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HomeMy WebLinkAboutCity Council - 12/17/2002 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,DECEMBER 17,2002 CITY CENTER 5:00 -6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens,Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. BUSINESS SURVEY IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VI. OPEN PODIUM(Unscheduled participants,6:50-7:00 p.m.) VII. ADJOURNMENT MEMORANDUM To: Mayor and Councilmembers 0 Through: Don Uram,Director of Management and Budget From: David Lindahl,Economic Development Manager 11111.1.111 Date: December 13,2002 Eden Prairie Subject: December 17,2002 Workshop on Business Survey Huberty Marketing Research was hired in September to conduct a telephone survey of Eden Prairie businesses. The survey was designed to help measure the needs of the business community in order to help establish economic development priorities for the City and to help identify ways to better serve them. The final report and executive summary are attached and a presentation of the highlights will be provided at the workshop. CITY OF EDEN PRAIRIE BUSINESS SURVEY EXECUTIVE SUMMARY BACKGROUND: The City of Eden Prairie was interested in conducting a survey of its business community to ask about a variety of general issues, including awareness and usage of city services. At the same time,the City wanted to measure satisfaction as well as to inquire about the other potential wants and needs of their business constituents. OBJECTIVE: The purpose of this study was two-fold: (1) To identify and thoroughly understand the wants and needs of Eden Prairie's business community; and(2)To identify ways in which the City can even better serve the needs of those business constituents. METHODOLOGY: Four hundred telephone interviews (n=400)were conducted with a completely random sample of businesses based within the boundaries of Eden Prairie. Qualified respondents included companies' top executives,including owners,presidents and/or managers. Interviewing was conducted between Monday, October 14 and Thursday, October 24,2002. Average interview length was 22:00. SUMMARY: Sample Profile: EP is dominated by small businesses,but is also"high tech"as 65% of its businesses having high speed Internet access. Status Quo: Almost one-half of the businesses have been here for 10+years because,"It's a great place for business." Almost three-quarters of the business leaders gave the EP "Business Climate" a"grade"of"A"or"B." More"A"and"B"grades from larger companies. "Specific Likes"about being in EP including(1) Good highway access; (2) Low crime rate; (3)Great place to live&work; and(4) Low taxes. Nevertheless, almost one-half of all business people also complain that EP is "Unfriendly to business"for a variety of • reasons,including high taxes and traffic congestion. When given a list,businesses want the Economic Development Division to work on(1)Retaining existing businesses and(2) Buildings roads and highways Usage/Satisfaction with City Services: Most businesses are"Very Satisfied"with their City contacts. They feel employees are responsive,helpful,fast and knowledgeable. Future Plans: Less than one business in 10 has any plans to move. Miscellaneous Issues: During a far reaching inventory of a variety of issues,we found that there's interest in a website application linking all businesses. In addition,for the services they receive, most businesses consider their property taxes to be a good value. Finally, businesses are twice as likely to be satisfied vs. dissatisfied with their access to government decision-making processes. RECOMMENDATION: Overall,the City of Eden Prairie is viewed as a great place to be in business. There are a myriad of reasons for this—including highway access,crime grade, etc. These are just a few of the reasons which should be touted as EP seeks to lure new business development. Everything is not perfect,however. There is a"natural"antipathy that businesses have about government interference. Thus,the City of Eden Prairie should aggressively work to minimize this bias. Business feedback contained herein provides a cornucopia of opportunities for both parties to further develop an already positive relationship. Gib,of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 1 of 65 CITY OF EDEN PRAIRIE BUSINESS SURVEY I. INTRODUCTION 3 A. Background and Objectives 3 B. Methodology 4 C. Sample Profile 5 II. DETAILED FINDINGS 8 A. Status Quo 8 1. Tenure&History 8 2. Report Card 11 3. Reasons for Operating-in Eden Prairie 18 4. Serious Issues 22 5. Economic Development Division: Wants &Needs 25 B. Usage/Satisfaction with City Services 29 C. Future Plans 33 D. Miscellaneous Issues 36 1. Telecommuting 36 2. Hodge Podge 37 E. "One Wish" 40 III. SUMMARY &RECOMMENDATIONS 45 IV. APPENDICES 47 A. Questionnaire 47 B. Inventory of Responses 54 C. List of Respondents 57 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 2 of 65 I. INTRODUCTION A. Background & Objectives Like some other communities,the City of Eden Prairie was interested in conducting a survey of its business community. The City wished to ask about a variety of general issues, including awareness and usage of city services. At the same time,the City wanted to measure satisfaction as well as to inquire about other potential wants and needs of their business constituents. A previous survey conducted for the of City of St. Louis Park was used as a model, although it was adapted in order to address issues unique to Eden Prairie. The purpose of this study was two-fold: • To identify and thoroughly understand the wants and needs of the City of Eden Prairie's business community. • To identify ways in which the City can even better serve the needs of those business constituents. City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 3 of 65 I. INTRODUCTION B. Methodology The questionnaire used for this study was initially developed by Huberty Marketing Research (HIVIR), St. Paul. That document was thoroughly reviewed in a series of meetings with representatives from the City of Eden Prairie Economic Development Division. The final survey instrument makes up Appendix A. Four hundred telephone interviews (n=400)were conducted with the target population, consisting of a completely random sample of businesses based within boundaries of Eden Prairie. Qualified respondents included companies' top executives, including owners, presidents and/or managers. A list of respondents is appended(Appendix C). Data collection and tabulation was performed by Information Specialist Group, Inc., an Eden Prairie-based business. Interviewing was conducted between Monday, October 14 and Thursday, October 24, 2002. Average interview length was 22:00, with a range of 10 to 36 minutes. Interestingly, despite its length, only 29 of the respondents (7% of the final sample of 400 completions)refused to complete the interview. This was far below the expected 10% rate of attrition. Many times respondents' answers reflected a tremendous range of thought. However, for the sake of brevity, only the "major"answers (i.e.,mentioned by at least 3% of the respondents) are detailed in the data tables. However, an"Inventory of Responses,"a complete set of every single code for the "combined" categories is contained in Appendix B. This interview contained eight open ended questions. A random mix of respondent verbatims is included after the appropriate data table. The respondent's verbatim is categorized by tenure in Eden Prairie as well as number of employees. At the conclusion of the interview,respondents could request follow up contact by someone from the City. Sixteen respondents made such a request. Those names already have been forwarded to the City. City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 4 of 65 I. INTRODUCTION C. Sample Profile HEADLINES: • "Services" (43%) are the most popular businesses in EP. • The random sample of EP businesses uncovered that 43% of the companies have "Five or Less FuMime Employees,"with a Median business-size of 7.0. • Eden Prairie businesses are high tech businesses: Two out of three companies (65%) have high speed Internet access and 69% have their own websites. In two out of three companies, 100% of the employees have access to the Internet. HOW WOULD YOU BEST DESCRIBE THE NATURE OF (400) YOUR COMPANY'S BUSINESS? Services 40 1 Retail Trade 19 Finance, Insurance and Retail Estate 18 Manufacturing 9 Construction 4 Wholesale Trade 4 Transportation, Communications,Electric and Gas 3 HOW MANY FULL TIME/PART TIME FULLTIME PARTTIME EMPLOYEES DOES YOUR COMPANY (400) (400) HAVE BASED IN EDEN PRAIRIE? Five or Less 43% 83% None/Zero 1 35 One • 13 22 Two—Five 30 26 6-10 22 7 11 -25 18 6 26—50 7 2 51 or More 9 1 Don't Know 1 1 MEAN 26.1 4.8 MEDIAN 7.0 1.0 The sample included 26 "At Home"businesses. City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 5 of 65 WHAT WERE YOUR COMPANY'S APPROXIMATE 2001 TOTAL REVENUES? (400) Under$500,000 23% $500,000 to Under$1 Million 12 $1 Million to Under$5 Million 20 $5 Million to Under$10 Million 6 $11 Million to Under$50 Million 7 $50 Million or More 5 Don't Know/Refused 26 DOES YOUR BUSINESS HAVE HIGH SPEED INTERNET (400) ACCESS? Yes 65% • Is this.... (261) DSL 53% Broadband/Cable 28 T-1 7 Wireless 2 Don't Know 10 No 35 How interested are you in obtaining high speed Internet (139) access? VERY/SOMEWHAT INTERESTED 37% • Very Interested - 14 Somewhat Interested 24 Neither Interested nor Uninterested 9 SOME/VERY UNINTERESTED 47 Somewhat Uninterested 11 Very Uninterested 36 Don't Know 6 Ci4•of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 6 of 65 DOES YOUR BUSINESS HAVE A WEB SITE? (400) Yes(WEB ark,ADDRESS OBTAINED) 69% No 31 DO YOU PLAN TO HAVE ONE ESTABLISHED WITHIN (126) THE NEXT TWO YEARS? Yes 40% Don't Know 13 No 47 IF"NO:"WHY NOT? (59) No need/Doesn't apply to business 90% Corporate decision 8 Nothing/No problems 2 WHAT PERCENTAGE OF YOUR EMPLOYEES HAVE ACCESS TO THE INTERNET AT WORK? (400) Zero/None 13% 1-25 9 26—99 11 100% 63 MEAN 73.4 MEDIAN 100% • City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 7 of 65 H. DETAILED FINDINGS A. Status Quo 1. Tenure &History HIGHLIGHTS: • Almost one-half of all businesses (45)have been located in EP for 10 years or more. • When asked why they originally decided on Eden Prairie, almost one-half of all respondents(45%)simply stated that it's a"Great Place for Business." HOW LONG HAS YOUR BUSINESS BEEN LOCATED IN (400) EDEN PRAIRIE? Less than two years 9% Between three and five years 22 Between six and 10 years 22 10 Years or More(Net) I 45 Between 10 and 20 years 34 21 years or more 11 THINKING BACK,WHY DID YOUR ORGANIZATION ORIGINALLY DECIDE TO ESTABLISH OR MOVE YOUR (400) BUSINESS TO EDEN PRAIRIE? I GREAT PLACE FOR BUSINESS 45% Space/Building was available. Space needs were met 16 Potential for business growth 15 Close to clients 5 Land available for development, expansion 4 Work at home/Convenience of working from home 4 I GREAT LOCATION 33 Close to home 11 Good location 9 Close to clients 5 Close to highways 4 Close to employees 3 I GREAT COMMUNITY/GREAT PLACE TO LIVE 20 I live/the owners live in Eden Prairie 18 I EXTRANEOUS CIRCUMSTANCES/BEYOND CONTROL 11 Wasn't here when that decision was made 9 Corporate decision 2 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 8 of 65 RESPONDENT VERBATIM Thinking back,why did your organization originally decide to establish or move your business to Eden Prairie? My partner and I have worked together in EP for Years. It's a comfortable place. (Here 21+ Years, 2 Employees) The owner lived in EP and all the property we were contemplating developing was there. (Here 6-10 Years, 11 Employees) The opportunities. We were in the land 40 Years ago, surveying land for development. (Here 21+ Years, 2Employees) Because of the growth. There's more people and more business. (Here 21+ Years, 40 Employees) We were looking for a facility to expand. Our staff grows and shrinks. We found enough space here. (Here 1-2 Years, 80 Employees) It's close to major roads like 169 and 494. (Here 3-5 Years, 30 Employees) I drove by the lot and noticed a vacancy sign. My father has had businesses here for years. (Here 10-20 Years, 5 Employees) The location is nice. There's highway access, which makes it convenient for employees to commute. (Here 1-2 Years, 35 Employees) My rent got raised in another town, so I moved my business to EP. (Here 21+ Years, 1 Employee) We based it on demographics, like average family income, and on the fact that it's a growing community. (Here 5-10 Years, 10 Employees) I moved here because of the growth opportunities. There weren't any businesses similar to mine in EP. (Here 10-20 Years, 24 Employees) It was a desirable piece of real estate. I live in EP, so that was also convenient. It was easy for the employees. (Here 3-5 Years, 8 Employees) We were tired of commuting up to Minneapolis. It takes too much time and money. (Here 5- 10 Years, 5 Employees) We are a trucking company, and EP is a good place for us to do business because of the good freeway access. (Here 6-10 Years, 60 Employees) City*of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 9 of 65 Availability of the land. Bloomington doesn't have the same availability that EP does. (Here 21 Years, 5 Employees)) Back then there were wide open spaces, so it was a great location. (Here 21 Years, 96 Employees) High growth and the number of businesses located here. (Here 3-5 Years, 5 Employees) The demographics fit what we needed for our business. (Here 10-20 Years, 35 Employees) Our first development was in EP;since then, all our employees came from suburbs around EP, so we just decided to put the office here. (Here 10-20 Years, 6 Employees) I'm assuming that the growth and population in the area are the main reasons. (Here 6-10 Years, 20 Employees) We got a location right next to Menard's, and we figured that would help bring in customers. (Here 6-10 Years, 7 Employees) It was a corporate decision to have an office in the U.S, and a consultant referred us to EP. (Here 3-5 Years, 10 Employees) I don't know exactly why. We just like EP. It had easy access and was a good location for our clients. (Here 10-20 Years, 2 Employees) Location near the ariport and transportation to dowtown Minneapolis hotels. (Here 6-10 Years, 3 Employees) It's a good location that has good proximity to residents. EP is kind of a business hub for the metro area. (Here 6-10 Years, 20 Employees) Accessibility to the interstate. I can run my business anywhere there's interstate access. (Here 6-10 Years, 8 Employees) We're a mortgage business, and we located in the southwest metro due to future housing projections. (Between 3-5 Years, 10 Employees) I live in EP, and the rent was less expensive that Golden Valley or Minnetonka. (Here 3-5 Years, 1 Employee) The land was available, and it was in the right place for our employees. (Here 21+ Years, 6 Employees) We had to find a building right away. Location and building warehouse and office space were available in EP. (Here 1-2 Years, 7 Employees) City*of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 10 of 65 II. DETAILED FINDINGS A. Status Quo 2. Report Card HIGHLIGHTS: • Respondents were asked to"grade"the business climate in EP. Although grades of "A"were lower than what companies usually garner(22%),combined grades of"A" and `B"(71%)were similar to company norms. • Interestingly,business climate grades tended to rise with the size of the company! (FYI: Grades were almost identical among types of businesses.) • Respondents gave reasons for their grades. The overwhelming reason for giving grades of"A" and`B"was,again,the fact that EP is a"Great Place for Business." • For the most part, across any/all grades,positive responses tended to increase as the size of the business increased; negative responses tended to decrease as the size of the business increased. OVERALL HOW WOULD YOU"GRADE"THE BUSINESS • CLIMATE IN THE CITY OF EDEN PRAIRIE? (400) I GRADES OF"A"AND`B" 71% A—"Excellent" 22 B—"Above Average" 49 C—"Average" 21 D—"Below Average" 5 F—"Failing" 2 OVERALL HOW WOULD YOU TOTAL BUSINESS SIZE: EMPLOYEES "GRADE"THE BUSINESS SAMPLE CLIMATE IN THE CITY OF (400) <5 6-10 11-50 51+ EDEN PRAIRIE? (173) (86) (97) (40) GRADES OF"A"AND`B" 71% 71% 64% 76% ! 80% 1 A—"Excellent" 22 18 20 29 25 B—"Above Average" 49 53 44 47 55 C—"Average" 21 22 24 19 17 D—`Below Average" 5 5 9 3 -- F—"Failing" 2 2 2 2 -- City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 11 of 65 Why do you say that? GRADE OF 4 A B C DIF (88) (197) (86) (28) 1 GREAT PLACE FOR BUSINESS 69% 54% 9% 4% Pro-business/Supportive 23 18 1 -- Potential for business/Growth 18 17 2 -- Good economy/Business is good 15 8 2 -- Diversity/Number of businesses 10 11 1 -- City services available/Maintain good services 4 3 1 -- Reasonable rent/Cost of space 2 1 1 4 GREAT PLACE TO LIVE/COMMUNITY 22 13 1 -- High median income/People have money 7 2 -- -- City services available/Maintain good services 4 3 1 -- Restaurants/Lots of Restaurants 4 4 -- -- Clean 4 3 -- -- I GREAT LOCATION 19 18 2 14 Good location 10 7 -- 4 Close to clients 6 4 2 -- Close to highways 4 5 -- 4 Easier to find/Get to -- -- -- 11 TRAFFIC CONGESTIONS/ROAD/COMMUTE -- 6 3 14 UNFRIENDLY TO BUSINESS 1 13 34 71 High taxes/Need to lower taxes 1 5 3 11 Too many restrictions/Not flexible -- 2 10 25 Not pro-business/Not supportive -- -- 12 18 Don't pass smoking ban! 1 1 1 11 Not responsive/Not helpful/Not knowledgeable -- -- 1 7 EXTRANEOUS CIRCUMSTANCES -- -- 9 11 NOTHING/NO PROBLEMS 16 14 17 -- AVERAGE/NO BETTER-WORSE VS. OTHERS -- 3 27 -- Cu)'of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 12 of 65 OVERALL HOW WOULD YOU BUSINESS SIZE: EMPLOYEES "GRADE"THE BUSINESS CLIMATE IN THE CITY OF EDEN TOTAL <5 6-10 11-50 51+ PRAIRIE? SAMPLE (173) (86) (97) (40) ALL RESPONSES,ALL GRADES (400) GREAT PLACE FOR BUSINESS 44% 42% 37% 51% 55% UNFRIENDLY TO BUSINESS 19 20 15 22 15 NOTHING/NO PROBLEMS 14 14 12 17 12 GREAT PLACE TO 11 11 10 8 22 LIVE/COMMUNITY GREAT LOCATION 11 10 13 10 12 TRAFFIC 11 9 12 11 15 CONGESTIONS/ROAD/COMMUTE EXTRANEOUS CIRCUMSTANCES 3 5 3 -- 2 AVE/NO BETTER OR WORSE VS. 7 7 13 6 -- OTHERS City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 13 of 65 Overall how would you"grade"the business climate in the City of Eden Prairie? Here, an"A"would be"Excellent," a"B"would be"Above Average," a"C"would be "Average," a"D"would be`Below Average" and an"F"would be"Failing." B. I think the city is really tough regarding development. (Here 6-10 Years, 5 Employees) F. Support from the city council is non-existent. There is too much traffic on the roads in EP. There are tons of stoplights on 169 that do nothing but hold up traffic. (Here 6-10 Years, 1 Employee) B. I'm in the development business and it's difficult to develop in the city. They make the rules and enforce the rules, so they have political say. (Here 21+ Years, 2 Employees) B. We've tried to work with the city. We went to the City Council; we just wanted permission to put 10 cars outside. They just did not want to help us or work with us at all. The hardship is overwhelming! If we didn't live here, we would have moved the business. (Here 10-20 Years, 2 Employees) B. I think the city is growing and expanding, and there are some areas to improve on, like technology. Losing Best Buy was tough. We could also improve area retail. (Here 10-20 Years, 3 Employees) B. It's a great location, a great place to start a new business. It's right off a major highway. (Here 3-5 Years, 7 Employees) A. When we decided to move our business here, they didn't have any problems with it. We operate out of our home. (Here 1-2 Years, 2 Employees) B. We could have more involvement with school support. We are very involved in the community, and we tried to get involved but were shut out. (Here 6-10 Years, 4 Employees) C. They have too many rules about advertising. We can't have signs up in front to advertise specials. (Here 3-5 Years, 5 Employees) A. They do a lot better job than most cities. I've worked in 5 other cities, and EP is the most involved. (Here 10-20 Years, 6 Employees) D. A good example would be Grace Church, where they found sand on their property. The City Council decided to haul it in. They stink They always have. They're Socialist in the City Council. (Here 21+ Years, 1 Employee) B. They answer my questions. When I ask, they're helpful. They also order a lot of pizzas! (Here 10-20 Years, 10 Employees) C. It's really more the state tax burden than local issues. Worker's comp, inflation, and other issues are the reason for an average rating. (Here 6-10 Years, 150 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 14 of 6S F. No support from the city. They don't look out for smaller businesses,just the big companies. (Here 6-10 Years, 4 Employees) A. The town is clean, and since there is a lot of traffic it provides a lot of business. (Here 3-5 Years, 6 Employees) A. The government politics about business are good. (Here 6-10 Years, 9 Employees) F. We have been burglarized. The police need to do their job. They don't protect businesses from being burglarized. (Here 1-2 Years, 7 Employees) C. The city doesn't go out of its way to help businesses, and the taxes are high. (Here 10-20 Years, 24 Employees) A. It's huge for business growth and it's promoted in EP. (Here 10-20 Years, 35 Employees) A. It is new, and it seems like there's a lot of new things coming and going in EP. (Here 10- 20 Years, 6 Employees) A. I've always thought they did a good job of communicating. The location is good. (Here 10-20 Years, 45 Employees) A. The climate is good. There are a couple of larger corporations are in the area. (Here 3-5 Years, 110 Employees) A. The local government will be there when needed, and they frequent our establishment. (Here 6-10 Years, 1 Employee) A. The benefits of EP are the technical companies that are here, the available employees, primarily software engineers. The development of the Golden Triangle is helpful. (Here 6-10 Years, 4 Employees) C. It's reflective of the environment for small business in Minnesota. Eden Prairie is not friendly towards small businesses. (Here 6-10 Years, 60 Employees) B. There is a lot of hassle from the police because of speeding. We're off Washington, and there tends to be a lot of speeders. We've gotten complaints from customers. (Here 10-20 Years, 3 Employees) B. It's growing, so it's getting better as far as entertainment goes. It's easier to entertain a client. (21 Years+, 300 Employees) A. There are good services here. When I ask people why they chose me, they often say area. (Here 10-20 Years, I Employees) City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 15 of 65 B. We've been having some problems with infrastructure. There have been some power outages. We think they might be caused by reconstruction. (Here 3-5 Years, 120 Employees) A. EP feels like a professional suburb. (Here 3-5 Years, 4 Employees) B. The commercial customers in EP do not pick their own local contractors. We have not had a chance to do any commercial contracting because schools,parks, and residences cannot choose whom they do business with as far as electrical contracting is concerned. (Here 21+ Years, 18 Employees) B I think they have good support. They've done a good job of planning development of business. (Here 3-5 Years, 1 Employee) B—Still lacks roads. Moving around is a hassle. It's convenient for restaurants and other services. Taxes are not a positive. It's fairly accessible. We've had a couple burglaries in the past. (Here 21+ Years, 51 Employees) A—We have been very successful within the community and have a good working relationship with the city. (Here 21+ Years, 9 Employees) B—There's a lot of good businesses and great housing around. Taxes are a little high, but overall it's a great place to live and we have a lot of good business around. (Here 6-10 Years, 10 Employees) D—The traffic situation is bad. We are in the `pocket"of Flying Cloud Drive. There are only two exits out of here. (Here 10-20 Years, 2 Employees)) D—The way the community is mapped out is horrific. Most towns are in a square. EP is in a circle and it's hard to give direction. (Here 6-10 Years, 7 Employees) B—It's not that great because it thinks it is a good community, but the City Council is more interested in building residences than businesses. (Here 10-20 Years, 6 Employees) C—There are certain licensing issues hat are tough to deal with. I work out of my house, and it's tough for me to run my business. There are too many ordinances. (Here 6-10 Years, 1 Employee) D—The city is heavy-handed with some issues. For example, the Pickled Parrot palm trees. They made them take them out, and they need to be more flexible. (Here 10-20 Years, 6 Employees) A—We have had no problems with anything in the city. (Here 21+ Years, 40 Employees) C—As a business in EP, there is a lack of full service hotels for meeting our visitors'needs. EP roads are not laid out well. (Here 3-5 Years, 10 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 16 of 65 A Ilike everything in the area, like the amenities, the shopping, the housing, and the transit. (Here 3-5 Years, 15 Employees) B—They have served us well. We have good access, so our clients can get to us. The sity has been responsive to us. (Here 10-20 Years, 2 Employees) A—Most of the businesses around us are growing, and we are, too. The city is very inviting to new business. (Here 6-10 Years, 3 Employees) A It's an affluent community and we're in a good location to receive a lot of traffic. (Here 3-5 Years, 75 Employees) A—I'm a member of the Chamber, and the networking is great here. (Here 3-5 Years, 6 Employees) A—There's a large number of both large and small businesses headquartered here. The city has pushed development. (Here 6-10 Years, 20 Employees) A—It's close to the mall, and they've been making improvements to the city, like new lights and fixing roads. (Here 6-10 Years, 15 Employees) D—We have palm trees, the smoking ban, and the expansion of Flying Cloud. That's enough. (Here 6-10 Years, 5 Employees) A—Retail is thriving at the mall. It is hard to get reservations anywhere, and businesses are booming. (Here 3-5 Years, 100 Employees) B—From my location, some of the nearby buildings have a worn appearance, and it reflects poorly on my business. (Here 10-20 Years, 20 Employees) A—We've had nothing but good luck with our business, and we have no complaints. (Here 21+ Years, 6 Employees) Cit)'of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 17 of 65 H. DETAILED FINDINGS A. Status Quo 3. Reasons for Operating in Eden Prairie HIGHLIGHTS: • Business owners were asked to specifically name some of the things they liked about having a business in EP. Responses to an unaided,open ended question are seldom so overwhelmingly consistent. Two out of three respondents (64%) raved about EP's "Great Location," and 47% observed that it's a"Great Place for Business." • Next,business owners were read a list of items and asked to rate the importance of each item for operating in EP. The four items they selected included: (1) Good highway access (3) A great place to live and work (2) Low crime rate (4) Low taxes • RULE OF THUMB: For analytical purposes,I prefer to focus upon the percentage of respondents who select the"Top Box"rating(i.e.,rate the item"Very Importance.") A"Top Box"score represents commitment and conviction. Over the years,on a four-point scale,items receiving a"Top Box"category(i.e.,the item is "Very Important) of 50% or more are significantly more important than are items. UNAIDED RESPONSES WHAT ARE SOME OF THE THINGS YOU LIKE ABOUT HAVING YOUR BUSINESS IN EDEN PRAIRIE? (400) I GREAT LOCATION 64% Close to highways 20 Close to home 16 Good location 14 Close to clients 7 Close to airport 4 Easier to find/Get to 4 Close to employees 4 GREAT PLACE FOR BUSINESS 47 Diversity/Number of businesses 11 Potential for business/Growth 10 Good economyBusiness is good 5 Pro-business/Supportive 4 Nice/Easy to talk to/Professional 4 City services available/Maintain good services 4 Work at home/Convenience of working at home 4 I GREAT COMMUNITY/GREAT PLACE TO LIVE 27 Restaurants/Lots of restaurants 8 Parks/Open spaces/Green grass/Trees 6 High median income/People in area have money 4 City services available/Maintain good services 4 City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 18 of 65 AIDED I AM GOING TO READ YOU A LIST OF IMPORTANT UNIMPORTANT REASONS WHY BUSINESSES OPERATE Very Some Some Very IN EDEN PRAIRIE. AFTER I READ EACH REASON,PLEASE TELL ME IF THAT REASON IS .... Good highway access 73 24 -- 2 Low crime rate 63 29 2 5 A great place to live and work 57 38 1 4 Low taxes 51 28 4 12 High speed Internet access 48 26 4 21 Proximity to customers and/or suppliers 44 31 4 20 Access to workforce 35 38 5 20 Supportive city services 32 • 42 6 16 Good housing choices for you and your workers 32 37 8 21 Available building space and/or land 30 38 6 25 Parks,walking paths and other outdoor amenities 20 33 12 35 Access to public transportation 18 28 11 43 Presence of similar-type businesses 10 28 8 52 NOTE: May not add to 100% due to "Don't Know" responses. Ci4'of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 19 of 65 What are some of the things you like about having your business in Eden Prairie? I like it because all the things I'm interested in are in EP. There are also a wide variety of services available to me. (Here 10-20 Years, 5 Employees) The location off of 169 is nice, and people are cooperative. There hasn't been any decline in our business. (Here 10-20 Years, 2 Employees) Just the general demographics of the area. There's been growth;people here have money. (Here 21+ Years, 40 Employees) I'm not happy about being in EP. We're not close to anything, so there is nowhere to walk for lunch. There are a lot of trails and green grass. I guess I like that part. (Here 1-2 Years, 80 Employees) There's no access to major highways where they're not all plugged up. (Here 6-10 Years, 3 Employees) The location is very close to the airport, which is nice when we have clients coming in. (Here3-5 Years, 4 Employees) We live here, the church is here, the tennis club is here. It's close to the airport, so I can get out of here fast. (Here 10-20 Years, 2 Employees) It's close to home, I now feel the community is safe and clean, and there are better restaurants. (Here 3-5 Years, 5 Employees) It's a good industrial area. Since we are a restaurant, other businesses keep us in business. (Here 10-20 Years, 5 Employees) It's progressive, there are a lot of new homes, and the median income is high. (Here 10-20 Years, 3 Employees) The neighborhood is nice and the people are friendly. (Here 10-20 Years, 6 Employees) No one else nearby is quite like us. We're a photogenic community. (Here 21+ Years, 21 Employees)) There's a good mix of blue and white collar people. (Here 10-20 Years, 10 Employees) Good location, access to freeways, lots of parks, national recognition, and hotel availability. (Here 6-10 Years, 150 Employees) The customer base. The types of clients we serve are a good match financially with our business. (Here 10-20 Years, 10 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 20 of 65 I really don't like it here. They are is not good for businesses and there aren't really any attractions around here. (Here 1-2 Years, 7 Employees) The people are nice and friendly, and there are no real money problems. Everyone has a job, and people usually support local businesses. (Here 10-20 Years, 7 Employees) I like the fact that there are still natural amenities and access to a major freeway. (Here 3-5 Years, 8 Employees) It's a young community. I like it because it's expanding. (Here 6-10 Years, 3 Employees) It's a more affluent city. The clientele in the city has more money to spend. (Here 6-10 Years, 1 Employee) The location is good, off of 494 and 169. Good access for semi-trucks. (Here 6-10 Years, 3 Employees) Proximity. We are close to the airport and close to downtown, which is great of our staff and employees. (Here 21+ Years, 96 Employees) Beautiful center, manageable size, and a good mix of stores. We love being there, but we would like to see more support from the residences in EP. (Here 1-2 Years, 3 Employees) It's a more upscale area, but there are still trees and wildlife. (Here 3-5 Years, 5 Employees) It's kind of equal in terms of our homes'distance from work goes. We have people from Champlin, St. Michel, Hudson, Chaska, and Plymouth, so it's convenient. (Here 5-10 Years, 6 Employees) The customers are friendly and courteous, and I enjoy working here in EP. (Here 10-20 Years, 6 Employees) I like EP. I like the way it's been adding entertainment businesses, and there are a lot of technology businesses that help my company. (Here 1-2 Years, 6 Employees) I like being close to different resources, like Office Depot and DSL. However, I do question some aspects of the permit process. I do groundwater testing, and I needed a water softener, but I had to get a permit for it. (Here 6-10 Years, 1 Employee) We like the church services. There are lots of denominations. There's a lack of medical services. (Here 3-5 Years, 25 Employees) It has a good, diverse population, and they have good values. (Here 10-20 Years, 3 Employees) Location, the people, and the fact that the financial aspects work well for my business because we are in a service industry. (Here 3-5 Years, 6 Employees) City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 21 of 65 II. DETAILED FINDINGS A. Status Quo 4. Serious Issues HIGHLIGHTS: • Respondents were then asked about serious issues facing their businesses. It should be noted that interviewers were told to"probe extensively" on this item,so answers may appear a little bit more negative than they actually are. • Almost one-half of EP business owners(47%)felt they faced an unfriendly environment. As might be expected("more people,more problems"),larger businesses tended to cite problems at higher percentages than smaller businesses. WHAT DO YOU THINK ARE THE MOST SERIOUS ISSUES FACING YOUR BUSINESS IN EDEN PRAIRIE? (400) I UNFRIENDLY TO BUSINESS 47% High taxes/Need to lower taxes 15 Attract/Retain new, more businesses 6 Competition 5 Don't pass smoking ban 4 Lack of skilled/educated/reliable workers 4 High cost of space/More reasonable rent/Cost of space 4 Too many restrictions/Not flexible 3 Better/Easier access to highways 3 CONGESTIONBETTER ROADS/COMMUTING TIME 18 EXTRANEOUS CIRCUMSTANCESBEYOND MY CONTROL 18 Slow/Bad economy 16 Has nothing to do with Eden Prairie 2 COMMUNITY COMPLAINTS/EP FLAWS 5 Need more/better public transportation 2 Need access to/Better city services 2 NOTHING/NO PROBLEMS 16 OVERALL HOW WOULD YOU BUSINESS SIZE: EMPLOYEES "GRADE"THE BUSINESS CLIMATE IN THE CITY OF EDEN TOTAL <5 6-10 11-50 51+ PRAIRIE? SAMPLE (173) (86) (97) (40) ALL RESPONSES,ALL GRADES (400) UNFRIENDLY TO BUSINESS 47% 47% 41% 53% 47% CONGESTIONBETTER ROADS 18 16 20 22 22 EXTRANEOUS CIRCUMSTANCES 18 22 14 11 30 COMMUNITY COMPLAINTS 5 4 7 4 10 NOTHING/NO PROBLEMS 16 17 19 14 10 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 22 of 65 What do you think are the most serious issues facing your business in Eden Prairie? There's no protection from the police force. They need to do their jobs. (Here 1-2 Years, 7 Employees) Transportation. We have changed our hours of operation because of the traffic. (Here 21+ Years, 13 Employees) My company does a lot of business with Best Buy. I don't know what they are going to do with the space. It's going to hurt as lot of businesses. (Here 3-5 Years, 3 Employees) Real estate taxes. The taxes drive my overhead. Every nickel pay in taxes leaves my business. (Here 10-20 Years, 24 Employees) Transportation is obviously an issue. What they do with 312 will be very important. Bus service and light rail will affect us more than anything. (Here 6-10 Years, 4 Employees) We are extremely overtaxed. I own a building here, and it is extremely overtaxed. Makes it hard to live and work here. (Here 10-20 Years, 11 Employees) The economy, because it is down at the time. Big businesses are buying out small businesses, and those small businesses have nowhere to turn. (Here 10-20 Years, 5 Employees) Staffing, getting employees in here to be reliable. We have mostly teens, and turnover is high. (Here 6-10 Years, 8 Employees) Taxes—that's the only thing that affects me. And also road access. Traffic is a mess here. I would never put my business here. (Here 21+ Years, 1 Employee) Stability of infrastructure is a major issue. Because if we lose power, we have nothing to work with, since we're a telecommunications firm. (Here 3-5 Years, 120 Employees) Finding qualified employees. There are not many who are interested in filling these types of jobs. (Here 3-5 Years, 12 Employees) Some of the businesses are no longer around, and there are lots of signs for leasing and renting. It's tough on our business. (Here 3-5 Years, 7 Employees) High property taxes. We don't own a huge amount of land, but it is very expensive to run a business in EP. (Here 21+ Years, 18 Employees) Taxes. They