HomeMy WebLinkAboutCity Council - 12/05/2005 AGENDA
JOINT MEETING OF THE EDEN PRAIRIE CITY COUNCIL
AND EDEN PRAIRIE CHAMBER OF COMMERCE
OPEN FORUM/OPEN PODIUM
MONDAY,DECEMBER 5,2005 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
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. CURRENT AFFAIRS AT THE CHAMBER
A. CHAMBER BOARD MEMBERS—CURRENT AND 2006
B. GROWTH IN CHAMBER MEMBERSHIP
C. COMPOSITION OF CHAMBER MEMBERSHIP
II. CITY PARTICIPATION IN THE CHAMBER
A. COUNCILMEMBER AND EMPLOYEE PARTICIPATION
III. CHAMBER DISCUSSION ITEMS
A. POSITIONSASSUES
1. Vikings Stadium
2. Flying Cloud Airport
3. Farmer's Market
4. Transportation Advocacy
5. Healthcare Costs
B. PROGRAMS
1. Leadership Eden Prairie
2. Home,Landscape and Garden Expo
3. Maps
IV. CITY DISCUSSION ITEMS
A. MCA FEEDBACK AND SURVEY RESPONSES
B. CONVENTION & VISITOR'S BUREAU
C. REDEVELOPMENT IN EDEN PRAIRIE
D. CHAMBER ROLE IN ECONOMIC DEVELOPMENT
Council Chamber
II. OPEN FORUM
A. FLAG POLICY—JOHN MALLO
B. HISTORIC PRESERVATION—JAN MOSMAN
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING &
TRUTH-IN-TAXATION HEARING
MONDAY,DECEMBER 5,2005 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
IV. CIP PUBLIC HEARING
At 7:30 p.m. the Council Meeting will be adjourned to hold the Truth-in-Taxation Hearing.
V. TRUTH-IN-TAXATION PUBLIC HEARING
The Council Meeting will be reopened at the conclusion of the Truth-in-Taxation Hearing.
VII. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 15,2005
B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 15,2005
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. EDENVALE HIGHLANDS 2ND by Calhoun Development. Second Reading of
the Planned Unit Development District Review with waivers on 22.7 acres;
Zoning District Change from Rural to R1-13.5 on 22.7 acres. Location: 15598
Michele Lane. (Ordinance for PUD District Review with waivers and Zoning
District Change)
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE PRESERVE
AT EDENVALE
CITY COUNCIL AGENDA
December 5, 2005
Page 2
D. APPROVE CHANGE ORDER NO. 1 FOR THE COLUMBINE ROAD
PROJECT,I.C. 52-130
E. ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR
BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES
F. ADOPT RESOLUTION RELATING TO $4,920,000 GENERAL
OBLIGATION BONDS, SERIES 2005c AND TO $8,425,000 GENERAL
OBLIGATION BONDS SERIES 2006A
G. APPROVE THE LATE PICK UP POLICY FOR PARKS AND
RECREATION PROGRAMS
IX. PUBLIC HEARINGS/MEETINGS
A. EDEN VIEW ESTATES by Insignia Development, LLC. First Reading of the
Ordinance for Planned Unit Development District Review with waivers and
Zoning District Amendment in the Rural Zoning District on 8.00 acres;
Resolution for Planned Unit Development Concept Review on 8.00 acres;
Resolution for Preliminary Plat on 8.00 acres. Location: 17650 Flying Cloud
Drive. (Ordinance for PUD District Review with waivers and Zoning District
Change; Resolution for PUD Concept Review; Resolution for Preliminary
Plat)
B. DOUGHTY ADDITION by Baton Building Company. First Reading of the
Ordinance for Zoning District Change from Rural to R1-13.5 on 1.06 acres and
Preliminary Plat of 1.06 acres into two lots and right-of-way. Location: 13200
Roberts Drive. (Ordinance for Zoning District Change and Resolution for
Preliminary Plat)
C. PIONEER TRAIL IMPROVEMENTS,I.C. 04-5631
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE ESTABLISHING A FLYING
CLOUD AIRPORT COMMISSION
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
CITY COUNCIL AGENDA
December 5, 2005
Page 3
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
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
CITY COUNCIL AGENDA DATE:
SECTION: December 5, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.
Sue Kotchevar, Office of the Resolution Approving the 2006 to 2010
City Manager/Finance Capital Improvement Plan
Requested Action
Move to:
• Close the public hearing; and
• Adopt Resolution approving the 2006 to 2010 Capital Improvement Plan
Synopsis
In 2003,the Minnesota legislature passed Minnesota Statute 475.521, which allows cities to
issue bonds under a qualified capital improvement plan. Bonds may be issued for the acquisition
or betterment of public lands, buildings or other improvements for the purpose of a city hall,
public safety facility, and public works facility. The law requires a public hearing and council
adoption of the plan. Also, it is a good management practice to prepare and adopt a capital
improvement plan.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2005-
A RESOLUTION ADOPTING THE 2006 TO 2010 CAPITAL IWROVEMENT PLAN
WHEREAS, during the course of the preparation and review of the 2006 to 2010
Capital Improvement Plan(the CIP)the City Council (the Council) of the City of Eden Prairie,
Minnesota(the City)has considered, for each capital improvement and for the CIP overall:the
condition of the City's existing infrastructure, including the projected need for repair or
replacement;the likely demand for the improvement;the estimated cost of the improvement;the
available public resources;the level of overlapping debt in the City;the relative benefits and
costs of alternative uses of the funds; operating costs of the proposed improvements; and
alternatives for providing services most efficiently through shared facilities with other cities or
local government units; and
WHEREAS,the CIP covers at least a five-year period beginning with the date of its
adoption; sets forth the estimated schedule,timing, and details of specific capital improvements
by year,together with the estimated cost,the need for the improvement, and sources of revenue
to pay for the improvement.
WHEREAS, a public hearing regarding the proposed plan was held on December 5t',
2005 at 7:00 p.m. in the City Council Chambers; and
WHEREAS, it is in the best interests of the City to approve the plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, that the City Council hereby approves the 2006 to 2010 Capital
Improvement Plan.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of December
2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
ITEM NO.: V.
TRUTH-IN-TAXATION HEARING AGENDA
EDEN PRAIRIE CITY COUNCIL
MONDAY,DECEMBER 5,2005 5:30 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. CALL THE MEETING TO ORDER
II. PUBLIC HEARING
A. OVERVIEW OF 2006 PROPOSED BUDGET AND TAX LEVY
B. PUBLIC COMMENT AND DISCUSSION
III. CLOSE OR CONTINUE PUBLIC HEARING
IV. ADJOURNMENT
ITEM NO.: VILA.
UNAPPROVED MINUTES
JOINT CITY COUNCIL/ARTS & CULTURE COMMISSION MEETING &
OPEN FORUM/OPEN PODIUM
TUESDAY,NOVEMBER 15,2005 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
ARTS & CULTURE COMMISSION MEMBERS:
Lois Larson, Steve Mosow,Heather Olson,Ann Rorem, Diane Zielke; and Student
Commissioners Sarah Erickson, Michael Kientzle, Grace Li
CITY STAFF:
City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works
Director Eugene Dietz,Recreation Manager Laurie Obiazor, Community Development Director
Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael
Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Arts and Culture Commission members Lois Larson and Michael Kientzle were absent.
Heritage Room H
I. JOINT MEETING WITH THE ARTS & CULTURE COMMISSION
Presentation
Arts and Culture Commission Chair Steve Mosow said the City's new logo tag line
"Live, Work,Dream"represents him well—he lives and works in Eden Prairie, and his
work on the Commission is part of the"dream."
Mosow and the other Commission members presented a PowerPoint that outlines the
Commission's current activities and their dreams for the future. Mosow reviewed the
Commissions charter("to act in an advisory capacity to Council on matters pertaining to
cultural,performance and visual arts programs . . .")and how those activities support the
City's key objectives, in particular:
• Preserve and enhance Eden Prairie's high quality of life
• Create and promote a positive community identity
Activities the Commission currently supports include Art on City Walls, Staring Lake
Concert Series,KidStock,Fridays at Purgatory Creek, Winter Theater,Dinner Theater at
Cummins Homestead, Summer Musical,Youth Summer Theater Workshop,Theater at
Riley-Jacques Barn, Community Band,Poetry Open Mike, Arts and Antiques in the
Garden,Riley Jacques Twilight Special, Cemetery Walk,History Tour, Sunbormet Day,
Cummins House Christmas, International Festival, and more.
City Council Workshop
November 15, 2005—page 2
In 2004, more than 15,500 people participated in arts and culture activities offered by the
City. Mosow noted that an article published in Parks and Recreation magazine in April
2005 outlines the economic, individual, social, and health benefits derived from a
community's investment in the arts.
The Commission had identified a number of new areas of growth:
• Periodic gatherings for arts resources
• Exploring new ways to promote Art on City Walls
• Supporting proposals, when appropriate, for an arts center and performing arts center
• Co-sponsoring arts events with neighboring communities
• Representing Eden Prairie at regional arts council meetings
• Expanding efforts to recognize diverse cultures in Eden Prairie
• Soliciting resident input on arts programming
• Establishing stronger communications between the City and School District to
promote arts activities
• Increasing distribution of arts promo materials through local businesses
• Making recommendations on the use of Eden Prairie's graphic identity and brand in
the community
• Organizing a local arts crawl
The Commission also expressed interest in developing a community sculpture program
that would be supported by local businesses and feature designs by local artists. Proceeds
from the program could be used to support other arts programs.
Discussion
The Commissioners asked for input from Council on their current activities and future
plans. Mayor Tyra-Lukens said she is impressed by the number of activities the
Commission supports. She wondered how much additional time the Commission has to
devote to new activities. Mosow said the Commission views new activities as an
opportunity to involve more people in the community in its programs. He noted he has a
background in health care, and that research and his personal experience suggest
involvement in the arts has the peripheral benefit of increased health.
Butcher said she likes the idea of a community art fair, and asked what can be done to
grow Eden Prairie's Arts &Antiques in the Garden event. Mosow noted that the Edina
and Uptown Art Fairs both have paid staff, and that the Uptown Art Fair is sponsored by
Metris. Sandy Werts,the Arts and Culture Commission staff liaison, said she and the
Commission are working on a number of ideas, including additional PR.
Councilmember Case said many surrounding communities,particularly the mature ones,
have their own arts centers. He hopes Eden Prairie will eventually move in that direction,
especially since Eden Prairie has the constituent population to support such a center.
Tyra-Lukens said she knows of a community in North Carolina that sponsors a sculpture
series every year. She also said the Housing Foundation, of which she is a member,
recently sponsored an art competition with the theme of homes and homelessness. She
City Council Workshop
November 15, 2005—page 3
suggested the Commission look into whether or not there is a business in Eden Prairie
interested in hosting the exhibit.
Tyra-Lukens said she agrees with the Commission that arts and culture are important to a
thriving community. She said communities not active in the arts have a completely
different tenor.
Councilmember Aho suggested holding a winter art fair,possibly at Eden Prairie Center,
where is would be a draw for stores as well. Case said he likes the idea of an art fair at
the mall, and he suggested it be co-sponsored by the High School and include student art
work.
Butcher said she knows the City already does a fair amount of marketing for arts
programs through the web site, on the cable channel, and newspaper inserts. She also
likes the idea of soliciting businesses to co-sponsor mailings.
Mosow asked Council for feedback on the proposed sculpture program,tentatively titled
"Flight of Eagles." All of the Councilmembers said they liked the idea. They believe
many local businesses would be interested in participating.
Scott Neal said another opportunity for Commission participation might be the design of
monument signage that announces entrance into the City. Now that construction is
complete or near completion on our major roadways,this type of signage is closer to
becoming a reality.
Tyra-Lukens wrapped up by saying that with the current emphasis on trimming budgets,
the larger arts events will have to be public/private ventures,but she hopes the City will
be able to provide more support in the future.
Council Chamber
II. OPEN FORUM
A. Flag Policy—John Mallo
Mr.Mallo addressed Council on the City's newly adopted flag policy. He is
concerned about what appears to be different treatment for military vs.public
safety officers. Councilmember Case asked staff to check into the matter.
B. Bent Creek—Dan Miller
Resident Dan Miller introduced Steve Chesnick,who spoke on behalf of some of
his neighbors in the Bent Creek area. Chesnick said residents are concerned about
the possibility of the golf course being sold for residential redevelopment.
Chesnick asked the City to consider participating as a bidder for the property.
C. Building Code Enforcement—Steve Wagner
Mr. Wagner asked Council to enforce ordinances relating to residential
construction. He said there have been problems with ongoing residential
construction in the Wilderness Cover neighborhood since 1997. Mayor Tyra-
City Council Workshop
November 15, 2005—page 4
Lukens said staff will look into the issue and get back to him with possible
solutions.
D. 2006 Budeet
1. Barney Uhli2
Mr.Uhlig said he and other senior citizens in Eden Prairie will not put up
with an 8 percent increase in the City levy.
2. Thomas Briant
Mr. Briant spoke on behalf of the Eden Prairie Tax Payers Alliance
regarding the 2006 City budget.
III. OPEN PODIUM
A. Cheryl Fey asked Council revise the City's flag policy to treat fallen soldiers in
the same manner as fallen public safety officers.
B. Paul Wendorff addressed Council on the City's 2006 budget.
IV. ADJOURNMENT
ITEM NO.: VII.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,NOVEMBER 15,2005 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
Mayor Tyra-Lukens called the meeting to order at 7:02 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. RECOGNITION OF NEW CERT VOLUNTEERS
Eden Prairie Fire Chief and Emergency Preparedness Director George Esbensen
welcomed 20 new members of the Citizen Emergency Response Team(CERT):
Linda Amundson,Vydehi Aravalli, Kathy Buchanan,Karen Dostal,John Duffy,Barb
Freeman, Lisa Hahnfeldt,Ed Huler, Edite Izumi, Mike Klenner, Steve Kloeckner,
Christopher Kramer, Judi Laurence,Lorene McWaters,Dipak Patel,Kathleen Porta,
Dick Porth, Jon Stoltz, Bill Theobald, Sandee Williams, and Jennifer Zupancic. This
brings the total number of CERT members to 69. The goal is 100. Esbensen noted grant
funding has helped Eden Prairie develop one of the largest teams in the area. Tyra-
Lukens thanked the volunteers for their service.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal added an item regarding a noise mitigation wall to the City's Managers Report.
Case added a query about the Bent Creek Golf Course to Reports of Councilmembers.
Tyra-Lukens removed a discussion of transportation funding from Reports of
Councilmembers.
MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and
amended. Motion carried 5-0.
COUNCIL MINUTES
November 15,2005
Page 2
VI. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 1,2005
MOTION: Butcher moved, seconded by Case,to approve the Council Workshop
minutes as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 1,2005
MOTION: Young moved, seconded by Aho, to approve the City Council
minutes as published. Motion carried 5-0.
VIL CONSENT CALENDAR
A. ADOPT RESOLUTION NO. 2005-134 APPROVING FINAL PLAT OF
THE POINTE ON LAKE RILEY
B. AUTHORIZE ISSUANCE OF GRADING PERMIT TO JLM LANDSCAPE
DESIGN FOR BACKYARD GRADING AND RETAINING WALL
IMPROVEMENTS AT 11381 LANDING ROAD
C. APPROVE TRAVEL POLICY FOR ELECTED OFFICIALS AND
EMPLOYEES
D. APPROVE PREPARATION OF A LAND EXCHANGE AGREEMENT
WITH SCHOOL DISTRICT 272
E. APPROVE CONTRACT WITH SRF FOR DESIGN AND
CONSTRUCTION SERVICES OF BOARDWALK OVERLOOK AND
WALK CONNECTIONS AT PURGATORY CREEK RECREATION
AREA
F. ADOPT RESOLUTION NO.2005-135 CANVASSING THE NOVEMBER 8,
2005,PARK REFERENDUM RESULTS
G. ADOPT RESOLUTION NO.2005-136 DECLARING PROPERTY AS
"ABANDONED PROPERTY"
MOTION: Butcher moved, seconded by Young,to approve Items A-H on the Consent
Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS/MEETINGS
IX. PAYMENT OF CLAIMS
COUNCIL MINUTES
November 15,2005
Page 3
MOTION: Case moved, seconded by Aho,to approve Payment of Claims as submitted.
The motion carried on a roll call vote with Aho,Butcher,Case,Young,and Tyra-
Lukens voting"aye."
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS,REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIII. APPOINTMENTS
A. ARTS & CULTURE COMMISSION CHAIR&VICE CHAIR
Neal said Susan Dickman, the appointed chair for the Arts and Culture
Commission,resigned in September because of her personal and work schedule.
Steve Mosow, the vice chair, has assumed the role of chairperson. Heather Olson,
appointed to the Commission in April of 2004,will accept the position of Vice
Chair. Staff recommends the appointments.
MOTION: Butcher moved, seconded by Case,to appoint Steve Mosow as Chair
and Heather Olson as Vice Chair of the Arts&Culture Commission. Motion
carried 5-0.
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Liability Stackine for Joint Powers Agreements
Tyra-Lukens said a recent court ruling might put the City at risk for
liability stacking,where the City's liability could be"stacked"on top of
that of the school district or other cities. Rosow said he has prepared
amendments to five or six of the City's Joint Powers Agreements to negate
the impact of the case. In the case of the Southwest Metro JPA,the City
will recommend Chanhassen, Chaska, and Southwest Metro itself adopt
the same language. The League of Minnesota Cities asked the court to
reconsider,but its request was denied. The League will take the matter up
at the next legislative session,but it is best for the City to act now by
making the amendments.
Tyra-Lukens asked Rosow to share background on the case. Rosow
explained a North Dakota plumber was working on a school boiler in
Minnesota when the boiler exploded. The city had a joint powers
agreement, similar to Eden Prairie's,which allowed it to use district
COUNCIL MINUTES
November 15,2005
Page 4
buildings for classes and events. Though the school had all responsibility
for maintenance and operation,the court still found the city equally liable.
Rosow said the League of Cities would pursue a legislative fix. It is not a
constitutional issue so might be addressed next session.
2. Bent Creek Golf Course
Case said although he is not a golfer,he has heard support over the years
for a municipal golf course. The referendum to provide one failed, and the
City also passed on the opportunity to acquire Olympic Hills. Case asked
Staff to look at the possibility of acquiring Bent Creek, or possibly
partnering with the Three Rivers Park District. He expressed concern that
the situation might develop quickly.
g Pq .Y
Tyra-Lukens agreed an 18-hole course ranks high on surveys. It would be
helpful to know the cost and to see if there is still community interest.
Aho asked Staff to look at operating costs as well as the cost of acquiring
the property.
B. REPORT OF CITY MANAGER
1. Flyina Cloud Airport Commission
Neal noted the Council expressed a desire to move forward with
reestablishment of the Flying Cloud Airport Advisory Commission. He
asked for a motion to develop the ordinance and charter,probably similar
to the original establishing ordinance and amendments.
Aho said he had spoken to previous Commission members and some did
not see value in a new commission. Aho expressed reservations about
restarting the Commission unless it had a clear purpose and intent. Young
agreed and said the original charter was far too broad. It would also be
critical to have a balanced group including business interests. Tyra-
Lukens included business
Lukens noted the Commission had alwaysm
representatives.
Case said the charter could be tightened but should stay flexible enough to
cover future changes, for example the development of a jetport.The
charter should focus on implementation of the City's agreement with
MAC. Case said he had heard support for the Commission and noted
MAC really favors the idea. Butcher noted the Commission would be
advisory and favored a charter broad enough to include security as well as
expansion. She suggested taking the MAC up on its offer to share the cost
of the Commission. Aho asked Staff to clarify how costs would be shared
so the Council could see the cost to the City before the final vote. Case
COUNCIL MINUTES
November 15,2005
Page 5
asked Neal to present the old charter side by side with the new one to
allow comparison.
MOTION: Case moved, seconded by Butcher,to direct staff to prepare an
ordinance to reestablish the Flying Cloud Airport Advisory Commission.
Motion carried 5-0.
2. Letter of Support for Noise Mitigation Wall
Neal reported he had met with representatives of a Beach Road
neighborhood group and their consultant regarding their petition to MN-
DOT for a noise mitigation wall. There are no details on height or
letter from the Ci would be
materials as et but the consultant believes a left
yet, h'
helpful. Neal emphasized the City would neither build nor maintain the
wall—that is outside the City's scope. The letter is to show the DOT the
wall would not be objectionable.
MOTION: Aho moved, seconded by Butcher,to direct Staff to prepare a
letter of support from the City of Eden Prairie for a noise mitigation wall
on the east side of I-494 from Highway62 south to the end of Beach Road
with the following caveats: the City of Eden Prairie will not provide
funding for the initial or subsequent construction of the proposed wall, and
the City of Eden Prairie will not assume future maintenance
responsibilities for the proposed wall. Motion carried 5-0.
3. Discussion of 2006 Budeet
Neal recommended Council focus on the tax levy amount rather than
general fund spending, since the levy is what affects taxpayers. He
directed Council's attention to his list of responses to Council's questions
posed at the October 18th meeting. The first spreadsheet reflects the
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original budget proposal used in the truth-in-taxation hearing, which had
an adjusted levy increase of 8.6%. The second sheet shows the November
14'h revised budget,with an adjusted levy increase of 4.8%. The
reductions included$200,000 from the general fund; $290,000 in debt
levy, since Fire Station#4 will not go forward this year; $250,000 from
the CIP levy, and a transfer of$215,000 from excess budget stabilization
funds (out of$980,000). The transfer would cover one-time purchases of
furniture and police equipment. The total impact of these reductions
would be to drive the levy increase down to 4.8%.
However,this does not include the parks referendum. Neal said Staff
recommends levying these funds in 2006 rather than 2007,because the
City could expect to save$600,000 due to interest impacts.
COUNCIL MINUTES
November 15,2005
Page 6
In terms of the impact of cuts on the budget,the original plan showed an
8.4%increase and the revised plan shows at 6.2%increase. There is a
9.4%increase when the parks referendum spending is included in the
budget.
Finally,Neal called attention to information on increases for comparable
cities. Eden Prairie would be low among its peers in terms of increases.
He introduced Staff for questions.
Aho asked what would happen to the remaining portion of the excess
budget stabilization fund not used this year($765,000). Neal said the plan
would be to transfer another$215,000 in 2007 and roll the remaining
$550,000 into the CIP.
Young commented on the budget vs. levy issue. He noted it is easy to
adjust a levy in the short term by manipulating funds,but long-term
budget issues can remain. He asked Neal to identify which of the
adjustments are reductions and which deferrals.
Neal said the $200,000 from the general fund would be a reduction. The
debt levy on the fire station would be a deferral. The CIP levy decrease
would be a reduction and a second reduction is planned for 2007. Neal
said that if the budget allowed,he would restore some of this funding
since citizens support it. The impact of the CIP levy decrease would be to
cut off full funding to the CIP three years earlier(2016 instead of 2019).
The transfer from the excess budget stabilization fund would be an
isolated transfer over the next two years.
Aho asked where the general fund reductions were made. Neal said there
was a reduction in the contingency fund, a small reduction in fire
operating costs since there will not be a fourth fire station, and a change in
the initiation of criminal diversion. There could be additional reductions
from restructuring legal prosecution services,but the proposal from the
prosecutor's office is still being reviewed.
Young asked where the transfer from the excess budget stabilization fund
appears in the budget. Neal said this is not a line item.Kotchevar explained
the overall total is $215,000 less in the summary of the revised budget.
Aho asked if$200,000 in general fund reductions was all that could be
generated from Council suggestions at previous meetings. Neal confirmed
this,with the caveat that there still could be savings in prosecution costs.
In the area of criminal diversion,there were decreases in personnel cost
and increases in fines and penalties. Neal said he had taken the suggestion
COUNCIL MINUTES
November 15,2005
Page 7
to take down the contingency fund. These are the only operating costs
reduced.
Case noted the other areas suggested for reduction would come with cuts
in service. He thought there might be another$150,000 to$200,000 to
lower the levy by%%or 1%. Case stated high taxes are difficult for
residents to handle,but so are reductions in quality of life. For example, a
5%reduction in the police budget would mean losing four or five officers.
Similarly, losing two community development staff would make the City
less able to do due diligence on the Bent Creek golf course. Case said he
would like to get the budget down to a 5%increase in the operating budget
and a tax levy in the low 4%range. That would make Eden Prairie's the
lowest increase in twenty-five cities. The state has opted out of paying
certain expenses so there is more of a burden on cities throughout the
state. Eden Prairie also had a 5%increase in population and a 4.6 increase
in inflation. There is some limit on how much cutting the City can do
under these circumstances. He suggested further cuts of$200,000.
Neal said he would bring that budget and the service impacts if directed by
the Council. Case said legal services would be an area for cuts. Neal
noted diversion savings are already reflected in the revised budget.
Bringing prosecution in-house might generate an extra$100,000 in
savings,but the City still needs to review new information from the
prosecutor's office to assess costs and quality of prosecution to protect
victims. Aho asked when this option would be ready for review, and Neal
said it should be ready for the meeting on November 29t'.
Butcher supported gathering information in terms of legal services. She
noted if the council adopted a 4.8%levy increase, it would be the lowest
in the metro. The City does not exist in isolation. In addition,Eden
Prairie is a star because the city has invested in the community. Chopping
to the bone would be a change in direction. Butcher said the Council has
been prudent over the last nine years,and cutting the budget to an arbitrary
figure because someone asked for it is not appropriate.
Tyra-Lukens agreed. Many citizens and groups have expressed their
needs from the budget: arts, inspections, code violations,the Bent Creek
Golf Course,human services, and parks support. Citizens will not be
happy with a bare bones budget. Compared to other outer ring suburbs
with similar populations and growth rates,Eden Prairie's levy increase is
much lower.
Aho reiterated while the levy increase is critical, so is the budget. The
budget stabilization funds are a temporary fix. He was glad to see the
reduction from an 8.4%increase to a 6.2%increase, but not sure it was
COUNCIL MINUTES
November 15,2005
Page 8
enough. He thought there was more in the legal area and disputed the idea
the budget is"bare bones." He asked to see what the impact would be if
the increase is reduced to 3-5%. It would not likely be"across the board"
as in Case's police officer example. Tyra-Lukens said this could take a
year unless Staff are given direction. She asked what else besides legal
services Staff should look at. Aho said he and Young had brought ideas to
previous meetings, including facilities maintenance.
Young said ultimately the question is what the Council's role is, and the
tools Council receives to do its work. He noted he had spent a lot of time
on line items,but ultimately his ability to determine specific cuts out of a
department budget is limited. He suggested facilities maintenance,
recreation programs, and historic preservation might be areas to reduce
spending. He noted his suggestion to eliminate a human service position
had not been addressed. Young stated while the increase in the city's levy
might be smaller than other cities',the budget is significantly larger. It
would be a helpful exercise to see what a 4%budget increase would look
like. Only Staff can provide that data to move the process forward.
Case said there would be time before the November 29 meeting to work
out issues, and that it takes only three votes to pass the budget. There is
some difference of opinion on the role and purpose of government. Case
reiterated that due to 5%population growth,the City is serving 3,300
more people. A budget increase of 4.8%would be holding steady even
without accounting for inflation. With the parks referendum,the citizens
have just expressed support for amenities in the community. Case also
supported the human services position, pointing out that it serves Eden
Prairie's Somali community, over 1,500 people, and provides services the
County does not.
Butcher agreed the Council could talk philosophy all night. She said she
was not willing to let an artificial budget number lead to deferred
maintenance and deferred human services. In the interest of being
prudent, she recommended looking at the human services position.
Neal said budgeting is more art than science and the discussion had been
helpful. He said he would prepare a second revised budget with a 5%
increase in spending, accompanied by the operational impacts. Young
asked for both a 5%and a 4%alternative and Neal assented. Young
expressed a desire to get to the point of talking about the budget. He did
not agree there is a linear relationship between the population and the
budget. He also said the referendum's success does not absolve the
Council of responsibility for the operational budget.
COUNCIL MINUTES
November 15,2005
Page 9
Neal asked Council for confirmation that the parks levy should be done in
2006. Tyra-Lukens said yes; $600,000 is a sizable savings. People will
also want to see prompt action on the amenities they supported. Aho
agreed and asked where the savings would come from. Neal said it is
investment income from issuing the bonds earlier,plus financial advisers
expect interest rates to climb.
The Council agreed to meet again on November 29 h to discuss the budget,
and to reschedule December's budget vote so all Councilmembers could
attend.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Purchase Agreement for Sale of City-owned Site(Lot 1,Block
1,Wineate Hotel Addition)
Jeremiah reported a purchase agreement has been drafted with
Dove Capital,a real estate investment entity,to purchase the old
police station site(2.3 acres)at the City's asking price of
$1,400,000. The developer is proposing three buildings(a bank, a
drugstore, and multi-tenant retail) stretching south to Lone Oak
Road through an abutting 2.8-acre site. Plans are for a high level
of finish and architectural continuity to add to the visual appeal of
the site. The sale is expected to close in April if all City approvals
are received.
Aho asked where the proceeds would be applied if the sale goes
forward. Jeremiah said these go to the economic development
fund and could be used toward the MCA project.Aho asked if the
Council would vote on the use of proceeds. Neal said yes,though
the policy is to keep it in the economic development area. Young
asked if this was a new policy, or long-established. Case said sale
proceeds have gone into the CIP over the years.Proceeds would go
to capital funds,not operating funds. Case noted that prior to the
tenure of the current members,the Council used sale proceeds to
take down operating costs. Current members have tried to avoid
that situation.
MOTION: Aho moved, seconded by Case,to authorize the
Mayor and the City Manager to execute a Purchase Agreement and
other documents including but not limited to a Warranty Deed and
affidavits as are necessary to complete the sale of a 2.3-acre site
owned by the City and legally described as Lot 1,Block 1,
Wingate Hotel Addition,Hennepin County,Minnesota. Motion
carried 5-0.
COUNCIL MINUTES
November 15,2005
Page 10
2. MCA Update
Jeremiah said she had gotten further feedback at a Chamber of
Commerce luncheon. The final draft of the MCA plan will go
before the Planning Commission on November 28 and could
come before the Council as early as Dec. 5th. The requested action
would likely be for Council to approve the study as an advisory
tool for later feasibility studies.
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
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0.
The meeting adjourned at 8:44 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 5,2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.
Christy Weigel,Police/ Clerk's License Application List
Community Investigations
Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Amendment to Liquor License Champps Operating Corporation
2AM Closing Permit—Renewal DBA: Champps Americana
Wadsworth Old Chicago, Inc. (Note: DBA name change from Champps
DBA: Old Chicago Restaurant&Bar)
2006 Renewal Licenses Courtyard Management Corporation
DBA: Courtyard By Marriott
On-Sale Liquor
Don Pablo's Operating Corp.
Kabuki, Inc DBA: Don Pablo's Grille Mexicana
DBA: Kabuki Restaurant
Eden Prairie Jakes,Inc
On-Sale and Sunday Liquor DBA: Epic
Apple American Ltd Ptsp of MN TA, Inc
DBA: Applebee's Neighborhood Grill& DBA: Great Mandarin
Bar
Purple Star, Inc
Bearpath Golf&Country Club, Ltd Ptsp of DBA: Green Mill of Eden Prairie
MN
DBA: Bearpath Golf&Country Club Shady Oak Hospitality,Ltd Ptsp
DBA: Hilton Garden Inn Minneapolis/Eden
Bent Creek Golf Club,Inc Prairie
DBA: Bent Creek Golf Club
NaaR Inc.
Biaggi's Ristorante Italiano,LLC DBA:NaaR Grill
DBA: Biaggi's Ristorante Italiano
Wadsworth Old Chicago, Inc
Leiserv,Inc DBA: Old Chicago
DBA: Brunswick Zone—Eden Prairie
Olympic Hills Corporation
BUCA Restaurants 2, Inc DBA: Olympic Hills Golf Club
DBA: BUCA di BEPPO
Outback/Midwest II, LTD
Campiello,LLC DBA: Outback Steakhouse
DBA: Campiello
- 1 -
City Council Agenda 1210512005
Item Description
Page 2
Redstone American Grill, Inc New Beijing, Inc
DBA: Redstone American Grill DBA: New Beijing Chinese Restaurant
RT Minneapolis Franchise, LLC The Noodle Shop Co., --Colorado, Inc
DBA: Ruby Tuesday DBA:Noodles&Company
Starmark Holdings,LLC Pei Wei Asian Diner,Inc
DBA: Stars Restaurant-Flagship DBA: Pei Wei Asian Diner
TGI Friday's of Minnesota, Inc. Civitali Restaurant Corporation
DBA: T.G.I.Friday's DBA: Punch Neapolitan Pizza
Timber Lodge Steakhouse, Inc
DBA: Timber Lodge Steakhouse
On-Sale Club
Wildfire Eden Prairie,LLC
DBA: Wildfire Eden Prairie Lions Club, Inc
DBA: Eden Prairie Lions Club
Gemelli, LLC
DBA: Woody's Shady Oak Grille
3.2 Beer On-Sale
On-Sale Wine with Strong Beer Davanni's, Inc
DBA: Davanni's Pizza&Hot Hoagies
Happy Family, Inc
DBA: Cam Ranh Bay Restaurant Lions Tap, Inc
DBA: Lions Tap
D'Amico& Sons, LLC
DBA: D'Amico& Sons CSM RI Eden Prairie,L.L.C.
DBA: Residence Inn by Marriott
Detello's, Inc Minneapolis Southwest
DBA: Detello's Pizza&Pasta
Fuddruckers, Inc
DBA: Fuddruckers 3.2 Beer Off-Sale
India Palace New, Inc Jerry's Enterprises,Inc
DBA: India Palace DBA: Cub Foods Eden Prairie
Kabobi, LLC Jerry's Enterprises, Inc
DBA: Kabobi DBA: Jerry's Foods Eden Prairie
Nguyen, Inc Lions Tap, Inc
DBA: Mister Q's Vietnamese Cuisine DBA: Lions Tap
City Council Agenda 1210512005
Item Description
Page 3
PDQ Food Stores, Inc Eden Prairie Jakes, Inc
DBA: PDQ Store#215 DBA: Epic
RBF Corp. of Wisconsin Kath Fuel Oil Service Co.
DBA: Rainbow Foods DBA: GAS/PLUS 17
Speedway SuperAmerica, LLC Purple Star, Inc
DBA: SuperAmerica#4441 DBA: Green Mill of Eden Prairie
Speedway SuperAmerica, LLC HOLIDAY STATIONSTORES,INC
DBA: SuperAmerica#4159 DBA: Holiday Stationstore#343
Speedway SuperAmerica,LLC Jerry's Enterprises,Inc
DBA: SuperAmerica#4269 DBA: Jerry's Foods Eden Prairie
Norseman Oil Co.
DBA: Mark's BP Eden Prairie
Cigarette& Tobacco Products
Norseman Oil Co.
AD Eagle Mobil, Inc DBA: Mark's Hwy 5 BP
DBA: AD Eagle Mobil, Inc
The W.Gordon Smith Co.
KO-B,INC DBA: Mobil
DBA: Aztec BP
Twin Cities Stores, Inc
Bearpath Golf&Country Club,Ltd Ptsp of DBA: Oasis Market#527
MN
DBA: Bearpath Golf&Country Club Wadsworth Old Chicago, Inc
DBA: Old Chicago
Colonial Auto Inc
DBA: BP Amoco Olympic Hills Corporation
DBA: Olympic Hills Golf Club
Champps Operating Corporation
DBA: Champps Americana PDQ Food Stores, Inc
(Note: DBA name change from Champps DBA: PDQ Store#215
Restaurant&Bar)
RBF Corp. of Wisconsin
Costco Wholesale Corporation DBA: Rainbow Foods
DBA: Costco Wholesale#783
Redstone American Grill,Inc
Jerry's Enterprises, Inc DBA: Redstone American Grill
DBA: Cub Foods Eden Prairie
Snyder's Drug Stores, Inc
Hiawatha Marketing,Inc DBA: Snyder's Drug Store#5087
DBA: Eden Prairie Grocery
Snyder's Drug Stores
City Council Agenda 1210512005
Item Description
Page 4
DBA: Snyder's Drug Store#5054 Anderson Lakes Animal Hospital
B&K Eden Prairie, Inc Hound Dog Pet Hotel
DBA: Super Gas U.S.A. Kingdale Kennels, Inc
Speedway SuperAmerica,LLC
DBA: SuperAmerica#4441
Speedway SuperAmerica,LLC
DBA: SuperAmerica#4159
Speedway SuperAmerica,LLC
DBA: SuperAmerica#4269
Walgreen Co.
