issuer has on April 16, 2002, approved the program for the issuance of the Series 2003 Bonds after a public hearing on the Project and said program (the "Original Program") in accordance with the requirements of Minnesota Statutes, Chapters 462A and 462C (collectively, the"Act"); and C. WHEREAS, it is now proposed that there be issued Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2005A (the "Series 2005A Bonds"), and Taxable Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates 1, Limited Partnership Project), Series 2005B (the "Series 2005B Bonds", jointly with the Series 2005A Bonds the "Series 2005 Bonds")to finance and refinance the Project, in part; and D. WHEREAS, the Borrower has proposed that the Issuer adopt an amended multifamily housing bond financing program, a copy of which amended program is attached hereto as Exhibit A (as amended, the "Amended Program"), in accordance with Section 462C.04, subd. 2 of the Act, which requires that a public hearing be held thereon, but does not require any further review or comment since the Amended Program makes changes only in the financial aspects of the proposed issue of bonds; and E. WHEREAS, the Issuer has on October 18, 2005, has conducted a public hearing on the Amended Program after publication of notice as required by Minnesota Statutes, Section 462C.04 of the Act; and F. WHEREAS, the Amended Program provides for the issuance of the Series 2005 Bonds by authorizing the issuance by the Issuer of housing revenue bonds, in an aggregate amount presently estimated not to exceed $27,500,000 to finance the acquisition and construction of the Project; and G. WHEREAS, the City is authorized to issue bonds for any of its corporate purposes, including financing and refinancing the Project pursuant to the Amended Program, under the Act; H. WHEREAS, sufficient details of the revenue bonds and other aspects of the financing have been agreed to and the Borrower requests that this final bond resolution should be adopted on this date and a proposal for the revenue bonds be accepted: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: l. Amended Program. The Amended Program for the issuance of the Series 2005 Bonds is hereby adopted in the form attached hereto as Exhibit A. 2. Proposal. The City Council has received a proposal from Eden Prairie Leased Housing Associates I, Limited Partnership (the "Company"), that the Issuer undertake to finance and refinance a certain Project, in part, as herein described pursuant to the Act, through issuance by the Issuer of the Series 2005 Bonds in accordance with a Bond Purchase Agreement (the "Purchase Agreement') among the Issuer, Dougherty & Company LLC (the "Purchaser") and the Company. 3. Project. The Company desires to finance and refinance, in part, the acquisition and construction of a residential rental project with 188 units located at the northwest corner of Valley View Road and Flying Cloud Drive in the City (the "Project'). The Project as described above will further the policies and purposes of the Act. 4. Structure. It is proposed that, pursuant to a Loan Agreement dated as of February 1, 2003, by and between the Issuer and Company (the "Original Loan Agreement'), as amended by a First Amendment to Loan Agreement, dated as of November 1, 2005 (the "First Amendment to Loan Agreement' and, together with the Original Loan Agreement, the "Loan Agreement'), the proceeds of the Series 2005 Bonds be loaned to the Company to pay or reimburse certain costs of the Project, directly and by refunding the Series 2003C Bonds and the Series 2003D Bonds. The payments to be made by the Company under the Loan Agreement are established so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series 2003A Bonds, the Series 2003B Bonds and the Series 2005 Bonds when due. The Series 2003A Bonds, the Series 2003B Bonds and the Series 2005 Bonds are sometimes referred to herein as the "Bonds." It is further proposed that the Issuer assign its 2 rights to the payments and certain other rights under the Loan Agreement to LaSalle Bank National Association (the "Trustee"), as security for payment of the Bonds under an indenture of Trust dated as of February 1, 2003 (the "Original Indenture") between the Issuer and the Trustee, as amended by a First Supplemental Indenture of Trust, dated as of November 1, 2005 (the"First Supplemental Indenture" and, together with the Original Indenture, the"Indenture"). The Bonds may be tendered for purchase optionally or mandatorily under certain circumstances, and will be remarketed pursuant to a Remarketing Agreement entered into in connection with the issuance of the Series 2005 Bonds (the "Remarketing Agreement") by and between the Company and Purchaser. The Bonds will be secured by an irrevocable Letter of Credit, as amended by an Amendment No. l to Letter of Credit (the "Letter of Credit") issued by LaSalle Bank National Association (the "Bank"). The Company will grant a mortgage and security interest in the Project to the Bank pursuant to an Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated as of February 1, 2003, as amended by a First Amendment to Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated as of November 1, 2005 (the "Mortgage"). Additional documents securing the Bank to which the Issuer is not a party include a Reimbursement Agreement, Pledge Agreement, Assignment of Rents and Leases and Guaranty of Payment, including all amendments thereto. The Series 2005 Bonds will be offered for sale by the Purchaser pursuant to an"Official Statement." Certain aspects of operations of the Project will be governed by a Regulatory Agreement between the Trustee and Company dated as of February 1, 2003, as amended by a First Amendment to Regulatory Agreement, dated as of November 1., 2005 (as amended, the "Regulatory Agreement"). Certain representations, covenants and agreements with respect to the Project and the Series 2005 Bonds are set forth in a Tax Compliance Agreement among the Issuer, Trustee and Company dated as of the closing date (the"Tax Compliance Agreement"). Additional documents will govern other aspects of the transaction. 5. Preliminary Approval. The City Council by action taken on October 4, 2005,gave preliminary approval to the proposal. 6. Forms of Documents Submitted. Forms of the following documents have been submitted to the City Council for approval or review: (a) The First Amendment to Loan Agreement; (b) The First Supplemental Indenture; (c) The Letter of Credit documents between the Bank and Company (not to be executed by the Issuer); (d) The First Amendment to Regulatory Agreement (not to be executed by the Issuer); (e) The Tax Compliance Agreement; 3 (f) The Purchase Agreement; (g) The draft Official Statement as the operative draft on the date hereof of the Official Statement(not to be executed by the issuer). 