are way too high, and they don't match up with everything that s supposed to be accounted for. (Here 10-20 Years, 35 Employees) There is a lot of new competition coming up. The roadways make businesses accessible only from one direction. (Here 3-5 Years, 35 Employees) City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 23 of 65 Traffic, congestion as a whole. When you hire a salaried person, they look at commute time_ (Here 10-20 Years, 125 Employees) Growth outwards, and families moving out to Chaska and Chanhassen. (Here 6-10 Years, 20 Employees) The traffic and the smoking ban. I smoke a pipe, and being 20 feet or whatever the distance is away is ridiculous. (Here 5-10 Years, 2 Employees) Our location needs mapping and more signage so people understand how the city of EP is laid out. (Here 6-10 Years, 7 Employees) The City Councils meddling in the affairs of businesses, like with the smoking ban. (Here 6- 10 Years, 2 Employees) High taxes, road congestion, the dumbing down of public schools, and the concerns of the reach of the City Council. (Here 10-20 Years, 6 Employees) Getting into and out of the Golden Triangle. There are not enough points to leave. (Here 21+ Years, 2 Employees) Overall, the economy. We are a rental company, and with more people buying homes rather than renting, it's getting hard to find clients. (Here 10-20 Years, 4 Employees) Office space and leasing is pretty pricey. There is a lack of larger warehouse facilities. (Here 10-20 Years, 14 Employees) Keeping the school orchestra programs alive so that kids can join our program, and vice versa. (Here 3-5 Years, 1 Employee) The traffic is so bad that I won't go anywhere during the rush hours because it is ridiculous to fight through that mess. (Here 3-5 Years, 1 Employee) • Assessments on property are not always in line with Hennepin County. (Here 3-5 Years, 25 Employees) Traffic is horrible! They continue to build where the highway access is already[expletive deleted]! (Here 21+ Years, 15 Employees) The affordability and availability of office space. If there is a lack of office space, the price goes up. (Here 6-10 Years, 20 Employees) Competition with other restaurants, and the smoking ordinance, which will be a major concern for my customers if it is passed. (Here 6-10 Years, 25 Employees) The economy, which doesn't really have to do with EP. We have issues with credit and now that the economy is down, we do not have a lot of customers with good credit. (Here 3-5 Years, 3 Employees) City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 24 of 65 II. DETAILED FINDINGS A. Status Quo 5. Economic Development Division: Wants & Needs HIGHLIGHTS: • After being reminded that there was an Economic Development Division, business leaders were asked what it should focus on. One third of the respondents (33%)just felt it should"Cater to Business." (Interestingly, 13% didn't even know such a department existed.) • Next,business owners were read a list of items and asked to how much of a focus the division should take on each item. The two items which received"Top Box" ratings over 50% (i.e., "Great Focus) included: (A) Retaining existing businesses (B) Building roads and highways. UNAIDIED AS YOU MAY KNOW THE CITY OF EDEN PRAIRIE HAS AN ECONOMIC DEVELOPMENT DIVISION. WHAT ARE SOME ITEMS THAT YOU FEEL THE ECONOMIC DEVELOPMENT (400) DIVISION SHOULD FOCUS ON? CATER TO BUSINESS (NET) 33% Attract/Retain new/more business customers 11 High taxes/Need to lower taxes 7 No pro-business/Not supportive/Focus on needs of business 4 More supportive of small business 3 Need access to/Better high tech services 3 Too many restrictions/Not flexible 3 CONGESTIONBETTER ROADS/COMMUTING TIME 17 COMMUNITY COMPLAINTS/EP FLAWS 12 Need more/better public transportation 4 More affordable housing 2 DON'T KNOW 25 UNAWARE OF ECONOMIC DEVELOPMENT DIVISION 13 NOTHING/NO PROBLEMS 8 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 25 of 65 .AIDED I AM GOING TO READ YOU A LIST OF Great Some Little No Focus ITEMS WHICH THE ECONOMIC Focus Focus Focus Whatso- DEVELOPMENT DIVISION COULD ever FOCUS ON. AFTER I READ EACH ITEM, • PLEASE TELL ME IF THE ECONOMIC DEVELOPMENT DIVISION SHOULD HAVE.... Retaining existing businesses 70 23 3 2 Building roads and highways 61 27 7 4 Recruiting new businesses 48 36 8 7 Improving communication with businesses 34 50 7 8 Small business loans/grants 34 42 12 9 Investing in redevelopment 28 46 13 10 Assisting existing businesses with space needs 27 40 15 15 Building workforce or affordable housing 27 39 17 15 OTHER MENTION: Lowering taxes (n=6) 100 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 26 of 65 As you may know the City of Eden Prairie has an Economic Development Division. What are some items that you feel the Economic Development Division should focus on? PROBE: Anything else? The traffic jams. It takes about an hour to drive 15 miles. (Here 6-10 Years, 3 Employees) Attract business to that enhances the city, and reduce taxes. (Here 3-5 Years, 4 Employees) Attraction of businesses to EP, and cooperation with those business. Look at the Pickled Parrot. The city made him take down the palm tree he had outside! Ridiculous. (Here 10-20 Years, 2 Employees) Should have more emphasis on an industrial park. The needs to be more zoning for the industry. (Here 21+ Years, 3 Employees) I wish they'd have better signage. The interchange around EP Center seems to have signs in secret code. I feel as if they're trying to control traffic by directing you to drive in circles. (Here 1-2 Years, 2 Employees) More marketing. People aren't notified. Banners are against the city ordinance. We need to advertise, but if you're not a member of the Chamber of Commerce you have no control. (Here 6-10 Years, 4 Employees) Make traffic less congested and increase the speed limits. (Here 3-5 Years, 5 Employees) Traffic congestion, and they need to keep their noses out of private businesses. Let the business run itself Don't tell them what to do. (Here 21+ Years, 13 Employees) They are doing a good job of diversifying, but in order for small businesses to survive, they can't tax them quite so much. (Here 10-20 Years, 24 Employees) Stay the hell out of commercial business. They should not be in any land development. (Here 10-20 Years, 3 Employees) Encouraging and networking of EP businesses. Then business would know that support is available. (Here 10-20 Years, 1 Employee) Should be working toward making sure that there is appropriate housing available to support different economic levels. (Here 3-5 Years, 8 Employees) Overbuilding and population issues. Too many buildings are congesting in this area of the city. (Here 10-20 Years, 5 Employees) Highways and roads. Because we are a trucking business. We can no longer get from Point A to Point B without it taking a considerable amount of time. (Here 6-10 Years, 60 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 27 of 65 Do a better job of promoting the Chamber of Commerce and the resources available. (Here 1-2 Years, I Employee) Just keeping property taxes in check, not raising them substantially. (21+ Years, 300 Employees) Public transportation. There need to be more bus connections to the hubs, working it better with other transportation. (Here 3-5 Years, 2 Employees) Incentives for new businesses, like some sort of tax break. (Here 6-10 Years, 2 Employees) Expansion of roads, rather than land development. (Here 10-20 Years, 6 Employees) City officials are unreasonable about giving out permits. The Pickled Parrot is a good example. (Here 3-5 Years, 12 Employees) Building up the central area, like a downtown. Congestion on 169 and 494 is terrible. (here 21+ Years, 40 Employees) Getting more businesses. The current trend is to rezone existing property in the residential areas. They need to focus on businesses. (Here 3-4 Years, 15 Employees) I was disappointed that they did not give big businesses like Sam's Club a chance to be here, because they would have added a whole new dimension to shopping. (Here 3-5 Years, 25 Employees) Improving the access to businesses and improving the availability of high speed Internet access. (Here 10-20 Years, 8 Employees) Lowering property taxes. It's hard to conduct business here because it's so high. (Here 1-2 Years, 2Employees) They do dumb things. At one of my stores, they want to put up trees in front of the whole mall, so you won't be able to see the stores. They are more concerned with ducks than businesses. They are not business friendly. They need to focus on business needs. (Here 10-20 Years, 3 Employees) They're concentrating too much on housing. We need more businesses, not houses. (Here 6- 10 Years, 2 Employees) They should focus on working with potential businesses. They could work with current businesses as far as continuing to fast economic development. (Here 10-20 Years, 40 Employees) Be aware of what other cities are doing to encourage business so EP can stay competitive. (Here 21+ Years, 6 Employees) City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 28 of 65 II. DETAILED FINDINGS B. Usage/Satisfaction with City Services HIGHLIGHTS: • Exactly 50% of the business owners had contacted the City of Eden Prairie at least one time during the past year for a very wide variety of reasons. • Respondents' level of satisfaction with the way they were treated was very impressive. Over three out of four respondents(77%)were Satisfied,with the overwhelming majority(54%)being"Very Satisfied." These are excellent customer satisfaction scores—for any business! DURING THE PAST YEAR,HOW MANY TIMES HAVE YOU CONTACTED THE CITY OF EDEN PRAIRIE ON AN (400) OFFICIAL BASIS? Zero/None 50% One 13 Two 11 Three—Five 9 Six or More 10 Don't Know 7 MEAN 4.8 Times One person each had contacted the City 100, 150, 200 and 300 times! WHAT WAS THE NATURE OF YOUR MOST RECENT CONTACT WITH(INSERT CITY DEPARTMENT)? (171) COMMUNITY COMPLAINTS/EP FLAWS 82% Alarm/Burglary/Assault 19 Building permits 13 Zoning/Property/Development 12 City codes 6 Fire code inspection 6 Business/Liquor license 6 Tax information, dispute 5 Traffic/Street issues 5 Animal control issues 2 BUSINESS WITH CITY 8 DON'T PASS SMOKING BAN 3 DON'T KNOW 3 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 29 of 65 IN GENERAL,HOW SATISFIED WERE YOU WITH THE WAY IN WHICH THAT CONTACT WAS HANDLED BY THE CITY? (171) WERE YOU... I SATISFIED(NET) 77% Very Satisfied I 54 Somewhat Satisfied 23 Neither Satisfied nor Dissatisfied 23 Somewhat Dissatisfied 8 Very Dissatisfied 3 Don't Know 4 WHY WERE YOU..... Very Somewhat Some/Very Satisfied Satisfied Dissatisfied (92) (40) (20)* GREAT PLACE FOR BUSINESS 99% 78% 10% I Responsive/Helpful/Fast/Knowledgeable 91 65 5 Nice/Easy to talk to/Professional 24 17 5 UNFRIENDLY TO BUSINESS -- 27 95 I NOT Responsive/Helpful/Fast/Knowledgeable -- 22 85 Too many restrictions -- 2 15 Don't pass smoking ban -- 2 -- High taxes/Need to lower taxes -- -- 10 NOTHING/NO PROBLEMS 2 2 -- I City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 30 of 65 In general,how satisfied were you with the way in which that contact was handled by the city? Were you... Why do you say that? Very Satisfied 1 Somewhat Satisfied 2 Neither Satisfied nor Dissatisfied 3 Somewhat Dissatisfied 4 Very Dissatisfied 5 1. Because the city took responsibility for a problem they had caused. (Here 10-20 Years, 5 Employees) 2. Some people were very nice, but some would not give you the time of day. (Here 21+ Years, 2 Employees) 1. The staff is always friendly and helpful. They answer all of my questions. (Here 21+ Years, 40 Employees) 1. I got a complete and accurate information with the first call. The person talking to me knew the rules. (Here 3-5 Years, 33 Employees) 2. I basically got my answers. But it was longer than I thought it would take. They were very nice about it! (Here 10-20 Years, 3 Employees) 1. The next day after the compliant, the crew was throwing all their trash in a dumpster. I made a second complaint, and both times it was handled very professionally. He understood my being upset. (Here 1-2 Years, 2 Employees) 1. They returned my phone calls promptly and handled it very nicely. (Here 6-10 Years, 4 Employees) • 2. We had to spend some money, but they are nice about it. (Here 21+ Years, 21 Years) 1. My building inspector, John, died recently. He was happy with my wall. He said he wished contractors built like I did. (Here 1-2 Years, 11 Employees) 2. The building inspector came and inspected an area that had already passed muster, but he did good work (Here 3-5 Years, 6 Employees) 1. They handled it very efficiently. They introduced the program Energy Star, gave us our forms and handled it well. We received our rebate immediately after that. (Here 10-20 Years, 24 Employees) 1. Everything went smoothly. Usually there is something that holds up the process, but everything went well. (Here 10-20 Years, 3 Employees) 1. They handled it very quickly. They handled the follow-up. (Here 21+ Years, 17 Employees) City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 31 of 65 I_ They took care of the problem. The made sure that everything was resolved, though they never caught the guy who did it. (Here 10-20 Years, 5 Employees) 5. We haven't had any word from them yet, and we contacted them six months ago. (Here 21+ Years, 5 Employees) 1. There were half a dozen people who came out to make sure that it was done correctly. It was well taken care of (Here 3-5 Years, 12 Employees) 2 Their issue was how valuable our property was, and they weren't going to change their minds. (Here 3-5 Years, 22 Employees) 4--They called me back, but it was whitewashed. It was not seriously dealt with. Nothing was changed as a result of my complaint. (Here 10-20 Years, 1 Employee) 2—The intensity used to solve our three burglaries was not as great as the intensity they had when I got caught speeding. (Here 21+ Years, 51 Employees) 2-No one jumped up and down and told me anything bad about the city, so I guess it went OK I didn't have any problems. (Here 10-20 Years, 125 Employees) 5—They were polite, but I fundamentally disagree with their position. (Here 6-10 Years, 10 Employees) 2—The Fire Department was quick to respond, but the police took three weeks to return my call. (Doesn't Know Tenure, 200 Employees) 5--There was a large sinkhole in the road, and I called the police, who contacted engineering. They said they had no jurisdiction in the matter. It was finally fixed, but only after many complaints. (Here 3-5 Years, 25 Employees) 3—There was no communication with the police. We were robbed, they took a report, and then there was no follow up on their part. (Here 10-20 Years, 6 Employees) 5—They charged me for an alarm that went off, and they said it was a false alarm. (Here 6- 10 Years, 8 Employees) 1-Everybody that we were in contact with was very nice. (Here 1-2 Years, 15 Employees) 2-Prior to my call, I was confused as to what their policy allowed regarding alarms going off, and when they started charging to come over and check Now their policy is clear. (Here 3-5 Years, 10 Employees) 2-It was handled properly. Nothing exceptional. (Here 1-2 Years, 15 Employees) 3—They fixed the lights to a certain degree, but not to where it would have been nice. We don't really have any real complaints with the city. (Here 10-20 Years, 3Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 32 of 65 II. DETAILED FINDINGS C. Future Plans HIGHLIGHTS: • In for the Long Haul: Almost six out of 10 EP business (59%) expect to be here for 10 "Years or More." • Only 9% have plans to move. Those few who do plan to move cited the unfriendly business environment. On the other hand, only 29% stated that there was "Nothing" EP could do to get them to stay. AS THINGS STAND NOW, HOW LONG IN THE FUTURE DO YOU EXPECT THIS BUSINESS TO OPERATE IN EDEN (400) PRAIRIE? Less than two years 7% Between three and five years 13 Between six and 10 years 12 10 Years or More 59 Between 10 and 20 years 19 21 years or more 40 Don't Know 9 DO YOU.HAVE ANY PLANS TO MOVE YOUR BUSINESS TO (400) ANOTHER COMMUNITY? No 91% Yes 9 Could you tell me why? REDUCED BASE (38) UNFRIENDLY TO BUSINESS 63% High cost of space/More reasonable rent/Cost of space 26 Space/Building we need not available/Not met 16 High taxes 8 Not pro-business/Not supportive/Focus on needs of biz 5 Attract/Retail new/more business/customers 5 EXTRANEOUS CIRCUMSTANCES 18 Moving home out of Eden Prairie 13 Slow/Bad economy 3 Corporate decision 3 CONGESTIONBETTER ROADS/COMMUTING TIME 10 BETTER LOCATION 10 Closer to employees 5 Easier to find/get to 3 Closer to clients 3 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 33 of 65 WHAT,IF ANYTHING,COULD THE CITY DO TO KFF,P YOU (38) IN EDEN PRAIRIE? I MORE FRIENDLY TO BUSINESS 47% More reasonable rent/Cost of space 18 Need to lower taxes 10 Be more supportive/Focus on needs of business 10 Be more flexible 5 Be more responsive 5 Need more land available for indust/commercial development 5 BETTER ROADS/COMMUTING TIME 10 HAS NOTHING TO DO WITH EDEN PRAIRIE 8 GET CLOSER TO EMPLOYEES/CLIENTS 5 NOTHING - 29 WITHIN THE NEXT FIVE YEARS,DOES YOUR Yes No Don't BUSINESS HAVE PLANS TO... (N=400) Know Expand in Eden Prairie 30 61 10 Renovate in Eden Prairie : 20 71 9 Relocate in Eden Prairie 16 74 10 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 34 of 65 Do you have any plans to move your business to another community? YES: Could you tell me why? The availability of land. The land isn't available. (Here 10-20 Years, 3 Employees) We want to move out into Chaska. We already have 17 metro stores, and we want to expand further west. (Here 10-20 Years, 2 Employees) I don't need to fight my city. It's ridiculous when you have to get something done. (Here 10- 20 Years, 2 Employees) High rent and poor traffic. I'm getting fewer people, and the rent's getting higher. (Here 10- 20 Years, 5 Employees) Yes proximity,plus lacking high speed Internet access. (Here 3-5 Years, 2 Employees) If we can't find affordable space for our office and warehouse. We won't really have a choice. I love EP and have lived here for over 20 years. I don't want to move, but if I can't find the space, I will have to go elsewhere. (Here 6-10 Years, 10 Employees) I will only move f the roads do not improve. (Here 10-20 Years, 2 Employees) Downsizing. We are going from over 30 people down to three. (Here 3-5 Years, 3 Employees) What, if anything,could the City do to keep you in Eden Prairie? Cooperate with us, and allow us to do the things we need to do to run our businesses! (Here 10-20 Years, 2 Employees) Nothing except for high speed Internet access, and possibly proximity to clients. (Here 3-5 Years, 2 Employees) Discuss with me in depth about my business and about generating more business. (Here 6-10 Years, 7 Employees) Run a well-managed city, absent from politics. Politics are self-serving. (Here 10-20 Years, 3 Employees) Improve roadways because I can't get anywhere here. It takes 10 minutes to go two-three miles. (Here 21+ Years, 1 Employee) If they could offer programs that would help businesses get more affordable office space so we can continue to grow with the city. Otherwise, we will look in other cities that have cheaper taxes and developable land. (Here 6-10 Years, 10 Employees) Improve the roads because they are so bad. (Here 10-20 Years,2 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 35 of 65 II. DETAILED FINDINGS D. Miscellaneous Issues 1. Telecommuting HIGHLIGHTS: • Almost one-third of all businesses (31%) allow some percentage of their employees to telecommute. • An average of one-third of those employees (32%)telecommute from those businesses which allow telecommuting. DOES YOUR BUSINESS ALLOW ANY EMPLOYEES TO (400) TELECOMMUTE? Yes 31% What Percentage of your employees telecommute? (126) Five percent or less 29% 7— 10% 20 15 —50% 21 60 or More 20 Don't Know 10 MEAN 32% MEDIAN 10% No 69% Why not? (274) No need/Doesn't apply to our business 90% Don't Know 6 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 36 of 65 II. DETAILED FINDINGS D. Miscellaneous Issues 2. Hodge Podge HIGHLIGHTS: Toward the end of the interview, a myriad of topics were addressed: • More than three times more business leaders reported that the availability of workforce or affordable housing for recruiting and retention had a positive(32%) vs.negative(9%) impact. • Three out of four respondents (75%) felt the property taxes they pay and the quality of city services they receive was Average to Excellent. • Over one-quarter of the business owners (28%)were interested in a website portal. • Two-thirds of the respondents'(66%)felt there was "No Need at All"for large meeting areas. • Eight out of 10 respondents (81%) stated that EP would benefit"A Great Amount/Somewhat" from the creation of a new organization of a broad range of groups to promote EP businesses and residences. However, only 1% would help to organize this new organization. • Business leaders were fairly evenly split about being Interested(48%)vs. Uninterested (40%) in partnering with local educational institutions. • Finally, business owners were twice as likely to be Satisfied (37%)vs.Dissatisfied (16%)with their access to local government's decision-making processes. WHAT IMPACT,IF ANY,DOES THE AVAILABILITY OF WORKFORCE OR AFFORDABLE HOUSING IN EDEN PRAIRIE HAVE ON YOUR ABILITY TO RECRUIT AND (400) RETAIN QUALIFIED WORKERS? IS THE IMPACT Positive (Net) 32% Very Positive 10 Somewhat Positive 22 No Impact at All 58 Negative(Net) I 9 Somewhat Negative 5 Very Negative 4 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 37 of 65 WHEN YOU CONSIDER THE PROPERTY TAXES YOU PAY AND THE QUALITY OF CITY SERVICES YOU RECEIVE, WOULD YOU RATE THE GENERAL VALUE OF CITY (400) SERVICES AS... Excellent to Average(Net) 78% Excellent 9 Very Good 39 Fair/Average 30 Could be Better 10 Poor 2 Don't Know/Refused 10 IF THE CITY OF EDEN PRAIRIE OFFERED A WEBSITE APPLICATION TO ALL EDEN PRAIRIE BUSINESSES AND/OR A DIRECT LINK TO YOUR BUSINESS WEBSITE AT (400) MINIMAL COST,WOULD YOU PARTICIPATE IN SUCH A PROGRAM? Yes 28% No 57 Don't Know 14 HOW MUCH OF A NEED DOES YOUR COMPANY HAVE FOR LARGE MEETING AREAS, SUCH AS CONFERENCES OR (400) CONVENTIONS? Great Need 4% Minor Need 29 No Need at All 66 HOW MUCH DO YOU THINK EDEN PRAIRIE WOULD BENEFIT FROM THE CREATION OF A NEW ORGANIZATION COMPRISED OF BUSINESSES,THE CHAMBER OF COMMERCE, CITY GOVERNMENT,EDUCATIONAL (400) INSTITUTIONS AND OTHERS THAT WOULD PROMOTE EDEN PRAIRIE BUSINESSES AND RESIDENCES? A Great Amount to Somewhat(Net) 81% A Great Amount 23 Somewhat 58 None at All 14 Don't Know 4 City of Eden Prairie Business Survey-FINAL REPORT DRAFT Page 38 of 65 WOULD YOU BE INTERESTED IN (400) Helping to organize this new organization 1% Becoming a member of this new organization 29 Both 10 Neither 60 HOW INTERESTED ARE YOU IN PARTNERING WITH LOCAL EDUCATIONAL INSTITUTIONS IN INTERNSHIP OR OTHER (400) RELATED PROGRAMS? VERY/SOMEWHAT INTERESTED I 48% Very Interested 15 Somewhat Interested 33 Neither Interested nor Uninterested 10 SOMEWHAT/VERY UNINTERESTED I 40% Somewhat Uninterested 14 Very Uninterested 26 Refused 1 WHEN LOCAL GOVERNMENT MAKES DECISIONS OR PASSES REGULATIONS THAT IMPACT YOUR BUSINESS, HOW SATISFIED ARE YOU WITH THE AMOUNT OF (400) ACCESS YOU HAVE TO THE DECISION-MAKING PROCESSES? VERY/SOMEWHAT SATISFIED I 37% Very Satisfied 6 Some Satisfied 31 Neither Satisfied nor Dissatisfied 41 SOMEWHAT/VERY DISSATISFIED 16 Somewhat Dissatisfied 9 Very Dissatisfied 7 Refused 6 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 39 of 65 II. DETAILED FINDINGS E. "One Wish" HIGHLIGHTS: • Finally,in a"right brain wrap up question,"business owners were asked to name the one wish they had for the City of Eden Prairie regarding their businesses. In retrospect,this question was much like the earlier-asked question, "What do you think are the most serious issues facing your business in Eden Prairie?" • In fact, respondents' replies were nearly identical(See Page 13). For example,in answer to this question, 47% suggested that the City be"Friendlier to Business." In the earlier question,47% stated that the"most serious issue"was an environment "Unfriendly to Business." ONE FINAL QUESTION BEFORE WE WRAP WITH A FEW DEMOGRAPHIC QUESTIONS. IF YOU HAD ONE WISH FOR THE CITY OF EDEN PRAIRIE REGARDING YOUR (400) BUSINESS,WHAT WOULD THAT ONE WISH BE? I FRIENDLIER TO BUSINESS 47% High taxes/Need to lower taxes 10 Attract/Retain new,more business customers 9 Too many restrictions/Not flexible/Be more flexible 7 Be more supportive/Focus on needs of business 4 Keep businesses more informed/More community news 3 Better/Easier access to highways 3 More supportive of small businesses 3 CONGESTIONBETTER ROADS/COMMUTING TIMES 19 COMMUNITY COMPLAINTS/EP FLAWS 10 Need more/better public transportation 4 Need access to/Better city services 2 NOTHING/NO PROBLEMS 17 DON'T KNOW 8 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 40 of 65 One final question before we wrap up with a few demographic questions. If you had one wish for the City of Eden Prairie regarding your business,what would that one wish be? Use your imagination! Less government across the board. We don't need their interference. It hampers us in every way. (Here 10-20 Years, 5 Employees) Get rid of the nonsense liberal ideas. Don't put up with all these parks, trails, and other non- revenue producing entities. (Here 10-20 Years, 1 Employee) Don't impose too many regulations. The proposed smoking ban is too severe. (Here 21+ Years, 40 Employees) Do your basic jobs and leave me alone. (Here 3-5 Years, 4 Employees) Improve the traffic. There needs to be more lanes, and you need to get to the root of the problem. (Here 3-5 Years, 5 Employees) Just keep off my back I think that should say it all. (Years 3-5 Years, 33 Employees) Highway access. Have something other than 494 for access from the east. (Here 3-5 Years, 2 Employees) • I realize I'm being unrealistic, but I'd like them to send me all their work-comp cases from city employees. (Here 1-2 Years, 2 Employees) More road signs and advertising. Give people more choices and greater visibility. (Here 6- 10 Years, 4 Employees) Have some rhyme or reason to your street system. It is confusing and makes it hard for me to do business. (Here 3-5 Years, 5 Employees) I wish that the owners of the multi family housing stock would come together and tackle some of the challenges they have as a group. (Here 6-10 Years, 7 Employees) There are really good small business incentives. Lower taxes for business. Columbia Heights had done things to have businesses help the city, and in return the business gets a tax break (Here 1-2 Years, 11 Employees) I wish they would put out a newsletter to keep businesses informed of the decisions they are making. (Here 10-20 Years, 10 Employees) I'd like to have a vote in referendums that raise taxes. I don't have a vote, so I don't have a say. (Here 6-10 Years, 4 Employees) Proper protection. We need better police. They need to do their jobs and protect businesses from being burglarized. (Here 1-2 Years, 7 Employees) City of Eden Prairie Business Survey-FINAL REPORT DRAFT Page 41 of 65 Communicate with business more often. That means a lot to me. (Here 10-20 Years, 35 Years) Develop a way for a small tech business to have a relationship with the city of EP. (Here 10- 20 Years, 1 Employee) I wish that some entity could offer for hire a board of directors for small businesses. Most small business owners have to rely on their skills or lack thereof If there were a board, it might be a place to go for ideas. (Here 3-5 Years, 8 Employees) That government officials would focus on things that actually matter to small businesses. These concerns need to be outside of telling the businesses what they can and can't do. Simplify. It is not up to the city government to determine how a person runs his or her business. (Here 6-10 Years, 60 Employees) That the government would stay out of private business issues. There is not room for government in private business operations. (Here 21+ Years, 5 Employees) Like I said, the only thing that really affects our business is highway access. We have great highway access, so I don't know what more EP could do for us. (Here 6-10 Years, 3 Employees) Better traffic lights—in some areas, they're goofy. There are also too many lights. Traffic cops checking trailers. I know they have to do it, but many of our customers have trailers, and it's an inconvenience. (Here 10-20 Years, 3 Employees) I'd like to have an entrance to my building from the street. I'm at 8140 Flying Cloud Dr., but there's no way to get into by building from Flying Cloud Dr. (Here 10-20 Years, 1 Employee) Reducing the property taxes for my building. They're too high. I have to pass the tax on to renters in my building. (Here 21+ Years, 50 Employees) A designated space for business resources in the city. Mailing lists,permit information would be nice. Something interactive with residents that promotes business. (Here 3-5 Years, 1 Employee) For EP to be an enabler, to create an environment that encourages access to senior decision makers, and to allow it to be done through conferences or the Internet. This can be done through capital expenditure. Development is a people business, not just a senior decision maker's business. Keep the EP Community Center running. It's good because it provides low cost access to senior decision makers. That's something that could be built up. (Here 10-20 Years, 1 Employee) More local advertising forEP businesses. Many people don't even know we're here. If they had a community business listing available to residents, I think it would help all of the businesses in EP. (Here 10-20 Years, 6 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 42 of 65 Encourage people to shop locally. Put information in a newsletter to support local businesses. (Here 10 20 Years, 23 Employees) We would like more business around here. That's it. (Here 3-5 Years, 2 Employees) I wish that EP would mind their own business. They're planning to make smoking illegal at any business. It's not up to EP. I don't smoke, but the City should not tell us what to do. (Here 10-20 Years, 3 Employees) Better access to marketing. They always take down our signs. We put them on the corner of our property, which is also the City's property, and they don't like that. (Here 6-10 Years, 20 Employees) I'd love to have the space to let my company grow without it costing me an arm and a leg. With the overhead cost like rental space, warehouse space, insurance,permits, and everything that goes into running this business. (Here 6-10 Years, 10 Employees) They should be more or less businesses specific. There ought to be more reciprocity with other cities and states. One example is the fact that they limited my FedEx deliveries to once per day. Traffic is also a big problem. I would like to see a light rail system. (Here 6-10 Years, 1 Employee) Make 494 into six lanes in both directions. I realize it's a state issue, but they ought to lobby the state. Transportation is key. (Here 10-20 Years, 6 Employees) I wish they would focus on the important things and not make EP a joke. They're over dramatic with things like palm trees, smoking bans, etc. (Here 21+ Years, 40 Employees) Having a website to be connected to. (Here 21+ Years, 2 Employees) Expand DSL coverage throughout the town so that everybody is able to get it. (Here 10-20 Years, 2 Employees) Put pressure on the legislature to get 494 widened. It's impossible to get anywhere. (Here 21+ Years, 37 Employees) I wish that the City would do more with the mass transit. I wish there were more buses that went down into the city. I wish they would get the light rail working. (Here 6-10 Years, 1 Employee) Lower taxes, because I'm a one man band and I pay $20,000 in property taxes. (Here 3-5 Years, 1 Employee) Better cell phone communication and better signal strength for cell phones. (Here 10-20 Years, 1 Employee) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 43 of 65 I wish they would operate more like Wayzata and Plymouth. In EP, residents get more information on the local government and local issues. Plymouth and Wayzata keep businesses up to date. (Here 6-10 Years, 8 Employees) More communication with business, so that we know what's going on in the city. (Here 3-5 Years, 10 Employees) For the city of EP to think more globally of itself as a member of the Twin Cities metro area, not a bastion unto itself. (Here 3-5 Years, 100 Employees) Have an open forum to discuss how EP can become a haven for small businesses. Minneapolis is more for the big businesses, so I think EP should do everything it can to entice small businesses to come. (Here 21+ Years, 6 Employees) City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 44 of 65 III. SUMMARY& RECOMMENDATIONS The purpose of this study was two-fold: • To identify and thoroughly understand the wants and needs of the City of Eden Prairie's business community. • To identify ways in which the City can even better serve the needs of those business constituents. SUMMARY RECOMMENDATIONS Sample Like most cities,EP is dominated by Many implications here,regarding Profile small businesses (Median business programs for small businesses—"high size of 7 fulltime employees.) At the touch." Also, one way of encouraging same time,EP is"high tech"with future business development is 65%of its businesses having high leveraging EP's"high tech" speed Internet access. development. Status Quo 1. Almost one-half of the businesses Businesses like being in EP. That's a have been here for 10+years. good thing,which should be Why? "It's a great place for overlooked. business." 2. Almost three-quarters of the We do know that respondents— business sample gave the EP especially businesses—tend to grade "Business Climate" a"grade"of government entities lower. So,these "A"or"B." More"A" and`B" grades are extremely encouraging. grades from larger companies. 3. Specifically,businesses like EP's When"marketing EP",there are lots - Good highway access of encouraging"support points." - Low crime rate - Great place to live&work - Low taxes 4. However, almost one-half all At the same time,businesses are respondents also complain that EP adamant that they don't expect the is"Unfriendly to business." City to be complacent. There's plenty "Congestion"is also cited. of opportunity for improvement! 5. When given a list,businesses want the Economic Development Division to work on: - Retaining existing businesses - Buildings roads and highways Usage/ Great news here: Over one-half of This information should definitely be Satisfaction the businesses are"Very Satisfied" shared with City employees. Not only With City with their City contacts! They feel are they doing their jobs,but Services employees are Responsive,Helpful, constituents are recognizing this. Fast and Knowledgeable. City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 45 of 65 Future Less than one business in 10 has any Any business which moves is a bad Plans plans to move. These businesses do thing. The City should implement a admit they can be"saved"if the City program to identify and attempt to would be"More Friendly to "win back" any business with moving Business." plans. Miscel- 1. Three out of 10 companies allow Wow! There's lots of great laneous employee telecommuting. information and opportunity here for Issues 2. Hodge Podge: further cementing the bond between - Availability of affordable local government and EP busineses. housing helps employee recruiting. - For the services they receive, most consider their property taxes to be a good value. - There's interest in a website application linking all businesses. - There's no need for a large meeting facility. - There's interest in an umbrella organization linking businesses,the Chamber, government and educational bodies. But nobody wants to help organize it. - Lukewarm support for partnering with local educational institutions. - Businesses are twice as likely to be satisfied vs. dissatisfied with their access to government decision-making. "One Wish" Echoing an earlier request,business There is a"natural" antipathy that want the City of Eden Prairie to be businesses have about(perceived) "Friendlier to (my)Business." government interference. Thus,the City of Eden Prairie should aggressively and continuously work to minimize this bias and resentment. Businesses' feedback contained herein provides a cornucopia of opportunities for both parties to further develop an already positive relationship. BOTTOM LINE: The City of Eden Prairie is a great place for businesses—and it can get even better! City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 46 of 65 IV. APPENDICES A. Questionnaire: City of Eden Prairie Business Survey • Owner/President/Manager • Weekday Local Calling • Completes: 400 Completes. Quotas,if any,to be determined. ASK TO SPEAK TO THE OWNER/PRESIDENT/MANAGER. (ENTHUSIASTIC!)Hi! This is(INTERVIEWER NAME)from Information Specialists • Group, located right in Eden Prairie. We are conducting an opinion survey for the City of Eden Prairie and are speaking to a random sample of Eden Prairie businesses about business issues. This survey is being taken because your city representatives and staff are interested in your opinions and suggestions. We are not trying to sell anything and all of your answers are completely confidential. Your business name will not be referred to anywhere in the results. This interview will take less than 10 minutes. Is this a good time to begin? Yes i 4 CONTINUE • No 2 4 ARRANGE CALLBACK PART ONE: STATUS QUO 1. How long has your business been located in Eden Prairie? DO NOT READ LIST. SELECT ONE RESPONSE. Less than one year 1 Between one and two years 2 Between three and five years 3 Between six and 10 years 4 Between 10 and 20 years 5 21 years or more 6 Don't Know/Refused 7 2. Thinking back, why did your organization originally decide to establish or move your business to Eden Prairie? PROBE AND CLARIFY FULLY! 