DBA: Walgreens#06280
Walgreen Co.
DBA: Walgreens#05080
Wal-Mart Stores, Inc
DBA: Wal-Mart Store#1855
Private Kennel
Becky Beiersdorf—3 dogs
Evelyn Bone—4 cats
Ross&Gail Cohen—3 dogs
Talitha Davey—5 dogs
Barb&Jim Gabbert—3 dogs
Peggy Hagen—4 dogs
Michael Juntunen—3 dogs
David&Lisa Kempston—3 dogs
Nancy Parker—5 dogs
Michelle Stack—3 cats& I dog
Deborah Winter—3 cats
Commercial Kennel
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 5,2005
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B.
Community Edenvale Highlands 2nd Addition,now
Development/Planning known as The Preserve at Edenvale
Janet Jeremiah, Scott Kipp
Requested Action
Move to:
nd
• Approve 2 Reading of the Ordinance for PUD District Review with waivers and Zoning District
PP g g
Change from Rural to R1-13.5 on 22.7 acres; and
• Approve the Development Agreement for Edenvale Highlands 2nd Addition, now
known as The Preserve at Edenvale; and
• Approve and Authorize Issuance of a Grading Permit for Edenvale Highlands 2nd
Addition, now known as The Preserve at Edenvale, subject to release by the City
Engineer upon determination that the final contract documents conform to plans
stamp dated September 13, 2005, as approved by the City Council.
Synopsis
This is a 10 lot single family development.
Attachments
1. Ordinance for PUD District Review and Zoning District Change
2. Summary Ordinance
3. Development Agreement
EDENVALE HIGHLANDS 2'D ADDITION,NOW KNOWN AS THE PRESERVE AT
EDENVALE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.23-2005-PUD-14-2005
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 R1-13.5 Zoning District
23-2005-PUD-14-2005 (hereinafter "PUD-14-2005-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of December 5,2005, entered into between Calhoun
Development LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-14-2005-R1-13.5,and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-14-2005-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-14-2005-R1-13.5 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-14-2005-R1-13.5 are justified by the design of
the development described therein.
D. PUD-14-2005-R1-13.5 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 R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-14-2005-R1-13.5 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 1 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
20th day of September, 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 5th day of
December,2005.
ATTEST:
Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
Edenvale Highlands 2°d Addition, now known as The Preserve at Edenvale
Legal Description Before Final Plat
Lot 2, Block 1, GRAY FOX BLUFF, Hennepin County, Minnesota
Legal Description After Final Plat
Lots 1-10, Block 1 and Outlot A, THE PRESERVE AT EDENVALE, Hennepin
County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO.23-2005-PUD-14-2005
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 15598 Michele Lane from
the Rural Zoning District to the RI-13.5 Zoning District on 22.7acres. 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 Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
DEVELOPMENT AGREEMENT
EDENVALE HIGHLANDS 2ND ADDITION
NOW KNOWN AS THE PRESERVE AT EDENVALE
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of December 5,
2005,by Floyd Calhoun Development--The Preserve,LLC,a limited liability company,hereinafter
referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Planned Unit Development Concept Review
on 22.7 acres, Planned Unit Development District Review with waivers on 22.7 acres, Zoning
District Change from Rural to R1-13.5 on 22.7 acres,and Preliminary Plat of 22.7 acres into 10 lots
and 1 outlot, legally described on Exhibit A(the"Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on
22.7 acres, and Resolution No. for Preliminary Plat, Developer agrees to construct,
develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated September 13, 2005, reviewed and approved by the City Council on
September 20, 2005, (hereinafter the 'Plans") and identified on Exhibit B, subject to such
changes and modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon 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 Land
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.
4. 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 to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release,defend and
indemnify because of any inspection,review or approval by City.
5. DRAINAGE AND UTILITY EASEMENT AND CONSERVATION EASEMENT
VACATION: After the final plat for the Property has been recorded with Hennepin County
but prior to the issuance of any building permits for the Property,the Developer shall submit
to the City Council and receive the City Council's approval of a request for the vacation of
the existing underlying drainage and utility easement and conservation easement over Lots 4
and 5, Block I as indicated on the Plans.
6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading
and drainage plan contained in the Plans may require revision based on review by the
City Engineer of the final construction documents which include a construction
grading and drainage plan. Prior to the release of a land alteration permit for the
Property,Developer shall submit and obtain the City Engineer's written approval of
the construction grading and drainage plan for the Property. The construction
grading and drainage plan shall include 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. Prior to release of
the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the construction
grading plan.The design professional shall monitor construction for conformance to
the approved construction 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 construction grading plan and City erosion
control policy.
B. 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 Property. 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 hereof.
Prior to release of the grading bond,Developer shall complete implementation of the
approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property,delineated on Exhibit B Plans,Developer shall submit to the
City Forester and receive the City Forester's written approval of a plan depicting
construction grading limits on the Property. Prior to the issuance of any land alteration
permit, Developer shall place a construction fence on the approved construction grading
limits. Developer shall notify the City and watershed district 48 hours in advance of grading
so that the construction limit fence may be field inspected and approved by the City Engineer
and City Forester. Developer shall maintain the construction limit fence until written
approval is granted by the City to remove the fence.
8. LETTER OF MAP AMENDMENT: The Developer shall be responsible to obtain a letter
of Map Amendment (LOMA) from Federal Emergency Management Agency (FEMA)
which removes Zone A within those portions of Lots 4,5 and 6,Block 1 as indicated on the
Plans.
9. MICHELLE LANE ROADWAY EASEMENT VACATION: After the final plat for the
Property has been recorded with Hennepin County but prior to issuance of any building
permits for the Property,the Developer shall submit to the City Council and receive the City
Council's approval of a request for the vacation of the existing underlying roadway easement
for Michelle Lane as indicated in Hennepin County recorded document number 3707119.
10. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's
Supplements to this Agreement executed by and between the City of Eden Prairie and the
following are attached hereto and made a part hereof.
A. Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust
Agreement dated October 22, 1997
11. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit
issuance for each residential structure on each parcel of the Property,a Certificate of Survey
for such parcel shall be submitted for review and written approval by the Building
Department. The Certificate of Survey shall include a certification by the builder that
construction of the residence is consistent with this Agreement and all exhibits attached
hereto, and shall further contain the following information:
A. Topography with 2 foot contour intervals for existing and proposed grades.
Topography must be field verified.
B. Location of structures with finished floor elevations.
C. Retaining walls,type,height, and type of details.
D. Location of sewer,water, gas and electric lines.
E. Method of erosion control.
F. Detailed grading plans.
G. No construction or grading within any conservancy easement area.
H. No steepening of the natural slopes and walk out levels that meet natural grade.
I. Engineered design for footing, foundation, and retaining walls.
12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-13.5 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD
A. Cul-de-sac length of 800 feet. City code permits cul-de-sac length up to
500 feet.
B. Lot depth of 120 feet adjacent to a railroad for Lot 6. Code requires 150
feet.
13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
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 terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
14. 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 on an assessable area of 7.0 acres in the amount of$40,495.00.
15. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary
sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat
for the Property, Developer shall furnish to the City Engineer and receive the City
Engineer's written approval of a surety equal to 125%of the cost of said improvements. A
permit fee of five percent of construction value shall be paid to City by Developer. The
design engineer shall provide daily inspection, certify completion in conformance to
approved plans and specifications and provide record drawings.
16. TRAIL EASEMENT: Prior to the release of the final plat for any portion of the Property,
the Developer shall submit to the Director or Parks and Recreation Services and obtain the
Director of Parks and Recreation Services approval of a trail easement in the form and
substance as attached in Exhibit F, over all of Outlot A as depicted in Exhibit B Plans.
Prior to release of the final plat for any portion of the Property,Developer shall submit proof
to the Director of Parks and Recreation Services,that the Conservation Easement has been
filed for record with the Hennepin County Recorder/Register of Titles.
17. TREE LOSS-TREE REPLACEMENT: There are 6,008 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 2,217
diameter inches. Tree replacement required is 1,088 caliper inches.Prior to the issuance of
any grading permit for the Property,Developer shall submit to the City Forester and receive
the City Forester's written approval of a tree replacement plan for 1,088 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
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. WETLAND PLAN:
Prior to release of the final plat for any portion of the Property,Developer shall submit to the
Environmental Coordinator and receive the Environmental Coordinator's approval of a
Wetland Plan. The approved Wetland Plan shall be consistent with the materials and
requirements shown on the Plans and as required by City Code. The Plan shall include the
following elements.
A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a
Wetland Buffer Strip Evaluation Report("Buffer Report") in accordance with the
Wetland Plan and City Code requirements prior to release of the final plat for any
portion of the Property. If the Buffer Report identifies any unacceptable vegetation
or other conditions,the wetland buffer strip shall be graded,treated,reseeded and/or
replanted (thereon known as "Landscaping", or "Landscaped") by the Developer
within 90 days of submission of the Buffer Report. If Landscaping of the wetland
buffer strip is required,the Developer shall submit a signed statement by a qualified
wetland consultant, as determined by the City Manager, stating that the wetland
buffer strip vegetation complies with all City requirements within 30 days of
completion of the Landscaping of the wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the
final plat for any portion of the Property,Developer shall submit a signed contract
with a qualified wetland consultant, as determined by the City Manager and/or
designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation
Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and
wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan
and proposed cost for correction of all problems identified within the wetland(s)
and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report shall
be submitted two full growing seasons following completion of the development and
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Prior to release of the final plat for any portion of the
Property, Developer shall submit a Conservation Easement(Exhibit G) for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans.
Prior to release of the first building permit for the Property,Developer shall submit
evidence to the Environmental Coordinator that the approved Conservation Easement
has been executed by the owners of the Property platted and has been filed in the
Hennepin County Recorder's/Registrar of Titles' Office.
D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for
any portion of the Property, Developer shall install all wetland buffer strip
monuments for the property. Wetland buffer strip monument locations shall be
shown on the final grading plan and final plat. The post shall be a fiberglass
reinforced composite post with a maximum size of 4 inch by 4 inch (4"x 4") that
states "Wetland Buffer: No Mowing Allowed". The post shall be mounted to a
height of a minimum of four feet above grade set at least 42 inches in the ground.
The bottom of the post must be fitted with an anchor attachment that would expand
upon attempted removal. Removal of the wetland buffer strip monuments is
prohibited.
E. Wetland Performance Bond: Prior to release ofthe final plat for any portion ofthe
Property,Developer shall furnish to the Environmental Coordinator and receive the
Environmental Coordinator's approval of a Wetland Plan performance bond, cash
escrow,or 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 150% of the cost, as estimated by the City Manager, of completing said
Wetland Plan requirements and/or Landscaping as depicted on the Plans and as
required by City Code. Said Security shall cover costs associated with the Wetland
Plan during development and for two full growing seasons following completion of
the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,the
City may draw upon the Security in whole or in part to pay the cost of implementation.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
Floyd Calhoun Development--The Preserve,LLC
By By
Its Nancy Tyra-Lukens
Its Mayor
By By_
Its Scott H.Neal
Its City Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2005,
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 MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2005,by
.the ,of Floyd Calhoun Development--The
Preserve,LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS 2'ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
Legal Description Before Final Plat
Lot 2,Block 1, GRAY FOX BLUFF,Hennepin County, Minnesota
Legal Description After Final Plat
Lots 1 — 10, Block 1, and Outlot A, THE PRESERVE AT EDENVALE, Hennepin County,
Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT-EDENVALE HIGHLANDS 2'ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
THE PLANS
1. CO.1 -Civil Title Sheet dated 08/18/05 by Landform
2. CLI -Existing Conditions&Demolition Plan dated 08/18/05 by Landform
3. C2.1 -Preliminary Site Plan dated 08/18/05 by Landform
4. C3.1 -Preliminary Grading Plan dated 08/18/05 by Landform
5. C3.2 -Grading and Erosion Control Details dated 08/18/05 by Landform
6. C4.1 -Preliminary Utility Plan dated 08/18/05 by Landform
7. C5.1 -Preliminary Plat dated 08/18/05 by Landform
8. L1.1 -Tree Preservation Plan dated 08/18/05 by Landform
9. L1.2 -Tree Preservation Inventory dated 08/18/05 by Landform
10. L2.1 -Preliminary Landscape Plan dated 08/18/05 by Landform
EXHIBIT C
DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS 2"ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(V=100'scale)showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. 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 PUD, Rezoning, or Preliminary Plat
approved in connection with this Agreement,thus restoring the status ofthe 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. Developer represents that it has marketable fee title to the Property, except:
A. Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust
Agreement dated October 22, 1997
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 provided however the Developer will be granting a mortgage on
the Property at its closing on the purchase thereof. Developer covenants that this
Development Agreement will be recorded prior to any such mortgage. 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. I I5B.01,et.
seq.(such substances,wastes, pollutants, and contaminants hereafter referred to as
"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 to the best of Developer's knowledge 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.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12,Subdivision Regulations,ofthe 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.
VIII. 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.
IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
X. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special,unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce 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.
XI. 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.
XII. 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.
XIII. 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.
XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XV. 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.
XVI. 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.
XVII. 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.
XVIII. 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.
XIX. 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 written notice to the Developer, for any violation of the terms 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 as required by this paragraph,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.
XX. The Developer hereby ants the City, it's agents, employees, officers and contractors a
P Y �' tY� g
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXI. 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.
EXHIBIT D
DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS 2'ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
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 immediate) after each rainfall event of
PP P Y Y
.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 u and repair shall be immediate. The applicant shall provide all traffic control
p P Pp
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.
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 of this Agreement
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 shall 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.
I,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
EXHIBIT E
DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS 2'ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
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 Floyd Calhoun Development--The Preserve,
LLC,a Minnesota limited liability company(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:
1. The Owner consents to the levying of assessments against the Property in the amount of
$40,495.00 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 agreement of the parties
hereto.
OWNER CITY OF EDEN PRAIRIE
Floyd Calhoun Development--The Preserve,LLC
A Minnesota limited liability company A Minnesota Municipal Corporation
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 NIINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2005,
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 the ,ofFloyd Calhoun Development--The
Preserve,LLC,a Minnesota limited liability company,on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT F
DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS 2ND ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
TRAIL EASEMENT
Floyd Calhoun Development--The Preserve,LLC,("Grantor")hereby grants and conveys this
day of_ , 2005, 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 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,
including but not limited to, bicycles, skis, strollers, and skates;
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.
EXHIBITA
"EASEMENT PARCEL"
Legal Description Before Final Plat
Legal Description After Final Plat
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 MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2005,
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 ,2005,
by , the of Floyd Calhoun Development--The
Preserve,LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT G
DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS 2'ADDITION
NOW KNOWN AS THE PRESERVE AT
EDENVALE
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this_day of ,2005 by and between
Floyd Calhoun Development -- The Preserve, LLC., a Minnesota limited liability company,
hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal
corporation, hereinafter referred to as "City';
WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to
prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B,
hereinafter referred to as the "Easement Area", attached hereto;
NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the
parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the `Basement Area", and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition.
No trees, shrubs or other vegetation shall be planted or removed from the
Easement Area without the prior written consent of the City. The City will
consider removal of noxious weeds, as defined by Minnesota Statutes
Sections 18.76-18.88, upon submission and approval of a Vegetation
Management Plan. No vegetation cutting,fertilizer application or placement
of turfgrass, such as Kentucky bluegrass, shall occur within the Easement
Area.
B. Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip as shown on Exhibit C. Removal of the wetland buffer strip
monuments is not allowed.
C. No building,road, sign,billboard,utility,or other structures shall be placed
in the Easement Area without the prior written consent of City.
D. No trash,waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E. No change in the general topography of the Easement Area landscape,
including,but not limited,to excavation,dredging,movement,and removal
or placement of soil,shall be allowed within the Easement Area without the
prior written consent of the City.
F. Grantor may,no more than once per calendar year,remove sediment caused
by stormwater drainage into a stormwater ponding area. Any removal of
sediment must be pre-approved in writing by the City and be in accordance
with City and Wetland Conservation Act guidelines. Landscaping must be
replaced in accordance with the requirements outlined in this Conservation
Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens, encumbrances
and mortgages provided however the Developer will be granting a mortgage
on the Property at its closing on the purchase thereof. Developer covenants
that this Conservation Easement will be recorded prior to any such mortgage
B. That Grantor has not used,employed,deposited,stored,disposed of,placed
or otherwise allowed to come in or on the Easement Area, 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. 11513.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use,employ,deposit,store,
dispose of, place or otherwise have, in or on the Easement Area, any
Hazardous Substances;
D. That to the best of Developer's knowledge no previous owner, operator or
possessor of the easement area, deposited, stored, disposed of, placed, or
otherwise allowed in or on the Easement Area any Hazardous Substances;
Grantor agrees to indemnify,defend and hold harmless City,against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City
incurs because of the breach of any of the above representations or warranties and/or
resulting from or due to the inaccuracy or falsity of any representation or warranty
herein.
4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties,their successors, and assigns.
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
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 ,2005,
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 MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2005,
by ,the of Floyd Calhoun Development--The
Preserve,LLC,a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
r
EXHIBIT A
"THE PROPERTY"
Legal Description Before Final Plat
Lot 2,Block 1, GRAY FOX BLUFF, Hennepin County,Minnesota
Legal Description After Final Plat
Lots 1 — 10, Block 1, and Outlot A,THE PRESERVE AT EDENVALE,Hennepin County,
Minnesota
EXHIBIT B
"EASEMENT AREA"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT C
"EASEMENT AREA" DIAGRAM
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
FLOYD CALHOUN DEVELOPMENT—THE PRESERVE, LLC,
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of December 5, 2005, by and between
Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated
October 22, 1997, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE
("City"):
For, and in consideration of, and to induce City to adopt Resolution No. for Planned
Unit Development Concept Review, Ordinance No. for Planned Unit Development District
Review and Zoning District Change from Rural to R1-13.5,and Resolution No. for Preliminary
Plat,as more fully described in that certain Development Agreement entered into as of December 5,2005,
by and between Calhoun Development, LLC, a Minnesota limited liability company, and City
("Development Agreement"), Owner agrees with City as follows:
1. If Floyd Calhoun Development--The Preserve,LLC, fails to commence
development in accordance with the Development Agreement and fails to obtain
an occupancy permit for all of the improvements referred to in the Development
Agreement within 24 months of the date of this Owners' Supplement,Owner shall
not oppose the City's reconsideration and rescission of Resolution No.
for Planned Unit Development Concept Review, Ordinance No.
for Planned Unit Development District Review and Zoning District
Change from Rural to R1-13.5, and Resolution No. for Preliminary
Plat, identified above,thus restoring the status of the Property before the
Development Agreement and all approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner,their successors and assigns of
the Property.
3. If Owner transfers this Property,Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this
Agreement, so long as Owner or transferee obtain such approvals as are required
by City Code to develop the Property in a manner other than as set forth in this
Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNER CITY OF EDEN PRAIRIE
John M.Anderson Revocable Living Trust
Agreement dated October 22, 1997
By
Kathryn Slavens, Trustee Nancy Tyra-Lukens
Its Acting Mayor
By
Scott H.Neal,
Its City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2005,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 MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2005,
by Kathryn Slavens,as Trustee of the John M.Anderson Revocable Living Trust Agreement dated
October 22, 1997, on behalf of said Trust.
Notary Public
EXHIBIT A
OWNERS SUPPLEMENT
Legal Description Before Final Plat
Lot 2,Block 1, GRAY FOX BLUFF, Hennepin County,Minnesota
Legal Description After Final Plat
Lots 1 — 10, Block 1, and Outlot A,THE PRESERVE AT EDENVALE,Hennepin County,
Minnesota
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 5,2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Randy L. Slick Final Plat Approval of The Preserve at
Public Works/Engineering Edenvale
Requested Action
Move to: Adopt the resolution approving the final plat of The Preserve at Edenvale
Synopsis
This proposal is for the plat located south of the Twin Cities and Western Railroad Corridor and
at the western terminus of Michele Lane. The plat consists of 22.7 acres to be divided into ten
single-family lots, one outlot and right-of-way dedication for street purposes. This is a replat of
Lot 2,Block 1, Gray Fox Bluff.
Background Information
The preliminary plat was approved by the City Council on September 20, 2005. Second reading
of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed
on December 5, 2005.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$500.00.
• Receipt of street lighting fee in the amount of$1,229.58.
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
• Prior to release of the final plat, Developer shall submit and receive approval of a
Wetland Plan by the Environmental Coordinator.
• Prior to release of the final plat, Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
• Prior to release of the final plat,Developer shall submit and receive approval of a trail
easement over all of Outlot A.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.2005-
A RESOLUTION APPROVING FINAL PLAT OF
THE PRESERVE AT EDENVALE
WHEREAS, the plat of The Preserve at Edenvale has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder;and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for The Preserve at Edenvale is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated September 20,
2005.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
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 by the Eden Prairie City Council on December 05,2005.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta,City Clerk
R.T. DOC. NO.
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 5,2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-130 ITEM NO.: VIII.D.
Mary Krause Approve Change Order No. 1 for
Public Works/Engineering Columbine Road Project
Requested Action
Move to: Approve Change Order No. I for the Columbine Road Project, in the amount of
$4,874.50.
Synopsis
This Change Order involves field changes necessary to facilitate winter maintenance and
snowplowing of the intersection of Regional Center Road/Prairie Center Drive/Columbine Road
until the final phase of Columbine Road can be completed.
Background Information
The Columbine Road construction project completes Columbine Road between Anderson Lake
Parkway and Prairie Center Drive. The first phase of Columbine Road was constructed in the
summer of 2004 and provides access to the Fountain Place area. Phase two of the project
includes intersection and signal improvements at the Columbine Road/Prairie Center
Drive/Regional Center Road intersection. This work can not be completed until appropriate
easements have been obtained from the Flagship Athletic Club. Negotiations between the City
of Eden Prairie and the Flagship Athletic Club are ongoing.
Attachments
• HTPO Change Order No. 1
• Invoice from Northwest Asphalt
CHANGE ORDER#1 '
Date: 11/8/05
To: City of Eden Prairie
City Improvement Contract#: I.C. 52-130
Project Name: Columbine Road
Contractor: Northwest Asphalt
Engineer: Hansen Thorp Pellinen Olson Inc.
Nature of Changes:
1. Raise existing CB to finished grade
2. Add asphalt to edge of curb and at manholes for winter
3. Winter ramp addition areas for snow plowing
Adjustments to Contract Price:
1. Additional labor cost,lump sum $ 1,797.00
2. Additional labor cost,lump sum $ 2,077.50
3. Additional labor cost, lump sum $ 1,000.00
Summary of Contract Changes:
Contract Amount prior to Change Order#1 $ 1,975,628.30
Net Increase resulting from Change Order#1 $ 4,874.50
Current Contract Amount including --------------------
Change Order#1: $ 1,980,502.80
THE ABOVE CHANGES ARE APPROVED:
Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie
By By
Date Date
THE ABOVE CHANGES ARE ACCEPTED:
Northwest Asphalt
By
Date lTA��
11/23/2805 13:49 9524451056 NORTHWEST ASPHALT IN PAGE 02/02
NORTHWEST ASPHALT, INC.
"Paving, Excavation and Utilities"
E _ _
1451 STAGECOACH ROAD SHAKOPEE,MN 55379-2797 PHONE OW)445-1003
+ FAX(962)4415-1058
www.nwasphaltmel
CITY OF EDEN PRAII tIE COLUMBINE ROAD
CONTRACT IC S2-130
CH
ANGE,A.NGE ORDER REQUEST
RAISE&PATCH EXISTING STORM STRUCTURE(ADD MH SECTION)
1013108 -
FOREMAN 2.0 HRS @$97.00/HR $194.00
LABORER 6.0 HRS @$68.001HR 408.00
MINI BACKHOE 5.0 HRS Q$130.001HR 650.00
MANHOLE SECTION 1.0 EA 0$180.001EA 150.00
BITUMINOUS PATCHING 1 LS $39S.00/i S 39S.00
SUBTOTAL$1,797.00
8/15/08
RAMP CURBS,BITUMINOUS EDGES&MANHOLES
FORMANTER IN TURN LANE AREA WHICH ULTIMATELY
WAS PAVED ANYWAY
4 MAN PATCH CREW EQUIP 4.5 HRS @$375.001HR $1,687.56
PATCH MIX r 13 TON(c $30,001TON 390.00
SUBTOTAL$2077.50
10/11/06
PAVING CREW,A(2)TRUCKS TIME DELAY,:PIECEMEAL
PAVING TURN LANE WEAR WHICH WAS ORIGINALLY
SCHEDULED TO BE PAVED WITH WHOLE STREET.
WEAR PAVING OF THAT STREET DELA
YED TO 2006.
1 LS $1,000.001LS ji000.00
TOTAL THIS REQUEST $4,874.50
i
DATE QUST NO NWA REF NWA REQUEST GENERAL CON rROJ NO.
NO JOB NO NO
10/285 4213 4213 23932 _T
AN EQUAL OPPORTUNITY.EMPLOVER
CITY COUNCIL AGENDA DATE:
SECTION: December 5,2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Sue Kotchevar, Office of the Resolution Regulating Fees and Charges
City Manager/Finance for Business Licenses, Permits, and
Municipal Services
Requested Action
Move to:
• Adopt Resolution Regulating Fees and Charges for Business Licenses, Permits and
Municipal Services for 2006.
Synopsis
• This resolution requires approval on an annual basis.
Attachments
Reports listing changes
Fee Resolution
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
Building Inspections
Fire Alarm&Non-Water Suppression
$1 to$2,000 $69.25 $71.50
$2,001 to$26,000 $69.25 $71.50 1st$2,000 plus$14.50 each add'I
$1,000 or fraction thereof,to&
Including$25,000
$25,001 to$50,000 $391.75 $405.00 1st$25,000 plus$10.50 each
addl$1,000 or fraction thereof,to
&Including$50,000
$50,001 to$100,000 $643.75 $667.50 1st$50,000 plus$7.25 each add1
$1,000 or fraction thereof,to&
including$100,000
$100,001 to$600,000 $993.75 $1,030.00 1st$100,000 plus$5.75 each
add'I$1,000 or fraction thereof,to
&including$500,000
$500,001 to$1,000,000 $3,233.75 $3,330.00 1st$500,000 plus$4.90 each
add'i$1,000 or fraction thereof,to
&Including$1,000,000
$1,000,001&up $6,608.75 $5,780.00 1st$1,000,000 plus$3.75 each
add'I$1,000 or fraction thereof
Fire Prevention
Miscellaneous Fees $75.00 $emoo Per Minnesota State Fire Code See Attachment A for listing of
fees
Fire Prevention Permits
Burning permits $75.00 $80.o0 Per site Umit 2 days per week
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
Flammable&combustible $75.00 $80.00 Per tank Less than 1,000 gallons
liquid tank removal;
Flammable&combustible $150.00 $16o.00 Per tank Greater than 1,000 gallons
liquid tank removal;
Grease vapor removal $80.00 $t00.00 Per cleaning
system cleaning
LP gas,flammable& MOM $200.00 Per tank
combustible liquid lank
Installation
Tents/Canopy $35.00 $40.00 Per tent Residential
TentslCanopy $75.o0 $80.00 Per lent Commercial
Fire Sprinkler Systems
tv $1 to$2,000 $69.25 $71.50
$2,001 to$25,000 $69.25 $71.50 1st$2,000 plus$14.50 each add'I
$1,000 or fraction thereof,to&
Including$25,000
$25,001 to$50,000 $391.75 $405.00 1st$25,000 plus$10.50 each
add'I$1,000 or fraction thereof,to
&including$50,000
$50,001 to$100,000 $643.76 $667.50 1 st$50,000 plus$7.25 each add'I
$1,000 or fraction thereof,to&
Including$100,000
$100,001 to$500,000 $993.75 $1,030.00 1st$100,000 plus$5.75 each
add'I$1,000 or fraction thereof,to
&including$500,000
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
$500,001 to$1,000,000 $3,233.75 $3,330.00 1st$500,000 plus$4.90 each
add'I$1,000 or fraction thereof,to
&including$1,000,000
$1,000,001&up $5,608.75 $6,780.00 1st$1,000,000 plus$3.75 each
add'l$1,000 or fraction thereof
Heating&Ventilating-Job Valuation
$10,001 to$50,000 $174.00 $183.00 1st$10,000 plus$14.05 for each
add'I$1,000 or fraction thereof,to
and Including$50,000.
$50,001 and up $704.00 $745.00 1st$5000 plus$11.30 for each
additional$1,000 or fraction
thereof.
Heating&Ventilating-Other
Gas Piping $8.00 $10.00 Each opening
Reinspection $47.00 $50.00
Plumbing-Job Valuation
$10,001&up $232.50 $250.50 1st$10,000 plus 2%for amount
over$10,000
Municipal sewer $15.00 $20.0o per 100 feet
Municipal water $15.00 $2o.00 per 100 feet
Storm Sewer&sub soil $15.00 $20.00 .per 100 feet
drains
Plumbing-Other Inspections&Fees
Reinspeclion fee $47.00 $5o.00 Each
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
WaterfSewer Connection
$14,620.00 $15,060.00 A connection fee of$15,060 per
single unit is applicable if the
property has not participated In
the cost of the utilities by other
methods
Community Center
2.Annual Memberships-Non-Resident
Youth(18&under) $135.00 $140.00
5.Corporate Memberships
$750.00 $625.0o Five adult memberships Or$165.00 per adult with a To be eligible a company
minimum of five must be located in EP
Special Ice Rates-School District 272
Physical Ed classes $55.00 $65.0o Per Hour 50%of non-prime time rate
.p.
Community Center-Policy of Group Rate&
Liabilities
Lock-In-11 p.m.to 5:30 a.m.
Pool Rental $42.00 $45.00 Per hour Two hour minimum plus
$13.00/hr per lifeguard
Organized Athletics
Adult League Play
(Non youth sport teams) $22.00 $25.00 per game
Ball field Tournaments
For new soccer field for $150.00 $160.00 Per field set-up
tournament
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
Pleasant Hill Cemetery
Ground Thawing:November 1-April 1
Casket Burial $50.00 $75.00
Cremation Burial $25.00 $50.00
Internment
Casket burials $200.00 $275.00 Vault size 12 inches by 24 inches
Casket burials $225.00 $3oo.00 Vault size 12 inches by 36 inches
Casket burials $300.00 $400.00 Vault size 36 Inches by 60 Inches
Casket burials $350.00 $500.00 Vault size 48 Inches by 96 inches
Lh Cremation burials $150.00 $200.00 Urn size 12 inches and under
Cremation burials $200.00 $360.00 Um size over 12 inches
Set Grave Markers
Single $100.00 $150.00
Double $150.00 $200.00
Police
Police officer supplemental employment
$40.00 $6o.00 Per hour Minimum charge is three
hours
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
Engineering
Permit for Right-of-way excavations
Mainline Wily and $18.00 $18.50 Peril00 LF
Telecommunication
installations
Repair or Service $24.00 $25.00 Turf Area
Repair or Service $59.00 $61.00 Pavement Area
Residential Driveway $24.00 $25.00
Commercial Driveway $59.00 $61.00
All other Excavations $24.00 $25.00 Turf Area
rn
All other Excavations $59.00 $61.00 Pavement Area
Special Assessment Searches
Non-resident $16.50 $17.00 Per parcel No charge for Eden Prairie
residents on searches of their
homesteaded property
Street Signs
9 Button Delineator-Red $122.00 $126.00 Incl breakaway post&install
9 Button Delineator-Red $102.00 $1o5.00 Incl post&Install
Future Road Extension $236.00 $243.00 Incl 2 posts&install 36'x 30'
Advisory
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
Keep Right Symbol $122.00 $126.00 Ind 9 button deffn-Yellow,no post
Keep Right Symbol $146.00 $15o.00 Ind 9 button delin-Yellow,Install,
post
Keep Right Symbol $169.00 $174.00 Ind 9 button delin-Yellow,install&
breakaway post
No Outlet $112.00 $115.00 Ind post&Install 24'x 24'
No Parking $127.00 $131.00 Ind post&install Used for Tum-Around
Stop Sign $122.00 $126.00 Intl brackets,install,no post 30'x 30'
Stop Sign $146.00 $150.00 Ind brackets,install,with post 30'x 30'
Street Name Sign $202.00 $2oe.00 Ind install w112'post 6'x 6'
Street Name Sign $225.00 $232.00 Ind install w/12'post 6'x 9'
Street Name Sign $243.00 $25o.00 Ind install w112'post 9'x 9'
Weight Restrictions
Truck overweight permit fee $32.00 $33.00 Per tdp
Utilities
Storm Drainage land Use Quarterly Fee
Parks I Open Space 1 Golf $0.00 $4.14 Acre
Course
2006 Proposed Changes to the Fee Resolution
Service 2005 Fee 2006 Fee Description
User Charges
Water $1.30 $1.35 Per 1,000 gallons Subject to minimum of 4,000
gallons per quarter per R.E.C.
0
2006 Proposed Changes to the Fee Resolution - Facilities
Facility Facility Information Group 12005 2006 Group 112005 2006 Group 1112006 2006
Oak Point Pool Rental Prime Time:6 a.m.-5 p.m.,Monday- $56.50 $59.00 $56.50 $59.00 $56.50 $59.00
Saturday;and noon-5 p.m.Sunday
Oak Point Pool Rental Discount Rate:9 p.m.-11 p.m., $41.50 $44.00 $41.50 $44.00 $41.50 $44.00
Monday-Sunday
Outdoor Center/Riley- Maximum Capacity Varies $30.00 $35.00 $30.00 $35.00 $30.00 $35.00
Jacques Barn
Parking Permits for the December 1st-February 28th 2006 $150.00 $175.00 $150.00 $176.00 $150.00 $175.00
2005/2006 School Year
Parking Permits for the August 9th-November 30th 2005 $200.00 $350.00 $200.00 $350.00 $200.00 $350.00
2005/2006 School Year
Purgatory Creek Maximum Capacity Varies $180.00 $185.00 $180.00 $185.00 $180.00 $186.00
Recreation Area
Pavilion/Riley Lake
Park Pavilion
`Purgatory Creek Maximum Capacity Varies $120,00 $125.00 $120.00 $125.00 $120,00 $125.00
Recreation Area
Pavilion/Riley Lake
Park Pavilion
Staring Lake Park Sound Tech&Sound Equipment $20.00 $30.00 $20.00 $30.00 $20.00 $30.00
Amphitheatre
Swimming Pool - Nan-Prime Time:5-9 pm,Monday- $47,00 $49.00 $47.00 $49.00 $47.00 $49.00
Capacity 268 Sunday
Swimming Pool - Prime Time:6 a.m.-5 p.m.,Monday- $57.00 $59.00 $67.00 $59.00 $57.00 $59.00
Capacity 268 Saturday and noon-5 p.m.on Sundays;
Swimming Pool - Discount Rate:9-11 pm,Monday- $42.00 $44.00 $42.00 $44.00 $42.00 $44.00
Capacity 268 Sunday plus cost of lifeguards at
$13.00 per hour
2006 Proposed Changes to the Fee Resolution - Facilities
Facility Facility Information Group 12006 2006 Group 112005 2006 Group 1112005 2006
Crestwood Park $65.00 $70.00 $65.00 $70.00 $65.00 $70.00
Building/Miller Park
Building/Nesbitt Park
Building
Homeward Hills Barn/ Maximum Capacity Varies $90.00 $100.00 $90.00 $100.00 $90.00 $100.00
Round Lake Park
Building/Round Lake
Pavilion/Staring
Lake Park Building
Homeward Hills Bam/ Maximum Capacity Varies $130.00 $140.00 $130,00 $140.00 $130.00 $140,00
Round Lake Park
Building/Round Lake
Pavilion/Staring
Qke Park Building
Ice Arena-Rink#1 & Spring/Fall Prime Time:2-11 p.m., $145.00 $150.00 $146.00 $150.00 $145.00 $150.00
Rink#2 Monday-Friday,weekends,holiday,&
non-school days;$50 deposit required
with ice rental reservation
Ice Arena-Rink#1 & FaIVWinter/Spring-Non-prime time: $110.00 $130.00 $110.00 $130.00 $110.00 $130.00
Rink#2 before 2 p.m.and after 11 p.m.,
Monday-Friday;$50 deposit required
with ice rental reservation
Ice Arena-Rink#1 & Winter-Prime time:2-11 p.m., $152.50 $160.00 $152.50 $160.00 $152.50 $160.00
Rink#2 Monday-Friday,weekends,holiday,&
non-school days;$50 deposit required
with ice rental reservation
Ice Arena-Rink#1 & Summer Rate-6 a.m.to 11 p.m $110.00 $130.00 $110.00 $130.00 $110.00 $130.00
Rink#2
Oak Point Pool Rental Non-Prime Time:5 p.m.-9 p.m., $46.50 $49.00 $46.50 $49.00 $46.50 $49.00
Monday-Sunday
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2005-
A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,
PERMITS AND MUNICIPAL SERVICES
The City Council of the City of Eden Prairie resolves as follows:
Page
BusinessLicenses .......................................................................................................... 1
Office of the City Manager
CustomerService............................................................................................................4
Facilities.......................................................................................................................... 5
Finance ........................................................................................................................... 6
Community Development
Assessing........................................................................................................................ 7
BuildingInspections ........................................................................................................ 8
Parks & Recreation
CommunityCenter........................................................................................................ 12
Community Center-Policy of Group Rate & Liabilities................................................... 15
OakPoint Pool .............................................................................................................. 16
Beaches........................................................................................................................ 17
SpecialEvents .............................................................................................................. 18
OrganizedAthletics....................................................................................................... 19
Pleasant Hills Cemetery................................................................................................ 20
Community Garden Plots.............................................................................................. 21
Police............................................................................................................................ 22
Fire................................................................................................................................ 25
Public Works Services
Engineering................................................................................................................... 26
Engineering Land Development Services ..................................................................... 28
Utilities........................................................................................................................... 29
Fac
ilities Rental
Facility Rental Information ............................................................................................ 32
City Center & Community Meeting Rooms ................................................................... 33
GardenRoom............................................................................................................... 34
CommunityCenter........................................................................................................ 34
OakPoint Pool ............................................................................................................. 36
Park Facilities Rental.................................................................................................... 37
SeniorCenter............................................................................................................... 38
Attachment A— Miscellaneous Fire Fees.................................................................. 40
2006 Fee Resolution
Service Fee Description
Business License
1.Liquor- Non-Intoxicating malt liquors
On-Sale $750.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Off-Sale $150.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Investigation Fee $500.00 Initial Application
1.5 Liquor-Intoxicating Malt Liquors
Growlers $250.00 Annual Off-Sale
2.Liquor On-Sale
On-Sale $8,500.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Investigation Fee $150.00 License Change(Other than
Management Change)
Investigation Fee $500.00 Initial Application
Investigation Fee $25.00 License change-New Manager
3.Liquor On-Sale Fraternal Clubs
Liquor On-Sale $100.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Investigation Fee $25.00 License Change-New Manager
Investigation Fee $150.00 License Change(Other Than
Management Change)
Investigation $500.00 Initial Application
3.5 Liquor On-Sale Non-Fraternal Clubs
Liquor On-Sale $4,250.00 Annual
Investigation $500.00 Initial Application
Investigation Fee $150.00 License Change(Other Than
Management Change)
1
2006 Fee Resolution
Service Fee Description
Investigation Fee $25.00 License Change-New Manager
4.Liquor On-Sale Wine
On-Sale $2,000.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Investigation Fee $25.00 License Change-New Manager
Investigation Fee $150.00 License Change(Other Than
Management Change)
Investigation $500.00 Initial Application
5.Liquor Other
Temporary Beer $0.00 Requires application
Temporary Wine $0.00 Requires application
Sunday Liquor $200.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Special Events $200.00 Per Event
6.Liquor Investigation Fee
An investigation fee not to
exceed$500 shall be
charged to an applicant by
the City if investigation is
conducted within the State,
or the actual cost not to
exceed$10,000 without
prior approval,if the
investigation is required
7.Other
Bicycle $10.00
Bingo(Gambling) $0.00 Requires application
Cigarettes $250.00 Annual Per year. If less than one
year,amount will be prorated
over remaining months.
