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Home My WebLink AboutCity Council - 12/04/2001 AGENDA EDEN PRAIRTJF CITY COUNCIL TUESDAY,DECEMBER 4,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie,Parks &Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 20, 2001 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF GRAY FOX BLUFF C. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFFS EAST 17 H ADDITION D. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF UP TO $890,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2002 FOR THE PURCHASE OF PUBLIC SAFETY VEHICLES E. AWARD BID FOR MID-MOUNT AERIAL PLATFORM TRUCK TO E- ONE MANUFACTURING F. AUTHORIZE PURCHASE OF A MOBILE COMMUNICATIONS COMMAND POST FROM LYNCH DIVERSIFIED VEHICLES CITY COUNCIL AGENDA December 4,2001 Page 2 G. ADOPT RESOLUTION GRANTING 24-MONTH EXTENSION TO DEVELOPER'S AGREEMENT BETWEEN POST CONSTRUCTION COMPANY AND THE CITY OF EDEN PRAIRIE;FOR PROPERTY AT 12420 SUNNYBROOK ROAD H. APPROVE DEVELOPER'S AGREEMENT FOR GRAY FOX BLUFF I. APPROVE PURCHASE AGREEMENT FOR APPROXIMATELY 28.625 ACRES REFERRED TO AS TRACK A OF BIRCH ISLAND WOODS FOR $600,000 TO BE PAID OVER FIVE YEARS J. ADOPT RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS SERIES 1991C AND 1991F K. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC., FOR LAYOUT DEVELOPMENT AND PRELIMINARY DESIGN OF THE TH 212/VALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENTS L. ADOPT RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORITY M. AWARD BID TO METRO FIRE FOR FIRE DEPARTMENT SCBA EQUIPMENT VII. PUBLIC HEARINGS/MEETINGS A. 2002 PROPOSED BUDGET AND TAX LEVY (RESOLUTION) B. AMENDED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND AMENDED PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 (RESOLUTION) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. MEMORANDUM OF UNDERSTANDING CONCERNING FLYING CLOUD AIRPORT M. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS CITY COUNCIL AGENDA December 4,2001 Page 3 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 4,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan Mosman, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. ADOPT THE RESOLUTION RELATING TO THE AMENDMENT AND MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOP- MENT PROJECT NO. 5 INCLUDING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13. III. ADJOURNMENT HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA H.R.A. RESOLUTION NO. 2001- A RESOLUTION RELATING TO THE AMENDMENT AND MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO.5 INCLUDING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13. BE IT RESOLVED by the Board of Commissioners(the"Commissioners")of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority"), as follows: Section 1. Recitals. 1.01 The Authority by adoption of Resolution HRA 96-3 on December 17, 1996,approved the creation of Redevelopment Project No. 5 and Tax Increment Financing District No. 13 and the adoption of the Redevelopment Plan for Redevelopment Proj ect No.5 ("Redevelopment Plan") and the Tax Increment Financing Plan for Tax Increment Financing District No. 13 ("Tax Increment Financing Plan"), both of which are hereafter referred to as the"Plan." 1.02 The Redevelopment Plan at Section 1.5 and Exhibit I-A sets forth the estimated costs of the public improvements to be made within the Project Area and financed by tax increments derived from tax increment districts within the Project Area. Since the adoption of the Redevelopment Plan and the Tax Increment Financing Plan, additional tax increment financing districts have been created and established within the Project Area each of which additional tax increment financing districts has included in the tax increment financing plan for each such district,the estimated costs of the public improvements relative to each such district. 1.03 In order to clarify the estimated public improvements costs with respect to Tax Increment Financing District No. 13,it is deemed appropriate,and in the best interest of the City, to amend and modify the Plan. Section 2. Amendment of Plan. The Plan is amended and modified as follows: 2.01. Section 1.5 and Exhibit I-A are deleted in their entirety. 2.02. Section 2.9 is amended to read as follows: "Section 2.9 Estimated Public Improvement Costs. The estimated costs associated with the Tax Increment Financing District are listed on the attached Exhibit I-A-1" 2.03 Nothing contained in this amendment and modification shall--alter or affect the exterior boundaries or substantially alter or affect the general land uses established in the Redevelopment Plan,or reduce or enlarge the geographic area of the Project or Tax Increment Financing District No. 13; increase the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt or to increase or decrease the amount of interest on the debt to be capitalized;increase the portion of the captured net tax capacity to be retained by the Authority; increase the total estimated tax increment expenditures; or designate additional property to be acquired by the Authority. Section 3. Adoption of First Amendment 3.01 The First Amendment of Redevelopment Plan for Redevelopment Project No. 5 Including Tax Increment Financing Plan for Tax Increment Financing District No. 13 in form and substance as attached hereto is hereby approved and adopted. Section 4. Filing of Amendments 4.01 Upon approval and adoption of the Amendments,the Authority shall cause the Amendments to be filed with the Minnesota Department of Revenue. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie on December 4, 2001. Jean L. Harris, Chair ATTEST: Carl J. Jullie, Executive Director FIRST AMENDMENT OF REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO.5 INCLUDING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13. The Redevelopment Plan for Redevelopment Project No. 5 including Tax Increment Financing Plan for Tax Increment Financing District No. 13, proposed and adopted by The. Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), and approved by the Council of the City of Eden Prairie on December 27, 1996, is modified and amended as follows: A. Section 1.5 and Exhibit I-A are deleted in their entirety. B. Section 2.9 is amended to read as follows: "Section 2.9 Estimated Public Improvement Costs. The estimated costs associated with the Tax Increment Financing District are listed on the attached Exhibit I-A-1." C. Nothing contained in this amendment and modification shall--alter or affect the exterior boundaries or substantially alter or affect the general land uses established in the Redevelopment Plan, or reduce or enlarge the geographic area of the Project or Tax Increment Financing District No. 13; increase the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt or to increase or decrease the amount of interest on the debt to be capitalized; increase the portion of the captured net tax capacity to be retained by the Authority; increase the total estimated tax increment expenditures; or designate additional property to be acquired by the Authority. AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOPIFORUM TUESDAY,DECEMBER 4,2001 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM H 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Carl Jullie,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. CARL NEU WORKSHOP REPORT V. OTHER TOPICS VI. OPEN FORUM(Scheduled participants, 6:30—6:50 p.m.) VII. OPEN PODIUM (Unscheduled participants, 6:50—7:00 p.m.) VI. ADJOURNMENT MEMORANDUM 19hTo: Mayor and City Council From: Robert A. Lambert, Director Park sand Natural Resources TJIC'L Date: November 26, 2001 Eden Prairie Subject: Carl Neu Report—Organizational Structure Review of Current Program Board and Parks and Recreation Citizen Advisory Commission At the December 4t'workshop,the City Council will be reviewing a"summary of key observations and conclusions"reached by the participants of the leadership effectiveness workshop held earlier this year. One of the observations made at those workshops was "there needs to be a review.of the current status ofthe board and commission structure to look at efficiency,effectiveness and retention of board members." Program Board Request Attached to this memorandum is a copy of the unapproved minutes of the Community Program Board meeting of October 23,2001. At that meeting,the Community Program Board recommended the City Council setup a joint meeting with the Community Program Board and Parks and Recreation Citizen Advisory Commission to evaluate the existing structure At that meeting, several Board members questioned the purpose of the Community Program Board and the redundancy of the Community Program Board and the Parks and Recreation Citizen Advisory Commission. Program Board/Parks and Recreation Advisory Commission Agenda Duplication Also, attached to this memorandum is a meeting summary of the items discussed at the Community Program Board and the Parks and Recreation Citizen Advisory Commission meetings over the last two years. Staff would point out that all of the agenda items for the Community Program Board relate to park and recreation issues, and that other than the park and recreation promotional video item held on December 4,2000 and the request from Karen Pederson on the April 2,2001 meeting all of the items for the Parks and Recreation Citizen Advisory Commission were a duplicate of the Community Program Board meeting agenda items. The current process has no appropriate reviewing board or commission for environmental issues such as deer management, goose management, water quality management issues, etc. and issues such as petitions or requests from residents now go through the Parks and Recreation Citizen Advisory Commission and the Community Program Board,which can delay a request as much as two months because the Parks and Recreation Citizen Advisory Commission only meets on an every other month basis. Carl Neu Report—Organizational Structure November 26, 2001 Page 2 Recommendation For many years other cities from around Minnesota would ask our staff for copies of our organizational structure so that it could be duplicated. Other communities were envious ofthe model that City had created for public review of a wide variety of parks, recreation and natural resource issues. With the current structure,there is no clear channel of review for a wide variety of issues that come to City staff for support or directions or policy. The structure is cumbersome,(often requiring two or three staff reports to get an issue through to the City Council), inefficient and lengthy. The staff liaison to the Parks and Recreation Citizen Advisory Commission and the Community Program Board recommend the City Council consider reverting to the previous structure of the Parks, Recreation and Natural Resources Commission by combining the Board the Commission into a Parks, Recreation and Natural Resources Commission. Staff would further recommend that the only change to the previous responsibilities of the Parks,Recreation and Natural Resources Commission would be to eliminate that Commission in the development review process unless a development proposal directly impacts part ofthe park and open space plan relating to park dedication,open space or trails. RAL:mdd H:/Lambert 2001/Carl Neu.Report—organizational Structure COMMUNITY PROGRAM BOARD MINUTES October 23, 2001 Page 3 get into the construction of the site and demolition of the house they will determine whether or not the wall may remain. Benkowski asked if the entrance into the park would be locked. Lambert responded that there are very few parks in the City where they provide locked gates, however, this area will be locked. There will be signs posted stating the times that the park is open, 6:00 a.m. to 10:00 p.m. Benkowski asked if there would be fencing along Highway 212 to prevent people from entering the park through the ditch. Lambert said they are not planning fencing in this area. He explained that the ditch is soft and more than likely vehicles would get stuck in the ditch. Benkowski asked if there would be a turn lane into the park off of Highway 212. Lambert explained that a 22- car parking lot does not warrant a turn lane. Yasiri asked if Lambert was aware of any possible controversy from residents with regard to destroying the existing buildings on the property. Lambert explained that the only objection they might get is from the family that is living in the house. They did ask about preserving the house and moving it. Lambert said City staff would discourage that. It would be extremely difficult to move the house down Highway 212. The tenants have been aware for six years that they will eventually have to move. MOTION: Brown moved, seconded by Benkowski, to approve development of the main parking lot and trailhead for the Richard T. Anderson Conservation Area, including removal or demolition of the existing farmhouse and farm buildings. Motion carried,4-0. B. Review of Community Program Board Meeting Summary(April 2000— September 2001) Obiazor explained that after the last Community Program Board meeting, a discussion was held with the Chair and Vice Chair as to whether or not this Board was meeting its charter. She was asked to do an assessment as to where this Board started and where they are at now. Obiazor explained that she prepared a summary of this Board's meeting schedule and briefly reviewed the summary with the Board. She also presented summaries for the Parks and Recreation Citizen Advisory Commission and the Human Rights and Diversity Citizen Advisory Commission. The Human Rights and Diversity Citizen Advisory Commission did not forward any items to this Board in the one and a half years it has been in existence. Yasiri expressed her appreciation to Obiazor for preparing this information. She said she was not sure this is what they were looking for. Yasiri explained that she and Brown's intention was not to bring up discussion within this group but to ask for some sort of assessment from the City Council and Staff as to whether or not the Program Board is fulfilling the role that is within the structure of the City. With the transition the City is going through in terms of structure and leadership,Yasiri said COMMUNITY PROGRAM BOARD MINUTES October 23,2001 Page 4 ' they would like to know if the Council feels this Board is meeting the City's needs and if there is a continuing need for this Board. Brown stated that in reviewing the meeting summaries,it appears that the Program Board is only reviewing Parks and Recreation Citizen Advisory Commission recommendations. Brown said he-does not feel the Program Board was designed to be a second Parks and Recreation Board. It seems that there are two groups doing the same thing. Brown said he would like to see these two groups combined to form a Parks and Recreation and Natural Resources Board. There is no group discussing natural resources at this time. Brown said he feels they have been spinning their wheels. By combining the two Boards they would be able to provide more valuable input to the City Council.Brown pointed out that in December the City Council will be advertising for people to participate on both of these Boards. He suggested that these two Boards be combined prior to advertising for citizens to fill vacancies on these Boards. Benkowski asked if the Parks and Recreation Commission discusses the items reviewed by this Board in greater detail. Lambert responded that the Charter Statement of the Parks and Recreation Commission states that the Parks and Recreation Commission shall provide input to staff. Lambert said he was not sure how staff is suppose to use this Commission when staff goes to the Parks Commission with recommendations. The Commission in turn asks questions and either supports or does not support the recommendation. The Commission does not have the background to provide input to the staff for new projects. Lambert said the existing format has been very frustrating for City staff. He explained that earlier this year the City Council hired a consultant to work with City staff on relationships. As part of that process, the City Council wanted to hear from staff how they feel this reorganization is working. Lambert said every time there are issues to review,they have to go to the City Manager and ask who should review it. Lambert said he feels the reorganization is not effective or efficient. One issue the City Council had with the Parks and Recreation Commission is that they were reviewing development proposals and, once or twice a year,may have recommended denial when the Planning Commission recommended approval or vice versa. Lambert explained that in most cities the Parks and Recreation Commissions do not review development or rezoning proposals. Yasiri said there needs to be a review of what this Board is doing and she does not feel the review needs to be done by this group. She said the review needs to be done at a higher level. Yasiri said she does not feel this Board has done what their Charter states. Someone needs to revisit the vision or the expectations of this Board. Yasiri said it is not for this Board to decide and she would like to see some direction on how the City Council wants this group to work. Lambert explained that the City Council will be holding a workshop on December 4 and will review the consultant's report. The consultant has suggested that the City COACUUNITY PROGRAM BOARD MINUTES October 23,2001 Page 5 Council meet with the various boards and commissions and discuss if what they are doing is working. Lambert pointed out that this Board may want to communicate to the Council that they have some concerns. This needs to be communicated to the Council prior to their appointing citizens to various commissions for new terms and then realize the commission is no longer needed.Yasiri said that was a good idea and feels there is some confusion on this Board's part as to whether or not they are fulfilling the need or role they should be. Brown pointed out that the City Council makes the final decision. He explained that their purpose is to give them feedback to help them make that decision. The Program Board and Parks Commission as now structured are doing the same thing. Lambert said that is a valid point that should be forwarded to the City Council along with the information prepared by Obiazor. The Board may want to point out that it appears as if this Board is doing the same work as the Parks Commission and the Program Board is not certain what their role is. Lambert suggested that a joint meeting with the City Council, Program Board and Parks and Recreation Citizen Advisory Commission be held to discuss what the Council is trying to accomplish and the best and most efficient way to do that. Lambert suggested that this joint meeting be held prior to the Council appointing new members to Boards and Commissions. MOTION: Brown moved, seconded by Gerst,to recommend to the City Council that a joint meeting of the City Council, Community Program Board and Parks and Recreation Citizen Advisory Commission be held prior to advertising for Board and Commission nominations for the next term. C. Discussion of a request for expansion of a cross-country ski trail Lambert reported that the City has been approached by Doug Boonstra, ski coach at Eden Prairie High School,to expand the cross-country ski trails at Staring Lake Park. The trail goes from Staring Lake to the Hennepin Technical College and the ski team consists of 100 skiers. With that number of skiers it is difficult to put them on the existing trail. Lambert indicated that the expansion of the ski trail is proposed between the Cummins Grill House and Staring Lake. They are recommending 12 foot wide trails so the skiers can pass each other. They are requesting approval to expand the trail across the Metropolitan Airports Commission property, through a portion of the woods and through the City's disc golf course, and across the existing walking trail Lambert said he has a number of concerns with this proposal including skiers running into walkers. They also want to cross through the disc golf course which is used during the winter months and conflicts may occur between the golfers and the skiers. Lambert said he is suggesting that a special joint meeting of the Community Program Board and the Parks and Recreation Commission be held on Tuesday, October 30,to discuss this proposal. It is hoped that a recommendation could be forwarded to the City Council at their November 6 meeting. Lambert said he does support expansion of CITY COUNCIL AIEN ES July 10,2001 Page 12 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Leadership Effectiveness Workshops—Mayor Harris Mayor Harris said the City engaged the services of Carl Neu of Neu & Company to facilitate a series of three workshops, which were held on April 27-28, May 16, and May 29, 2001, to assist the City Council, City Manager and the Service Area Directors in Leadership Effectiveness. Mr. Neu writes in a June 15, 2001, letter to the City Manager, "Eden Prairie is a community entering a phase when its leadership direction and priorities are vitally important to defining the community's mature (fully built out) character and presence in the metropolitan area. For this reason, it is important that the Council and staff recognize the pivotal choices they must make and the absolute necessity to function as a highly productive, cohesive,responsible and respected team. Factors or behaviors distracting from these elements will only lead to a deterioration of the group's leadership potential, resulting in detrimental effects upon and throughout the community." Mayor Harris explained that at first the sessions focused on more efficient handling of procedural issues such as Council agendas, method of identifying and bringing issues before the Council, a code of conduct for the Council, Council forums and meeting schedules, and the development process. Later discussions centered on Council member communications with each other, with the public and staff, and with Boards and Commissions. The outcome was a series of recommendations, based on discussions in each of these areas, which have been brought forward in a report, titled"Summary of Key Observations and Conclusions Reached by the Participants." MOTION: Butcher moved, seconded by Tyra-Lukens, to receive the "Summary of Key Observations and Conclusions Reached by the Participants" report dated June 14, 2001, prepared by Neu & Company, resulting from Leadership Effectiveness workshops of the City Council, City Manager and Management Staff, and adopt the report's recommendations. Motion carried 5-0. 