7. Findings. it is hereby found, determined and declared that: (a) the Project described in the Loan Agreement constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the federal Internal Revenue Code of 1986, as amended, and a "multifamily housing development" authorized by the Act, and furthers the purposes of the Act; (b) the findings and conclusions made by the Issuer in connection with the adoption of the Amended Program of the Issuer for the Project under the Act are hereby reaffirmed, including the provision of units at estimated initial rents which are designed to be affordable to persons and families of low and moderate income and other persons and families to the extent necessary in furtherance of a policy of economic integration; (c) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by financing or refinancing the acquisition, construction and equipping of a facility for use as a multifamily housing development designed primarily for occupancy by persons and families of low and moderate income and by other persons and families in furtherance of the policy of economic integration in accordance with the provisions of Minnesota Statutes, Sections 462C.05, subdivision 2 and 462A.02, subdivision 6; (d) the Project is to be located within the jurisdiction of the Issuer at a site which is easily accessible to employment opportunities, health facilities and other amenities within the City and the surrounding communities; (e) the Act authorizes (i) the acquisition and construction of the Project, (ii) the issuance and sale of the Bonds, (iii) the execution and delivery by the Issuer of the First Amendment to Loan Agreement, Tax Compliance Agreement, First Supplemental Indenture and Purchase Agreement, (iv) the performance of all covenants and agreements of the Issuer contained in the First Amendment to Loan Agreement, Tax Compliance Agreement, First Supplemental Indenture and Purchase Agreement, and (v) the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the First Amendment to Loan Agreement, Tax Compliance Agreement, First Supplemental Indenture, Purchase Agreement and Series 2005 Bonds valid and binding obligations of the Issuer in accordance with their terms; (f) it is desirable that the Series 2005 Bonds be issued by the Issuer upon the terms set forth in the First Supplemental Indenture and established pursuant to this resolution; (g) the payments under the Loan Agreement are established to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Series 2005 Bonds issued under the Indenture when due, and the Loan Agreement and the Indenture also provide that the Company is required to pay all 4 expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement and the Indenture; and (h) under the provisions of Section 462C.07 of the Act, and as provided in the Loan Agreement and the Indenture, the Series 2005 Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof, the Issuer is not subject to any liability thereon; no holder of any Series 2005 Bonds shall ever have the right to compel any exercise by the Issuer of its taxing powers to pay any of the Series 2005 Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the Issuer except the interests of the Issuer in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Series 2005 Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer except the interests of the Issuer in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Series 2005 Bonds shall recite that the Series 2005 Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the Issuer, the state or its political subdivisions, and that the Series 2005 Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Series 2005 Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory or home rule charter limitation of indebtedness. The Series 2005 Bonds are neither a moral or legal obligation nor an annual appropriation obligation of the Issuer. 8. Approval of Forms; Execution. Subject to the approval of the City Attorney and the officers authorized to execute such documents, and the provisions of Section 13 herein, the First Amendment to Loan Agreement, the First Supplemental Indenture and the Purchase Agreement, and exhibits thereto and all other documents listed in paragraph 6 hereof or otherwise necessary or appropriate to the transaction are approved (1), if submitted to this meeting, substantially in the forms submitted (except as otherwise provided for the Official Statement in paragraph 9 hereof) and (2), if not submitted to this meeting, in such forms as may be necessary or appropriate and approved by Bond Counsel. The Loan Agreement and the Indenture, in substantially the forms submitted, are directed to be executed in the name and on behalf of the Issuer by the Mayor and City Manager. Any other Issuer documents and certificates necessary or appropriate to the transaction described above shall be executed by the appropriate Issuer officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and the Indenture. 9. Official Statement. The Issuer has been presented with a draft of the Official Statement, which is to be completed and dated on or about the date of the delivery of and payment for the Series 2005 Bonds. The Issuer hereby consents to the presentation of information relating to the Issuer in the Official Statement under the caption "The Issuer". The Issuer hereby finds that the information in the sections of the Official Statement captioned "The Issuer" and "Absence of Material Litigation" do not contain any untrue statement of a material fact, and hereby approves in substantially the form submitted to the City Council at this meeting 5 such information for inclusion in the Official Statement; and the Issuer hereby ratifies, confirms and consents to the use of said sections in the Official Statement in connection with the sale of the Series 2005 Bonds. The Issuer has not prepared nor made any independent investigation of the information contained in the Official Statement other than the sections therein captioned "The Issuer" and "Absence of Material Litigation" and the Issuer takes no responsibility for such information. Subject to the statements above in this paragraph, the Issuer approves the form of the Official Statement and authorizes its use in connection with the sale of the Series 2005 Bonds. 