Commercial Fertilizer $50.00 Annual lstvehicle
Applicator
2
2006 Fee Resolution
Service Fee Description
Commercial Fertilizer $25.00 Annual Each Additional Vehicle
Applicator
Dog Kennels $30.00 Private Per year. If less than one Required for 3-5 animals.Must also
year,amount will be prorated purchase individual dog licenses
over remaining months.
Dog Kennels $75.00 Commercial Per year. If less than one
year,amount will be prorated
over remaining months.
Dog License $20.00 Biannual
Inspections $0.00 Plumbing No fee-State Bond/Insurance
required
Non-Profit Solicitor $0.00 Requires application
Peddlers $30.00 Annual Government issued
identification required
Raffle(Gambling) $0.00 Requires application
Refuse&Garbage $100.00 Annual 1st Vehicle
Refuse&Garbage $25.00 Annual Each Additional Vehicle
Scavengers $10.00 Annual
3
2006 Fee Resolution
Service Fee Description
Customer Service
City Code
City Code-Bound copy $100.00 Original
Chapter 11&12 $10.00
Maps and Printing
1 st map per resident No fee-distributed at customer
service desk
Each additional map $0.50 Distributed at customer service
desk
Per square foot $0.50 Miscellaneous printing
City Maps $5.00 Small size 2'x3'or less
City Maps $9.00 Large size
Overlay Composites $11.00 1/2 section Each
Mark Hurd Co.topography $12.50 per acre Previously purchased by the Except$9/sheet if topo map
map city purchased by other than City and
with original purchasers permission.
New order through Mark Hurd Co:
their original charge plus$.50/acre
CD ROM specifications $20.00
City Council agendas $24.00 Annual Pro-rated
City Council minutes $75.00 Annual Pro-rated
Duplicating costs $0.25 Per page Plus postage,if any
Planning Commission $24.00 Annual Pro-rated
agendas
Planning Commission minutes $50.00 Annual Pro-rated
Video tape of council& $5.00 Per tape Plus postage
commission meetings
4
2006 Fee Resolution
Service Fee Description
Facilities
Audio-Visual Equipment
Dry Erase Board(3'x5')with $7.50
markers
Easel $5.00
Extra pad of paper $12.00 Each
Flipchart/Dry Erase $10.00
(24"x30")with paper
Microphone/stand&speakers $15.00
Microphone,wireless clip-on $20.00
and speakers
Overhead projector $15.00
Podium,floor model $7.50
Podium,table top model $5.00
Slide projector with carousel $15.00
Screen,projection(tripod $10.00
stand)6'x6'
TVNCR on cart $15.00
Building Supervisor
Monday-Thursday,5:00 p.m. $5.00 Per hour
-10:00 P.M.
Weekends $10.00 Per hour
Custodial
Time and a half will be $25.00 Per hour
charged on weekends
5
2006 Fee Resolution
Service Fee Description
Finance
Tax Exempt Financing Charge
Application fee $2,000.00 Per transaction
Annual fee 1/8 of 1%on the unpaid principal This resolution has no effect This charge is effective for all new
balance at the end of each 12- on projects currently projects receiving council
month period responsible for a fee authorization on or after March 1,
pursuant to Resolution No. 1991 for the issuance of revenue
85-135 and its subsequent authorization and for all existing
projects which require council
authorization on or after March 1,
1991
6
2006 Fee Resolution
Service Fee Description
Assessing
1. Value Abatement
Per parcel $25.00 Per year
2. Copy of Appraisal/Field Card
$2.00
3. Electronic Copies of Data Bases
Basic set-up charge $300.00 Prepayment required for all set-up Includes$100.00 for LOGIS
charges
Plus $0.05 Per record
Plus media charge At actual cost
4. Printed Copies of Reports or Databases
Plus $0.25 Per page
Basic set-up charge $200.00 Prepayment required for all set-up
charges
5. Electronic Copies of Reports
Basic set-up charge $200.00 Prepayment required for all set-up
charges
Plus $0.05 Per record
7
2006 Fee Resolution
Service Fee Description
Building Inspections
Fire Alarm&Non-Water Suppression
$1 to$2,000 $71.50,
$2,001 to$25,000 $71.50 1st$2,000 plus$14.50 each add'I
$1,000 or fraction thereof,to&
including$25,000
$25,001 to$50,000 $405.00 1st$25,000 plus$10.50 each
add'I$1,000 or fraction thereof,to
&including$50,000
$50,001 to$100,000 $667.50 1st$50,000 plus$7.25 each add'I
$1,000 or fraction thereof,to&
including$100,000
$100,001 to$500,000 $1,030.00 1st$100,000 plus$5.75 each
add'I$1,000 or fraction thereof,to
&including$500,000
$500,001 to$1,000,000 $3,330.00 1st$500,000 plus$4.90 each
add'I$1,000 or fraction thereof,to
&including$1,000,000
$1,000,001&up $5,780.00 1st$1,000,000 plus$3.75 each
add'I$1,000 or fraction thereof
Plan Checking 65%of the building permit fee if
valuation is greater than$2,000
Fire Prevention
Miscellaneous Fees $80.00 Per Minnesota State Fire Code See Attachment A for listing of
fees
Fire Prevention Permits
Burning permits $80.00 Per site Limit 2 days per week
Fireworks $25.00 Plus standby firefighters at present
hourly rate. Rates set by the State
Fireworks Sales Maximum rate set by the State
Flammable&combustible $80.00 Per tank Less than 1,000 gallons
liquid tank removal;
Flammable&combustible $160.00 Per tank Greater than 1,000 gallons
liquid tank removal;
Grease vapor removal $100.00 Per cleaning
system cleaning
8
2006 Fee Resolution
Service Fee Description
LP gas,flammable& $200.00 Per tank
combustible liquid tank
installation
LP gas tank(temporary heat) $75.00 Per tank
Special Hazard Permit-MUFC $150.00 Maximum of 3 per site
Article 4
Tents/Canopy $40.00 Per tent Residential
Tents/Canopy $80.00 Per tent Commercial
Fire Sprinkler Systems
$1 to$2,000 $71.50
$2,001 to$25,000 $71.50 1st$2,000 plus$14.50 each add'I
$1,000 or fraction thereof,to&
including$25,000
$25,001 to$50,000 $405.00 1st$25,000 plus$10.50 each
add'I$1,000 or fraction thereof,to
&including$50,000
$50,001 to$100,000 $667.50 1st$50,000 plus$7.25 each add'I
$1,000 or fraction thereof,to&
including$100,000
$100,001 to$500,000 $1,030.00 list$100,000 plus$5.75 each
add'I$1,000 or fraction thereof,to
&including$500,000
$500,001 to$1,000,000 $3,330.00 list$500,000 plus$4.90 each
add'I$1,000 or fraction thereof,to
&including$1,000,000
$1,000,001&up $5,780.00 1st$1,000,000 plus$3.75 each
add'I$1,000 or fraction thereof
Plan Checking 65%of the building permit fee if
valuation is greater than$2,000
Heating&Ventilating-Job Valuation
0 to$1,000 $30.00
$1,001 to$10,000 $30.00 1st$1,000 plus$1.70 for each
add'I$100 or fraction thereof,to
and including$10,000.
9
2006 Fee Resolution
Service Fee Description
$10,001 to$50,000 $183.00 1st$10,000 plus$14.05 for each
add'I$1,000 or fraction thereof,to
and including$50,000.
$50,001 and up $745.00 1st$50,000 plus$11.30 for each
additional$1,000 or fraction
thereof.
Heating&Ventilating-Other
Gas Piping $10.00 Each opening
Reinspection $50.00
Investigation fee Equal to the amount of permit fee
(charges for work started w/o a
permit)
Moving a Building
Moving a building $250.00 $1,000 deposit each from the
owners of the building and
building mover.
Moving a garage only $50.00 $1,000 deposit each from the
owners of the building and
building mover.
Plumbing-Job Valuation
Residential Appliance Only- $15.00 Minimum
5%Labor Cost
$0-$1,000 $30.00 Minimum
$1,001-$10,000 $30.00 1st$1,000 plus 2.45%for amount
over$1,000 to&including$10,000
$10,001&up $250.50 1st$10,000 plus 2%for amount
over$10,000
For each openings on gas $10.00
Inside change over-sewer, $15.00
water or both
Meter inspection $15.00
Municipal sewer $20.00 per 100 feet
Municipal water $20.00 per 100 feet
10
2006 Fee Resolution
Service Fee Description
Storm Sewer&sub soil $20.00 per 100 feet
drains
Sewage disposal $150.00
Plumbing-Other Inspections&Fees
Reinspection fee $50.00 Each
Investigation fee-all work Equal to the amount of permit fee
started without a permit
Septic System Pumping
$20.00
System Access Charges-Utility Charges
For Metro sanitary sewer as
established by the Metropolitan
Waste Commission
System Access Charges-Utility Charges
Sanitary Sewer
Residential $520.00 Per R.E.C.
Industrial, Public, Office $895.00 Per Metro SAC
Commercial $1,270.00 Per Metro SAC
System Access Charges-Utility Charges Water
Residential $2,190.00 Per R.E.C.
Industrial,Public,Office $2,830.00 Per Metro SAC
Commercial $3,470.00 Per Metro SAC
Water/Sewer Connection
$15,060.00 A connection fee of$15,060 per
single unit is applicable if the
property has not participated in
the cost of the utilities by other
methods
11
2006 Fee Resolution
Service Fee Description
Community Center
1.Annual Memberships-Resident
Youth(18&under) $110.00 A residents either lives or
works in Eden Prairie.Valid
for 12 months from date of
purchase
Adult 19-54 $185.00
Senior(55&over) $110.00 Senior citizens receive 25% Senior Citizens are not required to
off the cost of all individual have a membership at the Community
Comm.Center recreation Center in order to receive the 25%
programs offered by the City discount on Community Center
of EP to include:lessons, Recreation Programs
classes,open swim,open
skate,racquetball,and the
fitness center.
Senior Dual Household $130.00
Household $265.00
2.Annual Memberships-Non-Resident
Youth(18&under) $140.00
Adult(19-54) $240.00
Senior(55&over) $140.00
Senior Dual Household $170.00
Household $340.00
3. Three Month Memberships-Resident
Youth(18&under) $40.00
Adult(19-54) $65.00
Senior(55&over) $40.00
Senior Dual Household $45.00
Household $95.00
12
2006 Fee Resolution
Service Fee Description
4. Three Month Memberships-Non-Resident
Youth(18&under) $50.00
Adult(19-54) $85.00
Senior(55&over) $50.00
Senior Dual Household $60.00
Household $120.00
5.Corporate Memberships
$825.00 Five adult memberships Or$165.00 per adult with a To be eligible a company must be
minimum of five located in EP
Equipment Rental
Free to Eden Prairie non
profit service organization
groups.
Ice Skates $1.50 Per pair
Overhead Projector $15.00 Peruse
Projector Screen $10.00 Per use
Racquetball Racquets $2.00 Per racquet
TVNCR Cabinet $15.00 Peruse
Fitness Center
Non-member individual use $5.00 Peruse Members free Must be age 14 and up to use
Fitness Center
Rental of entire space $50.00 Per hour
Individual Open Swim
Tot(ages 4&under) $2.00 Non Member Members free Children under the age of 7 must be
accompanied by an adult in the
Youth(ages 5 to 18) $3.00 Non Member Members free
Adult(ages 19 to 54) $3.50 Non Member Members free
Senior(55&over) $3.00 Non Member Members free
13
2006 Fee Resolution
Service Fee Description
Family $10.00 Non Member Members free Maximum of four family members
Lifeguards
$13.00 Per hour Lifeguards must be added as
follows at the rate of$14/hour
One to 50 swimmers Second lifeguard required
51-100 swimmers Third lifeguard required
101 or greater Additional lifeguards will be
determined by management
depending on group size and age
Lockers
There is no charge,but
members/guests must provide their
own lock
Special Ice Rates-Individual open skate
Tot(ages 4&under) $2.00 Non Members Members free
Youth(ages 5 to 18) $3.00 Non Members Members free
Adults(ages 19 to 54) $3.50 Non Members Members free
Senior(55&over) $3.00 Non Members Members free
Family $10.00 Non Members Members free Maximum of four family members
Special Ice Rates-School District 272
Physical Ed classes $65.00 Per Hour 50%of non-prime time rate
Hockey Games Prime time rate Personnel required to run the City keeps the gate minus ice time
games supplied by others and personal costs
Special Pool Rates
EP School Dist 272- Based on prime time rate for 5,490
physical ed classes total square feet
Lifeguard training class with $95.00 Per student($1,000 minimum) When course is conducted by
EP School Phy Ed Dept City Staff
Swim Meets $57.00 Per hour
14
2006 Fee Resolution
Service Fee Description
Community Center-Policy of Group Rate&
Liabilities
Group Rentals
Tot(ages 4&under) $2.00 Groups of 30 or greater will be Groups of 100 or greater will
charged the following for open be charged the following with
swim or open skate fees with room or without room rental.
rental.
Youth(ages 5 to 18) $3.00
Adult(ages 19-54) $3.00
Senior(ages 55&over) $2.00
Family $9.00 Maximum of 4 family members
Lock-In-11 p.m.to 5.30 a.m.
Lock-in groups will be Supervision will be at the discretion
charged an additional$1 per of the Community Center
person for groups greater management. This will be based on
than 150. Personal costs the number of people to be using the
above stated rates include center,as well as the age and type
one building supervisor. of group.
Fitness Center $50.00 Per hour
Ice Rental $60.00 Per hour Minimum charge of two hours
Individual Room Use-Room A $20.00 Per hour
Lifeguards $13.00 Per hour 1 to 50 participants-2 100 plus participants-4 lifeguards
lifeguards required51 to 100 required. Additional lifeguards
participants-3 lifeguards determined by management
required depending on group size and ages.
Pool Rental $45.00 Per hour Two hour minimum plus
$13.00/hr per lifeguard
Racquetball courts-3 per $40.00 Per hour Minimum charge of two hours Each court$15 hour for individual use
hour
Room Rental-Meeting $200.00 Maximum
Rooms A
15
2006 Fee Resolution
Service Fee Description
Oak Point Pool
Oak Point Pool Rental-Lifeguards(Pool Rental in
Addition to These Fees)
Small Slide Pool rental only $39.00 Per hour for three lifeguards Requires a minimum of three Additional lifeguards will be
lifeguards determined by management
depending on group size and age
Large Pool rental only $26.00 Per hour for two lifeguards Requires a minimum of 2 Based on non-holiday hours
lifeguards
Rental of entire pool facility $65.00 Per hour for five lifeguards Requires a minimum of 5
lifeguards
16
2006 Fee Resolution
Service Fee Description
Beaches
Boat&Marina Rental
Canoe Rack Storage $45.00 Per Rack Per Season
17
2006 Fee Resolution
Service Fee Description
Special Events
Use of City Sound System at Staring Lk
Amphitheatre
Rental Rate For $50.00 Per hour Minimum of 2 hours Requires audio technician and use
Amphitheatre of City sound system,when sound
equipment is needed.
Audio Technician $30.00 Per hour When required to monitor or
run sound
18
2006 Fee Resolution
Service Fee Description
Orcianized Athletics
Adult League Play
(Non youth sport teams) $25.00 per game
Ball field Toumaments
State,Regional,and $85.00 Per day,per field
National Tournaments
Additional charge when $5.00 Per day,per field
lights are used
Other youth and adult $85.00 Per day,per field
tournaments
For new soccer field for $160.00 Per field set-up
tournament
Clinics and Camps
$35.00 per field,per day
19
2006 Fee Resolution
Service Fee Description
Pleasant Hill Cemetery
Ground Thawing:November 1-April 1
Casket Burial $75.00
Cremation Burial $50.00
Internment
Casket burials $275.00 Vault size 12 inches by 24 inches
Casket burials $300.00 Vault size 12 inches by 36 inches
Casket burials $400.00 Vault size 36 inches by 60 inches
Casket burials $500.00 Vault size 48 inches by 96 inches
Cremation burials $200.00 Urn size 12 inches and under
Cremation burials $350.00 Um size over 12 inches
Lot
Resident $400.00 20%Perpetual Care&80%
Maintenance
Non-resident $600.00
Set Grave Markers
Single $150.00
Double $200.00
20
2006 Fee Resolution
Service Fee Description
Community Garden Plots
20 foot by 30 foot plot
Residents only $25.00 Senior citizen discount$10.00
20 foot by 60 foot plot
Residents only $50.00 Senior citizen discount$10.00
21
2006 Fee Resolution
Service Fee Description
Police
Bicycle License
$10.00
Data Processing
Duplicating,audio recording $10.00
Duplicating,documentation $0.25 Per standard page
Standard reports $20.00
Non-standard report $50.00 Per hour Minimum charge is one hour
Dogs
Impounding $30.00 1st Offense Year
Impounding $50.00 2nd Offense Year
Impounding $100.00 3rd Offense Year
Boarding $11.0o Daily
Euthanasia $30.00
False alarm fee
4th false alarm $100.00 Each user is allowed three false
alarms per calendar year without
penalty
5th false alarm $200.00
6th&up false alarm $300.00
Hunting&Trapping
Landowner $0.0o free
Resident $5.00
Non-resident $10.00
Other
Photograph,other $10.00 Plus actual cost
22
2006 Fee Resolution
Service Fee Description
Postage $0.00 Actual cost
Pawn Shops
Annual fee $10,000.00
Investigation fee $1,5oo.00 An investigation fee not to exceed
$1,500 shall be charged by the
City if the investigation is
conducted within the State,or the
actual cost not to exceed$10,000
without prior written approval if the
investigation is required outside
the State
Photograph,booking
Standard $20.00
Digital image $10.00
Police officer supplemental employment
$60.00 Per hour Minimum charge is three
hours
Radio Service
Radio Maintenance $6.00 Monthly Mobile Radio
Radio Maintenance $78.o0 Annual Mobile Radio
Radio Maintenance $6.00 Monthly Portable Radio
Radio Maintenance $72.00 Annual Portable Radio
Radio Maintenance $5.00 Monthly Telemetry Radio
Radio Maintenance $60.00 Annual Telemetry Radio
Radio Maintenance $5.00 Monthly Telemetry Interface
Radio Maintenance $60.00 Annual Telemetry Interface
Labor Charges $5o.00 Regular hours Installation
Labor Charges $75.00 Nights/Weekends Installation
Labor Charges $5o.00 Regular hours Non-included services
23
2006 Fee Resolution
Service Fee Description
Labor Charges $75.00 NightsMeekends Non-included services
Reports
Non-resident $3.00 First two pages
Non-resident $0.25 Additional pages
Resident $0.00 Free to residents
Transcribe,Audio Tape
$25.00 Per hour Minimum charge is one hour
24
2006 Fee Resolution
Service Fee Description
Fire
Engin Company $150.00 Hour Fees will be imposed on any
response in which the victim is
not an Eden Prairie taxpayer
Ladder Company $200.00 Hour
Rescue,Grass Rig,or $100.00 Hour
Rescue Boat
Specialized Personnel Chief $50.00 Hour
Officer,Investigator
Tools/supplies used At cost
Firefighter supplemental $35.00 Per 3 hour block Minimum charge of three hours
employment
25
2006 Fee Resolution
Service Fee Description
Engineering
Permit for Right-of-way excavations
Mainline Utility and $18.50 Per/100 L.F
Telecommunication
Installations
Repair or Service $25.00 Turf Area
Repair or Service $61.00 Pavement Area
Residential Driveway $25.00
Commercial Driveway $61.00
All other Excavations $25.00 Turf Area
All other Excavations 61.00 Pavement Are
a
ea
Special Assessment Searches
Non-resident $17.00 Per parcel No charge for Eden Prairie
residents on searches of their
homesteaded property
Street Signs
9 Button Delineator-Red $126.00 Incl breakaway post&install
9 Button Delineator-Red $105.00 Incl post&install
Future Road Extension 243.00 Incl 2 is&install 36"x 30"
$ posts
Advisory
Keep Right Symbol $126.00 Incl 9 button delin-Yellow,no post
Keep Right Symbol $150.00 Incl 9 button delin-Yellow,install,
post
Keep Right Symbol $174.00 Incl 9 button delin-Yellow,install&
breakaway post
No Outlet $115.00 Incl post&install 24"x 24"
No Parking $131.00 Incl post&install Used for Turn-Around
Stop Sign $126.00 Incl brackets,install,no post 30"x 30"
26
2006 Fee Resolution
Service Fee Description
Stop Sign $150.00 Ind brackets,install,with post 30"x 30"
Street Name Sign $208.00 Ind install w/12'post 6"x 6"
Street Name Sign $232.00 Ind install w/12'post 6"x 9"
Street Name Sign $250.00 Incl install w/12'post 9"x 9"
Temporary Street Name Sign $150.00 Plus 15%surcharge for
maintenance until permanent
signs in place
Weight Restrictions
Truck overweight permit fee $33.00 Per trip
27
2006 Fee Resolution
Service Fee Description
Engineering-Land Development Services
Street Lighting Fee
For new subdivisions Charged at prevailing NSP rates
and collected for 36 months at time
of final plat
28
2006 Fee Resolution
Service Fee Description
Utilities
Fire Hydrant UseNeter for Construction and
Irrigation
Permit $30.00
Fire Hydrant damage $200.00 Applied to the final bill
3"meter deposit $400.00 Refundable
All other meter deposits $1 oo.00 Refundable
Lawn Irrigation Restrictions
$25.00 First occurrence Surcharges for non-
compliance with lawn
irrigation restrictions and
prohibitions
$50.00 Second occurrence Surcharges for non-
compliance with lawn
irrigation restrictions and
prohibitions
$1 oo.00 Third occurrence Surcharges for non-
compliance with lawn
irrigation restrictions and
prohibitions
$200.00 Fourth occurrence Surcharges for non-
compliance with lawn
irrigation restrictions and
prohibitions
$300.00 Fifth&subsequent occurrences Surcharges for non-
within a two year period compliance with lawn
irrigation restrictions and
prohibitions
New Construction Coli form Bacteria Resampling
T&M-Based on actual laboratory
costs,employee time and utility
truck rental rates. These costs are
above and beyond the initial
sampling costs and are directed at
projects that has multiple failures
New Construction Mechanical Reinspections
T&M-Directed at projects that
require multiple visits to complete
initial inspection.Same criteria as
soli form resampling
29
2006 Fee Resolution
Service Fee Description
Storm Drainage Land Use Quarterly Fee
Single-Family Homes $3.00 Each
Multi-family/Apartments $29.70 Acre
Industrial $29.70 Acre
Commercial/Office $38.07 Acre
Institutions $33.66 Acre
Airport/Landfill $7.38 Acre
Parks/Open Space/Golf $4.14 Acre
Course
Undeveloped Land $10.00 Each
User Charges
Sanitary Sewer $1.95 Per 1,000 gallons Subject to minimum of 4,000 Penalty for billed charges:1%per
gallons per quarter per R.E.C. month on account not paid within 30
days of billing
Water $1.35 Per 1,000 gallons Subject to minimum of 4,000
gallons per quarter per R.E.C.
A residential equivalent The min.monthly use charge for uses
connection(R.E.C.)is one other than residential shall be the
dwelling unit same as 1 R.E.0
Each R.E.C.will be billed: $12.50 Per quarter Fixed charges are billed on the
$6.25 fixed charge for water greater of the number of R.E.C.'s on
and$6.25 fixed charge for connections
sewer
Unmetered residential sewer $26.00
only use charges$26 per
quarter per R.E.C.plus a
$6.25 fixed charge
Administrative Fee $40.00 Flat charge is added to the current
balance due to obtain the total
certified amount
30
2006 Fee Resolution
Service Fee Description
Water Conservation Surcharge
Residential customers are subject
to water conservation surcharge
of$1.00 per 1,000 gallons for
usage exceeding 150%of winter
quarter use or 36,000 gallons per
quarter,whichever is greater,not
to exceed$100.00.
Water Flow Test for 5/8"Meters
$25.00 When consumption is challenged
by a customer&the meter is
accurate
Water Service Turn On/Off
$25.00 After initial turn on,any non-
emergency on/off request by a
commercial lending institution,
government agency(HUD),or
private property management
service
Water Softening&Filtering
$0.00 No fee-State license required
31
Fee Resolution Facility
Priority Rental Classifications:
A. City Government - Any activity related to the operations of Eden Prairie's City Government
including, but not limited to, City Council, Board and Commission meetings, City programs and
events, City sponsored public meetings, as well as State and County related committees, including
Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be
included as the City's non-profit social services/food shelf agency. This group will not be charged.
B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School
District 272, public agencies and Eden Prairie based civic groups, religious organization, youth
organization and other groups which contribute to the well being and betterment of the community. A
civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its
membership roster residing in the City.
C. Community Group II - Eden Prairie based businesses and commercial organizations and Eden
Prairie residents who wish to use the facilities for personal use, such as family gatherings, parties,
etc.
D. Non-Community Group III - Non-resident individuals and groups.
Eden Prairie residents and businesses may not make reservations for non-Eden Prairie
residents and businesses.
City Rental Facilities:
Amphitheatre - located at Staring Lake Park
City Center- meeting rooms, conference rooms, a traditional training room, and the Council Chambers
Community Center - ice arenas; standard size rink and Olympic size rink, meeting rooms,
racquetball/Wally ball courts, and swimming pool
Outdoor Center- located at Staring Lake Park
Park Pavilions & Shelters - Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake
Park Shelter, Staring Lake Park Shelter, Miller Park Shelters, Nesbitt Park Shelter, Riley Lake
Shelter, Purgatory Creek Recreation Area Shelter, and Crestwood Park Shelter.
Senior Center - community room, meeting rooms, and the wood shop (available with supervision
according to wood shop regulations)
Warming Houses - located throughout the City
32
2006 Fee Resolution- Facilities
Facility Facility Information Fee Group1 Fee Group2 Fee Group3
City Center& Community Meeting Rooms
All rooms must be vacated Standard room set up is
by 10:00 p.m. The included in the fee. Additional
heritage room is an official set up charges will be incurred
emergency shelter for the for special room arrangements.
City Center. Reservations $25.00 for the heritage room
may be rescheduled or (one quarter). $50.00 for the
canceled in case of heritage room(half)and
emergency. Reservation $100.00 for the heritage room
fees will be returned
accordingly.
Atrium I Conference Room Standard Conference= 10;After $10.00 Hour $15.00 Hour $20.00 Hour
4:30-10p.m.;Mon-Fri; Limited $15.00 $20.00
availability;City priority
Atrium II Conference Room Standard Conference=6;After $10.00 Hour $15.00 Hour $20.00 Hour
4:30-10p.m.; Mon-Fri; Limited $15.00 $20.00
availability;City priority
Atrium III Conference Standard Conference= 10;After $10.00 Hour $15.00 Hour $20.00 Hour
4:30-10p.m.;Mon-Fri; Limited $15.00 $20.00
availability;City priority
Council Chamber Restricted Use;Standard set-up; $50.00 Hour-restricted $60.00 Hour- $75.00 Hour-restricted
No food/beverages;AV use $60.00 restricted use $75.00 use
Technician required,w/extra
charge
Heritage Room(half) Maximum capacity= 100 $25.00 Hour $35.00 Hour $45.00 Hour
Heritage Room(one Limited Set-up; Maximum $15.00 Hour $25.00 Hour $35.00 Hour
quarter) capacity=40 $25.00 $35.00
Heritage Room(whole) Maximum Capacity=200 $40.00 Hour $50.00 Hour $75.00 Hour
33
2006 Fee Resolution- Facilities
Facility Facility Information Fee Group1 Fee Group2 Fee Group3
Lower Atrium Maximum capacity= 100. $25.00 Hour $35.00 Hour $45.00 Hour
Limited availability;After 4:30- $35.00 $45.00
10p.m.; Mon-Fri;w/special
arrangements
Prairie Room Standard conference= 18;after $10.00 Hour $15.00 Hour $20.00 Hour
4:30-10p.m.; Mon-Fri; Limited $15.00 $20.00
availability;City priority
Garden Room
Garden Room $0.00 With meal $300.00 First 4 hours $400.00 First 4 hours
service-
Catering charge
only
Garden Room $0.00 With meal $50.00 Each $75.00 Each additional
service- additional hour, plus
Catering charge hour, plus catering charge
only catering charge
Community Center
Eden Prairie Associations Request must be submitted to
will be charged$15.00/hr Community Center Manager or
for team parties/activities Customer Service
where food and beverages Representative a minimum of
are provided as part of the two weeks prior to requested
activity. Group I will still be date. Times and dates must not
charged$5.00/hr for all conflict with an existing
other meetings. program or activity. City
programs have priority
Eden Prairie Athletic For Group 11 and Group III,
Associations receive one discounted meeting rooms are
free meeting room use per avail.7:00 am to 3:00 pm,Tues
month. to Thur.
34
2006 Fee Resolution- Facilities
Facility Facility Information Fee Group1 Fee Group2 Fee Group3
Ice Arena-Rink#1 &Rink Spring/Fall Prime Time:2-11 $150.00 Hour Prime $150.00 Hour Prime $150.00 Hour Prime Time
p.m., Monday-Friday, Time(Sept 1 - $150.00 Time(Sept 1 - $150.00 (Sept 1 -Sept 30)
weekends, holiday,&non-school Sept 30)&(Mar Sept 30)& &(Mar 1 -June
days;$50 deposit required with 1 -June 13) (Mar 1 -June 13)
ice rental reservation 13)
Ice Arena-Rink#1 &Rink Fall/Winter/Spring-Non-prime $130.00 Hour Non-prime $130.00 Hour Non- $130.00 Hour Non-prime
time:before 2 p.m.and after 11 time(Sept 1 - $130.00 prime time $130.00 time(Sept 1 -
p.m., Monday-Friday;$50 June 13) (Sept 1 -June June 13)
deposit required with ice rental 13)
reservation
Ice Arena-Rink#1 &Rink Winter-Prime time:2-11 p.m., $160.00 Hour Prime $160.00 Hour Prime $160.00 Hour Prime Time
Monday-Friday,weekends, Time(Oct 1 - $160.00 Time(Oct 1 - $160.00 (Oct 1 -Feb 29)
holiday,&non-school days; $50 Feb 29) Feb 29)
deposit required with ice rental
reservation
Ice Arena-Rink#1 &Rink#2 Summer Rate-6 a.m.to 11 p.m $130.00 Summer Time $130.00 Summer Time $130.00 (June 14-Aug
(June 14-Aug (June 14-
31) Aug 31)
Meeting Room-Upper 7:00 a.m.to 3:00 p.m..Tues $0.00 No charge $5.00 Hour $10.00 Hour
Lobby Discounted Group II through Thurs.User group must $5.00 $10.00
and III Rates: purchase room for minimum of
30-hour time block. Each time
block must be a minimum of 2
hours in length. Request must
be submitted to Community
Center Manager or Customer
Service Represent
Meeting Room A&B Discounted Group Rates $5.00 Hour $10.00 Hour $20.00 Hour
Meeting Room A&B Eden Prairie Athletic $5.00 Hour $20.00 Hour $25.00 Hour
Associations receive one free $20.00 $25.00
meeting room use per month at
no charge
35
2006 Fee Resolution- Facilities
Facility Facility Information Fee Groupl Fee Group2 Fee Group3
Parking Permits for the August 9th-November 30th 2005 $350.00 $350.00 $350.00
2005/2006 School Year $350.00 $350.00
Parking Permits for the December 1st-February 28th $175.00 $175.00 $175.00
2005/2006 School Year 2006 $175.00 $175.00
Parking Permits for the March 1st-June 10th 2006 $100.00 $100.00 $100.00
2005/2006 School Year $100.00 $100.00
Racquetball Free with membership $5.00 Hour per person $5.00 Hour per person $5.00 Hour per person
Swimming Pool - Discount Rate:9-11 pm, $44.00 Hour-Jan 1 to $44.00 Hour-Jan 1 to $44.00 Hour-Jan 1 to
Capacity 268 Monday-Sunday plus cost of Dec 31 $44.00 Dec 31 $44.00 Dec 31
lifeguards at$13.00 per hour
Swimming Pool - Prime Time:6 a.m.-5 p.m., $59.00 Hour-Jan 1 to $59.00 Hour-Jan 1 to $59.00 Hour-Jan 1 to
Capacity 268 Monday-Saturday and noon-5 Dec 31 $59.00 Dec 31 $59.00 Dec 31
p.m.on Sundays;
Swimming Pool - Non-Prime Time:5-9 pm, $49.00 Hour-Jan 1 to $49.00 Hour-Jan 1 to $49.00 Hour-Jan 1 to
Capacity 268 Monday-Sunday Dec 31 $49.00 Dec 31 $49.00 Dec 31
Wallyball Members no charge. Non- $15.00 Maximum per $15.00 Maximum per $15.00 Maximum per
member-$5.00/Hour per person hour $15.00 hour $15.00
Oak Point Pool
Lifeguards must be added Additional lifeguards will be
as follows at the rate of determined by management
$13.00 an hour; small depending on group size and
slide pool rental only- age.
minimum 3 lifeguards,
large pool rental only-
minimum of 2 lifeguards,
rental of entire pool facility
-minimum of 5 lifeguards
36
2006 Fee Resolution- Facilities
Facility Facility Information Fee Groupl Fee Group2 Fee Group3
Oak Point Pool Rental Prime Time: 6 a.m.-5 p.m., $59.00 Hour-Jan 1 to $59.00 Hour-Jan 1 to $59.00 Hour-Jan 1 to
Monday-Saturday;and noon-5 Dec 31 $59.00 Dec 31 $59.00 Dec 31
p.m.Sunday
Oak Point Pool Rental Non-Prime Time:5 p.m.-9 $49.00 Hour-Jan 1 to $49.00 Hour-Jan 1 to $49.00 Hour-Jan 1 to
p.m., Monday-Sunday Dec 31 $49.00 Dec 31 $49.00 Dec 31
Oak Point Pool Rental Discount Rate:9 p.m.-11 p.m., $44.00 Hour-Jan 1 to $44.00 Hour-Jan 1 to $44.00 Hour-Jan 1 to
Monday-Sunday Dec 31 $44.00 Dec 31 $44.00 Dec 31
Sunday rentals require an For Sunday rental of the entire
additional$31.50/hr. pool,an additional$55.00/hr.is
maintenance fee for the required.
rental of 6 lanes of the pool.