2. Commendation on July 4th Celebration—Councilmember Butcher Butcher said she wanted to commend Eden Prairie staff for their hard work, planning and implementation of the July 4th Celebration. The events were well organized, and people were happy to have it back at Round Lake Park. The highlight was the opening of the Skate Board Park, the newest addition to the park system, which provides teenagers with something athletic and constructive to do with their time. She congratulated the staff and said it was truly a home-town celebration. CITY COUNCIL AGENDA DATE: July 10, 2001 SECTION: Reports of Councilmembers SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: City Council/ Report on Leadership Effectiveness Workshops ^ t Mayor Jean Harris f j Requested Action Move to: • Receive the"Summary of Key Observations and Conclusions Reached by the Participants"report dated June 14,2001,prepared by Neu&Company resulting from Leadership Effectiveness workshops of the City Council, City Manager and Management Staff; and • Adopt the report's recommendations. Synopsis The City engaged the services of Carl Neu of Neu&Company to facilitate a series of three workshops(held April 27-28,May 16, and May 29,2001)to assist the City Council, City Manager and the Service Area Directors in Leadership Effectiveness. Mr. Neu writes in a June 15, 2001, letter to the City Manager, "Eden Prairie is a community entering a phase when its leadership direction and priorities are vitally important to defining the community's mature(fully built out) character and presence in the metropolitan area. For this reason, it is important that the Council and staff recognize the pivotal choices they must make and the absolute necessity to function as a highly-productive,cohesive, responsible and respected team. Factors or behaviors distracting from these elements will only lead to a deterioration of the group's leadership potential resulting in detrimental effects upon and throughout the community." Attachment Final Report v 0 COMPANY CITY OF EDEN PRAMIE, MINNESOTA LEADERSHIP EFFECTIVENESS WORKSHOPS: • April 27-28, 2001 • May 16, 2001 • May 29, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS FINAL REPORT PREPARED BY CARL H. NEU, JR. June 14, 2001 CITY OF EDEN PRAIRIE, IYIINNESOTA LEADERSHIP EFFECTIVENESS WORKSHOPS: • April 27-28, 2001 • May 16, 2001 • May 29, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS FINAL REPORT Prepared By Carl H. Neu, Jr. June 14, 2001 I. INTRODUCTION Starting on April 28-29, the Council and Management Team of the City of Eden Prairie engaged in a series of Leadership Effectiveness .Workshops. The key observations and conclusions reached by the participants at the April 27-28 and May 16 workshops are enclosed in this report as Attachments A and B. The remainder of this report will focus on the outcomes of the May 29 workshop. ` II. KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS A. Introduction to the Workshop by the Facilitator The facilitator presented to the group an outline focusing on a number of issues pertaining to Council-City manager/staff relationships. This outline is included in this report as Appendix C. Primary attention during the workshop was. addressed to the following four areas: 1. Agendas and bringing issues before the Council. 2 J 2. Code of conduct 3. Council forums,meetings, and Council meeting schedules. 4. The development process. B. Agendas and Bringing Items Before Council The following observations and conclusions were developed pertaining to types of items and agendas coming before Council (based upon notes made by Nancy at the meeting). 1. Procedural - consent calendar, public hearings - driven by time (calendar) and rules-these items are not a problem. 2. Petitions and requests,informational items a. Staff-driven Evaluated by the group at Wednesday staff meeting. b. Council-driven (1) Chris could evaluate the appropriate/best format to present the info (e-mail, paper, report, meeting) on a the basis of whether the info is purely for the o mail or s to be pzes_ent_ed-in-a-pubJaic format.- If the Council member disagrees with the Manager decision, it should take 2 Council members to put it on the agenda. Allow 2 weeks. (2) If an item will go to staff for further info, no action is required - 2 weeks are needed. EXCEPTIONS: public safety issues, issues with deadlines imposed by a higher governmental entity, etc. (3) Reports of Council members should be informational - inform staff that an issue will be brought up. If it will result in direction to staff, there should be a majority promoting it. 3. Murky area - groups that want to appear on our agenda to inform and influence us. We agree that we want the Council meetings to be used for business - not info from groups. They can come to forums. If they want to be on the agenda, they need 2 Council members to promote this. � y C. Code of Conduct i The participants made the following suggestions: 1. Add two items to the code ♦ Respect agreed-upon process ' ♦ Respect roles and responsibilities 2. Readopt the Code of Conduct(Council and Staff) 3. Review as part of Workshop to determine if"code" is being followed. On the next page is the revised proposed Code of Conduct that the participants recommend be adopted and affirmed by the Council and Staff. D. Council Forums, Meetings, and Meeting Schedules and Council Member Communications The participants made a series of recommendations listed on pages 5 and 6 pertaining to council forums,meetings, and meeting schedules. E. Recommendations Regarding the Development Process The participants made the observations shown on page 7 pertaining to the development process. F. Other.Observations pertaining to Boards and Commissions • There needs to be a review of the current status of the Board and Commission structure to look at efficiency, effectiveness and retention of Board members. • Schedule a workshop to review the current status of the Board and i Commission structure. i i i Eden Prairie Code of Conduct 1'. Respect'agreed upon process 2. Respect each other 3. Respect roles and responsibilities 4. Have an open mind 5. Maintain open communication 6. Keep things in perspective; maintain a sense of humor 7. Support group decisions and teamwork 8. Make balanced, informed decisions 9. Practice continuous improvement 10. Operate according to the City's adopted values and goals 1. M-Ekedeois ons-- they UL,eE gU d--Gfthe corrunanity It is the responsibility of each Councilmember and staff member to practice and ensure these guidelines are followed. Reaffirmed by the City Council and Management Staff (date) Mayor's Signature City Manager's Signature Strategic Uanagement/Eden Prairie 2001 City Counci!/Staff Workshop,April??and May 27,1997 Q%%vindows%Tr-MFr Code of Cand=-ZCOl.doe SUMMARY OF COUNCIL/STAFF DISCUSSION ON COUNCIL FORUM AND MEETING SCHEDULE PROPOSED MODIFICATIONS TO CITY COUNCIL SCHEDULE I. Modify Workshop/Forum to provide focused time for each by designating one meeting per month for the Forum and one for the Workshop Council Forum Participation: To receive priority of a First Meeting of the Month scheduled time(10-15 minutes), 6:00—6:45 p.m. participants must contact the Office of the City Manager by noon the day of the meeting. Participants will be scheduled on a first come, first served basis. Walk-ins will be given an opportunity to present(3-5 minutes), time allowing. Workshop Second Meeting of the Month 5:00—6:45 p.m. II. Provide time for more in depth discussions between Council and staff Extended Workshops (two per year) Third Tuesday in March and October III. Provide opportunity for Council to meet more informally with the people at off-site locations Town Meetings -- Offsite, Selected Topics Second Tuesday in March and October 7:00—9:00 p.m. IV. Closed Sessions Hold on short Council Forum nights whenever possible(first meeting of the month) V. Provide for an Annual City Council/Staff Retreat to review strategies and set strategic direction for upcoming year(s) First Quarter Retreat—Facilitated Friday/Saturday—late March,before Spring Break � 7 COUNCILMEMBER COIMNIUNICATIONS Goal: To provide Council with information they need to make decisions and/or respond to community questions regarding policy,budget or services. Councilmember's request must be framed with a purpose and description of how it will be used; data/ information provided will be shared with all Councilmembers.Mayor requests may be directed to City Manager without Council support. Data will be shared with all Councilmembers. Reason for Communication Access Level Clarification of items in packet Staff who authored report Community questions MGMT/SAD/CM -Request for opzrrro G VLT/S�4D/C—M To share information(FYI,pass along comments, etc.) SAD/CM To share concerns/raise a question CM/SAD Request for Additional Information that Requires Staff Time and Resources Access Level Additional information readily available that requires minimal time SAD (collating,pulling minutes) Expanded information on focused issue already known to City Council and staff CM Complex, time-consuming—Philosophical, political,broad application, new City Council must request E-mail requests from Council should be short, specific—requiring only a simple response Note: Staff needs to be riven guidelines on how to respond to Council requests and who to inform. r; G SUMMARY OF COUNCIL/STAFF DISCUSSION REGARDING THE DEVELOPMENT PROCESS. MAY 29,2001 DEVELOPMENT PROCESS • Development process to be followed • Roles and relationship among Council, Planning Board and staff • Code of conduct Based on the small group discussion,the following issues need to be addressed: a There needs to be a reaffirmation of faith in the Planning Board and staff review process, but a need to educate Planning Board on Council Policy. -- • There needs to be a common understanding of the Guide Plan and Council expectations for on-going development. • Early conveyance of Council opinions to developers can hamper the negotiation process at staff and Planning Board level. • After, each election, there needs to be an education process to sort out any course corrections and Council expectations for on-going development. • When the City Council works at a detail level at Council meetings, rather than at a policy level,it has a tendency to disempower staff in the review and negotiation process. • Should the Council attend the neighborhood meetings held before the Planning Board? Based on input from the small group and by consensus of the large group discussion,the following policies and practices were brought forward: • A joint workshop with the Planning Board to be scheduled to review remaining development parcels/areas. The goal would be to seek input from the Planning Board and staff and for the Council to establish parameters and guidelines for their expectations of final development. This may be concurrent with the Guide Plan update process. • Councilmembers will not meet with developers in advance of the Council review process • Council will refrain from meeting with residents until after Planning Board action on a project. i III. RECOlYBIENDATIONS FOR FOLLONY-UP A. Affirmation of conclusions reached on agenda setting, code of conduct, council member communications, and council forums/meetings/meeting schedule. 1. The Council and City Manager/staff should review the recommendations that were developed at the May 29 workshop and affirm/adopt these conclusions as official Council policy that all members and staff will follow. 2. The Council should monitor its progress towards commitment to and the practice of the procedures and agreements outlined above. 3. The Council and staff should schedule a fall workshop, possibly with the facilitator, to evaluate the gains made in relationships and procedures as the basis for sustaining these efforts and identifying opportunities for additional progress. 4. The Mayor, and . Council members should hold each other accountable for commitment to the practices and principles developed during these workshop discussions. B. The Development Process a The development process, representative of one issue pertaining to council-board/commission relationships, is extremely critical and must be reaffirmed as a productive partnership involving council, the planning and zoning commission, and the staff. The recommendations made by the group on May 29 should be acted upon as rapidly as possible to rebuild relationships among the three parties involved in the development process and to serve as a model for Council relationships with other boards and commissions. C. Budget for and administering Council expenses This item, touched on briefly at the end of the May 29 workshop, remains unresolved. It places the City Manager in an untenable position to have to monitor and approve/disapprove Council and Council member expenditures. The functions of budgeting for and administering Council expenses should reside solely within Council. It is recommended that Council, as a whole, establish its budget pertaining to Council operations, travel, etc. The oversight for the administration of this budget probably should be delegated by the Council to the Mayor as the presiding officer of the governing body. The oversight process then would be required to ensure that actual expenditures are made within the constraints of the /0 approved budget and are consistent with Council policy and prudent administrative/financial management procedures. D. Council Goals and Priorities Recommendations were made at the April 27-28 workshop pertaining to establishing Council goals and priorities, revisions to the Guide Plan, and reaffirmations of strategic initiatives. A workshop should be established, probably in October, for Council to conduct these three tasks annually. However, this Council needs to reaffirm or modify the strategic initiatives in accordance with its leadership -priorities and make appropriate adjustments to the Guide Plan. Additionally, at this workshop, Council must establish its long-term goals and immediate priorities and direction so that staff and can prepare and submit to the Council an appropriate budget for the next calendar year. Through the strategic initiatives, revised Guide Plan, and Council goals and priorities, leadership direction from this Council can be clear and serve as the basis for Council-staff working relationships. Since April 2000 COAMUNITY PROGRAM BOARD Meeting Summary Date Mtg. Status Items Discussed Comments (Meeting Held or Cancelled) 4/25/00 Held ➢ Org Chart—Boards and Commissions ➢ Org Chart—City Service Areas ➢ Review CPB Charter ➢ Review Citizen Advisory Commissions ➢ Orientation Materials Management/Use Historical Properties ➢ Third Rink Task Force 5/23/00 Held ➢ Third Rink Task Force Report 6/27/00 Cancelled Utg. moved to 7/11/00 7/11/00 Held ➢ Third Rink Task Force—City Council Actions ➢ Historic Sites Management and Use Presentation 7/25/00 Cancelled Next mtg. on 8/22/00 8/22/00 Held ➢ Status of Historic Properties Management and Use Plan ➢ Smetana Lake Improvement Project ➢ Agreement between Minnetonka School. District 276 and City of Eden Prairie for Community Education Annual Fee- ➢ Eden Prairie Conservation Areas Survey and Management Plan ➢ Skateboard Park 9/26/00 Held ➢ Review and Recommend Skateboard Park ➢ Site Selection for 2001 4lh of July Fireworks Display ➢ Community Forum and Survey 10/24/00 Cancelled 11/28/00 Held ➢ Update Skateboard Park ➢ Update Historic Properties Management and Use Plan ➢ Update Teen Center ➢ Environmental Programming Update ➢ Community Forum Report ➢ Community Survey Focus and Timeline ➢ City Communication Plan ➢ Student on Boards and Commissions 12/26/00 Cancelled 1/23/01 Cancelled 2/27/01 Held ➢ Update on Community Forum/Survey 3/27/01 Cancelled kNadmindoc\Tanya llCommunity Program Boar&CPB Meeting Summary-filed outdoc r w 10115/01 1 Date Mtg. Status Items Discussed Comments (Meeting Held or Cancelled) 4/24/01 Held ➢ Purgatory Creek Recreation Area Programming Alternatives ➢ Crestwood Park Plan ➢ Water Surface Use Ordinance for Smetana Lake ➢ Community Newsletter ➢ Status of Skateboard Park for Round Lake Park 511101 Special Mtg.Held ➢ Results of the Community Forum and Joint Mtg. with Community Survey City Council, CPB and Parks and Rec: CAC . 5/22/01 Held ➢ Recreation Program Fee Policy 6/26/01 Special Mtg.Held ➢ Purgatory Creek Recreation Area Final Joint Mtg. with Concept Plan CPB and Parks and Rec. CAC 7/24/01 Special Mtg. Held ➢ Nominate Representatives to City and Joint Mtg.with School Facility Use Advisory _ CPB and Parks and Committee Rec. CAC—Bus Tour 8/28/01 Cancelled 9/25/01 Held ➢ Eden Prairie Baseball Association Request ➢ Crestwood Park Revised Development Plan VtdmindodlTanya RCoaununity Program Boar&CPB Meeting Summary-fli led oucdoc qw 10/15101 2 PARKS AND RECREATION CITIZEN ADVISORY COMMISSION Meeting Summary Date Mtg. Status Items Discussed Comments (Meeting Held or Cancelled 511100 Held ➢ 3r Rink Task Force Special Meeting 6/1/00 Held ➢ Call for Special Meeting for June 19 Tour of Parks ➢ Subsidy Requirements 6/19/00 Held ➢ Park Tour Special Meeting 8/7/00 Held ➢ Update on Birch Island Woods ➢ Minnetonka Community Ed. Annual Fee ➢ Smetana Lake Project ➢ Conservation Areas Survey and Management Plans ➢ Relocation of the 4th of July Celebration to Round Lake Park ➢ Proposed Skate Park at Round Lake 10/2/00 Cancelled 12/4/00 Held ➢ Update on the Skate Park ➢ Update on Smetana Lake Park Plan ➢ Update on 41h of July Celebration ➢ Update on Community Survey ➢ P &R Promotional Videos ➢ Update on Historical Programs 2/5/01 Held ➢ Crestview Neighborhood ➢ Purgatory Creek Recreation Area Task Force 4/2/01 Held ➢ Orientation for new members ➢ Facility Review Committee Nomination ➢ Community Form ➢ Crestview Park ➢ Request from Karen Pedersen 4/24/0.1 Held ➢ Purgatory Creek Recreation Area Special Meeting Held with the Program Board 6/4/01 Cancelled 6/26/01 Held ➢ Purgatory Creek Recreation Area Final Special Meeting Concept Plan Held with the Program Board 7/24/01 Held ➢ City/School Facility Committee Special Meeting Nominations . Held with the ➢ Tour of Eden Prairie Program Board 8/6/01 Cancelled 9/10/01 Special Meeting ➢ Baseball Request Needed a Sept. ➢ Creekwood Park Revised meeting for deadline purposes 10/1/01 Cancelled LWmindoclTanyaACommunity Program BoardlCPB Mating Summary-filled out.doc dw 10115101 3 HUMAN RIGHTS AND DIVERSITY CITIZEN ADVISORY COMMISSION Meeting Summary (NOTE: No Meetings are held in July, August or December) Date Mtg. Status Items Discussed Comments (Meeting Held or Cancelled) 4/11/00 Held ➢ South Hennepin Immigrant Services Group (SHISG) and Bias Crime Activity Status (These are always on agenda whether discussed or not) ➢ League of Women Voters ➢ Human Rights Award ➢ Human Rights Youth Scholarship Award ➢ Discuss representation for League of Minnesota Human Rights Commission 519/00 Held ➢ SHISG and Bias Crime Activity ➢ League of Women Voters ➢ Human Rights Award ➢ Human Rights Youth Scholarship Award ➢ League of Minnesota Human Rights Comm. ➢ Eden Prairie League of Women Voters Action Forum 6/13/00 Held ➢ SHISG and Bias Crime Activity ➢ Award Presentation ➢ DiverseCity on the Prairie 9/12/00 Held ➢ SHISG and Bias Crime Activity ➢ Review of DiverseCity on the Prairie ➢ Discussion on Roberts Rules of Ordering ➢ Student Commission Representatives 10/10/00 Held ➢ SHISG and Bias Crime Activity ➢ Student Commission Representatives 11/14/00 Held ➢ SHISG and Bias Crime Activity ➢ Student Commission Representatives ➢ Human Rights Award ➢ Human Rights Youth Scholarship Award 1/9/01 Held ➢ SHISG and Bias Crime Activity ➢ Report on Somalian Resource Fair ➢ Human Rights Award ➢ Human Rights.Youth Scholarship Award 2/13/01 Held ➢ SHISG and Bias Crime Activity ➢ Human Services Review Committee ➢ Human Rights Award ➢ Human Rights Youth Scholarship Award ➢ DiverseCity on the Prairie suggestions 3/20/01 Held ➢ SHISG and Bias Crime Activity ➢ Human Services Review Committee ➢ Appointments to HRDCAC ➢ EP High School Diversity Fair ➢ Human Rights Award Updates ➢ Human Rights Youth Scholarship Award OadnindodTanyaACommunity Program BoatdiCPB bfecdng Summary-filled ouLdoc tjw 10/15/01 4 Date Mtg. Status Items Discussed Comments (NIeedng Held or Cancelled) 4/10/01 Held ➢ SHISG and Bias Crime Activity ➢ Human Services Review Committee ➢ Human Rights Youth Scholarship Award Process ➢ ReviewNote Human Rights Award ➢ West Suburban Mediation Center 5/8/01 Held ➢ SHISG and Bias Crime Activity ➢ Human Services Review Committee ➢ Human Rights Award ➢ Human Rights Youth Scholarshi Award 6/12/01 Cancelled 9/11/01 Cancelled Due to National Tragedy 10/9/01 Held ➢ SHISG and Bias Crime Activity ➢ Human Services Review Committee ➢ Human Rights Award ➢ Human Rights Youth Scholarship Award ➢ Review of DiverseCity on the Prairie Event ➢ Review of FamiLink luncheon ➢ League of Minnesota Human Rights Commission Annual Conference ➢ Information Line Update for HRDCAC ➢ Review of Mayor Harris' Article Regarding Terrorists Attacks I:•admindoclTanyaP.Cotmnunity Pmgmm Bou&.CPB Mee ing Summary-filled oucdoc tjw 10115101 5 1 , I , — 1 ,- E 1 , E �y I 1 00 U y .: y •bpo .: O .•y. 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Boa 3�w a co N G o a� •Si? ADVISORY BOARDS & CorvaIISSIUPIS-eHARTER STATEll�m s CorvhvwMTY PROGRAM BOARD (PROGRAM SUPPORT) Purpose Statement: To review and advise on City communications and leisure programs and activities in order to provide balanced programming reflective of changing demographics within available resources.To coordinate efforts of Citizen Advisory Commissions to ensure that all work is supportive and consistent with the City's Strategic Plan. Roles.and'Responsibilities: A. To coordinate bfforts of Citizen Advisory Commissions in support of and consistent with the City's Strategic Plan. B. To promote the use of volunteers in support of City programs and services. C. To provide input to Staff on the review and evaluation of City-sponsored leisure programs and activities. D. To provide input to Staff bn City-sponsored communications to provide for timely and open communication channels to City residents to build awareness and promote programs and services. E. To review and report on matters assigned by the Council. . Membership: Seven to nine members—one representative from each Citizen Advisory Commission and three(3)to five(S)members at large with expertise in:public safety, senior services, youth at risk,human services, education&public relations/communication. Chair and Vice Chair: Annually appointed by the City Council. Staff Liaisons: Director of Management Services and Director of Recreation Services. Meeting Time &Frequency: 4Ih Tuesday of each month. `SEP FSt%SYS.GROt:PSoltanagenatficaBD&CammPropChartaSmtrmcawZol=unityPmgr=BGM7" IMCDOO ADVISORY BOARDS & COMIHSSIONS CHARTER STATEMENTS PARKS& RECREATION CITIZEN ADVISORY CObiNIIBsION (PROGRAM SUPPORT) Purpose Statement: Act in an advisory capacity to the City on matters of leisure services,recreation programming and development and use of parks,and recreation facilities supported by the general public. Roles and Responsibilities: - A. Enlist the support of organizations and individuals in providing City parks and recreation facilities and activities. B. Provide input to•Staff in the promotion of awareness and use of recreation ' facilities and activities by community organizations.and individuals. C. Provide input to Staff on park plans including site development and facility modification and/or location. D. Provide input to Staff on the prioritization of park projects for use in developing the City's capital improvement program. E. Provide input to Staff on Park and'Recreation facility use. F. Provide input to Staff on leisure programs and activities. Membership:Five(5)to seven(7)members-at-large appointed by the City Council. Chair and Vice Chair: Annually appointed by the City Council. Staff Liaison: Manager of Recreation Services Meeting Time&Frequency: I"Monday in even months '.'.EP F51`SYSGROUPS•\lanagvs O�cetBDbCommPraj+Chuter5tatanrn[s`Puks-Reueuion.doclll6'00 ADVISORY BOARDS & CoivmIISSIONS CHARTER STATEMENTS HUMAN RIGHTS AND DIVERSITY CITIZEN ADVISORY COTWMSION (PROGRAM SUPPORT) Purpose Statement:Act in an advisory capacity to the City on matters of diversity, civil and human rights,and the Americans with Disabilities Act. Roles and Responsibilities: A. Enlist the cooperation of agencies,organizations and individuals in the community to promote awareness and appreciation of diversity. B. Review and investigate alleged ADA violations submitted to the.City via the ADA Grievance procedures. C. Work with community volunteers to promote the City's Manifesto and provide ,:..:. response and support to victims of incidents of bias. Membership:Five(5)to seven(7)members-at-large appointed by City Council. Chair and Vice Chair: Annually appointed by the City Council. Staff Liaison: Supervisor of Human Resources. Meeting Time& Frequency: 2°d Tuesday of the month, January-June and September- November. - F:`.GiZOL7S1[ana¢azOnce9D�[ummPeoi-[6srterSisemra�Hnm=nRichmDivasirvdoc[r31:00 ADVISORY BOARDS & CommisSIONS CHARTER STATEMENTS ARTS&CULTURE CITIZEN ADVISORY COMMISSION (PROGRAM SUPPORT) Purpose Statement: Act in an advisory capacity to the City on matters pertaining to cultural,performance and visual art programs and activities supported by the general public. Roles and Responsibilities: A. Enlist the cooperation of organizations and individ�C� �e counity to promote community awareness and su a ce d A al arts and cultural activities. B. Promote partnerships with'a r 0 ` es o o t m tro lit area. C. Provide input o ev 10 e t f , r j s ai es. D. Provi m t o n e Eop e p gr s o unicate and s e oc aural 1 ge. Memb i : ve to sayn 7).me 'rs-at-large appointed by the City Council. Chair an V' a ai : ually appointed by the City Council. Staff Liais Recreation Coordinator—Arts & Special Events Meeting Time& Frequency: 2"d Monday in odd months XW FSI%—&'AGROUPS1Manag=Of iceNBD&CommPmjlChm-wSmt==tsXA=-Cultumdoe 04Y.1/00 ADVISORY BOARDS & COIYDMSIONS CHARTER STATEMENTS ENVIRONMENTAL EDUCATION CITIZEN'S ADVISORY COMMISSION (PROGRAM SUPPORT) Purpose Statement: Act iri an advisory capacity to the City on the management of natural resources and advise on programs that promote environmental awareness and conservation of resources as supported by the'general public.. Roles and Responsibilities: A. Enlist the cooperation of organizations vN s th�co , unity to promote environmental award �nd, rva a axe o es c istent.with the City's Strategic and r the ve 1 B. Provide input�te. th d e .of p ' s tres to promo e s th Im e o: n ! ntal stewardship. C. m 1 t taff' el nt ed on programming for the Cent D. ovid inpu o S' o` rogr activities to be included in the ELC E. P vi rrA ut st n the management of natural resources. Members . Five(5)to seven(7)members-at-large appointed by the City Council. Chair and Vice Chair: Annually appointed by the City Council. Meeting Time.