10. Issuance; Acceptance of Offer. Subject to Section 1.3 hereof, the Issuer shall proceed forthwith to issue its Series 2005 Bonds, in the form and upon the terms set forth in the First Supplemental Indenture, including the years and amounts of maturities of the Series 2005 Bonds; provided that the amounts of maturities may be sinking fund installment amounts of term bonds if so specified by the Purchaser. The Bonds shall be in an amount not to exceed $3,000,000 for the Series 2005A Bonds and not to exceed $600,000 for the Series 2005B Bonds, or in a lesser amount if the Mayor and City Manager of the Issuer determine that a smaller amount is sufficient and is desirable. The Series 2005 Bonds shall bear interest at the variable rates established pursuant to the Indenture, but in no event shall the interest rate or rates exceed 8% for the Series 2005A Bonds or 8%for the Series 2005B Bonds. The offer of the Purchaser to purchase the Series 2005 Bonds for a sum equal to the par value (one hundred percent, 100%) of the aggregate principal amount thereof as reduced by any original issue discount, is hereby accepted, and the Mayor and City Manager of the Issuer are hereby authorized and directed to execute the Purchase Agreement when the principal amounts have been so established. The Mayor and City Manager of the Issuer and other officials are hereby authorized and directed to prepare and execute the Series 2005 Bonds as prescribed in the First Supplemental Indenture and to deliver them to the Trustee for authentication and delivery to the Purchaser. 11. Records and Certificates. The Mayor and City Manager and other officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of the Issuer relating to the Series 2005 Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality of the Series 2005 Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the truth of all statements contained therein. 12. Changes in Forms Approved;Absent and Disabled Officers. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the Issuer officials authorized herein to execute or accept, as the case may be, said documents; and said Issuer officials are hereby authorized to approve said changes on behalf of the Issuer. The execution of any instrument by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the event of absence or disability of the Mayor or City Manager, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the City Council by the Acting Mayor, or the 6 person authorized to act in the stead of the City Manager, respectively, or by such other officer or officers of the Issuer as, in the opinion of Bond Counsel, may act in their behalf. 13. Future Amendments. The authority to approve, execute and deliver future amendments to the documents described herein entered into by the Issuer in connection with the issuance of the Bonds and consents required under the documents described herein is hereby delegated to the Mayor and City Manager, subject to the following conditions: (a) such amendments or consents do not require the consent of the holders of the Bonds; (b) such amendments or consents to not materially adversely affect the interests of the Issuer; (c) such amendments or consents do not contravene or violate any policy of the Issuer; and (d) such amendments or consents are acceptable in form and substance to the counsel retained by the Issuer to review such amendments. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this Resolution. The execution of any instrument by the Mayor and City Manager shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the Mayor and City Manager, any instrument authorized by this paragraph to be executed and delivered may be executed by the officer of the Issuer authorized to act in their place and stead. 14. Headings; Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Indenture and the Loan Agreement. Passed by the City Council of the City of Eden Prairie, Minnesota, this 18'h day of October, 2005. CITY OF EDEN PRAIRIE, MINNESOTA Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk 7 STATE OF MINNESOTA HENNEPIN COUNTY I, the undersigned, being the duly qualified and acting City Clerk of the City of Eden Prairie, Minnesota (the "City"), DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of approximately $3,000,000 Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2005A, and approximately $600,000 Taxable Variable Rate Demand Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates I, Limited Partnership Project), Series 2005B by the City. WITNESS my hand and the seal of the Authority this day of 12005. City Clerk (SEAL) 8 EXHIBIT A AMENDED FINANCING PROGRAM FOR THE ACQUISITION AND CONSTRUCTION OF A MULTIFAMILY HOUSING FACILITY This financing program amends and restates the financing program developed in connection with the Project(described below) and previously approved by the City of Eden Prairie,Minnesota (the"City") on April 16,2002: Pursuant to Minnesota Statutes, Chapter 462C (the "Act'), the City of Eden Prairie, Minnesota (the "City") is authorized to undertake housing development projects and to issue its revenue bonds for the financing and refinancing of housing development projects. The City proposes to loan the proceeds of revenue bonds to finance the acquisition and construction by Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership (the "Borrower"), of the multifamily housing facility as more fully described in Appendix A attached hereto (the "Project'). Minnesota Statutes, Chapter 462C requires the adoption of a housing program following a public hearing as required prior to the issuance of housing revenue bonds or other obligations under Chapter 462C. The City intends that financing of the Project may be provided through any one or more of the following: (a) the issuance of up to $27,500,000 in one or more series of tax-exempt and taxable housing development bonds of the City (the `Bonds") secured by the Project financed and refinanced therefrom; and (b) the making or entering into any contracts, agreements, reimbursement agreements, mortgages, assignments, security agreements, guarantees, or similar agreements or instruments as may be necessary in connection with accomplishing the purposes set forth in the Program. The amount of financing and refinancing for the Project is not expected to exceed $27,500,000. The Project will be owned and operated by the Borrower as a qualified multifamily residential rental project. Rents anticipated to be collected for the various units in the Project are anticipated to be as set forth in Appendix A. The City, in financing and refinancing the Project, has determined that financing and refinancing the Project is in the best interest of the public health, safety and welfare of the people of the City of Eden Prairie, Minnesota. Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Housing Unit" shall mean any one of the apartments located in the Project, occupied by one or more persons or a family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated as more fully described in Appendix A attached hereto. "Program" shall mean this program for the financing and refinancing of the Project. A-1 Section B. Program for Financing and Refinancing the Project. The City is establishing this Program to provide financing and refinancing for acquisition and construction of the Project, by the Borrower, at such cost and upon such other terms and conditions as may be determined by the City in accordance with the Act. The City expects to issue up to $27,500,000 of one or more series of taxable and tax-exempt Bonds to finance and refinance the Project under the Program. The proceeds of the Bonds will be loaned to the Borrower and applied to finance or refinance (as the case may be) the acquisition of the Land, construction and equipping of the Project, to fund required reserves and to pay the costs of issuing the Bonds. It is anticipated that any Bonds issued under this Program shall have a maturity of approximately thirty-five (35) years or less and will bear interest at a rate of approximately, but not to exceed, 8.5% per annum with respect to tax-exempt bonds and 9.0% per annum with respect to taxable bonds; however, the Bonds will, of course, be priced to the market at the time of issuance. Section C. Local Contributions to the Program. The Borrower has also requested assistance from the City in the form of tax increment financing and a Community Development Block Grant. The Borrower may also request HOME funds from the Minnesota Housing Finance Agency ("MHFA"), a Super RFP from MHFA and waiver of certain SAC and WAC fees from the Metropolitan Council. Section D. Standards and Requirements Relating to the Financing and Refinancing of the Project Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the City and the Borrower: (1) The Borrower will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance or disability. (2) The Project will be constructed in accordance with applicable zoning ordinances or other applicable land use regulations, including the State Building Code as set forth under Minnesota Statutes, Section 16.83, et seq. (3) The affordability standards and set-aside requirements of Section 462C.05, Subdivision 2 of the Act, and the requirements of Minnesota Statutes, Chapter 474A and Section 142(d) of the Internal Revenue Code of 1986, as amended, will be met_ Section E. Issuance of Bonds. To finance and refinance the Project pursuant to this Program, the City expects to issue its taxable and tax-exempt bonds in a principal amount not to exceed $27,500,000 in the aggregate, in any calendar year secured by the Project and other moneys pledged to the payment of such Bonds. The cost of the Project is presently expected not to exceed $36,000,000. The cost of the Project may change between the date of preparation of this Program and the date of making of construction loans or issuance of Bonds for such Project. A-2 Section F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Section H. State Ceiling. Up to $26,500,000 of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, and Chapter 474A of Minnesota Statutes,will be used with respect to the Bonds A-3 APPENDIX A Estimated Estimated Anticipated Location Financing Units (188 total) Initial Needs Rents Northwest corner of $27,500,000 4—Studio $623 Valley View Road 67— 1 Bdrm $653-1,127 and Flying Cloud 4— 1 Bdrm +Den $1,196 Drive 22—2 Bdrm/1 Bath $934-$1,261 75—2 Bdrm/2 Bath $1,444 4—2 Bdrm/2 '/z Bath $2,100 12—2 Bdrm+Den $2,308 015492/202837 396118_2 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 18, 2005 DEPARTMENT/DIVISION: 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 145433 - 145852 Wire Transfers 2329 - 2337 City of Eden Prairie Council Check Summary 10/18/2005 Division Amount General 29,955 100 City Manager 538 101 Legislative 8,440 102 Legal Counsel 49,628 104 Contingency 2,125 110 City Clerk 321 ]I] Customer Service 1,556 112 Human Resources 1,663 113 Communication Services 11,581 114 Benefits&Training 452 116 Facilities 38,239 117 City Center 108,602 130 Assessing 306 131 Finance 1,024 133 Planning 121 134 Heritage Preservation 132 135 Information Technology 8,066 136 Wireless Communication 696 137 Economic Development 1,593 138 Community Development Admin. 130 150 Park Administration 6,862 151 Park Maintenance 19,431 153 Organized Athletics 5,609 154 Community Center 3,827 156 Youth Programs 22,200 157 Special Events 156 158 Adult Recreation 6,512 159 Recreation Administration 324 160 Therapeutic Recreation 95 161 Oak Point Pool 12 162 Arts 600 163 Outdoor Center 2,490 164 Park Rental Facilities 1,420 180 Police 8,471 183 Emergency Preparedness 14 184 Fire 4,412 185 Animal Control 316 200 Engineering 1,377 201 Street Maintenance 72,971 202 Street Lighting 54,685 203 Fleet Services 58,082 301 CDBG 23,102 303 Cemetary Operation 258 309 DWI Forfeiture 2,800 315 Economic Development 18,802 316 WAFTA 20,635 416 Certificate Debt Fund 6,329 425 Bldg Refunding Bonds 2004 5,889 502 Park Development 6,391 503 Utility improvement 11,000 506 Improvment Bonds 1996 2,101 507 Construction Fund 493,943 509 CIP Fund 302,244 511 Construction Fund 247,070 515 Fire Station#4 24,731 516 ADC PROJECT 1,000,517 601 Prairie Village Liquor 78,074 602 Den Road Liquor 122,670 603 Prairie View Liquor 66,342 605 Den Road Building 19,582 701 Water Fund 117,579 702 Sewer Fund 214,077 703 Storm Drainage Fund 12,017 803 Escrow Fund 10,816 807 Benefits Fund 244,583 Report Totals 3,586,587 City of Eden Prairie Council Check Register 10/18/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2329 12,083 ICMA RETIREMENT TRUST457 Deferred Compensation General Fund 2330 1.5,208 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2331 76,866 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2332 26,656 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2333 115 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2334 134,314 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2335 698 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2336 6,329 ANCHOR BANK Interest $890,000 G.O.Cert.of Indebt 2337 5,889 ANCHOR BANK Interest Bldg Refunding Bonds 2004 145433 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 145434 360 B&B ASSOOCIATES/CRYSTAL Conference Expense General Facilities 145435 2,646 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 1.45436 266 BIFFS INC Waste Disposal Park Maintenance 145437 345 BIRD,JAMES Parking Permits Parking 145438 38 CARLON,SHIRLEY Program Fee Red Hat 145439 116 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 145440 210 ERHARD,ANN Riley-Jacques Bam Park Facilities 145441 45 ESBENSEN,GEORGE Operating Supplies Fire 145442 70 FAUST,ERIC Open Fees Ice Arena 145443 454 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 145444 25 FOLSON HOME SERVICES Operating Supplies Senior Center Administration 145445 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 145446 105 HENNEPIN COUNTY TREASURER Other Contracted Services Park Maintenance 145447 100 HENNEPIN COUNTY TREASURER Miscellaneous Community Development Admin. 