Park Facilities Rental
All parks Free to Eden Prairie Non-Profit
Service Organization Groups
All parks $200 deposit required
All parks Eden Prairie School District
Programs Charged Only Direct
Cost
All parks No private group of over 300 will
be allowed to reserve facilities
at any park.(Maximum number
at Staring Park will be 150.)
Crestwood Park Building/ $70.00 Full day $70.00 Full day $70.00 Full day
Miller Park Building/ $70.00 $70.00
Nesbitt Park Building
37
2006 Fee Resolution- Facilities
Facility Facility Information Fee Group1 Fee Group2 Fee Group3
Homeward Hills Barn/ Maximum Capacity Varies $140.00 Full day $140.00 Full day $140.00 Full day
Round Lake Park Building/ $140.00 $140.00
Round Lake Pavilion/
Staring Lake Park Building
Homeward Hills Barn/ Maximum Capacity Varies $100.00 1/2 day $100.00 1/2 day $100.00 1/2 day
Round Lake Park Building/ $100.00 $100.00
Round Lake Pavilion/
Staring Lake Park Building
Outdoor Center/Riley- Maximum Capacity Varies $35.00 Hour-2 hour $35.00 Hour-2 hour $35.00 Hour-2 hour
Jacques Barn minimum $35.00 minimum $35.00 minimum
Purgatory Creek Recreation Maximum Capacity Varies $185.00 Full day $185.00 Full day $185.00 Full day
Area Pavilion/Riley Lake $185.00 $185.00
Park Pavilion
Purgatory Creek Recreation Maximum Capacity Varies $125.00 1/2 day $125.00 1/2 day $125.00 1/2 day
Area Pavilion/Riley Lake $125.00 $125.00
Park Pavilion
Staring Lake Park Sound Tech&Sound $30.00 Hour-2 hour $30.00 Hour-2 hour $30.00 Hour-2 hour
Amphitheatre minimum $30.00 minimum $30.00 minimum
Staring Lake Park Maximum Capacity Varies $50.00 Hour-2 hour $50.00 Hour;2 hour $50.00 Hour;2 hour
Amphitheatre minimum $50.00 minimum $50.00 minimum
Warming Houses/ Supervision required $10.00 Hour-2 hour $30.00 Hour-2 hour $30.00 Hour-2 hour
December 15-March 1 minimum $30.00 minimum- $30.00 minimum-
Includes Includes Attendant
Attendant
Senior Center
Senior Center Rental Maximum capacity approx.90 $25.00 Hour $25.00 Hour $25.00 Hour
Community Room theatre style,50 table seating $25.00 $25.00
with use of pool table and piano
38
2006 Fee Resolution- Facilities
Facility Facility Information Fee Group1 Fee Group2 Fee Group3
Senior Center Rental Approx. 15 people with use of $15.00 Hour $15.00 Hour $15.00 Hour
Kitchen appliances $15.00 $15.00
Senior Center Rental Approx.20 with use of big $10.00 Hour $10.00 Hour $10.00 Hour
Lounge screen TV plus VCR/DVD $10.00 $10.00
Senior Center Rental Room Approx.40 people theater style, $15.00 Hour $15.00 Hour $15.00 Hour
201 25 to 30 table seating $15.00 $15.00
Senior Center Rental Room Approx.25 people theater style, $10.00 Hour $10.00 Hour $10.00 Hour
203 15 to 20 table seating $10.00 $10.00
Senior Center Rental Room Approx. 10 to 15 $5.00 Hour $5.00 Hour $5.00 Hour
209 $5.00 $5.00
39
Attachment A
Permits from the Minnesota State Fire Code (MSFC) covered under the "miscellaneous"fee
category on the fee resolution.
Operational Permits
Aerosol products.An operational permit is required to manufacture, store or handle an
aggregate quantity
of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
Amusement buildings. An operational permit is required to operate a special amusement
building.
Aviation facilities.An operational permit is required to use a Group H or Group S occupancy
for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by
other sections of this code include, but are not limited to, hot work, hazardous materials and
flammable or combustible finishes.
Battery systems.A permit is required to install stationary lead-acid battery systems having a
liquid capacity of more than 50 gallons (189 Q.
Carnivals and fairs. An operational permit is required to conduct a carnival or fair.
Cellulose nitrate film.An operational permit is required to store, handle or use cellulose nitrate
film in a
Group A occupancy.
Combustible dust-producing operations. An operational permit is required to operate a grain
elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium,
spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.
Combustible fibers. An operational permit is required for the storage and handling of
combustible fibers in quantities greater than 100 cubic feet(2.8 m3).
Exception: A permit is not required for agricultural storage.
Compressed gases. An operational permit is required for the storage, use or handling at
normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed
in Table 105.6.9.
Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the
vehicle.
Covered mall buildings.An operational permit is required for:
-1. The placement of retail fixtures and displays, concession equipment, displays of highly
combustible goods and similar items in the mall.
2. The display of liquid-or gas-fired equipment in the mall.
3. The use of open-flame or flame-producing equipment in the mall.
Cryogenic fluids. An operational permit is required to produce, store, transport on site, use,
handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11.
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids
as a fuel for propelling the vehicle or for refrigerating the lading.
Dry cleaning plants. An operational permit is required to engage in the business of dry
cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning
equipment.
Exhibits and trade shows.An operational permit is required to operate exhibits and trade
shows.
Explosives. An operational permit is required for the manufacture, storage, handling, sale or
use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects
within the scope of Chapter 33.
40
Floor finishing.An operational permit is required for floor finishing or surfacing operations
exceeding 350 square feet(33 m2) using Class I or Class II liquids.
Fruit and crop ripening.An operational permit is required to operate a fruit, or crop-ripening
facility or conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging. An operational permit is required to operate a
business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber
in which a toxic or flammable fumigant is used.
HPM facilities. An operational permit is required to store, handle or use hazardous production
materials.
High-piled storage. An operational permit is required to use a building or portion thereof as a
high-piled storage area exceeding 500 square feet(46 m2).
Hotwork operations. An operational permit is required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hotwork is conducted.
2. Use of portable hotwork equipment inside a structure.
Exception: Work that is conducted under a construction permit.
3. Fixed-site hotwork equipment such as welding booths.
4. Hotwork conducted within a hazardous fire area.
5. Application of roof coverings with the use of an open flame device.
Industrial ovens. An operational permit is required for operation of industrial ovens regulated
by Chapter
21.
Lumber yards and woodworking plants.An operational permit is required for the storage or
processing of lumber exceeding 100,000 board feet(8,333 ft3) (236 m3).
Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is
required to display, operate or demonstrate liquid-or gas-fueled vehicles or equipment in
assembly buildings.
Magnesium.An operational permit is required to melt, cast, heat treat or grind more than 10
pounds (4.54 kg) of magnesium.
Miscellaneous combustible storage.An operational permit is required to store in any building
or upon any premises in excess of 2,500 cubic feet(71 m3) gross volume of combustible empty
packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar
combustible material.
Open burning. An operational permit is required for the kindling or maintaining of an open fire
or a fire on any public street, alley, road, or other public or private ground. Instructions and
stipulations of the permit shall be adhered to.
Exception: Recreational fires.
Open flames and candles.An operational permit is required to remove paint with a torch; use
a torch or open flame device in a hazardous fire area; or to use open flames or candles in
connection with assembly areas, dining areas of restaurants or drinking establishments.
Organic coatings.An operational permit is required for any organic-coating manufacturing
operation producing more than 1 gallon (4 L) of an organic coating in one day.
Places of assembly. An operational permit is required to operate a place of assembly.
Pyrotechnic special effects material.An operational permit is required for use and handling of
pyrotechnic special effects material.
Pyroxylin plastics.An operational permit is required for storage or handling of more than 25
pounds (11
kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles
involving pyroxylin plastics.
Refrigeration equipment. An operational permit is required to operate a mechanical
refrigeration unit or system regulated by Chapter 6.
41
Repair garages and service stations.An operational permit is required for operation of repair
garages and automotive, marine and fleet service stations.
Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.
Spraying or dipping. An operational permit is required to conduct a spraying or dipping
operation utilizing flammable or combustible liquids or the application of combustible powders
regulated by Chapter 1.5.
Storage of scrap tires and tire byproducts.An operational permit is required to establish,
conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet
(71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts.
Temporary membrane structures,tents and canopies. An operational permit is required to
operate an air-supported temporary membrane structure or a tent having an area in excess of
200 square feet(19 m2), or a canopy in excess of 400 square feet(37 m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Fabric canopies and awnings open on all sides which comply with all of the following:
2.1. Individual canopies shall have a maximum size of 700 square feet(65 m2).
2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance
of 12 feet(3658 mm) shall not exceed 700 square feet(65 m2) total.
2.3. A minimum clearance of 12 feet(3658 mm)to structures and other tents shall be provided.
Tire-rebuilding plants.An operational permit is required for the operation and maintenance of
a tire rebuilding plant.
Waste handling.An operational permit is required for the operation of wrecking yards,junk
yards and waste material-handling facilities.
Wood products.An operational permit is required to store chips, hogged material, lumber or
plywood in excess of 200 cubic feet(6 m3).
Construction Permits
Compressed gases. When the compressed gases in use or storage exceed the amounts listed
in Table 105.6.9, a construction permit is required to install, repair damage to, abandon,
remove, place temporarily out of service, or close or substantially modify a compressed gas
system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be
made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling facilities at least
30 days prior to the termination of the storage, use or handling of compressed or liquefied
gases. Such application shall include any change or alteration of the facility closure plan filed
pursuant to Section 2701.5.3. The 30-day period is not applicable when approved based on
special circumstances requiring such waiver.
Flammable and combustible liquids.A construction permit is required:
1. To repair or modify a pipeline for the transportation of flammable or combustible liquids.
2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-
dispensing stations, refineries, distilleries and similar facilities where flammable and combustible
liquids are produced, processed, transported, stored, dispensed or used.
3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable or
combustible liquid tank.
Hazardous materials.A construction permit is required to install, repair damage to, abandon,
remove, place temporarily out of service, or close or substantially modify a storage facility or
42
other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the
amounts listed in Table 105.6.21.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be
made within two working days of commencement of work.
Industrial ovens.A construction permit is required for installation of industrial ovens covered by
Chapter 21.
Exceptions:
1. Routine maintenance.
2. For repair work performed on an emergency basis, application for permit shall be made within
two working days of commencement of work.
LP-gas.A construction permit is required for installation of or modification to an LP-gas system.
Spraying or dipping.A construction permit is required to install or modify a spray room, dip
tank or booth.
43
Fees not stated in this Resolution may be set by the City Manager.
All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore
adopted are hereby repealed.
ADOPTED by the City Council of Eden Prairie this 5th day of December, 2005,to be effective
the 1 st day of January,2006.
Nancy Tyra-Lukens
ATTEST:
Kathleen Porta, City Clerk
44
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 5, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Sue Kotchevar, Office of the Resolution Relating to $4,920,000 General
City Manager/Finance Obligation Bonds, Series 2005C and $8,425,000
General Obligation Bonds Series 2006A
Requested Action
Move to: Adopt Resolution Authorizing Issuance of$4,920,000 General Obligation
Improvement, Series 2005C.and$8,425,000 General Obligation Bonds, Series 2006A.
Synopsis
The purpose of the issuance of the bonds is to pay for additions and improvements at the
community center, the acquisition of additional park land and improvements to existing parks,
and for improvements to and expansion of the trail system. This bond issue was approved by
voters on November 8,2005.
Attachments
Resolutions
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF$8,425,000 GENERAL OBLIGATION BONDS, SERIES 2006A
BE IT RESOLVED by the City Council(the Council) of the City of Eden Prairie,
Minnesota(the City), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization and Election. This City Council hereby determines it is in the best
interests of the City to authorize the issuance and sale of$8,425,000 aggregate principal amount
of General Obligation Bonds, Series 2006A(the Bonds),the proceeds to be used to finance a
portion of various community-wide improvements including improvements to the City's
community center,park land acquisition and trails (collectively,the Project), as approved by the
electors at an election held on November 8,2005.
1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by
Northland Securities, Inc., sealed proposals for the purchase of the Bonds were received at or
before the time specified for receipt of proposals. The proposals have been opened,publicly
read and considered and the purchase price, interest rates and net interest cost under the terms of
each proposal have been determined. The most favorable proposal received is that of
, in
(the Purchaser),to purchase the Bonds
at a price of$ plus accrued interest on all Bonds to the day of delivery and
payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed on behalf of the City to execute a contract
for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of
the Purchaser shall be retained and deposited by the City until the Bonds have been delivered,
and shall be deducted from the purchase price paid at settlement. Any good faith deposit of other
bidders shall be returned to them forthwith.
SECTION 2. TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done prior to the issuance of the Bonds
having been done, existing and having happened, it is necessary for this Council to establish the
form and terms of the Bonds,to provide for the security thereof, and to issue the Bonds
forthwith.
2.02. Maturities,Interest Rates and Denominations.The Bonds shall be originally dated
as of January 1, 2006, shall be in denominations of$5,000 or any integral multiple thereof of
single maturities, shall mature on January 1 in the years and amounts stated below and shall bear
interest from date of issue until paid or duly called for redemption at the annual rates set forth
opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2007 $450,000 % 2015 $605,000 %
2008 475,000 2016 630,000
2009 490,000 2017 655,000
2010 505,000 2018 685,000
2011 525,000 2019 715,000
2012 540,000 2020 745,000
2013 560,000 2021 260,000
2014 585,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis
of a 360-day year composed of twelve 30-day months. The interest on and,upon surrender of
each Bond,the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein; provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest
on the Bonds shall be payable on January 1 and July 1, commencing July 1, 2006,to the owners
of record thereof as of the close of business on the fifteenth day of the immediately preceding
month,whether or not such day is a business day.
2.04. Redemption. Bonds maturing in 2015 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order as the
City shall determine and within a maturity by lot as selected by the Registrar in multiples of
$5,000,on January 1, 2014, and on any date thereafter, at a price equal to the principal amount
thereof and accrued interest to the date of redemption. The City Manager shall cause notice of
the call for redemption thereof to be published as required by law and, at least thirty(30) days
prior to the designated redemption date, shall cause notice of the call for redemption to be
mailed,by first class mail,to the registered owners of any Bonds to be redeemed at their
addresses as they appear on the bond register described in Section 2.06 hereof but no defect in or
failure to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. Official notice of redemption
having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date,become due and payable at the redemption price therein specified, and from
and after such date (unless the City shall default in the payment of the redemption price) such
Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a
new Bond or Bonds will be delivered to the registered owner without charge,representing the
remainingprincipal amount outstanding.
.P g
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on January 1,20 and 20 (the Term Bonds) shall be subject to
mandatory redemption prior to maturity Pursuant to the sinking fund requirements
uirements of this Section
2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date,without premium. The Registrar shall select for redemption,by
lot or other manner deemed fair, on January 1 in each of the following years the following stated
principal amounts of such Bonds:
Year Principal Amount
The remaining$ stated principal amount of such Bonds shall be paid at
maturity on January 1,20
Year Principal Amount
The remaining$ stated principal amount of such Bonds shall be paid at
maturity on January 1,20
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,
National Association, in Minneapolis, Minnesota, as the initial bond registrar,transfer agent and
paying agent(the Registrar). The Mayor and the City Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon
thirty days'notice and upon the appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Re ig ster. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing,the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The may,Re Registrar however, close the books for registration of any transfer
g
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith,to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of such Bond,whether such Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of,the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds,the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with respect to
such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like
amount,number,maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any such
Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges
of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost,upon filing with the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution:Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of the City by the signatures of the
Mayor and the City Manager, provided that all signatures may be printed,engraved, or
lithographed facsimiles of the originals. In case any officer whose signature, or a facsimile of
whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of
any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until delivery. Notwithstanding such
execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this resolution unless and until a certificate of authentication on such Bond has
been duly executed by the manual signature of the Registrar. The executed certificate of
authentication on each Bond shall be conclusive evidence that it has been authenticated and
delivered under this resolution. When the Bonds have been so delivered and authenticated,they
shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser shall not
be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean,whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant, or such person's subrogee.
"Cede&Co." shall mean Cede& Co.,the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer,bank or other financial institution for
which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which
the City agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance,the ownership of such Bonds shall be registered in the bond register in the name
of Cede&Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution,registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any
Participant,with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds,with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution,with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede&Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede&Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede& Co.,the Bonds will be transferable to such new
nominee in accordance with paragraph(e)hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates,the City may notify DTC and
the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event,the Bonds will be transferable in accordance
with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph(e)hereof.
(d) The execution and delivery of the Representation Letter to DTC by the Mayor or City
Manager, if not previously filed with DTC, is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b)
or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede&Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds,the provisions
of this resolution shall also apply to all matters relating thereto, including,without limitation,the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
SECTION 3. FORM OF BONDS. The Bonds shall be prepared in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION BOND, SERIES 2006A
Interest Rate Maturity Date Date of Original Issue CUSIP No.
% January 1, 20-- January 1,2006
REGISTERED OWNER: CEDE&CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
CITY OF EDEN PRAIRIE, STATE OF MINNESOTA(the City), acknowledges itself to
be indebted and for value received hereby promises to pay to the registered owner specified
above, or registered assigns,the principal sum specified above on the maturity date specified
above, and to pay interest thereon from the date of original issue specified above, or from the
most recent interest payment date to which interest has been aid or duly provided for at the
P Ym p Y
annual rate specified above,payable on January 1 and July 1 in each year, commencing July 1,
2006,to the person in whose name this Bond is registered at the close of business on the fifteenth
day(whether or not a business day)of the immediately preceding month, all subject to the
provisions referred to herein with respect to the redemption of the principal of this Bond prior to
its stated maturity. The interest hereon and,upon presentation and surrender hereof at the
principal office of the Registrar described below, the principal hereof, are payable in lawful
money of the United States of America by check or draft drawn on Wells Fargo Bank,National
Association, Minneapolis, Minnesota, as bond registrar,transfer agent and paying agent, or its
successor designated under the Resolution described herein(the Registrar).
This Bond is one of an issue in the aggregate principal amount of$8,425,000 (the
Bonds), issued by the City to finance a portion of various community-wide improvements
including improvements to the City's community center,park land acquisition and trails, and is
issued pursuant to and in full conformity with resolutions of the City Council, including a
resolution adopted December 5, 2005 (the Resolution), and authority conferred by more than the
requisite majority vote of the qualified electors of the City voting on the question of its issuance
at an election duly and legally called and held, and pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of
$5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in 2015 and later years are each subject to redemption and prepayment at
the option of the City, in whole or in part, in such order as the City shall determine and,within a
maturity, b lot as selected b the Registrar in multiples of$5 000 on January 1 2014, and on
Y Y g P D' ,
any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the
date of redemption. The City will cause notice of the call for redemption to be published as
required by law and, at least thirty(30) days prior to the designated redemption date,will cause
notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to
be redeemed at the owner's address as it appears on the bond register maintained by the
Registrar,but no defect in or failure to give such mailed notice of redemption shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or failure.
Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so
to be redeemed shall, on the redemption date,become due and payable at the redemption price
therein specified, and from and after such date(unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without
charge,representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the year 20 and 20 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
the redemption date,without premium, on January I in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturingin n 20__ Term Bonds Maturingin n 20__
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein,this
Bond is transferable upon the books of the City at the principal office of the Registrar,by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange,the
City will cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede&Co., as nominee of The Depository Trust Company,or in the name of any
other nominee of The Depository Trust Company or other securities depository,the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede&Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to happen,to exist and to be performed precedent to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City according to its terms have been done,
have happened, do exist and have been performed in regular and due form,time and manner as
so required;that,prior to the issuance hereof, a direct, annual,ad valorem tax has been duly
levied upon all taxable property in the City for the years and in amounts not less than five
percent in excess of sums sufficient to pay the interest hereon and the principal hereof as the
same respectively become due;that additional taxes, if needed to meet the principal and interest
requirements of the Bonds, shall be levied upon all such property without limitation as to rate or
amount; and that the issuance of the Bonds does not cause the indebtedness of the City to exceed
any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF,the City of Eden Prairie, State of Minnesota, by its City
Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the
Mayor and City Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(Facsimile Signature-City Manager) (Facsimile Signature-Mayor)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: WELLS FARGO BANK,NATIONAL
ASSOCIATION, as Registrar
By
Authorized Representative
The following abbreviations,when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM--as tenants in common UTMA ................... as Custodian for................
(Cust) (Minor)
TEN ENT--as tenants by the entireties under Uniform Transfers to Minors Act .........
(State)
JT TEN--as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received,the undersigned hereby sells,assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint attorney to transfer the said Bond on the books
kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular,without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
Signature(s)must be guaranteed by an "eligible guarantor institution"meeting the requirements
of the Registrar,which requirements include membership or participation in STAMP or such
other "signature guaranty program"as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934,as
amended.
Please insert social security or other identifying number of assignee:
[end of bond form]
SECTION 4. USE OF PROCEEDS.
4.01. General Obligation Bonds, Series 2006A Construction Fund. There is hereby
established on the official books and records of the City a General Obligation Bonds, Series
2006A Construction Fund(the Construction Fund), and the City shall continue to maintain the
Construction Fund until payment of all costs and expenses incurred in connection with the
Project financed by the Bonds have been paid. To the Construction Fund there shall be credited
from the proceeds of the Bonds an amount equal to the estimated cost of the acquisition and
betterment of the Project(including bond issuance expenses)and from the Construction Fund
there shall be paid all construction costs and expenses(including bond issuance expenses). After
payment of all construction costs and bond issuance costs,the Construction Fund shall be
discontinued and any Bond proceeds remaining therein shall be credited to the Debt Service
Fund established by Section 4.02 hereof.All proceeds of the Bonds deposited in the Construction
Fund will be expended solely for the payment of the costs of the Project as required pursuant to
Minnesota Statutes, Section 475.58, subdivision 4.
4.02. General Obligation Bonds, Series 2006A Debt Service Fund. So long as any of the
Bonds are outstanding and any principal or interest thereon unpaid,the City shall maintain as a
separate account on its books and records a General Obligation Bonds, Series 2006A Debt
Service Fund(the Debt Service Fund). The Debt Service Fund shall be used for no purpose
other than payment of the principal of and interest on the Bonds. The City irrevocably
appropriates to the Debt Service Fund(a) any amount in excess of the amount deposited to the
Construction Fund pursuant to Section 4.01; (b)the amounts specified in Section 4.01, after
payment of all costs of the Project; (c) all taxes levied and collected in accordance with this
resolution; and(d) all other moneys as shall be appropriated by the City to the Debt Service Fund
from time to time. If any payment of principal of and interest on the Bonds shall become due
when there is not sufficient money in the Debt Service Fund to make such payment,the City
Manager shall pay the same from any other available fund of the City, and such other fund shall
be reimbursed for such advances out of the proceeds of the taxes levied for the payment of the
Bonds when available.
4.03. Tax Levies. For the prompt and full payment of the principal and interest on the
Bonds as the same respectively become due,the full faith, credit and taxing power of the City
shall be and are hereby irrevocably pledged. To provide moneys for the payment of principal of
and interest on the Bonds as required by Minnesota Statutes, Section 475.61, subdivision 1,there
is hereby levied on all of taxable property in the City a direct, annual ad valorem tax which shall
be spread upon the tax rolls for collection in the years and amounts as follows, as a part of other
general taxes of the City, as follows:
Levy Years Collection Years Amount
2005-2019 2006-2020 See attached levy computation
The foregoing taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid;
provided,that the City reserves the right and power to reduce the levies in the manner and to the
extent permitted by Minnesota Statutes, Section 475.61. It is estimated that the ad valorem taxes
will be collected in amounts not less than five percent in excess of the annual principal and
interest requirements of the Bonds. If, as of the date tax levies are certified in any year,the sum
of the balance in the Debt Service Fund plus any ad valorem taxes theretofore levied for the
payment of Bonds payable therefrom and collectible through the end of the following calendar
year is not sufficient to pay when due all principal and interest to become due on all Bonds
payable therefrom in said following calendar year, or the Debt Service Fund has incurred a
deficiency in the manner provided in Section 4.02, an additional direct, irrepealable, ad valorem
tax shall be levied on all taxable property within the corporate limits of the City for the purpose
of restoring such accumulated or anticipated deficiency in accordance with the provisions of this
resolution.
SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow,with the
Registrar or with a bank qualified by law to act as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited for such purpose,bearing interest
payable at such times and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal and interest to become due thereon to maturity or, if
notice of redemption as herein required has been irrevocably provided for,to an earlier
designated redemption date. Provided,however,that if such deposit is made more than ninety
days before the maturity date or specified redemption date of the Bonds to be discharged,the
City shall have received a written opinion of Bond Counsel to the effect that such deposit does
not adversely affect the exemption of interest on any Bonds from federal income taxation and a
written report of an accountant or investment banking firm verifying that the deposit is sufficient
to pay when due all of the principal and interest on the Bonds to be discharged on and before
their maturity dates or earlier designated redemption date.
SECTION 6. TAX COVENANTS,ARBITRAGE MATTERS, REIMBURSEMENT AND
CONTINUING DISCLOSURE.
6.01. Restrictive Action. The Project will be owned and maintained by the City and used
to carry out its program of public recreation.The City shall not enter into any lease,management
agreement,use agreement or other contract with any nongovernmental entity relating to the
Project or a portion thereof which would cause the Bonds to be considered "private activity
bonds" or"private loan bonds"pursuant to the provisions of Section 141 of the Code. The City
covenants and agrees with the registered owners of the Bonds that it will not take or permit to be
taken by any of its officers, employees or agents any actions that would cause interest on the
Bonds to become includable in gross income of the recipient under the Code and applicable
Regulations and covenants to take any and all actions within its powers to ensure that the interest
on the Bonds will not become includable in gross income of the recipient under the Code and the
Regulations.
6.02. Arbitrage Certification. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this resolution,are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be "arbitrage bonds" within the meaning of the Code and the Regulations.
6.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f) of the Code. The City covenants and agrees to retain such
records,make such determinations, file such reports and documents and pay such amounts at
such times as are required under Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes,unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no"gross proceeds"of the Bonds
(other than amounts constituting a"bona fide debt service fund")arise during or after the
expenditure of the original proceeds thereof.
6.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Project which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless,with respect to
such prior expenditures,the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations;provided that this certification shall
not apply(i)with respect to certain de minimis expenditures, if any,with respect to the Project
meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or(ii)with respect to
"preliminary expenditures" for the Project as defined in Section 1.150-2(f)(2)of the Regulations,
including engineering or architectural expenses and similar preparatory expenses,which in the
aggregate do not exceed 20%of the "issue price" of the Bonds.
6.05. Not Qualified Tax-Exempt Obligations. The Council does not designate the Bonds
as"qualified tax-exempt obligations"for purposes of Section 265(b)(3)of the Code relating to
the disallowance of interest expense for financial institutions.
6.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934(17 C.F.R. § 240.15c2-12),relating to continuing disclosure(as in effect
and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners(as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. The City has complied in all
material respects with any undertaking previously entered into by it under the Rule. If the City
fails to comply with any provisions of this section, any person aggrieved thereby, including the
Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement or covenant
contained in this section, including an action for a writ of mandamus or specific performance.
Direct, indirect, consequential and punitive damages shall not be recoverable for any default
hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained
herein, in no event shall a default under this section constitute a default under the Bonds or under
any other provision of this resolution. As used in this section, Owner or Bondowner means, in
respect of a Bond,the registered owner or owners thereof appearing in the bond register
maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such
Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein,Beneficial Owner means, in
respect of a Bond, any person or entity which(i)has the power, directly or indirectly,to vote or
consent with respect to, or to dispose of ownership of, such Bond(including persons or entities
holding Bonds through nominees, depositories or other intermediaries),or(b) is treated as the
owner of the Bond for federal income tax purposes.
b Information To Be Disclosed. The City will provide, in the manner set forth in
( ) tY
subsection(c)hereof, either directly or indirectly through an agent designated by the City,the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2004,the following financial information and
operating data in respect of the City(the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) to the extent not included in the financial statements referred to in paragraph(A)
hereof, an update of the operating and financial data of the type of information
contained in the Official Statement under the captions ECONOMIC AND
FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT
STATISTICS; GENERAL INFORMATION-"Major Employers"and
"Building Permits."
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified,the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof,the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements,which have been submitted
to each of the repositories hereinafter referred to under subsection(c)or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect;provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact(as defined in paragraph(2)hereof),then, from
and after such determination,the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph(b)(1) or subsection(d),then the City shall
include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of
financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is
a Material Fact(as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a
Bond or, if not disclosed,would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase,holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph(b)(1)at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection(d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection(d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection(d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described
in subsection(b)to the following entities by telecopy, overnight delivery,mail or other means, as
appropriate:
(1) the information described in paragraph(1)of subsection(b),to each then nationally
recognized municipal securities information repository under the Rule and to any
state information depository then designated or operated by the State of Minnesota
as contemplated by the Rule (the State Depository), if any;
(2) the information described in paragraphs(2) and(3) of subsection(b),to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection(b),to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1)or(2) of this subsection(c),as the case may be,
or, if such information is transmitted with a subsequent time of release, at the time
such information is to be released.
(d) Term:Amendments;Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence,however,the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that,because of legislative action or final judicial or administrative actions or
proceedings,the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section(and the form and requirements of the Disclosure Information)may be
amended or supplemented by the City from time to time,without notice to(except as
provided in paragraph(c)(3)hereof) or the consent of the Owners of any Bonds,by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel,who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications,to the
effect that: (i) such amendment or supplement(a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity,nature or status of the City or the type of operations conducted by the
City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5)
of the Rule; (ii)this section as so amended or supplemented would have complied
with the requirements of paragraph(b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and(iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended,the City agrees to provide,
contemporaneously with the effectiveness of such amendment,an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 7. CERTIFICATION OF PROCEEDINGS.
7.01. Filing with County Auditor. The City Manager is hereby authorized and directed
to file with the County Auditor of Hennepin County,a certified copy of this resolution together
with such other information as the County Auditor shall require and to obtain from the County
Auditor a certificate that the Bonds have been entered upon the bond register and that the tax for
the payment of the Bonds has been levied as required by law.
7.02. Certification of Proceedings. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey& Whitney
LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and marketability of
the Bonds as they appear from the books and records under the officer's custody and control or as
otherwise known to the them. All such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City to the correctness of all
statements contained herein.
7.03. Official Statement. The preliminary Official Statement relating to the Bonds, dated
November_, 2005,relating to the Bonds prepared and distributed by Northland Securities,
Inc.,the financial advisor for the City, is hereby approved. Northland Securities, Inc., is hereby
authorized on behalf of the City to prepare and distribute to the Purchaser within seven business
days from the date hereof, a supplement to the Official Statement listing the offering price,the
interest rates, selling compensation, delivery date,the underwriters and such other information
relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted
by the Securities and Exchange Commission(the SEC)under the Securities Exchange Act of
1934. The officers of the City are hereby authorized and directed to execute such certificates as
may be appropriate concerning the accuracy, completeness and sufficiency of the Official
Statement.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of December 2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF$4,920,000 GENERAL OBLIGATION BONDS, SERIES 2005C
BE IT RESOLVED by the City Council(the Council) of the City of Eden Prairie,
Minnesota(the City), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization and Election. This City Council hereby determines it is in the best
interests of the City to authorize the issuance and sale of$4,920,000 aggregate principal amount
of General Obligation Bonds, Series 2005C (the Bonds),the proceeds to be used to finance a
portion of various community-wide improvements including improvements to the City's
community center,park land acquisition and trails(collectively,the Project),as approved by the
electors at an election held on November 8,2005.
1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by
Northland Securities, Inc., sealed proposals for the purchase of the Bonds were received at or
before the time specified for receipt of proposals. The proposals have been opened, publicly
read and considered and the purchase price, interest rates and net interest cost under the terms of
each proposal have been determined. The most favorable proposal received is that of
, in
(the Purchaser),to purchase the Bonds
at a price of$ plus accrued interest on all Bonds to the day of delivery and
payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed on behalf of the City to execute a contract
for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of
the Purchaser shall be retained and deposited by the City until the Bonds have been delivered,
and shall be deducted from the purchase price paid at settlement. Any good faith deposit of other
bidders shall be returned to them forthwith.
SECTION 2. TERMS:REGISTRATION: EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done prior to the issuance of the Bonds
having been done, existing and having happened, it is necessary for this Council to establish the
form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds
forthwith.
2.02. Maturities, Interest Rates and Denominations.The Bonds shall be originally dated
as of December 1,2005, shall be in denominations of$5,000 or any integral multiple thereof of
single maturities, shall mature on January 1 in the years and amounts stated below and shall bear
interest from date of issue until paid or duly called for redemption at the annual rates set forth
opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2021 $515,000 % 2024 $880,000 %
2022 810,000 2025 915,000
2023 845,000 2026 955,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
For purposes of complying with the maturity provisions of Minnesota Statutes, Section 475.54,
subdivision 1, the maturity schedule for the Bonds is being combined with the maturity schedule
for the City's General Obligation Bonds, Series 2006A.
The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis
of a 360-day year composed of twelve 30-day months. The interest on and,upon surrender of
each Bond,the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein;provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest
on the Bonds shall be payable on January 1 and July 1, commencing July 1, 2006,to the owners
of record thereof as of the close of business on the fifteenth day of the immediately preceding
month,whether or not such day is a business day.
2.04. Redemption. The Bonds shall be subject to redemption and prepayment at the
option of the City, in whole or in part, in such order as the City shall determine and within a
maturity by lot as selected by the Registrar in multiples of$5,000, on January 1, 2014, and on
any date thereafter, at a price equal to the principal amount thereof and accrued interest to the
date of redemption. The City Manager shall cause notice of the call for redemption thereof to be
published as required by law and, at least thirty (30)days prior to the designated redemption
date, shall cause notice of the call for redemption to be mailed,by first class mail,to the
registered owners of any Bonds to be redeemed at their addresses as they appear on the bond
register described in Section 2.06 hereof but no defect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure. Official notice of redemption having been given as aforesaid,the
Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified, and from and after such date(unless the City
shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest.Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to
the registered owner without charge,representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on January 1, 20 and 20 (the Term Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date,without premium. The Registrar shall select for redemption,by
lot or other manner deemed fair, on January 1 in each of the following years the following stated
principal amounts of such Bonds:
Year Principal Amount
The remaining$ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on January 1,20
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,
National Association, in Minneapolis,Minnesota, as the initial bond registrar,transfer agent and
paying agent(the Registrar). The Mayor and the City Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon
thirty days'notice and upon the appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing,the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may,however,close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith,to make transfers which it, in its judgment,deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of such Bond,whether such Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of,the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes,Fees and Charges. For every transfer or exchange of Bonds,the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with respect to
such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount,number,maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any such
Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges
of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost,upon filing with the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
0) Valid Obligations.i� All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of the City by the signatures of the
Mayor and the City Manager, provided that all signatures may be printed, engraved, or
lithographed facsimiles of the originals. In case any officer whose signature, or a facsimile of
whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of
any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until delivery. Notwithstanding such
execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this resolution unless and until a certificate of authentication on such Bond has
been duly executed by the manual signature of the Registrar. The executed certificate of
authentication on each Bond shall be conclusive evidence that it has been authenticated and
delivered under this resolution. When the Bonds have been so delivered and authenticated,they
shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser shall not
be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean,whenever used with respect to a Bond,the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant, or such person's subrogee.