&Frequency: 2nd Thursday-of the month, January-June and September- November 11EP FSI%SYSIGROUPSVAanag=0ffice19D&-Co=nPmllQbartaSW=cns1Fnviimmanm1Edu=domdoc UnI100 -r, A. UNAPPROVED MINUTES EDEN PRAIRTF CITY COUNCIL TUESDAY,NOVEMBER 20,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie,Parks &Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:03 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:50 p.m. in the Council Chamber. This will be scheduled time following City Council Workshops and preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. From 6:50 -7:00 p.m. there will be an Open Podium in the Council Chamber immediately preceding regular City Council Meetings. Anyone wishing to speak at the Open Podium may do so without advance notice to the Council or staff. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the agenda as published. Motion carried 5-0. V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 6, 2001 Case made a correction on page 7, the second line of the second paragraph, which should read". . . members of the Board got their information packets too late . . ." MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, November 6, 2001, as published and amended. Motion carried 5-0. CITY COUNCIL AIMUTES November 20,2001 Page 2 VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2001-170 APPROVING FINAL PLAT OF SUNNYBROOK PLACE B. ADOPT RESOLUTION NO. 2001-171 AUTHORIZING AMENDMENT OF PROJECT MANAGEMENT AGREEMENT FOR SUMMIT PLACE SENIOR HOUSING DEVELOPMENT C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH INC. FOR DESIGN AND CONSTRUCTION SERVICES FOR EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK,I.C. 5537 D. APPROVE SECOND AMENDMENT TO PURCHASE AGREEMENT WITH WOODLAKE SANITARY SERVICE, INC., FOR ACQUISITION OF THE PARKS AND PUBLIC WORKS STORAGE FACILITY SITE E. APPROVE THE PROPOSED CONTRACT FOR SRF TO PREPARE AN UPDATE TO THE COMPREHENSIVE PARK, OPEN SPACE, TRAIL AND RECREATION PLAN Jullie explained, regarding Item E, that the City has just received the final contract agreement from SRF, and the Council will be approving that agreement. MOTION: Tyra-Lukens moved, seconded by Mosman, to approve Items A-E on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. SHADY VIEW ADDITION by First Industrial L.P. Request for Planned Unit Development Concept Review on 5.14 acres, Planned Unit Development District Review with waivers on 5.14 acres, Zoning District Amendment within the I-2 Zoning District on 5.14 acres, and Preliminary Plat on 5.14 acres into 2 lots. Location: 7152-7198 Shady Oak Road. (Resolution No. 2001-172 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment and Resolution No. 2001-173 for Preliminary Plat) Jullie said official notice of this public hearing was published in the November 8, 2001,Eden Prairie News and was sent to 10 property owners. Franzen explained that this is the subdivision of 5.14 acres into two lots so that two existing buildings can be sold separately. This was before the Community Planning Board on November 13, 2001, and they voted 7-0 to recommend approval of the project. Mayor Harris asked if anyone wished to address the Council. No one did. CITY COUNCIL NW4UMS November 20,2001 Page 3 MOTION: Butcher moved, seconded by Case, to close the public hearing and approve 1"Reading of the Ordinance for Zoning District Amendment within the I- 2 District on 5.14 acres; and adopt Resolution No. 2001-172 for PUD Concept Amendment; and adopt Resolution No. 2001-173 for Preliminary Plat on 5.14 acres into two lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. B. HENNEPIN VILLAGE by The Pemtom Land Company. Request for Comprehensive Guide Plan Change from Office to Medium Density Residential on 17.7 acres and from Office to Neighborhood Commercial on 4.5 acres, and from Medium Density Residential to Office on .7 acres, Planned Unit Development .Concept Review on 249 acres, Planned Unit Development District Review with waivers on 28.3 acres, Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM- 6.5 on 18 acres, Site Plan Review in the RM-6.5 District on 18 acres, and Preliminary Plat on 28.5 acres into 125 lots and 2 outlots. Location: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. (Resolution No. 2001-174 for Comprehensive Guide Plan Change, Resolution No. 2001-175 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2001-176 for Preliminary Plat) Jullie said official notice of this public hearing was published in the November 8, 2001,Eden Prairie News and was sent to 45 property owners. Dan Herbst, with The Pemtom Land Company, said the idea for this project came from the City's past, inspiring simple, functional farmstead architecture, similar to the vintage homes in the area. A historic architectural theme is proposed for both the single-family homes and the townhouses. Dwight Jellie, an engineer with Westwood Professional Services, said that topography, soils, an archeological survey, historical and Native American issues, were all considered in this project. Herbst said the location of the site is near Flying Cloud Airport and the Riley Creek area. Pemtom has been concerned about the archeological features, the location of Riley Creek and the steep slopes on the property. Hennepin Village includes four sites with 184 single-family homes, 511 townhouses, 4.5 acres of neighborhood commercial, 71 acres of office, and 71 acres of open space. There will be areas on the project to shop, live and work, without having to travel long distances. The single-family homes along Eden Prairie Road would be screened from view, and there would be no garages facing the road. The streetscape, driveways and garages would be to the rear of the houses. The walkout townhomes are the only ones having garages to the front. The pedestrian part of the plan is also critical. Pemtom proposes more than 4.28 miles of sidewalks and 4.9 miles of trails, which would connect the Riley Creek system with Eden Prairie Road and Spring Road. This would tie in with the trail system down to the Minnesota River. 3 CITY COUNCIL ME*i T S November 20,2001 Page 4 Herbst asked for concept approval, specifically for Site A, where there will be two housing types — single-family and walkout townhomes. In addition, he asked for approval of the preliminary plat, preliminary grading and landscaping plan. This site will have 125 homes on 30 acres. They want to create unique features in each neighborhood. Herbst said the plan contributes trails, open space and amenities to the City. Pemtom will be providing a total of about 73 acres of private and public open green space to Eden Prairie. Clustering allows for more green space, less grading and removal of fewer trees. Herbst said the Community Planning Board was concerned that the property line between the prairie bluff land and the private housing be physically defined. Pemtom is planning to grade the entire system down three-to five feet and a berm, so there would be definition between public and private land. Herbst said the Guide Plan change from office to commercial and residential is extremely important in order to have adequate open space and amenities. The Planning Board was also concerned about clear definition between Site A and the east-west runway of Flying Cloud. MAC has provided a safety zone and screening, and the City will be providing a crossover road between Eden Prairie Road and Spring Road. The City staff and Planning Board did not want to change 17.7 acres from office to residential because of its proximity to the airport. Most housing would be built away from the perimeter of the property, and the noise levels from aircraft are less than some other locations in the City. He has met twice with MAC representatives and.with residents, and has not received any negative comments from MAC. Herbst acknowledged the housing does not meet the City's affordable housing goals. However, he said this is a unique opportunity to put townhomes $190,000 to $250,000 range on some of the most unique property in the City. He cannot build less expensive homes because of the cost of land. The other concern the City has is the loss of potential jobs by converting the Guide Plan on 17.7 acres from office to housing. However, he believes the City is extremely strong on jobs and obviously needs more homes than jobs. He also believed that adding a commercial area would be a great amenity to those living there. The City wants to construct a connector road with the first phase and to charge the cost to the homes built there. Herbst believed that would be too much of a burden to the homeowners on Site A. He suggested that the City, the developer and the neighbors work together to resolve this issue. The impact of a crossover road would be substantial. The original allocation of that road to Sites A and B is $1,950 per lot on lot development costs. If they have to build a crossover road with Site A, it would raise the cost of each lot by $5,000 and raise the price of each home by $11,000- $12,000. If they were to take out the 17 acres to change the Guide Plan, it would eliminate 118 homes and would add $9,100 to each home. Adding these together, reducing the density and charging the entire cost of the crossover road to Site A, would raise the price of each home in Site A to $20,800. He asked the City to consider that. 4 CITY COUNCIL AETff ES November 20,2001 Page 5 Case asked if the donation of land is in lieu of cash park fees. Herbst replied no, Pemtom would do both. Franzen said the Planning Board voted for six of the elements in the project. They voted against the Guide Plan change from office to medium-density residential on 17.7 acres in Site C. The City wondered how such a change would affect discussions with MAC. However, since the Planning Board meeting, the City has received a letter from MAC, which indicated they are not in opposition to the Guide Plan change. As a result, staff recommended approval of the Guide Plan change from office to medium-density residential. Mayor Harris asked if anyone wanted to speak to the Council on this project. Dean Edstrom, 10133 Eden Prairie Road, said he would like to. preserve the wilderness area as well as possible. The bluffs would be affected by this development. He expressed concern on the issues of environmental density, airport and safety and transportation and traffic. The City is on record as recognizing the environmental sensitivity of the area. The City should consider something with less density, such as single-family homes on five-acre lots. The airport is likely to be expanded and, if that happens, there will be more safety issues with this property. Regarding traffic concerns, he didn't believe the proposal adequately addressed the transportation problem. He would like to see traffic go on County Road 4 to reach Highway 212, not on Eden Prairie Road. Existing Eden Prairie Road should be linked to existing Spring Road. It appeared from the plan that County Road 4 is to be realigned along proposed Charlson Road. He would not want this proposal adopted without having Spring Road become the main north- south artery. He recommended deferring the project until further study can be made of all the issues. MOTION: Case moved, seconded by Mosman, to close the public hearing. Motion carried 5-0. Butcher stated this is a plan for a community that is about neighborhoods and incorporation of natural landscapes that fit into the topography and also into the historical aspects of the site. It is the most complex project she has seen since becoming a member of the Council. It is an example of sustainable development, where housing is clustered in an area in order to maintain the natural resources so everybody can enjoy them. She liked having the neighborhood convenience area because there are no places to shop close to that area. However, she would like to see the commercial area designed with the architectural details of Hennepin Village. More housing is needed in this region. The whole region will be growing by 650,000 people over the next 15 years. This is a good way to meet that need. Butcher said overall, this project fits well into the growth of the southwest portion of the City by using density transfer to utilize open space for all to enjoy. However, the location of the townhouses in proximity to the airport is a concern and may require special treatment of this site. Also, private landowners need to be cautioned against encroaching on the natural areas. 5 CITY COUNCIL AIM UTES November 20,2001 Page 6 Mayor Harris said the plan was delightful. It reflects many of the concepts the City has for this area. The historical, cultural and archeological resources are preserved, and 70 acres of open space would be donated to the City. It also addresses the need for a spectrum of housing and uses a unique style of architecture with a well- thought-out design. She was also concerned about proximity to the airport, which requires some discussion on developing housing in that area. Case said he wished to respond to the issues raised by Dean Edstrom. On the issue of environmental density, Case believed the City would not have 70 acres of dedicated land without density transfer. On the airport safety issue, that is a no-win issue and has always been difficult to answer. With regard to traffic, townhomes do not generate as many trips as single-family homes do. Case said the City needs more small commercial areas, which came out of the Senior Issues Task Force. In years past, the Council has talked about wanting to have neighborhoods like those provided in this project. The 17.7 acres of residential in Site C that the Planning Board debated does not directly pertain to the airport discussion issue. In former discussion the Council has discovered that this area is outside the current or future 60 dBA DNL contour line. Case recommended that staff meet with the developer before the second reading to review any additional noise-abatement ideas on how all the homes in this development could be made more soundproof. Case said he liked this project because it has new homes that have an old look, with the ambiance of front porches and gables. He also liked the trails and open spaces. This development is what the Council wanted to see in the southwest corner of the City. Tyra-Lukens said she believed this is a beautiful neighborhood, building a community within the City. She liked the effort to work with the geography of the site regarding architecture. She asked what type of architectural controls Pemtom will have over the builders to make sure it looks this way and the price point. Herbst replied they will incorporate these requirements into their declaration of covenants and architectural documents to ensure that the houses will look the way they want them to look. They are working with Mike Franzen on a diversity plan so that identical homes are not adjacent or across from one another. Part of their next step with the City would be to bring back the type of architecture and covenant articles for approval. He said he doesn't have as much control of the price point. Tyra-Lukens asked Dietz about the issue of the crossover road, where it will go in and who pays for it. Dietz replied the crossover road is a very important element both in terms of concept and also in terms of traffic. The City wants to make certain it happens and that is why they want to put it into the first phase of the project, concurrent with the development of Site A. He didn't necessarily expect to put the cost burden just against Site A. It could be shared with Site B. The City wants to build the crossover road during the early part of the project. City staff and the developer could look into ways to make sure it is built at a certain time. CrrY COUNCIL MVff TES November 20,2001 Page 7 Perhaps it could be handled privately between the builder and the developer. Tyra-Lukens asked Dietz to address the location of the crossover road. Dietz replied he believed it would be better to have it farther south along Eden Prairie Road to cross over to Spring Road. When he met with Herbst and his consultants, they said chose the location farther north. There is the possibility the connecting road would have to be constructed with a 10 percent grade rather than 8 percent, which would be preferable. Case asked if Eden Prairie Road would be closed off at Highway 212 at some time, and how would they keep cut-through traffic from occurring? Dietz said they believed Spring Road will continue to be County Road 4, but realignment of Eden Prairie Road over to Spring Road is being done as part of this development process, and those who buy property there need to pay for it in order for it to be built. The City doesn't expect proposed Charlson Road to take the place of Spring Road as County Road 4. Mayor Harris asked for suggestions to ensure the cost would be shared between Sites A and B. Dietz replied all of Site A is being built without the connection, but as a cul de sac with Spring Road as one entrance point. He would like to see the road connection under construction before Site A is completed. If nothing else, the corridor should be graded. There may be a way to phase the work. He hoped there would be`some way to deal with it privately and to recognize that Site B would also benefit from the road. However, the City would consider working out a special assessment agreement that required the road to be built when Site A is 50 percent constructed. Tyra-Lukens said that could be included in Council's conditions. She believed it was very important to have a crossover road built there. Mosman said she was pleased that Pemtom will be using an infiltration system rather than just NURP ponds, which is a more desirable way to handle storm runoff, because the area has steep slopes that could easily erode. The clustering of homes is desirable rather than five-acre lots,because the clustered homes do protect easily erodible land and vegetation. She asked Dietz when Charlson Road will be built to serve the potential residential and commercial areas. Dietz said the City has not reached agreement with MAC in terms of getting right of entry to construct the project. The City has envisioned the Charlson area infrastructure improvements would be built in two phases. The first phase would build Eden Prairie Road to Riley Creek and around the southwest corner of Grace Church. The second phase would be everything else. Herbst has discussed this with him and said his goal is to get Site A constructed, so he would need the first phase of roadway improvements plus some of the second phase. The first phase is designed, the second phase is partially designed. It will be nearly impossible as a City project to get everything in place to begin work on Site A next spring. Perhaps there could be some cooperative effort between the City and Pemtom. That would be the desirable way to move this project along. q CITY COUNCIL MINUTES November 20,2001 Page 8 Mosman said she believed the commercial part of the project is vital to the success of the whole project. Regarding the airport noise, she contacted the control chief at the airport tower and was told the planes would not be flying over this property when they are taking off. They make a curve to the south away from residential elements. They couldn't curve and come back over this property. Mosman asked where the Dornkemper house is located. Herbst said the residence • is on the right side as you enter Settler's Ridge off Pioneer Trail. They have cut into the siding and found 15-inch hand-hewn logs in great condition. He had John Gertz look at the house several times and a log restoration expert. One option is to leave the house where it is and restore it in place. Mr. Gertz said that would be the best thing to do. Herbst would have to buy the land back. It would eliminate a couple of townhomes from the plan. They could give it to the City and make it a permanent feature of the City. The other is to move it,perhaps to the neighborhood convenience center where people could look at it. However, he believed it would probably be best to keep the house where it is. Butcher said it is a good idea to leave the house in place. She thanked Herbst for caring about preserving the house. She wondered if it might be prudent to protect the City as well as the developer with regard to notifying potential buyers that the houses are near the airport. Rosow replied a notice is sufficient. That is usually the developer's responsibility to give to the builders and realtors. He recommended directing the developer to attach some notification to the initial sale documents. He recommended staff have this discussion with the developer before the 2"d Reading. Rosow said he would like an answer from Herbst about the timing of the road connection. It is critical that the City knows it will be built. Herbst said he realized the road is important to the area and he would work out something with City staff, perhaps having a bond. He had no problem with the other issue that buyers be notified about proximity to the airport. That would be put in the declaration of covenants, and he would have buyers sign a disclosure statement before they buy the home. Franzen recommended the Developer's Agreement include specific architectural features in Site A for the townhomes. To assure special architectural features for the houses, he recommended having a manual that would list what the architectural features should include. Mosman noted the number of acres in the motion do not add up to the total acres in the development. Franzen said he would look into that. The numbers on the plan are correct. MOTION: Case moved, seconded by Butcher, adopt Resolution No.2001-174 for Comprehensive Guide Plan Change from Office to Medium Density Residential on. 17.7 acres; and from Office to Neighborhood Commercial on 4.5 acres, and from Medium Density Residential to Office on .7 acres; and adopt Resolution No. 2001- CITY COUNCIL NVIENUTES November 20,2001 Page 9 175 for Planned Unit Development Concept Review on 246.5 acres and approve I" Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres; and adopt Resolution No. 2001-176 for Preliminary Plat on 28.3 acres into 125 lots and 2 outlots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and the following Council conditions: (1) constructing for sound mitigation, (2) airport disclosure, and(3) crossover road to be worked out with Staff. Motion carried 5-0. C. CHARLSON, BROWN AND STANDAL AUAR by Charlson, Brown, and Standal. The Alternative Urban Area-wide Review (AUAR) is an environmental review to consider an overall development scenario for a large site, rather than incremental impacts of individual projects or phases of one large project over a period of time. This is a comprehensive review of drainage, wetland, traffic, water quality, and historic, cultural and natural resources on 318 acres. The AUAR is based on the existing guide plan. Location: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. (Resolution No. 2001-177 for Alternative Urban Area Review) Jullie said official notice of this public hearing was published in the November 8, 2001 Eden Prairie News and was sent to 45 property owners. Franzen said the initial reason for doing an environmental review was because of the anticipated construction of Charlson Road and Eden Prairie Road. Since there is adjoining property to this road, staff thought it would be a good idea to include both and to examine them at the same time. This is a comprehensive review of environmental impacts, including traffic, drainage, wetland, water quality, historic, cultural and natural resources. The Community Planning Board voted 7-0 to recommend approval of the project at its November 13, 2001 meeting. Mayor Harris asked if anyone wished to address the Council. Dean Edstrom, 10133 Eden Prairie Road, asked for clarification on whether Charlson Road or Spring Road would be designated County Road 4. The depiction of the Charlson property included in the documents indicates Charlson Road would be the future County Road 4. Dietz replied Spring Road would continue to be County Road 4. This is a conflict within the document and should be clarified. Jeff Strate, 15021 Summerhill Drive, had two questions about the AUAR. If the office development proposed along Charlson Road comes in, will it be necessary to have an Environmental Assessment Worksheet (EAW) prepared by the developer or will the AUAR be sufficient? Will this AUAR be amended in time in case more things are discovered in the future about this area that are not known at present? 