3. Overall how would you"grade"the business climate in the City of Eden Prairie? Here, an"A"would be"Excellent,"a`B"would be"Above Average,"a"C"would be"Average," a"D"would be`Below Average" and an"F"would be"Failing." A 5 FOR ANY ANSWER GIVEN,ASK: B 4 3A. Why do you say that? PROBE &CLARIFY! C 3 D 2 F 1 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 47 of 65 4A. What are some of the things you like about having your business in Eden Prairie? PROBE&CLARIFY! 4B. I am going to read you a list of reasons why businesses operate in Eden Prairie. After I read each reason,please tell me if that reason is (4)Very Important, (3) Somewhat Important, or(2)Somewhat Unimportant or(1)Not at All Important to you. READ LIST AND ROTATE ITEM. IMPORTANT UNIMPORTANT Very Some Some Very Low taxes 4 3 2 1 Access to workforce 4 3 2 1 Access to public transportation 4 3 2 1 Supportive city services 4 3 2 1 Good highway access 4 3 2 1 Low crime rate 4 3 2 1 Good housing choices for you and your workers 4 3 2 1 Proximity to customers and/or suppliers 4 3 2 1 A great place to live and work 4 3 2 1 Available building space and/or land 4 3 2 1 Presence of similar-type businesses 4 3 2 1 High speed Internet access 4 3 2 1 Parks,walking paths and other outdoor amenities 4 3 2 1 READ LAST: Anything else? 4 3 2 1 PLEASE SPECIFCY: 5A. What do you think are the most serious issues facing your business in Eden Prairie? PROBE&CLARIFY! 6A. As you may know the City of Eden Prairie has an Economic Development Division. What are some items that you feel the Economic Development Division should focus on? PROBE: Anything else? 6B. I am going to read you a list of items which the Economic Development Division could focus on. After I read each item,please tell me if the Economic Development Division should have a(4)Great Focus, (3) Some Focus, (2) Little Focus or(1)No • Focus Whatsoever on that item. The first item is... ROTATE/READ EACH ITEM. Very Smwhat Not Too Not at All Retaining existing businesses 4 3 2 1 Recruiting new businesses 4 3 2 1 Small business loans/grants 4 3 2 1 Investing in redevelopment 4 3 2 1 Building roads and highways 4 3 2 1 Building workforce or affordable housing 4 3 2 1 Improving communication with businesses 4 3 2 1 Assisting existing businesses with space needs 4 3 2 1 READ LAST: Anything else? SPECIFY: 4 3 2 1 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 48 of 65 PART TWO: USAGE/SATISFACTION WITH CITY SERVICES 7A. During the past year,how many times have you contacted the City of Eden Prairie on an official basis? RECORD EXACT NUMBER. IF ONE OR MORE, CONTINUE WITH QU. 7B. IF ZERO, SKIP TO QU. 8. 7C. What was the nature of your most recent contact with(INSERT CITY DEPARTMENT)? 7D. In general,how satisfied were you with the way in which that contact was handled by the city? Were you... READ LIST. CHECK ONE. Very Satisfied 5 FOR ANY ANSWER GIVEN,ASK: Somewhat Satisfied 4 Why do you say that? PROBE&CLARIFY Neither Satisfied nor Dissatisfied 3 Somewhat Dissatisfied 2 Very Dissatisfied 1 PART THREE: FUTURE PLANS 8. As things stand now,how long in the future do you expect this business to operate in Eden Prairie? DO NOT READ LIST; CHECK ON RESPONSE. Less than one year 1 Between one and two years 2 Between three and five years 3 Between six and 10 years 4 Between 10 and 20 years 5 21 years or more 6 Don't Know/Refused 7 9A. Do you have any plans to move your business to another community? Yes 1 9B. Could you tell me why? PROBE AND CLARIFY 9C. QUESTION ELIMINATED 9D. What, if anything,could the City do to keep you in Eden Prairie? No 2 10. Within the next five years, does your business have plans to READ ITEMS. ROTATE ORDER. CHECK ONE. Yes No DK Expand in Eden Prairie 1 2 X Renovate in Eden Prairie 1 2 X Relocate in Eden Prairie 1 2 X City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 49 of 65 PART FOUR:MISCELLANEOUS ISSUES 11. Does your business allow any employees to telecommute? Yes 1 4 11E. What percentage of your employees telecommute? INSERT EXACT NUMBER No 2 4 11F. Why not? 12. What impact,if any, does the availability of workforce or affordable housing in Eden Prairie have on your ability to recruit and retain qualified workers? Is the impact.....READ LIST/CHECK ONE. Very Positive 5 Somewhat Positive 4 No Impact at All 3 Somewhat Negative 2 Very Negative 1 13. When you consider the property taxes you pay and the quality of city services you receive,would you rate the general value of city services as... READ LIST/CHECK ONE. Excellent 5 Very Good 4 Fair/Average 3 Could be Better 2 Poor 1 14A. If the City of Eden Prairie's offered a website application to all Eden Prairie businesses and/or a direct link to your business website at minimal cost,would you participate in such a program? Yes 1 4 ASK NEXT QUESTION No 2 4 SKIP TO QU. 15A. 15A. Does your business have high speed Internet access? Yes 1 -4 15B. Is this....READ OPTIONS Broadband/Cable 1 DSL 2 Wireless 3 Other(SPECIFY) 4 No 2 4 15C. ELIMINATED 15D. How interested are you in obtaining high speed Internet access? Very Interested 5 Somewhat Interested 4 Neither Interested nor Uninterested 3 Somewhat Uninterested 2 Very Uninterested 1 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 50 of 65 16. How much of a need does your company have for large meeting areas, such as conferences or conventions? READ OPTIONS. Great Need 1 Minor Need 2 No Need at All 3 DO NOT READ: Don't Know 4 17A. How much do you think Eden Prairie would benefit from the creation of a new organization comprised of businesses,the Chamber of Commerce,city government, educational institutions and others that would promote Eden Prairie businesses and residences? READ OPTIONS A Great Amount 1 Somewhat 2 Not at ALL 3 DO NOT READ: Don't Know 4 17B. Would you be interested in READ OPTIONS,IN ORDER, CHECK RESPONSE(S). Helping to organize this new organization 1 GET NAME AT CONCLUSION Becoming a member of this new organization 2 GET NAME AT CONCLUSION 18. ELIMINATED • 19. How interested are you in partnering with local educational institutions in internship or other related programs?READ LIST/CHECK ONE. Very Interested 5 GET NAME AT CONCLUSION Somewhat Interested 4 GET NAME AT CONCLUSION Neither Interested nor Uninterested 3 Somewhat Uninterested 2 Very Uninterested 1 20. ELIMINATED 21. When local government makes decisions or passes regulations that impact your business,how satisfied are you with the amount of access you have to the decision- making processes? READ/CHECK ONE. Very Satisfied 5 Somewhat Satisfied 4 Neither Satisfied nor Dissatisfied 3 Somewhat Dissatisfied 2 Very Dissatisfied 1 22. ELIMINATED 23. One final question before we wrap up with a few demographic questions. If you had one wish for the City of Eden Prairie regarding your business,what would that one wish be? Use your imagination! City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 51 of 65 PART FIVE: DEMOGRAPHICS The following questions are for demographic purposes. Let me remind you again that all the information you provide will be held in strictest confidence. 24A. How would you best describe the nature of your company's business? RECORD EXACTLY AS GIVEN. 24B. How many full time employees does your company have based in Eden Prairie? RECORD EXACT NUMBER. 24C. How many part time employees does your company have based in Eden Prairie? RECORD EXACT NUMBER. IF FEWER THAN 10 EMPLOYEES,ASK: 24D. Is this an at home business? Yes 1 No 2 25A. Does your business have a web site? Yes 1 4 25B. What is your web site address? No 2 4 25C. Do you plan to have one established within the next two years? Yes 1 No 2 4 ASK QU. 25D. 25D. Why not? 25E. What percentage of your employees have access to the Internet at work? RECORD EXACT NUMBER. 26. And finally,what were your company's approximate 2001 total revenues? READ LIST. CHECK ONE. Under$500,000 1 $500,000 to Under$1 Million 2 $1 Million to Under$5 Million 3 $5 Million to Under$10 Million 4 $11 Million to Under$50 Million 5 $50 Million or More 6 DO NOT READ:Don't Know/Refused X 27. Would you like someone from the City of Eden to contact you about a particular question or concern you may have? Yes 1 4 NOTIFY SUPERVISOR IMMEDIATELY No 2 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 52 of 65 28_ INTERVIEWER: ENTER THE FOLLOWING INFORMATION: Just to confirm the information on my database,what is • Your company name? • And your name? • Your job title? • Your business address? • Verify phone number? • E-mail address? MUST OBTAIN NALVIES/ADDRESS IF RESPONDENT INDICATED VERY/SOMEWHAT INTERESTED FOR QUS. 14C, 18, 19 AND/OR 20. 29. The results of this survey will be tabulated with those of other respondents. Your individual comments can be attributed to you or remain anonymous. What is your preference? (READ LIST) A. Release comments with your name B. Comments to remain anonymous X. Don't know Y. Refused/No response Thank you very much for your participation. Your responses will help the City of Eden Prairie provide better services to you. Enter length: Minutes City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 53 of 65 IV. APPENDICES B. Inventory of Responses NET: GREAT PLACE FOR BUSINESS - Potential for business/growth - Responsive/Helpful/Fast Response/Knowledgeable - Diversity of businesses/Number of businesses - Pro-business/Supportive - Space/Building was available/Space needs were met - Nice/Easy to talk to/Professional - Good economy/Business is good - Work at home/Convenience of working at home - City services available/Maintain good services - Reasonable rent/Cost of space - Land available for development/expansion - Skilled/Educated workforce - Hotels/Meeting space - High tech availability/Good quality of technology - Good parking - No competition - Affordable housing - Few restrictions/Flexible - Keeps businesses well information of community news - Supportive of small businesses - Reasonable health care/Workers' comp costs NEW: UNFRIENDLY TO BUSINESS - High taxes/Need to lower taxes - Attract/Retain new/more business/customers - Too many restrictions(especially signage)/Not flexible/Be more flexible - Not pro-business/Not supportive/Be more supportive/Focus on needs of business - High cost of space/More reasonable rent/Cost of space - Not responsive/Not helpful Be more helpful/More knowledgeable - Don't pass smoking ban(would be bad for business) - Competition - Better/Easier access to highways - Need access to/Better high tech services - More supportive of small businesses - Keep businesses more informed/More community news - Lack of skilled/educated/reliable works - Need more land available for industrial/commercial development - Space/Building we need not available/Space needs not met - Reasonable taxes/Keep taxes reasonable/low - More diversity of businesses - Not safe/Rising crime rate - High health care/Worker's comp costs Cify of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 54 of 65 - More/Better parking - More/Better hotels/Meeting space - Bad location/Need better location - Pass the smoking ban - Eliminate Economic Development Division(n=3) - Rude/Difficult to deal with/Not professional NET: LOCATION - Good location - Close to highways - Close to home • - Close to clients - Easy to find/Get to - Close to employees - Close to airport - Closer to clients - Closer to employees NET: GREAT COMMUNITY/GREAT PLACAE TO LIVE - I live in Eden Prairie/Owner lives in Eden Prairie - Restaurants/Lots of restaurants - High median income/People in area have money - City services available/Maintain good services - Parks/Open spaces/Green grass/Trees - Clean - Safe - Affordable housing - Diversity of population NET: COMMUNITY COMPLAINTS/EP FLAWS - Alarm/Burglary/Assault - Zoning/Property/Development - Building permits - Need access toBetter city services (power,water, sewer,plowing, schools) - Utilities - Business/Liquor license - More parks/Open spaces/Green grass/Trees - Fire code inspection - More affordable housing - City codes - MoreBetter restaurants - Need a downtown area/Central business area - Traffic/Street issues - Tax information/Dispute - Promote/Expand Flying Cloud Airport - Animal control/Animal issues - Keep/Develop small town feel/Slow down development City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 55 of 65 NET: NEGATIVE TRANSPORTATION ISSUES - Traffic congestion/Better roads/Commuting time - Need more/Better public transportation NET: EXTRANEOUS CIRCUMSTANCES/BEYOND CONTROL - Slow/Bad Economy - Wasn't here when decision was made - Nothing to do with Eden Prairie - Business with city - Corporate decision - No need/Doesn't apply to our business - Moving home out of Eden Prairie NET: POSITIVE TRANSPORTATION ISSUES - Good traffic flow/No congestion - Good public transportation NET: MISCELLANEOUS - Nothing/No problems - Unaware of Economic Development Division/Don't know enough about it - Average/No different/No better or worse than other cities - Don't know/Refused City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 56 of 65 IV. APPENDICES C. List of Respondents COMPANY NAME INTERVIEWEE ADDRESS B&I Financial,Inc. David Larson 14850 Phoenix Heights Rd. Venku Family Limited Partnership Dave Pavelka 1161 Meg Grace Lane Foster Klima and Company Bill Plante 6400 Flying Cloud Drive New Horizon Child Care Heidi Lariat Companies,Inc. Kelly Adams 8443 Joiner Way Holman Automotive Mike Holman 8445 Joiner Way Quadnet System Solutions Bill Fink 6409 City West Parkway Suite 103 HRX Arlene Vernon Fireplace Construction Company Jan Mosman 15117 Scenic Heights Road Hollywood Video Tony livingston 8020 Den Rd Lubra Sheet Corp Bruce Johnson 9811 Hamilton Rd Frank Cardarelle Frank Cardarelle 6440 Flying Cloud Drive Milepost 169 Tom Lennon 12400 Cockspur Court Fastenal Company Greg Kosidowski 9911 Valley View Rd. HTPO.INC. Paul Thorpe 7510 Market PL.Drive #O.N.E.Concepts Lisa Burris 8945 Aztec Drive N.American Mortgage Co. of Washington Mutual Bank Elaine Kalli 10260 Viking Dr. Ammonia House Inc. Cindy Bennett 7252 Washington Ave S Scitech Supply Kevin Mile 8680 Black Maple Dr. Eye Time Optical Judy 942 Prairie Center Drive. Coti Kristen Steckman 9531 W.78th St. Mark Magnuson Mark Magnuson 250 Prairie Center Dr. Moore Leasing and Sales Bob Moore 250 Prairie Center Drive Hart Foundations Tracy Hart 7248 Washington Avenue Boyd Products David Boyd 9837 West 69th St. Pepper's Grill Ross Flemmer 6407 City West Pkwy. People Reaching Out to Other People Nancy Holden 8080 Mitchell Rd. American Telecare Randy Moore 7640 Golden Triangle Dr. Land Rover Eden Prairie Wayne Pisinski 11903 Valley View Road Thomas Schwirtz State Farm Insurance Thomas Schwirtz 250 Prairie Center Dr. Suite 280 Creithton Company William McCubrey 9360 Garrison Way Dr Stephen Moe,Inc. Janet Welu 6409 City West Pkwy, Suite 105 Cardinal Glass Industries . Caroline 775 Prairie Center Dr. Accurate Die Specialists. Doug Dejarlais 7667 Equitable Dr. Equity Research Inc. Kathleen Overby 6409 City West Parkway R L Tool Paul Geske 7145 Shady Oak Road Sikorski Clinic of Chiropractic Mari Sikorski 6631 Lochanburn Road EdinAlarm Ruth Rysted 6440 City West Parkway The Music Studios of Jan Erickson Stu Sawdey 16550 West 78th St. Fuddruckers Douglas Neu 11825 Technology Dr. Papa John's Dan Peltier 7908 Eden Rd. McCann Advertisement Photography Mike McCann 15416 Village Woods Dr. Cost Cutters JBH Salons Michelle 574 Prairie Center Dr.,Suite 130 City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 57 of 65 Phillips 66 Michael Nordin 8045 Flying Cloud Drive Spectrum Apartment Search Kathy Harmon 7904 Eden Road Fleet Maintenance Jim Wittman 7140 Washington Ave em Jon Bull REFUSED Oslund Piano Equipment Manufacturer Leroy Jedlicka 12501 Pioneer Trail Red Moon Chinese Cafe Tat Kwan 582 Prairie Center Dr Gina Maria's Steve Olson 7416 Mitchell Road High Jump Software Chris Hein 6455 City West Pkwy. Frank's Nursery Roger Litchy 8040 Glen Ln. Amos Smith Photography David Amos 7662 Golden Triangle Drive sfsafd Bill Rumpza REFUSED Kens Fresh Meats,Inc. Ken Theisen 16354 Wagner Way Douglas J Waterman P.A. Doug Waterman 7500 Marketplace Dr. Emerson Control Techniques Joyce Aker 12005 Technology Dr. Enhance Graphics Jay Schwingler 7071 Shady Oak Road Aamco Transmissions Mark Brown 12780 Plaza Dr. Design of Edina Robert Davis 9973 Valley View Rd. REFUSED Tom REFUSED Clean N Press Catherine 7729 Flying Cloud Drive Eden Prairie Appliance Mike Krippner 12446 Plaza Dr. Worell Design,Inc. Sue Ann Shalkos 6569 City West Parkway Minnesota Work Shop Services Roger Cook 7588 Washington Ave S Rep Source Paul Thaden 10250 Valley View Rd. Oasis Market Tony 13997 Anderson Lakes Parkway F.N.F Associates Mike Fadell 10910 Kiawah Dr. Steven Scott Management Les Jones 13670 Valley View Rd. Grootwassink Real Estate Robert 6440 Flying Cloud Drive Courtyard by Marriott Que Ferrel 11391 Viking Dr. Midcontinent Management Corporation Carole Crowder 635 Prairie Center Drive Lorenzo's Color and Design Tom Mascarenas 16360 Wagner Way J.Walter Limited Jim Perkins 6409 City West Parkway Wuttke Corp. Lauren Wuttke 16879 Flying Cloud Drive Kuhlemy Systems consulting Inc. Stephen Kuhlmey 16308 Adret Ct. Lease Finance Group Dan Dryer 7700 Equitable Drive Edward Farr Architects Inc. Edward Fdrr 7710 Golden Triangle Drive Longterm Care Group Tracy 11000 Prairie Lakes Dr. A to Z Rental Andy Way 12450 Plaza Dr. Growth Resource Partners Bill Meyers 7545 Office Ridge Circle Thunderbird Aviation Lee Barrett 14091 Pioneer Trail CLS Summit Steve Schley 10400 Viking Dr. Suite 250 USA Telecom INC. Jack Barnes 7400 Washington Ave. REFUSED REFUSED REFUSED RJ Ahmann Company Richard Ahmann 7555 Market Place Drive Jasc Software Inc. Heather Lane 7905 Fuller Rd. National Insurance Services Jody 7460 Market Place Drive Risk Management Resources Tracy Fisher 7557 Marketplace Dr. Coffee Oasis Joanne French 8439 Joiner Way As One Technology Joel Nash 7386 Washington Ave.S. U S Bank Dave 300 Prairie Center Drive City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 58 of 65 Carnet Corp. Tammy Gueltzow 7550 Washington Ave.S. The Emergency Veterinarian Service Erick Hone 7717 Flying Cloud Dr. Ontrack Pro Shop Carl Fietek 12200 Singletree Lane. Kindstrom and Schmoll Kevin Schmoll 7685 Commerce Way Boston Market Ed Siebenaler 590 Prairie Drive Seal-Treat Inc. Don Mosher 9823 Valley View Road Asia Grille Laura 549 Prairie Center Drive ARU Don Urban 11345 Lanewood Cir Local Motion John Thorpe 7472 Washington Ave.S Leeann Chin Eric Peltz 8015 Glen Lane Bergquist Inc. Steve Clark 9940 Hamilton Rd. Moore&Prokop Inc. Laura Moore 15504 Almond Lane Pitzrick And Associations Inc. Deb Pitzrick 9322 Overlook Trail Maxim Consulting Theresa Kemmerer 17200 Vantage Court G.C.Marketing Julie Schwarz 10200 Valley View Rd., Suite 155 Prairie Dental Group Carol Leach 6608 Flying Cloud Dr. Josten's Brad Fowler 8969 Aztec Dr. Prairie Cycle and Ski Wenda Danduran 9611 Anderson Lakes Prkwy Zesco Inc. Chan Zubar 7887 Fuller Rd Aeromet Lisa 7623 Anagram Lonmusolf Distributing,Inc. Darin 7452 Washington Ave Amron Industries of Mpls Inc. Ken Hallonquist 10856 Hyland Terrace. C.H,Robinson Paul Ricken 8100 Mitchell Rd. General Machining Randy Smith 13120 Pioneer Trail Popkin Sofware&Systems Carl Mclaughlin 11185 Anderson Lakes Pwky RP Baker Foundation Robert Baker 8140 Flying Cloud Dr. REFUSED Tom REFUSED Spring Hill Suites Ronell 11552 Leona Rd. Lincon Financial Distributors Valarie 9855 W 78th St., Suite 320 General Electric Claud Duran 11010 Prairie Lakes Dr. Hy Park Specialty Ron Solheim 6520 Edenvale Blvd. United Properties Prairie Lakes Corporate Center Noland Nehk 11000 Prairie Lakes Dr. Minnesota Vikings Chad Ostlund 9520 Viking Drive Elam Shores Sue Hart 7900 Timberlake Dr. Odyssey Gifts John REFUSED Liberty Envelope Bill Marver 7550 Corporate Way Winkler Structural Engineers Ronn Winkler 10300 Winter Place EnviroClean Blaine Hansen 9640 Squire Lane Centicare Kitty Haigh REFUSED Office Depot Jim Lundholm 11609 Leona Dr. Homestead Sara 11905 Technology Dr. Gunnar Electric Lois Walters 7960 Eden Prairie Rd. Sir Speedy Perry Harrison 8767 Columbine Rd. Sheridan Event Group Karen Kinzel 17779 Inverness Curve MSI, Ins Kim 11800 Singletree Riverway Shirley Moen 6889 Rowland Rd. Classics Market Cafe Cindy Scheunenmann 7500 Flying Cloud Dr. Geoffrey Ferster Associates Geoffrey Fester 8056 Timber Lake Dr. Lemettry's Collision Steve Daniel 12480 Plaza Dr. City of Eden Prairie Business Surrey—FINAL REPORT DRAFT Page 59 of 65 Eden Prairie Orthodontic Associates Holly O'Leary 1800 Singletree Lane,Suite 406 Newland Communities Carrie 11000 W 78th,Suite 101 Pemtom Marge Miller 7597 Anagram Dr. Alterra Clare Bridge of Eden Prairie Angela Carlson 7513 Mitchell Road The Hartfiel Company Myron Moser 8117 Wallace Rd. Bagelmans Catering Pat Gannon 936 Prairie Center Dr. Altera Law Group Phil Walter 6500 City West Pkwy SuperAmerica Marlin Bender 13195 Pioneer Trail Central Portfolio Control Inc. Robert P.Reiter 16520 West 78th St.,Suite 107 Eden Prairie Appliance Steve Daniel 12446 Plaza Dr. Flying Cloud Animal Hospital Steve Harris 8300 Flying Cloud Dr. Twiss Rentals Bob Twiss 15356 Village Woods Drive Philllips and Temro Industries Gary Edwards 9700 W.74th St. Service Master Commercial Cleaning Mary Bowers 8661 Grier Lane Allegra Print and Imaging Tim 7214 Washington Ave. S. S &G Consulting Inc. Debra Galuk 11763 Mount Curve Rd. Instrumentation and Control Electronics Jim Helgesen 12100 Single Tree Ln. Twin Cities Refrigeration,Inc. Dan 9877 Bennett Place Bureau Collection Recovery Nathan Voerding 7575 Corporate Way Jim Carlson leasing Company Dave Gustafson 7380 Washington Ave. Presbyterian Frontier Fellowship Shelley Schuenke REFUSED H.L.C. Jim Brown 9675 Hamilton Rd. Mr. Car Wash Todd Hanson 8280 Flying Cloud Drive Cad Technology Center,Inc. Saeid 9995 w 69th Street Kindercare Jenny 18295 Cascade Dr. Advanced Environments Inc. Debra Wallick 13784 Candice Lane Alliance Marketing Group Myrna S. 9905 Valley View Rd. Vector Jeff 9876 Crestwood Terrace REFUSED REFUSED REFUSED Interalia Deborah Smith 10340 Viking Drive Eigos Managment Jeff 11605 Wilder Dr. Estes Hallmark Amy Chmura 1004 Eden Prairie Center Voyager Bank Steve Berg 775 Prairie Center Dr. Buhler Insurance Agency,Inc. Will Buhler 6440 Flying Cloud Dr., Ste 223 ClubData Corp. Larry Jensen 6440 Flying Cloud Drive Hirshfields Tim Salyers 12494 Plaza Drive REFUSED REFUSED REFUSED Meier Sales Company Patrick Joas 9751 MillCreek Dr. Geoaqua Environmental Michale Ruddy 8774 Stanley Trail Aspen Carpet Cleaning Dan Fitzgerald 16041 Piner Trail REFUSED REFUSED REFUSED Bock&Associates Mike Bock 7650 Executive Dr. Select Technologies Roger Turner REFUSED Goldstar Landscaping Company. Andrea Miller 13480 Pioneer Trail KFC Dan Ross 7995 Glen Lane Ingredient Marketing David 250 Prairie Center Dr. Parkway Dental Judy Jacobsen 9613 Anderson Lake Parkway Marketich Manufacturers Representive Jim Smithson 6440 Flying Cloud Dr. Cameco Inc. Roxann Murphy 11095 Viking Drive City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 60 of 65 Cheme Contractin Corp. Joyce 9855 West 78th St North American Properties Jay Scott 300 Prairie Center Dr.,Suite 225 Park Avenue of Wayzeta Inc. Leah Brink 11863 Harvest Lane Amerisourcebergen REFUSED REFUSED Nationwide Wash Systems Valerie Kreager 7660 Washington Avenue South Adtech Maureen Lundberg REFUSED Childrens World Learning Center Nicole Peters 13033 Valley View Road Eden Prairie String Academy Michelle Persian 10663 Lee Dr. Heimbuch Commercial,Inc. Steve Heimbuch 7545 Office Ridge Circle Klark Software Inc. Richard Klark 250 Prairie Center Dr.,Suite 340 Realife Valley View Cooperative. Jack Berry 10785 Valley View Rd Flarhety Green Associates Adair Flarhety 8945 Aztec Dr. Berry Coffee Bob Dilly 14825 Martin Dr. Team Lawn Dave Christopherson 13045 Pioneer Trail REFUSED REFUSED REFUSED Eden Prairie Florists Dave Nebel 8252 Commonwealth Drive FM Industries,Inc. Fred Montana 10125 Crosstown Circle,Suite 300 Silver Case Studios Michael Kreemer 19135 Homestead Cir. The Anna Westin Foundation Mary 250 Prairie Center Dr Classics Gymnastics Christa Sabby 7901 Fuller Rd. Enterprise Rent-A-Car Rob Sugden 8783 Columbine Rd. Resource Group,Inc. Bob Schoewe 7700 Equitable Drive,Suite 101 Mattress Value Super Stores John Sherwin 954 Prairie Center Dr. Rebs Marketing Brian Baker 14701 Pioneer Trail PetSmart Steve Getz 11200 Prairie Lakes Drive Northtech Sales Dick Steinman 6440 Flying Cloud Drive Northwestern Mutual - Karin Prairie Center Dr. Kontronmobile Computing Bale 7631 Anagram Dr Jacqueline Miller Jacqueline Miller 250 Prairie Center Drive Computer Parts&Proliferal Ronald Girard 7144 Shady Oak Road Rm Sampson Inc. R.M. Sampson REFUSED Damico and Partners Gina Lynch 6411 City West Parkway Hartand Auto Services/Jiffy Lube Ken Lehman • 8102 Eden Road Remedy Intelligence Staffing Maria Hoke 6409 City Wets Parkway, Suite 100 ProsoftTraining Jody Harrison 10200 Valley View Road,Suite 153 Northwestern Mutual Financial Network Tom Schwebach 8220 Commonwealth Dr.,Suite 204 Noren Financial Corporation Jim Bates 8000 Lismore Circle Quantitative Advantage Karen Schendel 12700 Anderson Lakes Parkway Elvin Safety Supply Inc. Jeff Bourbonais 7300 Washington Ave S. Carlson Systems Jeff Nelson 9855 Hamilton Rd. Northwestern Mutual Leo Crowley Commonwealth Drive Granite Communications Samantha Hurd 9947 Valley View Rd. REFUSED REFUSED REFUSED KJMR Kent Johnson Creek Ridge Drive New City Commercial Properties John Nelson 7545 Office Ridge Circle Ottis Spunkmeyer K.C.McCoy 7093 Shady Oak Rd. Trust Security Peggy 9754 Belmont Lane Countrywide Home Loans Shawn Kugler 8431 Joiner Way Tricam Industries Kathy Foley 7677 Equitable Drive City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 61 of 65 Mailboxes ETC. Mary REFUSED Country Choice Naturals Dawn McQuillan 9531 W.78th Street Lieske&Associates Jim Lieske 8220 Commonwealth Dr.,Suite 202 E-Travel Experts Tom Doering 7901 Flying Cloud Dr. Alternative Business Furniture Tim Koehn 65363 Flying Cloud Dr., Suite 800 Coldwell Banker Burnet Rollend Smargarrds 7820 Terrey Place McDonalds Jerry Colby 598 Prairie Center Dr. DLR Group Griff Davenport 9521 W.78th St. Marco Diversified inc. Mr.Peden 7910 Edne Road Wings Insurance Agency Larry Marrs 775 Prairie Center Dr.,Suite 280 Insulation Distributors Pat Lucking 7667 Equitable Dr. Net Effect Technologies Robert Pitner 7140 Shady Oak Road Magic Carpet Specialists Inc. Valerie Al-Jaff 11853 Harvest Lane, Ste 8 CCA Financial Thomas Weltin 250 Prairie Center Dr.,Suite 210 C M Mike Lysne,CPA Clement M.Lysne 6440 Flying Cloud Drive Alcov Kelly Myers 6585 Edenvale Blvd Core Group Inc. Connie Cervilla 7171 Shady Oak Rd. REFUSED Mike REFUSED Remax Results Joyce 11200 W.78th St. Sedgwick Claims Management Services David Oertli 7905 Golden Triangle Drive Indoor Landscapes Inc. Scott Gatty P.O.Box 44307 Direct Source,Inc. John Hillen 15153 Technology Drive Allstate Insurance Rick Johnson 7901 Flying Could Drive Mail Handling Services Wayne Cummings 7550 Corporate Way Cima Labs Inc. Ron Gay 10000 Valley View Rd Bremer Bank Ann Waldschmidt 11800 Singletree Lane Center for Healthy Living Laura Erdman-Luntz 8254 Commonwealth Dr. RJ Ahmann Company Dean 7555 Market Place Dr. The Continental Group Machaela Knower 250 Prairie Center Dr.,Suite 125 Rainbow Foods Gene Lotts 970 Prairie Center Dr. Suburban Exteriors John Entrikin 7466 Washington Ave.S. Eden Prairie FaiREFUSEDield Inn Sean St.Jacque 11325 Viking Dr. Childrens World Learning Centers Leslie Christiansen 8825 Aztec Dr Richtone Painting Karen Bufton 7242 Washington Ave.S Super Valu Neil Libson 11840 Valley View Road Witcher Construction Renee Pribyl 9855 W 78th Str.,Suite 270 Barbara B.Jackson,M.D Barbara B.Jakson 1100 Prairie Lakes Dr., Suite 16 Wizmo,Inc. Rich Groebner 7615 Golden Triangle Dr. Liberty Property Trust Carla Puckett 10400 Viking Dr. Jerry's Foods Jeff Bradley 9625 Anderson Lakes Prkwy Interlaken Technology Corp. Tom Driggers 7600 Golden Triangle Dr. Powerwan,Inc. Terri Hill 6595 Edenvale Blvd. PPT Vision Joe Christianson 12988 Valley View Rd Baker's Square Lyn Eliott 928 Prairie Center Dr. Biaggi's Steve Zarth 8251 Flying Cloud Dr. Camron Bay Paul Phan 8244 Commonwealth Dr. Lake Place Apt,LLP Leslie Bright 11445 Anderson Lakes Prkwy Modem Aero,Inc. Timothy Ashenfelter 14801 Pioneer Trail Write brain Communications Tammy Schulman 12076 River View Rd. City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 62 of 65 Specialty Tool Engineering Ken Spanjers 7703 Commerce Way Rorke Data Inc. Paul Norr 9700 W.76th St. Packaging Associates Gott Lieb 9730 Mill Creek Dr. Pro-bilt Contracting Dan Sheldon 8681 Meadowvale Drive. LA Studio Allen Brown 7625 Golden Triangle Drive GE Commercial Finance Dale Shores 11010 Prairie Lakes Drive Enhanced Systems Greg Nelson 7404 Washington Ave.South Maxi Print Harold Arme 7396 Washington Ave S. MarineGlow John Goedel PO Box 44179 Edenvale Apartments Sharon Hume 13700 Valley View Rd. Cliff Corp. Lynn Reimer 6500 City West Parkway Retirement Advisory Group Florence Christenson 6200 Baker Road,Suite 100 Eden Lake Town Homes Beth 8501 Cardiff Lane Intelligent Financial Strategies Mark Danielson 9977 Valley View Road Kelly Agency Laurie Petfchow 6409 City West Pkwy. Bruegger's Bagels Scott Schaber 9641 Anderson Lake Prkwy AmeriSuites Kym 11369 Viking Dr. Bentleys Outfitters Gordon Bentleys 582 Prairie Center Dr. Pennebaker clinic of Chiropractic Ian MccNeil 8140 Flying Cloud Dr.,Suite 201 Enet PC Richard Pomije 6825 Shady Oak Rd. Sather Design/Build Steve Sather 10432 Purduy Road Lawrence Bushnell,P.A. Lawrence Bushnell 250 Prairie Center Dr Kid's Hair Heather Iten 16368 Wagner Way Power Quality,LLC Jim Beck 9817 Valley View Rd. Springtime Associates Mel Sommers 8680 Magnolia Trail Bay Point Apaitunents Sheri Moses 11185 Anderson Lakes Parkway. Minnesota Casters REFUSED 7256 Washington Ave.South Express Drafting Rob Estes 13800 Chestnut Dr., Suite 305 Horizon Graphics Michelle Gacek 7218 Washington Ave.South Introbang Inc. Bob Knutson 7540 Market Place Dr. aloe up suncare Teri Whaley 9700 West 76th St.,Suite H Metropolitan Mechanical Mark Anderson 7340 Washington Ave.S Ingenix Mike Davis 12125 Technology Dr. SH Bartlett Co. John Monahan 7636 Washington Ave.S. Papa Murphy's Steve Drew 9627 Anderson Lakes Pkwy. Financial Information Management Inc. Nancy Eckman 11000 W.78th St. Esoterix Molecular Genetics Karen Zytkovicz 7550 Market Place Dr. Norseman Oil Company Inc. Mark Namtvedt 8110 Eden Rd. Sign Source and Techni Print Randy Herman 14530 Martin Dr. Pickled Parrot Matt Payne 1300 Technology Dr. Hammett's Learning World Scott Austen 964 Prairie Center Dr. Fpilippi Law Firm Julie Heart 9975 Valley View Rd. House of Kai Pat 7406 Mitchell Rd. Blimpie's Subs Tim Johnson 7906 Eden Road Cities Advance Machinery Harry Youtsos 6440 Flying Cloud Drive Korman and Associates Clair Korman 8220 Tamarack Trail St.Paul Venture Capitol Kirsten Harrison 10400 Viking Dr. REFUSED John Valley View Road Aim Electronics Inc. Gerry Gordon 8140 Flying CLoud Dr. City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 63 of 65 Elan Associates Bruce Anderson 7628 Executive Drive Hanka Consulting,Inc. Gregogry Hanka 6650 Ducklakee Rd Moon's Maintenance Tae Moon Kanz 8160 Antrin Cove Stereoland Bill Soderholm 8743 Columbine Road Broich Enterprises Bruce Yoder 6440 City West Parkway PeREFUSEDormance Solutions—MN,Inc. Rob Hiller 1701 Stony Way Northwestern Mutual Josh Storms 8220 Commonwealth Dr. ATG Laboratories Inc. Laura Kakach 10300 Valley View Road Praire Offset Printing Allen Kalosterman 7685 Corporate Way Park City West Kimberly 6426 City West Parkway Infinity Access Net Frank Schnieder 9751 Hamilton Rd Skybiohealth May Yue 10300 Valley View Rd Southwest Metro Transit Len Simich 13500 Technology Dr. Achieve Healthcare Technologies Chris McPartland 7690 Golden Triangle Drive Arby's Todd 560 Prairie Center Drive Ceiling Pro International Brad Matushak 7456 Washington Ave S. Bellavita Tim Do 16366 Wagner Way Jim Carlson Leasing Greg Carlson 7380 Washington Ave. Target,Eden Prairie John 8225 Flying Cloud Drive JEA Architects Kathy Anderson 6440 Flying Cloud Drive, Suite 202 LSS Data Systems David Pettingell 6423 City West Parkway REFUSED Joe REFUSED US Mortgage Investment,LLC John 8140 Flying Cloud Drive, Suite 102 Mark's Woodworking Mark Telltier 8226 Hiawatha Ave. Eden Prairie Acupuncture Elizabeth Kelly 8140 Flying Cloud Dr.,Suite 204 Hydrangea Lori Rocheford 9629 Anderson Lakes Parkway AMG Properties Kam Bacam 11100 Anderson Lakes Parkway HDMG Corporation Jamie Heuton 6573 City West Parkway Domino's Pizza Justin Olson 13993 Anderson Lakes Parkway Harvest Network International Alan Langstaff 14100 Valley View Rd BakeMark Minnesota Jim Sites 14675 Martin Dr. Conticare Medical Claude Tihon 7680 Golden Triangle Dr. Shackley Product and Best Water Purification&Air Source Mary Rielly Parter 13945 Anderson Lakes Pkwy Apt 305 KMC Telecom Dan Driscoll 7800 Equitable Dr. Allstate Insurance Tom Martinson 8977 Aztec Dr Hoff Barry and Kuderer Tom Barry 775 Prairie Center Dr. REFUSED Anna 7700 Equitable Dr. E.P Montessori Learning Center/School Shonali Harrison 7455 Marketplace Dr Bergin Auto Body Aaron Lee 7690 Corporate Way Minnesota Valve and Fitting Co. Raymond Sedlak 5901 W.78th St. Motorola Inc. Vicki Miller 11000 West 78th St. Financial Network Investment Corp. Nathan D.Bergland 9531 W.78th St.,Suite 220 Lasag Corporation Murray Harris 6440 Flying Cloud Drive Bernafon Peter Vannest West 76th St Design Services Group/Super Valu Ken Steebdins 6533 Flying Cloud Dr.,Suite 100 Capps Companies Martha Capps 12100 Singletree Lane 7921 Eden Prairie Road& Minnesota Mine Storage&EP Storage Greg Engel 6570 Flying Cloud Drive Sound Capital Management John Trefethen 6440 Flying Cloud Drive City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 64 of 65 CanadaT.ife Jack Campbell 7500 Flying Cloud Drive K-nise Corp. Bev 6365 Carlson Drive,Suite A Wells Fargo Home Mortgage Georgey 935 Prairie Center Dr. Inspection Services of America Joyce 8220 Commonwealth Dr. Home Depot Bill Henshaw 13000 Valley View Rd. Choice Printed Products Inc. REFUSED REFUSED Heidelberg USA Sharon Harris 10250 Valley View Rd., Suite 129 Prairie Village Pet Hospital Bob Skinner 7815 Perrey Pine Court C&D Communications Cindy 6420 Flying Cloud Dr. REFUSED Wally Hilgren REFUSED KVT International Hair&Nails Kim Van Tran 7735 Flying Cloud Drive Random Specialties Keith Allen 9930 West 69th St. Scoreboard Sportsware Elwin Fraley 6836 Washington Avenue Response Marketing,Inc. Elmer Swenson 15153 Technology Dr. Fountain Place Apartments Rita Ahrens 8564 Magnolia Tr. City of Eden Prairie Business Survey—FINAL REPORT DRAFT Page 65 of 65 AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER.17,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra- Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY COUNCIL STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz,Management and Budget 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. MINUTES A. HRA MEETING HELD DECEMBER 3,2002 III. RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING LEASE REVENUE BONDS (CITY HALL PROJECT), SERIES 1993A IV. ADJOURNMENT APPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 3,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra- Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY COUNCIL STAFF: City Manager Scott Neal,Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. RESOLUTION ESTABLISHING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(QUALIFIED HOUSING)DISTRICT NO. 19 City Manager Scott Neal said he received communication today from North American Properties withdrawing their request and interest in the tax increment financing that was the subject of this public hearing. He added that it would be Staffs intent,however,to continue to pursue affordable housing in Southwest Station project and bring this back to the Council at a future date. MOTION: Case moved to close the HRA Public Hearing,noting that the developer's intent was to withdraw the request for the affordable housing, and moved to direct Staff to pursue the original goals. Seconded by Mosman, motion carried 5-0. III. ADJOURNMENT Meeting adjourned at 7:14 p.m. HRA AGENDA . DATE: SECTION: December 17,2002 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Authorizing Call Of Certain Director/Donald Uram Outstanding Lease Revenue Bonds Requested Action Move to: Adopt Resolution Authorizing Call of Certain Outstanding Lease Revenue Bonds(City Hall Project), Series 1993A dated May 1, 1993 Synopsis The Series 1993A 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. Aggregate Principal Issue Original Principal Amount Outstanding $1,415,000 Lease Revenue Bonds(City Hall Project), Series $930,000 1993A(the Series 1993A Bonds)dated May 1, 1993 With coupon payments in excess of 5.6%, it is prudent for the City to prepay the bonds saving over $296,000 in interest payments. The next call date is February 1,2003. Sufficient funds exist in the Debt Service Fund to prepay the bonds. Attachments Notice of Redemption($1,415,000 Lease Revenue Bonds, Series 1993A) Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA URA RESOLUTION 2002- RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING LEASE REVENUE BONDS BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority"), as follows: Section 1. The Authority has issued bonds as follows: Aggregate Principal Issue Original Principal Amount Outstanding $1,415,000 Lease Revenue Bonds (City Hall Project), Series $930,000 1993A(the Series 1993A Bonds) dated May 1, 1993 Section 2. The Series 1993A Bonds maturing in the years 2004 through 2012 are subject to prepayment on February 1,2003 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. The Authority has determined that there exists sufficient moneys in the debt service fund established for the Series 1993A Bonds to prepay the$930,000 aggregate principal amount of the Series 1993A Bonds maturing in the years 2004 through 2012. Section 4. The City Finance Director is authorized and directed, on behalf of the Authority, to cause U.S. Bank National Association,in St. Paul,Minnesota, the bank at which principal and interest on the Series 1993A Bonds is payable,to cause the Notice of Redemption attached hereto as Exhibit A to be mailed in accordance with Section 2. Section 5. No further action shall be required of the Authority or the City Council to complete the prepayment of the Series 1993A Bonds. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota this 17th day of December,2002. By: Nancy Tyra-Lukens, Chair ATTEST: By: Scott H.Neal,Executive Director EXHIBIT A NOTICE OF REDEMPTION $1,415,000 Lease Revenue Bonds, Series 1993A Dated: May 1, 1993 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* 2004 $85,000 5.60% 279525 CG2 2005 85,000 5.70 279525 CHO 2006 90,000 5.75 279525 CJ6 2007 95,000 5.80 279525 CK3 2008 100,000 5.85 279525 CL1 2009 110,000 5.90 279525 CM9 2010 115,000 6.00 279525 CN7 2011 120,000 6.00 279525 CP2 2012 130,000 6.00 279525 CQO are called for redemption and prepayment on February 1,2003. 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, 2003,by submitting said bond along with the completed form W-9 to U.S.Bank National Association(as successor Paying Agent to First Trust National Association), at the following address: By Mail or Courier Service: By Registered or Certified Mail: In Person,By Hand: U.S.Bank N.A. U.S.Bank N.A. U.S.Bank N.A. Corporate Trust-Debt Mgmt Corporate Trust-Debt Mgmt Corporate Trust-Debt Mgmt CM-9705 180 East Fifth Street 180 East Fifth Street P.O.Box 70870 St.Paul,MN 55101 St.Paul,MN 55101 St.Paul,MN 55170-9705 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:December 17,2002. 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 CUSIl'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. AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 17,2002 7:00 PM,CITY CENTER • Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget 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. BOND SALES A. BOND SALE OF$3,185,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1992A& 1993A PARK BONDS) SERIES 2003A(Resolution) (P 1) B. BOND SALE OF$2,710,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1993C BONDS) SERIES 2003B (Resolution) (p21) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. TRUTH-IN-TAXATION HEARING,DECEMBER 2,2002 (p 41) B. COUNCIL WORKSHOP HELD DECEMBER 3,2002 (p 44) . C. CITY COUNCIL MEETING HELD DECEMBER 3, 2002 (p 46) VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p 52) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 10Ta ADDITION (p 55) C. ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES (p58) CITY COUNCIL AGENDA December 17,2002 Page 2 D. ADOPT RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING G.O. IMPROVEMENT BONDS, SERIES 1993B (p 114) E. ACKNOWLEDGEMENT OF LEASE TERA'IINATION WITH ROSEMOUNT, INC. AND CONVEYANCE OF QUIT CLAIM DEED (p 117) F. DECLARE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE CITY MANAGER TO DISPOSE OF PROPERTY THROUGH PUBLIC SALE (p 127) G. ADOPT RESOLUTION TO PETITION RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR RILEY&RICE MARSH LAKE WATER QUALITY IMPROVEMENT PROJECT (p 131) H. APPROVE CHANGE ORDER NO. 1 FOR BRYANT LAKE DRIVE TRAIL PROJECT TO DMJ COPRORATION,I.C. 00-5514 (p 138) I. ADOPT RESOLUTION RECEIVING 100% PETITION FROM NORTH AMERICAN PROPERTIES FOR TRAFFIC SIGNAL IMPROVEMENTS FOR SOUTHWEST STATION,I.C. 03-5590 (p 143) J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS,I.C. 03-5590 (p146) K. APPROVE CHANGE ORDER NO. 1 FOR EMERGENCY VEHICLE PREEMPTION SYSTEM,I.C. 01-5541 (p155) L. APPROVE CHANGE ORDER NO. 1 FOR PIONEER TRAIL AND TH 212 UTILITY IMPROVEMENTS,I.C. 52-204 (p 158) M. APPROVE CHANGE ORDER NO. 1 FOR GLENSHIRE ADDITION WETLAND MITIGATION IMPROVEMENTS,I.C.98-5467 (p 161) N. APPROVE CHANGE ORDER NO. 2 FOR CHARLSON AREA IMPROVEMENT—PHASE II FROM INGRAM EXCAVATING,LC. 02-5564 (p163) O. AWARD CONTRACTS FOR MAINTENANCE AND WATER TREATMENT CHEMICALS FOR 2003 (p 166) P. AUTHORIZE ACQUISITION OF WETLAND CREDITS (p 169) Q. ADOPT RESOLUTION CERTIFYING THE 2003 PROPERTY TAX LEVY AND APPROVE 2003 BUDGET (p 176) CITY COUNCIL AGENDA December 17,2002 Page 3 VIII. PUBLIC HEARINGS /MEETINGS A. UPDATE OF PARK AND OPEN SPACE SYSTEM PLAN (p 179) B. GUIDE PLAN UPDATE—AIRPORT CHAPTER OF THE COMPREHENSIVE GUIDE PLAN (192) IX. PAYMENT OF CLAIMS (p 201) X. ORDINANCES AND RESOLUTIONS • A. RESOLUTION ADOPTING FINAL AGREEMENT BETWEEN THE CITY AND MAC REGARDING EXPANSION OF FLYING CLOUD AIRPORT; RESOLUTION REPEALING RESOLUTIONS 88-299 AND 92-124 AND RESOLUTION ADOPTING CHAPTER 6 AIRPORT ELEMENT AND AMENDMENTS TO AVAIATION GOALS SECTION OF CHAPTER 2 OF THE 2002 COMPREHENSIVE GUIDE PLAN UPDATE (p 209) B. MEMORANDUM OF UNDERSTANDING CONCERNING CO-OPERATIVE SOLUTIONS TO INFRASTRUCTURE,RIGHT-OF-WAY/EASEMENT AND PARK NEEDS BETWEEN THE CITY AND MAC REGARDING FLYING CLOUD AIRPORT (Resolution) (p 262) XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. BRYANT LAKE HEIGHTS by James Perkins. Request to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights, amendment of Exhibit C,paragraph XIII of the Developer's Agreement,by deleting the requirement that all structures on Lot 2, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3,Block 1, Bryant Lake Heights. Location: 7012 Willow Creek Road. (p 275) XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Jean Harris Memorial Design (p 282) D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA December 17,2002 Page 4 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF THE FIRE CHIEF H. REPORT OF MANAGEMENT AND BUDGET DIRECTOR 1. Habitat for Technology(p 284) I. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: E. December 17,2002 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Relating To $3,185,000 General -�;-; Don Uram,Director Obligation Refunding Bonds (Refunding of �V 1992A and 1993A Park Bonds), Series 2003A Requested Action: Move to: Adopt Resolution Relating To $3,185,000 General Obligation Refunding Bonds(Refunding of 1992A and 1993A Park Bonds), Series 2003A • Synopsis: The purpose of this refunding bond issue is to refund a portion of the$1,100,000 General Obligation Park Bonds, Series 1992A and a portion of the $3,400,000 Park Bonds, Series 1993A for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2004- 2013 maturities totaling$3,130,000. The average outstanding coupon rate for the bonds to be refunded is 5.8794%. The average coupon on the new bonds is estimated to be 3.3072%. Total projected savings is $500,213.34 with a net present value debt service savings of $367,031.71. A detailed analysis of the refunding is included. Attachments: Resolution Refunding Analysis CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17,2002 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Relating To $3,185,000 General Don Uram Obligation Refunding Bonds (Refunding of • 1992A and 1993A Park Bonds), Series 2003A Requested Action: Move to: Adopt Resolution Relating To $3,185,000 General Obligation Refunding Bonds (Refunding of 1992A and 1993A Park Bonds), Series 2003A Synopsis: The purpose of this refunding bond issue is to refund a portion of the $1,100,000 General Obligation Park Bonds, Series 1992A and a portion of the$3,400,000 Park Bonds, Series 1993A for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2004- 2013 maturities totaling$3,130,000. The average outstanding coupon rate for the bonds to be refunded is 5.8794%. The average coupon on the new bonds is estimated to be 3.3072%. Total projected savings is $500,213.34 with a net present value debt service savings of $367,031.71. A detailed analysis of the refunding is included. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 2002- RESOLUTION PRESCRIBING THE FORM AM)DETAILS AND PROVIDING FOR THE PAYMENT OF $3,185,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003A BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interests of the City to issue its General Obligation Refunding Bonds, Series 2003A(the Bonds) in the approximate principal amount of$3,185,000, subject to adjustment in accordance with the Terms of Proposal. The Issuer believes that a substantial debt service savings can be achieved by the issuance and sale of the Bonds. The proceeds of the Bonds will be used, together with funds on hand as maybe required,to refund on February 1, 2003 (the Redemption Date), the 2004 through 2013 maturities, aggregating$720,000 in principal amount outstanding, of the $1,100,000 General Obligation Park Bonds,Series 1992A, dated July 1, 1992(the 1992A Bonds); and the 2004 through 2013 maturities, aggregating $2,410,000 in principal amount outstanding, of the $3,400,000 General Obligation Park Bonds, Series 1993A, dated May 1, 1993 (the 1993A Bonds; together with the 1992A Bonds,the Refunded Bonds). 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the Issuer by Northland Securities, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price,interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of of and associates (the Purchaser). In accordance with the Terms of Proposal, it is hereby determined to issue the Bonds in the principal amount of $3,185,000 at a price of$ plus accrued interest, and upon the further terms and conditions set forth herein. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. Section 2. Bond Terms; Registration; Execution and Delivery. 2.01. Issuance of Bonds. All acts,conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be /33 performed precedent to and in the valid issuance of the Bonds having been done,now existing, having happened and having been performed,it is now necessary for the City Council to establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Bonds shall be originally dated as of January 1,2003,shall be in the denomination of$5,000 each,or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2004 $320,000 2005 335,000 2006 345,000 2007 350,000 2008 355,000 2009 375,000 2010 380,000 2011 390,000 2012 335,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond,the principal amount thereof shall be payable by check or draft issued by the Registrar described herein;provided that, so long as the Bonds are registered in the name of a securities depository,or a nominee thereof,in accordance with Section 2.08 hereof,principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered,exchanged or transferred. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2003,to the owner of record thereof as of the close of business on the fifteenth day of the preceding month,whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. The Bonds shall not be subject to redemption prior to their stated maturity dates. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints ,in Minnesota, as the initial bond registrar,transfer agent and paying agent(the Registrar). The Mayor and the City Manager are authorized to execute and deliver,on behalf of the Issuer,a 'I 1J contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation,if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty(30)days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) .Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer,in form satisfactory to the Registrar,duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver,in the name of the designated transferee or transferees,one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal,in good faith,to make transfers which it,in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not,for the purpose of receiving payment of or on account of,the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes,Fees and Charges. For every transfer or exchange of Bonds(except for an exchange upon a partial redemption of a Bond),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated,Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed,stolen or lost,the Registrar shall deliver a new Bond of like amount,number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and,in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form,substance and amount satisfactory to it,in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the Manager and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated,the Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: I' "Beneficial Owner"shall mean,whenever used with respect to a Bond,the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant,or such person's subrogee. "Cede&Co."shall mean Cede& Co.,the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC"shall mean The Depository Trust Company of New York,New York. "Participant"shall mean any broker-dealer,bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter"shall mean the Representation Letter pursuant to which the Issuer agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance,the ownership of such Bonds shall be registered in the bond register in the name of Cede &Co., as nominee of DTC. The Registrar and the Issuer may treat DTC(or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds,selecting the Bonds or portions thereof to be redeemed,if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution,registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any Participant,with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds,with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution,with respect to the • selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede&Co., as nominee of DTC,the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond only to Cede&Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede&Co.,the Bonds will be transferable to such new nominee in accordance with paragraph(e)hereof. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates,the Issuer may notify DTC and the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event,the Bonds will be transferable in accordance with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph(e)hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede &Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto,including,without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF EDEN PRAIRIE GENERAL OBLIGATION REFUNDING BOND, SERIES 2003A Interest Rate Maturity Date Date of Original Issue CUSIP No. February 1,20 January 1,2003 REGISTERED OWNER: CEDE &CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS The City of Eden Prairie, County of Hennepin, State of Minnesota(the Issuer) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns,the principal amount specified above on the maturity date specified above,without option of prior payment,with interest thereon from the date hereof at the annual rate specified above,payable on February 1 and August 1 in each year, commencing August 1, 2003, to the person in whose name this Bond is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30- day months. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by ,in ,Minnesota, as Bond Registrar and Paying Agent,or its designated successor under the Resolution described herein u (the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of$3,185,000 issued pursuant to a resolution adopted by the City Council on December 17,2002(the Resolution),to provide funds to refund certain outstanding general obligation Bonds of the Issuer and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling,including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form,in denominations of$5,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein,this Bond is transferable upon the books of the Issuer at the principal office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar,duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date,subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede&Co., as nominee of The Depository Trust Company,or in the name of any other nominee of The Depository Trust Company or other securities depository,the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede&Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the Issuer. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof,whether this Bond is overdue or not,for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED,COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms,have been done, do exist,have happened and have been performed as so required;that the Issuer has established its General Obligation Refunding Bonds,Series 2003A Bond Fund and has appropriated thereto ad valorem taxes on all taxable property in the Issuer,which are estimated to be receivable in years and amounts not less than five percent in excess of the principal of and interest on the Bonds when due;that if necessary for the payment of such principal and interest when due, additional ad valorem taxes are required to be levied upon all such property,without limitation as to rate or amount;that the issuance of this Bond does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness; and that the I 9 opinion printed hereon is a full and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds,dated as of the date of original delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF,the Issuer,by its City Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. ADOPTED by the Eden Prairie City Council on December 17, 2002. CITY OF EDEN PRAIRIE,MINNESOTA Scott H.Neal, City Manager Nancy Tyra-Lukens,Mayor CERTIFICATE OF AUTHENTICATION Dated This is one of the Bonds delivered pursuant to the Resolution mentioned within. [ ], as Registrar • By Authorized Representative [Insert Legal Opinion] • The following abbreviations,when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM—as tenants in common UTMA as Custodian for (Cust) (Minor) under Uniform Transfers to Minors Act TEN ENT—as tenants by the entireties (State) JT TEN—as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. Yji !0j ASSIGNMENT For value received,the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [End of the Bond form] Section 3. Use of Proceeds. Upon payment for the Bonds by the Purchaser,the Finance Director shall deposit and apply the proceeds of the Bonds as follows: (a) $ shall be deposited in the sinking funds established for the Refunded Bonds to be applied to their redemption and prepayment on their date of redemption(February 1,2003),in accordance with the provisions of the resolutions authorizing their issuance; (b) $ shall be used to pay issuance expenses of the Bonds;and(c) $ shall be deposited in the Bond Fund created pursuant to Section 4.01 hereof. Section 4. General Obligation Refunding Bonds, Series 2003A Bond Fund and Pledge of Taxing Powers. 4.01. General Obligation Refunding Bonds, Series 2003A Bond Fund. The • Bonds shall be payable from a separate and special General Obligation Refunding Bonds, Series 2003A Bond Fund(the Bond Fund)of the Issuer,which the Issuer agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other moneys on hand in other funds of the Issuer,which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund Ji 1I shall be paid: (a)any accrued interest and unused discount received from the Purchaser upon delivery of the Bonds; (b) subsequent to the Redemption Date, all ad valorem taxes collected as specified in Section 4.02; and(c) any other funds appropriated by the Council for the payment of the Bonds. 4.02. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due,the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which,together with the collections of other amounts as set forth in Section 4.01,will produce amounts not less than 5%in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes will be levied and collected in the following years and amounts: Levy Years Collection Years Amount 2003-2011 2004-2012 See attached levy computation Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,provided that the Issuer reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges,covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment-thereof in full; or,if any Bond should not be paid when due,it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Bonds,subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose,cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Section 6. Tax Covenants; Arbitrage Matters and Continuing Disclosure. 6.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents,any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code)and applicable Treasury Regulations(the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. 6.02. Certification. The Mayor and City Manager being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution,are authorized �2 and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations,stating the facts,estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be"arbitrage bonds"within the meaning of the Code and Regulations. 6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records,make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes. 6.04. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934(17 C.F.R. § 240.15c2-12),relating to continuing disclosure(as in effect and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners(as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby,including the Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct,indirect,consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein,in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond,the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof,if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein,Beneficial Owner means,in respect of a Bond, any person or entity which(i)has the power, directly or indirectly, to vote or consent with respect to,or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b)is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide,in the manner set forth in subsection(c)hereof, either directly or indirectly through an agent designated by the City,the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City,commencing with the fiscal year ending December 31, 2002,the following financial information and operating data in respect of the City(the Disclosure Information): '3 (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof,the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as • required hereby, from other documents, including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection(c) or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information'need no longer be provided if the City includes in the Disclosure Information a statement to such effect;provided,however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2)hereof),then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1) or subsection(d),then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. iLf (2) In a timely manner,notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers,or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement,information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase,holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner,notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph(b)(1)at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection(b)to the following entities by telecopy, overnight delivery,mail or other means, as appropriate: (1) the information described in paragraph(1) of subsection(b),to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule(the State Depository),if any; (2) the information described in paragraphs(2) and(3)of subsection(b),to the Municipal Securities Rulemaking Board and to the State Depository,if any; and (3) the information described in subsection(b),to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information,at the time of transmission under paragraphs(1)or(2)of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release,at the time such information is to be released. (d) Term;Amendments;Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence,however,the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time,without notice to(except as provided in paragraph(c)(3)hereof)or the consent of the Owners of any Bonds,by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel,who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i)such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity,nature or status of the City or the type of operations conducted by the City, or(b)is required by, or better complies with,the provisions of paragraph(b)(5) of the Rule; (ii)this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5)of the Rule at the time of the primary - offering of the Bonds, giving effect to any change in circumstances applicable under clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended,the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the 161 6 reasons for the amendment and the effect,if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 7. Certification of Proceedings and Redemption of Refunded Bonds. 7.01. Registration of Bonds. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds have been duly entered upon the County Auditor's bond register and the tax required by law has been levied. 7.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP,Bond Counsel,certified copies of all proceedings and records relating to the Bonds and such other affidavits,certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds,as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates,including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. 7.03. Official Statement. The Official Statement relating to the Bonds,dated December_, 2002,prepared and distributed by Northland Securities,Inc.,the financial consultant for the Issuer, is hereby approved. Northland Securities,Inc. is hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price,the interest rates,selling compensation, delivery date,the underwriters and such other information relating to the Bonds required to be included in the Official Statement by the Rule. The officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 7.04. Redemption of Refunded Bonds. The Finance Director is hereby directed to advise Wells Fargo Bank Minnesota,National Association, successor to Norwest Bank Minnesota,National Association,in Minneapolis,Minnesota, as paying agent for the 1992A Bonds, and U.S.Bank National Association, in St.Paul,Minnesota, as successor to First Trust National Association, St. Paul,Minnesota,paying agent for the 1993A Bonds,to call the Refunded Bonds for redemption and prepayment on the Redemption Date in the form attached hereto, all in accordance with the provisions of the resolutions authorizing the issuance of the Refunded Bonds. Upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. NOTICE OF REDEMPTION $1,100,000 General Obligation Park Bonds, Series 1992A Dated July 1, 1992 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:: Maturity Amount CUSIP# Rate 2004 $55,000* 279515J50 5.90% 2005 55,000 * 279515J68 6.00 2006 60,000 * 279515J76 6.05 2007 65,000 * 279515J84 6.10 2008 70,000 * 279515J92 6.15 2009 75,000 * 279515K25 6.20 2010 75,000 * 279515K33 6.25 2011 80,000 * 279515K41 6.25 2012 90,000 * 279515K58 6.30 2013 95,000 * 279515K66 6.30 *Indicates full call. are called for redemption and prepayment on February 1,2003. 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 1,2003,by submitting said bond along with the completed form W-9 to 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. Wells Fargo Bank Minnesota,N.A. Corporate Trust Operations Corporate Trust Operations Corporate Trust Services 6th Street&Marquette Ave. P.O.Box 1517 12th Floor,Northstar East Building Minneapolis,MN 55479-0069 Minneapolis,MN 55480-1517 608 Second Avenue South Minneapolis,Minnesota 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. Additional information may be obtained from the undersigned or from Northland Securities,Inc.,45 S.7th St., Ste.2500,Minneapolis,Minnesota 55402(612-851-5900),financial consultants to the City of Eden Prairie,Minnesota. Dated: December 17,2002. WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION (Successor to Norwest Bank Minnesota, National Association,Minneapolis,Minnesota) NOTICE OF REDEMPTION $3,400,000 General Obligation Park Bonds,Series 1993A Dated May 1, 1993 City of Eden Prairie,Hennepin County,Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on February 1,2003, all outstanding Bonds of the above referenced issue,dated May 1, 1993,maturing February 1 in the following years and having the interest rates and CUSIP numbers listed below: Maturity Amount CUSIP# 2004 $190,000* 279515Q37 5.40% 2005 200,000* 279515Q78 5.50 2006 210,000* 279515R36 5.60 2007 220,000* 279515R77 5.65 2008 230,000* 279515S35 5.70 2009 245,000* 279515S68 5.75 2010 260,000* 279515S76 5.80 2011 270,000* 279515S84 5.80 2012 285,000* 279515S92 5.85 2013 300,000* 279515T26 5.85 *Indicates full call. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to U.S.Bank National Association, St.Paul,Minnesota, successor to First Trust National Association, St.Paul,Minnesota,on or before said date,when they will cease to bear interest,in the following manner: If by Mail: If by Hand or Overnight Mail: U.S.Bank National Association U.S.Bank National Association Corporate Trust Operations, 3rd Floor Bond Drop Window, 3rd Floor Post Office Box 64111 180 East Fifth Street Saint Paul,MN 55164-0111 Saint Paul,Minnesota 55101 (800)934-6802 In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements,the redeeming institutions are required to withhold 31%of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number,properly certified. This requirement is fulfilled through the submitting of a W-9 Form,which may be obtained at a bank or other financial institution. The Paying Agent shall not be responsible for the selection of or use of the CUSIP number,nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the bond holders. Additional information may be obtained from the undersigned or from Northland Securities,Inc.,45 S. 7`h St.,Minneapolis,Minnesota 55402(612-851-5900),financial consultant to the City. Dated:December 17,2002. U.S.BANK NATIONAL ASSOCIATION (successor to First Trust National Association) Competitive Sale Savings Goal=133nhest P.V- Preliminary CITY OF EDEN PRAIRIE,MINNESOTA General Obligation Refunding Bonds,Series 2003A (Refunds the 1992A and I993A Park Bonds) APPLICATION OF FUNDS I ANNUAL DEBT SERVICE PROJECT COSTS Feb-1 DEBT PAR ofBonds To Be Called 3,130,000.00 . YEAR PRINCIPAL RATE INTEREST SERVICE Call Prem(IfAny) 2003 54,970.42 54,970.42 Less D/S Reserve Funds 2004 320,000 1.70% 91,515.00 411,515.00 2005 335,000 2.05% 85,361.25 420,361.25 2006 345,000 2.40% 77,787.50 422,787.50 2007 350,000 2.75% 68,835.00 418,835.00 DOLLARS NEEDED ON CALL DATE 3,130,000.00 2008 355,000 3.05% 58,608.75 413,608.75.. ISSUANCE COSTS 2009 375,000 3.30% 47,007.50 422,007.50 Underwriter's Disc. 0.775% 24,645.00 2010 380,000 3.55% 34,075.00 414,075.00 Bond Counsel 6,000.00 2011 390,000 3.75% 20,017.50 410,017.50 Official Statement 1,000.00 2012 330,000 3.85% 6,352.50 336,352.50 Pm Paid Pay Agent 2,750.00 4.00% • Financial Advisor 15,000.00 Rating Agency Fee 4,000.00 Miscellaneous . Total 53,395.00 SUBTOTAL 3;183,395.00 D/S Cash on Hand Accrued Interest To Closing (1,570.58) Interest To Call Q 1.50% (3,128.18) • Cash(From)To Issuer At Closing 1,303.76 ' GRAND TOTAL-PAR AMOUNT 3,180,000.00 TOTAL 3,180,000 544,530.42 3,724,530.42 DATED DATENEW BONDS 01/012003 EST.CLOSING DATE 01/072003 FIRST INTEREST DATE 08/012003 PRESENT 1ST MATURITY 02/012004 TOTAL VALUE CALL DATE NEW BONDS 02/01/2003 DOLLARS DOLLARS CALL PRICE NEW BONDS 100.00 GROSS D/S REDUCTION 498,909.58 S365,785.24 LAST MATURITY 02/012013 INTEREST EARNED TO CALL. 3,128,18 3,070.89 AVE COUPON RATE THIS ISSUE 3.3072%D/S FUNDS APPLIED NET hhrhCTIVE RATE THIS ISSUE 3.4569%NET EARNINGS APPLIED (1.824.42) (1,824.42) AVE MATURITY YRS THIS ISSUE 5.1777 NET TOTAL S500,213,34 S367,031.71 AVE COUPON RATE OLD BONDS 5.8794% • AVE MATURITY YRS OLD BONDS 6.0242 PRESENT VALUE SAVING% 10.35% ACCRUED INT.TO CLOSING DATE 1,570.58 MINIMUM BID 3,155,355.00 BOND YEARS 16,465.00 - • 1%4'0R'14HLA14ID 0 SEGL7R.I 'IIES 992n-(1) Page/ 11/26/2002 rl CITY COUNCIL AGENDA DATE: SECTION: December 17,2002 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Relating To$2,710,000 General Don Uram,Director Obligation Refunding Bonds (Refunding of I • 1993C Bonds), Series 2003B Requested Action: Move to: Adopt Resolution Relating To $2,710,000 General Obligation Refunding Bonds(Refunding of 1993C Bonds), Series 2003B. Synopsis: The purpose of this refunding bond issue is to refund a portion of the$6,735,000 General Obligation Water and Sewer Refunding Bonds, Series 1993C for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2004 -2008 maturities totaling$2,665,000. The average outstanding coupon rate for the bonds to be refunded is 5.622%. The average coupon on the new bonds is estimated to be 2.565%. Total projected savings is $219,941.54 with a net present value debt service savings of$195,390.72. A detailed analysis of the refunding is included. Attachments: Resolution Refunding Analysis CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 2002- RESOLUTION PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$2,710,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003B BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interests of the City to issue its General Obligation Refunding Bonds, Series 2003B (the Bonds) in the approximate principal amount of$2,710,000, subject to adjustment in accordance with the Terms of Proposal. The Issuer believes that a substantial debt service savings can be achieved by the issuance and sale of the Bonds. The proceeds of the Bonds will be used,together with funds on hand as maybe required,to refund on February 1,2003 (the Redemption Date), the 2004 through 2008 maturities, aggregating$2,665,000 in principal amount outstanding, of the $6,735,000 General Obligation Water and Sewer Refunding Bonds, Series 1993C, dated May 1, 1993 (the Refunded Bonds). 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the Issuer by Northland Securities, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of of and associates (the Purchaser). In accordance with the Terms of Proposal, it is hereby determined to issue the Bonds in the principal amount of $2,710,000 at a price of$ plus accrued interest, and upon the further terms and conditions set forth herein. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. Section 2. Bond Terms; Registration;Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be performed precedent to and in the valid issuance of the Bonds having been done,now existing, having happened and having been performed,it is now necessary for the City Council to establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Bonds shall be originally dated as of January 1,2003, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2004 $565,000 2005 575,000 2006 570,000 2007 595,000 2008 405,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein;provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof,in accordance with Section 2.08 hereof,principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1,2003,to the owner of record thereof as of the close of business on the fifteenth day of the preceding month,whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. The Bonds shall not be subject to redemption prior to their stated maturity dates. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints , in Minnesota, as the initial bond registrar,transfer agent and paying agent(the Registrar). The Mayor and the City Manager are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation,if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty(30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all a3 cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer,in form satisfactory to the Registrar,duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees,one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it,in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not,for the purpose of receiving payment of or on account of,the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes,Fees and Charges. For every transfer or exchange of Bonds(except for an exchange upon a partial redemption of a Bond),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it,in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Manager and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated,the Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean,whenever used with respect to a Bond,the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co."shall mean Cede&Co.,the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC"shall mean The Depository Trust Company of New York,New York. IDS "Participant"shall mean any broker-dealer,bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter"shall mean the Representation Letter pursuant to which the Issuer agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede&Co., as nominee of DTC. The Registrar and the Issuer may treat DTC(or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution,registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any Participant,with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds,with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution,with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede &Co., as nominee of DTC,the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond only to Cede&Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co.,the Bonds will be transferable to such new nominee in accordance with paragraph(e)hereof. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the Issuer may notify DTC and the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event,the Bonds will be transferable in accordance with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph(e)hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b) or(c)hereof,such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede&Co.,its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto,including,without limitation,the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF EDEN PRAIRIE GENERAL OBLIGATION REFUNDING BOND, SERIES 2003B Interest Rate Maturity Date Date of Original Issue CUSIP No. February 1,20_ January 1,2003 REGISTERED OWNER: CEDE&CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS The City of Eden Prairie, County of Hennepin,State of Minnesota(the Issuer) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above,or registered assigns,the principal amount specified above on the maturity date specified above,without option of prior payment,with interest thereon from the date hereof at the annual rate specified above,payable on February 1 and August 1 in each year, commencing August 1,2003,to the person in whose name this Bond is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30- day months. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by , in ,Minnesota, as Bond Registrar and Paying Agent,or its designated successor under the Resolution described herein (the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of$2,710,000 issued pursuant to a resolution adopted by the City Council on December 17,2002(the Resolution),to provide funds to refund certain outstanding general obligation Bonds of the Issuer and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling,including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form,in denominations of$5,000 or any integral multiple thereof,of single maturities. As provided in the Resolution and subject to certain limitations set forth therein,this Bond is transferable upon the books of the Issuer at the principal office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar,duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date,subject to reimbursement for any tax,fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Bond,so long as this Bond is registered in the name of Cede& Co., as nominee of The Depository Trust Company,or in the name of any other nominee of The Depository Trust Company or other securities depository,the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede &Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the Issuer. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. • IT IS HEREBY CERTIFIED,RECITED,COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms,have been done, do exist,have happened and have been performed as so required;that the Issuer has established its General Obligation Refunding Bonds, Series 2003B Bond Fund and has appropriated thereto the net operating revenues of its municipal sewer and water system(the Sewer and Water System),which together with other funds appropriated by the City are estimated to be receivable in years and amounts not less than five percent in excess of the principal of and interest on the Bonds when due;that if necessary for the payment of such principal and interest when due,additional ad valorem taxes are required to be levied upon all such property,without limitation as to rate or amount; that the issuance of this Bond does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds,dated as of the date of original delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF,the Issuer,by its City Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. ADOPTED by the Eden Prairie City Council on December 17,2002. CITY OF EDEN PRAIRIE,MINNESOTA Scott H.Neal, City Manager Nancy Tyra-Lukens, Mayor CERTIFICATE OF AUTHENTICATION Dated This is one of the Bonds delivered pursuant to the Resolution mentioned within. [REGISTRAR], as Registrar By Authorized Representative [Insert Legal Opinion] The following abbreviations,when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM—as tenants in common UTMA as Custodian for (Cust) (Minor) under Uniform Transfers to Minors Act TEN ENT—as tenants by the entireties (State) JT TEN—as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program"as maybe determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [End of the Bond form] Section 3. Use of Proceeds. Upon payment for the Bonds by the Purchaser,the Finance Director shall deposit and apply the proceeds of the Bonds as follows: (a) $ shall be deposited in the sinking fund established for the 1993C General Obligation Sewer and Water Refunding Bonds to be applied to their redemption and prepayment on their date of redemption(February 1, 2003), in accordance with the provisions of the resolution authorizing their issuance; (b) $ shall be used to pay issuance expenses of the Bonds; and(c) $ 'shall be deposited in the Bond Fund created pursuant to Section 4.01 hereof. Section 4. General Obligation Refunding Bonds, Series 2003B Bond Fund and Pledge of Revenues and Taxing Powers. 4.01. General Obligation Refunding Bonds, Series 2003B Bond Fund. The Bonds shall be payable from a separate and special General Obligation Refunding Bonds, Series 2003B Bond Fund(the Bond Fund) of the Issuer,which the Issuer agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other moneys on hand in other funds of the Issuer,which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund shall be paid: (a) any accrued interest and unused discount received from the Purchaser upon delivery of the Bonds; (b) subsequent to the Redemption Date,the Sewer and Water System revenues described in Section 4.02; and(c) any other funds appropriated by the Council for the payment of the Bonds. 4.02. Sufficiency of Sewer and Water System Revenues. It is hereby found, determined and declared that the City owns and operates its municipal sewer and water system (the Sewer and Water System) as a revenue-producing utility and convenience and that the net operating revenues of the Sewer and Water System, after deducting from the gross receipts derived from charges for the service,use and availability of the Sewer and Water System the expenses of operation and maintenance thereof(excluding interest, amortization and depreciation),will be sufficient,with any other funds actually appropriated by the City,for the payment when due of the principal of and interest on the Bonds herein authorized, and on any other bonds or other obligations of the City to which such revenues are or may be pledged. The Bonds shall not be secured by a mortgage lien upon or security interest in any part of the Sewer and Water System. 4.03. Rate Covenant. Pursuant to Minnesota Statutes, Section 444.075,the City hereby agrees with the registered owners from time to time of the Bonds,that until the Bonds and the interest thereon are paid in full, or are discharged as provided in Section 5, the City will impose and collect reasonable charges for the service,use and availability of the Sewer and Water System, according to schedules which will produce net revenues sufficient,with any other funds appropriated by the City, to pay all principal and interest when due on the Bonds and any other bonds or other obligations of the City to which said net revenues have been or maybe pledged; and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of and interest on the Bonds and shall be credited to the Bond Fund as required. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the Sewer and Water System for payment of additional bonds or other obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Sewer and Water System will be sufficient,with any other sources pledged to the payment of the Bonds, any other outstanding obligations payable in whole or in part from said net revenues and the additional obligations, for payment of the Bonds, any such other outstanding obligations and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation of net revenues herein made. 4.04. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due,the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. However,the City presently estimates that the payments to be received from the Sewer and Water System and appropriated to the Bond Fund pursuant to Section 4.01 hereof,together with interest earnings thereon, will be at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds and therefore no ad valorem taxes are required to be levied at this time. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or,if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, 5l with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Section 6. Tax Covenants; Arbitrage Matters and Continuing Disclosure. 6.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code)and applicable Treasury Regulations(the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. 6.02. Certification. The Mayor and City Manager being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be"arbitrage bonds"within the meaning of the Code and Regulations. 6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records,make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes. 6.04. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct,indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein,in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means,in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof,if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein,Beneficial Owner means, in respect of a Bond, any person or entity which(i)has the power, directly or indirectly,to vote or consent with respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries),or(b)is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide,in the manner set forth in subsection (c)hereof, either directly or indirectly through an agent designated by the City,the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31,2002,the following financial information and operating data in respect of the City(the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof,the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates,Levies and Collections. . Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof,the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference,if it is updated as required hereby, from other documents,including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection(c) or to the SEC. If the /33 document incorporated by reference is a final official statement,it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect;provided,however,if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2)hereof), then, from and after such determination,the Disclosure Tn formation shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1) or subsection(d),then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner,notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase,holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. -1 -3y (3) In a timely manner,notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph(b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection(b) to the following entities by telecopy, overnight delivery,mail or other means, as appropriate: (1) the information described in paragraph(1) of subsection(b),to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs(2) and (3) of subsection(b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection(b),to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2)of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence,however,the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. 35 (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time,without notice to (except as provided in paragraph(c)(3)hereof) or the consent of the Owners of any Bonds,by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel,who may rely on certificates of the City and others and the opinion may be subject to customary qualifications,to the effect that: (i) such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity,nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended,the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph(b)(5) of the Rule. Section 7. Certification of Proceedings and Redemption of Refunded Bonds. 7.01. Registration of Bonds. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds have been duly entered upon the County Auditor's bond register and the tax required by law has been levied. 7.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP,Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as maybe required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates,including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. 7.03. Official Statement. The Official Statement relating to the Bonds,dated December_,2002,prepared and distributed by Northland Securities,Inc.,the financial consultant for the Issuer, is hereby approved. Northland Securities,Inc.,is hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser within seven business days from the date hereof,a supplement to the Official Statement listing the offering price,the interest rates, selling compensation, delivery date,the underwriters and such other information relating to the Bonds required to be included in the Official Statement by the Rule. The officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 7.04. Redemption of Refunded Bonds. The City Clerk is hereby directed to advise U.S.Bank National Association, successor to American National Bank and Trust Company, St.Paul,Minnesota, as paying agent for the Refunded Bonds,to call the Refunded Bonds for redemption and prepayment on the Redemption Date in the form attached hereto, all in accordance with the provisions of the resolutions authorizing the issuance of the Refunded Bonds. Upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. NOTICE OF REDEMPTION $6,735,000 General Obligation Sewer and Water Refunding Bonds,Series 1993C Dated May 1, 1993 City of Eden Prairie,Hennepin County,Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on February 1,2003,all outstanding Bonds of the above referenced issue, dated May 1, 1993,maturing February 1 in the following years and having the interest rates and CUSIP numbers listed below: Maturity Amount CUSIP# Rate Maturity Amount CUSIP# Rate 2004 $490,000 279515Q52* 5.40% 2007 .$555,000 279515R93* 5.65% 2005 505,000 279515Q94* 5.50 2008 595,000 279515S50* 5.70 2006 520,000 279515R51* 5.60 * indicates full call. The Bonds will be redeemed at a price of 100%of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to U.S.Bank National Association, St.Paul,Minnesota, successor to American National Bank and Trust Company, St.Paul, Minnesota, on or before said date,when they will cease to bear interest,in the following manner: If by Mail: If by Hand or Overnight Mail: U.S.Bank National Association U.S.Bank National Association Corporate Trust Operations,3rd Floor Bond Drop Window,3rd Floor Post Office Box 64111 180 East Fifth Street Saint Paul,MN 55164-0111 Saint Paul,Minnesota 55101 (800)934-6802 In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements,the redeeming institutions are required to withhold 31% of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number,properly certified. This requirement is fulfilled through the submitting of a W-9 Form,which may be obtained at a bank or other financial institution. The Paying Agent shall not be responsible for the selection of or use of the CUSIP number,nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the bond holders. Additional information may be obtained from the undersigned or from Northland Securities,Inc.,45 S. 76' St.,Minneapolis,Minnesota 55402(612-851-5900), financial consultant to the City. Dated:December 17,2002. U.S.BANK NATIONAL ASSOCIATION COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned,being the duly qualified and acting County Auditor of Hennepin County,Minnesota,hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on December 17,2002,by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$2,710,000 General Obligation Refunding Bonds, Series 2003B, dated as of January 1,2003. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal , 2003. County Auditor (SEAL) 39 SIvasp37.E.�n Me SS88ESS88888888S8888 ,•, coo.B.= -. X • O tl ri� •n604 m�« oo 0000 o o66 6666666666 0: � 0..i g C gR �v� nv-vao o, ' — .' t L O F A. 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N Ca Vl ,n o..G' S$ Op 8 0 0 —n 0 0 N N .O N 0 ..- .. . 4, 44 . G 4 A q < z A c z 8 8 o S w �� 4 0 o u v' q E ? C o " 0 14 r o cr < D r M EC . n.� i7 0 4a `c u c .�: Q C oq G c} �4 p ID l.'' p O 00 iL m II z O G.,... O Z Op....o ♦( V ^ G I...,, G = u C 1 , G�. t O V I.) V 2 o 0 s 4 A U< . a us ... - :afi A' n & aG. - [:1H U �cc_vAo ob � v � IIs � vD 0 '0 a . sa 5..= " � °u Vp = vw 5X `o s � cirrGg› Z— � • <Z< J . a «vU 40 'r 1 TRUTH-IN-TAXATION HEARING UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MONDAY,DECEMBER 2,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE Mayor Tyra-Lukens stated the purpose of a Truth-in-Taxation Hearing is for the City to present to the citizens of Eden Prairie an overview of the City's budget and reasons for tax changes. She said this is not the time for review of individual tax bills, and those with questions on individual tax bills may contact Cohn Schmidt. III. PUBLIC HEARING A. OVERVIEW OF 2003 PROPOSED BUDGET AND TAX LEVY City Manager Scott Neal said this hearing is an opportunity for citizens to come forward and speak to City Council and City Staff about budget priorities and City finances. He said 2003 will be the second year of a two-year budget process, and although Council has previously reviewed and approved it, state statutes require the Council to approve it as the official 2003 budget. Management and Budget Director Don Uram gave an outline of the process and framework of the City's 2003 budget. He gave a Powerpoint presentation that included detailed summary and objectives. He said the General Fund Budget totals $31.6M and is broken up into two components - the property tax levy and debt service levy. He said the total property tax levy is a 0% increase over 2002. He said the City property tax, based on median value home of$257,900, is increased by $463 and includes Hennepin County, the school district, including the recently passed referendum, the City and other jurisdictions. Uram said objectives include continuing the Capital Improvements Program, funding necessary services and staff, comply with levy limits and ensure reasonable tax impacts. He said levy limits for Pay 2003 limit the City's ability to raise property taxes to $23,337,073 which is a 3% increase over Pay 2002. He said factors used in determining calculations of the levy limits include the Implicit Price t TRUMAN IN TAXATION HEARING December 2,2002 Page 2 Deflator(0.76%),Household Growth Adjustment(1.6%) and Market Value of New Commercial/Industrial Construction Adjustment(0.65%). Uram said in the calculation of levy limits, Staff has noticed a difference household growth adjustment. He said Staff has calculated household growth at 7% and the State Department of Revenue calculated it at 1.6%. He said the City is servicing a larger population than the MET Council and Dept. of Revenue have calculated. He said the City's population is approximately 58,670. Mosman asked if the factors used are determined by the State Dept. of Revenue. Uram said they were. Luse asked about the impact of the difference in Household Growth Adjustment. Uram said the State is basing the levy amount on a smaller population than what Staff believes they are actually serving. Uram reviewed the Total Property Tax, Property Tax Distribution and the City Property Tax with a residential increase of 3.63% and apartment and commercial properties showing a decrease of 17.8% and 11.4% respectively. In General Fund Revenues, he said Intergovernmental Revenues show an increase of 14% that includes local government aid that was increased from the State last year for the city and totals approximately $172,00. He said depending on what happens with the State budget,this may or may not be received. Uram said in General Fund Expenditures, the key to the Community Development/Finance budget included an additional $55,000 for economic development purposes. He said in an overall operation standpoint, there is an increase of about 3%. He said new employees for 2003 include two police officers, a fire inspector and some miscellaneous positions. He noted there is also a tax abatement of $300,000 in accordance with an agreement between the City and ADC to help fund intersection improvements at Technology Drive and Mitchell Road. Uram said the Staff expectation is that the $300,00, prior to the certification of the final levy, will be reduced based on the final determination of the value of the ADC building. He said overall, the City's budget from 2002 to 2003 is up 1%. The median value homeowner pays $73.83 for City services per month. Case said the debt service reduction is looking better this year and asked if it was primarily due to a better interest rate or retiring debt.Uram said Staff has refunded or restructured debt where possible, some of the debt has been called, and some of the debt has matured. He said Staff is also evaluating additional refunding opportunities which should save additional monies. Uram said the City's bond rating is AA1. Uram said the City is ranked among the top 7 communities in the State for bond rating. Uram also reviewed Utility Fund Budget and Liquor Fund Objectives and Budget. In summary,he said the General Fund Budget is $31.6M; Property Tax Levy includes a General Fund of$23.3M and Debt Service of$2.36M; and Total Property Tax Levy is$25.66M with a 0%increase over 2002. TRUTH IN TAXATION BEARING December 2,2002 Page 3 Case asked what types of homes are included in the median value home. Steve Smell said townhomes are nearly the same as median value and condos a little less. Smell noted that property taxes are a budget driven tax, so if one group of taxpayers values are up, another will be down. He said commercial properties are down because values are down,with houses value increasing. Mosman asked about the 3%increase for residential homes,but median values had gone up 10%. Sinell said the 3%is after factoring in that the value had changed. Case noted that the 3%is only the City portion of the tax bill. Smell said the typical median family home has a truth-in-taxation notice that would include all of their property, district, city, county, and with the school referendum, will be about 16%. B. PUBLIC COMMENT AND DISCUSSION There was no public comment. IV. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Case moved, seconded by Mosman,to close the Public Hearing. Motion carried 4-0. V. ADJOURNMENT MOTION: Luse moved, seconded by Mosman,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:27 p.m. i3 i UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,DECEMBER 3,2002 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. PARK AND OPEN SPACE PLAN Park and Recreation Director Bob Lambert explained that the Park and Open Space Plan is part of the City's overall Comprehensive Guide Plan. The Park and Open Space Plan was last updated in 1988, and is scheduled to be updated every 10 years. Staff began updating the plan in 1998,but found that the task was so time-consuming that a consultant, SRF,was hired to complete the work. Lambert said one of the main purposes of the plan is to have detailed standards for park and open space development throughout the City to help ensure consistency and fairness. The consultant researched park and open space practices of nearby communities of similar size and demographics;however, Lambert cautioned that no two communities are completely comparable. Chapter 3 of the plan analyzes these comparisons. Lambert said the plan also addresses future needs and priorities using the same formulas that were used in 1978 and 1988. Chapter 9 focuses on future trends, and is based partly on a brainstorming session the consultant conducted with P &R staff. Lambert said changes in technology and demographics will be the main drivers of future changes. Baby Boomers,who are starting to enter retirement,will have significant impacts on recreation and leisure services. Lambert said he plans to recommend formation of another citizens' taskforce to study and develop recommendations for what is currently the Senior Center. Lambert said he would like to rename the center to reflect a broader range of programs for the elderly as 99 well as other populations,such as Somali and Russian immigrants,that don't currently have good access to services. Lambert said he will be announcing a reorganization of the Parks and Recreation Department based partly on the new Park and Open Space Plan. He said some of these changes will be significant. Lambert noted that one of the City's goals is to have a park within half-mile of every Eden Prairie residence. Lambert said once the Memorandum of Understanding with the MAC is finalized,the City will be able to accomplish this goal. Lambert said the Park and Open Space Plan has been reviewed by the Community Planning Board,which recommended approval. The City Council will hold a public hearing on the proposed plan on December 17. After receiving Council approval,the plan will be sent to surrounding communities for comment. Finally,the plan will be submitted to the Met Council. Lambert says he expects final comments to be back by March or April. Lambert stressed how important the Park and Open Space Plan has been as a planning tool for the City for the past two decades. He said it has helped the City do a good job of preserving land for various uses. Some of those uses are currently being re- evaluated. For example, some softball fields may be converted to LaCrosse or soccer fields. Councilmember Case asked if Parks and Recreation can get to where they need to be in regard to infrastructure without holding a referendum. Lambert said they cannot do so without a referendum. He said the City needs to acquire the last 30 acres of the Flying Cloud Ball fields and to consider installing recreational athletic turf at some of the lighted fields at Miller Park that see particularly heavy use. Lambert said it will be important to reanalyze the number for the proposed third ice rink, since it is getting harder to sell ice time past 9:00 p.m. and more ice rinks have been built in the Twin Cities. IV. OTHER TOPICS Economic Development Manager David Lindahl informed Council he had received a letter from North American Properties withdrawing their request for Tax Increment Financing for affordable housing at the Southwest Station development. Lindahl said North American told him they had inadvertently neglected to inform their lender of the affordable housing portion of the project when they applied for financing. Upon learning of the affordable housing component,the lender reportedly threatened to withdraw approval. Lindahl said he plans to invite the lender in to meet with the City to discuss the proposal. He stressed the project will go forward,but that it may or may not include the affordable housing component. Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) There were no scheduled participants for this portion of the meeting. VI. OPEN PODIUM(Unscheduled participants,6:50-7:00 p.m.) No one requested to speak during this portion of the meeting. VII. ADJOURNMENT — t5 V1 ( , UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 3,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Public Works Director Eugene Dietz,Management and Budget Director Don pram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber.Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office (at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added a report on the 494 Corridor under Item XIII.A. Rosow added a report on the Flying Cloud Airport Agreement under Item XIII.I. MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD NOVEMBER 12, 2002 MOTION: Mosman moved, seconded by Butcher,to approve as published the minutes of the Council Workshop held November 12, 2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD NOVEMBER 12,2002 MOTION: Luse moved, seconded by Case,to approve as published the minutes of the City Council Meeting held November 12,2002.Motion carried 5-0. LAC CITY COUNCIL MEETING December 3,2002 Page 2 C. COUNCIL WORKSHOP HELD NOVEMBER 19,2002 MOTION: Case moved, seconded by Mosman,to approve as published the minutes of the Council Workshop held November 19,2002.Motion carried 4-0. Luse abstained. D. CITY COUNCIL MEETING HELD NOVEMBER 19, 2002 MOTION: Case moved, seconded by Butcher,to approve as published the minutes of the City Council Meeting held November 19, 2002. Motion carried 4-0. Luse abstained. VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2002-185 EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA MOTION: Butcher moved, seconded by Case,to approve Item A of the Consent Calendar.Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS A. RESOLUTION RELATING TO TAX INCREMENT FINANCING PLAN (QUALIFIED HOUSING) DISTRICT 19 City Manager Scott Neal said he received communication today from North American Properties withdrawing their request and interest in the tax increment financing that was the subject of this public hearing. He added that it would be Staffs intent,however, to continue to pursue affordable housing in Southwest Station project and bring this back to the Council at a future date. MOTION: Case moved to close the Public Hearing,noting that the developer's intent was to withdraw the request for the affordable housing, and moved to direct Staff to pursue the original goals. Seconded by Mosman, motion carried 5-0. B. BRYANT LAKE HEIGHTS by James Perkins. Request to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights, amendment of Exhibit C,paragraph XIII of the Developer's Agreement,by deleting the requirement that all structures on Lot 2,Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3,Block 1,Bryant Lake Heights. Location: 7012 Willow Creek Road. City Manager Scott Neal stated that official notice of this public hearing was published in the November 21, 2002, Eden Prairie News and sent to 14 property owners.He said James and Raynelle Perkins want to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie CITY COUNCIL MEETING December 3,2002 Page 3 and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C, paragraph XIII of the Developer's Agreement by deleting the requirement that all structures on Lot 2, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Neal said Staff recommends the developer's agreement be amended as proposed for the following reasons: 1. The decision of the District Court to allow the existing house to remain was an affirmative decision which would make it extremely difficult if not impossible for Perkins to perform on the condition of the developer agreement to have the existing house torn down on Lot. 2. 2. The decision of the Board of Appeals and Adjustments to approve additions to the existing house on Lot 2 was an affirmative decision that would make it extremely difficult if not impossible for Perkins to perform on the condition of the developer agreement to have the existing house torn down on Lot 2. 3. The decision of the City Council to approve a variance for a 75-foot setback from the lake for a new house on Lot 2 was an affirmative action that would enable the removal of the existing house on Lot 2, thus allowing Perkins to build a home on Lot 1 and Lot 3. 4. Building a new house on Lot 2 pursuant to the variance would be consistent with the approved 75-foot setback of the August 3, 1999 agreement. 5. Building a new home on Lot 1 and Lot 3, at a setback of 100 feet from the lake would be consistent with the August 3, 1999 agreement and City Code. Neal said Staff also recommends the following conditions for building permit issuance for Lot 1 and Lot 3: 1. The old shed and the lumber pile on Lot 3 are removed prior to issuance of any building permits for Lot 3. 2. The cottage on Lot 2 should be removed prior to issuance of any building permits for Lot 1. Mike Franzen noted that Staff recommendations were prepared jointly with the recommendation advice from the City Attorney and Council on this matter. Jeff Olson of 7010 Willow Creek Rd.,representing Perkins, said tonight is a formality of approval. He noted the history of this project and commended Staff on the report. He said he is concerned about clarification on removal or destruction of structures, asking for exception for the driveway permit for across Lots 3 and 2 to Lot 1; and also exception of the permit for the drain field for the septic system prior to removing the building. Olson asked for an exception regarding the lumber pile, that it not be removed. There was no further public comment. MOTION: Case moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. CITY COUNCIL MEETING December 3,2002 Page 4 Case said the only role that the Council played in preventing the Perkins' from performing was the gazebo, and he did not vote for the original agreement because he has concerns about the shared septic system. Because of potential damage to the septic and driveway issues, he said he is not in support of this. He said the Bergland house is not a Council issue. Luse said he has concerns about setting a precedent, and Council has an attorney opinion and Staff recommendation on this, so he recommends voting it down. Tyra-Lukens said this proposal has required much extensive discussion and time so far and the removal of the structure on Lot 2 was a prominent part of the discussions and not an afterthought. She said the issues of the driveway and septic system are critical factors and it's important that Council sticks to its guns. Rosow said if Council is not planning to approve this request tonight,he recommends Council direct Staff to prepare findings supporting a denial of request. He said the findings will be brought to the Council. He said he would anticipate including an option in the motion for the gazebo so as to clarify actions. Luse noted that it's important that Council actions are consistent with overall history of this property. MOTION: Case moved to direct Staff to develop written findings for denial and bring them back to Council at the next meeting, along with alternatives with respect to the gazebo. Seconded by Butcher, motion carried 5-0. C. HENNEPIN VILLAGE RLS by The Pemtom Land Company. Request for an RLS subdivision of 102 acres into 2 lots. Location: Part of Tract D of RLS No. 1667. (Resolution No. 2002-186 to Approve Registered Land Survey) City Manager Scott Neal said official notice of this public hearing was published in the November 21, 2002, Eden Prairie News and sent to 9 property owners. He said Dan Herbst, Pemtom Land Company,wants to purchase land from Lynn Charlson. A registered land survey is required. The survey shows 102 acres divided into Tract A (29.70 acres) and Tract B (73 acres). Both tracts meet the 10 acre minimum lot size in the rural zoning district. The Community Planning Board voted 9-0 to recommend approval of the project to the City Council at the November 25,2002 meeting. The staff recommends approval of the project based on plans dated November 22,2002, subject to the recommendations of the Staff Report dated November 22, 2002. There were no public comments. MOTION: Case moved, seconded by Mosman,to close the Public Hearing and adopt Resolution No. 2002-186 for Registered Land Survey of 102 acres into two tracts. Motion carried 5-0. 