"Cede& Co." shall mean Cede&Co.,the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for
which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which
the City agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance,the ownership of such Bonds shall be registered in the bond register in the name
of Cede&Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any
Participant,with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds,with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution,with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede& Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede&Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede&Co.,the Bonds will be transferable to such new
nominee in accordance with paragraph(e)hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates,the City may notify DTC and
the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event,the Bonds will be transferable in accordance
with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph(e)hereof.
(d) The execution and delivery of the Representation Letter to DTC by the Mayor or City
Manager, if not previously filed with DTC, is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b)
or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede&Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds,the provisions
of this resolution shall also apply to all matters relating thereto, including,without limitation,the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
SECTION 3. FORM OF BONDS. The Bonds shall be prepared in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION BOND, SERIES 2005C
Interest Rate Maturity Date Date of Original Issue CUSIP No.
% January 1, 20-- December 1, 2005
REGISTERED OWNER: CEDE& CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
CITY OF EDEN PRAIRIE, STATE OF MINNESOTA(the City),acknowledges itself to
be indebted and for value received hereby promises to pay to the registered owner specified
above, or registered assigns,the principal sum specified above on the maturity date specified
above, and to pay interest thereon from the date of original issue specified above, or from the
most recent interest payment date to which interest has been paid or duly provided for, at the
annual rate specified above, payable on January 1 and July 1 in each year, commencing July 1,
2006,to the person in whose name this Bond is registered at the close of business on the fifteenth
day(whether or not a business day)of the immediately preceding month, all subject to the
provisions referred to herein with respect to the redemption of the principal of this Bond prior to
its stated maturity. The interest hereon and, upon presentation and surrender hereof at the
principal office of the Registrar described below,the principal hereof, are payable in lawful
money of the United States of America by check or draft drawn on Wells Fargo Bank,National
Association,Minneapolis,Minnesota, as bond registrar,transfer agent and paying agent, or its
successor designated under the Resolution described herein(the Registrar).
This Bond is one of an issue in the aggregate principal amount of$4,920,000 (the
Bonds), issued by the City to finance a portion of various community-wide improvements
including improvements to the City's community center, park land acquisition and trails, and is
issued pursuant to and in full conformity with resolutions of the City Council, including a
resolution adopted December 5, 2005 (the Resolution), and authority conferred by more than the
requisite majority vote of the qualified electors of the City voting on the question of its issuance
at an election duly and legally called and held, and pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of
$5,000 or any integral multiple thereof, of single maturities.
o The Bonds are each subject to redemption and prepayment at the option of the City, in
whole or in part, in such order as the City shall determine and,within a maturity, by lot as
selected by the Registrar in multiples of$5,000, on January 1,2014, and on any date thereafter,
at a price equal to the principal amount thereof plus interest accrued to the date of redemption.
The City will cause notice of the call for redemption to be published as required by law and, at
least thirty(30)days prior to the designated redemption date,will cause notice of the call thereof
to be mailed by first class mail to the registered owner of any Bond to be redeemed at the
owner's address as it appears on the bond register maintained by the Registrar,but no defect in or
failure to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. Official notice of redemption
having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall,on the
redemption date, become due and payable at the redemption price therein specified, and from
and after such date(unless the City shall default in the payment of the redemption price) such
Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a
new Bond or Bonds will be delivered to the registered owner without charge,representing the
remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the year 20 and 20 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
the redemption date, without premium, on January 1 in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturingin Term Bonds Maturingin 20--
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
Notice of redemption shall be given as provided in the preceding paragraph.]
The Bonds have been designated by the City as"qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
As provided in the Resolution and subject to certain limitations set forth therein,this
Bond is transferable upon the books of the City at the principal office of the Registrar,by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar,duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange,the
City will cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede&Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository,the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede& Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to happen,to exist and to be performed precedent to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City according to its terms have been done,
have happened, do exist and have been performed in regular and due form,time and manner as
so required;that,prior to the issuance hereof, a direct, annual, ad valorem tax has been duly
levied upon all taxable property in the City for the years and in amounts not less than five
percent in excess of sums sufficient to pay the interest hereon and the principal hereof as the
same respectively become due;that additional taxes, if needed to meet the principal and interest
requirements of the Bonds, shall be levied upon all such property without limitation as to rate or
amount;and that the issuance of the Bonds does not cause the indebtedness of the City to exceed
any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF,the City of Eden Prairie, State of Minnesota,by its City
Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the
Mayor and City Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(Facsimile Signature-City Manager) (Facsimile Signature-Mayor)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: WELLS FARGO BANK,NATIONAL
ASSOCIATION, as Registrar
By
Authorized Representative
The following abbreviations,when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM--as tenants in common UTMA ................... as Custodian for................
(Cust) (Minor)
TEN ENT--as tenants by the entireties under Uniform Transfers to Minors Act.........
(State)
JT TEN--as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received,the undersigned hereby sells,assigns and transfers unto
the within Bond and all rights thereunder,and does hereby irrevocably
constitute and appoint attorney to transfer the said Bond on the books
kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular,without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
Signature(s)must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar,which requirements include membership or participation in STAMP or such
other "signature guaranty program"as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
Please insert social security or other identifying number of assignee:
[end of bond form]
SECTION 4. USE OF PROCEEDS.
4.01. General Obligation Bonds, Series 2005C Construction Fund. There is hereby
established on the official books and records of the City a General Obligation Bonds, Series
2005C Construction Fund(the Construction Fund), and the City shall continue to maintain the
Construction Fund until payment of all costs and expenses incurred in connection with the
Project financed by the Bonds have been paid. To the Construction Fund there shall be credited
from the proceeds of the Bonds an amount equal to the estimated cost of the acquisition and
betterment of the Project(including bond issuance expenses) and from the Construction Fund
there shall be paid all construction costs and expenses(including bond issuance expenses). After
payment of all construction costs and bond issuance costs,the Construction Fund shall be
discontinued and any Bond proceeds remaining therein shall be credited to the Debt Service
Fund established by Section 4.02 hereof.All proceeds of the Bonds deposited in the Construction
Fund will be expended solely for the payment of the costs of the Project as required pursuant to
Minnesota Statutes, Section 475.58, subdivision 4.
4.02. General Obligation Bonds, Series 2005C Debt Service Fund. So long as any of the
Bonds are outstanding and any principal or interest thereon unpaid, the City shall maintain as a
separate account on its books and records a General Obligation Bonds, Series 2005C Debt
Service Fund(the Debt Service Fund). The Debt Service Fund shall be used for no purpose
other than payment of the principal of and interest on the Bonds. The City irrevocably
appropriates to the Debt Service Fund (a) any amount in excess of the amount deposited to the
Construction Fund pursuant to Section 4.01; (b)the amounts specified in Section 4.01, after
payment of all costs of the Project; (c)all taxes levied and collected in accordance with this
resolution; and(d) all other moneys as shall be appropriated by the City to the Debt Service Fund
from time to time. If any payment of principal of and interest on the Bonds shall become due
when there is not sufficient money in the Debt Service Fund to make such payment,the City
Manager shall pay the same from any other available fund of the City, and such other fund shall
be reimbursed for such advances out of the proceeds of the taxes levied for the payment of the
Bonds when available.
4.03. Tax Levies. For the prompt and full payment of the principal and interest on the
Bonds as the same respectively become due,the full faith, credit and taxing power of the City
shall be and are hereby irrevocably pledged. To provide moneys for the payment of principal of
and interest on the Bonds as required by Minnesota Statutes, Section 475.61, subdivision 1,there
is hereby levied on all of taxable property in the City a direct, annual ad valorem tax which shall
be spread upon the tax rolls for collection in the years and amounts as follows, as a part of other
general taxes of the City, as follows:
Levy Years Collection Years Amount
2005-2024 2006-2025 See attached levy computation
The foregoing taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid;
provided,that the City reserves the right and power to reduce the levies in the manner and to the
extent permitted by Minnesota Statutes, Section 475.61. It is estimated that the ad valorem taxes
will be collected in amounts not less than five percent in excess of the annual principal and
interest requirements of the Bonds. If, as of the date tax levies are certified in any year,the sum
of the balance in the Debt Service Fund plus any ad valorem taxes theretofore levied for the
payment of Bonds payable therefrom and collectible through the end of the following calendar
year is not sufficient to pay when due all principal and interest to become due on all Bonds
payable therefrom in said following calendar year, or the Debt Service Fund has incurred a
deficiency in the manner provided in Section 4.02, an additional direct, irrepealable, ad valorem
tax shall be levied on all taxable property within the corporate limits of the City for the purpose
of restoring such accumulated or anticipated deficiency in accordance with the provisions of this
resolution.
SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action,by depositing irrevocably in escrow,with the
Registrar or with a bank qualified by law to act as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited for such purpose,bearing interest
payable at such times and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal and interest to become due thereon to maturity or, if
notice of redemption as herein required has been irrevocably provided for,to an earlier
designated redemption date. Provided,however,that if such deposit is made more than ninety
days before the maturity date or specified redemption date of the Bonds to be discharged,the
City shall have received a written opinion of Bond Counsel to the effect that such deposit does
not adversely p Y an affect the exemption of interest on Bonds from federal income taxation and a
written report of an accountant or investment banking firm verifying that the deposit is sufficient
to pay when due all of the principal and interest on the Bonds to be discharged on and before
their maturity dates or earlier designated redemption date.
SECTION 6. TAX COVENANTS,ARBITRAGE MATTERS,REIMBURSEMENT AND
CONTINUING DISCLOSURE.
6.01. Restrictive Action. The Project will be owned and maintained by the City and used
to carry out its program of public recreation.The City shall not enter into any lease,management
agreement,use agreement or other contract with any nongovernmental entity relating to the
Project or a portion thereof which would cause the Bonds to be considered "private activity
bonds" or "private loan bonds"pursuant to the provisions of Section 141 of the Code. The City
covenants and agrees with the registered owners of the Bonds that it will not take or permit to be
taken by any of its officers, employees or agents any actions that would cause interest on the
Bonds to become includable in gross income of the recipient under the Code and applicable
Regulations and covenants to take any and all actions within its powers to ensure that the interest
on the Bonds will not become includable in gross income of the recipient under the Code and the
Regulations.
6.02. Arbitrage Certification. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this resolution,are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be "arbitrage bonds"within the meaning of the Code and the Regulations.
6.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f)of the Code. The City covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes,unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no"gross proceeds"of the Bonds
(other than amounts constituting a"bona fide debt service fund") arise during or after the
expenditure of the original proceeds thereof.
6.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Project which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to
such prior expenditures,the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall
not apply(i)with respect to certain de minimis expenditures, if any,with respect to the Project
meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or(ii)with respect to
"preliminary expenditures" for the Project as defined in Section 1.150-2(f)(2)of the Regulations,
including engineering or architectural expenses and similar preparatory expenses,which in the
aggregate do not exceed 20%of the "issue price"of the Bonds.
6.05. Qualified Tax-Exempt Obligations. The Council hereby designates the Bonds as
"qualified tax-exempt obligations"for purposes of Section 265(b)(3)of the Code relating to the
disallowance of interest expense for financial institutions, and hereby finds that the reasonably
anticipated amount of tax-exempt obligations which are not private activity bonds(not treating
qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for the purpose
of this representation)which will be issued by the City and all subordinate entities during
calendar year 2005 does not exceed$10,000,000.
6.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser offering of the Bonds to
and other participating underwriters in the rim offe
P p g primary g
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934(17 C.F.R. § 240.15c2-12),relating to continuing disclosure(as in effect
and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners(as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. The City has complied in all
material respects with any undertaking previously entered into by it under the Rule. If the City
fails to comply with any provisions of this section,any person aggrieved thereby, including the
Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement or covenant
contained in this section, including an action for a writ of mandamus or specific performance.
Direct, indirect, consequential and punitive damages shall not be recoverable for any default
hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained
herein, in no event shall a default under this section constitute a default under the Bonds or under
any other provision of this resolution. As used in this section, Owner or Bondowner means, in
respect of a Bond,the registered owner or owners thereof appearing in the bond register
maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such
Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in
respect of a Bond, any person or entity which(i)has the power, directly or indirectly,to vote or
consent with respect to,or to dispose of ownership of, such Bond(including persons or entities
holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the
owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection(c)hereof, either directly or indirectly through an agent designated by the City,the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2004,the following financial information and
operating data in respect of the City(the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year,containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) to the extent not included in the financial statements referred to in paragraph(A)
hereof, an update of the operating and financial data of the type of information
contained in the Official Statement under the captions ECONOMIC AND
FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT
STATISTICS; GENERAL INFORMATION-"Major Employers"and
"Building Permits."
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified,the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof,the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements,which have been submitted
to each of the repositories hereinafter referred to under subsection(c)or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect;provided,however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact(as defined in paragraph(2)hereof),then, from
and after such determination,the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph(b)(1)or subsection(d),then the City shall
include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of
financial information or operating data provided.
(2) In a timely manner,notice of the occurrence of any of the following events which is
a Material Fact(as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed,would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase,holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph(b)(1)at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection(d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection(d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection(d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described
in subsection(b)to the following entities by telecopy, overnight delivery,mail or other means, as
appropriate:
(1) the information described in paragraph(1)of subsection(b),to each then nationally
recognized municipal securities information repository under the Rule and to any
state information depository then designated or operated by the State of Minnesota
as contemplated by the Rule(the State Depository), if any;
(2) the information described in paragraphs(2) and(3)of subsection(b),to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection(b),to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs(1) or(2)of this subsection(c),as the case may be,
or, if such information is transmitted with a subsequent time of release, at the time
such information is to be released.
(d) Term;Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence,however,the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that,because of legislative action or final judicial or administrative actions or
proceedings,the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section(and the form and requirements of the Disclosure Information)may be
amended or supplemented by the City from time to time,without notice to (except as
provided in paragraph(c)(3)hereof) or the consent of the Owners of any Bonds,by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel,who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications,to the
effect that: (i) such amendment or supplement(a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity,nature or status of the City or the type of operations conducted by the
City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5)
of the Rule; (ii)this section as so amended or supplemented would have complied
with the requirements of paragraph(b)(5)of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause(i)(a)and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and(iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended,the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any,of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 7. CERTIFICATION OF PROCEEDINGS.
7.01. Filing with County Auditor. The City Manager is hereby authorized and directed
to file with the County Auditor of Hennepin County, a certified copy of this resolution together
with such other information as the County Auditor shall require and to obtain from the County
Auditor a certificate that the Bonds have been entered upon the bond register and that the tax for
the payment of the Bonds has been levied as required by law.
7.02. Certification of Proceedings. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney
LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and marketability of
the Bonds as they appear from the books and records under the officer's custody and control or as
otherwise known to the them. All such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City to the correctness of all
statements contained herein.
7.03. Official Statement. The preliminary Official Statement relating to the Bonds, dated
November_, 2005,relating to the Bonds prepared and distributed by Northland Securities,
Inc.,the financial advisor for the City, is hereby approved. Northland Securities, Inc., is hereby
authorized on behalf of the City to prepare and distribute to the Purchaser within seven business
days from the date hereof, a supplement to the Official Statement listing the offering price,the
interest rates, selling compensation,delivery date,the underwriters and such other information
relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted
by the Securities and Exchange Commission (the SEC)under the Securities Exchange Act of
1934. The officers of the City are hereby authorized and directed to execute such certificates as
may be appropriate concerning the accuracy, completeness and sufficiency of the Official
Statement.
ADOPTED by the City Council of the City of Eden Prairie this Sth day of December 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 5,2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Robert A.Lambert,Director Late Pickup Policy
Parks and Recreation
Requested Action
Move to: Approve the Late Pick Up Policy for Parks and Recreation programs.
Recommendation
The Parks,Recreation and Natural Resources Commission recommends the addition of a
participant late pick up policy for all Parks and Recreation programs to be placed into effect
2006.
The policy would be worded if approved as follows:
"If parent/guardian is not on time for picking up participants,a
late fee will be assessed. After a ten minute grace period,a$1 fee
will be charged for every minute the parent/guardian is late."
• Payment must be made at the time of pick up or if no means of immediate payment is
possible, an invoice will be mailed to the home.
• If no payment is received,the late fee amount will be charged to their family account
displaying an outstanding balance along with an alert text message notifying the
Community Center staff of the payment due.No program registrations or rentals would
be allowed until the balance is paid in full.
• There will be maximum accumulation cap of$30 per occurrence.
• Exceptions will be made due to uncontrollable circumstances (i.e. car accident, death,
illness). Staff on site with the assistance of the Recreation Coordinator shall be the sole
judge of what constitutes an uncontrollable circumstance.
• If a parent/guardian does not arrive for pick up after 90 minutes and staff has not been
able to speak with a parent/guardian and/or all other contacts have been exhausted,the
Police Department will be notified.
• Parents/guardians will be informed of the Late Pick Up Policy prior to the program
through the Parks and Recreation publications, parent letters or other forms of
communication to the parent about the program.
Late Pick Up Policy
December 5,2005
Page 2
Background
Over the course of the summer months,when programming is at it highest, there have been
multiple occurrences of parents/guardians being late by thirty minutes to over an hour from the
end of the program. This problem has been increasing each summer.This places an
inconvenience on the staff at the program who plan on ending their work day/shift at a
reasonable time; in addition to the increase in staffing cost of the program.
Staff surveyed thirteen communities; of those, three have a late pick up policy in effect. These
three communities have a policy worded similar to the proposed policy.
Attachment
Late Fee Policies of Other Communities Survey
Survey of Other Communities
2005 Late Fee Policies
Bloomington
-do not have a fee
-It is not an issue
Burnsville
-No fee
Chanhassen
-Never been an issue
-No late fee
Chaska
-Do not have a policy
Eagan
-Only preschool program has a fee
- $10 every ten minutes,bill via letter
-Fee is made aware through their handbook
- 1st time being late=verbal warning
-2nd time being late= start fee
Edina
-Could not get a hold of
Maple Grove
-No fee
-Typically not problem with parents picking up late
Minnetonka
-No fee
-Up to parents how children get there and are picked up
Plymouth
-Left up to leaders
-If parent is consistently late, leaders contact supervisor, supervisor contacts
Parents
- $5 every 5 minutes
- %2 hour to 45 minutes call the cops
Survey of Other Communities
2005 Late Fee Policy
November 7, 2005
Page 1
Shakopee
-Could not get a hold of
Richfield
-Could not get a hold of
Lakeville
-Not an issue
-No late fee
YMCA's
-Parents are aware of fee beforehand
-Charge$1/minute starting at 6:05 pm
-Most children have been in program for years, so they know the routine
-Not too much of an issue
Survey of Other Communities
2005 Late Fee Policy
November 7, 2005
Page 2
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 5, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Development/ Eden View Estates
Planning
Janet Jeremiah
Michael Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Direct Staff to prepare a Findings and Conclusions for Denial.
Synopsis
This is a subdivision of 8.00 acres into 2 lots in the Rural Zoning District.Access is proposed to
Turnbull Road which is private property owned by John Turnbull. The Eden View Estates
property currently does not have access rights to the private road. The staff report recommended
that this property be acquired and shown as right of way on the preliminary plat. The preliminary
plat does not show this right of way. Without the right of way the property does not have access
and the project should be denied.
Background Information
The approval of the subdivision and the granting of the waivers will protect approximately 60%
of the land. The land dedicated to the city will be cleared of all structures and restored with
native prairie grasses. This limits the number of homes on the bluff,reducing the visual impact
and saving trees and slopes from impact in the future. This approach to limited land development
with waivers in exchange for dedication of land is similar to the McCall Bluff and Grootwassink
projects to the east.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project to the City Council at
the November 14, 2005 meeting based on the land dedicated to the City along the north side of
proposed lots 1 and 2.
Attachments
1. Resolution PUD Concept Review
2. Resolution Preliminary Plat
3. Staff Reports
4. Location Map
5. Land Use Map/Zoning Map
6. Planning Commission Minutes
7. Project Narrative
6889 Rowland Road, Sulte 100• Eden Prairie, MN 55344-3380
Phone 952-949-3630 • Fax 952-949-3730
December 5, 2005
Michael Franzen
City Planner,
City of Eden Prairie
8080 Mitchell Road
Eden.Prairie, MN 55344
RE: Eden View Estates
Eden Prairie, MN
Dear Michael;
Please accept this letter requesting continuance of.Eden View Estates until the January
17, 2006 City Council Meeting pending resolution of the access to the site.
Sincerely,
Donald R. Uram
Senior Vice President
Insignia Development
DRU/aa.
Specializing In Land Development
Affigated with the JMS Group
EDEN VIEW ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN VIEW ESTATES
FOR INSIGNIA DEVELOPMENT
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 November 14,
2005, on Eden View Estates by Insignia Development 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 December 5, 2005.
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden View Estates, 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 November 7,2005.
3. That the PUD Concept meets the recommendations of the Planning Commission
November 14, 2005.
AD i cn day of December
OPTED by the City Council of the City of Eden Prairie this 5 y ,
2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept-
Legal Description:
The East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30,Township
116, Range 22, excepting there from the following parcels: The North 4 rods thereof, That
part lying westerly of the center line of Dell Road; That part of the East Quarter of the
Southeast Quarter of the Southeast Quarter of Section 30 described as follows: Commencing
at a point which is distant 330 feet west and 232 feet north from the southeast corner of said
Section 30; thence North 70 degrees 30 minutes East 83 feet to a 24 inch oak tree; thence
North 48 degrees 47 minutes West 104 feet along the center line of a public cart way; thence
due South 96 feet to the place of beginning; also except that part of the Southeast Quarter of
the Southeast Quarter of Section 30,Township 116,Range 22 described as follows:Beginning
at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an
assumed bearing of North 89 degrees 36 minutes 01 seconds West,along the south line of said
Southeast Quarter of the Southeast Quarter,a distance of 330.31 feet to the east line of said
Southeast Quarter of the Southeast Quarter; thence South 0 degrees 28 minutes 55 seconds
West,along said east line,a distance of 204.21 feet to the point of beginning
AND
The West%of the Southeast Quarter of the Southeast Quarter of Section 30,Township 116,
Range 22,excepting there from the following parcels: The North 4 rods thereof and that part
lying westerly of the center line of Dell Road.
Also excluding from both parcels all that part of the Southeast Quarter of the Southeast
Quarter which lies south of the northerly line of State Highway 169 and 212 as traveled.
This property could be described as follows:
That part of the Southeast Quarter of the Southeast Quarter of Section 30,Township 116,
Range 22,Hennepin County,Minnesota lying south of the north 4 rods thereof,lying
easterly of the center line of Dell Road and lying northerly of the north right of way line of
State Highway 212 as traveled.
EDEN VIEW ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION APPROVING THE PRELINUNARY PLAT
OF EDEN VIEW ESTATES FOR INSIGNIA DEVELOPMENT
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Eden View Estates for Insignia Development stamp dated November
7, 2005, and consisting of 8.00 acres into two lots,a copy of which is on file at the City Hall, is
found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 5 h day of December, 2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A.Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Michael D.Franzen, City Planner
DATE: November 10, 2005
SUBJECT: Eden View Estates
APPLICANT/ Insignia Development
OWNER: Gary Stevens
LOCATION: 17650 Flying Cloud Drive
1. Planned Unit Development Concept Review on 8.00 acres
REQUEST: 2. Planned Unit Development District Review and Zoning District
Amendment in the Rural Zoning District on 8.00 acres.
3. Preliminary Plat of 8.00 acres into two lots and one outlot
Staff Report— Eden View Estates
November 10,2005
BACKGROUND
This site is zoned Rural. The site is guided low density residential for up to 2.5 units per acre.
PRELIMINARY PLAT
The plan is to subdivide 8.0 acres into two lots and one outlot.An additional 17 feet of right of
way is needed along the portion of the east side of Dell Road. This will decrease the frontage of
the two lots on Turnbull Road by 8.5 feet each.The house pads would be 8.5 feet narrower in
order to match the setback waivers identified in the following section.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires the following waivers based on the proposed site plan.
Code Lot 1 Lot 2
10 acres 1.45 acres 1.32 acres
300 foot width 97.4 feet 94.2 feet
front setback 50 feet 83 feet 90 feet
front setback 50 feet 27 feet NA
side setback 50 feet 18 feet 16 feet
side setback 100 feet NA 15 feet
The property could develop when sewer and water is available in the future and no waivers would be
required.By granting the waivers now,the City receives 4.18 acres of land dedication and a prairie
restoration plan
ACCESS
Access is proposed to Turnbull Road which is private property owned by John Turnbull. The
Eden View Estates property currently does not have access rights to the private road. The
"Agreement Concerning Purchase of Drive Aisle"is proposed by adjacent land owners.After
this document is executed,the land should be dedicated to the City for right of way.
2
Staff Report— Eden View Estates
November 10,2005
HISTORIC,ARCHAEOLIGICAL OR CULTURAL RESOURCE
The Steven's property was initially assessed for historical significance in 1993 by Tellus
Consultants,Inc. as part of the second phase of a City wide historical resources survey. The
property was visited again in 2004 by staff, and most recently by Archaeological Research
Services(ARS) in October of 2005. The archaeological evaluation provided by ARS determined
that the site had been previously impacted or is so steeply sloped that the Eden View Estates
project can proceed without risk to significant archaeological resources. The remains of the late
nineteenth century farmstead located on the southern portion of the property was evaluated and
does not meet the criteria standards for historical significance listed in City Code. The farmhouse
has undergone numerous alterations dating back to the 1930's. Other outbuildings are in various
states of disrepair, some dilapidated. Overall,the farmstead lacks the historical integrity
necessary for local designation as a heritage preservation site.
TREES
There are 3,462 inches of significant trees on the proposed lots.Tree loss is 499 inches. The
required tree replacement is 95.78 inches.
SUMMARY
The approval of the subdivision and the granting of the waivers will protect approximately 60%
of the land.The land dedicated to the city will be cleared of all structures and restored with
native prairie grasses. This limits the number of homes on the bluff, reducing the visual impact
and saving trees and slopes from impact in the future.This approach to limited land development
with waivers in exchange for dedication of land is similar to the McCall Bluff and Grootwassink
projects to the east.
The Planning Commission should discuss the following questions.
1. Should the land be subdivided now or wait until sewer and water is available?
2. Does the City benefit from granting the waivers?
3. Are the trees and slopes best protected with the two lot subdivision?
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Review on 8.00 acres.
• Planned Unit Development District Review and Zoning District Amendment in the Rural
Zoning District on 8.00 acres.
• Preliminary Plat of 8.00 acres into 2 lots and one outlot.
3
Staff Report— Eden View Estates
November 10,2005
This is based on plans dated stamp dated November 7, 2005,and the following conditions:
1. Prior to City Council review, revise the preliminary plat to show 50 feet of right of way
along the entire length of Dell Road and show land area on the north side of proposed Lots 1
and 2 as right of way.Provide a tree replacement plan for 95.78 inches.
2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff,
utility, and erosion control plans for review and approval by the City Engineer and
Watershed District.
3. Prior to grading permit issuance,the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
4. Prior to building permit issuance for the property,the proponent shall pay the cash park fees.
5. The following waivers are granted as part of the PUD.
Code Lot 1 Lot 2
10 acres 1.45 acres 1.32 acres
300 foot width 97.4 feet 94.2 feet
front setback 50 feet 83 feet 90 feet
front setback 50 feet 27 feet NA
side setback 50 feet 18 feet 16 feet
side setback 100 feet NA 15 feet
6. Dedicate Outlot A to the City.
4
Area Location Map - Eden View Estates
Address: 17550 Flying Cloud Drive
� 1
Del!Rd..
Turnbull Rd.
SITE
Flying Cloud/212
\ 0 Cale
Zoning Map
Eden View Estates
17650 Flying Cloud Drive, Eden Prairie, Minnesota
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F
Tumbull Road
" v r Dell Road
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SITE
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Flying CloudI212
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City of Eden Prairie Zoning Map
` 1 Rural One Family •10 acre min. Highway Commercial Shoreland Managernerit Classifications
R1-44 One Family-44,000 st.thin. RegionalService commarcm 10 Natural Environment Waters
R3-22 One Fan*-22;000 st min. Regional Commercial Recreational Development Waters
1 Rt-13.5 One Family-la,r�lo si min. Industrial Park.2Acre thin, Cereral t)evelDprr,ent Waters(Creeks Only)
lM 100- Year Ftoodplain
RI-9,5 One Family-8,50i)sf tin, Industrial Park.,5Acre Min,
Htqhway#312 West of Cour4 Wad#4 is pmposazt.not constructed at this twe,
RM-6.5 Muftl-family-6.7 U-P.A.max, General Jacusidal-5 Acre Min. Up dare!throuo Ordinance 4i58�00
RM-15 Multi-Family-l7 4 U.P.A.max. PuMic Ordinance M-m(8F1 liar)awoved,but root shown on this map RdAtOn
Olfice =water Date.June 24.20t51
�• w wrta. x,+waa..w.ro w..awva�«.% ► .a.aa.=w.
Neigntwrtu3od CrxmtrrrCiai �j F?lght-Of-YYr3y
Community Commercial Chanhassen city kmits �
Guide Plan Map
Eden View Estates
17650 Flying Cloud Drive, Eden Prairie, Minnesota
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Dell Road
i SITE
lying CloudT12
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City of Eden Prairie
Plan Isla 2 �1 -�
Low Density Residential 0-2.5 Units''Acre �-Neighbornood Commercial Principal Arterial
Law Densty,PubtictOpen Space Community Commercial -A Minor Arterial f
....
Medium Density residential 2.5-10 Units Ac'e IN Regional Commercial --- B lAinor Arterial
Medium Densieq on Park'Cipen space -t�a7t7r Collector .+
!. <=High Lens:}Reside=i#ial 10 UnitsAcre Public C2uasi Public Min'v Collector
Office Chwenj Cemetery
OfficeAndustnal i Open water DATE Ae cv patsra
,y DATE Rt nAd
LCf6ce;Pub 3'„t}pen Space l'3t3t7- t-W y
Industrial Metropoitan Urban Service Une(MUSA)
Creeks
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,NOVEMBER 14,2005 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Larry Kacher, John Kirk,Vicki Koenig,
Kathy Nelson, Peter Rocheford, Fred Seymour,
Ray Stoelting,Jon Stoltz, William Sutherland
STAFF MEMBERS: Stu Fox,Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen, City Planner
Julie Krull,Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher,Rocheford, and
Sutherland.
II. APPROVAL OF AGENDA
MOTION by Koenig, seconded by Nelson,to approve the agenda. Motion carried 6-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON OCTOBER 10,2005
MOTION by Koenig, seconded by Seymour,to approve the minutes. Motion carried
6-0.
PLANNING COMMISSION MEETING HELD ON OCTOBER 24,2005
Kirk stated that on page 6, approximately two-thirds of the page down,the statement that
read, "The current letter from Mr. Peterson would confirm that he had one sign on his
property and the sign had been there since 10/26/52", contained an incorrect date. The
correct date should be 10/26/62. Franzen confirmed that the date should be 10/26/062.
MOTION by Nelson, seconded by Koenig,to approve the minutes. Motion carried 4-0.
Koenig and Nelson abstained.
Planning Commission Minutes
November 14, 2005
Page 2
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
VI. PUBLIC HEARINGS
A. DOUGHTY ADDITION by Baton Building Company. Location is 13200
Roberts Drive. Request is for Zoning District Change from Rural to R1-13.5 on
1.06 acres; Preliminary Plat of 1.06 acres into two lots and road right-of-way.
Randy Zedlick, of the Baton Building Company, presented the proposal. He
started out by stating that he is here tonight to request the lot split for the property
on 13200 Robert Drive. He stated that he presented the layout and plans to Staff.
He also stated they were originally purposing a three lot division but after
reviewing the steep slopes and the tree loss they felt that a split down to two lots
would be more feasible. Mr.Zedlick stated that the memorandum sent out by the
Planning Department described that they were not asking for any variances and
were also within the tree preservation guidelines.
Stoelting asked Franzen to review the staff report. Franzen stated that this request
is for a two lot subdivision that conforms to the R1-13.5 zoning regulations and
the associated subdivision regulations. The staff recommendation is for approval
according to the recommendations on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Koenig commented that she would like to thank the project proponent for just
going with two lots instead of three because that property is extensively wooded.
MOTION by Kirk, seconded by Nelson,to close the public hearing. Motion
carried 6-0.
MOTION by Kirk, seconded by Stoltz,to approve the Zoning District Change
from Rural to R1-13.5 on 1.06 acres and Preliminary Plat of 1.06 acres into two
lots and right-of-way based on plans stamped dated November 10, 2005, and the
staff report dated November 10, 2005. Motion carried 6-0.
B. EDEN VIEW ESTATES by Insignia Development LLC. Location is 17650
Flying Cloud Drive. Request is for a Planned Unit Development Concept Review
on 8.00 acres;Planned Unit Development District Review and Zoning District
Amendment in the Rural Zoning District on 8.00 acres;Preliminary Plat of 8.00
acres into two lots and one outlot.
Planning Commission Minutes
November 14, 2005
Page 3
Don Uram, of Insignia Development LLC,presented the proposal. Mr.Uram
stated that they are proposing the development of an 8 acre parcel into two
residential single family lots and one outlot containing approximately 4.5 acres
for dedication to the City for protection of slopes and trees. He pointed out that
the development is at the intersection of a private drive on Turnbull Road and
Dell Road. He also stated that they are complying with Staff's recommendations
for the dedication of right of way for Dell Road. Mr. Uram stated that there is a
question in the staff report regarding the dedication of the right away along the
north property line. To provide access to the two single family lots,rather than
from Dell Road, he stated that they were asked by the City to acquire a private
driveway access to provide access to the site. He stated that along with the two
other property owners directly to the east of the property they were able to acquire
that property and it is owned as tenants in common with all three landowners.
Mr.Uram said that City Staff has requested a right of way dedication and he
informed Staff that they would comply with any of the City's requirements for
their portion of the property. He pointed out that they are one-third owner and
that they do not have control over the other two property owners so it turns out to
be a technical issue for how they are to give the City the property. Mr. Uram
emphasized that they are complying with all other Staff recommendations;
including tree replacement and waivers.
Stoelting asked Franzen to review the staff report. Franzen stated that there is a
Summary Section on page 3 of the staff report and it is also the same one they had
written for such projects as McCall Bluff and Grootwasink. He pointed out that
because this site is located along the bluff,the City looked at how best they could
accommodate some development while still maximizing the amount of land on
the bluff that could be preserved. He stated that the staff report talked about
granting of waivers for lot size in the rural district in exchange for the dedication
of land and road right of way. Franzen pointed out that since it was required with
similar projects the same thing should hold true for developing the Gary Stevens
property. Staff recommendation is for approval based upon the conditions and
requirements on page 3 and 4 of the staff report.
Stoelting asked Staff if the right of way under dispute was addressed in the staff
report. Gray addressed the question by stating that this should not be classified as
a dispute but rather an opportunity. City had originally directed them to obtain
the right to be able to use this corridor for ingress and egress and the benefit
would be that these lots would not be taking access to Dell Road directly,which is
a north/south roadway,but more to a corridor that would have more of a character
of a residential street. This is a piece of property that serves no other purpose
than access to this property and other properties but it was in private ownership
and there were some disputes about to what extent other properties could use it for
ingress and egress. The consortium of land owners has not acquired it and the
City would like to explore the possibility that it could be dedicated as public right
of way. Gray said that it should be considered a future step and not an
impediment to the project itself because the City has not intended for that to
Planning Commission Minutes
November 14, 2005
Page 4
happen. He pointed out that the developer has more than met the goal of the
City's original direction of them to obtain the right of ingress and egress.
Because of this,the project stands with good merits and balance and would
benefit the City in the long run. Gray stated that with the Commission's approval
they would like to work with the developer and other property owners to see if the
property could be set up in the future to have a public utility corridor and possibly
a public street along the corridor.
Stoelting asked Gray where the right of way corridor is located. Gray stated that
in looking at the diagram and at lots one and two it is directly north in the
rectangular box.
Stoelting opened the meeting up for public input.
Gary Stevens, of 17650 Flying Cloud Drive and current owner of the property,
wanted to commend Michael Franzen and his Staff and the Planning Commission
for what has been done for the whole southwest area and with the similar projects;
Grootwasink and McCall. He is grateful that this area is not a high density
housing project.