9 CITY COUNCIL NIM=S November 20,2001 Page 10 Franzen replied the AUAR does address future land use in this area. The office area is also consistent with the amount and location of office in the Guide Plan, so would not need to be addressed by a separate document. It depends on whether the change would be a material change to the document. If so, the AUAR would have to be redistributed to all agencies in the review list. MOTION: Mosman moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2001-177 for Alternative Urban Area Review. Case said he would like to have Mr. Dietz explain the discrepancy in the location of County Road 4. Dietz replied he was unaware of any change in designation of County Road 4 from Spring Road to Charlson Road. Hennepin County would have to review the plans at some point. His understanding was that Spring Road would remain County Road 4. Dean Edstrom was correct that the plan shows Charlson Road as the future County Road 4. He said he would look into that. Case said he wanted Council's resolution to be contingent on correcting that mistake and with the understanding that Spring Road will remain County Road 4. Tyra-Lukens wondered if Charlson Road were designated County Road 4, would Hennepin County participate in paying for its construction. Dietz replied there was no participation in realignment of County Road 4. Tyra-Lukens said that means there would be no incentive for the County to designate Charlson Road as County Road 4. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and Harris voting` aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. Discussion Regarding Possible Increase from 5- to 7-Member Council Rosow said the State Statutes under which the City is organized allow the City to put to a vote of the residents the question on whether the Council should be increased from five to seven members. That would involve electing two additional members to the Council. The process to follow is for the Council to pass an ordinance that spells out the question, and in addition has to specify the election that would accomplish the change. The next regular City election is in November 2002,when the question of increasing the number of members would be voted on. If approved, one additional /0 CITY COUNCIL MINUTES November 20,2001 Page 11 Councilmember would be elected in November 2003, for a one-year term, and one would be elected for a three-year term. Rosow said he has discussed with the City Clerk how voting would be done in 2003, an off-election year, and she stated this would involve combining with school district elections in November or a special election could be held earlier in 2003. Mayor Harris said her original reason for proposing this is because of the increasing growth in diversity of Eden Prairie. It would be an opportunity for more residents to participate on the Council. Tyra-Lukens asked Rosow if the State Statutes only allow the City to go from five to seven members. Rosow said a Statutory City, such as Eden Prairie, would only be allowed to go from five to seven members. Butcher said she really supported going from five to seven members because, in the past election, there was a demonstrated interest in serving on the Council. There is a renewed interest in citizenship in this country, which is a positive thing. The Council should increase to allow more people to be involved. She believed it would be confusing to add the City's elections to the school district elections; so it would be better to have a separate, special election. Mosman said she was trying to get specific feedback from various people on this question, from the League of Minnesota Cities and elected officials from other cities and their staffs. She was surprised at the amount of negative feedback she received from them. The Council should really consider carefully if this would be the right thing to do for the City and if there are any other options. Some of the negative things she heard were that more Councilmembers mean less responsibility is taken by each member to be informed about issues, there is more cost to the city, and more staff time taken away from other work to take care of requests from Councilmembers. There is a concern that when there are more members they would start representing special interests in the city. Tyra-Lukens said she believed there would be some merit in looking at this issue. She proposed forming a citizens' group to look into this. At a time when the City is trying to reign in the cost of government, an election could wait until it is time for the regular election rather than holding a special election. A task force could look into whether there is a need for a change, the direct and indirect costs, and what the City would gain. They could also find out what the experience of other cities has been that have gone from five to seven members, and whether any have gone back from seven to five. They could also look at the question of Council compensation. Case said Council has not had a well-documented study of this yet, and he believed they were getting ahead of themselves. However, he believed it is time to reevaluate the City's structure. He has never heard anything from citizens about the size of the Council, but he has heard some issues about whether this is the best City structure. There should be a discussion about cities that have chosen to be Charter cities. He agreed with establishing a task force and said there are many II CITY COUNCIL MINUTES November 20,2001 Page 12 well-qualified citizens who can serve on it. The Council should have the establishment of.a task force as a Workshop topic in January or February, or have staff develop a charter for a task force for discussion by the Council Mayor Harris said a study by a task force to look into the pros and cons is a good idea. She asked staff to determine what the task force's mandate would be. After this study, the Council can decide whether or not it wants to expand the size of the Council. MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to bring to the Council, in January or February 2002, a charter for a task force to discuss the issue of increasing the size of the Council and candidates who might serve on it, along with a possible time table for reporting to the Council. Motion carried 5-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 2002/2003 Budget Update Uram said on December 4 a public hearing will be held by the City Council on the City's 2002/2003 Budget. Staff has identified two issues to discuss as part of the budget process. These are (1) the overall tax impacts and Levy Limits, and(2) Capital Improvements. In considering the City's property tax levy, one of the items the Council considers is the impact on the median value home. For 2002, the median value home is $230,600. For all taxing jurisdictions, the net tax on the median value home is expected to decrease from $3,686 to $2,816, or a reduction of 23.89 percent. The City's portion of the tax is expected to increase from $751 to $836, or 11.3 percent. The net tax on the median value home is only increased by$7. For all taxing jurisdictions, a decrease in the levy of$215,000 impacts the median value home by only two-tenths of one percent. At the September 18 CIP Workshop, the Council reviewed the 2002-2007 CIP. To fund capital projects through 2012, an annual revenue stream of /a CITY COUNCIL AIEN=S November 20,2001 Page 13 $1.2 million is necessary. This dedicated revenue source includes a transfer of$700,000 from the liquor enterprise and a $500,000 general fund levy. The current budget reflects a transfer of$1.1 million to the CIP. In addition to these projects, staff identified between $33 million and $44 million of unfunded capital projects. The recommendation to increase the levy was to begin to provide funding for these projects. Case said the Governor claims cities are taking advantage of taxes going down. He asked if other cities are trying to get money back through increasing the levy limits. Uram said approximately 50 percent of cities said they were going to levy the maximum amount and 50 percent of cities said they would levy less. Case asked if the Council will be looking at the unfunded capital projects. Uram said there are $33 million to $44 million of unfunded projects beyond what the City had provided money for. Those are significant costs to go back to the voters for a referendum. They include a water park, third sheet of ice, youth athletic fields, and a golf course. Case said the City has heard that people want them and the City could ask people to vote for them through a referendum. 2. Firefighters Relief Association Pension Benefit Plan Discussion Uram explained he has been working with the Board of Trustees over the past year regarding a pension increase. In 2000 the State Legislature changed the maximum pension cap, which would allow a pension increase of $4 per month per year for the next four years. Currently retired Eden Prairie fire fighters receive $40 per month per year of service. This amount has been in effect since 1998,when it was increased from $30 to $40. The Board of Trustees has been working on a pension plan that would incorporate a performance-based benefit increase into the Eden Prairie Fire Fighter Relief Association bylaws. The trustees expect to present this plan to the City Council early next year for review and approval. Prior to that, the trustees have requested the Council approve a pension increase from the current $40 to $44 starting on January 1, 2002. A formal request will be made to amend the bylaws at the December 18 City Council meeting. There will be no impact to the City budget because of this increase. Just using the rate of inflation over the past four years covers that$4 increase. 3. Sister City Program Uram showed a video about Daquikhing, a city in China that is a Sister City of Hennepin County. Staff has been working with Commissioner Johnson's office and Hennepin County to explore the possibility of Eden Prairie establishing a Sister City relationship with a city in China. Uram pointed out that at the time President Nixon went to China, he recognized China's importance in the future world economy. It is believed 13 CITY COUNCIL.MINUTES November 20,2001 Page 14 China's economy will be the largest in the world by 2030. As trading partners, the United States is third, behind Taiwan and Japan. This indicates what a great opportunity there is now to try to make a difference in what the future of Eden Prairie will be. With Commissioner Johnson's support and Mayor Harris's direction, Eden Prairie can establish a Sister City in China. It is a long-term process and may take two years to develop. Uram said he would like to proceed with doing that. Lisa Woo, the City's Information Technology Coordinator,was born and raised in China and is a good resource for the City. Butcher asked if there is a role for Habitat for Technology in establishing a Sister City. Uram said the growth Eden Prairie has come largely from technology. That organization was formed last year and could be a partner in this. Jim Smiley, one of the organizers, spoke to the Council in recent months about Habitat for Technology. Uram said he and Mr. Smiley are both on the Board of Directors. The group is geared toward everything that has to do with computers. With their connections, experience and knowledge,they bring a level of expertise to the Sister City program. Butcher said she supported this program, and it positions the City for the future. Tyra-Lukens said a cost to Eden Prairie would probably be the point person in this program,but it would be a greater cost not to get involved. Case said the Sister City program emphasizes partnerships where the cost can be spread across a number of organizations. Eden Prairie businesses will be the ones to benefit. Mayor Harris said Governor Ventura is going to China in June to talk about trade. The Sister City program will take a couple of years to put together. The cost cannot be projected at this time,but it will not be excessive. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY 1. Report on City/MAC Discussions Rosow said City staff has been engaged in discussions with MAC's staff regarding expansion of the Flying Cloud Airport, Ordinance 51 and related issues on and around the airport. !y CITY COUNCIL NfU UTES November 20,2001 Page 15 Two of the seven meetings that have been held were attended by Mayor Harris and Case and two commissioners from MAC. In addition, he met five times with staff from MAC involving all of their top people. The meetings have gone very well. They have been exploring a variety of options to amend Ordinance 51 that would keep in place the restrictions to protect the community. The City's goals are to: (1) Ensure the community is protected from adverse noise impacts; (2) Maintain the character of the airport as it currently is operating; therefore also maintaining the character of the community; (3) Ensure any agreement we enter into would be something that would contain elements that were enforceable by the City. Rosow said to date the discussions have been very fruitful. They have been trying to reach agreement on operations at the airport, adverse impacts to the community, and whether they are at a point where they can report back as to specifics. There are some very difficult issues to confront, specifically enforceability. In fact, there is a third player not taking part in the discussions, which is the FAA. Whatever the two sides do, they are aware of the fact the FAA has an important role to play in any restrictions on the airport, so that is a very difficult issue. The City has had wonderful cooperation from MAC's staff at the highest levels working on these issues. There has not been a situation where they have to ask someone else for a decision; they can make decisions right then. The City staff has been telling them there have been situations in the past arising from Ordinance 51, and they are trying to overcome those obstacles. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:50 p.m. 15 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List ffA-' Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Beth Ruppert(Dogs) 2002 Renewal Licenses Cigarette & Tobacco Products PDQ Food Stores, Inc. Bearpath Golf& Country Club Ltd Ptsp DBA: PDQ Store#215 DBA: Bearpath Golf& Country Club Phillips Petroleum Co. Bent Creek Golf Club, Inc. DBA: Eden Prairie 66 #27531 DBA: Bent Creek Golf Club Purple Star, Inc. Campiello,Inc. DBA: Green Mill of Eden Prairie DBA: Campiello Rainbow Food Group, Inc. Champps Entertainment, Inc. DBA: Rainbow Foods #048 DBA: Champps Americana Redstone American Grill, Inc. Driskill's Shorewood, Inc. DBA: Redstone American Grill DBA: ,Driskill's New Market Smokers' Haven, Inc. Hiawatha Marketing, Inc. DBA: Smokers' Haven DBA: Eden Prairie Grocery Snyder s Drug Stores, Inc. Hops of Minnesota, Ltd. DBA: Snyder Drug#5054 DBA: Hops Restaurant Bar &Brewery DBA: Snyder Drug#5087 Jerry's Enterprises, Inc. Speedway SuperAmerica, LLC DBA: Cub Foods DBA: SuperAmerica#4159 DBA: Jerry's Foods Eden Prairie DBA: SuperAmerica#4269 Leiserv, Inc. DBA: SuperAmerica 4441 DBA: Brunswick Eden Prairie Lanes TA,Inc. DBA: Watertower Brewing Co. DBA: Great Mandarin Luxus Corporation The W. Gordon Smith Co. DBA: Eagle Mobil DBA: Mobil Norseman Oil Co, Inc. Tom Thumb Food Markets, Inc. DBA: Mark's Aztec Amoco DBA: Tom Thumb#269 DBA: Mark's Hwy 5 Amoco DBA: Tom Thumb#275 DBA: Mark's Eden Prairie Amoco Twin Cities Stores,Inc. Olympic Hills Corporation DBA: Oasis Market#527 DBA: Olympic Hills Golf Club Twin Cities Avanti Stores, LLC DBA: Food n Fuel - 1 - City Council Agenda (12104101) Clerks License Application List Cigarette&Tobacco Products Continued Olympic Hills Corporation Wal-Mart Stores, Inc. DBA: Olympic Hills Golf Club DBA: Wal-Mart Store#1855 Outback/Midwest-II Ltd Walgreen Co. DBA: Outback Steakhouse DBA: Walgreens#2970 Pickled Parrot H, LLC DBA: Walgreens#05080 DBA: Pickled Parrot Youngstedts, Inc. Purple Star, Inc. DBA: Shady Oak Amoco DBA: Green Mill of Eden Prairie Youssef H. Tadros Redstone American Grill, Inc. DBA: Garden Court Gifts DBA: Redstone American Grill, Inc. Shady Oak Hospitality Ltd Ptsp On-Sale and Sunday Liquor DBA: Hilton Garden Inn Apple American Ltd Ptsp of MN Minneapolis/Eden Prairie DBA: Applebee's Neighborhood Grill/Bar Starmark Holdings, LLC Bearpath Golf&Country Club Ltd Ptsp of MN DBA: Stars Restaurant-Flagship DBA: Bearpath Golf& Country Club TA, Inc. Bent Creek Golf Club, Inc. DBA: Great Mandarin Restaurant DBA: Bent Creek Golf Club Timber Lodge Steakhouse, Inc. Biaggi's Ristorante Italiano, LLC DBA: Timber Lodge Steakhouse DBA: Biaggi's Ristorante Italiano Wildfire Eden Prairie, LLC BUCA Restaurants 2, Inc. DBA: Wildfire DBA: BUCA di BEPPO Campiello, Inc. On-Sale Wine with Strong Beer DBA: Campiello Cam Ranh Bay, Inc. Champps Operating Corporation DBA: Cam Ranh Bay Restaurant DBA: Champps Americana D'Amico &Sons, Inc. Chevy's Cuatro, LLC DBA: D'Amico & Sons DBA: Chevy's Fresh-Mex Detello's, Inc. Courtyard Management Corporation DBA: Detello's Pizza&Pasta DBA: Courtyard by Marriott Fuddruckers, Inc. Don Pablo's Operating Corporation DBA: Fuddruckers DBA: Don Pablo's Gemelli LLC On-Sale Club DBA: Woody's Shady Oak Grille Eden Prairie Lions Club, Inc. Girarrosto Toscano, Inc. DBA: Eden Prairie Lions DBA: Girarrosto Toscano Hops of Minnesota, Ltd 3.2 Beer On-Sale DBA: Hops Restaurant Bar&Brewery Davanni's,Inc. Kabuki, Inc. DBA: Davanni's Pizza&Hot Hoagies DBA: Kabuki Restaurant Lions Tap, Inc. LC Holding, Inc. DBA: Lions Tap DBA: Asia Grille Marriott International Leiserv, Inc. DBA: Residence Inn Eden Prairie DBA: Brunswick Eden Prairie Lanes DBA: Watertower Brewing Co. 2 City Council Agenda (12104101) Clerks License Application List 3.2 Beer Off-Sale Jerry's Enterprises,Inc. DBA: Cub Foods DBA: Jerry's Foods Eden Prairie Lions Tap, Inc. DBA: Lions Tap PDQ Food Group, Inc. DBA: PDQ Store#215 Rainbow Food Group, Inc. DBA: Rainbow Foods Speedway SuperAmerica, LLC DBA: SuperAmerica#4159 DBA: SuperAmerica#4269 DBA: SuperAmerica#4441 Tom Thumb Food Markets, Inc. DBA: Tom Thumb #269 DBA: Tom Thumb #275 Commercial Kennel Affiliated Emergency Veterinary Service,PLC Anderson Lakes Animal Hospital, P.A. Kingdale Kennels, Inc. 3 CITY COUNCIL AGENDA DATE: December 4, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Gray Fox Bluff Bt Engineering Services �' Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of Gray Fox Bluff Synopsis This proposal, located at 15598 Michele Lane consists of 47.03 acres to be divided into three lots. Lot 2 is the site of the existing Anderson Homestead and Lots 1 and 3 will be marketed for sale. Background Information The preliminary plat was approved by the City Council September 18, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on December 4, 2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$288.00 • Receipt of street lighting fee in the amount of$1,593.00 • Execution of Special Assessment Agreement for street 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 final plat, Developer shall submit an executed Conservation Easement for wetland and wetland buffer strip • Prior to release of final plat, Develop shall submit signed Roadway Easements for areas indicated on the plans for the termination of public roadways. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M1NNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF GRAY FOX BLUFF WHEREAS, the plat of Gray Fox Bluff 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 Gray Fox Bluff is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 4, 2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 4, 2001. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk - N \\ R NEIItI��N ` jt` 4 �J y Df/l Y'3iD 14,YD]r� 1 aas S.Z[][IM \\ +/{r as D an wm-♦\♦`` \ \\ ♦� 1ON,rim -, 'y\ \\`` / _}„tom{{- `' %• �•.i W b� \ / SYS.,LL CQ Lq all fAI cu I^ e I \r 1 'laS \ j`•\ I I lAg i`�\ j- ., 16 / k u{unavtp �'nxnow�' VVIN � I / 1 / � $ zul / a �r�tt•C,2`1� 1 �, • � ��Isi 112 if WO1z Ogg 3 CITY COUNCIL AGENDA DATE: December 4,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Bluffs East 17th Addition Engineering Services =.C Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Bluffs East 17th Addition. Synopsis This proposal is located at the southeast corner of Franlo Road and Pioneer Trail. The plat consists of 5.78 acres to be divided into seven outlots and right-of-way dedication for street purposes. The proposed project will have a total of 22 one-story townhomes. Background Information The preliminary plat was approved by the City Council August 7, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 4, 2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$288.00 • Receipt of street lighting fee in the amount of$584.00 • Receipt of street sign fee in the amount of$763.60 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat RS:ssa 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MEgNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLUFFS EAST 17M ADDITION WHEREAS, the plat of Bluffs East 17'h Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bluffs East 17th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 4,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 4,2001. Jean L.Hams,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk a t • �@ • , EMI E s4 I a ••„ i i x 9 ag: . = _ 5 7.Ci = �� 1It - • 5`o s « t- S PSI e a �� _ -• psi: 3;3 < a 21 �"�$oY 3s '_'`': .a: o v Sj 1. .' 113 1Fi$ zo r� an"� �� is o -o f �gi< $�n B:iE§ `€o •�� 7 �. ' ca1 // . r yr •xri.`oa 0 y o �' ;�k BI U • I i i 41t: d �•"y, Ky� F �` _B P°'k 8 h V i =� �i li •�r� 0'S xt'+roe k i=`.ea�it mn uuua - ;�j(� S `!A S /Ii:;:• / j'}a �{ 0 eru Lxs..aa utFim• w=`i j ).eft / !••.:' .y4 t:et � — — t,._`:.. ' �� ' oyt%r ,t •* a°'" QVog! .•0 07NTg.I .