145448 90 HYLLAND,SHERRI Staring Lake Bldg Park Facilities 145 449 55 JARVIS,JEAN Program Fee Fall Skill Development 145450 16 KELLEY,PAUL Program Fee Outdoor Center 145451. 157 KHADILKAR,HARSHAD Mileage&Parking Tennis 145452 59 KLEYNHANS,KATHERINE Lessons&Classes Ice Arena 145453 111 MINNESOTA DEPARTMENT OF TRANSP Operating Supplies Engineering 145454 20 MOE,HEIDI Program Fee Outdoor Center 145455 11 NUCO2 INC Chemicals Pool Maintenance 145456 134 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 145457 1.80 QWEST Telephone Sewer Liftstation 145458 90 ROY,SONJA RITCHIE Operating Supplies Police 145459 375 SCHMIT TOWING INC Tuition Reimbursement/School Fire 145460 54 SHIELD FIRE PROTECTION INC Cash Over/Short General Fund 145461 2,706 SOUTHWEST SUBURBAN CABLE COMM] Dues&Subscriptions City Council 145462 16 SPINNER,LAURIE Program Fee Outdoor Center 145463 5,935 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 145464 14 STAR TRIBUNE Dues&Subscriptions Den Road Liquor Store 145465 72 SUMMIT FIRE PROTECTION Cash Over/Short General Fund 145466 135 TIME WARNER CABLE Dues&Subscriptions City Clerk 145467 10 ULI-THE URBAN LAND INSTITUTE Conference Expense City Council 145468 50 VALENZUELA,TRISHA Program Fee Fall Skill Development 145469 120 WALSH,RICHARD Outdoor Center Park Facilities 145470 130 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 145471 150 CAMPOS,LORI Instructor Service Outdoor Center 145472 538 EKLOF DOCKS Other Contracted Services Park Maintenance 145473 8,856 ELAN FINANCIAL SERVICES Operating Supplies Classes/Programs/Events 145474 20,635 ENSR Other Contracted Services WAFTA 145475 375 HICKEY,CLAIRE Right of Way&Easement Improvement Projects 1996 145476 531 JOHNSON,PAUL Right of Way&Easement Improvement Projects 1996 145477 496 KENNEDY&GRAVEN C14ARTERED Right of Way&Easement Improvement Projects 1996 145478 63 KESTER,EVELYN Program Fee Red Hat 145479 208 ONCE UPON A STAR Instructor Service Preschool Events 145480 386 QWEST Telephone Outdoor Center 145481 333 RICHARDSON,JIM Conference Expense Engineering 145482 155 SCOTT COUNTY Deposits Escrow 145483 20,954 SKYHAWKS SPORTS ACADEMY instructor Service Athletics 1.45484 12 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 145485 700 TRAILS ASSOCIATION,THE Right of Way&Easement Improvement Projects 1996 145486 4,822 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council Check# Amount Vendor/Explanation Account Description Business Unit 145487 952 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 145488 419 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 145489 181 AMERIPRIDE LiNEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 145490 194 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 145491 3,362 BELLBOY CORPORATION Liquor Den Road Liquor Store 145492 1,081 D'VINE WINE DISTRIBUTORS Wine Domestic Prairie Village Liquor Store 145493 8,909 DAY DISTRIBUTING Beer Den Road Liquor Store 145494 5,061 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 145495 6,617 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 145496 643 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 145497 14,445 GRIGGS COOPER&CO Liquor Den Road Liquor Store 1.45498 1,832 HOHENSTEINS INC Beer Prairie Village Liquor Store 145500 26,051 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 145501 361 M AMUNDSON Misc Non-Taxable Prairie Village Liquor Store 145502 17,051 MARK VIi Beer Den Road Liquor Store 145503 647 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 145504 361 MORAN USA,LLC Misc Taxable Den Road Liquor Store 145505 1,241 NEW FRANCE WiNE COMPANY Wine Domestic Den Road Liquor Store 145506 4,155 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 145507 8,953 PHiLLiPS WiNE AND SPIRITS INC Wine Domestic Den Road Liquor Store 145508 4,646 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 145509 19,976 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 145510 143 SPECIALTY WINES AND BEVERAGES Wine Domestic Den Road Liquor Store 145511 14,223 THORPE DISTRIBUTING Beer Den Road Liquor Store 1.45512 388 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 145513 2,747 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 145514 2,624 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 145515 180 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 145516 446 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 145517 632 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 145518 20 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie Village Liquor Store 145519 11,000 COMMISSIONER OF TRANSPORTATION Design&Engineering Utility Improvement Fund 145520 100 FEDEX Postage Information Technology 145521 447 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 145522 198 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 145523 100 LEAGUE OF MINNESOTA CITIES Conference Expense Park Maintenance 145524 138 LiDDELL,TONY R. Tuition Reimbursement/School Fire 145525 59 MENARDS Repair&Maint.Supplies Storm Drainage 145526 50 MINNETONKA,CITY OF Conference Expense Information Technology 145527 30 MPSA Conference Expense Park Maintenance 145528 385 PETTY CASH Mileage&Parking Economic Development 1.45529 568 SPRINT Software and Hardware information Technology 145530 66 STATEWIDE GAS SERVICES Mechanical Permits General Fund 145531 21125 URAM,DONALD Miscellaneous Reserve 145532 384 WAHLEN,RICK Travel Expense Water Utility-General 145533 66,549 XCEL ENERGY Electric Traffic Signals 145534 200 SEATON,ROBYN Petty Cash&Change Funds General Fund 145535 23 CENTERPOINT ENEGY Gas Miller Park 145536 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 1,45537 26 DOSTAL,DAN Repair&Maint.Supplies Fire 145538 12 ENGH,DANA Lessons&Classes Oak Point Lessons 145540 1,711 GENUINE PARTS COMPANY Repair&Maint.Supplies Storm Drainage 145541 86 GERTZ,JOHN Building Repair&Maint. Heritage Preservation 145542 150 HOLMER,SARAH