Koenig asked the project proponent if he decided what species of trees he had in
mind for the tree replacement plan. Mr. Uram stated that he has not given any
consideration to the species of trees and asked Fox if he had a recommendation.
Fox stated that Staff would take a look at what is in the surrounding area and
stated that across the road there are some large burr oak trees but that any species
that would keep with the character on Turnbull Road would be adequate.
Nelson stated that she is pleased that this bluff area is being finished out with this
project and wanted to commend the City Staff and all of the property owners for
all of their work.
MOTION by Koenig, seconded by Nelson,to close the public hearing. Motion
carried 6-0.
MOTION by Koenig, seconded by Kirk,to approve the Planned Unit
Development Concept Review on 8.00 acres,the Planned Unit Development
District Review and Zoning District Amendment in the Rural Zoning District on
8.00 acres, and the Preliminary Plat of 8.00 acres into two lots and one outlot
based on plans stamped dated November 7, 2005, and the staff report dated
November 10,2005. Motion carried 6-0.
VIL MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
Planning Commission Minutes
November 14, 2005
Page 5
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Franzen distributed material on the Eden Prairie Major Center Area final draft,which will
be addressed at the November 28 h Planning Commission meeting. This will be the only
item on the agenda.
XI. ADJOURNMENT
MOTION by Nelson, seconded by Koenig,to adjourn the meeting. Motion carried 6-0.
There being no further business,the meeting adjourned at 7:20 p.m.
Eden View Estates
City of Eden Prairie Minnesota
Insignia Development is proposing the plat of Eden View Estates, 2 premium lots
overlooking the Minnesota River. In cooperation with the City, the Preliminary Plat
exhibits over 50% of the property (the bluff) remain undisturbed and controlled by a
conservation easement. In addition, Insignia will be demolishing all buildings at the base
of the bluff and restoring the area to a natural environment.
Insignia Development proposes two lots of 1.3 and 1.5 acres with 4.2 acres to be
an Outlot. Each home site will be served by private water and sewer. Access to the
homes will be provided by a shared private road(Turnbull Road).
At this time,Insignia requests City Staffs acceptance of the Preliminary Plat
application—Eden View Estates with the following variance;
1. Insignia proposes a tapered Dell Road ROW beginning with 33 feet at the
northerly property line and expanding to 50 feet effectively at Outlot A and
continuing at 50 feet south to Hwy 212.
a. We believe a 100 foot ROW for Dell Road(50' each side)to be
excessive
b. Worst case scenario's might dictate the taking of 50 feet,however,
there are no plans for Dell Road to be improved
c. Insignia has cooperated with Staff and secured access to Turnbull
Road to avoid Dell Road at an expense to the development
We look forward to your support. Thank You.
PLANNING DEPT. UU
NOV 2 S 2005
CITY OF
EDEN PRAIRIE
PLANNING DEPT.
AGREEMENT CONCERNING NOV 0 7 2005
PURCHASE OF
COMMON DRIVE AISLE CITY OF
EDEN PRAIRIE
THIS AGREEMENT CONCERNING PURCHASE OF COMMON DRIVE AISLE is
made as of the day of 2005,by and between Insignia Development LLC,
a Minnesota limited liability company ("Insignia"), Jeffrey S. McCall ("McCall'), Gordon
Barker and Barbara L. Barker, husband and wife (collectively, the "Barkers"),and Chicago Title
Insurance Company("Escrow Agent").
RECITALS:
WHEREAS, Insignia, McCall, and the Barkers (collectively,the"Parties In Interest") all
own,or have an interest in,adjacent parcels of real property in Eden Prairie, Minnesota;
WHEREAS,the Parties In Interest have agreed to jointly acquire a certain parcel of land
that is adjacent to their respective properties, that consists of approximately 6,894 square feet of
land area, and that is further described on Exhibit"A" attached hereto (the "Common Driveway
Parcel');
WHEREAS, the Common Driveway Parcel is presently owned by John A. Turnbull
("Turnball");
WHEREAS, the Parties In Interest desire to set forth their agreement concerning their
joint acquisition of the Common Driveway Parcel, their respective obligations to pay for the
costs of such acquisition and the manner in which they shall jointly use and enjoy the Common
Driveway Parcel.
NOW, THEREFORE, in consideration of the foregoing and for other valuable
consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Acquisition of Common Driveway Parcel. Upon the establishment of the escrow
contemplated in Paragraph 2 hereof, McCall shall execute and deliver a purchase agreement to
acquire the Common Driveway Parcel upon substantially the same terms as the Vacant Land
Purchase Agreement attached hereto as Exhibit `B" (the "Purchase Agreement"), and McCall
shall use reasonable efforts to procure the execution and delivery of the Purchase Agreement by
Turnbull and his spouse, if any. Following the full execution and delivery of the Purchase
Agreement, McCall shall not agree to the amendment of any material term thereof without the
prior written consent of all other Parties In Interest.
2. Establishment of Escrow. An escrow is hereby established with Escrow Agent in
the total amount of$32,000.00 to pay the purchase price for the Common Driveway Parcel that
is designated in the Purchase Agreement ("the Closing Escrow") through the following
contributions:
a. Insi_g_ni Insignia shall herewith transmit to Escrow Agent the sum of$15,000.00
to be deposited in the Closing Escrow.
b. Barkers. Barkers shall herewith transmit to Escrow Agent the sum of$15,000.00
to be deposited in the Closing Escrow.
C. McCall. McCall shall herewith transmit to Escrow Agent the sum of$2,000.00 to
be deposited in the Closing Escrow.
3. Closing and Disbursement of Escrow. McCall shall proceed in good faith and
with reasonable diligence io complete the closing of the purchase of the Common Driveway
Parcel in accordance with the terms of the Purchase Agreement (the "Closing") and in
accordance with the following terms and conditions:
a. Tenants-In-Common. At Closing, but prior to the occurrence thereof, McCall
shall assign to both Insignia and Barkers a portion of McCall's rights under the
Purchase Agreement so that unencumbered, marketable fee title to the Common
Driveway Parcel is separately conveyed by Turnbull at Closing to Insignia,
McCall and the Barkers with each Party In Interest owning a one-third interest as
tenants-in-common.
b. Disbursement from Escrow. At Closing, the parties shall cooperate in the
execution and transmittal of a joint direction to Escrow Agent to disburse the
entirety of the Closing Escrow in payment of the purchase price for the Common
Driveway Parcel.
C. Insufficient Escrow. In the event the Closing Escrow is insufficient to pay the
sum of the purchase price and reasonable and necessary closing costs prorated
and/or allocated to the buyers under the terms of the Purchase Agreement or by
local practise, each of the Parties In Interest shall pay their respective
"Proportionate Share"of such deficiency i.e. each Party In Interest will pay one-
third of such deficiency).
d. Use of Common Driveway Parcel. At Closing, and upon the acquisition of their
respective interests in the Common Driveway Parcel, the Parties In Interest shall
execute and deliver an instrument that is reasonable in form and that creates a
non-exclusive easement for vehicular and pedestrian access over and across the
Common Driveway Parcel that benefits each of the adjacent parcels that are
owned by the Parties In Interest, which easement agreement shall otherwise
contain commercially reasonable terms.
4. Duties of Escrow Agent. The acceptance by Escrow Agent of its duties under this
Escrow Agreement is subject to the following terms and conditions, which all parties to this
CADxuments and Settings0avidMLocal SettingATempormy]ntemet f)les10LK2%445470.doc
Escrow Agreement hereby agree shall govern and control with respect to the rights, duties,
liabilities and immunities of the Escrow Agent:
a. Escrow Agent is not a party to, and is not bound by, any agreement which may be
evidenced by or arise out of the foregoing escrow instructions, other than
expressly therein set forth;
b. Escrow Agent shall be protected in acting upon any written notice, request,
waiver, consent, receipt or other paper or document which Escrow Agent in good
faith believes to be genuine and what it purports to be;and
C. Escrow Agent shall not be liable for any error of judgment, or for any act done or
act taken or admitted by it in good faith, or for any mistake of fact or law, or for
anything for which it may do or refrain from doing in connection therewith,
except its own misconduct. The undersigned hereby indemnify and agree to pay
Escrow Agent for any claims or expenses arising out of this Agreement, including
court costs and reasonable attorney's fees, to the extent not arising as a
consequence of Escrow Agent's bad faith or misconduct.
5. Binding Effect. This Escrow Agreement shall be binding upon and inure to the
benefit of the parties,their successors and assigns.
6. Applicable Law. This Escrow Agreement shall be governed by the laws of the
State of Minnesota.
7. Modification. No rescission of this escrow or modification of its terms shall be
effective without the written consent of each of the undersigned.
8. Escrow Fees. Escrow Agent may disburse to itself its customary escrow fee from
the Escrow as compensation for the performance of its duties hereunder.
9. Notices. Any notice required or permitted by this Agreement shall be given in
writing and shall be deemed to have been given when delivered in person or when deposited in
the United States Mail, either certified or registered with return receipt requested, postage
prepaid, or if delivered prepaid to a nationally recognized overnight courier, addressed as
follows:
If to Insignia: Insignia Development LLC
6889 Rowland Road, Suite 100
Eden Prairie, MN 55344
with a copy to: Gary C. Eidson
Fabyanske, Westra,Hart&Thomson P.A.
800 LaSalle Avenue
Suite 1900
Minneapolis, Minnesota 55402
CADocuments and Settings0avidMLocal Settings\Tempomry Intemet PJes\OLK'2191445470.doc
If to Barkers: Gordon and Barbara Barker
9991 Dell Road
Eden Prairie,MN 55347
If to McCall: Jeffrey S. McCall
9997 Dell Road
Eden Prairie,MN 55347
If to Escrow Agent: Chicago Title Insurance Company
9855 West 78`h Street
Suite 350
Eden Prairie,MN 55344
Attn: Ms. Tammy Hartman
and to such other address fcr any party or additional address as such party hereto may hereafter
designate in a notice in writing given to the other parties hereto,as hereinabove provided.
(signature page follows)
C Documents and Settings0avidMLoca!SettingslTemporary intemet g1cs1OLK291445470.doc
THIS AGREEMENT CONCERNING ESCROW FOR COMMON DRIVE AISLE is
executed and delivered as of the date first above written.
Insignia Development LLC,
a Minnesota limited IiabiIity company
By:
Its:
Gordon Barker
Barbara Barker
Jeffrey S. McCall
Chicago Title Insurance Company
By:
Its:
CADocuments and settingslDavidMLocal settingffempomry lntemet gles10LK291445470.doc
Exhibit"A"
Description of Common Driveway Parcel
The parcel located at 10001 Dell Road that is identified as tax parcel 30-116-22-44-0003,and
that is legally described as the South 2 Rods of the North 4 Rods of that part of the SE '/a of the
SE 'A Lying East of Town Road,Hennepin County, Minnesota.
CADocuments and 5ettings0avidA\Locaf SettingsWemparary Intemet blesXOLK291445470,doc
Exhibit"B"
Copy of Purchase Agreement
CADocuments and SettingslDavidAlLocal SettingslTempomry Intemet 71eS1OLK291445470.doa
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Shawn P.Tracy,Environmental Biologist
Earth Wizards,Inc.
1071 County Highway 10 NE,Suite 150
Minneapolis,MN 55432
8 September 2005
David Adkins
Insignia Development
6889 Rowland Road Suite 100
Eden Prairie,MN 55344-3380
Dear Mr. Adkins,
We are pleased to precept you this Natural Resource Restoration Plan for the Stevens property at
the intersection of Highway 212 and Dell Road in Eden Prairie,MN. In this proposed plan,we identify
the materials,methods and timeframe appropriate for restoring prairie and wetland habitats as per the
request of the City of Eden Prairie. A separate letter identifies cost estimates associated with this
restoration plan. Should you have any questions regarding either of these documents please don't hesitate
to contact us at any time.
We look forward to working with you on this project!
Sincerely,
Shawn P.Tracy
Environmental Biologist
612.205.5739
763.784.3833
RE CR 0 T 2
D
D PLANNING DEPT.
NOV 0 7 2005
CITY OF
EDEN PRAIRIE
1071 County Highway 10 N.E..Suite 150• Minneapolis.MIN
Ph:763.784.3833•Fx:763.784.9642•shawnCwearthwizards.com-www.eanhwizards.com
Natural Resource Restoration P1an.�Stevens Property,Eden Prairie 8 September 200S
t
Natural Resource Restoration Plan: Stevens Property, Eden
Prairie (HM 212 and Dell Road)
Prairie Area
In order to minimize erosion potential and costs associated with mechanical cultivation every two weeks
throughout the growing season of 2006, we propose to use a no-till method. The no-till method also has
CP
the advantage of not breaking down soil structure or promoting weed seed germination or infestation
thereby increasing the chances for successful native seed establishment.
Site Prep
To prepare for the no-till installation method, Glyphosate will be applied as needed to successfully kill
existing Bluegrass and weed species in the areas proposed for Prairie establishment. We expect no less
than three courses of herbicidj application during the growing season of 2006. Round-Up will be applied
to upland areas and Rodeo will be applied in buffer areas from wetland edges to 25 feet upland. No cover
crop will be needed for this method as the dead turf will act as erosion control. Immediately before seed
drilling of the site, the entire turf area will be lightly disked to break up compact root structure. This step
will increase germination in the drilled seeds.
Any re-grading needed as a result of demolition should occur immediately after the demolition.
These sites' soils will need to be amended with topsoil. After the amendment,a cover crop will be seeded
into the area. For temporary erosion control, straw will be laid down and crimped into the soil. Any
excess soils that may be the result of demolition or regrading should be used to fill the drainage gully that
currently runs along the driveway to the west. Any additional material required to fill in the gulley will
be brought in off site. No fill material containing invasive plant species will be used.
Installation
After the turf grass and weeds are effectively killed, and no less than one week after the last herbicide
application, native forb,grass and sedge seeds will be drilled into the soil through the turf. According to
the pre-settlement vegetation map by Marshner and the local soils data, this site's likely historic plant
4
communities would likely have been anything within the range of big woods, hardwoods, tall grass
prairie, oak barrens, dry savanna or prairie. Given the local soils and historical information, we propose
to use the following species list to achieve pre-settlement vegetation:
Earth wizards,Inc. 1
1071 County Highway 10 N.E..Suite 150-Minneapolis.MN
Ph:763.784.3833-Fx:763.784.9642-shawnr carthwizards.com-www.earthwizards.coM
k
Natural Resource Restoration Plan:Stevens Property,Eden Prair to 8 September 2005
Table 1. The proposed species list for the Dry Prairie areas of the restoration.
FORBS 50%)
Butterfly Weed Ascel ias tuberose Wood Beton Pediculans canadensis
Sky Blue Aster Aster azureus Foxglove Beardton ue Penstemon digitalis)
White Wild Indigo Ba tisia leucantha Purple Prairie Clover Petalostemum u ufeum
Prairie Coreo is Coreo sicpalmate) Yellow Coneflower Ratibida inntsta
Pale Purple Coneflower(Echinacie alfida) Black-eyed Susan Rudbeide hirts
Rattlesnake Master(Eryngium uccifolium Sweet Black-eyed Susan Rudbelda subtomenfosa
Stiff Gentian Gentian uin uetblia Brown-eyed Susan Rudbefda tnloba
Western Sunflower Helianthus occidentefis Compass Plant Sif hium laciniatum
Round-headed Bush Clover Les edeze ca itata Stiff Goldenrod Solids o n ida
Button Blazing Star Liatns as era Showy Goldenrod Sofida o speciosa
Wild Bergamot Monarda fistulosa Ohio S iderwort Tradescantia ohiansis
Wild Quinine Parthenium infe rffolfum Hoary Vervain Verbena stricta
GRASSES(50%
Mix of Big&Little Bluestem(Andropogon gerardii and A.sco anus Canada Mid Rye El us canadensis
Side-oats Grams Souteloue curt! endula) Indian Grass So hastrum nutans
Prairie Brome Bromus calms
l
Wetland and Buffer Areas
The site contains 4 wetlands that were delineated by Kjolhaug Environmental Services Company in 2005.
Wetlands 1, 2 and 3 occur west of the driveway on the property and appear to be seep-fed. Wetland 4 is
located immediately adjacent to Highway 212. At the time of this proposal's drafting, the official
delineation report was not available to Earth Wizards, Inc. However,correspondence with the delineator
and Hedlund Engineering provided information important to this restoration plan. What was observed by
Earth Wizards, Inc. on a site visit earlier in 2005 was that wetlands I 3 were Type 2 wetlands and that
wetland 4 was a Type 3 wetland. We propose that wetlands 1,2 and 3 be restored to Sedge/Wet Meadow
and their buffers as Wet Prairie. Wetland 4's buffer is proposed as Wet Prairie as well, while vegetative
communities within the delineation will be left as is due to its high quality.
In a memo from Kjolhaug regarding these wetlands, wetland 4(30-44-A)was evaluated as "high
quality"and requires a 50 foot buffer. The quality indicated by Kjolhaug for wetlands 1,2 and 3 (30-44-
C, 30-44-D and 30-44-E, respectively) were moderate, low and moderate, respectively. Therefore,
according to Eden Prairie's Vetland Ordinance,buffer sizes for wetlands I,2 or 3 should all be 25 feet in
t
width. The total wetland buffer areas for 1, 2 and 3 overlap and are treated as one continuous buffer in
this proposal.
Site Prep
In order to preserve soil microbial and fungal communities and to minimize breaking down of soil
structure and increased invasive/exotic species seed germination,wetland buffer areas and wetland basins
with turf grass will be scraped to remove vegetation and expose soils. A temporary cover crop of Oats
will be applied at a minimum rate of 20 pounds/acre. The site will be immediately mulched with clean
straw at a rate of 1.5 tons per acre and anchored with a disk or takifier. The site will be mowed to six
Earth Wizards,Inc.
1071 County Highway 10 N.E.,Suite 150•Minneapolis,MN
Ph:763.784.3833•Fx:763.784.9642•shawnrutearthwizards.com•www,earthwizards.com
Natural Resource Restoration Plan:Stevens Property,Eden Prairie 8 September 2005
inches twice per month after the cover crop is established, and before it goes to seed, in order to control
weeds. In late summer, early fall, at least two rounds of herbicide will be applied to kill the cover crop
and weeds.
Only those areas with jut existing native wetland vegetation will be prepped in this fashion.
Those areas with a healthy community of native vegetation will be preserved.
Installation
A dormant, broadcast seeding will occur in fall of 2006. The prepped areas will be scarified by hand-
raking. The seed will then be broadcast by mechanical spreader at a minimum rate of 30 pounds per acre.
The seed mix shall consist of at least 13 pounds of pure live seed (PLS) per acre of native prairie grasses
and 3 pounds PLS per acre of native forbs. A light raking will follow broadcasting. The seeded area will
then be mulched with clean straw at a rate of 1.5 tons per acre and then area will be packed.
Dormant, bare-root plants will be installed into the seeded and existing wetland vegetative
communities at a 24-inch spacing throughout the wetland area, but not within the buffer areas, to ensure
root structure and age/development diversity of the plant community. This step aids not only in erosion
control but also in enhancing habitat diversity. This measure is not necessary in the wetland immediately
off of highway 212 but will help ensure restoration goals within the wetlands on the west side of the
driveway.
The following species list (MNDOT Mixture 2513) will be used for buffer restoration for all
wetlands delineated on the property. Final species list will depend upon seed availability but will meet
the City of Eden Prairie's Ordinw.ce NO.6-2003 Section I L51,Subd. 9C Standards).
Table 2.The proposed species list for the buffer areas of the restoration.
Grasses:
ReGreen NA Fowl manna grass Gl ceria sMata
Bluestem,bigAnd on erardr R egrass.annual Lofium itaficum
Fringed brome eromus ciliate) Sv►itch grass(Panicurn vi arum)
BlueAoint grass Calama rostis Cenadensis Fowl bluegrass Poa alushis
Wheat grass,slender El mus track aulus Indian grass So heslrum nutans
Virginia wild-rye(Elymus vi inicus Prairie cord grass S artina ectinata
Reed manna grass(Glyceria randis
Other Graminoids:
Bottlebrush sedge Caren comosa Green bulrush(Sdrpus atravirens
Fox sedge Cam vul I Soft-stem bulrush(Scirpus valfidus)
Common rush Juncus effuses Wool grass(Scirpus erinus)
Forbs:
Canada anemone(Anemone Canadensis) Tall blazin star Liatris ostach
Marsh milkweed Ascl ias incarnate Great blue lobelia Lobelia si hWica
New England aster Aster novae-an fiae) Monkey flower Mimulus rfn ens
Swamp aster Aster uniceus) Wild Bergamot Monarda fistrdosa)
Sho tic-trefoil(aesmodium canadense) Black-eyed Suserfs Rudbeclda hirta
Jo a weed Eu atodum maculatum Grass-leaved goldenrod Sofida o raminifolia)
Boneset Eu atorium erfatiatum 4 Ironweed Veronia lasciculate
Early sunflower Heffo sis heflanthoidesi Blue vervain Verbena hastate
Blue-flag iris(Iris W inica-shrevii) Culver's root Veronicastrum vi inianum
Meadow blazin star Liatris fi ulis is Golden Alexander's(Zizea arrea)
Earth Wizartls,Inc.
1071 County Highway 10 N.E..Suite 150-Minneapolis,MN
Ph:763.784.3833-Fx:763.784.9642-shawnlwearthwizards.com-www.eanhwizuds.com
Natural Resource Restoration Plan:Stevens Property,Eder:Prairie 8 September 2005
The following species list (BWSR Mixture W2, Native Sedge/Wet Meadow) will be used for
within-wetland seeding and plantings for the wetlands to the west of the driveway. Final species list will
depend upon seed availability but will meet the City of Eden Prairie's Ordinance NO. 6-2003 Section
11.51, Subd.9C Standards).
Table 3.The proposed species list for the wetland areas of the restoration.
Grasses:
Slough grass,American Beckmannia s ' achne Manna gram,reed(Glycede randis
Brome,fringed Bromus ciliate Manna grass,fowl(Glyceria stdata)
Bluejoint grass Calama rostis Canadensis Bluegrass,fowl Poa alustris
Wild-rye,Virginia(Etymus vl inicus)
Other Graminolds:
Sedge,bottlebrush Carex comosa Bulrush,green(Scirpus atrovirens
Sedge,tussock(Csmx stricta) Wool grass Sci us ennus)
Sedge,fox Camx vul fnoidea Bulrush,river(Scirpus Buviatflis
Rush,slender Juncus tenuis Bulrush,soft-stem(Scirpus varrdus
Forbs•
Anemone,Canada Anemone Canadensis Iris,blue-fla !ris versicolo
Milkweed,marsh Ascle ies incamete Blazln star,meadow Liatris ligulistylisl
Aster,swam Aster uniceus Lobelia,great-blue Lobelia si hfiitfca
Aster,flat-topped Aster umbellatus Monkey flower Mimulus rin ens
Jo a weed(Eupeforium maculatum Mint,mountain nanthemum vi inianum
Boneset Eu atorium edoliatum Goldenrod,giant Solids o antean
Goldenrod,grass-leaved Euthamia raminifolia Vervain,blue Verbena hastate)
Sneezeweed Helenium autumnal&) Ironweed Verona fasaculate)
Sunflower,serrated Hefianthus rosseserratus Culvees root Veronicastrum vi inicum
Schedule
Task Approximate Timeframe
Prairie
1. Site Prep After building demolition's completion,2006
2. Installation Fail 2006
Wetlands
1. Site Prep Summer 2006
2, Installation Fall 2006
Earth Wizards,Inc. 4
1071 County Highway 10 N.E.,Suite 150•Minneapolis,MN
Ph:763.784.3833•Fx:763.784.9642•shawnflnearthwizards.com•www.carthwizuds.com
LC M � �' j
PLANNING DEM.
NOV 0 7 2005
CnY OF
EDEN PR RIE
REPORT ON CULTURAL RESOURCES RECONNAISSANCE SURVEY
FOR THE EDEN VIEW ESTATES DEVELOPMENT,
CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA
Prepared for:
Insignia Development, LLC
6889 Rowland Road, Suite 100
Eden Prairie, MN 55344-3330
By:
Christina Harrison, Principal Investigator
Archaeological Research Services
1812 15th Avenue South
Minneapolis, MN 55404
(612) 870-9775
October 2005
CONTENTS
MANAGEMENT SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . i
1.0 INTRODUCTION; DESCRIPTION OF SURVEY
AREA AND PROPOSED UNDERTAKING . . ... . . . . . . . . . 1
2 .0 ENVIRONMENTAL AND CULTURAL SETTING . . . . . . . . 1
3 .0 ARCHAEOLOGICAL INVESTIGATION: METHODOLOGY
AND RESULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.0 CONCLUSION AND RECOMMENDATION . . . . . . . . . . . . . 8
5.0 REFERENCES . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9
Appendix: Test Records
FIGURES
1. vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Topographic Setting and Identified
Archaeological Sites . . . . . . . . . . . . . . . . . . . . . . 3
3. Project Area: Existing Conditions . . . . . . . . 4
MANAGEMENT SUMMARY
On October 10-12, 2005, Archaeological Research Services (ARS)
conducted a Phase I cultural resources inventory survey within the
proposed "Eden Prairie Estates" development at 17650 Flying Cloud
Drive in Eden Prairie, southwestern Hennepin County, Minnesota.
The property encompasses approximately eight acres along the
Minnesota River bluffs east of Dell Road and south of Turnbull
Road in E/2 SE/4 SE/4 Section 30, T116N, R22W (Figures 1-2) . The
survey was conducted for Insignia Development, LLC, of Eden
Praire. The purpose was to assess the potential impact on historic
cultural resources of proposed residential construction on the
upper portion of the property and removal of existing buildings in
the southern part which would be a designated outlot (Figure 3) .
The northern two thirds of the survey area are part of the
pronounced southward slope of a narrow ridge which overlooks the
deeply cut Riley Creek valley to the north and the expansive
Minnesota River valley to the south.
The southern portion of the property, which abuts Flying Cloud
Drive, features more gentle slope and forms part of an
intermediate river terrace at the base of the bluff slope. The
terrace continues for another 300 feet south of the road and
overlooks Rice Lake with surrounding marshes and Minnesota River
bottomlands. North of the road, nestled into the base of the river
bluffs, are the remnants of one of the older farms in the valley;
a late 19th century house, a barn foundation, a smaller horse
barn, a smoke house, a chicken coop and several wooden sheds. The
current owner, Gary Stevens, still lives on the property.
Previously compiled cultural resource data indicate that river
bluff properties along/near Dell Road may have considerable
archaeological potential, located as they are near two groups of
Native American mounds that have been recorded a short distance to
the east on the crest of the narrow ridge (shown as 21 HE 24 and
21 HE 20 on Figure 2) and also less than a quarter mile east of 21
HE 21, a large mound group and Native American habitation site on
a wider portion of the ridge. A number of other Native American
habitation sites have also been recorded on uplands overlooking
Riley Creek and the Mississippi River (Harrison 1997, 1998, 1999
and 2000; Loucks Associates 2001; Vogel, Stanley and Bettis 1994;
Tellus Consultants 1992 and 1993) . About a mile east of the survey
area, a short distance upstream from the mouth of Riley Creek is
the historic Frederick Miller Spring.
Government records and historic accounts from the late 1800s
indicate that springs and seeps were well known and well used by
early Euro-American settlers. Long before that, springs were also
important to the the Native Americans in this area and they played
a significant role in Dakota Indian spiritual beliefs (Pond 1908) .
-ii-
The presence of the Dakota in the study area is also well
documented.
The paleoenvironment and the cultural sequence of Eden Prairie
have been discussed in a number of fairly recent reports listed in
Section 2.0. What these and other studies have shown is a fairly
consistent presence of Native American sites throughout the area -
- along the floodplain, intermediate terraces and bluffs of the
Minnesota River valley, along all of its tributary streams and
also around most of the lakes that are drained by these waterways.
Archaeologidal sites 'in these locations have produced materials
associated with the Paleoindian Tradition (11,500 - 8000 B.P. ) ,
the Archaic Tradition (8000 - 2500 B.P. ) and the Woodland
Tradition (2500 - 300 B.P. ) . They include extensive mound groups
from the Middle and Late Woodland periods in prominent locations,
particularly along the bluffs and terraces of the Minnesota River,
as well as a number of habitation sites that occur throughout the
area, particularly, as mentioned, around the numerous lakes and
along the tributary creeks. Often, however, they were recorded in
settings that have been disturbed by 19th and 20th century land
use.
The 21 HE 20 and 21 HE 24 mound groups that are located east of
Dell Road were both mapped in the late 1800s. 21 HE 24, the one
closest to the survey area, includes 21 mound features, some of
them placed on a prominent bluff spur, the rest irregularly
scattered towards the west along the crest of the ridge. All were
still visible when the site was remapped in 1981, allowing the
perimeters of the group could be clearly identified.
Because the extent of the 21 HE 24 mound group had been clearly
identified and accurately plotted as shown on the topographic map
in Figure 1, it proved easy to establish that the western end of
the mound group and the eastern edge of the survey area are
clearly separated by a distance of approximately 600 feet --
first, near the survey area, the head of a ravine, the 200 feet
wide neighboring residential parcel, a second ravine and then a
stretch of narrow, mostly sloping wooded bluff edge without any
sign of man-made mounds.
Following a preliminary walkover review of the entire parcel, it
seemed clear that the steepest slopes could be excluded from
survey because of their obvious lack of archaeological potential.
Moderately sloping areas were all inspected at intervals close
enough to provide complete visual coverage. Because of fairly
intensive. pedestrian and vehicular use of the area as well as
ongoing erosion and, in some spots, the removal of many trees with
large root systems, subsoil exposure was generally plentiful on
the bluff slope.
-iii-
In the lower southern portion, there were numerous deeply
disturbed areas around the residence and the outbuildings as well
as along the banks cut for the construction of retaining walls (as
indicated in Figure 3) . Between the old barn (most recently used
as a green house and a wetland near Flying Cloud Drive fairly
g ) Y 9 Y
recent construction of a large septic mound has also impacted the
surrounding portion of the terrace, presumably scraped to provide
fill for the mound. Exposure was also good to excellent along the
very eroded slopes of a wooded bluff spur that parallels the
eastern edge of the property along the ravine. All exposures were
examined, with negative results.
Only two areas -- the prominent terrace where the residence stands
and its northward continuation along the western side of the
ravine -- were level and undisturbed enough to warrant shovel
testing. Tests measured 35-40 cm in diameter and were taken down,
by 10 cm increments, into sterile mineral soil. Their locations
are shown in Figure 3 and the soil profiles on appended copies of
the test forms. All tests proved negative.
Although the farmstead dates back to the late 1800s and is one of
the properties that has been informally designated as an Eden
Prairie Heritage Site, it has not been included in the City's
official inventory of historic sites, nor does it appear to retain
enough structural and visual integrity for such listing. The
residence has been altered and modernized with later additions.
All that remains of the original dairy barn is a foundation that
has been further impacted by its conversion into a greenhouse, now
in serious disrepair. A smaller horsebarn at the back of the
complex, in the ravine, is also rather dilapidated as are many
smaller buildings, a garage and a storage shed.
The results of this survey indicate that the proposed Eden View
Estates project can proceed without any risk of adverse impact on
significant archaeological resources.
1.0 INTRODUCTION: DESCRIPTION OF SURVEY AREA AND PROPOSED
UNDERTAKING
On October 10-12, 2005, Archaeological Research Services (ARS)
conducted a Phase I cultural resources inventory survey within the
proposed "Eden Prairie Estates" development at 17650 Flying Cloud
Drive in Eden Prairie, southwestern Hennepin County, Minnesota.
The property encompasses approximately eight acres along the
Minnesota River bluffs east of Dell Road and south of Turnbull
Road in E/2 SE/4 SE/4 Section 30, T116N, R22W (Figures 1-2) . The
survey was conducted for Insignia Development, LLC, of Eden
Praire. The purpose was to assess the potential impact on historic
cultural resources of proposed residential construction on the
upper portion of the property and removal of existing buildings in
the southern portion which would be a designated outlot (Figure
3) .
The northern two thirds of the survey area are part of the
pronounced southward slope of a narrow ridge which overlooks the
deeply out Riley Creek valley to the north and the expansive
Minnesota River valley to the south.
Riley Creek is a tributary to the main river which it joins
approximately a mile to the east. From Dell Road, which here runs
south-southeast-south down the steep bluff slope into the valley,
Turnbull Road runs east along the crest of the narrow ridge, where
it already provides access to several newer single-family
residences and would do the same for Eden View Estates.
The southern portion of the property, which abuts Flying Cloud
Drive, features more gentle slope and forms part of an
intermediate river terrace at the base of the bluff slope. The
terrace continues for another 300 feet south of the road and
overlooks Rice Lake with surrounding marshes and Minnesota River
bottomlands. North of the road, nestled into the base of the river
bluffs, are the remnants of one of the older farms in the valley:
a late 19th century house, a barn foundation, a smaller horse
barn, a smoke house, a chicken coop and several wooden sheds. The
current owner, Gary Stevens, still lives on the property.
East of the survey area, in SW/4 SW/4 Section 29, is another
fairly steeply sloped residential lot which recently was surveyed
by ARS. Between that property and the Insignia/Stevens parcel, a
ravine winds back and forth across the Section 29/30 boundary, fed
in part by rain water, in part by several natural springs.
2.0 ENVIRONMENTAL AND CULTURAL SETTING
Previously compiled cultural resource data indicate that river
bluff properties along/near Dell Road may have considerable
archaeological potential, located as they are near two groups of
Native American mounds that have been recorded a short distance to
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i- 32AA
FIGURE 2
Eden Estates Project Area:
Topographic Setting and Identified Archaeological Sites
(USGS Topographic Quadrangle for Eden Prairie and Shakopee, Minn. 1967/1993)
-5-
the east on the crest of the narrow ridge (shown as 21 HE 24 and
21 HE 20 on Figure 2) and also less than a quarter mile east of 21
HE 21, a large mound group and Native American habitation site on
a wider portion of the ridge. A number of other Native American
habitation sites have also been recorded on uplands overlooking
Riley Creek and the Mississippi River (Harrison 1997, 1998, 1999
and 2000; Loucks Associates 2001; Vogel, Stanley and Bettis 1994;
Tellus Consultants 1992 and 1993) . About a mile east of the survey
area, a short distance upstream from the mouth of Riley Creek is
the historic Frederick Miller Spring.
The survey area falls within the Minnesota Valley Outwash Area, a
geomorphic region which encompasses the main river valley as well
as the lower reaches of its tributary valleys (AES 1973: 10-11) .
The main valley, as well as the uplands on either side -- part of
the Prior Lake Moraine and the Twin Cities Formation (ibid: 16-17
and 40-41) -- are landscapes that were shaped by the advancing and
receeding of the Des Moines Lobe during the Late Wisconsin
glaciation. The uplands consist of irregular moraines and a
scatter of ice disintegration features which have pitted the land
surface. The massive river valley, once carved by Glacial River
Warren, is now an oversized basin for the Minnesota River which
is flanked by intermediate terraces that consist of silt and sand
loam mantled sand and gravel deposits or bedrock.
Once the glacial meltwaters had found another outlet some 7,500
years ago and River Warren declined in size and velocity,
"the valley began to fill with slope sediments and a
smaller river was established, fed by its recently formed
tributaries. . . The downcutting of the Minnesota River
Valley and its tributaries exposed the previously buried
bedrock formations, and subsequently brought close to the
surface an important groundwater source, the Prairie du
Chien-Jordan aquifer. Numerous springs and seeps now occur
in the deeply cut river valley and its tributaries" (Gertz
1997, 5:1) ) .
Government records and historic accounts from the late 1800s
indicate that springs and seeps were well known and well used by
early Euro-American settlers. Long before that, springs were also
important to the the Native Americans in this area and they played
a significant role in Dakota Indian spiritual beliefs (Pond 1908) .
The presence of the Dakota in the study area is also well
documented:
"from the diaries, memoirs and oral histories of Eden
Prairie's settlers we are told that Dakota people continued to
occupy the Riley Creek valley near Fredrick-Miller Spring well
into post-settlement times. Spring Road is visible as a trail
in Section 29 on the General Land Office Map of Eden Prairie
Township (1855) . The trail also appears on the Indian Trails
-6-
map prepared by R.R. Cook (1860) . On both maps the trail
appears to cross Riley Creek at, or very near the spring, as
it does today. Local lore suggests that the Dakota believed
the spring to be medicinal and called it minewaucan, or
"curing water" (Gertz 1997, 6:1-2) .