•'1LD1a�ti° a t .. / / R==11{'R'-IMY/If M1.NIV•••"•�\ � I ,hMW r�� Q N T /� •ti• � ti'^iia :i'1t• /Y��itii?ii'^.' �S: tea'^.'a j:a •�^••I` / CITY COUNCIL AGENDA DATE: 12-04-01 SECTION: CONSENT CALENDAR SERVICE AREA/DIVISION: ITEM DESCRIPTION: Resolution authorizing ITEM NO.: issuance and sale of up to $890,000 of Equipment Community Dev. and Financial Certificates Series 2002 to fund Aerial Ladder#2 Services—Don Uram and Mobile Command Post Requested Action: Move to: Adopt a resolution authorizing issuance and sale of up to $890,000 General Obligation Equipment Certificates of Indebtedness, Series 2002 for the purchase of Public Safety Vehicles. Synopsis: The City Capital Improvement Plan contains the projected replacement of a number of Public Safety vehicles. Aerial Ladder#2 and the Public Safety Mobile Command Post are scheduled to be replaced at this time. The total replacement cost of these two vehicles is $890,000. Background Information: See bid awards for Aerial Ladder#2 and Mobile Command Post for detail. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the Issuer), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the Issuer to authorize the issuance and sale of$890,000 General Obligation Equipment Certificates of Indebtedness (the Obligations) of the Issuer to finance the costs of acquiring items of capital equipment(the Project). Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the Issuer. . Section 2. Authorization. It is hereby determined to be in the best interests of the Issuer to issue the Obligations,pursuant to Minnesota Statutes, Section 412.301 and Chapter 475 to finance the costs of acquiring the Project. The City Finance Director is hereby authorized and directed to solicit one or more proposals for the purchase of the Obligations, and to present such proposal or proposals to this Council at a subsequent Council meeting for approval. The Finance Director is authorized, if he deems it necessary,to retain the Issuer's financial consultant to assist in the solicitation of the proposals. The actions of the Issuer's staff in making an anticipatory levy for the Obligations for collection in 2002 are hereby approved, ratified and confirmed. ADOPTED by the Eden Prairie City Council this 4th day of December, 2001. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: 12-04-01 SECTION: CONSENT CALENDAR SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jim Clark,Public Safety Award Bid for Mid Mount Aerial Platform Truck Requested Action: Move to: Award bid for the purchase of one(1)new Mid Mount Aerial Platform fire truck to E-One Manufacturing in the amount of$648,950 (base bid)plus listed add alternates for a total of$663,950. Synopsis: This item was budgeted for under the CIP program for this year with a projected cost of $680,000. This vehicle is a replacement for current truck"Ladder#2" a 1979 model. Background Information: A vehicle specification was developed by fire department personnel and fleet services staff jointly. Sealed bids were advertised for with an opening date of October 29, 2001 at 2:OOPM. Bids were received from five (5) qualified suppliers. Upon review by fire department staff it was determined that the lowest bid represented a vehicle that met the intent of the specification and should be awarded to E-One. It is anticipated that the current truck, Ladder 2 will be worth$50,000 in trade or outright sale, depending on market conditions for used fire apparatus at the time. Attachments: Bid Summary Ladder 2 Replacement Bid Analysis October 29, 2001 Manufacturer 5% Bid Bond Base Bid Alternate Demo Unit Bid Pierce Yes $678,499 $657,500 American LaFrance Yes $706,937 $675,098 E-One Yes $648,950 $675,500 Sutphen Yes $679,512 $674,557 KME Yes $666,700 No Bid Add Alternates for E-One Foam System $13,500 Cabinet Coating $1,500 (est) $15,000 Note: Additional amount would be applied to each bid. CITY COUNCIL AGENDA DATE: 12-04-01 SECTION: CONSENT CALENDAR SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Safety/Police ITEM NO.: Gary Therkelsen Authorize Purchae of Mobile Communications Command Post Replacement F, Requested Action: Move To: Authorize purchase of a Mobile Communications Command Post from Lynch Diversified Vehicles in the amount of$218,388.00. Synopsis The existing mobile communications command post is 27 years old,has been retrofitted twice and has exceeded its useful life cycle. It is not possible to cost effectively overhaul the existing vehicle. Replacement of this Public Safety vehicle is included in the'Capital Improvement Plan. Background The mobile communications command post is a completely self-contained facility that also serves as a back up or supplemental 9-1-1 emergency communications center. The existing vehicle has been used extensively at major incidents and crime scenes to include fires, plane crashes, major motor vehicle crashes. It is also used at planned non-emergency events such as Safety Camp, athletic events, and civic festivals such as the 4th of July and Corn Feed where an organized public safety presence is desired or required. The replacement vehicle will provide the full spectrum of public safety communications support as well as a facility for supervisory and command staff to monitor events and conduct planning. The budgetary Capital Improvement Program estimate for this purchase was $200,000, ($75,000 for the vehicle chassis and$125,000 for the body and electronic equipment.) This purchase is approved for procurement pursuant to the State and Local Law Enforcement Procurement Program on an existing General Services Administration(GSA) contract. DEPARTMENT OF MILITARY AFF OFIY � M NNESOTA ARMY AND AIR NATIONAL GUARD ........... OFFICE OF THE ADJUTANT GENERAL VETERANS SERVICE BUILDING gg STATE OF 1VIINNESOTA B 20 WEST 12TH STREET ST.PAUL,MINNESOTA 55155-2098 ........... 5 November 2001 MEMORANDUM FOR WHOME IT MAY CONCERN SUBJECT: Vehicle Purchase Approval 1. As the State of Minnesota's, State Point of Contact(SPOC)I approve of the purchase of a Command Center vehicle for the Eden Prairie,MN Police Department. This vehicle will be purchased from LDV in Burlington, ` TI. 2. Furthermore, as per General Services Administration direction, I certify that "this order is placed pursuant to the State and Local Law Enforcement Equipment Procurement Program (1122 Program) in support of Counter-drug activities, under the authority of the SPOC for the State of MN". 3. Please direct any questions to the undersigned phone(651)282-4147. TERRANCE A. SIEBEN, Lt Col,MN ANG State Counterdrug Coordinator CITY COUNCIL AGENDA DATE: 12/04/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Purgatory Creek Estates 2nd Addition -Extension Scott A. Kipp of Developer's Agreement Requested Action Move to: • Adopt the Resolution granting a 24-month extension to Developer's Agreement between Post Construction Company and the City of Eden Prairie. Synopsis Post Construction Company requests an extension to its Developer's Agreement, which expires January 20, 2002. The Developer has not established a construction date for the installation of streets and utilities for the project. The property is located at 12420 Sunnybrook Road. Background Information Post Construction Company received City Council approval for Purgatory Creek Estates 2nd Addition for 7 single-family lots more fully described in a Developer's Agreement dated January 18, 2000. A condition of the Developer's Agreement states that if the project does not proceed within 24 months of the date of approval, the Developer would not object to City Council action to revoke the approvals granted, thus restoring the property to the status prior to the project approval. The Developer indicates that the timing for construction of the streets and utilities will not take place prior to January 20, 2002,the end of the 24 months required in the Developer's Agreement. Attachments 1. Resolution to extend Developer's Agreement 2. Letter from Post Construction Company dated October 9, 2001 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT FOR PURGATORY CREEK ESTATES 2ND ADDITION BY POST CONSTRUCTION COMPANY WHEREAS, Post Construction Company has received City Council approval for Purgatory Creek Estates 2nd Addition for 7 single-family lots located at 12420 Sunnybrook Road, more fully described in a Developer's Agreement dated January 18, 2000; and WHEREAS, a condition of said Developer's Agreement states that if Developer does not proceed with the project within twenty-four (24) months of the date of Agreement, Developer would not oppose City Council action to revoke the approval action, thus restoring the status of the property before the project was approved; and WHEREAS,the twenty-four(24)month period ends on January 20,2002; and WHEREAS, Developer has not proceeded with the Agreement at this time, and has requested approval of an extension to the Developer's Agreement for an additional twenty-four (24)month period; and WHEREAS, the City Council has reviewed said extension request at its December 4, 2001 meeting; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby grants the extension of the Developer's Agreement for an additional twenty-four(24)month period, ending January 20, 2004. ADOPTED by the City Council of the City of Eden Prairie this 4th day of December, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Post Construction Company Designers and Builders of Fine Custom Homes. October 9, 2001 City of Eden Prairie City Council Members and staff 8080 Mitchell Rd Eden Prairie, MN 55344 RE - (Purgatory Creek Estates 2nd) - 12420 Sunny Brook Rd, Eden Prairie Extension of Developers Agreement Dear Council, This letter is a request to extend the approval of the developers agreement granted on Jan 18, 2000, which is to expire on Jan 20, 2002. Since we have not established a construction date for the installation of the street and utilities, I am requesting an extension of this approval. Thank you for this consideration. Sincerely, John Brian Post Enc. Map 8351 West 100`t' St. Bloomington , MN 55438 952 941-7980 Fax 952--942-9138 3 CITY COUNCIL AGENDA DATE: 12/04/01 SECTION: Consent Agenda SERVICE AREAIDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Gray Fox Bluff ' Scott A.Kipp Requested Action Move to: • Approve the Developer's Agreement for Gray Fox Bluff Synopsis This project is a preliminary plat into three lots located at 15598 Michele Lane. Attachments 1. Developer's Agreement DEVELOPER'S AGREEMENT GRAY FOX BLUFF THIS AGREEMENT is entered into as of December 4, 2001, by Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Preliminary Plat of 47.03 acres into three lots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2001-145 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 6, 2001, reviewed and approved by the City Council on September 18, 2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. The Plans plat the Property into three(3) lots (hereinafter referred to individually as a"Lot") 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 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 D indemnify because of any inspection,review or approval by City. 5. BUILDING PERMIT ISSUANCE OR FUTURE DEVELOPMENT: Developer acknowledges that the City has approved the preliminary plat only, as depicted in the Plans. Prior to any building permit, development or construction on any lot on the Property, as depicted in the Plans,Developer shall be required to submit detailed development plans,and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Community Planning Board and City Council, including a Developer's Agreement particular to such lot, which shall replace in its entirety this Agreement as to such lot. 6. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING WETLANDS ON THE PROPERTY: Prior to release of the final plat for the Property, Developer shall submit an executed Conservation Easement, in the form and substance as attached in Exhibit D, for review, written approval, and recording by the City's Environmental Coordinator, for the wetlands and wetland buffer strip areas delineated on the Plans. Prior to release of the final plat for the Property, Developer shall install all wetland buffer strip monuments for the Property, or furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a bond guaranteeing the installation of said monuments equal to the cost for and installation of said monuments, as required by City Code. Wetland buffer strip monument locations shall be shown on a final plan for review and written approval by the City's Environmental Coordinator. Removal of the wetland buffer strip monuments is prohibited. 7. ROADWAY EASEMENTS: Prior to release of the final plat for the Property,Developer shall submit signed Roadway Easements for the areas indicated on the Plans for the termination of the following public roadways: Michele Lane,Alpine Trail and Center Drive. After each cul-de-sac has been constructed,Developer may petition the City for vacation of excess easement area and the City Council will hold a public hearing to consider the vacation. The cost of preparing the vacation documents will be at the Developer's expense. 8. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, Developer agrees to sign an assessment agreement, in the form and substance as attached in Exhibit E for the construction of permanent cul-de-sacs for Michele Lane,Alpine Trail and Center Drive. The agreement provides for the removal of existing temporary cul- de-sacs and replacement of permanent streets on Alpine Trail and Center Drive as well as construction of the permanent cul-de-sacs,including street, curb and gutter and storm sewer on the Property. The City may proceed with the construction of the Improvements on or after a building permit for the lot adjacent to the street cul-de-sac has been approved by City Council in accordance with this Agreement. The Owners hereby provide to the City a Right of Entry onto the Property for construction of the Improvements and agree to provide temporary 3 construction easements for the Improvements consistent with the preliminary plat for Gray Fox Bluff as required for the Improvements, all without compensation. In the event that a Lot served by a specific cu-de-sac is approved by the City for fiuther development or subdivision and for which an alternate roadway design(with proper financial security in place)is approved,the City may consent to the release of the Special Assessment Agreement against that particular Lot,in a proportionate amount of the estimated cost shown in Paragraph 2 as determined by the City Engineer. 9. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the Developer, their heirs, successors and assigns. 1 CITY COUNCIL AGENDA DATE:December 4 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Birch Island Woods ITEM NO: Parks and Recreation Purchase Agreement Robert A.Lambert Director ! Requested Action Move to: Approve the purchase agreement of approximately 28.625 acres referred to as Track A of Birch Island Woods for $600,000 to be paid over a five year time period. Synopsis The City of Eden Prairie and Hennepin County have agreed to a purchase price for this property based on an appraisal contracted by both parties in January of 2001. Funding for the purchase of this property will be dedicated from cash park fees. Background The City has failed to obtain matching fund grants for the purchase of this property due to the fact that the Legislative Commission on Minnesota Resources does not wish to provide State funds for one governmental agency to purchase land from another governmental agency; therefore, the only alternative to protect this site from development is for the City to acquire the parcel with park dedication fees. The County has agreed to sell the property at the appraised value of$600,060 on a five year contract for deed at an interest rate based on the prime rate on the day of closing. City staff have reviewed the purchase agreement and recommend approval as per the attached agreement. BL:mdd PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is entered into this day of , 2001 (the "Effective Date") by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, with an address of A 2303 Government Center, 300 South Sixth Street, Minneapolis, MN 55487 (the "Seller") and the CITY OF EDEN PRAIRIE, a political subdivision of the State of Minnesota, with an address of 8080 Mitchell Road, Eden Prairie, MN 55344 (the "Buyer"). This Agreement sometimes refers to Seller and Buyer individually as a "Party" and collectively as the"Parties." RECITALS WHEREAS, Seller is the owner of 28.62 acres of real property known by the Parties as Parcel A. which is legally described on the attached Exhibit A, and located in the City of Eden Prairie, Hennepin County,Minnesota(the"Property"); and WHEREAS, Buyer desires to purchase the Property for park purposes; and WHEREAS, Seller is willing to sell the Property to Buyer for public use in accordance with Minnesota Statutes Section 465.035, and subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual promises made herein, the Parties agree as follows: 1. Pro e . The term "Property" as used in this Agreement refers to the real property legally described in Exhibit A, and shall include all hereditaments and appurtenances to the Property. 2. Purchase and Sale. Seller agrees to sell the Property to Buyer pursuant to the terms of this Agreement, and Buyer agrees to purchase the Property from Seller pursuant to the terms of this Agreement. This sale is contingent upon Buyer, prior to Closing, taking all actions necessary to split the Property from adjacent properties owned by Seller, known by the Parties as Parcels B, D and E, in order to facilitate the conveyance of Parcel A between the Parties and the future sale of parcel B by Seller and the reservation of ownership of Parcels D and E by Seller. 3. Purchase Price. The total purchase price to be paid by Buyer for the purchase of the Property is Six Hundred Thousand and 00/100 Dollars ($600,000.00) (the "Purchase Price"). Buyer shall pay the Purchase Price as follows: (a) At the Closing, Buyer shall pay to Seller a Down Payment of$100,000.00 in cash, certified check or cashier's check; (b) The balance of the Purchase Price shall be paid on a Contract for Deed in the form of Exhibit B attached hereto,which requires five annual principal D- payments of$100,000.00 each, and annual payments based on a variable prime rate of interest capped at the initial interest rate set on the date of Closing. 4. Conveyance Terms. Upon Buyer's full performance of the Contract for Deed, Seller shall execute and deliver to Buyer a Quit Claim Deed (the "Deed") conveying fee title to the Property to Buyer subject to a reservation of mineral rights by Seller in accordance with Minnesota Statutes Section 373.01, subd. 1. 5. Possession. Seller shall deliver possession of the Property to Buyer at Closing. 6. Due Diligence Period. 6.1 Buyer's Investigation. During the period commencing on the Effective Date and ending on the 60a' day thereafter (the "Due Diligence Period"), Buyer may make such investigation and evaluation of the Property as it deems appropriate. 6.2 Access and Investigation. Seller shall immediately following the Effective Date allow Buyer and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or,occurring during Buyer's testing and return the Property to substantially the same condition as existed prior to such entry. 6.3 Environmental Reports. Buyer shall have approved, in Buyer's sole discretion, a Phase II Environmental Report to be prepared with regard to the Real Property by an environmental consultant reasonably acceptable to Buyer. Seller shall cause the Environmental Report to be prepared at Seller's cost and expense. The Environmental Report shall be delivered to Buyer within thirty(30) days after the Effective Date. 6.4 Testing. Buyer shall have determined, on or before the expiration of the Due Diligence Period, that it is satisfied with the results of and matters disclosed by the Phase II and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. 6.5 Right of Termination. If Buyer is not satisfied with the results of its investigation and evaluation of the Property, in Buyer's sole discretion, Buyer may, prior to the end of the Due Diligence Period, terminate this Agreement by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the expiration of the Due Diligence Period. Upon such termination (a) Buyer and Seller shall 3 execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, and thereafter neither parry will have any further rights or obligations regarding this Agreement or the Real Property. If Buyer does not terminate this Agreement as provided in this Section 6.5 by the expiration of the Due Diligence Period, Buyer's right of termination pursuant to this Section 6.5 shall be deemed waived and the parties shall proceed to consummate the Closing subject to the terms and conditions hereof. 7. Closing. The closing of the transaction contemplated by this Agreement (the "Closing") shall occur at Hennepin County Department of Transit & Community Works, 417 North Fifth Street, Suite 320, Minneapolis, Minnesota, or at such other place agreed upon by the Parties, on December 20, 2001, or on such other date as may be agreed upon by the Parties. (a) At Closing, Seller shall: (i) Execute the Contract for Deed; (ii) Execute and deliver to Buyer an affidavit evidencing the absence of bankruptcies, judgments affecting the Property, or tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the Property, unrecorded interests affecting the Property, persons in possession of the Property and known encroachments or boundary line questions affecting the Property. (iii) Execute and deliver to Buyer, a completed Minnesota Well Disclosure Certificate or include on the Deed the statement "The- Seller certifies that the Seller does not know of any wells on the described real property;" (iv) Execute and deliver to Buyer any other document that is reasonably requested of Seller; (v) Execute a Bring-down Certificate; (vi) Execute a Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099; (vii) If the Property contains or contained a storage tank, execute an affidavit with respect thereto, as required by Minn. Stat. §116.48; and (b) At Closing,Buyer shall: (i) Tender the Down Payment to Seller pursuant to the provisions of Section 3 above; y (ii) Execute the Contract for Deed; (iii) Execute and deliver to Seller the Contract for Deed any other document that is reasonably requested of Buyer; (iv) Record and pay for recording the Contract for Deed; and (v) Execute a Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099. 8. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 8.1 Deed Tax. Seller shall pay all state deed tax regarding the Quit Claim Deed to be delivered by Seller under this Agreement. 8.2 Real Estate Taxes and Special Assessments. The Parties shall pay the real estate taxes and special assessments as follows: (a) At or before the Closing, Seller shall pay all real estate taxes due and payable with respect to the Property as of the date of Closing; (b) At or before the Closing, Seller shall pay all special assessments levied or pending against the Property as of the date of Closing; (c) Buyer shall pay all real estate taxes due and payable following the date of Closing; (d) Buyer shall pay all special assessments levied or pending against the Property following the date of Closing. 8.3 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted and requested by Buyer in this Agreement, and Buyer shall pay the cost of recording all other documents. 8.4 Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller will pay that part of such other operating costs payable before the Closing Date, and Buyer will pay that part of such operating costs payable from and after the Closing Date. 8.5 Title Insurance and Closing Fee. Buyer will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Buyer's objections. Buyer will pay the cost of the Owner's Title Policy issued as is currently available. Buyer will pay all the closing fees or charges imposed by any closing agent designated by the Title Company. 8.6 Survey. Buyer shall pay for any survey it undertakes. 5 9. Title Examination. Title examination will be conducted as follows: 9.1 Title Evidence. Buyer shall within 20 days after the Effective Date, obtain at Buyer's cost and expense the following (collectively"Title Evidence"): 9.1.1 Title Insurance Commitment. A commitment ("Title Commitment")for an ALTA Form B 1992 Owner's Policy of Title Insurance insuring title to the Real Property, in the amount of the Purchase Price, issued by Title. The Title Commitment will commit Title to insure title to the Property. 