Other Contracted Services Arts Initiative 145543 12 KRAEMERS HARDWARE INC Equipment Parts Fleet Services 145544 299 LORMAN EDUCATION SERVICES Conference Expense Human Resources 145545 884 METRO SALES INCORPORATED* Other Rentals General 145546 1,687 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 145547 200 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water Utility-General 145548 40 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Utility-General 145549 2,740 MRPA Conference Expense Parks Administration 145550 200 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 145551 100 SCHULKE,REED Other Contracted Services Arts Initiative 145552 202 SHEGGEBY,MICHAEL Mileage&Parking Community Center Maintenance 145553 250 SMITH,SHELLEY Other Contracted Services Arts Initiative 145554 400 SOLEE,LAVERNE Other Contracted Services Health and Fitness 145555 393 TAYLOR,SCOTT Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit 145556 60 TCALMC Conference Expense Water Utility-General 145557 113 TOTAL REGISTER Operating Supplies Prairie Village Liquor Store 145558 54,460 XCEL ENERGY Electric Water Treatment Plant 145559 527 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 145560 6 BALOGH,MYRTLE Program Fee Red Hat 145561 15 BINO,SUSAN Program Fee Red Hat 145562 6 COULING,DIANE Program Fee Red Hat 145563 6 DAHL,GAYLE Program Fee Red Hat 145564 6 DOVER,RUTH Program Fee Red Hat 145565 6 DUVICK,LOTS Program Fee Red Hat 145566 6 HAGEN,MAIJA Program Fee Red Hat 145567 6 HENDRICKS,GAIL Program Fee Red Hat 145568 6 HENRY,ARLENE Program Fee Red Hat 145569 42 IMATION IMAX THEATRE Special Event Fees Trips 145570 6 KISCH,JOANNE Program Fee Red Hat 145571 6 KOVALA,CAROL Program Fee Red Hat 145572 23 LANE,SUE Memberships Community Center Admin 145573 34 LITTLEPAGE,MONICA Lessons&Classes Ice Arena 145574 6 MCKINNEY,MARY Program Fee Red Hat 145575 109 MERLINS ACE HARDWARE Supplies-Electrical Community Center Maintenance 145576 6 MILES,SHARON Program Fee Red Hat 145577 82 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 145578 306 OFFICE DEPOT Operating Supplies Ice Arena 145579 6 OLSEN,CAROL Program Fee Red Hat 1.45580 6 PARRIS,PAT Program Fee Red Hat 145581 6 PAULSEN,CAROLE Program Fee Red Hat 145582 334 PETTY CASH-POLICE DEPT Travel Expense Police 145583 29 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 145584 6 PUTNAM,PAT Program Fee Red Hat 145585 2,632 QWEST Telephone Prairie Village Liquor Store 145586 200 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 145587 6 RUMFORD,JOAN Program Fee Red Hat 145588 6 SCHUG,DIANA Program Fee Red Hat 145589 12 SHIMANSKI,BERMA Program Fee Red Hat 145590 6 SINKS,PHYLLIS Program Fee Red Hat 145591 6 SKELLY,DOROTHY Program Fee Red Hat 145592 6 SNEER,SUSAN Program Fee Red Hat 145593 6 STALLINGS,MARTHA Program Fee Red Hat 145594 6 SWEETMILK,RENEE Program Fee Red Hat 145595 6 TRUTNA,TONT Program Fee Red Hat 145596 6 WARFIELD.MARGARET Program Fee Red Hat 145597 6 WENZEL,ELTNOR Program Fee Red Hat 145598 257 A MEYER'S ENTERPRISES INC instructor Service Outdoor Center 145599 20 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Den Road Liquor Store 145600 155 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 145601 200 BOLD,PAULINE instructor Service Outdoor Center 145602 200 CAMPOS,LORI Instructor Service Outdoor Center 145603 30 CARTWRIGHT,HELENE Program Fee Health and Fitness 145604 1,890 CENTERPOINT ENEGY Gas Water Treatment Plant 145605 3,920 CENTURYTEL Telephone Telephone 145606 27 CITY OF ST MICHAEL Conference Expense Finance 145607 84 COMEDYSPORTZ Special Event Fees Leisure Education 145608 31 CULLIGAN-METRO Other Contracted Services Outdoor Center 145609 176 DMX/MINNEAPOLTS Other Contracted Services Den Road Liquor Store 145610 740 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 145611 100 ERICKSON,DEBORAH Other Contracted Services Arts Initiative 145612 2,052 FLAIR FOUNTAINS 02 Improvements to Land Park Acquisition&Development 145613 100 FOX,STU Instructor Service Outdoor Center 145614 107 GIRARD'S BUSINESS SOLUTIONS IN Other Contracted Services Finance 145615 46,684 GREGERSON ROSOW JOHNSON&NTLA Legal Legal Criminal Procecution 145616 10,261 HENNEPIN COUNTY Deposits Escrow 145617 40 HENNEPIN COUNTY TREASURER Operating Supplies Planning 145618 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning 145619 24,234 HENNEPIN COUNTY TREASURER Licenses&Taxes Fire Station#4 145620 17,933 HENNEPIN COUNTY TREASURER Licenses&Taxes Den Road Building 145621 75,405 HENNEPIN COUNTY TREASURER Licenses&Taxes City Ctr-Tenant Direct Costs 145622 102 KRESS,CARLA Travel Expense Parks Administration Check# Amount Vendor/Explanation Account Description Business Unit 145623 295 LERN Dues&Subscriptions Recreation Administration 145624 160 LMHRC Conference Expense City Council 145625 38 MARQUARDT,ESTHER Program Fee Red Hat 145626 2,800 MAVISON,RICHARD Operating Supplies DWI Forfeiture 145627 761 OLD LOG THEATER Special Event Fees Trips 145628 402 OTTERNESS,RON Instructor Service Outdoor Center 145629 74 PETTY CASH-EPCC Mileage&Parking Community Center Maintenance 145630 668 PLYMOUTH PLAYHOUSE Special Event Fees Red Hat 145631 18 STATE OF MINNESOTA Operating Supplies Fleet Services 145632 38 STIKA,EVELYN Program Fee Red Hat 145633 508 US POSTMASTER-HOPKINS Postage Senior Center Administration 145634 204 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 145635 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 145636 142 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 145637 5,650 BELLBOY CORPORATION Misc Taxable Prairie View Liquor Store 1.45638 6,439 DAY DISTRIBUTING Beer Prairie View Liquor Store 145639 3,857 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 145640 11,320 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 145641 128 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 145642 302 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 145643 238 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 145644 6,958 GRIGGS COOPER&CO Liquor Den Road Liquor Store 145645 799 HOHENSTEINS INC Beer Den Road Liquor Store 145647 22,319 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 145648 7,979 MARK VTT Beer Prairie Village Liquor Store 145649 319 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 145650 799 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 145651 2,072 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 1.45652 13,538 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 145653 2,380 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 145654 11,035 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 145655 442 