As noted at the time of the original land survey, i.e. prior to
more extensive impact by Euroamerican settlement, the varied
topography of this general area allowed for a mosaic of habitats
and a wide range of resources:
• The uplands on either side of the Minnesota River supported "Big
Woods" hardwood forests (predominantly oak, elm, basswood, ash
and maple) and stands of aspen/oak as well as oak barrens
(Marschner 1974) . In the vicinity of the study area, the
uplands and south-facing river bluffs were covered by open
prairie.
• The sheltered, deeply incised and well watered tributary valleys
supported a variety of lowland trees, shrubs and herbs. As
mentioned above, they also provided easy access to fresh spring
water. Erosion around and within the valleys also facilitated
access to lithic raw materials suitable for the manufacture of
stone tools, primarily to cherts from the Prairie du Chien
formation but also to cobbles embedded within the glacial till.
• Down in the main valley, river bottom forest (primarily elm,
ash, cottonwood, boxelder, basswood, maple, willow and
hackberry) alternated with wet prairies, marshes and slough
grasslands.
The forest areas supported species such as white-tailed deer,
cottontail rabbit, woodchuck, raccoon and bear. The prairie and
prairie/woodland border would have sustained large mammals such as
bison and elk, as well as numerous small species. The rivers,
lakes, sloughs, and marshes contained muskrat and beaver, numerous
types of waterfowl, and many species of fish and turtle (Anfinson
1990) .
The paleoenvironment and the cultural sequence of Eden Prairie
have been discussed in a number of fairly recent reports such as
those describing the results of the city-wide cultural resource
survey (Tellus 1992 and 1993; Vogel, Stanley and Bettis 1994) and
others that were prepared for specific projects including studies
recently completed by ARS for the Settler's Ridge development,
for a proposed expansion of Flying Cloud Airport and for proposed
improvements at the Fredrick-Miller Spring locality (Harrison
1997, 1998, 1999, 2000a and 2000b) .
What these and other studies have shown is a fairly consistent
presence of Native American sites throughout the area -- along the
-7-
floodplain, intermediate terraces and bluffs of the Minnesota
River valley, along all of its tributary streams and also around
most of the lakes that are drained by these waterways.
Archaeological sites in these locations have produced materials
associated with the Paleoindian Tradition (11,500 - 8000 B.P. ),
the Archaic Tradition (8000 - 2500 B.P. ) and the Woodland
Tradition (2500 - 300 B.P. ) . They include extensive mound groups
from the Middle and Late Woodland periods in prominent locations,
particularly along the bluffs and terraces of the Minnesota River,
as well as a number of habitation sites that occur throughout the
area, particularly, as mentioned, around the numerous lakes and
along the tributary creeks. Often, however, they were recorded in
settings that have been disturbed by 19th and 20th century land
use.
The 21 HE 20 and 21 HE 24 mound groups that are located east of
Dell Road were both mapped in the late 1800s. 21 HE 24, the one
closest to the survey area, includes 21 mound features, some of
them placed on a prominent bluff spur, the rest irregularly
scattered towards the west along the crest of the ridge. All were
still visible when the site was remapped in 1981, allowing the
perimeters of the group could be clearly identified.
3.0 ARCHAEOLOGICAL INVESTIGATION: METHODOLOGY AND RESULTS
Because the extent of the 21 HE 24 mound group had been clearly
identified and accurately plotted as shown on the topographic map
in Figure 1, it proved easy to establish that the western end of
the mound group and the eastern edge of the survey area are
clearly separated by a distance of approximately 600 feet --
first, near the survey area, the head of a ravine, the 200 feet
wide neighboring residential parcel, and then a second ravine
followed by a stretch of narrow, mostly sloping wooded bluff edge
without any sign of man-made mounds.
No development/grading plans were yet available at the time of the
survey but the extent of proposed impact is suggested by the
indicated intent to build several single-family dwellings on
terraces graded into the bluff slope, all accessed from Turnbull
Road.
Following a preliminary walkover review of the entire parcel, it
seemed clear that the steepest slopes could be excluded from
survey because of their obvious lack of archaeological potential.
Moderately sloping areas were all inspected at intervals close
enough to provide complete visual coverage. Because of fairly
intensive pedestrian and vehicular use of the area as well as
ongoing erosion and, in some spots, the removal of many trees with
large root systems, subsoil exposure was generally plentiful on
the bluff slope.
-8-
In the lower southern portion, there were numerous deeply
disturbed areas around the residence and the outbuildings as well
as along the banks cut for the construction of retaining walls (as
indicated in Figure 3) . Between the old barn (most recently used
as a green house) and a wetland near Flying Cloud Drive, fairly
recent construction of a large septic mound has also impacted the
surrounding portion of the terrace, presumably scraped to provide
fill for the mound. Exposure was also good to excellent along the
very eroded slopes of a wooded bluff spur that parallels the
eastern edge of the property along the ravine. All exposures were
examined, with negative results.
Only two areas -- the prominent terrace where the residence stands
and its northward continuation along the western side of the
ravine -- were level and undisturbed enough to warrant shovel
testing. Tests measured 35-40 cm in diameter and were taken down,
by 10 cm increments, into sterile mineral soil. Their locations
are shown in Figure 3. Soil profiles were noted prior to
backfilling (see appended copies of the test forms) . All the tests
proved negative.
Although the farmstead dates back to the late 1800s and is one of
the properties that has been informally designated as an Eden
Prairie Heritage Site, it has not been included in the City's
official inventory of historic sites, nor does it appear to retain
enough structural and visual integrity for such listing. The
residence has been altered and modernized with later additions.
All that remains of the original dairy barn is a foundation that
has been further impacted by its conversion into a greenhouse, now
in serious disrepair. A smaller horsebarn at the back of the
complex, in the ravine, is also rather dilapidated as are many
smaller buildings, a garage and a storage shed.
4.0 CONCLUSION AND RECOMMENDATION
The surveyed parcel is separated from the western end of the 21 HE
24 mound group by approximately 600 feet of wooded, mostly sloping
terrain that shows no evidence of any unrecorded mound features.
Within the project area, visual inspection of numerous subsoil
exposures and shovel testing of vegetation-covered areas both
proved completely negative. The buildings on the property, though
generally historic in the sense that they predate the 1950s, are
either too altered or too dilapidated to be listed in the City's
historic sites inventory.
The results of this survey indicate that the proposed Eden View
Estates project can proceed without any risk of adverse impact on
significant archaeological resources.
-9-
5.0 REFERENCES
Agricultural Experiment Station (AES) , University of Minnesota
1973 Minnesota Soil Atlas: St. Paul Sheet. AES Miscellaneous
Reports 120. St. Paul, Minnesota.
Anfinson, Scott F.
1990 Archaeological Regions in Minnesota and the Woodland
Period. In The Woodland Tradition in the Western Great
Lakes: Papers Presented to Eldon Johnson, edited by Guy
E. Gibbon, pp. 135-166. University of Minnesota
Publications in Anthropology No.4, Minneapolis.
Gertz, John
1997 City of Eden Prairie Heritage Preservation Commission
Site Nomination Form.
Harrison, Christina
1997 Report on Cultural Resource Reconnaissance, Pemtom-Klein
Property ("The Vista"), Eden Prairie, Minnesota.
Prepared for the Pemtom Land Company, Eden Prairie by
Archaeological Research Services, Minneapolis.
1998 Addendum to the above.
1999 Expansion of Flying Cloud Airport: Review of Cultural
Resources, Part I: Reconnaissance Survey; Evaluation
of Archaeological Resources. Prepared for Metropolitan
Airports Commission and Federal Aviation Administration
by Archaeological Research Services, Minneapolis.
2000a Report On Partial Data Recovery, 21 HE 21 (The Fieldmann
Site), City of Eden Prairie, Hennepin County, Minnesota.
Prepared for the Pemtom Land Company, Eden Prairie by
Archaeological Research Services, Minneapolis.
2000b Report on Archaeological Reconnaissance-Level Testing
at the Fredrick-Miller Spring Site (HE-EPC-088), City
of Eden Prairie, Hennepin County, Minnesota. Prepared
for the City of Eden Prairie.
Loucks & Associates, Inc.
2001 Phase I Archaeological Reconnaissance Survey Of
a Proposed Development Area in T116N, R22W, Portions of
Sections 21, 28, and 29, Eden Prairie, Hennepin County,
Minnesota. Loucks Project Report 97510, prepared
for Dahlgren Shardlow and Uban, Inc.
Marschner, Francis J.
1974 The Original Vegetation of Minnesota. USDA-Forest
Service, North Central Forest Experiment Station, St.
Paul.
-10-
Pond, Samuel W.
1908 The Dakota or Sioux in Minnesota As They Were in 1834.
Reprinted in 1986 from Minnesota Historical Society
Collections 12: 319-501, by Minnesota Historical Society
Press, St. Paul.
Tellus Consultants, Inc.
1992 City-wide Cultural Resource Survey of Eden Prairie,
Minnesota: Year I: 1992. Kurt P. Schweiger, Principal
Investigator.
1993 Same as above, Year 2:1993.
Vogel, Robert C. , David G. Stanley and E. Arthur Bettis III
1994 Historic Landscape and Archaeological Surveys in the
City of Eden Prairie, Minnesota: Cultural Resource
Survey III Final Report. Bear Creek Archaeology, Inc. ,
Cresco, Iowa.
APPENDIX
Test Records
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CITY OF
EDEN PRAIRIE
' ti►.L3iT�Ri�diODRCS lI0J�i1F'!!'aOIS!"...llPJ�!'
09-07-05
INSIGNIA DEVELOPMENT
959-949-3630
SOIL TESTING AND DESIGN FOR SEPTIC SYSTEMS
LOCATION: 2-lot subbivision at the Gary Stevens property,Eden Prairie
Use of Building: SOIL TESTING TO DETERMINE SUITABLE LOTS FOR SEPTIC
SYSTEMS -
I did soil borings on the two parcels to be subdivided from the Stevens property
on Sept.6`h. The soil is primarily a fine sand with no signs of a restricting layer until
after a depth of 5 feet in one of the lower borings. A percolation test was done on each
parcel one being located in a tire track to check for possible compaction. In the initial fill
ten inches of water swept away in less than ten minutes so the test was completed the
same day. Both the primary and secondary drain field areas are within the tested area for
each lot. In ray opinion,both lots are suitable for in ground{trench}drain fields. The
final decision as to the suitability of these lots for standard septic systems will be up to
the authorities at the city of Eden Prairie. Additional testing will need to be done before a
septic system design can be done for these lots. The excavating for the house pads must
not with the natural drainage of the lots through the swale at the center of the property or
the drain field areas will need to be moved.
Trenches are designed to be at least 10 feet from any lot line and at least 20 feet
frdm the house or any building with footings. The well should be located on the opposite
side of the house at least 50 feet from any part of this system.
All wastewater treatment sites are to be cordoned off prior to the start of any
construction activity on the property. No construction traffic or grading permitted in
drain field areas. All prgposed wastewater treatment sites are to be protected with a
visual barrier to prevent construction traffic from encroaching into the test area and
possibly causing irreversible soil damage with respect to on-site wastewater treatment
and absorption. A septic system permit will not be issued until the tested area is
surrounded with snow or silt fence.
This soil testing was prepared in accordance to MN Chapter 7080 rules and
should be presented to the City of Eden Prairie for inspection as early as possible. All
soil samples shall be left in place until this inspection and all stakes shall be left in place
until the system is installed.
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BARRY BROWN
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CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 5,2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community Development/ Doughty Addition
Planning
Janet Jeremiah,Regina Herron
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change within the R1-13.5 Zoning
District on 1.06 acres; and
• Adopt the Resolution for Preliminary Plat on 1.06 acres into two lots and right-of-way; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
This is for a two lot single-family development. The plan meets the requirements of the R1-13.5
zoning district.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project to the City Council at
its November 14, 2005 meeting.
Attachments
1. Resolution for Preliminary Plat
2. Staff Report dated November 10, 2005
3. Location Map
4. Land Use Map/Zoning Map
5. Aerial photo
6. Planning Commission Minutes dated November 14, 2005
DOUGHTY ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF DOUGHTY ADDITION FOR BATON BUIDLING COMPANY
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Doughty Addition for Baton Building Company stamp dated
November 10, 2005, and consisting of 1.06 acres into two lots and right-of-way, a copy of which
is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 5t'day of December, 2005.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A.Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Regina Herron,Planner I
THROUGH: Michael D. Franzen
DATE: November 10, 2005
SUBJECT: Doughty Addition
APPLICANT: Baton Building Company
OWNER: Louise Doughty
LOCATION: 13200 Roberts Drive
REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 1.06 acres
2. Preliminary Plat of 1.06 acres into two lots and right-of-way.
Staff Report—Doughty Addition
November 10,2005
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this site and adjacent properties as Low Density
Residential for up to 2.5 units per acre. The properties across the street to the south are Guided
Low Density Residential and Medium Density Residential. Surrounding zoning is and R1-13.5
and R1-9.5. There is an existing house and garage located on the property.
PRELIMINARY PLAT
The proposal is to plat the property into two single-family lots. Lot one is 19,041 square feet and
lot two is 25,352 square feet,exceeding the minimum 13,500 square foot requirement. The
abutting lots along Roberts Drive average range from 16,900-29,000 square feet. Lot
dimensional and frontage requirements also conform to the R1-13.5 zoning district. The existing
and proposed house pads meet City Code for R1-13.5 setback requirements.
GRADING AND TREE LOSS
The plan shows tree loss based on proposed house pads. The primary trees species on this
property are bur oak trees totaling 874 diameter inches of significant trees on the property. Tree
loss due to construction has been calculated at 23%, or 205 caliper inches. Tree replacement is
63 caliper inches. The tree replacement plan shows 63.5 caliper inches meeting this requirement.
UTILITIES
Sewer and water is available to the site from Roberts Drive.
STAFF RECOMMENDATION
Recommend approval of the following request:
1. Zoning District Change from Rural to R1-13.5 on 1.06 acres
2. Preliminary Plat of 1.06 acres into two lots and right-of-way.
This is based on plans stamp dated November 10,2005,the Staff Report dated November 10,
2005 and the following conditions:
1. Prior to release of the final plat,the proponent shall:
A. Submit detailed storm water runoff, utility, and erosion control plans for review
and approval by the City Engineer and Watershed District.
B. Pay all City sewer and water assessment and connection fees.
2. Prior to grading permit issuance,the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
Staff Report—Doughty Addition
November 10,2005
Page 3
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to
any grading.
3. Prior to building permit issuance for the property,the proponent shall:
A. Provide a tree replacement surety equivalent to 150%of the cost of the tree
replacement for 63 caliper inches.
B. Pay the Cash Park Fee.
Area Location Map - Doughty Addition
Address: 13200 Roberts Drive
Baker Rd.
Arbor Glen Roberts Dr.
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Zoning Map
Doughty Addition
13200 Roberts Drive, Eden Prairie, Minnesota
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Baker Road is
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City of Eden Prairie Zoning Map
z...._...;Runt One Camay-to we min. HighwayC.rxnmeraial Stttuelantl Management Classifications So.-
R1-44 One family-44,000 st,min. Reqjdraj9ervw a Cornmeraial r. Natural Environment Waters
Rt-z2 One Farmay-22,000 sf miss. -Regional Cornmercial Fia Recreational Development Waters
General Development Waters(Creeks Onty)
Rt-73.5 Orte Family-l$'500 sf min, Industrial Park-2 ACnt Min, � 100- Year Fitxxlpla9n
Rl-4t.5 One Family-B,SW sf miry, lntlustriar Park 5 Aare Min, ".ghwaY 9312 West V Cauriy Road#4*WOPosed."constructed ar this time
RM 6.5 Mutt-t array 6.719.P.A,max. General industrial-5 Aare Min dated thwuyh Ordinance 2005
RM-2,5 Mufti-Family-17A U AA,mart. Public Ordronm#33.230 i($f I Aztd W,)approved,but M shown on this MOP edition
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3ntw�dlp�m+tY MW1 fxearq W+dwcohenllr crMQ!IM6.Ar.Y.st.w�v
NeighWrhoddComnrercial Right-of1WaY
Community Commercial Chanhassen City limits +
Guide Plan Map
Doughty Addition
13200 Roberts Drive, Eden Prairie, Minnesota
Baker Road
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Lrnv Density Residential[3-2.5 Units'Acre
Neighborhood� NeighborhoodrtNeighborhood Commercial Principal Arte a l
Law DensitylPublic/Open Space Community Commercial A Minor Arterial x
Medium Density residential 2.5-10 Units/Acre Regional Commercial --B Minor Arterial
Medium Density ResidentialtOflic a Parkit,err Space Major Callactor f
High Density Residential 1040 UniWAGre PubliciQuasi-Public Minor Collector
Ofte Church/Cemetary
O ficetlnaustr al w Open Water DATE ApMvad 0.3.1*W
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,NOVEMBER 14,2005 7:00 P.M.,CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Larry Kacher, John Kirk, Vicki Koenig,
Kathy Nelson,Peter Rocheford, Fred Seymour,
Ray Stoelting, Jon Stoltz, William Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen, City Planner
Julie Krull,Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher, Rocheford,and
Sutherland.
H. APPROVAL OF AGENDA
MOTION by Koenig, seconded by Nelson,to approve the agenda. Motion carried 6-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON OCTOBER 10,2005
MOTION by Koenig, seconded by Seymour,to approve the minutes. Motion carried
6-0.
PLANNING COMMISSION MEETING HELD ON OCTOBER 24,2005
Kirk stated that on page 6, approximately two-thirds of the page down,the statement that
read, "The current letter from Mr.Peterson would confirm that he had one sign on his
property and the sign had been there since 10/26/52", contained an incorrect date. The
correct date should be 10/26/62. Franzen confirmed that the date should be 10/26/062.
MOTION by Nelson, seconded by Koenig,to approve the minutes. Motion carried 4-0.
Koenig and Nelson abstained.
Planning Commission Minutes
November 14, 2005
Page 2
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
VI. PUBLIC HEARINGS
A. DOUGHTY ADDITION by Baton Building Company. Location is 13200
Roberts Drive. Request is for Zoning District Change from Rural to R1-13.5 on
1.06 acres; Preliminary Plat of 1.06 acres into two lots and road right-of-way.
Randy Zedlick, of the Baton Building Company, presented the proposal. He
started out by stating that he is here tonight to request the lot split for the property
on 13200 Robert Drive. He stated that he presented the layout and plans to Staff.
He also stated they were originally purposing a three lot division but after
reviewing the steep slopes and the tree loss they felt that a split down to two lots
would be more feasible. Mr. Zedlick stated that the memorandum sent out by the
Planning Department described that they were not asking for any variances and
were also within the tree preservation guidelines.
Stoelting asked Franzen to review the staff report. Franzen stated that this request
is for a two lot subdivision that conforms to the R1-13.5 zoning regulations and
the associated subdivision regulations. The staff recommendation is for approval
according to the recommendations on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Koenig commented that she would like to thank the project proponent for just
going with two lots instead of three because that property is extensively wooded.
MOTION by Kirk, seconded by Nelson,to close the public hearing. Motion
carried 6-0.
MOTION by Kirk, seconded by Stoltz,to approve the Zoning District Change
from Rural to R1-13.5 on 1.06 acres and Preliminary Plat of 1.06 acres into two
lots and right-of-way based on plans stamped dated November 10,2005, and the
staff report dated November 10, 2005. Motion carried 6-0.
B. EDEN VIEW ESTATES by Insignia Development LLC. Location is 17650
Flying Cloud Drive. Request is for a Planned Unit Development Concept Review
on 8.00 acres; Planned Unit Development District Review and Zoning District
Amendment in the Rural Zoning District on 8.00 acres;Preliminary Plat of 8.00
acres into two lots and one outlot.
Planning Commission Minutes
November 14,2005
Page 3
Don Uram, of Insignia Development LLC, presented the proposal. Mr.Uram
stated that they are proposing the development of an 8 acre parcel into two
residential single family lots and one outlot containing approximately 4.5 acres
for dedication to the City for protection of slopes and trees. He pointed out that
the development is at the intersection of a private drive on Turnbull Road and
Dell Road. He also stated that they are complying with Staff recommendations
for the dedication of right of way for Dell Road. Mr.Uram stated that there is a
question in the staff report regarding the dedication of the right away along the
north property line. To provide access to the two single family lots,rather than
from Dell Road,he stated that they were asked by the City to acquire a private
driveway access to provide access to the site. He stated that along with the two
other property owners directly to the east of the property they were able to acquire
that property and it is owned as tenants in common with all three landowners.
Mr.Uram said that City Staff has requested a right of way dedication and he
informed Staff that they would comply with any of the City's requirements for
their portion of the property. He pointed out that they are one-third owner and
that they do not have control over the other two property owners so it turns out to
be a technical issue for how they are to give the City the property. Mr.Uram
emphasized that they are complying with all other Staff recommendations;
including tree replacement and waivers.
Stoelting asked Franzen to review the staff report. Franzen stated that there is a
Summary Section on page 3 of the staff report and it is also the same one they had
written for such projects as McCall Bluff and Grootwasink. He pointed out that
because this site is located along the bluff,the City looked at how best they could
accommodate some development while still maximizing the amount of land on
the bluff that could be preserved. He stated that the staff report talked about
granting of waivers for lot size in the rural district in exchange for the dedication
of land and road right of way. Franzen pointed out that since it was required with
similar projects the same thing should hold true for developing the Gary Stevens
property. Staff recommendation is for approval based upon the conditions and
requirements on page 3 and 4 of the staff report.
Stoelting asked Staff if the right of way under dispute was addressed in the staff
report. Gray addressed the question by stating that this should not be classified as
a dispute but rather an opportunity. City had originally directed them to obtain
the right to be able to use this corridor for ingress and egress and the benefit
would be that these lots would not be taking access to Dell Road directly,which is
a north/south roadway, but more to a corridor that would have more of a character
of a residential street. This is a piece of property that serves no other purpose
than access to this property and other properties but it was in private ownership
and there were some disputes about to what extent other properties could use it for
ingress and egress. The consortium of land owners has not acquired it and the
City would like to explore the possibility that it could be dedicated as public right
of way. Gray said that it should be considered a future step and not an
impediment to the project itself because the City has not intended for that to
Planning Commission Minutes
November 14, 2005
Page 4
happen. He pointed out that the developer has more than met the goal of the
City's original direction of them to obtain the right of ingress and egress.
Because of this, the project stands with good merits and balance and would
benefit the City in the long run. Gray stated that with the Commission's approval
they would like to work with the developer and other property owners to see if the
property could be set up in the future to have a public utility corridor and possibly
a public street along the corridor.
Stoelting asked Gray where the right of way corridor is located. Gray stated that
in looking at the diagram and at lots one and two it is directly north in the
rectangular box.
Stoelting opened the meeting up for public input.
Gary Stevens, of 17650 Flying Cloud Drive and current owner of the property,
wanted to commend Michael Franzen and his Staff and the Planning Commission
for what has been done for the whole southwest area and with the similar projects;
Grootwasink and McCall. He is grateful that this area is not a high density
housing project.
Koenig asked the project proponent if he decided what species of trees he had in
mind for the tree replacement plan. Mr.Uram stated that he has not given any
consideration to the species of trees and asked Fox if he had a recommendation.
Fox stated that Staff would take a look at what is in the surrounding area and
stated that across the road there are some large burr oak trees but that any species
that would keep with the character on Turnbull Road would be adequate.
Nelson stated that she is pleased that this bluff area is being finished out with this
project and wanted to commend the City Staff and all of the property owners for
all of their work.
MOTION by Koenig, seconded by Nelson,to close the public hearing. Motion
carried 6-0.
MOTION by Koenig, seconded by Kirk,to approve the Planned Unit
Development Concept Review on 8.00 acres,the Planned Unit Development
District Review and Zoning District Amendment in the Rural Zoning District on
8.00 acres, and the Preliminary Plat of 8.00 acres into two lots and one outlot
based on plans stamped dated November 7,2005, and the staff report dated
November 10,2005. Motion carried 6-0.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
Planning Commission Minutes
November 14, 2005
Page 5
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Franzen distributed material on the Eden Prairie Major Center Area final draft,which will
be addressed at the November 28t'Planning Commission meeting. This will be the only
item on the agenda.
XI. ADJOURNMENT
MOTION by Nelson, seconded by Koenig,to adjourn the meeting. Motion carried 6-0.
There being no further business,the meeting adjourned at 7:20 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Director of Public Works December 5,2005
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: IX.C.
Preliminary Layout No. I for Pioneer Trail(Co.
Alan Gray/Randy Newton Road 1) Improvements from east of Highway 212
Public Work/Engineering Work/Engineering to west of Shetland Road, I.C. 04-5631
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt resolution approving Preliminary Layout No. lE for the Pioneer Trail(County
Road 1) Improvements, from east of Highway 212 to west of Shetland Road.
Synopsis
The Public Notice for the Public Hearing was published on November 24, 2005 in the Sun
Current. Individual notices were also sent to property owners along and adjacent to the Pioneer
Trail corridor.
Preliminary Layout No. I provides a continuous 4-lane divided roadway with left and right turn
lanes on Pioneer Trail. In addition, multi-use trails are provided on both sides of Pioneer Trail
for the entire length of the project.
Background Information
The City of Eden Prairie has been working with the Hennepin County Transportation
Department since June, 2004 to develop the proposed layout for the improvement of Pioneer
Trail from Highway 212 to Shetland Road. The project is needed to improve roadway safety,
capacity and operation. The need to improve Pioneer Trail to a four-lane facility is recognized in
the City's Transportation Plan. The following is a summary of the key elements of Preliminary
Layout No. I and the layout development process:
Public Involvement
Public involvement was an integral element of the layout development process and included the
following:
• A 7-member Citizen Advisory Committee (Including 4 residents, 1 Grace Church
representative, 1 MAC representative, and 1 City of Eden Prairie Parks staff representative).
• 2 Public Open Houses.
• 1 Neighborhood Meeting with follow-up survey
• 3 Project Newsletters
• Hennepin County Website
• County and City correspondence with individual property owners
Proposed Layout
The proposed layout for Pioneer Trail is a four-lane divided roadway with left and right turn
lanes for the entire length of the project. Multi-use trails are proposed on both sides of
Pioneer Trail. Included in the project are new permanent traffic signal systems at the
Highway 212, Staring Lake Parkway, Mitchell Road, and Eden Prairie Road (County Road
4) intersections. Also included are dual left turn lanes on Pioneer Trail at the Highway 212
and Eden Prairie Road intersections.
The proposed layout is similar to the Pioneer Trail segment located immediately to the east
(between Highway 169 and Highway 212). The one significant difference is that dedicated
right-turn lanes are proposed throughout this project.
The proposed layout provides full access to all public roads intersecting Pioneer Trail.
Seventeen (17) individual properties will be restricted to right-in / right-out access with the
proposed improvements. The existing access to Staring Lake Fields and the Cummins Grill
House is proposed to be relocated to the east and to be shared with the adjacent future
office/industrial development.
The proposed horizontal alignment of the roadway has been shifted north and south in
comparison to the existing roadway alignment. This was done to balance and minimize the
impacts of the project for all of the adjacent properties (private property, MAC property and
Eden Prairie park property) and to provide an alignment meeting County and State Aid
standards.
Project Cost
The preliminary total project cost is estimated at $17.5 million (47 million / mile).
Hennepin County was successful in obtaining $2.5 million in federal assistance for the
project. The federal money will be split between the County and the City based on the cost
shares to the project. The City of Eden Prairie cost share is approximately $4 million which
is anticipated to be paid through State Aid funding.
Schedule
Construction on the Pioneer Trail project is anticipated to begin in the spring of 2008 and
will take two construction seasons to complete. With approval of the Preliminary Layout,
Hennepin County plans to begin final design of the project in early 2006. Right-of-way and
easement acquisition is expected to begin in the summer or fall of 2006.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2005-
APPROVE PRELIMINARY LAYOUT NO. 1E
FOR THE IMPROVEMENT OF PIONEER TRAIL(COUNTY ROAD 1)
FROM EAST OF HIGHWWAY 212 TO WEST OF SHETLAND ROAD
WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City
of Eden Prairie;and
WHEREAS, the Hennepin County Transportation Department has prepared Preliminary Layout
No. lE dated September 14, 2005 (Hennepin County Projects 9618 and 9619) for the improvement
of Pioneer Trail(County Road 1) from east of Highway 212 to west of Shetland Road; and
WHEREAS, Preliminary Layout No. lE is consistent with the City of Eden Prairie's
Transportation Plan; and
WHEREAS, Hennepin County has agreed to participate in a landscaping project limited to a dollar
amount required to comply with the City of Eden Prairie's Tree Preservation Ordinance;and
WHEREAS, Hennepin County and the City of Eden Prairie will continue to work cooperatively
toward the final design, construction and completion of this project; and
WHEREAS, Hennepin County has requested City Council approval of Preliminary Layout No. I
for the Pioneer Trail (County Road 1) improvements.
NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council approves
Preliminary Layout No. 1E (Hennepin County Projects 9618 and 9619) for the improvements to
Pioneer Trail (County Road 1) from east of Highway 212 to west of Shetland Road and the
following:
1. Hennepin County is hereby authorized to acquire all rights-of-way, permits, and/or
easements required for said improvements in accordance with Preliminary Layout No. 1E.
2. The City of Eden Prairie agrees to ban the parking of motor vehicles at all times and to
provide enforcement for the prohibition of on-street parking for those portions of Projects
9618 and 9619 within its corporate limits.
3. The City of Eden Prairie reserves the right to approve the final construction plans and
Construction Cooperative Agreement prior to the construction of the project.
ADOPTED by the Eden Prairie City Council on December 5, 2005.
Nancy Tyra-Lukens,Mayor
ATTEST:
SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims December 5, 2005
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: X.