9.1.2 Survey. A survey prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota. The Survey shall show the Real Property and the location of all buildings, improvements and easements located on the Real Property and shall be prepared as required by Title in order to allow Title to issue an owner's policy of title insurance with regard tb the Real Property without any exception for survey matters. 9.2 Buyer's Objections. Within 20 days after receiving the last of the Title Evidence, Buyer shall make written title objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" pursuant to this Agreement. Seller will have 60 days after receipt of the Objections to cure the Objections during which period the Closing will be postponed if necessary. If the Objections are not cured within such 60 days period, Buyer will have the option of only the following two remedies: 9.2.1 Termination. Terminate this Agreement. 9.2.2 Waiver. Waive the Objections and proceed to close in which case the Closing shall take place as stated in Section 7. 10. Operation Prior to Closing. From the date hereof to the Closing Date the Seller shall maintain the Property in a good condition not less than that in which the property existed on the date of this Agreement. 11. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 11.1 Title to Real Property. Seller holds fee title to the Real Property. 11.2 Environmental Laws. Except as to matters disclosed in the environmental reports furnished by Seller to Buyer to the best of Seller's knowledge, Seller has no actual knowledge of (i) the presence of any Hazardous Substances on, in or under the Property; or (ii) any spills, releases, discharges or disposal of Hazardous Substances that have occurred or are presently occurring on the Property. To the best of Seller's knowledge Seller represents that, as of the date of this Agreement, it has no actual knowledge of any failure to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport or disposal of any Hazardous Substances on or adjacent to the Property. 11.2.3 Definitions. "Environmental Law" means the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §9601 et seq., the Federal Water Pollution Control Act, 33 U.S.C. §1201 et seq., the Clean Water Act, 33 U.S.C. §1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq.,the Toxic-Substances Control Act, 33 U.S.C. §1251 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law or ordinance dealing with the protection of human health, safety, natural resources or the environment now existing and hereafter enacted; and "Hazardous Substance" means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law. "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney's fees, consultant's fees, costs, remedial action costs, cleanup costs and expenses which may be related to any claims). 11.3 Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property which have not been terminated, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. 11.4 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind affecting the Property pending or to the best knowledge of Seller. 11.5 Storage Tanks. No above ground storage tanks are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. 11.6 Wells. The Seller certifies and warrants that the Seller does not know of any"wells" on the Property within the meaning of Minn. Stat. §103I. 12. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within fifteen (15) days after the date of Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made. in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent unless Buyer has failed to do so within fifteen(15) days after notice from Seller as provided above. 13. Notices. All notices provided for in this Agreement shall be in writing. The notice shall be effective two (2) business days after the date the Party sending such notice deposits the notice with the United States Postal Service with all necessary postage paid, for delivery to the other Party via first class mail, at the address set forth in below, or on the date of faxing provided a copy of the same is deposited in the mail on the date of faxing as requested hereby. Buyer: Seller: Bob Lambert County Administrator Parks&Recreation Services A 2303 Government Center City of Eden Prairie 300 South Sixth Street 8080 Mitchell Road Minneapolis, MN 55487 Eden Prairie,MN 55344 Copy to: Richard F. Rosow,Esq. Hennepin County Leasing Lang, Pauly, Gregerson And Land Management &Rosow,Ltd. Dept. of Transit& Community Works 1600 Park Building 417 North Fifth Street, Suite 320 650 Third Avenue South Minneapolis, MN 55401 Minneapolis,MN 55402-4337 14. Entry on Land by Buyer. Upon 24 hour notice to Seller, Buyer may hereafter enter on and inspect the Land for purposes consistent with its interest under this Agreement. Buyer hereby indemnifies and agrees to defend and hold Seller forever harmless from and against any and all claims, actions, loss, damage, cost and expense (including without limitation attorneys' fees) asserted against, or suffered, incurred or paid by, Seller resulting from or in connection with any such entry or inspection, including but not limited to any injury or damage to, or caused by, the persons conducting such entry or inspection, and any mechanic's liens asserted by any persons supplying services or materials at Buyer's request or on its behalf, whether or not entry is made on the Land in connection therewith. The indemnity provisions of this Section shall survive the closing and any expiration or termination of this Agreement. 15. Seller's Representations and Warranties. Seller makes no representations or warranties regarding the Property except as expressly provided herein. 16. Buyer's Representations and Warranties. Buyer hereby represents and warrants to Seller, which representation and warranty shall survive the Closing that the individual executing this Agreement on behalf of Buyer has the legal authority and `the legal capacity to execute this Agreement on behalf of Buyer and to bind Buyer and that Buyer has the full and complete authority to enter into this Agreement and to purchase the Property. 17. Time. Time is of the essence for all provisions of this Agreement. 18. Survival of Terms. The Parties' obligations under this Agreement and the representations and warranties which the Parties have recited in this Agreement shall survive Seller's delivery of the Deed to Buyer and the closing of this transaction, subject only to the specific limitations set forth in this Agreement. 19. Full Agreement. The Parties acknowledge that this Agreement represents the full and complete agreement of the Parties relating to the purchase and sale of the Property and all matters related to the purchase and sale of the Property. This Agreement supersedes and replaces any prior agreements, either oral or written, and any agreements or modifications to this Agreement must be in writing and executed by both Parties to be effective. 20. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. 21. Brokers. Each Party represents to the other that it has not retained any broker or agent to represent it in this transaction. Each Party warrants that it shall indemnify the other for any claims, demands, causes of action and costs and reasonable attorneys fees arising from any broker or agent claiming a commission or fee with respect to this'transaction. 22. Assignment. Neither Party may assign its interest under this Agreement without the proper written consent of the other. 23. Counterparts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. 9 24. Third Party Beneficiary. There are no third party beneficiaries of this Agreement, intended or otherwise. 25. No Joint Venture, Partnership. Seller and Buyer, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered joint venturers or partners. Buyer shall indemnify and defend Seller from any and all loss, liability, claim or damage resulting from Seller being deemed a joint venturer or partner of Buyer. Seller shall indemnify and defend Buyer from any and all loss, liability, claim or damage resulting from Buyer being deemed a joint venturer or partner of Seller. 26. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27. Captions. The Section headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 28. Binding; Effect. This Agreement binds and benefits the parties and their successors and assigns. SELLER: County of Hennepin Approved as to form and execution: By: Its: Chair of its County Board By: Assistant County Attorney By: Its: Assistant/Deputy/County Administrator Attest: Deputy/Clerk of County Board BUYER City of Eden Prairie By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2001, by , the Chair of its County Board and by the Assistant/Deputy/County Administrator of Hennepin County, Minnesota, a Minnesota , on behalf of the Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by Jean L. Harris and Chris Enger, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public EPSirch Island WoodsTurchase AgreementDra8.111601 II E3CMrr A 1 • c alq& o aka 1 va lTiDo}1OE) US(E) p s Cd CA CL a- Q 3 � gmAW � obi o `� m tv� ec�a� � � � • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Financial Services Director/ RESOLUTION AUTHORIZING CALL OF Donald Uram CERTAIN OUTSTANDING G.O. WATER AND Y1, SEWER REVENUE BONDS Requested Action Move to: Adopt Resolution Authorizing Call of Certain Outstanding General Obligation Water and Sewer Revenue Bonds Series 1991C and 1991F Synopsis The Series 1991C and the Series 1991F Bonds maturing in the year 2003 are subject to prepayment at a price equal to the principal amount and accrued interest to the date of redemption. Issue Year Principal Amount Interest Rate 1991C 2003 $2,125,000 6.30% 1991F 2003 $ 315,000 6.10% With coupon payments in excess of 6%, it is prudent for the City to prepay the bonds saving over $150,000 in interest payments. The next call date is February 1,2002. Sufficient funds exist in the Utility Enterprise Debt Service Funds to prepay the bonds. Attachments • Exhibit A - Notice of Redemption ($9,500,000 G.O. Water and Sewer Revenue Bonds, Series 1991C) • Exhibit A - Notice of Redemption ($3,125,000 G.O. Water and Sewer Revenue Refunding Bonds, Series 1991F) • Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION 2001- RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the Council), as follows: Section 1. The City has issued bonds as follows: Aggregate Principal Issue Original Principal Amount Outstanding $9,500,000 General Obligation Water and Sewer Revenue $2,125,000 Bonds, Series 1991C (the Series 1991C Bonds) dated September 1, 1991 $3,125,000 General Obligation Water and Sewer Revenue $ 315,000 Refunding Bonds, Series 1991F (the Series 1991F Bonds) dated October 1, 1991 Section 2. The Series 1991C and the Series 1991F Bonds maturing in the year 2003 are subject to prepayment at a price equal to the principal amount and accrued interest to the date of redemption upon notice of call for redemption thereof mailed not less than 30 days before the date specified for redemption to the bank at which principal and interest are payable and to the holder of each bond, if known. Section 3. This Council has determined that there exits sufficient moneys in the General Obligation Water and Sewer Revenue Bond, Series 1991C Debt Service Fund established by Resolution No. 91-196 duly adopted by the Council on August 20, 1991, to prepay$2,125,000 aggregate principal amount of the Series 1991C Bonds maturing in the year 2003. Section 4. The Council has determined that there exists sufficient moneys in the Water and Sewer Revenue Refunding Bond, Series 1991F Sinking Fund established by Resolution No. 91-216 duly adopted by the Council on September 17, 1991 to prepay$315,000 aggregate principal amount of the Series 1991F Bonds maturing in the year 2003. Section 5. The City Finance Director is authorized and directed to determine a date on which the Series 1991C and Series 1991F Bonds can be called, and to cause Wells Fargo Bank Minnesota,National Association(formerly known as Norwest Bank Minnesota,National Association), in Minneapolis,Minnesota,the bank at which principal and interest on the Series 1991C and Series 1991F Bonds are payable,to cause the Notices of Redemption attached hereto as Exhibit A to be mailed in accordance with Section 2. LL Section 6. No further action shall be required of the Council to complete the prepayment of the Series 1991C and Series 1991F Bonds. ADOPTED by the City Council of the City of Eden Prairie this 4tn day of December, 2001. By: Dr. Jean L. Harris,Mayor ATTEST: By: Kathleen Porta, City Clerk 3 EXHIBIT A NOTICE OF REDEMPTION $9,500,000 General Obligation Water and Sewer Revenue Bonds, Series 1991C Dated: September 1, 1991 City of Eden Prairie,Hennepin County,Minnesota Notice is hereby given that all Bonds of the above issue which mature on February 1 in the following years and amounts: CUSIP Year Principal Amount Interest Rate Number* 2003 $2,125,000 6.30% are called for redemption and prepayment on February 1, 2002. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A form W-9,Payer's Request for Taxpayer Identification Number, must be completed and returned with the called bond or 31% of the bond redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after February 1, 2002,by submitting said bond along with the completed form W-9 to Wells Fargo Bank Minnesota,National Association(as successor Paying Agent to Norwest Bank Minnesota, National Association) at the following address: By Mail or Courier Service: By Registered or Certified Mail: In Person,By Hand: Wells Fargo Bank Minnesota,N.A. Wells Fargo Bank Minnesota,N.A. Corporate Trust Services Corporate Trust Operations Corporate Trust Operations 12''Floor,Northstar East Bldg. 6fl'Street&Marquette Avenue P.O.Box 1517 608 Second Avenue South Minneapolis,MN 55479-0069 Minneapolis,MN 55480-1517 Minneapolis,MN 55402 If you request payment of principal and/or interest via wire transfer,please be advised there is a wire transfer fee which will be deducted from your payment. Dated: BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE,MINNESOTA Kathleen Porta, City Clerk *The Registrar shall not be responsible for the selection or use of the CUSIP numbers,nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. Denotes full call of CUSIP. �1 EXHIBIT A NOTICE OF REDEMPTION $3,125,000 General Obligation Water and Sewer Revenue Refunding Bonds, Series 1991F Dated: October 1, 1991 City of Eden Prairie,Hennepin County, Minnesota Notice is hereby given that the Bonds of the above issue which mature on February 1 in the following years and amounts: Year Principal, Interest Rate CUSIP Number* 2003 $315,000 6.10% are called for redemption and prepayment on February 1,2002. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A form W-9, Payer's Request for Taxpayer Identification Number,must be completed and returned with the called bond or 3 1%of the bond redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after February 1, 2002,by submitting said bond along with the completed form W-9 to Wells Fargo Bank Minnesota,National Association(as successor Paying Agent to Norwest Bank Minnesota,National Association) at the following address: By Mail or Courier Service: By Registered or Certified Mail: In Person,By Hand: Wells Fargo Bank Minnesota,N.A. Wells Fargo Bank Minnesota,N.A. Corporate Trust Services Corporate Trust Operations Corporate Trust Operations 12`"Floor,Northstar East Bldg. 6"'Street&Marquette Avenue P.O.Box 1517 608 Second Avenue South Minneapolis,MN 55479-0069 Minneapolis,MN 55480-1517 Minneapolis,MN 55402 If you request payment of principal and/or interest via wire transfers,please be advised there is a wire transfer fee which will be deducted from your payment. Dated: BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE, MINNESOTA Kathleen Porta, City Clerk *The Registrar shall not be responsible for the selection or use of the CUSIP numbers,nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. Denotes full call of CUSIP. �l s CITY COUNCIL AGENDA DATE: December 4,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5543 ITEM NO.: Engineering Services Approve Amendment to Professional Services V Randy Newton Agreement with SEH for the TH 212/Valley I� Eugene A.Dietz View Road Interchange Area Improvements. Requested Action Move to: Approve amendment to Professional Services Agreement with SEH, Inc. for the layout development and preliminary design of the TH 212 /Valley View Road Interchange Area Improvements. Synopsis At the June 19, 2001 meeting, City Council approved the Professional Services Agreement with SEH for the layout development and preliminary design of the TH 212 / Valley View Road Interchange Area Improvements. Due to the difficulty of defining a preferred layout and the extra work City staff requested for traffic simulation and wetland surveys a budget amendment to the Professional Services Agreement is requested. Background Information The TH 212 / Valley View Road Interchange Area Improvement Project is a cooperative project with Mn/DOT that includes double left turn lanes from Bryant Lake Drive to Valley View Road, a trail that will connect Valley View Road to Bryant Lake Park and replacement of the watermain that has been a continuing maintenance problem. Since the original Professional Services Agreement was approved in June, city staff has been working with SEH,Mn/DOT, and Hennepin County on the development of a preferred layout for the interchange area improvements. Also, in October, City staff submitted the project to Mn/DOT for the FY 2003 Municipal Agreement Program. The next step in the process is to obtain Mn/DOT approval of the preferred layout before preceding with the final design of the project. Financial Implications The approved Professional Services Agreement for the TH 212 / Valley View Road / Bryant Lake Drive project is for $22,454. The amendment is for an additional $20,929 for a total of $43,383. The extra work includes $11,600 for the extra tasks of Traffic Simulation and Wetland Surveys and $9,329 to complete the layout development and preliminary design elements of the I project(25% of final design). Once this work is completed a separate agreement will be needed for the final design of the project. Although not defined, it is anticipated that the final design work will be approximately$75,000 The preliminary construction cost estimate for the TH 212/Valley View Road Interchange Area Improvements is$1,350,000. At this time,the proposed funding for the project, including design and construction administration,is as follows: • Trail ($175,000) — this project is jointly funded through a $50,000 Department of Natural Resources (DNR) grant and through the trail improvement section of the City CIP as currently approved. • Watermain ($75,000) — the replacement of the watermain would be an operation and maintenance expense from the City Utility Enterprise Fund budget. • Roadway ($1,100,000) — Mn/DOT has indicated that $400,000 of state funds are available for this project. The submittal to the Municipal Agreement Program is requesting an additional$500,000. The remaining costs ($200,000)would be the responsibly of the City of Eden Prairie and Hennepin County. It is anticipated that the City costs would come from the existing Major Center Area Improvement Fund. • Design($125,000) - as stated in the Memorandum of Understanding the City of Eden Prairie will be responsible for this aspect of the project. • Construction Administration- as stated in the Memorandum of Understanding Mn/DOT will be responsible for this aspect of the project. Attachments Professional Services Agreement 11EP MENGINEERING I-SSAVC:MI-5543-TH212-W Rd-Bryant take Dr Improvements101,5W Addendian for Professional Services 12-0"1.doc ' 10901 Red Circle Drive,Suite 200,Minnetonka,MN 55343-9301 952.912.2600 952-912.2601 FAX architecture engineering environmental transportation November 13,2001 RE: City of Eden Prairie TH 212/Valley View Road SEH No.A-EDENP0105.00 Randy Newton City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Mr.Newton: This letter is to request approval of a budget amendment for design services for the TH 212/Valley View Road Improvement Project. I have provided a summary of each task we have been working on with an explanation of the status and expected remaining work to complete. In addition, I have attached a spreadsheet showing estimated hours to complete. Layout Development Original Budget: $9,030 Expended as of 10-31-01: $14,381 Estimated to Complete: $5,613 This task has been difficult to get resolved principally because Mn/DOT had very little project definition up-front. We spent much of our time developing various options for review and comment by Mn/DOT. Our meeting next Tuesday will be the third meeting trying to get resolution of the issues. Tasks remaining include meeting with Mn/DOT to finalize the concept, developing the concept to meet Mn/DOT Level 3 layout definition, attending the Mn/DOT Layout Review Committee,and submitting the layout to Mn/DOT for signatures. Design Plans Original Budget: $129924 Expended as of 10-31-01: $8,629 Estimated to Complete: $3,060 This task was provided to get enough detail in the plans to allow us to more accurately estimate the required design effort. I anticipate developing one more cost estimate based on our final layout and a fairly minor effort to assemble a"skeleton'plan set. This will allow us to estimate the design effort. Traffic Simulation Original Budget: $0 Expended as of 10-31-01: $11,241 After Adjustment: $7,500 Estimated to Complete: $1,200 This task was added to provide definition on appropriate lane utilization for the two intersections involved. I have made an adjustment to the total expended to reflect our learning curve on the analysis. Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer 3 Randy Newton November 13,2001 Page 2 Wetland Surveys Original Budget: $0 Expended as of 10-31-01: $2,900 Estimated to Complete: $0 This task was added to provide surveys for wetland delineation stakes. Total Original Budget: J $22,454 Expended as of 10-31-01: $33,410 Estimated to Complete: $9,973 (includes reimbursables) Total: $43,383 That total includes $11,600 in work associated with the extra tasks of Traffic Simulation and Wetland Surveys. Thank you for your consideration.Please call me at 952.912.2623 if you have any questions. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Scott McBride,P.E. Associate Attachments c: Dave Halter, SEH \\NTALTrOMP\MTRAN\Trans\Proposals\Eden Prairie\TH212-vvR\11-12-01 Amendment.doc W C o 0 M Q uFi r (D o 2 O Co O r• V co ai Wt u3 J � O O r r N r r h I� 0 0 0 0 0 0 0 0 0 0 coN CD F 2 C CA ca = . 0 d = to co It co M N It 7'o CO M COLo f.. U N N � L d N vMN N cn NIt Y O r W N fQ O N L � L d C b=s N CO N N r � r �t N N N h N N W U C N .a co C_ r r r r v r N = O N LO CA R 3 G G. r� ` N O Y C Q. (6 O Y d •C m N COr 0 r N N N LO r G O. pE c�6 1— U Q. Z E O Z 20 Q. Y Y U) V c V 0ui y A 3 = O 0 40, ui o a u G� 4, Ad 'a � i a� U O � F ?j �. S = 0 'd fl c a v UEl —C3 'a LL {+ [ a8i ti r O E•..1 .E c� � ai N w 'd bq •� � m 'c1 � �. 