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 145656 13,807 THORPE DISTRIBUTING Beer Den Road Liquor Store 145657 568 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 145658 1,931 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 145659 900 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 145660 149 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 145661 455 ACTIVAR Equipment Parts Water Treatment Plant 145662 431 ALPHA VIDEO& AUDIO INC Video&Photo Supplies Communication Services 145663 787 ALTERNATIVE BUSINESS FURNITURE Office Supplies CDBG Fund 145664 1,949 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 145665 868 AMSAN BRISSMAN-KENNEDY Supplies-General Bldg Community Center Maintenance 145666 306 ANCHOR PRINTING COMPANY Printing Assessing 145667 179 AOT ELECTRICAL INC Equipment Parts Fleet Services 145668 770 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services Water Treatment Plant 145669 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 1.45670 225 ASPHALT MAINTENANCE CO Contract Svcs-Fire/Life/Safe Park Shelters 145671 1,301 AUDIOVISUAL INC Video&Photo Supplies Communication Services 145672 83 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 145673 134 BARNES,BELINDA A. Other Contracted Services Volleyball 145674 303 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 145675 256 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 145676 1,208 BENTEK PROPERTY SERVICES INC. Contract Svcs-Asphalt/Concr. City Hall-CAM 145677 831 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 145678 112,515 BITUMINOUS ROADWAYS INC Improvements to Land Capital Impr./Maint.Fund 145 679 1,358 BONESTROO ROSENE ANDERLT K&AS Other Contracted Services Storm Drainage 145680 163 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 145681 804 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 145682 1,176 BUCK,NATHAN Other Contracted Services Softball 145683 3,585 CARLSON&SOLDO,PLLP Legal Legal Council 145684 581 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Services 145685 3,698 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 145686 277 CLAREYS INC Operating Supplies Den Road Liquor Store 145687 872 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 145688 3,241 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 145689 1,244 CORPORATE EXPRESS Office Supplies Police 145690 766 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Sewer System Maintenance C!ic.ck# Amount Vendor/Explanation Account Description Business Unit 145691 31 CROWN MARKING INC Office Supplies Police 145692 191 CUMMINS NPOWER LLC Equipment Parts Fleet Services 145693 15,490 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 145694 330 CY'S UNIFORMS Clothing&Uniforms Reserves 145695 371 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 145696 791 DELL Other Hardware Information Technology 145697 250 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 145698 22,901 DIVERSE BUILDING MAINTENANCE Pager&Cell Phone Water Utility-General 145699 17,467 DRT TRANSPORT Other Contracted Services Lime Sludge 145700 242 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair 145701 3,532 EARL F ANDERSEN INC Repair&Maint.Supplies Water System Maintenance 145702 2,013 ECOLAB INC Contract Svcs-Pest Control Park Shelters 145703 975 EMPLOYERS ASSOCIATION INC Tuition Reimbursement/School Police 145704 2,945 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 145705 761 ERGOMETRICS Employment Support Test Human Resources 145706 236 ESCHELON TELECOM INC Other Contracted Services Telephone 145707 109 ESS BROTHERS&SONS Repair&Maint.Supplies Water System Maintenance 145708 11,335 FAIRWAY WOODS ASSOCIATION Other Contracted Services Rehab 145709 428 FALCK,TIMOTHY R Other Contracted Services Softball 145710 250 FASTSIGNS Operating Supplies Police 145711 4,339 FLAIR FOUNTAINS 02 Other Assets Park Acquisition&Development 145712 957 FLEET MAINTENANCE INC Capital Under$2,000 Fleet Services 145713 102 G&K SERVICES Clothing&Uniforms Community Center Admin 145714 975 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 145715 204 GE CAPITAL Other Rentals General 145716 106 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 145717 53 GINA MARIAS INC Operating Supplies Reserves 145718 957 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 145719 1,224 GRAINGER Small Tools General Facilities 145720 149 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 1.45721 853 GS DIRECT Operating Supplies Engineering 145722 656 HACH COMPANY Operating Supplies Water Treatment Plant 145723 208 HALL,DERRECK Other Contracted Services Volleyball 145724 1,158 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development 145725 37,266 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 145726 2,929 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 145727 126 HENRY,PAUL Other Contracted Services Softball 145728 1,668 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 145729 308 HOLMES,TOM Other Contracted Services Softball 1.45730 592 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 145731 3,934 ICERINK SUPPLY CO Contract Svcs-ice Rink Ice Arena Maintenance 145732 1,173 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance 145733 80 IND SCHOOL DIST 272 Gym Rental Volleyball 145734 140 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 145735 5,525 INFRARED CONSULTING SERVICES I Other Contracted Services Capital Jmpr./Maint.Fund 145736 608 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 145737 535 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Services 145738 181 INTOXfMETERS Operating Supplies Police 145739 107 ITL PATCH COMPANY INC Clothing&Uniforms Police 145740 160 ITS A KEEPER Other Contracted Services City Manager 145741 199 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 145742 801 JANEX INC Cleaning Supplies Community Center Maintenance 145743 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 145744 316 KNUTSON,BRAD Other Contracted Services Softball 145745 179 KUSTOM SIGNALS INC Equipment Repair&Maint Police 145746 302 LAB SAFETY SUPPLY INC Supplies-Fire/Life/Safety City Hall-CAM 145747 195 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks 145748 38,983 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 145749 2,364 LANO EQUIPMENT INC Other Rentals Street Maintenance 145750 249,049 LA VAN FLOOR COVERING Building Capital Impr./Maint.Fund 145751 210 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 145752 1,380 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 145753 1,500 MARKETLINE RESEARCH INC Other Contracted Services Economic Development 145754 287 