9 CITY COUNCIL MEETING December 3,2002 Page 5 VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman, and Tyra- Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Mosman reported that an update on the 494 Corridor was given at the November meeting and the retaining wall at West Bush Lake Road is 3/4 done; the additional lanes between East Bush Lake Road and Highway 212 has been done; and the • additional lanes between East Bush Lake Road and Highway 100 has been scheduled for late 2004. She said the timeline is uncertain because it depends on the Federal Highway Administration Award, and completion of the project will include an additional lane in each direction, expansion of auxiliary lanes, and there will be exits off 494 at East Bush Lake Road in both directions. She also said there is an effort to keep this as a priority and a public relations firm has been hired. Luse said he will not be at the next meeting. He added he has appreciated his colleagues and also the chance to serve as a councilmember for Eden Prairie. Tyra- Lukens said it's been a pleasure working with Luse and thanked him for his work on the Council. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF THE FIRE CHIEF H. REPORT OF MANAGEMENT AND BUDGET DIRECTOR CITY COUNCIL MVETING December 3,2002 Page 6 I. REPORT OF CITY ATTORNEY Rosow stated that today the Planning and Environment committee of the Metropolitan Airport Commission met to consider recommendation to the full commission on the agreement between the City and MAC on airport operations with respect to amendment to Ordinance 51, and approval of a memo of understanding with respect to infrastructure improvements,roads,utilities, streets, sewer access charges, assessments and park property. He said the committee chair commented in support of the City agreements and Staff recommendations. Rosow said the committee complimented this Council. He said Northwest Airlines representatives spoke in opposition. He said the committee voted unanimously to recommend full approval to the board, and the board will meet Dec. 16 at 1 p.m. to take action. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION:Mosman moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:58 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Police/C.O.P.Unit Clerk's License Application List ITEM M NO.: Gretchen Laven .A I q These licenses have been approved by the department heads responsible for the licensed activity. NEW LICENSES Girarrosto Toscano, Inc. Temporary Liquor DBA: Girarrosto Toscano Organization: Eden Prairie Lions Club Hops of Minnesota,Ltd Event: Taste of Eden Prairie DBA:- Hops Restaurant Bar&Brewery Date: January 25th, 2003 Kabuki,Inc. Place: Eden Prairie Center DBA: Kabuki Restaurant Leiserv,Inc. On-Sale Wine with Strong Beer DBA: Brunswick Eden Prairie Lanes CEEFAY Leasing, Inc. DBA: Watertower Brewing Co. DBA: Dunn Bros. Coffee Olympic Hills Corporation DBA: Olympic Hills Golf Club RENEWED LICENSES FOR 2003 Outback/Midwest-II Ltd DBA: Outback Steakhouse On-Sale and Sunday Liquor Pickled Parrot II, LLC Apple American Ltd Ptsp of MN DBA: Pickled Parrot DBA: Applebee's Neighborhood Grill/Bar Purple Star, Inc. Bearpath Golf&Country Club Ltd Ptsp of MN DBA: Green Mill of Eden Prairie DBA: Bearpath Golf&Country Club Redstone American Grill, Inc. Bent Creek Golf Club, Inc. DBA: Redstone American Grill, Inc. DBA: Bent Creek Golf Club Shady Oak Hospitality Ltd Ptsp Biaggi's Ristorante Italiano,LLC DBA: Hilton Garden Inn DBA: Biaggi's Ristorante Italiano Minneapolis/Eden Prairie BUCA Restaurants 2, Inc. Starmark Holdings,LLC DBA: BUCA di BEPPO DBA: Stars Restaurant-Flagship Campiello, Inc. TA,Inc. DBA: Campiello DBA: Great Mandarin Restaurant Champps Operating Corporation Timber Lodge Steakhouse,Inc. DBA: Champps Americana DBA: Timber Lodge Steakhouse Chevy's Cuatro, LLC Wildfire Eden Prairie,LLC DBA: Chevy's Fresh-Mex DBA: Wildfire Courtyard Management Corporation DBA: Courtyard by Marriott Don Pablo's Operating Corporation DBA: Don Pablo's Gemelli, LLC DBA: Woody's Shady Oak Grille City Council Agenda (12/17102) Clerk's License Application List—Page 2 RENEWED LICENSES-2003 (cont.) 3.2 Beer Off-Sale Jerry's Enterprises,Inc. On-Sale Wine with Strong Beer DBA: Cub Foods Cam Ranh Bay, Inc. DBA: Jerry's Foods Eden Prairie DBA: Cam Ranh Bay Restaurant Lions Tap, Inc. D'Amico &Sons, Inc. DBA: Lions Tap DBA: D'Amico &Sons PDQ Food Group, Inc. Detello's,Inc. DBA: PDQ Store#215 DBA: Detello's Pizza&Pasta Rainbow Food Group, Inc. Fuddruckers, Inc. DBA: Rainbow Foods DBA: Fuddruckers Speedway SuperAmerica,LLC India Palace New, Inc. DBA: SuperAmerica#4159 DBA: India Palace DBA: SuperAmerica#4269 Little Sushi,Inc. DBA: SuperAmerica#4441 DBA: Little Sushi Tom Thumb Food Markets, Inc. New Beijing, Inc. DBA: Tom Thumb#269 DBA: New Beijing Chinese Restaurant Civitali Restaurant Corporation Cigarette & Tobacco Products DBA: Punch Neapolitan Pizza Bearpath Golf& Country Club Ltd Ptsp DBA: Bearpath Golf& Country Club On-Sale Club Bent Creek Golf Club, Inc. Eden Prairie Lions Club, Inc. DBA: Bent Creek Golf Club DBA: Eden Prairie Lions Campiello, Inc. DBA: Campiello 3.2 Beer On-Sale Champps Operating Corporation Davanni's, Inc. DBA: Champps Americana DBA: Davanni's Pizza&Hot Hoagies Driskill's Shorewood, Inc. Lions Tap, Inc. DBA: Driskill's New Market DBA: Lions Tap Hiawatha Marketing,Inc. Marriott International DBA: Eden Prairie Grocery DBA: Residence Inn Eden Prairie Hops of Minnesota, Ltd. DBA: Hops Restaurant Bar&Brewery Jerry's Enterprises,Inc. DBA: Cub Foods DBA: Jerry's Foods Eden Prairie Leiserv, Inc. DBA: Brunswick Eden Prairie Lanes DBA: Watertower Brewing Co. Luxus Corporation DBA: Eagle Mobil Norseman Oil Co, Inc. DBA: Mark's Aztec Amoco DBA: Mark's Eden Prairie Amoco DBA: Mark's Hwy 5 Amoco Olympic Hills Corporation DBA: Olympic Hills Golf Club 5 City Council Agenda (12/17102) Clerk's License Application List—Page 3 RENEWED LICENSES-2003 (cont.) Commercial Kennel Affiliated Emergency Veterinary Service,PLC Cigarette&Tobacco Products (cont.) Anderson Lakes Animal Hospital,P.A. PDQ Food Stores,Inc. Kingdale Kennels,Inc. DBA: PDQ Store#215 Phillips Petroleum Co. DBA: Eden Prairie 66#27531 Solid Waste Collectors Purple Star, Inc. Armor Roll-Off Services,LLC DBA: Green Mill of Eden Prairie Aspen Waste Systems Inc. Rainbow Food Group,Inc. BFI Waste Systems of North America,Inc. DBA: Rainbow Foods#048 Lightning Disposal, Inc. Redstone American Grill,Inc. Randy's Sanitation, Inc. DBA: Redstone American Grill JMDL,Inc.DBA:Tidy Disposal Smokers' Haven,Inc. Waste Management-Twin Cities-South DBA: Smokers' Haven Snyder's Drug Stores, Inc. DBA: Snyder Drug#5054 DBA: Snyder Drug#5087 Speedway SuperAmerica, LLC DBA: SuperAmerica#4159 DBA: SuperAmerica#4269 DBA: SuperAmerica 4441 TA,Inc. DBA: Great Mandarin The W. Gordon Smith Co. DBA: Mobil Tom Thumb Food Markets,Inc. DBA: Tom Thumb#269 DBA: Tom Thumb#275 Twin Cities Stores,Inc. DBA: Oasis Market#527 • Twin Cities Avanti Stores,LLC DBA: Food n Fuel Wal-Mart Stores,Inc. DBA: Wal-Mart Store#1855 Walgreen Co. DBA: Walgreens#2970 DBA: Walgreens#05080 Youngstedts,Inc. DBA: Shady Oak Amoco Youssef H. Tadros DBA: Garden Court Gifts CITY COUNCIL AGENDA DATE: December 17,2002 SECTION:_Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Bluff Country Townhomes Engineering Services 10th Addition 1 Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Bluff Country Townhomes 10th Addition Synopsis This proposal is located north of Pioneer Trail and west of Hennepin Town Road. The plat consists of.18 acres to be divided into three townhome lots. This is a replat of Outlot M, Bluff Country Village. Background Information The preliminary plat was approved by the City Council August 17, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on December 7, 1999. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00 • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat RS:ssa • 55 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 10TH ADDITION WHEREAS, the plat of Bluff Country Townhomes 10th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and • requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. • NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Bluff Country Townhomes 10th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 17, 2002. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 17,2002. • Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk iai _ a o = z <u e E e O _ m• CS =Eo Ide o e o = a =_$ `I _ z : s o w !lb _ 0 - - • w we il _ - mE G c a _ gf Fo_ Jx J s e ee }o o o=_ Z — m 3 q gw o J b J 11 LL =G_ 32 G � • F = O = ti o. u `s-_ O o o'E _!ICU 5 me Om "a3 o m 3 w I 7 - 4 i _ x•3 FLU ! m m 4 g 4. � u�•Z$ a • i _ x 'e ; E ; 11 ° b 3 m ; O e oI o _ _ _ g = y0, Ca " • = e2.12 r e z F e lifg m y E• < e o O < 0 2 3e8 _• _ " o 'm' � dim _ _-l_ g W E i c i - F u. is o> • f ILO W •I a f w V` !., J ap O x Y N Z ifte m m � ;= a a w ; 2 m n 0 d n ; e _ 0 C I c y FF _ 2= n >_ g ? e a s a . >1N .. '•m p i< o f a Z N 3 ill• V �, LL O _ h `o _ u�_ H t W O O m - e w < Q I m q - a E n� b u-_1 O C. x : o i' =•I ..e Y > • U = f m `o gi = « n Z O •- w : o = W = S q = 0. O x <a e e O> r m u$r O > i IN! E o m m m C e 3S u Fzit a FZ Ea' =E' a 5 i W e i i 3 ; • <p - <' w x e a C a Y i I _9 o1 U fill 3 a U ill W list. F _ O N 1 u _ m poi z SL c: 0029/E00S 8 coIva e 0 m 0UO n 0)1 FLLHd 1 f 8 =• a$ 8F ki s E n E a' via 1 F10079SON • .cl^ y a 441 it.- Niqt 0019 140909 V0 a Ili z 1 51- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management&Budget A Resolution Regulating Fees and Charges for Don Uram,Director Business Licenses,Permits and Municipal Services. Requested Action Move to: Adopt the Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis This resolution requires approval on an annual basis. Attachments Reports listing changes. Fee Resolution. 2003 Proposed Changes to the Fee Resolution Service 2002 Fee 2003 Fee Description Building Inspections Cash Park Fee Single Family Unit $2,300.00 $2,500.00 All other residential $2,300.00 $2,500.00 Per unit Office,Commercial,Industrial $6,600.00 $7,000.00 Per acre Water/Sewer Connection $13,130.00 $13,520.00 A connection fee of$13,520 per single unit is applicable if the property has not participated in the cost of the utilities by other methods Business License • 7. Other Dog License $18.00 $20.00 Biennual License fee is proratable by year Peddlers $15.00 $25.00 Annual Government issued identification required Community Center Equipment Rental Ice Skates $1.00 $1.50 Per pair Per use Individual Open Swim Youth(ages 5 to 18) $2.50 $3.00 Non Member Members free Family $6.00 $10.00 Non Member Members free Maximum of four family members Senior $2.00 $3.00 Non Member Members free Memberships Corporate Memberships $700.00 $750.00 Five adult memberships Or$150.00 per adult with a To be eligible a company minimum of five must be located in EP Memberships-Non-Resident Youth(18&under) $120.00 $125.00 Adult(19-61) $210.00 $220.00 Wednesday,December 11,2002 Page 1 of 5 Service 2002 Fee 2003 Fee Description Household $300.00 $310.00 Senior $105.00 $125.00 Memberships-Resident Youth(18&under) $85.00 $100.00 A residents either lives or works in Eden Prairie Valid for 12 months from date of purchase Adult(19-61) $160.00 $170.00 Household $230.00 $240.00 Senior(62&up) $80.00 $100.00 Senior citizens receive the 25%off the cost of all following discounts individual Comm.Center recreation programs offered by the City of EP to include: lessons,classes,open swin,open skate, racquetball,fitness center and table tennis. Special Ice Rates-Individual open skate Youth(ages 5 to 18) $2.50 $3.00 Non Members Members free Family $6.00 $10.00 Non Members Members free Maximum of four family members Senior $2.00 $3.00 Non Members Members free Community Center-Policy of Group Rate& Liabilities Group Rentals Youth(ages 5 to 18) $2.50 . $3.00 Tot(ages 4&under) $1.50 $2.00 Family $5.50 $9.00 Maximum of 4 family members Senior(ages 62&over) $1.50 $2.00 Community Garden Plots 20 foot by 30 foot plot Residents only $12.00 $25.00 Senior citizen discount$10.00 Wednesday,December 11,2002 Page 2 of 5 Service 2002 Fee 2003 Fee Description 20 foot by 60 foot plot Residents only $24.00 $50.00 Senior citizen discount$10.00 Customer Service City Code City Code-Bound copy $50.00 $100.00 Original City Code-Bound copy $25.00 $0.00 Per year for maintenance Maps and Printing Video tape of council& $0.00 $5.00 Per tape Plus cost of postage commission meetings Development ' Community Development Deposit 0 to 40 acreas $3,000.00 $3,100.00 A development deposit agreement is required to planned unit developments, planned unit development amendments,rezoning, platting,site plan review, guide plan changes and • environmental assessment worksheets. 41 to 80 acreas $3,500.00 $3,600.00 81+acreas $4,000.00 $4,100.00 Guide Plan Charge $500.00 $515.00 Plus$5.00 per acre Planned Unit Development(P.U.D.)Fee $550.00 $565.00 Plus$5.00 an acre Planned Unit Development Amendment $550.00 $565.00 Plus$5.00 an acre Platting Residential-0 to 10 units $360.00 $370.00 Plus$5.00 a unit Residential-11 or more units $460.00 $470.00 Plus$5.00 per unit Commercial,Industrial, $360.00 $370.00 Plus$25.00 per acre Office,Public-0 to 3 acres Wednesday,December 11,2002 Page 3 of 5 I Service 2002 Fee 2003 Fee Description Commercial,Industrial, $460.00 $470.00 Plus$25.00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $250.00 $255.00 Site Plan Review(City Council) Multi-Family-0 to 10 units $350.00 $360.00 Plus$5.00 per unit Multi-Family-11 or more $450.00 $460.00 Plus$5.00 per unit units Commercial,Industrial,Office, $350.00 $360.00 Plus$25.00 per acre Public-0 to 3 acres Commercial,Industrial,Office, $450.00 $460.00 Plus$25.00 per acre Public-3.1 or more acres Organized Athletics Balifield Tournaments Other youth and adult $40.00 $45.00 Per day,per field tournaments' Additional charge when $10.00 $15.00 Per day,per field lights are used Per field set-up $110.00 $150.00 For new soccer field for tournament Pleasant Hill Cemetery Ground Thawing:November 1 April 1 Cremation Burial $50.00 $25.00 Internment Infant Burials $200.00 $0.00 Casket Burials $325.00 $0.00 Casket burials $0.00 $350.00 Vault size 48 inches by 96 inches Cremation burials $0.00 $150.00 Urn size 8 inches and under Cremation burials $0.00 $175.00 Urn size 8 inches to 12 inches Cremation burials $0.00 $200.00 Urn size 12 inches to 16 inches Casket burials $0.00 $200.00 Vault size 12 inches by 24 inches Wednesday,December 11,2002 Page 4 of 5 2/ Service 2002 Fee 2003 Fee Description Casket burials $0.00 $225_00 Vault size 12 inches by 36 inches Casket burials $0.00 $300.00 Vault size 36 inches by 60 inches Cremation burials $150.00 $0.00 Set Grave Markers Single $50.00 $100.00 Double $100.00 $150.00 Police Dogs • Impounding $25.00 $30.00 1st Offense Year Euthanasia $15.00 $30.00 Fingerprinting Up to three cards $10.00 $0.00 Additional card $5.00 $0.00 Radio Service Radio Maintenance $5.50 $6.00 Mobile Radio Monthly Radio Maintenance $66.00 $78.00 Mobile Radio Annual Radio Maintenance $5.50 $6.00 Portable Radio Monthly Radio Maintenance $66.00 $72.00 Portable Radio Annual Zoning 9.Residential 0-10 units $350.00 $360.00 Plus$5.00 per unit 11 or more units $450.00 $460.00 Plus$5.00 per unit 2.Commercial,Industrial,Office,Public 0-3 acres $350.00 $360.00 Plus$25.00 an acre 3.1 or more acres $450.00 $460.00 Plus$25.00 an acre Wednesday,December 11,2002 Page 5 of 5 • m • m a) o a) a) L a) o T Ch L N U T m Z GS co ca as O Z m U U U U o- a)ao) 0 a3 0c. o oQ oQ oQ oQ S It.hV)0 Z0..1--3-3 Z Q. 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O— CD O L O N C3. 0 cL N a CD O °' �_ = O a N W co COM r 1..._) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002 • - A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: Page Business Licenses 1 Management&Budget Customer Service 3 Facilities 4 Finance 5 Development&Zoning Assessing 6 Building Inspections 7 Development 12 Zoning 14 Zoning-Telecommunications 15 Parks&Recreation Community Center 16 Community Center-Policy of Group Rate&Liabilities 19 Oak Point Pool 20 Beaches 21 Senior Center 22 Special Events 23 Organized Athletics 24 Pleasant Hills Cemetery 25 Community Garden Plots 26 Public Safety Police 27 Fire 30 Public Works Services Engineering 31 Engineering Land Development Services 35 Utilities 36 Facilities Rental Facility Rental Information 39 City Center&Community Meeting Rooms 40 Garden Room 41 Community Center 41 Oak Point Pool 44 Park Facilities Rental 44 Senior Center 46 2803 Fee Rest Service Fee Description Business License 1.Liquor- Non-intoxicating malt liquors On-Sale $500.00 Annual Off-Sale $100.00 Annual • Investigation Fee $500.00 Initial Application 2.Liquor On-Sale On-Sale $7,500.00 Annual • • Investigation Fee $500.00 Intial Application 3.Liquor On-Sale Fraternal Clubs Liquor On-Sale $100.00 Annual • Investigation $500.00 Initial Application 3.5 Liquor On-Sale Non-Fraternal Clubs Liquor On-Sale Annual 50%of annual on-sale fee Investigation $500.00 Initial Application 4.Liquor On-Sale.Wine On-Sale $2,000.00 Investigation $500.00 Initial Application 5.Liquor Other Sunday Liquor $200.00 Annual Special Events $200.00 Per Event 6.Liquor Investigation Fee • An investigation fee not to exceed$500 shall be charged an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior approval,if the investigation is required outside the State Wednesday,December 11,2002 2003 Fee Resod Service Fee Description 7.Other Dog Kennels $55.00 Commercial Annual Dog Kennels $30.00 private Annual Must also purchase individual dog licenses Inspections $0.00 Plumbing No fee-State Bond/Insurance required Commercial Fertilizer $50.00 Annual 1st vehicle Applicator Commercial Fertilizer $25.00 Annual Each Additional Vehicle Applicator Cigarettes $250.00 Annual Dog License $20.00 Biennual License fee is proratable by year Peddlers $25.00 Annual Government issued identification required Bicycle $10.00 Refuse&Garbage Collectors $50.00 Annual 1st Vehicle Refuse&Garbage Collectors $25.00 . Annual Each Additional Vehicle Scavengers $10.00 Annual • • Wednesday,December 11,2002 Zf._ 4 2003 RE Rem Service Fee Description Customer Service City Code City Code-Bound copy $100.00 Original Chapter 11 &12 $10.00 Maps and Printing 1st map per resident No fee-distributed at customer service desk Each additional map per $0.50 Distributed at customer service resident. desk Per square foot $0.50 Miscellaneous printing City Maps $5.00 Small size 2'x3'or less City Maps $9.00 Large size Overlay Composites $11.00 1/2 section Each Mark Hurd Co.topography $12.50 per acre Previously purchased by the Except$9/sheet if topo map map city purchased by other than City and with original purchasers permission. New order through Mark Hurd Co.- their original charge plus$.50/acre CD ROM specifications $20.00 Duplicating costs $0.25 Per page Plus postage,if any City Council minutes $75.00 Annual Pro-rated Video tape of council& $5.00 Per tape . Plus cost of postage commission meetings Planning Commission $50.00 Annual Pro-rated minutes City Council agendas $24.00 Annual Pro-rated Planning Commission $24.00 Annual Pm-rated agendas Wednesday,December 11,2002 3' rt., 0 2003 Fee Resolution Service Fee Description Facilities Audio-Visual Equipment Dry Erase Board(35:5')with $7.50 markers Easel $5.00 Flipchart/Dry Erase $10.00 (24'x301 with paper Extra pad of paper $12.00 Each Overhead projector $15.00 Podium,floor model $7.50 Poldium,table top model $5.00 Slide projector with carousel $15.00 Screen,projection(tripod $10.00 stand)6x6' Microphone/stand& $15.00 speakers Microphone,wireless clip-on $20.00 and speakers TV/VCR on cart $15.00 Building Supervisor Per hour $5.00 Monday-Thursday,5:00 p.m.- 10:00 p.m. Per hour $10.00 Weekends Custodial Per hour $25.00 Time and a half will be charged on weekends Wednesday,December 11,2002 2003 Fee ll Service Fee Description Finance Tax Exempt Financing Charge Application fee $2,000.00 Per transaction Annual fee 1/8 of 1%on the unpaid principal This resolution has no effect This charge is effective for all new balance at the end of each 12- on projects currently projects receiving council month period responsible for a fee persuant authorization on or after March 1, to Resolution No.85-135 and 1991 for the issuance of revenue its subsequent reauthorization authorization and for all existing projects which require council authroization on or after March 1, 1991 • • • • • Wednesday,December 11,2002 5 11 2003 Fee Resolution Service Fee Description Assessing 1. Value Abatement Per parcel $25.00 Per year 2. Copy of Appraisal/Field Card $2.00 3. Electronic copies of Data Bases Media charges Basic set-up charge $300.00 Prepayment required for all set-up includes$100.00 for LOGIS charges • Plus $0.05 Per record Plus media charge 4. Printed copies of reports or databases Basic set-up charge $200.00 Prepayment required for all set-up charges Plus $0.25 Per page 5. Electronic copies of reports Basic set-up charge $200.00 Prepayment required for all set-up charges 'Plus $0.05 Per record 6. Special Assessment Searches. Non-resident $16.00 Per parcel No charge for Eden Prairie residents on searches of their homesteaded property Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Building Inspections Building Permit-Valuation $1 to$500 $23.50 $501 To$2,000 $23.50 1st$500 plus$3.05 each add'I $100 or fraction thereof,to& including$2000 $2,001 to$25,000 $69.25 1st$2,000 plus$14 each add'I $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 1st$25,000 plus$10.10 each add'I$1,000 or fraction thereof,to &including$50,000 $50,001 to$100,000 $643.75 1st$50,000 plus$7 each add'I $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993.75 1st$100,000 plub 5.60 each add'I $1,000 or fraction thereof,to& including$500,000 $500,001 to$1,000,000 $3,233.75 1st$500,000 plus$4.75 each add'I$1,000 or fraction thereof,to &including$1,000,000 $1,000,001&up $5,608.75 1st$1,000,000 plus$3.65 each addl$1,000 or fraction thereof Building Permit Other Inspections&Fees Plan checking 65%of the building permit fee if valuation is greater than$10,000 Reinspection $47.00 Per hour Demolishing or Razing $25.00 Buildings Cash Park Fee Single Family Unit $2,500.00 All other residential $2,500.00 Per unit Office,Commercial,Industrial $7,000.00 Per acre Fire Alarm&Non-Water Suppression Valuation-1 to 1,000 $45.00 Wednesday,December 11,2002 ' 2003 fee Resolution Service Fee Description Valuation-1,001 to 3,000 $45.00 1st$1,000 plus$3 for each additional$100 or fraction thereof Valuation-3,001 to 10,000 $105.00 1st$3,000 plus$13 for each additional$1,000 or fraction thereof Valuation-10,001 to 50,000 $196.00 1st$10,000 plus$7 for each additional$1,000 or fraction thereof Valuation-50,001 and up $280.00 1st$5,000 plus$3 for each additional$1,000 or fraction thereof Plan Check 65%of permit fee Fire Prevention Permits Special Hurd Permit- $95.00 MUFC Article 4 LP gas tank(temporary heat) $25.00 LP gas,flammable& $75.00 combustible liquid tank installation Flammable&commbustible $25.00 Per tank Less than 1,000 gallons liquid tank removal; Flammable&commbustible $45.00 Per tank Greater than 1,000 gallons liquid tank removal; Tents $25.00 Per tent Grease vapor removal $60.00 Per cleaning • system cleaning Fireworks $25.00 Plus standby firefighters at present hourly rate Burning permits $50.00 Per week Limit 2 days per week Recreational fire $0.00 No fee Fire Sprinkler Systems 1-5 heads $45.00 Wednesday,December 11,2002 2003 Fee Resokaion Service Fee Description 5-25 heads $45.00 1st 5 heads plus$17 for each additional 10 heads or fraction thereof 26-50 heads $79.04 1st 25 heads plus$13 for each additional 10 heads or fraction thereof 51-200 heads $118.00 1st 50 heads plus$11 each additional 10 heads or fraction thereof 201 and up $209.50 1st 200 heads plus$5 for each additional 10 heads or fraction thereof Relocate sprinkler heads,piping or applicances-fees are the same as described above for new installations Standpipes $45.00 1st standpipe plus$10 for each additional standpipe Fire Pump $125.00 Heating&Ventilating-Job Valuation 0 to$1,000 $20.00 $1,001 to$10,000 $20.00 1st$1,000 plus$1.50 for each additional$100 or fraction thereof, to and including$10,000. $10,001 to$50,000 $155.00 1st$10.000 plus$12.50 for each additional$1,000 or fraction thereof,to and including$50,000. $50,001 and up $655.00 1st$50.000 plus$10 for each additional$1,000 or fraction thereof. Heating&Ventilating-Other Gas Piping $8.00 Each opening Reinspection $47.00 Double fee All work started without a permit Wednesday,December 11,2002 2003 Fee Resolute Service Fee Description Moving a Building Moving a building $250-00 $1,000 deposit each from the owners of the building and building mover. Moving a garage only $50.00 $1,000 deposit each from the owners of the building and building mover. Plumbing Fixtures $10.00 Each Rough-in fixtures $10.00 Setting fixtures on previous $10.00 Electric water heater $10.00 New ground run for existing $10.00 building Sump and receiving tank $10.00 Water treating device $10.00 (softener) Washer openings $10.00 Silicocks $10.00 For extending water lines $10.00 Sewage disposal(individual) $150.00 Municipal sewer per 100 feet $15.00 Municipal water per 100 feet $15.00 Meter inspection and sealing $15.00 Inside change over-sewer, $15.00 water or both For each openings on gas $8.00 Wednesday,December 11,2002 2003 Re Resolution Service Fee Description Storm Sewer&sub soil $15.00 per 100 feet - drains Gas stove $8.00 Barbecue $8.00 Incinerator $8.00 Minimum permit fee $20.00 Plumbing-Other Inspections&Fees Reinspection fee $47.00 Each Double fee-all work started $47.00 Each without a permit Septic System Pumping $20.00 System Access Charges-Utility Charges For Metro sanitary sewer as established by the Metropolitan Wast Commission System Access Charges-Utility Charges Sanitary Sewer Residential $520.00 Per R.E.C. Industrial,Public,Office $895.00 Per Metro SAC Commercial $1,270.00 Per Metro SAC System Access Charges-Utility Charges Water Residential $2,190.00 Per R.E.C. Industrial,Public,Office $2,830.00 Per Metro SAG Commercial $3,470.00 Per Metro SAC Water/Sewer Connection $13,520.00 A connection fee of$13,520 per single unit is applicable if the property has not participated in the cost of the utilities by other methods Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Development Community Development Deposit 0 to 40 acreas $3,100.00 A development deposit agreement is required to planned unit developments,planned unit development amendments,rezoning, platting,site plan review,guide plan changes and environmental assessment worksheets. 41 to 80 acreas $3,600.00 81+acreas $4,100.00 Guide Plan Charge $515.00 Plus$5.00 per acre Planned Unit Development(P.U.D.)Fee $565.00 Plus$5.00 an acre Planned Unit Development Amendment $565.00 Plus$5.00 an acre Platting Residential-0 to 10 units $370.00 Plus$5.00 a unit Residential-11 or more units $470.00 Plus$5,00 per unit Commercial,Industrial, $370.00 Plus$25.00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $470.00 Plus$25.00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $255.00 Site Plan Review(City Council) Multi-Family-0 to 10 units $360.00 Plus$5.00 per unit • Multi Family-11 or more $460.00 Plus$5.00 per unit units Commercial,Industrial,Office, $360.00 Plus$25.00 per acre Public-0 to 3 acres Wednesday,December 11,2002 zL 2003 Fee ResoIn Service Fee Description Commercial,lndustrial,Office, $460.00 Plus$25.00 per acre Public-3.1 or more acres Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Zoning 1.Residential 0-10 units $360.00 Plus$5.00 per unit 11 or more units $460.00 Plus$5.00 per unit 2.Commercial,Industrial, Office,Public 0-3 acres $350.00 Plus$25.00 an acre 3.1 or more acres $460.00 Plus$25.00 an acre Shoreland Management Ordinance Permits Temporary Structure in $50.00 Public waters Change in structure in public $50.00 waters Multiple dock or dock excess $50.00 of 75' Zoning Amendment and Zoning Appeal(Appeal to Board of Adjustments and Appeals) Zoning amendment $200.00 Variances Residential $275.00 Includes residential zoned properties for new construction, building additions,decks,porches, garages,accessory structures and variances from all chapters of the City Code Variances Other $450-00 Includes variances associated with properties zoned office, industrial,commercial and residential Variances Building or Fire $200.00 Code Appeal Wednesday,December 11,2002 7 y 4�. 2003 Fee Resolution Service Fee Description Zoning-Telecommunications Commercial Wireless Communications towers and/or antennas Administrative $250.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City. Variances required for tower See Development Fees and/or antennas Site Plan Review required See Development Fees for tower and/or antennas Wednesday,December 11,2002 T(\ 2003 Fee Resolution Service Fee Description Community Center Equipment Rental TVNCR Cabinet $15.00 Per use Flip Chart $10.00 Per chart Per use Overhead Projector $15.00 Per use Projector Screen $10.00 Per use Ping Pong Tables $5.00 Per table Per use Racquetball Racquets $2.00 Per racquet Per use Ice Skates $1.50 Per pair Per use Free to Eden Prairie non profit service organization groups. Fitness Center Free with Membership Rental of entire space $50.00 Per hour Non-member individual use $3.50 Per use Must be age 14 and up to use Fitness Center Meeting Room Rental May be booked three month in advance Ping Pong Table with room $10.00 Two hours Standard room rates apply. Meeting room may be reserved only rental Meeting Room A&one table within one week.Additional table with equipment with equipment is$51 for 2 hours Individual Open Swim Adult(ages 19&up) $3.50 Non Member Members free Youth(ages 5 to 18) $3.00 Non Member Members free Tot(ages 4&under) $2.00 Non Member Members free Family $10.00 Non Member Members free Maximum of four family members Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Senior $3.00 Non Member Members free Children 6 and under must be accompanied in the water by an adult Lifeguards Per hour $12.00 Lifeguards must be added as follows at the rate of$12/hour One to 50 swimmers Second lifeguard required 51-100 swimmers Third lifeguard required • 100 or greater Additional lifeguards will be determined by management depending on group size and age Lockers There is no charge,but members/guests may provide their own lock Memberships Corporate Memberships $750.00 Five-adult memberships Or$150.00 per adult with a To be eligible a company must be minimum of five located in EP Memberships-Non-Resident Youth(18&under) $125.00 Adult(19-61) $220.00 Household $310.00 Senior $125.00 Memberships-Resident Youth(18&under) $100.00 A residents either lives or works in Eden Prairie Valid for 12 months from date of purchase Adult(19-61) $170.00 Household $240.00 Wednesday,December 11,2002 Y11 2003 Fee Rest Service Fee Description Senior(62&up) $100.00 Senior citizens receive the 25%off the cost of all individual following discounts Comm.Center recreation programs offered by the City of EP to include: lessons,classes,open swin,open skate,racquetball,fitness center and table tennis. Senior(62&up) Senior Citizens are not required to have a membership at the Communtiy Center in order to receive the 25%discount on Community Center Recreation Programs Special Ice Rates-Individual open skate Adults(ages 19&up) $3.50 Non Members Members free Youth(ages 5 to 18) $3.00 Non Members Members free Tot(ages 4&under) $2.00 Non Members Members free Family $10.00 Non Members Members free Maximum of four family members Senior $3.00 Non Members Members free Special Ice Rates-School District 272 Per Hour $52.50 Physical Ed classes 50%of non-prime time rate Hockey Games Prime time rate Personnel required to run the City keeps the gate minus ice time games supplied by others and personal costs Special Pool Rates EP School Dist 272- Based on prime time rate for physical ed classes 5,490 total square feet Lifeguard training class with $95.00 Per student($1,000 minimum) When course is conducted by EP School Phy Ed Dept City Staff Swim Meets $55.00 ' Per hour Wednesday,December 11,2002 211Ek3 Fee Res • Service Fee Description Community Center-Policy of Group Rate& • Liabilities Group Rentals Adult(ages 19-61) $3.00 Groups of 30 or greater will be Groups of 100 or greater will charged the following for open charged the following with or swim or open skate fees with without room rental. room rental. • Youth(ages 5 to 18) $3.00 Tot(ages 4&under) $2.00 Family $9.00 Maximum of 4 family members. Senior(ages 62&over) $2.00 Lock-In-11 p.m.to 5:30 a.m. Lock-in groups will be Supervision will be at the discretion charged an additional$1 per of the Community Center person for management. This will be based on groups greater than 150. the number of people to be using the Personal costs above stated center,as well as the age and type rates include one building of group. supervisor. Pool Rental $40.00 Hour Two hour minimum plus $12.00lhr per lifeguard Individual Room Use- $15.00 Per hour Rooms A&B Individual Room Use-Room $20.00 Per hour C Lifeguards $12.00 Per hour 1 to 50 Pariticipants-2 100 plus participants-4 lifeguards lifeguards required required. Additional lifeguards 51 to 100 participants-3 determined by management lifeguards required depending on group size and ages. , Room Rental-Meeting $200.00 Maximum 11 p.m.to 5:30 a.m. Rooms A,B,C Racquetball courts-3 per $40.00 Per hour 2 hour minimum Each court$15 hour for individual use hour Ice Rental $60.00 Hour 2 hour minimum Fitness Center $50.00 11 p.m.to 5:30 a.m. Wednesday,December 11,2002 1 j 4 3 2003 Fee Resin Service Fee Description Oak Point Pool Oak Point Pool Rental-Lifeguards Small Slide Pool rental only $36.00 Per hour for three lifeguards Requires a minimum of three Additional lifeguards will be lifeguards determined by management depending on group size and age Large Pool rental only $24.00 Per hour for two lifeguards Requires a minimum of 2 Based on non-holiday hours lifeguards Rental of entire pool facility $60.