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Q r N N N N N N N N CV N N N N N (n CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Financial Services Resolution Giving Preliminary Approval To The Don Uram Issuance of Tax-Exempt Bonds and Authorizing Application for Allocation of Bonding Authority Requested Action Move to: Adopt Resolution giving preliminary approval to the issuance of tax-exempt bonds and authorizing application for allocation of bonding authority Synopsis The City has received a proposal to issue its special revenue obligations in an aggregate principal amount not exceeding $26,500,000 (the"Bonds")to finance the acquisition and construction of a 210-unit qualified residential rental project (the "Project") located at the Northwest corner of the intersection of Valley View Road and Flying Cloud Drive. The proceeds would be loaned by the City to Eden Prairie Leased Housing Associates I, Limited Partnership, a limited partnership (the "Borrower"). This resolution authorizes the City Manager, together with Best & Flanagan LLP, as bond counsel with respect to the Bonds, to prepare and submit to the State of Minnesota Department of Finance, an Application for Allocation of Bonding Authority for Tax-Exempt Financing under Federal Tax Law, in accordance with the provisions of Minnesota Statutes, Chapter 474A. Attachments Resolution CITY OF EDEN PItRIIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2001- RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORITY WHEREAS, the City of Eden Prairie, Minnesota (the "City") is authorized to issue tax- exempt bonds subject to the annual statewide volume cap on such bonds; and WHEREAS, the City has received a proposal to issue its special revenue obligations in an aggregate principal amount not exceeding $26,500,000 (the "Bonds") to finance the acquisition and construction of a 210-unit qualified residential rental project (the "Project") located at the Northwest corner of the intersection of Valley View Road and Flying Cloud Drive in the City of Eden Prairie,Minnesota; and WHEREAS, the City anticipates lending the proceeds of the Bonds to Eden Prairie Leased Housing Associates I, Limited Partnership, a limited partnership (the"Borrower"); and WHEREAS, the Borrower has represented that it will reimburse the City for any administrative expenses incurred by the City in connection with the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE that: 1. The City Council hereby states its preliminary intention to issue its tax-exempt bonds in the aggregate principal amount not exceeding $26,500,000 to finance the costs of the Project. 2. The City Manager and authorized officers of the City, together with Best & Flanagan LLP, as bond counsel with respect to the Bonds, are hereby authorized to prepare and submit to the State of Minnesota Department of Finance, an Application for Allocation of Bonding Authority for Tax-Exempt Financing under Federal Tax Law, in accordance with the provisions of Minnesota Statutes, Chapter 474A. 3. The City Manager is hereby authorized and directed to take all steps necessary and desirable to proceed to develop the Project and the financing therefor. 4. The Borrower has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project; whether or not the Project is approved by the Minnesota Housing Finance Agency; whether or not the Project is carried to completion; and whether or not the Bonds or operative instruments are executed. 5. All commitments of the City expressed herein are subject to the condition that by December 31, 2002 the City and the Borrower shall have agreed to mutually 2 acceptable terms and conditions of the Loan Agreement or Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extensions thereof, and the Bonds are not sold within such time. 6. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. The City retains the right, in its sole discretion, to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less than the amount referred to in paragraph 1 hereof, should the City at any time prior to the issuance thereof determine that it is in the best interests of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Additionally, this Resolution and the preliminary approval of the City set forth herein are contingent upon receipt by the Borrower of an allocation of bonding authority from the Minnesota Department of Finance with respect to the Project in an amount equal to or greater than the principal amount of the Bonds prior to the issuance and sale of the Bonds. Adopted by the Eden Prairie City Council this 4th day of December, 2001. Jean L. Harris,Mayor ATTEST: Kathleen Porta, City Clerk 3 CITY COUNCIL AGENDA DATE: December 4, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jim Clark,Public Safety Award Bid to Metro Fire for Fire Department SCBA Equipment Requested Action Move to: Award bid for Fire Department SCBA equipment to Metro Fire in the amount of$115,305.55. Synopsis The fire department is upgrading its self-contained breathing apparatus. (SCBA) These are the devices that are worn into fires and other hazardous environments to allow the breathing of fresh air by firefighters. Background Information The self-contained breathing apparatus (SCBA) currently being worn by fire department personnel is more than 15 years old. Technology has changed considerably since the original units were purchased. The new models have four(4)major advantages: 1. Allow the automatic deployment of personal alert systems (An NFPA requirement.). 2. Incorporate a rapid donning feature to allow firefighters to prepare to go into fires and other hazardous environments more rapidly. 3. A "Buddy Breathing" system that allows a firefighter with a full tank of air to share that supply with another firefighter who is trapped or otherwise unable to get to a new air supply,this is a critical advantage in saving downed or trapped firefighters. 4. New lumbar systems in place to reduce back strain and related injuries. Attachments Bid Analysis n .t� _n _n00wr- 0 CD C C O � C ai n ;C722 CD a' 0 R:u - ci m 0) -n � D x c X =27 77 CD mSDMCD-0 0. a2) D = n 0 � '-�. CD n (a N CD CD C L 0) 2;7* CD D CD o _ cn' N-6 -60 9 N��-69 v PO O Ui co Clal (O CA) p rt 00 N Cn (M 00 . O O O Cn 6 0 0 - Q O O O O O O O O O • - �D U7 U7 W 0) Cn m Cn Cn p Cn U7 Cn M MO O (n MCn IfG_ f fl b9'� {fl{f�'9 m 00 yP OD O j U h l M p 0 0 0 .a 11 O OCn � � OO � - 0 � O 0000 OOO Q. O t9 Nffl�N�0 W N (D P0) CA � O O" 0) p -4 (0N — .QIV . 0 '� Q p :p O � P P v CO . IV " ,p 00- O U7 al al O W Cn Q• CD I Q al cn M cn CWn CCn UO7 O O CA cn 0 Cil CCn 1 1W ffl�-6969 ��fi9 rn 00 '69,_ 00 X N C3) (0O POO (o M (D WO O p 0 � N O0 00 o O :-4 Q. O 01 CNnCn O CA) CD O r CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 4,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance/Don Uram Truth in Taxation Hearing and Approval of 2002/2003 Budget A . Requested Action Move to: • Close the public hearing; and • Adopt resolution certifying the 2002 Property Tax levy to be$ ; and • Approve the 2002 Budget of$ Synopsis The City Council received a budget update at the November 20, 2001, Council Meeting. Staff will also make a presentation at the December 4, 2001, Council Meeting based on the attached Summary and Detailed Budgets. Based on this information, Council will be asked to adopt a resolution certifying the 2002 Property Tax Levy and Approve the 2002 Budget. Attachments • Summary Budget • Detailed Budget • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001 - A RESOLUTION CERTIFYING THE 2001 TAX LEVY, COLLECTIBLE IN 2002, AND ADOPTING THE 2002 GENERAL FUND BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2002 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City the following purposes: Taxes to be levied against tax capacity General Fund $22,138,567 Equipment Revolving Fund 614,800 Bonds and Interest 1999A Equipment Certificates 20,000 1995 Improvement Refunding Bonds 500,000 1995 Building Refunding Bond 198,000 1997A Improvement Refunding Bonds 788,000 2000A Public Facility Bonds 389,000 2002 Public Facility Bonds 231,000 2002 Equipment Certificates 150,000 Net tax capacity levy for certification $25,029,367 Less Fiscal Disparities distribution 1,113,083 Net tax collectible in 2002 $23,916,284 Taxes to be levied against market value 1992 & 1993 Park Bonds $ 435,000 1994 Open Space Bonds 176,000 Market value tax levy for certification $ 611,000 Total net tax collectible in 2001 $24,527,284 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 1). -Z. BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2002 Budget for the General Fund and Debt Service Obligations totaling $31,230,431. Adopted by the City Council December 4, 2001 Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk 3 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 4,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ' ITEM NO.: Financial Services Director/ Amended Redevelopment Plan for Redevelopment Donald Uram Project Area No. 5 And Amended Plan for Tax Increment Financing District No. 13 60 Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution relating to the amendment and modification of the redevelopment plan for Redevelopment Project No. 5 including Tax Increment Financing Plan for Tax Increment Financing District No. 13. Synopsis To clarify the estimated public improvement costs with respect to Tax Increment Financing District No. 13 (Eden Prairie Center),it is necessary to amend and modify the Plan as listed on the attached Exhibit I-A-1. Background On December 17, 1996, the City Council adopted Resolution 96-213 approving the creation of Redevelopment Project No. 5 and Tax Increment Financing(TIF) District No. 13 (Eden Prairie Center) and adopting the Redevelopment Plan for Redevelopment Project No. 5 and the Tax Increment Financing Plan for TIF District No. 13. Initially,no distinction was made between the budget for Redevelopment Project No. 5 and TIF District No. 13. Since the adoption of the Plans, four additional tax increment districts have been created and established within the Project Area. The estimated costs of the public improvements relative to each new district have also been included in the Project Area. It is therefore necessary for the City to amend and modify the plan to separate the TIF District Plan No. 13 from Redevelopment Project No. 5. The budget for TIF District No. 13 is also being amended to reflect the change in the amount of tax increment generated by the Eden Prairie Center due to new tax laws. Attachments Resolution Exhibit I-A-1 Exhibit I-A-I Revenues and Other A. A. Original TIF-Plan Modified TIF-Plan Financing Sources (OFSs) Budget Amount Budget Amount 24. Tax increment revenue 86,513,101 57,025,207 25. Interest on invested funds - - 26. Bond Proceeds 30,000,000 - 27. Loan Proceeds - - 28. Special assessments - - 29. Sales/lease proceeds - - 30. Loan/advance re a ents - - 31. Grants - - 32. Other describe - - A. Local Cont 4,325,655 14,119 B. -C. - - 33. Transfers in(from line 68) - - 34 Total Revenues and OFSs 120,838,756 57,039,326 Expenditures and Other Financing Uses (OFUs) 35. Land/building acquisition 15,000,000 - 36. Site improvements/ preparation costs 8,450,000 3,500,000 37. Installation of public utilities - - 38. Parking facilites - 6,000,000 39. Streets and sidewalks - - 40. Public park facilities - - 41. Social,recreational,or conference facilities - - 42. Interest reduction payments - - 43. Bond principal payments 30,000,000 - 44. Bond interest payments - - 45. Loan principal payments - - 46. Loan/note interest payments 62,917,920 31,039,326 47. Administrative expenses - 100,000 48. Other describe - - A.Engineering and consulting fees 2,550,000 500,000 B.Pooling for eligiblepurposes* - 15,900,000 C. - - 49. Transfers out(from line 74) - 50 Total Expenditures and OFUs 118,917,920 57,039,326 *Pooling of amounts over 25%of total tax increment revenue must fund qualified housing projects. ,v-- CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2001- A RESOLUTION RELATING TO THE AMENDMENT AND MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 INCLUDING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13. BE IT RESOLVED by the Council of the City of Eden Prairie, Minnesota (the "Council"), as follows: Section 1. Recitals. 1.01 The Council by adoption of Resolution 96-213 on December 17, 1996, approved the creation of Redevelopment Project No. 5 and Tax Increment Financing District No. 13 and the adoption of the Redevelopment Plan for Redevelopment Project No. 5 ("Redevelopment Plan") and the Tax Increment Financing Plan for Tax Increment Financing District No. 13 ("Tax Increment Financing Plan"), both of which are hereafter referred to as the"Plan." 1.02 The Redevelopment Plan at Section 1.5 and Exhibit I-A sets forth the estimated costs of the public improvements to be made within the Project Area and financed by tax increments derived from tax increment districts within the Project Area. Since the adoption of the Redevelopment Plan and the Tax Increment Financing Plan, additional tax increment financing districts have been created and established within the Project Area each of which additional tax increment financing districts has included in the tax increment financing plan for each such district, the estimated costs of the public improvements relative to each such district. 1.03 In order to clarify the estimated public improvements costs with respect to Tax Increment Financing District No. 13, it is deemed appropriate, and in the best interest of the City,to amend and modify the Plan. Section 2. Amendment of Plan. The Plan is amended and modified as follows: 2.01. Section 1.5 and Exhibit I-A are deleted in their entirety. 2.02. Section 2.9 is amended to read as follows: 3 "Section 2.9 Estimated Public Improvement Costs. The estimated costs associated with the Tax Increment Financing District are listed on the attached Exhibit I-A-1." 2.03 Nothing contained in this amendment and modification shall--alter or affect the exterior boundaries or substantially alter or affect the general land uses established in the Redevelopment Plan, or reduce or enlarge the geographic area of the Project or Tax Increment Financing District No. 13; increase the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt or to increase or decrease the amount of interest on the debt to be capitalized; increase the portion of the captured net tax capacity to be retained by the Authority; increase the total estimated tax increment expenditures; or designate additional property to be acquired by the Authority. Section 3. Adoption of First Amendment 3.01 The First Amendment of Redevelopment Plan for Redevelopment Project No. 5 Including Tax Increment Financing Plan for Tax Increment Financing District No. 13 in form and substance as attached hereto is hereby approved and adopted. Section 4. Filing of Amendments 4.01 Upon approval and adoption of the Amendments, the Authority shall cause the First Amendment to be filed with the Minnesota Department of Revenue. ADOPTED by the Eden Prairie City Council this 4th day of December, 2001. Jean L. Harris,Mayor SEAL ATTEST: Kathleen A.Porta, City Clerk FIRST AMENDMENT OF REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 INCLUDING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13. The Redevelopment Plan for Redevelopment Project No. 5 including Tax Increment Financing Plan for Tax Increment Financing District No. 13, proposed and adopted by The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), and approved by the Council of the City of Eden Prairie on December 27, 1996, is modified and amended as follows: A. Section 1.5 and Exhibit I-A are deleted in their entirety. B. Section 2.9 is amended to read as follows: "Section 2.9 Estimated Public Improvement Costs. The estimated costs associated with the Tax Increment Financing District are listed on the attached Exhibit I-A-1." C. Nothing contained in this amendment and modification shall--alter or affect the exterior boundaries or substantially alter or affect the general land uses established in the Redevelopment Plan, or reduce or enlarge the geographic area of the Project or Tax Increment Financing District No. 13; increase the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt or to increase or decrease the amount of interest on the debt to be capitalized; increase the portion of the captured net tax capacity to be retained by the Authority; increase the total estimated tax increment expenditures; or designate additional property to be acquired by the Authority. S CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims December 4, 2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram --L Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 105356-105683 Wire Transfers 1160-1162 Background Information Attachments City of Eden Prairie Council Check Summary 12/4/2001 Division Amount General 37,815 101 Legislative 1,441 102 Legal Counsel 38,720 110 City Clerk 17 111 Customer Service 6,695 112 Human Resources 471 113 Communication Services 21 114 Benefits&Training 13,699 115 Risk Management 1,918 116 Facilities 17,102 117 City Center 2,946 130 Assessing 17 131 Finance 52 132 Housing Trans Social Service 6,500 133 Community Development 450 134 Heritage Preservation 210 135 Information Technology 14,645 136 Wireless Communication 1,275 151 Park Maintenance 11,076 153 Athletic Programs 1,440 154 Community Center 8,178 155 Beaches 20,000 156 Youth Programs 466 157 Special Events 34 158 Senior Center 4,588 159 Recreation Administration 442 160 Adaptive Recreation 789 161 Oak Point Pool 180 162 Arts 405 163 Park Facilities 300 180 Police 14,386 183 Civil Defense 495 184 Fire 386,791 185 Animal Control 195 186 Inspections 223 200 Engineering 99 201 Street Maintenance 12,504 202 Street Lighting 52,561 203 Fleet Services 14,873 204 Equipment Revolving 3,213 301 CDBG 1,878 303 Cemetary Operation 332 308 E-911 211 310 Fire Fighters Fund 24 312 Recycle Rebate 7,600 406 Water/Sewer Refunding 1978 375 502 Park Development 290 506 Improvment Bonds 1996 60,543 509 CIP Fund 58,822 511 Construction Fund 37,217 601 Prairie Village Liquor 84,355 602 Den Road Liquor 148,692 603 Prairie View Liquor 90,397 701 Water Fund 131,652 702 Sewer Fund 236,947 703 Storm Drainage Fund 7,097 803 Escrow Fund 7,462 806 SAC Agency Fund 82,800 1,633,929 Grand Total City of Eden Prairie Council Check Register 12/4/2001 Check# Amount Vendor Business Unit 1160 420 MINNESOTA DEPT OF REVENUE Fleet Services 1161 25 MINNESOTA DEPT OF REVENUE Fleet Services 1162 66,473 MINNESOTA DEPT OF REVENUE Den Road Liquor Store 105356 1,016 ASPEN WASTE SYSTEMS INC. General Fund 105357 69 ELEMENT K JOURNALS General Fund 105358 581 M&P CONSTRUCTION Water Enterprise Fund 105359 185 MANN TRIA General Fund 105360 1,100 METRO SALES INCORPORATED* General Fund 105361 1,562 MINNEGASCO Water Enterprise Fund 105362 99 PAPER DIRECT INC General Fund 105363 138 PEMTON LAND Water Enterprise Fund 105364 3,000 POSTAGE BY PHONE RESERVE ACCOU General Fund 105365 10 QUICKSILVER EXPRESS COURIER General Fund 105366 4,582 QWEST General Fund 105367 113 STOKFISZ MIKE General Fund 105368 8 SYVERSON PHYLLIS General Fund 105369 166 WEEDMAN NICOLE General Fund 105370 375 WELLS FARGO BANK MINNESOTA NA Water&Sewer Refund Bond 1979 105371 126 WOODDALE BLDERS Water Enterprise Fund 105373 2,677 US POSTMASTER-HOPKINS General Fund 105374 38,635 AKIN GUMP STRAUSS HAUER&FELD General Fund 105375 48 ANCHOR PAPER COMPANY General Fund 105376 351 ASPEN WASTE SYSTEMS INC. Water Enterprise Fund 105377 3 AT&T General Fund 105378 99 BAGELMAN'S NEW YORK BAKERY General Fund 105379 24 BCA CJIS ID UNIT General Fund 105380 65 BYERLYS General Fund 105381 45 DEPT OF LABOR&INDUSTRY Water Enterprise Fund 105382 165 GERTZ JOHN General Fund 105383 474 GOPHER STATE ONE-CALL INC Sewer Fund 105384 20,000 GREENER PASTURES DEVELOPMENT C General Fund 105385 384 HARRIS JEAN General Fund 105386 84 HILDAHL JEFFREY G. General Fund 105387 849 INNOVATIVE GRAPHICS General Fund 105388 78 LEEANN CHIN General Fund 105389 47 MERIT HVAC General Fund 105390 190 METRO SALES INCORPORATED* General Fund 105391 81,972 METROPOLITAN COUNCIL Sewer Fund 105392 8,405 MINNESOTA STATE TREASURER General Fund 105393 929 MINNESOTA VALLEY ELECTRIC COOP General Fund 105394 210 MTGF General Fund 105395 11 NATIONAL AUTOMATIC SPRINKLER General Fund 105396 20 NREMT General Fund 105397 224 PETTY CASH General Fund 105398 3,213 RICHFIELD CITY OF Equipment Revolving Fund 105399 60 RONS MECHANICAL General Fund 105400 25 SOCIAL SECURITY ADMINISTRATION General Fund 105401 1,491 ALL SAINTS BRANDS DISTRIBUTING Prairie Village Liquor Store 105402 105 AMERIPRIDE LINEN&APPAREL SER Prairie View Liquor Store City of Eden Prairie Council Check Register 12/4/2001 Check# Amount Vendor Business Unit 105403 2,702 BELLBOY CORPORATION Den Road Liquor Store 105404 434 COMMANDEUR LLC Den Road Liquor Store 105405 6,465 DAY DISTRIBUTING Den Road Liquor Store 105406 3,549 EAGLE WINE COMPANY Den Road Liquor Store 105407 10,833 EAST SIDE BEVERAGE COMPANY Den Road Liquor Store 105408 160 EXTREME BEVERAGE Den Road Liquor Store 105409 159 FAT CHANCE ENTERPRISES Den Road Liquor Store 105410 6 GETTMAN COMPANY Den Road Liquor Store 105411 7,112 GRIGGS COOPER&CO Den Road Liquor Store 105412 520 HOHENSTEINS INC Den Road Liquor Store 105414 24,047 JOHNSON BROTHERS LIQUOR CO Den Road Liquor Store 105415 1,740 LAKE REGION VENDING Den Road Liquor Store 105416 2,619 MARK VII Prairie Village Liquor Store 105417 785 MIDWEST COCA COLA BOTTLING COM Den Road Liquor Store 105418 405 NEW FRANCE WINE COMPANY Den Road Liquor Store 105419 264 NORTH STAR ICE Den Road Liquor Store 105420 3,318 PAUSTIS&SONS COMPANY Den Road Liquor Store 105421 157 PEPSI COLA COMPANY Den Road Liquor Store 105423 11,885 PHILLIPS WINE AND SPIRITS INC Prairie View Liquor Store 105424 655 PINNACLE DISTRIBUTING Prairie View Liquor Store 105425 1,162 PRIOR WINE COMPANY Den Road Liquor Store 105426 13,465 QUALITY WINE&SPIRITS CO Prairie View Liquor Store 105427 25,810 THORPE DISTRIBUTING Den Road Liquor Store 105428 712 WINE COMPANY THE Den Road Liquor Store 105429 2,454 WORLD CLASS WINES INC Den Road Liquor Store 105430 40 AANESTAD ARDEN General Fund 105431 347 BRACE LANCE General Fund 105432 50 CARDARELLE DAWN General Fund 105433 76 CUMMINGS KIM General Fund 105434 17 DISH NETWORK General Fund 105435 1,307 ESBENSEN GEORGE General Fund 105436 60 FACILITEC General Fund 105437 1,422 INTERNATIONAL UNION OF OPERATI General Fund 105438 417 IOS CAPITAL General Fund 105439 595 JIRIK SOD FARMS Water Enterprise Fund 105440 229 JOHNSON BEN CDBG Fund 105441 200 METRO CHIEF OFFICERS ASSOCIATI General Fund 105442 44 MID AMERICA FESTIVALS Escrow Fund 105443 50 MILLER LOUISE General Fund 105444 1,387 MINN CHILD SUPPORT PAYMENT CTR General Fund 105445 56 MINNCOMM PAGING Sewer Fund 105446 3 MINNESOTA DEPARTMENT OF PUBLIC General Fund 105447 144 NESBITT DENNY General Fund 105448 2,868 NEW YORK POLICE&FIREFIGHTERS Escrow Fund 105449 184 PARKER WARD General Fund 105450 108 PUBLIC EMPLOYEES RETIREMENT AS General Fund 105451 7,521 RELIANT ENERGY RETAIL INC. General Fund 105452 233 RICCAR CORP General Fund 105453 315 SCENE THE General Fund y City of Eden Prairie Council Check Register 121412001 Check# Amount Vendor Business Unit 105454 373 SOUTHWEST SUBURBAN PUBLISHING- Den Road Liquor Store 105455 243 SPORTSIGN General Fund 105456 420 STEWART-HESTER RENEE General Fund 105457 15 TAYLOR BROCK CORP General Fund 105458 30 TOTAL COMFORT/A-ABC General Fund 105459 30 UNIVERSITY OF MINNESOTA General Fund 105460 378 VERIZON DIRECTORIES CORP Prairie View Liquor Store 105461 140 ADAMS BETSY General Fund 105462 295 ANXON INC Water Enterprise Fund 105463 295 BAINEY GROUP THE Water Enterprise Fund 105464 595 BELAIR BUILDERS Water Enterprise Fund 105465 50 CULLIGAN WATER General Fund 105466 1,649 DALE GRIEPP&SONS CDBG Fund 105467 305 DODGE KRISTIN General Fund 105468 30 DOYLE COLLEEN General Fund 105469 376,500 EDEN PRAIRIE FIREFIGHTER'S REL General Fund 105470 60 ESTEP SHARI General Fund 105471 32 FALK JULIE General Fund 105472 389 GE CAPITAL General Fund 105473 20 GUSA KRISTIE General Fund 105474 60 HOLTE MARY General Fund 105475 10 INTERNATIONAL CHECK SERVICES I Prairie Village Liquor Store 105476 30 KLOECKNER LINDA General Fund 105477 38,894 LEAGUE MN CITIES INS TRUST General Fund 105478 600 METRO SALES INCORPORATED* General Fund 105479 234,140 METROPOLITAN COUNCIL ENVIRONME Sewer Fund 105480 190 MINNESOTA DEPT OF NATURAL RESO General Fund 105481 584 MINNESOTA NATIVE LANDSCAPE Water Enterprise Fund 105482 175 MINNESOTA RURAL WATER ASSOCIAT Water Enterprise Fund 105483 350 MINNESOTA STATE FIRE DEPT ASSN General Fund 105485 6,181 PRAIRIE PARTNERS SIX LLP Prairie Village Liquor Store 105486 40 QUICKSILVER EXPRESS COURIER General Fund 105487 100 SCHMITZ WENDY General Fund 105488 275 STAHL CONSTRUCTION Water Enterprise Fund 105489 12 SYVERSON HARLAN General Fund 105490 250 US POSTMASTER-HOPKINS General Fund 105491 509 VERIZON WIRELESS BELLEVUE General Fund 105492 6,710 XCEL ENERGY Water