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 145755 88 MAXI-PRINT INC Printing Police 145756 517 MENARDS Operating Supplies Street Maintenance 145757 105 METRO ATHLETIC SUPPLY Landscape Materials/Supp Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 145758 863 METRO PRINTING Printing Tree Disease 145759 282 METRO SALES INCORPORATED* Office Supplies Police 145760 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 145761 8,443 METROPOLITAN FORD Equipment Parts Fleet Services 145762 984 MiCHELAU,JOHN Other Contracted Services Softball 145763 252,165 MIDWEST ASPHALT CORPORATION improvement Contracts Construction Fund 1.45764 4,550 MIDWEST DESIGN CO Other Contracted Services Communication Services 145765 1,385 MIDWEST PLAYSCAPES Landscape Materials/Supp Round Lake 145766 773 MIDWEST SiGN&SCREEN PRINTING Operating Supplies Traffic Signs 145767 74 MINN OFFICE OF ENTERPRISE TECH Software Maintenance information Technology 145768 375 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 145769 30 MiNNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fleet Services 145770 153 MiNNESOTA GLOVE INC Safety Supplies Fleet Services 145771 211 MiNNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 145772 277 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Riley Lake 145773 378 MITY-LITE INC Operating Supplies Furniture 145774 1,891 MTi DISTRIBUTING INC Equipment Parts Fleet Services 145775 433 NATIONAL WATERWORKS Merchandise for Resale Water Meter Reading 145776 574 NEUMANN,NEAL Other Contracted Services Softball 145777 637 NEXT DAY GOURMET Operating Supplies ice Arena 145778 1,518 NORTHERN DEWATERING INC Other Rentals Storm Drainage 145779 155 NORTHERN SAFETY TECHNOLOGY INC Equipment Repair&Maint Fleet Services 145780 82 NORTHERN TOOL Repair&Maint.Supplies Storm Drainage 145781 2,112 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage 145782 65 NUCO2INC Chemicals Pool Maintenance 145783 66 OLSEN COMPANIES Repair&Maint.Supplies Stormwater Liftstation 145784 688 PANNIER Repair&Maint.Supplies Richard T.Anderson Cons.Area 145785 22 PAPER DIRECT INC Office Supplies General 145786 961,534 PARK CONSTRUCTION Improvement Contracts ADC PROJECT 145787 810 PC MALL Miscellaneous Information Technology 145788 678 PEPSI COLA COMPANY Merchandise for Resale Concessions 145789 2,977 PERNSTEINER CREATIVE GROUP INC Printing Park Facilities 145790 76 PETSMART Canine Supplies Police 145791 451 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance 145792 11,124 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Bldg.-CAM 145793 303 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 145794 1,070 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 145795 102 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 145796 404 QUALITY FLOW SYSTEMS INC Repair&Maint.Supplies Sewer Liftstation 145797 393 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 145798 625 RAY,LEE Other Contracted Services Softball 145799 156 REED BUSINESS INFORMATION Legal Notices Publishing Capital Impr./Maint.Fund 145800 103 ROOT 0 MATIC Contract Svcs-Plumbing Community Center Maintenance 145801 64 S&S WORLDWIDE Recreation Supplies Youth Programs Administration 145802 806 SEARS COMMERCIAL ONE Capital Under$2,000 Community Center Maintenance 145803 1,738 SHANNON CHEMICAL CORPORATION Chemicals Water Treatment Plant 145804 532 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 145805 408 SHIRTS PLUS Clothing&Uniforms Police 145806 65 SHRED-IT Waste Disposal City Center Operations 145907 1,068 SIGNAL SYSTEMS INC. Miscellaneous Information Technology 145808 293 SiGNSOURCE Video&Photo Supplies Communication Services 145809 1,389 SIMPLEXGRiNNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance 145810 493,943 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 145811 358 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 145812 591 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 145813 6,239 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin 145814 1,102 SPECTRACOM CORPORATION Other Hardware Information Technology 145815 123 SPS COMPANIES Supplies-Plumbing City Hall-CAM 145816 18,618 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 145817 179 ST CROIX RECREATION CO INC Repair&Maint.Supplies Staring Lake 145818 70 STEWART D WALKER INC Supplies-General Bldg Ice Arena Maintenance 145819 252 STORMS,SARAH Other Contracted Services Volleyball 145820 111 STRAND MANUFACTURING CO INC Equipment Repair&Maint Sewer Liftstation 145821 2,626 STREICHERS Training Supplies Police 145822 1,952 STS CONSULTANTS LTD Other Contracted Services Planning&Development 145823 1,009 SUBURBAN CHEVROLET Equipment Parts Fleet Services 145824 387 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 145825 250 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 145826 186 SUN NEWSPAPERS Legal Notices Publishing City Clerk 145827 330 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 145828 108 TAHER INC CATERING Other Contracted Services Communication Services 145829 654 TESSCO Operating Supplies Wireless Communication 145830 167 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator City Hall-CAM 145831 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 1,45832 3,277 TRANS ALARM INC Building Repair&Maint. Water Treatment Plant 145833 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 145834 765 TWIN CITY FILTER.SERVICE INC Repair&Maint.Supplies Water Treatment Plant 145835 320 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 145836 1,223 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1.45837 118 UNIFORMS UNLIMITED Clothing&Uniforms Police 145838 1,480 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Park Shelters 145839 133 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 145840 367 USA BLUEBOOK Office Supplies Water Treatment Plant 145841 2,498 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 145842 1,065 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 145843 289 VIKING INDUSTRIAL.CENTER Operating Supplies Park Maintenance 145844 398 VOIGHT,JEFF Other Contracted Services Softball 145845 259 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 145846 10,945 VRV BUILDERS Other Contracted Services Rehab 145847 175 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 145848 731 WATSON CO INC,THE Merchandise for Resale Concessions 145849 2,489 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Community Center Maintenance 145850 536 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage 145851 13,908 YALE MECHANICAL INC Contract Svcs-HVAC City Center Operations 145852 17 ZIEGLER INC Equipment Parts Fleet Services 3,586,587 Grand Total