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 146516 - 147138
Wire Transfers 2355 -2370
City of Eden Prairie
Council Check Summary
12/5/2005
Division Amount
General 114,239
100 City Manager 1,081
101 Legislative 769
104 Contingency 7
110 City Clerk 15,590
III Customer Service 14,220
112 Human Resources 1,351
113 Communication Services 2,811
114 Benefits&Training 9,819
115 Risk Management 26,407
116 Facilities 105,305
117 City Center 94,153
130 Assessing 35
131 Finance 854
132 Social Services 16,533
133 Planning 271
134 Heritage Preservation 265
135 Information Technology 11,071
136 Wireless Communication 14,344
138 Community Development Admin. 331
150 Park Administration 4,809
151 Park Maintenance 23,602
152 Parks Capital Outlay 1
153 Organized Athletics 4,430
154 Community Center 6,578
156 Youth Programs 671
157 Special Events 20
158 Adult Recreation 2,120
159 Recreation Administration 3,998
160 Therapeutic Recreation 174
161 Oak Point Pool 4,249
162 Arts 842
163 Outdoor Center 573
164 Park Rental Facilities 59
180 Police 18,654
183 Emergency Preparedness 181
184 Fire 11,733
185 Animal Control 679
186 Inspections 531
200 Engineering 420
201 Street Maintenance 39,019
202 Street Lighting 1,324
203 Fleet Services 48,449
204 Equipment Revolving 2,198
301 CDBG 6,767
303 Cemetary Operation 750
308 E-911 1,481
315 Economic Development 203
316 WAFTA 16,383
502 Park Development 90,445
503 Utility Improvement 4,993
506 Improvment Bonds 1996 2,235
507 Construction Fund 416
509 CIP Fund 370,422
511 Construction Fund 55,619
512 CIP Trails 27,231
515 Fire Station#4 4,148
516 ADC PROJECT 66,134
517 212/Charlson Intersection 147,377
601 Prairie Village Liquor 186,593
602 Den Road Liquor 313,618
603 Prairie View Liquor 176,030
605 Den Road Building 1,528
701 Water Fund 98,419
702 Sewer Fund 10,412
703 Storm Drainage Fund 18,033
803 Escrow Fund 1,330
806 SAC Agency Fund 13,050
807 Benefits Fund 663,897
Report Totals 2,882,282
City of Eden Prairie
Council Check Register
12/5/2005
Check# Amount Vendor/Explanation Account Description Business Unit
2355 10,548 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2356 14,968 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2357 74,878 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2358 2 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2359 26,615 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2360 16 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2361 131,666 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2362 312 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2363 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Services
2364 82,586 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
2365 10,592 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2366 14,618 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2367 11 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2368 76,424 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2369 26,245 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2370 129,788 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
146516 198 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
146517 2,195 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
146518 103 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
146519 6,660 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store
146520 8,340 DAY DISTRIBUTING Beer Prairie View Liquor Store
146521 2,540 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
146522 9,796 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
146523 256 EXTREME BEVERAGE Beer Den Road Liquor Store
146524 528 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
146525 11,256 GRIGGS COOPER&CO Liquor Den Road Liquor Store
146526 2,217 HOHENSTEINS INC Beer Prairie View Liquor Store
146528 40,397 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
146529 96 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
146530 4,362 MARK VII Beer Prairie Village Liquor Store
146531 312 MIDWEST COCA COLA BOTTLING COM Beer Den Road Liquor Store
146532 303 MORAN USA,LLC Misc Taxable Den Road Liquor Store
146533 70 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store
146534 52 PACIFIC DIRECT Misc Taxable Den Road Liquor Store
146535 3,143 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
146537 14,938 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
146538 4,760 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
146539 16,664 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store
146540 227 SPANISH WINES IMPORTERS Wine Imported Prairie View Liquor Store
146541 80 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
146542 16,791 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
146543 424 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
146544 2,685 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store
146545 1,816 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
146546 210 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
146547 867 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
146548 2,834 ARSENAULT ASSOCIATES Software Maintenance Information Technology
146549 15 BURNSVILLE HEATING&A/C Cash Over/Short General Fund
146550 22 COSTCO Office Supplies Fire
146551 154 COSTCO Video&Photo Supplies Communication Services
146552 119 CRACAUER,CLIFF Mileage&Parking Fleet Services
146553 375 EMPLOYERS ASSOCIATION INC Conference Expense Human Resources
146554 466 GE CAPITAL Other Rentals General
146555 50 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance
146556 12,920 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
146557 74 MINN OFFICE OF ENTERPRISE TECH Software Maintenance Information Technology
146558 3,498 MINNESOTA STATE TREASURER Building Surcharge General Fund
146559 86 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation
146560 34 NNDC/NCDC Dues&Subscriptions Water Utility-General
146561 51 QUICKSILVER EXPRESS COURIER Postage Communication Services
146562 36 QWEST Telephone Sewer Liftstation
146563 12 RATTAI,PHILLIP Program Fee Classes/Programs/Events
146564 1,906 US POSTMASTER-HOPKINS Postage Water Accounting
Check# Amount Vendor/Explanation Account Description Business Unit
146565 3,939 XCEL ENERGY Electric Den Road Liquor Store
146566 265 AMERICAN RED CROSS Prepaid Expenses General Fund
146567 525 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Fire
146568 2,047 ARCH WIRELESS Pager&Cell Phone Wireless Communication
146569 168 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
146570 4,748 CARDMEMBER SERVICE Operating Supplies Fire
146571 2,046 CENTERPOINT ENEGY Gas Water Treatment Plant
146572 3,888 CENTURYTEL Telephone Telephone
146573 50 CONWAY,SKIP&DELORES Program Fee Trips
146574 31 CULLIGAN-METRO Other Contracted Services Outdoor Center
146575 257 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin
146576 135 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance
146578 2,046 GENUINE PARTS COMPANY Equipment Parts Fleet Services
146579 74 HANLON,KIM Operating Supplies Fire
146580 94 HEARTH&HOME TECHNOLOGIES Mechanical Permits General Fund
146581 120 HUTCHINS,BRUCE Licenses&Taxes Inspections-Administration
146582 100 IIMC Prepaid Expenses General Fund
146583 12 KUSEK,DAVID Program Fee Classes/Programs/Events
146584 161 LANZI,BOB Mileage&Parking Ice Arena
146585 219 LESCO INC Landscape Materials/Supp Storm Drainage
146586 6 1vIENARDS Repair&Maint.Supplies Sewer System Maintenance
146587 124 MERLINS ACE HARDWARE Repair&Maint.Supplies Riley Lake
146588 705 MINNESOTA RURAL WATER ASSOCIAT Prepaid Expenses Water Enterprise Fund
146589 115 NATIONAL TRUST FOR HISTORIC PR Dues&Subscriptions Heritage Preservation
146590 78 PC MALL Other Hardware Capital Impr./Maint.Fund
146591 35 PURCHASE POWER Postage General
146592 71 QWEST Telephone Sewer Liftstation
146593 30 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation
146594 70 SILVERSNEAKERS FITNESS PROGRAM Operating Supplies Fitness Classes
146595 5,896 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
146596 120 STOCKWELL,WENDELL Licenses&Taxes Inspections-Administration
146597 24 WILSON,TAMMY Mileage&Parking Finance
146598 32 WRIGHT,JEFF Lessons&Classes Pool Lessons
146599 95 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
146600 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
146601 90 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
146602 3,704 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store
146603 132 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store
146604 8,568 DAY DISTRIBUTING Beer Prairie Village Liquor Store
146605 5,352 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store
146606 6,011 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
146607 32 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
146608 382 GRAND PERE WINES INC Wine Imported Den Road Liquor Store
146609 673 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
146610 11,615 GRIGGS COOPER&CO Liquor Den Road Liquor Store
146612 23,707 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store
146613 452 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store
146614 18,636 MARK VII Beer Den Road Liquor Store
146615 975 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
146616 1,840 NEW FRANCE WINE COMPANY Wine Imported Prairie View Liquor Store
146617 7,597 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
146618 15,041 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
146619 8,092 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store
146620 8,657 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
146621 1,340 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
146622 8,787 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
146623 932 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store
146624 1,226 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
146625 2,266 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
146626 38 ABRAIRA,DANIEL CARLOS Wages No Benefits Elections
146627 153 ALFINITO,JOHN Wages No Benefits Elections
146628 173 AMUNDSON,LONDA Wages No Benefits Elections
146629 168 ANDERSON,BETTY Wages No Benefits Elections
146630 153 ANDERSON,BETTY J Wages No Benefits Elections
146631 149 AUTIO,NANCY J Wages No Benefits Elections
146632 170 BAKER,LISA SMITH Wages No Benefits Elections
146633 173 BARTOLETT,JUDITH Wages No Benefits Elections
Check# Amount Vendor/Explanation Account Description Business Unit
146634 168 BEAUVAIS,BERNADINE Wages No Benefits Elections
146635 146 BERG,KENNETH Wages No Benefits Elections
146636 149 BOLAND,JANET M Wages No Benefits Elections
146637 165 BOLLWEG,NANCY Wages No Benefits Elections
146638 81 BRINK,LAUREY Wages No Benefits Elections
146639 146 BUDKE,C GEORGE Wages No Benefits Elections
146640 72 BYERS,JOYCE Wages No Benefits Elections
146641 149 CARLSON,JOHN R Wages No Benefits Elections
146642 149 COFER,MARVIN Wages No Benefits Elections
146643 86 COFER,WAHLETHA Wages No Benefits Elections
146644 164 CONNORS,PETE Wages No Benefits Elections
146645 77 CURTIS,CRAIG Wages No Benefits Elections
146646 149 DALY,JANE Wages No Benefits Elections
146647 162 DIEDE,MIKE Wages No Benefits Elections
146648 144 DILLING,LORRAINE Wages No Benefits Elections
146649 90 DOCTER,GRETCHEN K. Wages No Benefits Elections
146650 175 DOLLERSCHELL,JOHN Wages No Benefits Elections
146651 149 DORR,GRETCHEN Wages No Benefits Elections
146652 144 DUFFY,JOHN Wages No Benefits Elections
146653 152 EIDE,JANE Wages No Benefits Elections
146654 158 ELLISON,LORETTA M Wages No Benefits Elections
146655 149 ENGELSTAD,CALVIN Wages No Benefits Elections
146656 153 FIFIELD,DOROTHY Wages No Benefits Elections
146657 175 FITZSIMMONS,MARGARET Wages No Benefits Elections
146658 175 GARST,RUTH Wages No Benefits Elections
146659 166 GILBERT,GORDON Wages No Benefits Elections
146660 159 GILBERT,JUNE Wages No Benefits Elections
146661 153 GJERSVIK,CAROL Wages No Benefits Elections
146662 144 GROTH,MAUREEN Wages No Benefits Elections
146663 108 HAAS,GERALD Wages No Benefits Elections
146664 14 HAAS,RHODA C Wages No Benefits Elections
146665 166 HANSEN,KERMIT P Wages No Benefits Elections
146666 144 HANSEN,MATTHEW D Wages No Benefits Elections
146667 86 HANSON,JUNE Wages No Benefits Elections
146668 155 HANSON,RUSSELL W Wages No Benefits Elections
146669 147 HARRIS,MARCY Wages No Benefits Elections
146670 164 HILK,ROSEMARIE Wages No Benefits Elections
146671 162 HOLLINGSWORTH,KAREN Wages No Benefits Elections
146672 155 HOOD,CHARLOTTE Wages No Benefits Elections
146673 149 HOWDEN,ARLENE Wages No Benefits Elections
146674 86 KADIESKY,JANICE Wages No Benefits Elections
146675 88 KARLBERG,MARY Wages No Benefits Elections
146676 153 KEMPER,MARILYN A Wages No Benefits Elections
146677 146 KRAUSE,DOLORES Wages No Benefits Elections
146678 185 KUBIN,MARIANNE R Wages No Benefits Elections
146679 162 KUCH,BONNIE VEVERKA Wages No Benefits Elections
146680 86 LIERMANN,MARY J Wages No Benefits Elections
146681 149 LINAK,JAMES Wages No Benefits Elections
146682 146 LITTLE,NANCY Wages No Benefits Elections
146683 151 MADDY,VICKI Wages No Benefits Elections
146684 135 MEISSNER,LOIS A. Wages No Benefits Elections
146685 157 MILLBERG,CHUCK Wages No Benefits Elections
146686 146 MORSHARE,ROBERT N Wages No Benefits Elections
146687 101 MURRAY,MARY SUE Wages No Benefits Elections
146688 151 NELSON,CAROLINE Wages No Benefits Elections
146689 83 NELSON,DONALD A Wages No Benefits Elections
146690 153 NESS,MARY D. Wages No Benefits Elections
146691 151 NIERMAN,MARY Wages No Benefits Elections
146692 153 NIPPER,VICTORIA E Wages No Benefits Elections
146693 162 NOMURA,KATHERINE L. Wages No Benefits Elections
I46694 163 NORMAN,KAREN Wages No Benefits Elections
146695 151 OLSON,GORDON Wages No Benefits Elections
146696 77 OSTERGAARD,JANE Wages No Benefits Elections
146697 155 OTIS,RUTH Wages No Benefits Elections
146698 72 OTTUM,BEVERLY Wages No Benefits Elections
146699 175 PETERS,JOHN T Wages No Benefits Elections
146700 149 PRALLE,KAY Wages No Benefits Elections
Check# Amount Vendor/Explanation Account Description Business Unit
146701 170 RANNOW,JIM Wages No Benefits Elections
146702 154 RISCHMILLER,DAWN Wages No Benefits Elections
146703 68 RUGGLES,DY-ANNA Wages No Benefits Elections
146704 86 RUMMEL,ROSA Wages No Benefits Elections
146705 165 SHOLD,DAVID P Wages No Benefits Elections
146706 166 SHOLD,GLENNA Wages No Benefits Elections
146707 149 SLATOR,PATRICK Wages No Benefits Elections
146708 175 SLOCUM,STEPHEN Wages No Benefits Elections
146709 155 SMITH,JUDY Wages No Benefits Elections
146710 162 STARR,BRAD R Wages No Benefits Elections
146711 161 STEWART,DOUGLAS Wages No Benefits Elections
146712 86 STEWART,SUSAN Wages No Benefits Elections
146713 122 SUNDELL,PAUL Wages No Benefits Elections
146714 160 SWAIM,BONNY Wages No Benefits Elections
146715 162 THOMPSON,NANCY J Wages No Benefits Elections
146716 77 TORNOE,JACQUELINE Wages No Benefits Elections
146717 149 TRAUGHBER,KRISTIN Wages No Benefits Elections
146718 149 USHER,RANDI Wages No Benefits Elections
146719 160 VICKMAN,KAREN Wages No Benefits Elections
146720 149 VOGEL,MARY Wages No Benefits Elections
146721 149 WAGNER,EVELYN Wages No Benefits Elections
146722 162 WEAVER,LAUREN Wages No Benefits Elections
146723 153 WESTREM,MARY Wages No Benefits Elections
146724 149 WILLIAMSON,MARGARET Wages No Benefits Elections
146725 86 WILSON,JOANNE M Wages No Benefits Elections
146726 207 WINSLOW,JACK Wages No Benefits Elections
146727 146 WISSNER,MARY JANE Wages No Benefits Elections
146728 149 WITTENBERG,MARIE Wages No Benefits Elections
146729 120 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
146730 200 ARMA INTERNATIONAL INC. Dues&Subscriptions City Manager
146732 6,201 BIFFS INC Waste Disposal Park Maintenance
146733 80 CAMPOS,LORI Instructor Service Outdoor Center
146734 835 CARLSON,DAN Tuition Reimbursement/School Police
146735 64 CARLSON,RAY Operating Supplies Emergency Preparedness
146736 2,293 CENTERPOINT ENERGY Other Contracted Services Rehab
146737 53 ICE SKATING INSTITUTE Operating Supplies Ice Arena
146738 40 KORZENOWSKI,STEVE Instructor Service Outdoor Center
146739 2,023 METRO SALES INCORPORATED* Other Rentals General
146740 399 PETTY CASH Miscellaneous Human Resources
146741 14 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
146742 1,082 QWEST Telephone Water Utility-General
146743 205 SCOTT COUNTY Deposits Escrow
146744 840 SHAMROCK TOURS Special Event Fees Trips
146745 722 STAR TRIBUNE Employment Advertising Human Resources
146746 500 STEELE COUNTY SHERIFFS DEPART Deposits Escrow
146747 124 TIME WARNER CABLE Operating Supplies Fire
146748 3,868 US POSTMASTER-HOPKINS Postage Community Brochure
146749 43,928 XCEL ENERGY Electric City Hall-CAM
146750 166 ZATTONI,JOHN Building Permits General Fund
146751 2,513 AUTOMOBILE SERVICE COMPANY Equipment Repair&Maint Fleet Services
146752 551 BLUFF COUNTRY CONDO AR Utility Water Enterprise Fund
146753 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
146754 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance
146755 5,625 CORNERSTONE Other Contracted Services Housing,Trans,&Human Sery
146756 193 CUB FOODS EDEN PRAIRIE Operating Supplies Police
146757 26 DAHL,CAROLYN Program Fee Outdoor Center
146758 92 DONOVAN,SHARON Program Fee Fall Skill Development
146759 1,346 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
146760 40 IND SCHOOL DIST 272 Special Event Fees Leisure Education
146761 26 LARSON,LOIS Program Fee Outdoor Center
146762 .35 LEAGUE OF MINNESOTA CITIES Conference Expense Assessing
146763 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
146764 1,755 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
146765 72 PETTY CASH-EPCC Operating Supplies Pool Special Events
146766 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery
146767 4,477 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery
146768 45 TIME WARNER CABLE Dues&Subscriptions City Clerk
Check# Amount Vendor/Explanation Account Description Business Unit
146769 15 WELLINGTON WINDOWS Cash Over/Short General Fund
146770 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
146771 48 APPRAISAL INSTITUTE Prepaid Expenses General Fund
146772 156 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
146773 80 CAMPOS,LORI Instructor Service Outdoor Center
146774 79,141 LEAGUE MN CITIES INS TRUST Prepaid Expenses General Fund
146775 109 MINNEAPOLIS AREA ASSOC OF REAL Prepaid Expenses General Fund
146776 20 MN DEPT.OF LABOR AND INDUSTRY Prepaid Expenses Water Enterprise Fund
146777 120 MN DNR Instructor Service Outdoor Center
146778 90 TIME WARNER CABLE Dues&Subscriptions City Council
146779 511 VERiZON DIRECTORIES CORP Other Contracted Services Prairie View Liquor Store
146780 132 VERIZON WIRELESS Pager&Cell Phone Water Utility-General
146781 21 WOLF CAMERA Operating Supplies Street Maintenance
146782 922 WORK CONNECTION,THE Other Contracted Services Park Maintenance
146783 3,000 XCEL ENERGY Electric Water Treatment Plant
146784 234 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
146785 197 AMERICAN INTERTRADE Repair&Maint.Supplies Prairie View Liquor Store
146786 175 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
146787 10,473 BELLBOY CORPORATION Wine Imported Den Road Liquor Store
146788 41 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
146789 8,191 DAY DISTRIBUTING Beer Prairie View Liquor Store
146790 1,905 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store
146791 19,352 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
146792 352 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
146793 316 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
146794 344 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
146795 10,782 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
146796 1,172 HOHENSTEINS INC Beer Prairie Village Liquor Store
146798 31,562 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
146799 37 M AMUNDSON Misc Taxable Den Road Liquor Store
146800 7,522 MARK VII Beer Den Road Liquor Store
146801 335 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
146802 206 MORAN USA,LLC Misc Taxable Den Road Liquor Store
146803 21 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store
146804 4,135 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
146805 16,601 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store
146806 2,397 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
146807 16,231 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store
146808 1,351 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store
146809 24,748 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
146810 1,263 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
146811 710 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
146812 496 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
146813 744 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
146814 35,037 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM
146815 18,521 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals
146816 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
146817 34 DISH NETWORK Cable TV Community Center Admin
146818 213 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM
146819 83 ELDER-JONES Building Permits General Fund
146820 107 ESCHELON TELECOM INC Other Contracted Services Telephone
146821 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
146822 524 GINA MARIAS INC Operating Supplies Fire
146823 2,500 GRANT STREET GROUP Bond Issue Costs 212/Charlson Rd.Intersectio
146824 52 HEARTH&HOME TECHNOLOGIES Mechanical Permits General Fund
146825 25 KEATING,MARY Other Contracted Services City Council
146826 55 KRESS,CARLA Mileage&Parking Senior Center Administration
146827 47 MENARDS Operating Supplies Emergency Preparedness
146828 248 PETTY CASH-POLICE DEPT Operating Supplies Police
146829 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
146830 8,023 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
146831 7,609 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
146832 110 QUICKSILVER EXPRESS COURIER Postage Fire
146833 78 RUMFORD,JOAN Mileage&Parking Senior Center Administration
146834 625 SCOTT COUNTY Deposits Escrow
146835 129 SHEGGEBY,MICHAEL Mileage&Parking Community Center Maintenance
146836 22 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
146837 9 UPS Postage Sewer Liftstation
146838 36 VERIZON WIRELESS Pager&Cell Phone Street Maintenance
146839 73 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
146840 266 WISSNER,BASIL Wages No Benefits Elections
146841 729 XCEL ENERGY Electric Purgatory Creek Rec Area
146842 4,934 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Utility-General
146843 23 BREUNIG,KRISTI Clothing&Uniforms Police
146844 264 BRINK,PATRICK Video&Photo Supplies Communication Services
146845 90 CINGULAR WIRELESS Pager&Cell Phone Police
146846 105 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
146847 80 FRANKLIN,WOODROW G Clothing&Uniforms Reserves
146848 85 GE CAPITAL Other Rentals General
146849 53 GUSTAD,MARK Operating Supplies Police
146850 1,066 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
146851 3,726 HENNEPIN COUNTY TREASURER Board of Prisoner Police
146852 75 IAFCI Prepaid Expenses General Fund
146853 94 KELLY,SANDRA Clothing&Uniforms Police
146854 26 KRAEMERS HARDWARE INC Supplies-Electrical Park Shelters
146855 97 KRUEGER,MARK Operating Supplies Reserves
146856 188,716 MEDICA CHOICE Medical Bills Prepaid Health and Benefits
146857 1,083 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
146858 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
146859 344 PITNEY BOWES INC Other Rentals General
146860 1,481 QWEST Telephone E-911 Program
146861 45 TIME WARNER CABLE Dues&Subscriptions City Council
146862 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin
146863 36 VERIZON WIRELESS Pager&Cell Phone Police
146864 50 WEIGEL,CHRISTY Clothing&Uniforms Police
146865 30,832 XCEL ENERGY Electric Public Works/Parks
146866 182 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
146867 127 AMERICAN INTERTRADE Repair&Maint.Supplies Den Road Liquor Store
146868 119 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
146869 4,635 BELLBOY CORPORATION Liquor Den Road Liquor Store
146870 7,578 DAY DISTRIBUTING Beer Den Road Liquor Store
146871 2,864 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
146872 9,248 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
146873 192 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
146874 1,139 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store
146875 6,866 GRIGGS COOPER&CO Liquor Den Road Liquor Store
146877 34,566 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
146878 446 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store
146879 8,046 MARK VII Misc Non-Taxable Den Road Liquor Store
146880 311 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store
146881 786 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
146882 104 MORAN USA,LLC Misc Taxable Prairie View Liquor Store
146883 1,431 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
146884 2,896 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store
146885 10,222 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
146886 2,886 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
146887 15,532 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
146888 382 SPANISH WINES IMPORTERS Wine Imported Prairie View Liquor Store
146889 923 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store
146890 15,504 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
146891 963 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
146892 3,847 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
146893 429 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
146894 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
146895 52 ANDERSON,PATTY Mileage&Parking Community Center Admin
146896 336 BCA/TRAINING&DEVELOPMENT Other Contracted Services Fire
146897 21,692 COMMISSIONER OF TRANSPORTATION Improvement Contracts ADC PROJECT
146898 245 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
146899 6 CRONSTROM'S HEATING&A/C Cash Over/Short General Fund
146900 945 ESBENSEN,GEORGE Conference Expense Fire
146901 91 GE CAPITAL Other Rentals General
146902 450 HEMKER WILDLIFE PARK Other Contracted Services Cummins House Special Events
146903 700 HENNEPIN COUNTY I/f DEPT Software Maintenance Information Technology
146904 414 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
Check# Amount Vendor/Explanation Account Description Business Unit
146905 1,515 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
146906 4,510 METRO SALES INCORPORATED* Office Supplies General
146907 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
146908 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
146909 100 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund
146910 285 PITNEY BOWES Other Rentals General
146911 21 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
146912 367 PROP United Way Withheld General Fund
146913 3,642 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
146914 10 RICHFIELD,CITY OF Operating Supplies Fleet Services
146915 4,373 SPRINT Software and Hardware Information Technology
146916 35 STATE OF MINNESOTA Operating Supplies Fleet Services
146917 363 TARGET CENTER Special Event Fees Preschool Events
146918 410 UNITED WAY United Way Withheld General Fund
146919 215 WONDERWEAVERS Other Contracted Services Cummins House Special Events
146920 2,689 A P LAWN INC Contract Svcs-Lawn Maint. Fire Station#1
146921 348 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire
146922 1,250 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM
146923 8,797 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund
146924 591 AMERICAN RED CROSS Recreation Supplies Pool Lessons
146925 235 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General
146926 374 ANCHOR PRINTING COMPANY Office Supplies Fire Station#1
146927 2,273 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services Storm Drainage
146928 188 ASSOCIATED BAG COMPANY Operating Supplies Police
146929 484 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
146930 1,038 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
146931 1,339 BENIEK PROPERTY SERVICES INC. Contract Svcs-Lawn Maint. Fire Station#5
146932 50 BERRY COFFEE COMPANY Operating Supplies City Clerk
146933 261 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
146934 29,499 BITUMINOUS ROADWAYS INC Improvements to Land Capital Impr./Maint.Fund
146935 1,800 BLOCK BROTHERS Other Contracted Services Rehab
146936 1,336 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations
146937 87,875 BNM CONSTRUCTION INC Improvement Contracts Capital Impr./Maint.Fund
146938 137 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
146939 2,116 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development
146940 9,978 BRAUN INTERTEC CORPORATION Testing-Soil Boring 212/Charlson Rd.Intersectio
146941 382 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage
146942 250 BUCK BRENT Other Contracted Services Basketball
146943 29082 BUCK NATHAN Other Contracted Services Volleyball
146944 253 CAMPBELL KNUTSON,P.A. Legal WAFTA
146945 1,258 CARCIOFINI Building Repair&Maint. Capital Impr./Maint.Fund
146946 768 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services
146947 113 CERNATINSCHI,MARIA Other Contracted Services Basketball
146948 471 CLAREYS INC Operating Supplies Police
146949 450 CLOSED CIRCUIT SPECIALISTS INC Building Repair&Maint. Prairie Village Liquor Store
146950 6,864 COMMISSIONER OF TRANSPORTATION Design&Engineering Construction Fund
146952 3,179 CORPORATE EXPRESS Office Supplies General
146953 72 CROWN MARKING INC Office Supplies Police
146954 7,730 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
146955 1,357 CY'S UNIFORMS Clothing&Uniforms Reserves
146956 1,032 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant
146957 256 DALE GREEN COMPANY,THE Improvement Contracts Park Acquisition&Development
146958 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
146959 1,406 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations
146960 361 DELEGARD TOOL CO Equipment Parts Fleet Services
146961 926 DELL Other Hardware Information Technology
146962 750 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary
146964 63,010 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks
146965 420 DOHERTY,SANDRA L Other Contracted Services Volleyball
146966 6,000 DORSEY&WHITNEY LLP Bond Issue Costs 212/Charlson Rd.Intersectio
146967 84 DYE,DANELLE R Other Contracted Services Volleyball
146968 150 DZIUK,PETER M Printing Heritage Preservation
146969 1,684 EARL F ANDERSEN INC Signs Traffic Signs
146970 1,101 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM
146971 75 EDEN PRAIRIE CHAMBER OF COM1v1ER Miscellaneous Organizational Services
146972 1,237 EDINA FIRE DEPARTMENT Protective Clothing Fire
146973 8,803 EF JOHNSON Equipment Parts Wireless Communication
Check# Amount Vendor/Explanation Account Description Business Unit
146974 14,902 ENSR Other Contracted Services WAFTA
146975 8,053 ENVIRONMENTAL PROCESS INC Contract Svcs-Electrical City Hall-CAM
146976 101 ESCHELON TELECOM INC Other Contracted Services Telephone
146977 84 FALCK,TIMOTHY R Other Contracted Services Volleyball
146978 878 FEDERAL NETWORK SERVICES INC Equipment Repair&Maint Wireless Communication
146979 42 FERRELLGAS Motor Fuels Fleet Services
146980 500 FLAIR FOUNTAINS 02 Other Contracted Services Purgatory Creek Rec Area
146981 852 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services
146982 525 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
146983 663 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Water Treatment Plant
146984 163 FRIENDSHIP VENTURES Special Event Fees Classes/Programs/Events
146985 611 FRONTIER PRECISION INC Software Water Utility-General
146986 1,165 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
146987 767 GENERAL MACHINING INC. Equipment Parts Fleet Services
146988 66 GENERAL PARTS Operating Supplies Concessions
146989 1,228 GEOMATRIXCONSULTANTS INC Legal WAFTA
146990 81 GINA MARIAS INC Operating Supplies Police
146991 2,198 GRAFIX SHOPPE Machinery&Equipment Police
146992 131 GRAINGER Supplies-HVAC Community Center Maintenance
146993 341 GRAZZINI BROTHERS&COMPANY Contract Svcs-General Bldg Community Center Maintenance
146994 167 HACH COMPANY Operating Supplies Water Treatment Plant
146995 4,723 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Impr./Maint.Fund
146996 34,073 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
146997 390 HAWK LABELING SYSTEMS Operating Supplies Ice Arena
146998 1,833 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant
146999 451 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
147000 872 HENNEPIN COUNTY MEDICAL CENTER Tuition Reirnbursement/School Fire
147001 342 HIGLEY,STEVE Other Contracted Services Softball
147002 244 HOBART CORPORATION Contract Svcs-Garden Romm Garden Room Repairs
147003 10,416 HONEYWELL INDUSTRY SOLUTIONS Equipment Repair&Maint Water Treatment Plant
147004 38 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water System Maintenance
147005 4,481 IND SCHOOL DIST 272 Building Rental Community Band
147006 10,860 INFRARED CONSULTING SERVICES I Other Contracted Services Capital hnpr./Maint.Fund
147007 13 INSIGHT PUBLIC SECTOR Other Hardware Information Technology
147008 6,986 INTEREUM INC Capital Under$2,000 Furniture
147009 247 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Services
147010 375 ISG THERMAL SYSTEMS USA INC Repair&Maint.Supplies Fire
147011 839 ITS A KEEPER Other Contracted Services City Manager
147012 1,140 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
147013 513 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services
147014 4,797 JANEX INC Supplies-General Bldg City Hall-CAM
147015 2,061 JEFFERSON FIRE&SAFETY INC Small Tools Fire
147016 390 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
147017 5,495 KAMIDA INC Improvement Contracts CIP Trails
147018 181 KUSTOM SIGNALS INC Equipment Repair&Maint Police
147019 3,968 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks
147020 38,745 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT
147021 533 LANO EQUIPMENT INC Other Rentals Storm Drainage
147022 106,640 LAVAN FLOOR COVERING Building Capital Impr./Maint.Fund
147023 420 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
147024 709 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1
147025 16 LOES OIL COMPANY Equipment Repair&Maint Fleet Services
147026 168 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
147027 108 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police
147028 338 MARS CO Equipment Parts Fleet Services
147029 350 MARTIN-MCALLISTER Employment Support Test Human Resources
147030 302 MAXI-PRINT INC Printing Police
147031 1,029 MENARDS Repair&Maint.Supplies Water Treatment Plant
147032 6,365 METRO CONCRETE RAISING INC Building Repair&Maint. Capital Impr./Maint.Fund
147033 508 METRO FIRE Repair&Maint.Supplies Fire
147034 193 METROPOLITAN FORD Equipment Parts Fleet Services
147035 91,806 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails
147036 128 MIDWEST DESIGN CO Printing Finance
147037 2,250 MINNESOTA ASPHALT CORPORATION Other Contracted Services Rehab
147038 200 MINNESOTA CONWAY Operating Supplies Fire
147039 318 MINNESOTA GLOVE INC Safety Supplies Fleet Services
147040 1,018 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police
Check# Amount Vendor/Explanation Account Description Business Unit
147041 85 MINNESOTA REAL ESTATE JOURNAL Prepaid Expenses General Fund
147042 1,105 MIRACLE RECREATION EQUIPMENT C Building Materials Park Maintenance
147043 624 MITY-LITE INC Capital Under$2,000 Furniture
147044 1,273 MOBILE RADIO ENGINEERING Equipment Parts Wireless Communication
147045 97 MTI DISTRIBUTING INC Equipment Parts Fleet Services
147046 3,528 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance
147047 151 NEW PIG CORPORATION Supplies-Fire/Life/Safety General Facilities
147048 11,571 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration
147049 9,154 NORTH AMERICAN SALT CO Salt Snow&Ice Control
147050 71 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
147051 32 NORTHERN TOOL Landscape Materials/Supp Park Maintenance
147052 5,532 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage
147053 47,812 NORTHWEST ASPHALT Improvement Contracts Construction Fund
147054 18 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire
147055 207 NUCO21NC Chemicals Pool Maintenance
147056 76 OLSEN COMPANIES Small Tools Water System Maintenance
147057 32 OSI BATTERIES INC Supplies-General Bldg Public Works/Parks
147058 9,527 PARROTT CONTRACTING INC Other Contracted Services Storm Drainage
147059 83 PETSMART Canine Supplies Police
147060 208 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services
147061 3,973 PLEHAL BLACKTOPPING INC Improvement Contracts CIP Trails
147062 33 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance
147063 2,390 PRAIRIE ELECTRIC COMPANY Building Capital Impr./Maint.Fund
147064 173 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services
147065 895 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
147066 136 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
147067 59 PUSH PEDAL PULL Repair&Maint.Supplies Fitness Center
147068 6,383 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation
147069 244 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
147070 572 REBS MARKETING Other Contracted Services Water Accounting
147071 779 RELIAKOR SERVICES Improvement Contracts Capital Impr./Maint.Fund
147072 109,488 RESTORATION SYSTEMS INC Building Repair&Maint. Capital Impr./Maint.Fund
147073 340 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM
147074 9,370 RIANT PRODUCTIONS Other Contracted Services Organizational Services
147075 1,829 RICMAR INDUSTRIES Chemicals Park Maintenance
147076 27 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
147077 246 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
147078 201 ROOT 0 MATIC Contract Svcs-Plumbing Police City Center
147079 850 SANDBLASTING SERVICES Other Contracted Services Staring Lake
147080 869 SAVOIE SUPPLY CO INC Equipment Parts Fleet Services
147081 47 SCIENCE KIT INC Operating Supplies Environmental Education
147082 174 SENSAPHONE Equipment Repair&Maint Water Treatment Plant
147083 583 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals
147084 2,235 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996
147085 57 SHRED-IT Waste Disposal City Center Operations
147086 1,553 SIGHTLINE DISPLAYS,LLC Contract Svcs-Ice Rink Ice Arena Maintenance
147087 149 SIRCHIE Operating Supplies Police
147088 107,388 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio
147089 1,793 SNAP-ON TOOLS Small Tools Water Treatment Plant
147090 6,900 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM
147091 2,366 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services
147092 1,135 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run
147093 68 SPORTS WORLD USA INC Merchandise for Resale Concessions
147094 130 SPS COMPANIES Supplies-Plumbing City Hall-CAM
147095 29,707 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage
147096 519 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
147097 420 STORMS,SARAH Other Contracted Services Volleyball
147098 75 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police
147100 5,075 STREICHERS Clothing&Uniforms Police
147101 1,593 STS CONSULTANTS LTD Other Contracted Services Planning&Development
147102 4,123 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
147103 704 SUN NEWSPAPERS Legal Notices Publishing City Clerk
147104 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center
147105 147 TAB PRODUCTS CO Operating Supplies Inspections-Administration
147106 1,195 TEMPEST TECHNOLOGY CORP Repair&Maint.Supplies Fire
147107 130 TESSCO Operating Supplies Wireless Communication
147108 2,832 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator Community Center Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
147109 2,825 TKDA Design&Engineering Capital Impr./Maint.Fund
147110 144 TOMS WINDOW CLEANING Janitor Service-General Bldg Den Road Building
147111 140 TRANS ALARM INC Contract Svcs-Security City Center Operations
147112 212 TRUCK UTILITIES MFG CO Equipment Parts Fleet Services
147113 565 TWIN CITY OXYGEN CO Landscape MateriaWSupp Park Maintenance
147114 646 UNIFORMS UNLIMITED Clothing&Uniforms Police
147115 543 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance
147116 97 UTING,NICOLE Other Contracted Services Senior Center Administration
147117 145 VAN METER&ASSOCIATES Tuition Reimbursement/School Police
147118 3,195 VESSCO INC Equipment Parts Water Well#7
147119 29 VICTORY CORPS Operating Supplies Elections
147120 59 VIKING ELECTRIC SUPPLY Supplies-Electrical City Hall-CAM
147121 20 VIKING TROPHIES Operating Supplies Girls on the Run
147122 390 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant
147123 21,700 WALL TRENDS INC Building Repair&Maint. Capital Impr./Maint.Fund
147124 1,379 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
147125 1,635 WATSON CO INC,THE Merchandise for Resale Concessions
147126 600 WELLS FARGO BANK MINNESOTA NA Paying Agent 212/Charlson Rd.Intersectio
147127 2,127 WHEELER LUMBER LLC Contract Svcs-General Bldg Park Shelters
147128 1,250 WILKUS ARCHITECTS INC Building Capital Impr./Maint.Fund
147129 447 WILSONS NURSERY Landscape MateriaWSupp Park Maintenance
147130 6,063 WM MUELLER AND SONS INC Other Contracted Services Street Maintenance
147131 2,222 WORK CONNECTION,THE Other Contracted Services Park Maintenance
147132 56 WORM,SANDY Landscape MateriaWSupp Park Maintenance
147133 407 WYNN ENVIRONMENTAL SALES INC Equipment Repair&Maint Park Maintenance
147134 10,952 YALE MECHANICAL INC Contract Svcs-HVAC Senior Center
147135 65 ZACKS INC Operating Supplies Park Maintenance
147136 336 ZAHN,GERALD Other Contracted Services Volleyball
147137 90 ZEP MANUFACTURING CO Repair&Maint.Supplies Fire
147138 65 ZIEGLER INC Equipment Parts Fleet Services
2,882,282 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions December 5, 2005
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Office of the City Manager First Reading of an Ordinance
Scott H.Neal Establishing the Flying Cloud Airport
Scott A. Kipp Advisory Commission
Requested Action
Move to approve 1 st Reading of the Ordinance Amending City Code Chapter 2, Establishing the
Flying Cloud Airport Advisory Commission.
Synopsis
The proposed ordinance re-establishes the Flying Cloud Airport Advisory Commission.
Background
The previous commission was repealed by the City Council in June 2001 when communication
between the City and Metropolitan Airports Commission regarding the proposed airport
expansion needed direct dialogue between the principles rather than the quasi-independent body.
The draft code uses the previous code that was in place prior to the repealing of the commission.
It incorporates proposed changes to address issues raised by the City Council at its November 1,
2005 workshop on Flying Cloud Airport. The ordinance will be prepared for 2nd Reading on
December 13, 2005 to incorporate any recommended changes by the Council.
Attachments
Proposed Code Change
SECTION 24 FLYING CLOUD AIRPORT ADVISORY COMMISSION.
Subd.1. Establishment. The Flying Cloud Airport Advisory Commission("Commission")is hereby established.
Subd.2. Duties and Responsibilities. The Commission shall have the following duties and responsibilities:
A. Advise the Council and the Metropolitan Airports Commission with regard to ell matters affecting the
operation of the Flying Cloud Airport, including: the classification, rules and regulations supplied to the
operation of that Airport and the develepment of lends Aaee.,t to said Air-pe.4 ; the ongoing monitoring
and implementation of the Final Agreement Concerning, Flying Cloud Airport and MAC Ordinance 51
between the City of Eden Prairie Minnesota and Metropolitan Airports Commission dated December 2002
(Final Agreement); and other noise abatement methods to reduce the impact of aircraft noise on the
community.
B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council
matters affecting the use and control of the Flying Cloud Airport,including the Final Agreement,and shall
make its recommendations to the Council and the Metropolitan Airports Commission upon request with
regard to any proposal affecting the use or operation of Flying Cloud Airport.
Subd.3. Membership.The Commission shall consist of seven(7)members.One(1)member shall represent the
Metropolitan Airports Commission and shall be appointed by the Chairman of the Metropolitan Airports
Commission.Six(6)members shall be appointed by the Council who shall serve at the pleasure of the Council.
Two(2)members appointed by the Council shall represent the interests of the Eden Prairie business communi ,one
of whom shall represent Flying Cloud Airport businesses,neither of whom need to be residents of Eden Prairie not
withstanding Section 2.22 Subd.3 of the City Code,and four(4)members appointed by the Council shall represent
the community's interest,all of whom shall be residents of Eden Prairie.
Source: Ordinance No.8-2000
Effective Date: 3-8-2000
Source: Ordinance No. 10-2001
Effective Date: 3-6-2001
[Note: Subdivisions 4-6 below have been eliminated since it is currently covered under Section 2.22 Boards,
Commissions and Task Forces]
Subd. 4. T-eFffiS of Appointment. The t@Fms effnembefs efthe Gomm,* -ted by the Getmeil shall be fer-
the same date,the tefm ef eaA member-appointed may be established and sWed at the time of the appeifgment se
that an equal or- appr-eximateb, eqtW number- of toFms of membefs shall expire eaeh year- a-fleF the initial
appointment of faembeffs A—ad Vh-A-F-A-after-. TeFms shall eammenee April 1 and shall eentinue fer-fLe teFms appei
and until Le fnembeF's sueeessef has been appeinted and qualified.The Gouneil may,but need net,appoint a per-sea
Subd.S. Veenneies and Removal of AlembeFS.
fellowing..
1. Death. The deedh of a member
2. Disability. A a t t b the! it that ember-has been Hdec:ed iH bl a reFVieO
viimvivsf�-c�ocvrir�xxcacroirZrrcrro cvmavcrmccra�' o'.^pico:ev o
3. A bsenee The absenee of a ember. a i ted by the Geune:l ffem tL«ee ee yseeutiye inee fi..e..
13. Removal from O ffiee,
1 UponD t The G �_2/5's to f its xnembe.... may
Tettti9n�—tl�e Commission. rna-TvamriS:fiv"� �r�o i'o�c of ....,�� .»�
when, >
2. By the Co e:1 The G eil b a Fity ete of all its members,shall have the „ther-it.. in
•fed ene year,
Subd.-7 4. Meetings.
A. Regular Meetings: The Commission shall establish from time to time a schedule of regular meetings.
Source: Ordinance No.33-99 Effective Date: 10-5-99
Subd. 5. Cost Participation. Fifty percent(50%)of the financial costs associated with the operation,staffing and
other duties of the Flying Cloud Airport Advisory Commission shall be provided by the Metropolitan Airports
Commission.