Enterprise Fund 105493 106 ACE ICE COMPANY Prairie View Liquor Store 105494 1,165 ALL SAINTS BRANDS DISTRIBUTING Prairie View Liquor Store 105495 69 AMERIPRIDE LINEN&APPAREL SER Den Road Liquor Store 105496 1,597 BELLBOY CORPORATION Den Road Liquor Store 105497 9,144 DAY DISTRIBUTING Den Road Liquor Store 105498 7,630 EAGLE WINE COMPANY Den Road Liquor Store 105499 8,578 EAST SIDE BEVERAGE COMPANY Prairie Village Liquor Store 105500 96 EXTREME BEVERAGE Prairie View Liquor Store 105501 1,292 GRAPE BEGINNINGS Den Road Liquor Store 105502 17,318 GRIGGS COOPER&CO Den Road Liquor Store 105503 28,121 JOHNSON BROTHERS LIQUOR CO Den Road Liquor Store 5 City of Eden Prairie Council Check Register 12/4/2001 Check# Amount Vendor Business Unit 105504 1,478 LAKE REGION VENDING Prairie View Liquor Store 105505 8,214 MARK VII Den Road Liquor Store 105506 556 MIDWEST COCA COLA BOTTLING COM Den Road Liquor Store 105507 483 NEW FRANCE WINE COMPANY Den Road Liquor Store 105508 150 NORTH STAR ICE Prairie Village Liquor Store 105509 886 PAUSTIS&SONS COMPANY Den Road Liquor Store 105510 435 PEPSI COLA COMPANY General Fund 105511 7,336 PHILLIPS WINE AND SPIRITS INC Prairie View Liquor Store 105512 771 PINNACLE DISTRIBUTING Den Road Liquor Store 105513 4,001 PRIOR WINE COMPANY Prairie View Liquor Store 105514 10,059 QUALITY WINE&SPIRITS CO Prairie Village Liquor Store 105515 220 TARGET CENTER General Fund 105516 14,202 THORPE DISTRIBUTING Den Road Liquor Store 105517 8,196 WINE COMPANY THE Den Road Liquor Store 105518 681 WINE MERCHANTS INC Den Road Liquor Store 105519 1,350 WORLD CLASS WINES INC Prairie View Liquor Store 105520 2,000 GOODPOINTE TECHNOLOGY CORPORAT Capital Impr./Maint. Fund 105521 120 LOES OIL COMPANY General Fund 105522 93 MENARDS Water Enterprise Fund 105523 143 PETTY CASH-POLICE DEPT General Fund 105524 236 PLYMOUTH PLAYHOUSE General Fund 105525 240 TRUGREEN CHEMLAWN MTKA Water Enterprise Fund 105526 88,517 XCEL ENERGY General Fund 105527 7,250 ALL SEASONS LANDSCAPE&DESIGN Water Enterprise Fund 105528 159 AMERICAN FLAGPOLE AND FLAG CO General Fund 105529 3,176 AMERICAN WATER WORKS ASSOCIATI Water Enterprise Fund 105530 4,521 AQUA ENGINEERING INC Water Enterprise Fund 105531 13,609 ARSENAULT ASSOCIATES General Fund 105532 206 ASPEN EQUIPMENT CO. General Fund 105533 105 BALDWIN SUPPLY COMPANY Water Enterprise Fund 105534 1,431 BAUER BUILT TIRE AND BATTERY General Fund 105535 85 BITSTREAM UNDERGROUND LLC General Fund 105536 642 BLOOMINGTON SECURITY SOLUTIONS Water Enterprise Fund 105537 512 BRAUN INTERTEC CORPORATION Improvement Projects 1996 105538 490 BRIN NORTHWESTERN GLASS COMPAN Prairie Village Liquor Store 105539 255 BRYAN ROCK PRODUCTS INC Water Enterprise Fund 105540 329 BURTON EQUIPMENT INC Capital Impr./Maint. Fund 105541 211 CAPITOL COMMUNICATIONS E-911 Program 105542 63 CATCO CLUTCH&TRANSMISSION SE General Fund 105543 1,801 CDW GOVERNMENT INC. General Fund 105544 3,301 CEMSTONE General Fund 105545 314 CHANHASSEN BUMPER TO BUMPER General Fund 105546 2,149 CLAREYS INC General Fund 105547 5,460 CLOSED CIRCUIT SPECIALISTS INC General Fund 105548 163 CONNEY SAFETY PRODUCTS General Fund 105549 300 CONSTRUCTION BULLETIN Improvement Projects 1996 105550 2,127 CORPORATE EXPRESS General Fund 105551 325 CUB FOODS EDEN PRAIRIE Escrow Fund 105552 400 CURB CREATIONS Improvement Projects 1996 6 City of Eden Prairie Council Check Register 12/4/2001 Check# Amount Vendor Business Unit 105553 100 CUT&FILL INC. General Fund 105554 4,912 CUTLER-MAGNER COMPANY Water Enterprise Fund 105555 1,757 CY'S UNIFORMS General Fund 105556 32 DALE GREEN COMPANY THE General Fund 105557 63 DANKO MES INC General Fund 105558 78 DAY-TIMER General Fund 105559 1,449 DECORATIVE DESIGNS INC General Fund City Center 105560 325 DIETHELM GARY Pleasant Hill Cemetary 105561 12 DIGI-KEY General Fund 105562 870 DIVERSIFIED INSPECTIONS INC General Fund 105563 279 DRISKILLS NEW MARKET General Fund 105564 10,060 DRT TRANSPORT Water Enterprise Fund 105565 520 DYNA SYSTEMS Water Enterprise Fund 105566 279 ECOLAB INC General Fund 105567 62 EDEN PRAIRIE CHAMBER OF COMMER General Fund 105568 77 EDEN PRAIRIE FLORIST General Fund 105569 167 EDINA SW PLUMBING General Fund 105570 17 ELECTION SYSTEMS&SOFTWARE IN General Fund 105571 3,016 FACILITY SYSTEMS INC Capital Impr./Maint. Fund 105572 4,000 FAMILY HOPE SERVICES General Fund 105573 28 FASTENAL COMPANY Water Enterprise Fund 105574 237 FORKLIFTS OF MINNESOTA INC Water Enterprise Fund 105575 820 G&K SERVICES DIRECT PURCHASE General Fund 105576 91 G&K SERVICES-MPLS INDUSTRIAL General Fund 105577 5,770 GENERAL SAFETY EQUIPMENT COMPA General Fund 105578 126 GINA MARIAS INC Escrow Fund 105579 326 GREATAMERICA LEASING CORP. General Fund 105580 7,600 HAMLINE UNIVERSITY GRADUATE SC Recycle Rebate 105581 31,175 HANSEN THORP PELLINEN OLSON Improvement Projects 1996 105582 568 HARMON AUTOGLASS General Fund 105583 5,524 HARTLAND FUEL PRODUCTS LLC General Fund 105584 240 HAWKINS WATER TREATMENT GROUP Water Enterprise Fund 105585 304 HELSENE CO. Prairie Village Liquor Store 105586 450 HENNEPIN COUNTY TREASURER General Fund 105587 560 HOLMES JOHN CARTER General Fund 105588 320 HOLMES KEN General Fund 105589 560 HOLMES TOM General Fund 105590 1,374 INDEPENDENT SCHOOL DIST NO.27 General Fund 105591 689 INDUSTRIAL LIGHTING SUPPLY INC Water Enterprise Fund 105592 1,262 INFRATECH Sewer Fund 105593 290 INGRAHAM&ASSOC Park Acquisition&Development 105594 411 INSPEC INC. Capital Impr./Maint. Fund 105595 342 J H LARSON ELECTRICAL COMPANY General Fund 105596 1,511 JANEX INC General Fund 105597 1,336 JERRY'S FLOOR STORE Water Enterprise Fund 105598 36 JUSTUS LUMBER COMPANY General Fund 105599 134 KRAEMERS HARDWARE INC Water Enterprise Fund 105600 298 LAKE COUNTRY DOOR Water Enterprise Fund 105601 818 LAKELAND FORD TRUCK SALES General Fund City of Eden Prairie Council Check Register 12/4/2001 Check# Amount Vendor Business Unit 105602 898 LAMETTRYS COLLISION General Fund 105603 128 LINHOFF PHOTO&DIGITAL IMAGIN Escrow Fund 105604 120 LOES OIL COMPANY General Fund 105605 7 MAIL BOXES ETC Water Enterprise Fund 105606 70 MARKS CERTICARE AMOCO General Fund 105607 1,358 MAXI-PRINT INC General Fund 105608 295 MENARDS General Fund 105609 5,272 METRO CONCRETE RAISING INC General Fund 105610 191 METROPOLITAN FORD General Fund 105611 5,736 MIDWEST ASPHALT CORPORATION Water Enterprise Fund 105612 85 MIDWEST ENGINE SERVICE&SUPPL General Fund 105613 13 MIDWEST SIGN&SCREEN PRINTING General Fund 105614 191 MIDWEST SPECIALTY SALES INC General Fund 105615 65 MINNESOTA CONWAY General Fund 105616 24 MINNESOTA COUNTY ATTORNEYS ASS General Fund 105617 3,985 MINNESOTA GREEN LANDSCAPING IN Improvement Projects 1996 105618 225 MOORE INDUSTRIES Water Enterprise Fund 105619 201 MTI DISTRIBUTING INC General Fund 105620 6,981 MWH AMERICAS INC Storm Drainage 105621 145 NATURAL REFLECTIONS VII LLC Water Enterprise Fund 105622 1,590 NEW HORIZONS General Fund 105623 117 NORTHWEST RESPIRATORY SERVICE General Fund 105624 383 OCCUPATIONAL MEDICINE CONSULTA General Fund 105625 55 OLSEN COMPANIES General Fund 105626 167 OSI BATTERIES INC General Fund 105627 43,630 PALMER WEST CONSTRUCTION CO IN Capital Impr./Maint. Fund 105628 24 PAPER WAREHOUSE Fire Fighters Fund 105629 10,267 PRAIRIE ELECTRIC COMPANY Water Enterprise Fund 105630 42 PRAIRIE LAWN AND GARDEN General Fund 105631 235 PRAIRIE OFFSET PRINTING General Fund 105632 104 PRIORITY COURIER EXPERTS General Fund 105633 238 PUBLIC SAFETY EQUIPMENT CO General Fund 105634 60 RAINBOW FOODS INC. General Fund 105635 109 RCM&ASSOCIATES General Fund 105636 422 RED WING SHOE STORE General Fund 105637 58 RITZ CAMERA CENTERS General Fund 105638 30,579 RMR SERVICES INC Water Enterprise Fund 105639 600 S&D DOOR REPAIR INC General Fund 105640 67 SAVOIE SUPPLY CO INC Water Enterprise Fund 105641 147 SE-ME INC General Fund 105642 511 SEELYE PLASTICS INC Water Enterprise Fund 105643 120 SHRED-IT General Fund City Center 105644 104 SNAP-ON TOOLS General Fund 105645 153 SOFTWARE HOUSE INTERNATIONAL I General Fund 105646 45 SOUTHWEST LOCK&KEY General Fund 105647 1,057 SOUTHWEST SUBURBAN CABLE COMMI General Fund 105648 54,356 SRF CONSULTING GROUP INC Improvement Projects 1996 105649 1,218 STAN MORGAN &ASSOCIATES INC. Prairie Village Liquor Store 105650 458 STANDARD SPRING General Fund If City of Eden Prairie Council Check Register 12/4/2001 Check# Amount Vendor Business Unit 105651 664 STATE CHEMICAL MFG.CO.THE Water Enterprise Fund 105652 2,500 STOREFRONT GROUP THE General Fund 105653 312 STRAND MANUFACTURING CO INC Water Enterprise Fund 105654 397 STREICHERS General Fund 105655 198 SUBURBAN CHEVROLET GEO General Fund 105656 49 SUBURBAN PROPANE General Fund 105657 373 SUN NEWSPAPERS General Fund 105658 147 SURVIVALINK CORP General Fund 105659 1,188 TESSCO General Fund 105660 33 THYSSENKRUPP ELEVATOR General Fund City Center 105661 1,139 TKDA Water Enterprise Fund 105662 140 TOLL GAS AND WELDING SUPPLY Water Enterprise Fund 105663 1,012 TRUCK UTILITIES MFG CO General Fund 105664 838 TWIN CITY FILTER SERVICE INC Water Enterprise Fund 105665 127 TWIN CITY OXYGEN CO General Fund 105666 6,305 TWIN CITY SEED CO General Fund 105667 116 UNIFORMS UNLIMITED General Fund 105668 51 UNION LINE INC/GRAYBEAR General Fund 105669 9,129 UNITED RENTALS HIGHWAY TECHNOL Construction Fund 105670 350 UNLIMITED SUPPLIES INC General Fund 105671 75 US CAVALRY General Fund 105672 1,407 US FILTER/WATERPRO Water Enterprise Fund 105673 739 US OFFICE PRODUCTS Water Enterprise Fund 105674 6,847 VERNCO MAINTENANCE INC Water Enterprise Fund 105675 183 VESSCO INC Water Enterprise Fund 105676 63 VWR SCIENTIFIC PRODUCTS Water Enterprise Fund 105677 470 W W GRAINGER General Fund 105678 1,093 WATSON CO INC THE General Fund 105679 1,471 WEBBER RECREATIONAL DESIGN INC Capital Impr./Maint. Fund 105680 185 WEST WELD General Fund 105681 5,341 WESTWOOD PROFESSIONAL SERVICES Capital Impr./Maint. Fund 105682 810 YALE INCORPORATED Water Enterprise Fund 105683 161 ZEP MANUFACTURING CO General Fund 1,633,929 Grand Total 1 CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications December 4,2001 ITEM DESCRIPTION: SERVICE AREA/DIVISION: Memorandum of Understanding(MOU) ITEM NO.: Carl Jullie, City Manager Concerning Flying Cloud Airport and Metropolitan Airports Commission(MAC) , Ordinance 51 Requested Action Move to: • Receive and support the terms of the Memorandum of Understanding dated November 29, 2001, concerning Flying Airport and MAC Ordinance 51; and • Direct staff to proceed in accordance with said Memorandum of Understanding. Synopsis Attached is a final draft of the MOU concerning Flying Cloud Airport and MAC Ordinance 51. This document will be signed by the principal negotiators assigned by the City(Mayor Harris and Councilmember Case) and the MAC (Commissioners Coral Houle and Dan Fournier). The MOU contains several recommendations to both MAC and the City, which upon approval, will constitute the basic elements of a future formal agreement between MAC and the City. If fully implemented, we believe the MOU terms will provide meaningful noise relief and retain the character of the airport; and also provide for the aeronautical needs of MAC and airport users. Mr. Rosow will be prepared to review the MOU in detail on Tuesday evening. The U.S.Federal Aviation Administration(FAA) is a key player to become involved in our negotiation process following support of the MOU terms. FAA's concurrence or otherwise positive indication of approval must be secured prior to any final agreement between MAC and the City. We have asked that MAC request from the FAA an extension of the comment period on the DEIS (draft environmental impact statement) from December 7, 2001,to late January 2002. It is recommended that the Council receive the Memorandum of Understanding concerning Flying Cloud Airport and Ordinance 51 and support the terms therein and further direct staff to proceed in accordance with the MOU. Attachments MEMORANDUM OF UNDERSTANDING CONCERNING FLYING CLOUD AIRPORT AND ORDINANCE NO. 51 This Memorandum of Understanding ("MOU") contains the recommendation of the undersigned parties regarding amendments to Ordinance No. 51 and the proposed expansion of Flying Cloud Airport as set forth in the Supplement to the Draft Environmental Impact Statement, August 2001. The undersigned parties believe that it is necessary to take the actions described in this MOU to obtain City of Eden Prairie ("Eden Prairie") acceptance of the proposed expansion and address community concerns; implement reasonable measures designed to provide meaningful noise relief and retain the character of the Airport; and provide for the aeronautical needs of the Metropolitan Airports Commission("MAC") and Airport users. 1. Ordinance No. 51. The undersigned parties recommend that MAC amend Ordinance No. 51 in the following manner and that Eden Prairie support such amendment: a. Stage 2 Aircraft. Stage 2 aircraft will be prohibited from operating at Flying Cloud Airport. Exceptions will be made for emergencies. MAC will agree to the following to implement the Stage 2 restriction: (1) to conduct in a thorough and professional manner any study required by federal law or policy to implement the restriction, (2) to consult closely with Eden Prairie in preparing a scope of work and evaluating and selecting a consultant, (3) to seek FAA acknowledgement that the study complies with FAR Part 161, (4) if the FAA criticizes the study as legally inadequate or otherwise not in full compliance with FAR Part 161, to prepare a second or supplemental study to respond to any such criticisms, and (5) to issue a Notice to Proceed on the proposed runway extension only after MAC has completed and released the first study and to make the proposed runway extension available for use only after the time at which MAC would be authorized pursuant to FAR Part 161 Subpart C to implement the restriction; provided, however, that Eden Prairie agrees that MAC will be excused from the commitments in item (5) once MAC has expended an amount identified in the Final Agreement, described below, on the first and any required supplemental study. The undersigned parties further recommend that MAC and Eden Prairie consider alternatives to the prohibition on Stage 2 aircraft operations that would (1) fit into the "grandfathering" provisions of the Airport Noise and Capacity Act of 1990 and FAR Part 161, and (2) provide substantially the same noise effect as a complete ban on Stage 2 aircraft operations or otherwise provide substantial and meaningful noise relief in a manner mutually acceptable to MAC and Eden Prairie. b. Maintenance Run-ups. Maintenance run-ups will be prohibited between 10:00 p.m. and 7:00 a.m. unless the inability to perform a maintenance run-up during this time period would materially affect the planned departure time of the aircraft on which the maintenance is being performed. MAC will require the submission of documentation of maintenance run-ups occurring during this time period by the . person performing the run-up, setting forth the circumstances under which the run- up was required. C. Runway Pavement Strength. MAC represents that a previously performed analysis of runway pavement reveals that the maximum weight-bearing capacity of runways at the Airport allows use by aircraft with a maximum gross takeoff weight (MGTOW) of 60,000 lbs. or less. MAC will take necessary actions to restrict aircraft operations to those aircraft with a certified MGTOW of 60,000 lbs. or less. This restriction may be modified only upon mutual consent by MAC and Eden Prairie, and MAC shall not take any action to increase the runway pavement weight-bearing capacity, unless required to do so by State law, provided that MAC will agree not to initiate, promote, or otherwise support enactment of such law. d. Enforcement of Restrictions. A schedule of sanctions will be created as part of the Ordinance delineating the progressive penalties to be assessed for Ordinance violations. 2. Part 139. The undersigned parties recommend that MAC agree that it will not apply for FAR Part 139 Certification at Flying Cloud Airport to provide facilities for air carrier operations. "FAR Part 139 Certification" means those regulations in effect as of the date of this MOU regarding the certification of airports for scheduled and unscheduled passenger operations of an air carrier, or those amendments or modifications relating to the certification of airports for scheduled and unscheduled passenger operations of an air carrier which are currently under consideration by FAA. 3. Nighttime Operations. The undersigned parties recommend that MAC implement a program of voluntary restraints on aircraft operations between 10:00 p.m. to 6:00 a.m. and develop specific operational measures to limit the noise impact of aircraft operations between 6:00 a.m. and 7:00 a.m. The voluntary restraint on nighttime operations will be implemented through agreements with airport users; ongoing education of pilots, FBOs or other operators; development of a positive recognition program; notice to any persons known to be operating during these nighttime hours; and identification of preferred runways, flight tracks or other operating procedures. Operations by pilots conducting nighttime currency training to meet FAR Part 91 requirements are permitted between the hours of 10:00 p.m. and midnight. MAC's programs for ongoing education of pilots, FBOs or other operators and positive recognition will be developed in consultation with Eden Prairie. 4. Cargo operations. MAC represents that, based upon the limitations identified in Paragraphs 1 and 2, major air cargo operations will not be able to use the Airport. 5. Sound Insulation and Land Use Compatibility. The undersigned parties recommend that the Final Agreement contain MAC's commitments on sound insulation and Eden Prairie's commitments on promoting compatible land use within areas exposed to noise in excess of DNL 60 dB. 6. Eden Prairie Support. In exchange for MAC's representations and commitments in this MOU, the undersigned parties recommend that Eden Prairie commit in the Final Agreement, described below, to withdraw its opposition to the proposed expansion of Flying Cloud Airport as contained in the Supplement to the Draft Environmental Impact Statement, August 2001. This commitment by Eden Prairie includes refraining from the filing of adverse comments and/or lobbying against the expansion, provided that Eden Prairie may request reasonable additional environmental disclosures in the environmental documentation. In addition, this commitment would prohibit Eden Prairie or its staff (acting in an official capacity) or counsel from promoting, representing, or in any other way supporting other parties opposed to the expansion, including the drafting of documents which may be used by those other parties. The release of data pursuant to the Minnesota Data Practices Act shall not constitute a violation of this provision. Failure by the City of Eden Prairie or its staff or counsel to comply with this provision will render the Final Agreement null and void. /3 7. To implement the terms of this MOU, the undersigned parties recommend the following actions be undertaken in the order presented: a. The Eden Prairie City Council and MAC Commission indicate their support for the recommendations contained in this MOU, subject to review by the FAA. b. The City Council and Commission direct Eden Prairie and MAC staff to present the terms of this MOU to the FAA as soon as pfacticable and obtain the FAA's preliminary determination that the terms of this MOU and the representations and restrictions identified herein are consistent with federal law and MAC's grant assurance obligations to the FAA. c. Upon receiving a preliminary determination from the FAA in a form acceptable to both parties, the City Council and Commission enter into a Final Agreement consistent with this MOU and the FAA's preliminary determination. d. The Commission amend Ordinance No. 51 as described herein to be effective as of the date that the runway extension being considered as part of the proposed expansion is operational. Until the effective date of any and all amendments or the conclusion of any administrative or judicial proceeding described in Paragraph 8, whichever is later, Ordinance 51 shall remain in full force and effect, provided, however, that if Ordinance 51 is determined in a final administrative or judicial decision to be invalid or inconsistent with MAC's grant assurance obligations then the amendments shall take effect immediately, subject to the terms of Paragraph 8. e. Concurrently with Item d, MAC prepare and publish operating rules for the Flying Cloud Airport containing the terms of the Final Agreement and the amendments to Ordinance No. 51. f. Concurrently with Item d, MAC submit for publication mandatory and voluntary restrictions for Flying Cloud Airport in all relevant civilian and military aircraft user guides. 8. The undersigned parties recommend that MAC agree to the following: a. To defend vigorously the terms of the Final Agreement and the commitments and restrictions identified therein and any study prepared by MAC under federal law to implement any such commitments and restrictions in response to an informal or formal administrative action or proceeding or the filing of any court action. b. To fully prosecute a defense in any administrative or judicial proceeding identified in Item a and, if necessary, to seek a final FAA order or trial court decision on whether the commitments and restrictions identified in the Final Agreement are consistent with federal law and MAC's grant assurance obligations. C. To support the intervention of Eden Prairie in any administrative or judicial proceeding identified in Item a. d. To (i) defer temporarily enforcement of any commitment or restriction identified in the Final Agreement during the pendency of any administrative or judicial proceeding only if the FAA asserts that such deferral is required to retain eligibility for state or federal financial assistance or passenger facility charges, or (ii) defer enforcement for a period not longer than sixty (60) days to respond to a request by the FAA to defer enforcement only if MAC reasonably believes that the deferral is necessary to retain eligibility for state or federal financial assistance or passenger facility charges and only if MAC commits to work within the sixty day period to address FAA concerns. e. In the event of a final FAA order or court decision that a commitment or restriction identified in the Final Agreement is unlawful or would render MAC ineligible for state or federal financial assistance or passenger facility charges, MAC and Eden Prairie shall amend the Final Agreement with the objective of developing alternative measures that will guarantee a residential noise environment no worse than the noise environment that is predicted to occur were the restrictions identified in the Final Agreement implemented. The Final Agreement shall define the manner in which the noise environment shall be measured, the noise environment that must be ensured, and illustrative examples of alternative means to ensure such noise environment. If, to satisfy this obligation, MAC is required by the amended agreement to implement a restriction subject to FAR Part 161, MAC shall comply with the commitments in Paragraph 1(a) with respect to such restriction, and if MAC is unsuccessful in implementing such mandatory restriction after satisfying such commitments then MAC shall be relieved of its obligation to implement the relevant restriction. 9. Nothing in this MOU or any subsequent agreement shall require MAC or Eden Prairie to violate the Minnesota Data Practices Act. 10. MAC and Eden Prairie shall agree in the Final Agreement that injunctive relief and specific performance are appropriate remedies for alleged breaches of the Final Agreement. Prior to declaring a default of the Final Agreement in a judicial forum, MAC and Eden Prairie shall agree to negotiate and/or mediate (formally or informally) any disagreement. Date: , 2001 Mayor of Eden Prairie Eden Prairie Councilmember MAC Commissioner MAC Commissioner I