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards • • Wednesday,December 11,2002 `4,i 2003 Fee Mahon Service Fee Description Beaches Boat&Marina Rental Canoes $3.50 Per half hour Maximum Capacity-3 Minimum age-12 years Rowboats $3-50 Per half hour Maximum Capacity-3 Minimum age-12 years Paddieboats $3.50 Per half hour Maximum Capacity-2 or 4 Minimum age-12 years Sailboats $3.50 Per half hour Maximum Capacity-2 Minimum age-12 years Cano rack storage $45.00 Per rack per season Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Senior Center Building Aide Building Aide $10.00 Per hour Minimum of 2 hours The building aide charge is$10.00 an hour with a minimum of two hours Set up charge for classroom $20.00 Set up charge for $35.00 Community Room • Cleaning Deposit $25.00 • • • Wednesday,December 11,2002 2003 FEN Resohition Service Fee Description Special Events Use of City Sound System at Staring Lk Amphitheatre Non-Profit Rate $50.0D Per hour Minimum of 2 hours Includes audio technician and City sound equipment Audio Technician $30.00 Per hour When required to monitor sound Use limited to Groups I&II of the Priority Rental Classification • Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Organized Athletics Ballfield Tournaments Balifield reservations are limited to Groups will be provide with Eden Prairie non-profit public hang drags,rakes and lines service groups for weekend with a$100 deposit The tournaments at no charge. fields wil be dragged at the start of each day,however,if the group requests the City to provide field maintenance the • cost will be: State,Regional,and $65.00 Per day,per field National Tournaments Other youth and adult $45.00 Per day,per field tournaments Additional charge when $15.00 Per day,per field lights are used Per field set-up $150.00 For new soccer field for tournament Wednesday,December 11, _24-90 2003 Fee Resolution Service Fee Description Pleasant Hill Cemetery Ground Thawing:November 1-April 1 Cremation Burial $25.00 Casket Burial $50.00 Internment Infant Burials $0.00 Casket Burials $0.00 Casket burials $300.00 Vault size 36 inches by 60 inches Casket burials $350.00 Vault size 4B inches by 96 inches Casket burials $200.00 Vault size 12 inches by 24 inches Casket burials $225.00 Vault size 12 inches by 36 inches Cremation burials $200.00 Urn size 12 inches to 16 inches Cremation burials $175.00 Urn size 8 inches to 12 inches Cremation burials $150.00 Urn size 8 inches and under Cremation burials $0.00 Lot Resident $400.00 20%Perpetual Care&80% Maintenance Non-resident $600.00 Set Grave Markers Single $100.00 Double $150.00 Wednesday,December 11,2002 2003 Foe Reaffirm Service Fee Description Community Garden Plots 20 foot by 30 foot plot Residents only $25.00 Senior citizen discount$10.00 20 foot by 60 foot plot Residents only $50.00 Senior citizen discount$10.00 • • • Wednesday,December 11,2002 {,� 2003 Fee Resolution Service Fee Description Police Bicycle License $10.00 Data Processing Non-standard report $50.00 Per hr,min 1 hr Standard reports $20.00 Duplicating,audio recording $10.00 Duplicating,documentation $0.25 Per standard page Dogs Impounding $30.00 1st Offense Year Impounding $50.00 2nd Offense Year Impounding $100.00 3rd Offense Year Boarding $10.00 Daily Euthanasia $30.00 False alarm fee 4th false alarm . $100.00 Each user is allowed three false alarms per calendar year without penalty 5th false alarm $200.00 6th&up false alarm $300.00 Fingerprinting Up to three cards $0.00 Additional card $0.00 Hunting& Trapping Landowner $0.00 free • Resident $5.00 Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Non-resident $10.00 Other Photograph,other $10.00 Plus actual cost Postage $0.00 Actual cost Pawn Shops Annual fee $10,000.00 Investigation fee $1,500.00 An investigation fee not to exceed $1,500 shall be charged an applicant by the City if the investigation is conducted within the State,or the actual cost not to exceed$10,000 without prior written approval if the investigation is required outside the St Photograph,booking Standard $20.00 Digital image $10.00 Police officer supplemental employment Per hr,min 3 hr $40.00 Radio Service Radio Maintenance $6.00 Mobile Radio Monthly Radio Maintenance $78.00 Mobile Radio Annual Radio Maintenance $6.00 ' Portable Radio Monthly Radio Maintenance $72.00 Portable Radio Annual Radio Maintenance $5.00 Telemetry Radio Monthly Radio Maintenance $60.00 Telemetry Radio Annual Radio Maintenance $5.00 Telemetry Interface Monthly Radio Maintenance $60.00 Telemetry Interface Annual Wednesday,December 11,2002 2003 Fee Resoon Service Fee Description Labor Charges $50.00 Installation Regular hours Labor Charges $75.00 Installation Nights/Weekends Labor Charges $50.00 Non-included services Regular hours Labor Charges $75.00 Non-included services Nights/Weekends Reports Non-resident $3.00 First two pages Non-resident $0.25 Additional pages Resident $0.00 Additional pages Resident $0.00 First two pages Transcribe,Audio Tape Per hr,min 1 hr $25.00 Wednesday,December 11,2002 t5 2003 Fee Reeokition Service Fee Description Fire Engin Company $150.00 Hour Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Ladder Company $200.00 Hour Rescue,Grass Rig,or $100.00 hour Rescue Boat Specialized Personnel Chief $50.00 Hour Officer,Investigator Tools/supplies used non- At cost reuseale Firefighter supplemental $35.00 Per 3 hr block 3 hr minimum employment Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Engineering Environmental Assessment Worksheet(E.A.W.) $300.00 Plus$5.00 acre Excavation&Grading-Grading Permit Fee 101 to 1,000 cubic yards $39.00 1st 100 cubic yards plus$18.50 for each add'l 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $206.00 1st 1,000 cubic yards plus$15.50 for each add'I 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $345.00 1st 10,000 cubic yards,plus$70 yards for each add'I 10,000 cubic yards or fraction thereof • 100,001 or more $975.50 1st 100,000 cubic yards,plus $38.50 for each add'I 10,000 cubic yards or fraction thereof Additional plan review fees $31.00 Per hour Required by changes, Minimum charge is one half hour additions,or revisisions to appprove plans Inspections outside normal $53.00 Per hour* Minimum charge=2 hours business hours Reinspection fee assessed $53.00 Each under provisions of Section 108.8 • Inspection for which no fee $53.00 Per hour* minimum charge=one-half is specifically indicated hour Additional plan review $53.00 Per hour* For changes,additions,or required revisions to approved plans *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision,overhead,equipment, hourly wages and fringe benefits of the employees involved. Excavation&Grading-Plan Checking Fee 101 to1,000 cubic yds $39.00 1,001 to 10,000 cubic yds $52.25 • Wednesday,December 11,2002 R 2003 Fee Resolution Service Fee Description 10,001 to 100,000 cubic yds $52.25 1st 10,000 cubic yards,plus$25 for each add910,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yds $286.00 1st 100,000 cubic yards,plus$14 for each add'I 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $426.50 1st 200,000 cubic yards,plus $7.75 for each add'I 10,000 cubic yards or fraction thereof Additional plan review $31.0o Per hour* Minimum charge is one half required by changes, hour additions or revisions to approve plans Permit for right-of-way excavations Mainline Utility and $17.00 Per/100 L.F Telecommunication Installations Repair or Service Excavation $22.75 Turf Area Repair or Service Excavation $56.00 Pavement Area Residential Driveway $22.75 Commercial Driveway $56.00 All other Excavations $22.75 Turf Area All other Excavations $56.00 Pavement Area Public Right-Of-Wayor Easement Vacation Application Fee $240.00 Per transaction For vacating the City's interest in real property, including right-of-way and easements(for consultation, • review,notice mailing, publication of notice and recording Signs Up to 30 sq ft in size $60.00 31 sq ft through 50 sq ft in $80.00 size Wednesday,December11,2002 2003 Fee Resolution Service Fee Description 51 sq ft through 80 sq ft in $100.00 size 81 sq ft or over $125.00 Charge for returning picked $10.00 up signs The surface of double or multi- faced signs shall be combined for the purpose of determining the amount of the fee Street Signs Street Name Sign $196.00 Ind install w/12'post 6'x 6' Street Name Sign $219.00 Ind install w/12'post 6'x 9' Street Name Sign $236.00 Ind install w112'post 9'x 9' Temporary Street Name Sign $146.00 Plus 15%surcharge for maintenance until permanent signs in place Stop Sign $119.00 Ind brackets,install,no post 30'x 30' Stop Sign $142.00 Inc.!brackets,install,with post 30"x 30' No Outlet $109.00 Ind post&install 24"x 24" 9 Button Delineator-Red $99.00 Intl post&install 9 Button Delineator-Red $119.00 ind breakaway post&install Keep Right Symbol $119.00 ind 9 button delin-Yellow,no post Keep Right Symbol $142.00 ind 9 button defn-Yellow,install, post Keep Right Symbol $164.00 ind 9 button delin-Yellow,install& breakaway post Future Road Extension $229.00 ind 2 posts&install 36'x 30' Advisory No Parking-Use for Turn- $123.00 ind post&install Around Wednesday,December 11,2002 2003 Fee Resolution Service Fee Description Other Inspections&Fees S147.00 Weight Restrictions Truck overweight permit fee $30.00 Per trip • • Wednesday,December 11,2002 2003 Fee Resort Service Fee Description Engineering-Land Development Services For consultants,utility and street plans and specifications,general and final inspections of improvements and special assessment division. Final Plan Review,Contract Administration,and Inspection Review 5%multiplied by the total Not applicable to projects Cost include public infrastructure construction cost built by City through special improvements(excluding grading assessment costs),subject to approval by the City Engineer • Payable prior to start-up.Not applicable to projects built by City through special assessment. Final Plat Residential - $47.50 per unit Minimum$300 Pius cost of review by special consultants necessary as determined by the City Manager.Deposit required. Paid prior to release of Plat. Commercial,Industrial,Office $115.00 Per acre Minimum$300 and Public Administrative Land Division $61.00 Street Lighting Fee For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat Wednesday,December 11,2002 - 28113 Fee Resort Service Fee Description Utilities Fire Hydrant Use/Meter for Construction and Irrigation Permit $30.00 Fire Hydrant damage deposit $200.00 Applied to the final bill 3'meter deposit $400.00 Refundable All other meter deposits $100.00 Refundable New Construction Coliform Bacteria Resampling T&M-Based on actual laboratory costs,employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that have multiple failures New Construction Mechanical Reinspections T&M-Directed at projects that require multiple visits to complete intitial inspection.Same criteria as coliform resampling Storm Drainage Land Use Quarterly Fee Single-Family Homes $3.00 Each Multi-family/Apartments $29.70 Acre Industrial $29.70 Acre Commercial/Office $38.07 Acre Institutions $33.66 Acre Airport/Landfill $7.38 Acre Undeveloped Land $10.00 Each User Charges Sanitary Sewer $1.95 Per 1,000 gallons subject to Penalty for billed charges:1%per minumum of 4,000 gallons per month on account not paid within 30 quarter per R.E.C. days of billing Wednesday,December 11,2002 2003 Foe Resolution Service Fee Description Water $1.25 Per 1,000 gallons subject to minumum of 4,000 gallons per - quarter per R.E.C. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.0 A residential equivalent connection (R.E.C.)is one dwelling unit Each R.E.C.will be billed: $12.50 Per quarter Fixed charges are billed on the $6.25 fixed charge for water greater of the number of R.E.C:s on and$6.25 fixed charge for connections sewer - Unmetered residential sewer $26.00 only use charges$26 per quarter per R.E.C.plus a $6.25 fixed charge Administrative Fee $40.00 Flat charge is added to the current balance due to obtain the total certified amount Water Conservation Surcharge Residential customers are subject to water conservation surcharge of $1.00 per 1000 gallons for usage exceeding 150%of winter quarter use or 150%of 24,000 gallons per quarter,whichever is greater,not to exceed$100.00 per quarter • Per occurrence $25.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions • Wafer Flow Test for 5/8"Meters $25.00 When consumption is challenged by a customer&the meter is accurate Water Service Turn On/Off $25.00 After initial turn on,any non- emergency on/off request by a • commercial lending instutution, government agency(HUD),or • private property management service Water Softening&Filtering $0.00 No fee-State license required Wednesday,December 11,2002 �37" 105 2003 Fee Oes ion - Service Fee Description Wells $0.00 No fee-State license required Wednesday,December 11,2002 38 -4' Fee Resolution Facility Priority Rental Classifications: A. City Government - Any activity related to the operations of Eden Prairie's City Government including, but not limited to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state reppesentatives. People Reaching Other People (PROP) shall shall be included as the City's non-profit social services/food shelf agency. This group will not charged. B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its membership roster residing in the City. C. Community Group II - Eden Prairie based businesses and commercial organizations and Eden Prairie residents. who wish to use the facilities for personal use, such as family gatherings, parties, etc. D. Non-Community Group Ill - Non-resident individuals and groups. Eden Prairie residents and businesses may not make reservations for non-residents and non- Eden Prairie based businesses. City Rental Facilities: Amphitheatre-located at Staring Lake Park City Center - meeting rooms, conference rooms, a traditional training room, and the Council Chambers Community Center - ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/wallyball courts,and swimming pool Outdoor Center -located at Staring Lake Park Park Pavilions & Shelters - Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter,Staring Lake Park Shelter and Miller Park Shelters Senior Center - community room, meeting rooms, and the work shop (available with supervision according to wood shop regulations) Warming Houses -located throughout the City 39 1 � a) U i r N m L L L La" L L L .5. CO N ° o o = CI I = = = = C. CM O 0 0 Li 0 0 0 0 0 0. 0 . o d 0 ti Co) IOC• a) to 7 'p a) U_ L L L L L•L 04 = 2 2 O O O = _ = 2 L 0 CZ 0 0 0 O ® 0 0 0 p 0 0 0 CD li ,O 0 to 0 per) N t0[) U4 64- ER 69. 0. 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O. 0 EO n E o al in CI)o j) Cl) 'O Or CV 64 N 0 O as m 0n 0n C U O CD CO (O .0.. CO = . N II E O (CE Or E w N Ct N s= Lim C 0`_ 0 0 a) X O a) 10 X X c) X N momtL) co 2 U 2 E a) O 0 0 O O '—�' -� O 3 w O to n- N (1) Q. O_.-J O.w Cn O_C O O E& 0. Q :__) Q Q N Q r- lami 1 N �O O O N s= 0 0 n' 0 (6 a) c 6 cII (6 Es O ifs r CD C 0 a 00 Q' Q" Mo 0 p6 m a)M '6 a) d ; 0 ® V o o CA CD- 0o aa) aa)) a L� = '- 0UN c) � U Um 0 0 rts Cal ` f 5 o M � o of o o a) 0 . � C CO cE CO Cn Cc- aco c 0 0 a) 0 a)— a) a) 0 0 0 0 -a) = fn can) co R_ co U f!)Y Cl).1 co N co N 1 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie,Minnesota,relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 17th day of December,2002,to be- effective the 1st day of January,2003. Nancy Tyra-Lukens ATTEST: Kathleen Porta,City Clerk • • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Authorizing Call Of Certain vi Director/Donald Uram Outstanding G.O. Improvement Bonds, Series 1993B Requested Action Move to: Adopt Resolution Authorizing Call of Certain Outstanding General Obligation Improvement Bonds, Series 1993B. Synopsis The Series 1993B 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. Aggregate Principal Issue Original Principal Amount Outstanding • $2,695,000 General Obligation Improvement Bonds, Series $400,000 1993B (the Series 1993B Bonds) dated May 1, 1993 With coupon payments in excess of 5.4%,it is prudent for the City to prepay the bonds saving$55,800 in interest payments. The next call date is February 1, 2003. Sufficient funds exist in the Debt Service Funds to prepay the bonds. Attachments Notice of Redemption($2,695,000 G.O.Improvement Bonds, Series 1993B) Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 2002- RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION IMPROVEMENT 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 $2,695,000 General Obligation Improvement Bonds, Series $400,000 1993B (the Series 1993B Bonds) dated May 1, 1993 Section 2. The Series 1993B Bonds maturing in the year 2004 is 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 Improvement Bonds, Series 1993B Sinking Fund established by Resolution No. 93-55 duly adopted by the Council on April 16, 1993, to prepay$400,000 aggregate principal amount of the Series 1993B Bonds maturing in the year 2004. Section 4. The City Finance Director is authorized and directed to determine a date on which the Series 1993B Bonds can be called, and to cause U.S. Bank Corporate Trust Services (formerly known as First Trust National Association),in St. Paul,Minnesota,the bank at which principal and interest on the Series 1993B Bonds is payable,to cause the Notices of Redemption attached hereto as Exhibit A to be mailed in accordance with Section 2. Section 5. No further action shall be required of the Council to complete the prepayment of the Series 1993B Bonds. ADOPTED by the City Council of the City of Eden Prairie this 17th day of December,2002. By: Nancy Tyra-Lukens,Mayor ATTEST: By: Kathleen Porta, City Clerk 11S EXHIBIT A NOTICE OF REDEMPTION $2,695,000 General Obligation Improvement Bonds, Series 1993B Dated: May 1, 1993 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* 2004 $400,000 5.4% are called for redemption and prepayment on February 1,2003. 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, 2003,by submitting said bond along with the completed form W-9 to U.S.Bank Trust N.A. (as successor Paying Agent to First Trust National Association), at the following address: By Mail or Courier Service: By Registered or Certified Mail: In Person,By Hand: U.S.Bank Trust N.A. U.S.Bank Trust N.A. U.S.Bank Trust N.A. Corporate Trust-Debt Mgmt Corporate Trust-Debt Mgmt Corporate Trust-Debt Mgmt CM-9705 180 East Fifth Street 180 East Fifth Street P.O.Box 70870 St.Paul,MN 55101 St.Paul,MN 55101 St.Paul,MN 55170-9705 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 "; CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17,2002 DEPARTMENT: ITEM DESCRIPTION: Acknowledgement ITEM NO. Management and Budget: of Lease Termination With Rosemount,Inc. Don Uram And Conveyance of Quit Claim Deed lar•5 Requested Council Action: Move to: Approve Acknowledgement of Lease Termination With Rosemount,Inc.And Conveyance of Quit Claim Deed Synopsis: The Quit Claim Deed and Acknowledgment of Lease Termination relate to the Industrial Development Revenue Bonds (Rosemount,Inc.)issued in 1973 to finance certain improvements at the property. The bonds matured on July 1, 1988 and have been paid in full. As part of the Bond transaction,Eden Prairie took legal title to a portion of the property pursuant to the Indenture dated June 13, 1973, and leased that property back to Rosemount pursuant to the Lease dated May 1, 1973. At the time the bonds were repaid,the Discharge of Mortgage and Indenture of Trust were recorded on February 27, 1989. However, a Deed reconveying the property and the Termination of Lease were not delivered to • Rosemount for recording. The property owners are now requesting the City's cooperation in executing the enclosed Quit Claim Deed and Acknowledgment of Lease Termination in order to clear these matters from the title of the subject property. Attachments: • Quit Claim Deed Acknowledgment of Lease Termination 1 4-1 QUIT CLAIM DEED . (Corporation to Corporation) Based on Minnesota Uniform Conveyancing Blanks (1978) STATE DEED TAX DUE HEREON: $ THIS QUIT CLAIM DEED(the `Deed")executed on this day of December, 2002, but effective as cf July 1, 1988, by the City of Eden Prairie (f/k/a the Village of Eden Prairie), a municipal corporation under the laws of Minnesota,having an address of 8080 Mitchell Road, Eden Prairie, Minnesota 55344 ("Grantor"), to Rosemount, Inc., a corporation under the laws of Minnesota,having an address of 12001 Technology Drive,Eden Prairie,Minnesota 55344 ("Grantee'). WITNESSETH: WHEREAS, Grantee conveyed to Grantor by that Indenture dated June 13, 1973 and recorded in the Hennepin County records as Document No. 4023955 (the "Prior Deed") certain real estate described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), in connection with the issuance by Grantor of the Industrial Development Revenue Bonds(Rosemount,Inc.)(the "Bonds")to fmance certain improvements at the property; WHEREAS, following the conveyance of the Property pursuant to the Prior Deed, Grantee remained in possession of the Property pursuant to the terms and conditions of that certain Lease between Grantor(as landlord) and Grantee (as tenant), dated May 1, 1973, and recorded in the Hennepin County real property records as Document No.4023956 (the"Lease"); WHEREAS, the Bonds were retired, as evidenced by that certain Release of Mortgage and Trust Indenture executed by Northwest Bank Minnesota,National Association, the trustee of the Bonds, dated February 21, 1989 and recorded in the Hennepin County records as Document No. 5510580; WHEREAS,the Lease expired according to its terms on July 1, 1988; SLO1DOCS/1542128.02 1 WHEREAS, as a result of the retirement of the Bonds and the expiration of the Lease,Grantor desires to reconvey the Property to Grantee effective as of July 1, 1988. NOW,THEREFORE,the parties hereto agree as follows: FOR VALUABLE CONSIDERATION, Grantor hereby conveys and quitclaims to Grantee the Property, together with all hereditaments and appurtenances belonging thereto, as of and effective July 1, 1988 and this Deed shall be deemed to have been delivered by Grantor to Grantee as of such date. The total consideration for this conveyance is less than$500. Grantor certifies that Grantor does not know of any wells on the described real property. [Signature page follows.] • SL01DOCS11542128.02 IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year first above written. City of Eden Prairie Affix Deed Tax Stamp Here By: Name: Mr. Scott Neal Title: City Manager and By: Name: Ms. Nancy Tyra-Lukens Title: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December,2002, by Scott Neal, as City Manager, and Nancy Tyra-Lukens, as Mayor of the City of Eden Prairie,a Minnesota municipal corporation, Grantor,that said instrument was duly signed by behalf of Grantor, and acknowledged said instrument to be the free act and deed of Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT THIS INSTRUMENT WAS DRAFTED Tax Statements for the real property described in BY(NAME AND ADDRESS): this instrument should be sent to (Include name and address of Grantee): Bryan Cave LLP 211 North Broadway, Suite 3600 Rosemount,Inc. St. Louis,Missouri 63102-2750 12001 Technology Drive Attention: Travis J. Almandinger Eden Prairie,MN 55344-3695 SLO1DOCS/1542128.02 J EXHD3IT A That part of the North 'A of the Northwest'/a of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest '/a; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90° 02' 50? a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet;thence at a right angle South 210.3 feet;thence at a right angle West 24 feet; thence at a right angle South 30 feet;thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. SLo1DOCs/1542128A2 l • ACKNOWLEDGMENT OF LEASE TERMINATION THIS ACKNOWLEDGMENT OF LEASE TERMINATION (the "Acknowledgment") is entered into as of this day of December, 2002, by and among the City of Eden Prairie (f/k/a the Village of Eden Prairie), a municipal corporation under the laws of Minnesota, having an address of 8080 Mitchell Road, Eden Prairie, Minnesota 55344 ("Landlord"), and Rosemount, Inc., a corporation under the laws of Minnesota, having an address of 12001 Technology Drive, Eden Prairie, Minnesota 55344 ("Tenant"; together with Landlord, the "Parties"; each individually a"Party"). WITNESSETH: WHEREAS, the Parties entered into that certain Lease, dated May 1, 1973, and recorded in the Hennepin County real property records as Document No. 4023956 (the "Lease"), pursuant to which Tenant leased from Landlord certain real estate described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), upon the terms and conditions contained in the Lease; WHEREAS,the Lease provided that the term thereof was to expire on July 1, 1988, unless extended by the mutual consent of the Parties; WHEREAS, the Parties desire to acknowledge that the Lease in fact expired on July 1, 1988, to acknowledge that the Lease no longer affects or encumbers the Property, and to record this Acknowledgment in the Hennepin County real property records. NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1. The Parties acknowledge and agree that,effective as of July 1, 1988,(i)the term of the Lease did expire, and the Lease was terminated and rendered of no further force or effect,and(ii)that the Parties had no further rights,obligations and/or liabilities with respect to the Lease after such date. The Parties hereby waive any claims against the other with respect to the Lease and release the other from any and all obligations thereunder. SLOLDOCS/1542246.02 2. Tenant may record this Acknowledgment in the Hennepin County real property records, at Tenant's sole cost and expense. 3. This Acknowledgment may be executed in any number of counterparts, each of which shall be an original, and all of such counterparts together shall be deemed to constitute one original agreement. [Signature pages follow.] SLOIDOCS/1542246.02 3 IN WITNESS WHEREOF, the parties hereto have executed this Acknowledgment as of the day and year first above written. LANDLORD CITY OF EDEN PRAIRIE By: Name: Mr. Scott Neal Title: City Manager and By: Name: Ms.Nancy Tyra-Lukens Title: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 2002, by Scott Neal, as City Manager, and Nancy Tyra-Lukens, as Mayor of the City of Eden Prairie, a Minnesota municipal corporation, Landlord, that said instrument was duly signed by behalf of Landlord, and acknowledged said instrument to be the free act and deed of Landlord. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT SLO1DOCS11542246.02 TENANT ROSEMOUNT,INC. By: Name: Title: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of December, 2002, by , the , of Rosemount, Inc., a Minnesota corporation, Tenant, that said instrument was duly signed by behalf of Tenant, and acknowledged said instrument to be the free act and deed of Tenant. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT • SLOIDOCSl1542246.02 )5 EXHIBIT A That part of the North '/2 of the Northwest 'A of Section 14, Township 116, Range 22, in Hennepin County, Minnesota described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 'A; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90° 02' 50? a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle South 210.3 feet; thence at a right angle West 24 feet;thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. THIS INSTRUMENT WAS DRAFTED BY: Bryan Cave LLP 211 North Broadway, Suite 3600 St. Louis, Missouri 63102-2750 Attention: Travis J. Almandinger SLO1DOCS/1542246.02 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 17,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management& Budget Declaration of Surplus Computer Equipment and F, Don Uram,Director Authorization for Disposal Requested Action Move to: Declare computer equipment as surplus and authorize the City Manager to dispose of property. Synopsis The City has a surplus of old computer equipment which is no longer in use. Computer equipment meeting minimum requirements will be donated to Minnesota Computers for Schools Program. All other equipment will disposed of through our recycling program. Attachment List of surplus equipment Recycle Equipment List Computers I 13"-14" MONITORS ITEM NO CPU MEMORY SIZE HARD DRIVE SIZE CONDITION ITEM NO (INCH GOOD/BAD_ 1 66 40 2 Good 2 75 32 4 Good 1 14 bad 3 75 40 4 Good 2 14 good 5 75 32 4 Good 3 14 good 6 75 32 4 Good 4 14 good 7 75 32 4 Good 5 14 bad 8 75 32 4 Bad 6 14 good 8 75 48 1 Good 7 14 good 9 75 40 4 Good 8 14 good 10 75 48 811MB Good 9 14 good 11 75 32 4 Good 10 13 good 12 75 56 406MB Good 11 14 bad 13 75 40 No HDD unknown 12 14 good 14 75 40 No HDD unknown 13 14 good 15 120 32 812MB Good 14 14 good 15 14 good 17 unknown unknown unknown Bad 16 14 good 18 unknown unknown unknown Bad 17 14 good 19 unknown unknown No HDD unknown 18 14 good 20 unknown 32 No HDD unknown 19 14 good 21 unknown unknown No HDD Bad 20 14 bad 22 486DX 32 405MB Good 21 14 bad 23 486DX 16 No HDD unknown 22 14 bad 25 486DX 16 No HDD unknown 23 14 bad 26 486DX 16 No HDD unknown 24 14 bad 25 14 good PRINTERS 26 14 good . ITEM NO NAME 27 13 good 1 EPSON LQ-2170 28 13 good 2 EPSON LQ-2170 29 14 good 3 LEXMARK 4039 10R 30 14 good 4 TOSHIBA FACSIMILE,MODEL TF 651 US 31 14 good 5 HP LASERJET1IP 32 14 good 6 HP DESKJET 1600C 33 14 good 7 HP LASERJET1100 34 14 good 8 HP LASERJET111 35 14 good 9 HP LASERJET111P 36 14 good 10 HP FACSIMILE 37 13 bad 11 RICHO MV 74 38 15 good 12 HP DESK JET 500 39 15 good • 40 15 good TYPE WRITERS 41 15 good ITEM NO NAME 42 15 good 1 BROTHER 43 15 bad 2 IBM SELECTRIC 11 44 15 good 3 IBM SELECTRIC 11 45 15 good 4 IBMSELECTRIC 111 46 15 good 5 IBM SELECTRIC 11 47 15 good 48 15 bad 49 15 good 50 15 bad IMAGE MAKING MACHINE ITEM NO NAME 1 PITNEY BOWES 1861 2 PITNEY BC OWES MODEL 5820 3 ELECTRIC IMAGE MAKER 3000 SCANNERS ITEM NO NAME 1 HP SCANJET 5100C 2 UMAX UC630 1 COPY MACHINE-RICOH FROM POLICE DEPARTMENT l Minnesota Computers for Schools Program 133mhz + COMPUTERS 15 " MONITORS ITEM NO CPU MEMORY SIZE HARD DRIVE SIZE CONDITION ITEM NO INCH GOOD/BAD 1 133 32 4 Good 2 133 16 Bad 1 15 good 3 133 31 1 Good 2 15 good 4 133 31 1 Good 3 15 good 5 133 31 1 Good 4 15 good 6 133 31 1 Good 5 15 good 7 133 31 1 Good 6 15 good 8 166 32 1.5 Good 7 15 good 9 166 31 1.5 Good 8 15 good 10 166 31 1.5 Good 9 15 good 11 166 32 1.5 Good 10 15 good 12 166 39 1 Good 11 15 good 13 166 32 4 Good 12 15 good 14 166 32 2.5 Good 13 15 good 15 166 32 No HDD ? 14 15 good 16 233 32 3.2 Good 15 15 good 17 286 16 No HDD ? 16 15 bad 18 286 16 No HDD ? 19 AMDK6-233 31 2 Good PRINTERS 20 AMD K6-233 31 2 Bad ITEM NO NAME 21 AMD K6-233 31 No HDD ? 1 HP LASERJET 4 SI 22 AMD K6-233 31 No HDD ? 2 HP LASERJET4 M PLUS 23 AMD K6-233 32 No HDD ? 3 CANON MULTI PASS C 530 24 AMD K6-233 32 No HDD ? 4 LEXMARK 7200 25 P2-266 96 4.3 Good 5 HP OFFICEJET MODEL 300 26 P2-266 96 4.3 Good 6 HP LASER 4 M PLUS 27 P2-266 64 4 Good 7 HP DESINGJET 750C PLUS 28 P2-266 32 4 Good 8 HP LASER 4 SI 29 P2-266 96 4 Good 9 HP LASERJET 5L ` 30 p2-266 96 No HDD,CDROM BUT,GOOD 10 LASERJET 5L 31 p2-266 96 4.3 Good 11 HP LASERJET 5L 32 p3-450 laptop ? ? Bad 33 ? ? ? Bad,nec powermate 2000 61 KEYBOARDS; 10 FROM POLICE DEPARTMENT 39 MOUSE 13O CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 17,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Adopt Resolution to Petition Riley-Purgatory- Public Works Service Area ITEM NO.: Bluff Creek Watershed District for Riley& Leslie Stovring Rice Marsh Lake Water Quality Y� �' Through Eugene Dietz Improvement Project Requested Action Move to: Adopt Resolution to Petition the Riley-Purgatory-Bluff Creek Watershed District to Commit to Funding the Riley and Rice Marsh Lake Water Quality Improvement Projects. Synopsis Two Use Attainability Analyses (UAA's) were completed by the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) and submitted to the Cities of Eden Prairie and Chanhassen for review. This included: • Rice Marsh Lake/Lake Susan UAA(December 1999)-The intended use for Rice Marsh Lake is to provide fish and wildlife habitat. The water quality improvements in these two lakes are part of a larger project to improve Lake Riley as they both drain towards Lake Riley. • Lake Riley UAA(April 2002) -Lake Riley is a key recreational resource for both Eden Prairie and Chanhassen. The intended uses are swimming and fishing. Staff recommends petitioning the Watershed District to provide a 75 to 100%match to complete the construction items in 2003 as part of the overall water quality improvement project. The City of Chanhassen will also be submitting a petition to RPBCWD to participate in this project. Mr.Dave Florenzano,President of the Lake Riley Improvement Association,has requested that the Cities of Eden Prairie and Chanhassen forward this project to the District for completion in 2003. Background The purpose of the Lake Use Attainability Analyses (UAA) was.to provide an assessment of the water quality of Riley and Rice Marsh Lakes,analyze the problems and provide alternative remedial measures that would result in the attainment of water quality sufficient to fully support the intended uses of the lakes. Watershed Conditions The direct watershed for Riley Lake consists primarily ofresidential(508 acres)and park/open space (706 acres). Remaining uses include agriculture(231 acres),highway(18 acres)and open water(300 acres). Future land use is anticipated to include a switch from agriculture and open space to more residential and highway-as well as some commercial. The current stormwater ponding system for the lake's current and future watershed is inadequate. Historical Water Quality The UAA included water quality analysis from 1971 through 1998 and indicated that the lake's water quality has remained relatively stable,but generally poor,during that time. The water transparency 131 Riley and Rice Marsh Lake Water Duality Improvement Projects December 2002 declined from 2.2 meters in 1978 to 0.9 meters in 1998. Simmer algae blooms during the UAA analysis were found to have impaired recreational usage of the lake and the lake was rated as eutrophic(poor). Current Water Quality The 1997 to 1998 Secchi disc and total phosphorous concentration data indicated that the lake was eutrophic (poor water quality) during the summer and hypereutrophic (very poor water quality) during the spring and fall. The data indicated that moderate to severe recreational use impairment (primarily swimming) occurs during the summer months. Recommended Actions All indications are that significant improvement to the water quality in Riley Lake will take many years. The water quality in Riley Lake now is marginal for swimming. Staff recommends that the following items be budgeted from the stormwater utility fee for 2003 to assist in the proposed water quality improvements. Petitioning the Watershed District to assist in completing the following actions is the recommended first step. 1. Upgrade existing runoff detention ponds—Two existing stormwater ponds within Eden Prairie do not meet NURP standards and need to be upgraded. Remaining upgrades(9)will be within Chanhassen. It is estimated that this would result in a reduction in annual phosphorus loading to the lake by 50 to 95 pounds for future land uses. The estimated cost is$70,000. Cost share of 25% by the City would be required if additional easements or property acquisition are required. 2. Alum-Lime Slurry Treatment of Rice Marsh Lake — Phosphorus from Rice Marsh Lake increases the amount of phosphorus in Riley Creek by a factor of three as it moves through the lake. Alum will be applied to the lake to precipitate phosphorus onto the lake bottom, thus removing in lake phosphorus and forming a layer over the sediments to prevent the release of phosphorus. The estimated cost of this would be a one time expenditure of$200,000 for 2003. The Watershed District would cover 100% of this cost. 3. Alum-Lime Slurry Treatment of Lake Riley — Alum would be applied to remove excess phosphorus currently in the lake waters and sediments. This would reduce the amount of phosphorus within the lake immediately, allowing time for the other proposed measures to work on reducing phosphorus loading to maintain the higher water quality over time. The estimated cost of this would be a one time expenditure of$200,000 for 2003. The Watershed District would cover 100% of this cost. If the Watershed District approves the petition, an agreement with specific cost provisions will be developed for final approval by City Council at a later date. Staff recommends adoption of the attached resolution. Attachments: • Resolution • Petition • Letter from Lake Riley Improvement Association 13a CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION RELATING TO THE RILEY AND RICE MARSH LAKE WATER QUALITY IMPROVEMENT PROJECTS WHEREAS, Lake Riley and its tributary lake, Rice Marsh Lake, are important features within the City of Eden Prairie; and WHEREAS,the City Council is committed to water quality improvement within Lake Riley and Rice Marsh Lake; and WHEREAS,there is a documented relationship between deteriorating water quality within Riley Lake and the historical discharge of treated sewage wastewater into Rice Marsh Lake as well as the current stormwater ponding system; and WHEREAS,the City of Eden Prairie has determined that improvements to the lake water quality,stormwater treatment system and fishery habitat are required to fully realize the recreational potential of the lakes. • NOW,THEREFORE,BE IT RESOLVED, the City Council desires to complete those items recommended within the Riley and Rice Marsh Lake Use Attainability Analyses to improve the water quality of Lake Riley and Rice Marsh Lake and hereby approves the attached petition to the Riley-Purgatory-Bluff Creek Watershed District to: • Upgrade two existing stormwater ponds that do not meet NURP standards, and • Treat each lake with an alum product to remove phosphorus from the water column. BE IT FURTHER RESOLVED,the City Council does request that the Riley-Purgatory- Bluff Creek Watershed District participate in funding these activities with a cost share of 75 to 100% as defined in the attached petition. ADOPTED by the Eden Prairie City Council December ,2002. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen A.Porta,City Clerk 1 � PETITION OF THE CITY OF EDEN PRAIRIE TO RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR THE LAKE RILEY AND RICE MARSH LAKE BASIC WATER MANAGEMENT PROJECTS I. AUTHORITY The City of Eden Prairie petitions the Riley Purgatory Bluff Creek Watershed District,pursuant to the provisions of the Minnesota Statutes Sections 103D.201, 103D.605, 103D.705, and 103D.905, to undertake a basic water management project to protect and improve the water quality in Lake Riley and Rice Marsh Lake. II. PURPOSE The purpose of the project is to improve the water quality of Lake Riley by reducing internal and external sources of phosphorus in and to the lake that contribute to alga growth,resulting in decreased water quality,clarity and transparency.The Board of Water and Soil Resources approved and the Board of Managers adopted a watershed management plan that assessed the condition of the lake through determination of its physical,chemical,and biological qualities. The approved and adopted watershed management plan dated May 1996 is incorporated by reference. The project for the cities of Eden Prairie and Chanhassen will help remedy water quality impacts from: 1)municipal sewage treatment discharges that were made to Rice Marsh Lake through the early 1970's; 2) protect against future water quality degradation from the construction of T.H. 312 between Lake Riley and Rice Marsh Lake; and 3) increased urbanization within the watershed. The Riley and Rice Marsh Lake Use Attainability Analyses dated April 2002 and November 1999 respectively are incorporated by reference. III. GENERAL DESCRIPTION OF WORK PROPOSED AND PURPOSES The project proposes application of alum-plus-lime treatments and stormwater management improvements to improve the water quality of the Lake Riley and Rice Marsh Lake.Application of the alum-plus-lime treatments will remediate prior municipal sewage treatment discharges, while the stormwater management improvements will limit impacts from the highway construction and increased urbanization within the lake watershed. Through 1972, the City of Chanhassen discharged treated sewage wastewater into Rice Marsh Lake, resulting in high phosphorus levels within the sediments on the bottom of the lake. Although wastewater discharges were discontinued,the excess phosphorus from years of discharge continues to degrade the water quality of Lake Riley via flows from Riley Creek. Approximately 54% of the phosphorus entering Lake Riley flows from Rice Marsh Lake through Riley Creek.Phosphorus recycled from Rice Marsh Lake sediments into Riley Creek waters is a major contributor the phosphorus draining into Lake Riley. Proposed water quality improvements are expected to reduce the phosphorus recycled from lake sediments to the overlying lake water that would otherwise support alga growth or blooms. Within the City of Eden Prairie, the project includes a proposal to treat Riley and Rice Marsh Lakes with an alum plus lime slurry. The proposal also calls for upgrading two (2) existing storm water management basins. The new and upgraded basins will conform to the standards for the National Urban Runoff Ponding Basins and the requirements of the Minnesota Pollution Control Agency. Petition of the City of Eden Prairie ofRiley-Purgatory Bluff Creek Watershed District Riley and Rice Marsh Lake Basic Water Management Projects December 2002 Page 2 of 3 Overall the project will increase the recreational use of swimming in Riley Lake by reducing the phosphorous loads to the lake thereby limiting the number of days the actual water quality exceeds the standard for recreational swimming. This is a Trophic State Index(TS1)of 53 (<40 mg/1),which is the guidance published by the Minnesota Pollution Control Agency to assess full support for primary contact recreation and aesthetics. The project intends continued monitoring and re-evaluation of the effect of constructing the proposed improvements for the purpose of determining whether additional controls are required. The proposed work is consistent with additional controls,if required to maintain the existing beneficial uses of Riley and Rice Marsh Lakes. IV. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENTS ARE LOCATED The project will be located on property that is directly or indirectly tributary to Lake Riley,Rice Marsh Lake, and Riley Creek that is located on the eastern and western boundaries of Chanhassen and Eden Prairie respectively. Within Eden Prairie,the project will be located in the general area west of Dell Road between Pioneer Trail and State Highway 5 in the City of Eden Prairie. The improvements are described in detail in the Riley and Rice Marsh Lake Use Attainability Analyses,which are incorporated by reference. V. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The affected lands are located in the cities of Eden Prairie and Chanhassen and include the riparian and tributary drainage areas to Lake Riley,Rice Marsh Lake,and Riley Creek. Generally,the affected areas are south of T.H. 5,east of T.H. 101,and north of Hennepin County Road 4.The approximate centerline of the affected property is located along the municipal boundary between Chanhassen and Eden Prairie. Rice Marsh Lake is located in the cities of Chanhassen and Eden Prairie and has a 821-acre watershed containing woodlands,marsh,residences,parks and open spaces.The Lake's direct watershed consists of 378 acres of low and moderate density housing, 348 acres of parks and open space,50 acres of industrial,and 26 acres of commercial land use.Riley Creek is the outlet from Rice Marsh Lake to Lake Riley. Riley Creek has a 10 square mile watershed,with mild topography in the upper and middle portions of the watershed and a steep, north-valley wall of the Minnesota River on the downstream end of the watershed.Riley Creek originates from lakes Lucy and Ann,and flows through Lake Susan,Rice Marsh Lake,and Lake Riley before it begins its descent to the Minnesota River.This project will focus on the stretch of the creek between Rice Marsh Lake and Lake Riley. Finally, Lake Riley has a direct drainage area of 818 acres consisting of 449 acres of single-family homes,286 acres of parks and open, 1 acre of commercial, and 82 acres of agricultural property. The lake has a maximum depth of approximately 50 feet,and a mean depth of approximately 23 feet.Water flows from Rice Marsh Lake to Lake Riley through Riley Creek. Lake Riley's total drainage area, including both direct and indirect drainage, is over 4,500 acres. 135 Petition of the City of Eden Prairie ofRiley-Purgatory Bluff Creek Watershed District Riley and Rice Marsh Lake Basic Water Management Projects December 2002 Page 3 of 3 VI. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT Prior years of municipal wastewater discharges to Rice Marsh Lake has deposited excessive amounts of phosphorus that untreated will impact Lake Riley for decades.The continued development in tributary areas and the scheduled construction of T.H.312 between Lake Riley and Rice Marsh Lake necessitates water quantity management and treatment of water quality to protect and improve the scenic, recreational and wildlife of those specific lakes and the overall water quality of the District. VIE. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE AND WELFARE The City of Eden Prairie petitions for the project because it will be conducive to the public health, convenience and welfare of the District and the City. Completion of the project, and associated recreational improvements,will preserve and enhance the public use and enjoyment of Riley and Rice Marsh Lakes and their adjacent parks, all of which are significant natural resources of the District and region. VIII. FINANCING OF THE PROPOSED IMPROVEMENT The project is identified in the Riley Purgatory Bluff Creek Watershed District Water Management Plan and is a priority project of common benefit to the entire District.Minnesota Statutes Section 103D.905, Subdivision 3 provides for the project financing of the basic water management features of the project. • The District will fund 100%of the costs of the project with the exception of any easement or property acquisition. The City will share(25%)in the cost of the cost of any such acquisitions. IX. PROJECT ABANDONMENT The City of Eden Prairie hereby states and acknowledges that it will pay all costs and expenses that may be incurred by the activities described in this petition in the event the project is dismissed, no construction contract is let, or the City withdraws its project petition. CITY OF EDEN PRAIRIE Mayor of City of Eden Prairie CITY OF EDEN PRAIRIE City Manager LAKE RILEY IMPROVEMENT ASSOCIATION November 26,2002 Ms.Leslie Stovring City of Eden Prairie Environmental Coordinator 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Ms.Stovring: For over 30 years it has been the goal of the our association to promote the care and betterment of Lake Riley.. Our association is comprised of homeowners and other interested users of the lake. Our membership - strives to improve the quality and safety of this fine recreational resource. After reviewing the Use Attainability Analysis(UAA) for Lake Riley and Rice Marsh Lake as was prepared by Barr Engineering for the Riley-Purgatory-Bluff Creek Watershed District,we fully endorse their findings and goals for our lake. We feel that a study for developing a plan to improve the quality of Rice Marsh Lake and Lake Riley is needed now.As Eden Prairie and Chanhassen become more fully developed it will become important to control any phosphorous entering our lake in order to keep it a viable recreational lake. Sincerely, //----------- (------------;,2„..r._ _.:;'-'1-/' 4-7'-i-el ..2// :__ , David Florenzano LRIA President 137 CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.00-5514 ITEM NO.: Engineering Services Approve Change Order No. 1 for Bryant Lake Randy Newton Drive Trail Project * Requested Action Move to: Approve Change Order No. 1 for the Bryant Lake Drive Trail project to DMJ Corporation in the amount of$20,623.70. Synopsis This change order is a result of several changes and complications that occurred during the project construction. The majority of the project construction occurred this summer and is now substantially complete. Background Information The Bryant Lake Drive Trail project constructed a new trail along Bryant Lake Drive and Shady Oak Road from Willowood Road to Rowland Road. Construction on the project began in June with a majority of the work completed by the end of September. The change order is a result of the following significant changes and complications that occurred during project construction: • Existing gas main along the east side of Bryant Lake Drive that conflicted with the placement of several storm sewer crossings. • The significant pavement depth of Bryant Lake Drive that was encountered. • Excessive moisture that required excavating and re-grading a portion of the trail. • Reduction in the fencing requirements for the project. City staff is continuing to work on the design of the TH 212 / Valley View Road Interchange Area Improvements which will complete the trail between Willowood and Valley View Road. This project is expected to be constructed in 2003. Attachments Change Order No. 1 for I.C. 00-5514 CHANGE ORDER NO. 1 Project: Bryant Lake Drive Trail and Drainage Improvements Eden Prairie, Minnesota City Project 00-5514 To: DMJ Corporation You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT • 1. Extra ditch depth due to existing gas main 2. Fencing reduction and restocking fee 3. Addition of 3"stabilization rock on north end of trail 4. Additional storm sewer and concrete removal 5. Saw-cutting concrete pavement under the bituminous roadway 6. Hauling and disposal of concrete pavement 7. New catch basin casting 8. Shingling of sod near Willow Creek ADJUSTMENTS TO CONTRACT COSTS ADD the following costs to the contract. Item Description Unit Unit Price Quantity Amount 1. Extra ditch depth due to existing gas Hour • $456.67 6 $2,740.00 2. Fencing quantity reduction L.F. $21.67 130 $2,817.10 Fencing restocking fee L.S. $295.00 1 $295.00 3. 3"stabilization rock Ton $15.00 100 $1,500.00 Placement of 3"stabilization rock Hour $412.00 5 $2,060.00 4. 15"CMP L.F. $41.40 10 $414.00 15"CMP apron with trash guard Each $632.50 1 $632.50 1'x 27"catch basin section Each $112.70 4 $450.80 1'x 48"catch basin section Each $220.80 1 $220.80 Extra depth excavation to lower outfall Hour $678.50 4 $2,714.00 Removal of concrete pavement Hour $678.50 4 $2,714.00 5. Saw-cutting concrete pavement L.F. $5.25 350 $1,837.50 6. Hauling and disposal of concrete Hour $575.00 3 $1,725.00 7. Catch basin casting R-4340-B Each $358.00 1 $358.00 8. Sod shingling L.S. $145.00 1 $145.00 TOTAL ADD $20,623.70 CONTRACT AMOUNT $233,875.00 INCREASE RESULTING FROM THIS CHANGE ORDER $20,623.70 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $254,498.70 THE-AB- HE ABOVE CHANGES ARE APPROVED: SHORT E LI HENDRICKSON, INC_ CITY OF EDEN PRAIRIE By By _ Date 124to f OZ Date THE ABOVE CHANGES ARE ACCEPTED: DMJ RPC?RATI N CITY OF EDEN PRAIRIE By Lwk By Date IA(4D 1 _ Date 11-{ CHANGE ORDER NO. 1 Project: Bryant Lake Drive Trail and Drainage improvements Eden Prairie, Minnesota City Project 00-5514 To: DMJ Corporation ITEM DESCRIPTION OF CHANGES 1. An existing gas main on the east-side of Bryant Lake Drive conflicted with the proposed storm sewer invert elevations at stations 18+00, 20+50 and 30+30. This conflict necessitated lowering the storm sewer aprons,which subsequently affected the ditch elevations. DMJ excavated about 425 feet of ditch at varying depths. The first 175 feet of ditch required minimal adjustment,while the remaining 250 feet required 12-24 inches of additional excavation and removal of excavated material. This work was performed by DMJ on a time and materials basis. According to our records, a DMJ crew of five, including two dump trucks,a backhoe, and a D- 3 bulldozer spent six hours completing this task at$456.67/hour. Their total itemized amount of$2,740 is accurate and should be considered a legitimate change order item. 2. At the preconstruction conference on June 4, 2002, the City of Eden Prairie elected to remove 450 feet of fencing from the project. DMJ had apparently already ordered the fencing and received a unit cost for the amount identified in the plan. Subsequent to our negotiations with DMJ,we have agreed that we will utilize 130 feet of fence adjacent to the trail at a revised unit price of$21.67/linear foot, and restock the remaining 500 feet of fence, unless the City has any other use for this fencing in another location. The restocking charge is $590, which we have agreed should be split between DMJ and the City($295 each). 3. The northernmost section of the trail between Wooddale Church and Rowland Road was graded but not paved due to the moisture conditions in the trail subgrade. Upon a field inspection, inspectors from the City of Eden Prairie elected to replace the subgrade with materials that would improve drainage and allow the trail to be paved. DMJ submitted a unit price of$15/ton for the 3"minus stabilization rock,which is reasonable. A crew of four at$412/hour spent five hours regrading the trail with the 3"minus stabilization rock and a final invoice was submitted for a total of $3,560. This amount is reasonable and should be paid by the City. 4. An invoice was provided by Kuechle Underground for additional services necessary to extend an existing CMP culvert on the west-side of Bryant Lake Drive and relocation of the proposed storm sewer outfalls on the east side of Bryant Lake Drive due to an existing gas main. The addition of the CMP culvert and apron is warranted, as these items were not included in the original project bid. The total cost of these two items is $1,046.50. The balance of the change order is attributed to the removal of concrete pavement under the bituminous pavement on Bryant Lake Drive ($2,714.00),the extra depth excavation to place the storm sewer outfalls under the existing gas main ($2,714.00), and the extra height necessary to construct each of the storm structures ($671.60). No payment is being made for down time attributed to the time necessary to remove the concrete pavement. A crew of five, at $678.50/hour, spent four hours to excavate the additional ditch depth. The same crew of five, at the same unit price, spent four hours to remove the concrete pavement as well. The total of$7,146.10 for this work is found to be legitimate and should be paid by the City. 5. SEH has reviewed the quantity and unit cost for concrete sawcutting and found it to be accurate and reasonable. This is a legitimate additional cost and should be paid in the amount of$1,837.50. 6. Upon reviewing the amount of concrete pavement removal necessary for the storm sewer crossings, the total area of removals seems accurate. A crew of four, including two dump trucks, a backhoe, and a laborer, spent three hours at $575/hour to haul and dispose of the concrete. The hourly fee includes all disposal charges for the concrete pavement. The amount of $1,725 is accurate and should be paid to DMJ. 7. The catch basin identified as structure #122 was relocated closer to the road to avoid inplace utilities. The closer proximity of the catch basin to the road has necessitated replacing the R-4342 casting with a lower-profile R-4340-B casting. A charge of$358 for the replacement casting seems reasonable, and should be paid by the City. The unused R-4342 casting will be delivered by DMJ to the City public works garage for their future use. 8. Based upon City inspection, DMJ was asked to 'shingle'the sod on the west-side of Bryant Lake Drive near Willow Creek. This was done in lieu of using an erosion blanket in this location. The quantity of shingled sod described in the change order seems to be accurate based upon our records and the unit cost for this work is considered reasonable. The change order for this work in the amount of$145 should be paid by the City. I CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 03-5590 ITEM NO.: Public Works Services Receive 100%Petition from North American Eugene A.Dietz Properties for Traffic Signal Improvements for "South West Station" Requested Action Move to: Adopt the resolution receiving a 100% petition from North American Properties for Traffic Signal Improvements to serve the "South West Station" project and authorize preparation of plans and specifications. Synopsis The "South West Station"project includes a signalized intersection at the main entrance connection to Technology Drive. The developer desires to have the City perform this work on a special assessment basis. A 100%petition precludes the need for a feasibility study, therefore the resolution authorizes plans and specifications to be prepared. Background Information North American Properties desires to pursue the installation of the traffic signal through a special assessment process. Additionally, they have expressed a desire to include sidewalks and trails along Technology Drive in the petition process. However, staff believes that the ability to coordinate this type of site work with the adjacent building construction would be cumbersome and is likely to result in a less than desirable finished product. Therefore, staff is recommending that only the signal installation work be pursued through the assessment process. Staff has concerns about City involvement in the project. The Developer's Agreement specifies that the traffic signal shall be activated prior to occupancy of the second building for the site (or July 1, 2003, whichever occurs first). Due to the public bidding process and the necessary Council approvals of the project leading toward construction, the implementation schedule for a public project cannot be as concise as if North American Properties were to construct the signal system with private funds. Staff is committed to deliver the project as soon as feasible, but the terms of the Developer's Agreement are expected to remain applicable. The final cost of the installation is estimated to be between $200,000 and $250,000 (including design, contract administration, standard City 9% administrative fee and interim financing), all of which will be assessed to the development. The developer desires to allocate these assessments to the various buildings and properties comprising the "South West Station". Staff is receptive to this concept as along as there is a reasonable correlation with benefit and does not create either an unbalance payment schedule or jeopardizes our ability to collect the assessments. Attachments 100%Petition 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C.03-5590 TRAFFIC SIGNAL IMPROVEMENTS FOR "SOUTH WEST STATION" • BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement have petitioned the City Council to construct said improvements and to assess the entire cost against-their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the-City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of SRF, Inc.. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper; and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on December 17, 2002. Nancy Tyra-Lukens, Mayor ATTEST: SEAL • Kathleen A. Porta, City Clerk CITY OF EDEN PRAIRIE,MINNESOTA 100%PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: Specify Type General Location Sanitary Sewer Watermain Storm Sewer Street Paving XXX Other TRAFFIC SIGNAL AS PER SW STATION APPROVED PLANS Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially assessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is $200,000 to $250,000. Street Address or other Legal Description of Signatures and Addresses of Petitioners Property to be Served (Must be owners of record) 13500 Technology Drive vitt- 14 A P S .416g 4- 5f vh ih t Li.Z (For City Use) Date Received: i 2is!o Z Project No.: J C. 0 3— Z-S 9Q CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 03-5590 ITEM NO.: Engineering Services Approve Professional Services Agreement with Randy Newton SRF for the Design and Construction Administration of the Southwest Station Traffic Signal Improvements Requested Action Move to: Approve Professional Services Agreement with SRF, Inc. for the design and construction administration of the Southwest Station Traffic Signal Improvements. Synopsis The Developer's Agreement for the approved Southwest Station development project indicates that the developer is responsible for designing and constructing a new traffic signal on Technology Drive at the Main Southwest Station Entrance. A petition requesting the City complete the work on a special assessment basis has been received from the developer and is included on the current council agenda. With approval of the petition and in order to deliver the project as soon as possible, staff would like to move forward with the design of the traffic signal. Background Information The Developer's Agreement for the Southwest Station development project indicates that the developer (North American Properties) is responsible for designing and constructing the following traffic signal improvements on Technology Drive by July 1, 2003 or prior to the second occupancy permit for the Property is issued(whichever occurs first): • A permanent traffic control signal system at the easterly intersection of Southwest Station and Technology Drive including interconnect to the Prairie Center Drive and Technology Drive signal. • Traffic signal phasing modifications at the Prairie Center Drive and Technology Drive signal. This Developer's Agreement requirement was based on the traffic study for the project which determined that with the proposed build out of the Southwest Station sight a traffic signal would be needed on Technology Drive at the main entrance to Southwest Station to efficiently handle the projected traffic volumes. Staff has recently received a petition from North American Properties requesting the City complete the work on a special assessment basis. As a result, staff obtained a Professional Serves Agreement from SRF,Inc. for the design and construction administration of the traffic signal improvements. In order to deliver the project in a timely manner staff would like to proceed with the project as soon as possible. j Financial Implications The design and construction administration of the Prairie Center Drive / Prairie Lakes Drive traffic signal is estimated to cost $28,500. It is anticipated that the traffic signal construction costs will be an additional $175,000 to $200,000. These costs together with a standard City administrative fee of 9 percent and interim financing is expected to result in a total project cost of$200,000 to $250,000, which will be fully assessed to the Southwest Station development project in accordance with the approved Developer's Agreement. Attachment Professional Services Agreement 1 CONSULTING GROUP , INC . Transportation•Civil•Structural•Environmental•Planning•Traffic•Landscape Architecture•Parking Proposal No. P02433R December 3,2002 Mr. Randy Newton,P.E. Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr. Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES TECHNOLOGY DRIVE AT SOUTHWEST STATION SIGNAL/ROADWAY IMPROVEMENTS Based on your request, we are pleased to submit this proposal for professional design, construction administration and inspection services to make modifications to an existing intersection along Technology Drive at Southwest Station, install a traffic control signal system at the modified intersection, and revise the existing traffic signal at the Prairie Center Drive/Technology Drive intersection. SCOPE OF SERVICES We propose to carry out all the work described as follows: 1. Conduct signal warrants analysis and prepare a signal justification report (SJR) for the intersection of Technology Drive and Southwest Station. Submit for review, address agency review comments, prepare and submit final SJR for signatures. Assumes traffic count data and forecasts will be provided by the City. 2. Perform a limited topographic field survey to fill in areas not previously surveyed. Prepare a layout plan for the Technology Drive/Southwest Station intersection. Show edges of pavement,medians, cross-walks and curb cuts. 3. Prepare PS&E for traffic signals, including a new signal system at the intersection of Technology Drive and Southwest Station, a revised signal system at the Prairie Center Drive/Technology Drive intersection, and interconnect between the two. Submit for review, address agency review comments,prepare and submit final plans for signature. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer Mr.Randy Newton,P.E. -2- December 3,2002 4. Administer and inspect traffic signal construction. Construction administration includes soliciting bids, attending the bid opening, recommendation of award, conducting a pre- construction conference, preparing pay estimates, preparing a punch list, and recommending final payment. Construction inspection assumes daily presence of a certified inspector whenever traffic signal construction is being undertaken. SCHEDULE We will complete this work in time to allow for a mid-April 2003 letting. BUDGET The estimated cost for the services described in the Scope of Services is $28,500,which includes both time and expenses. This cost can be broken down as follows: SJR $ 1,800 Traffic Signal/Interconnect Design $13,100 Topo Survey/Layout Plan $ 1,600 Signal Construction Administration/Inspection $12,000 BASIS OF PAYMENT We propose to be reimbursed for our services on an hourly basis for actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc. would be reimbursed at cost, and mileage would be reimbursed at the current allowable IRS-rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. CHANGES IN SCOPE OF SERVICES It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Mr.Randy Newton,P.E. -3- December 3,2002 NOTICE TO PROCEED A signed copy of this proposal, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763-475-2429. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. 4e1?L2t c — George M. Stuempfig,P.E., P.T.O.E. Brian L. Scott,P.E. Senior Associate Principal GMSBLS/smf Attachment(City of Eden Prairie General Conditions) APPROVED: APPROVED: (signature) (signature) Name Name Title Title Date Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. H:\Marketing\Proposals\2002\P02433RTechnologyDriveSigrdwylmpBLS.doc 150 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site or which workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or representatives of Utility Companies. 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City,its subcontractors or consultants. 3.1 Consultant may retain at its facility selected soil, water, or 1.3 City will provide an on-site representative to Consultant material samples for a maximum of 30 days after completion of within 24 hours upon request, to aid, define, supervise, or the work and submission of Consultant's report, which samples • coordinate work or Project Information as requested by shall remain the property of City. Unless otherwise directed by Consultant. the City,Consultant may dispose of any samples after 30 days. 1.4 Consultant will not be liable for any decision,conclusion, 3.2 Disposal of contaminated or hazardous waste samples is the recommendations, judgement or advice based on any responsibility of City. After said 30 days,City will be responsible inaccurate information furnished by City, or other to select and arrange for lawful disposal procedures that include subcontractors or consultants engaged by City. removal of samples from Consultant's custody and transporting them to a disposal site. City may request, or if City does not SECTION 2: SITE LOCATION,ACCESS,PERMITS, arrange for disposal, Consultant may deliver samples to City, APPROVALS AND UTILITIES freight collect,or arrange for lawful disposal and bill City at cost plus 15%. 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. SECTION 4: FEE PAYMENT/CLAIMS 2.2 City will provide for right-of-way for Consultant personnel 4.1 Consultant will submit invoices to City monthly,and a final and equipment necessary to perform the work. invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents 2.3 City will be solely responsible for applying for and as attached. obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for 4.2 To receive any payment on this Contract,the invoice or bill and obtaining such permits and approvals as needed. It is must include the following signed and dated statement: "I declare understood that City authorizes Consultant to act as agent for under penalty of perjury that this account,claim,or demand is just City for City's responsibilities under this section including and correct and that no part of it has been paid." signing certain forms on City's behalf such as Right-of-Way forms. 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant,in writing,of the particular item 2.4 While Consultant will take reasonable precautions to that is alleged to be incorrect within ten(10)days from the invoice minimize any damage to property,it is understood by City that date. Consultant will review the alleged incorrect item within ten in the normal course of the work some damage may occur. The (10) days and either submits a corrected invoice or a statement correction of any damage is the responsibility of City or, at indicating the original amount is correct. City's direction,the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.4 Payment is due upon receipt of invoice(or corrected invoice) above,Consultant agrees to be responsible for damage caused and is past due sixty(60)days from invoice date. On past due by Consultant's negligence. accounts,City will pay a finance charge of 1.5%per month on the City of Eden Prairie Genera!Conditions Consultant Agreement December2000 Page 1 of4 15 unpaid balance,or the maximum allowed by law,whichever is work, except as and to the extent Consultant may, in its sole less,until invoice is fully paid. discretion,deem itself required by law to disclose. 4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/LEVIITATIONSOFREMEDTFS following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City,the Consultant relieved of any and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business. by the default or termination of the agreement. 6.2 City will pay all reasonable litigation or collection expenses 4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement. from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed, however. Consultant makes no representations or guarantees as dropped,or for which judgement is rendered for Consultant,City to what fund reimbursement City may receive. Consultant shall will pay Consultant for all costs of defense, including attorney not be liable for any reductions from reimbursement programs fees,expert witness fees and court costs. made for any reason by state or federal agencies,except as may be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, ,dropped,or for which judgement is rendered for City,Consultant 4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees, Consultant such amounts as are incurred or expended by the expert witness fees and court costs. City on account of the termination of the Contract. 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed All claims, disputes and other matters in question (hereinafter pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or City, and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof,shall be subject to made by others. mediation. If the parties have not resolved the dispute within thirty(30)days of receipt of a written complaint,each party may 5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten (10) days following a will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be used by City for any purpose. appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. 5.3 Unless otherwise agreed,Consultant will retain all pertinent records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8) a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are During that time the records will be made available to City private and confidential. If,at the end of eight hours of mediation, during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to reproducible copies of all software,manuals,maps,drawings, extend hours of mediation. logs and reports at cost,plus 15%,for data and materials not • being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties excerpts of a report constituting less than the entire report,or to asserting the same claims entitlement to damages or payment of mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate may be decided by arbitration in report. accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties 5.5 Consultant will consider Project Infonnation as confidential mutually agree otherwise. In the event any person shall and will not disclose to third parties information that it commence an action in any court for any claim arising out of or acquires,uncovers,or generates in the course of performing the relating to this Agreement or the breach thereof or the Project or City of Eden Prairie General Conditions Consultant Agreement December 2000 Paget of4 construction thereof or any contract for such construction,the party making a claim in arbitration may dismiss such 7_4 Consultant will not be responsible or liable for the proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others. and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph_ SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout, the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant, represent, guarantee,or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant's control. City of Eden Prairie General Conditions Consultant Agreement December2000 Page 3 of4 I a5 SECTION 11: ASSIGNMENT 17_1 The Consultant shall at all times abide by Minn.Stat 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neither party may assign duties,rights or interests in the extent the Act is applicable to data and documents in the performance of the work without obtaining the prior written possession of the Consultant. consent of the other party, which consent will not be unreasonably withheld. SECTION 18: DISCRIMINATION SECTION 12: DELAYS In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race,color,creed, 12.1 If Consultant is delayed in performance due to any cause religion,national origin,sex,marital status,status with regards to beyond its reasonable control, including but not limited to public assistance,disability,sexual orientation,or age against any strikes,riots,fires,acts of God,governmental actions,actions employee of the Consultant,any subcontractor of the Consultant, of a third party, or actions or inactions of City,the time for - or any applicant for employment. The Consultant shall include a performance shall be extended by a period of time lost by similar provision in all contracts with subcontractors to this reason of the delay. Consultant will be entitled to payment for Contract. The Consultant further agrees to comply will all aspects its reasonable additional charges,if any,due to the delay. of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq.; Title VI of the Civil Rights Act of 1964,and the Americans with SECTION 13: EXTRA WORK Disabilities Act of 1990. 13.1 Extra work, additional compensation for same, and SECTION 19: CONFLICTS extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any No salaried officer or employee of the City and no member of the extra work or related expenditures. Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the SECTION 14: WITHHOLDING TAXES Contract void. Any federal regulations and applicable state statutes shall not be violated. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that SECTION 20: ENTIRE AGREEMENT the Consultant and each of its subcontracts has complied with the provisions of Minn.Stat.290.92 relating to withholding of 18.1 This Agreement contains the entire understanding between income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE City of Eden Prairie General Conditions Consultant Agreement December2000 Page4 of4 I51 CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: I.C.01-5541 ITEM NO.: Engineering Division Approve Change Order No.1 for Emergency '< ` Rodney W. Rue Vehicle Preemption System Eugene A.Dietz • Requested Action Move to: Approve Change Order No.1 for Emergency Vehicle Preemption (EVP) System to Electrical Installation and Maintenance Company for a net decrease of$4,260.00 • Synopsis This Change Order is the result of some minor installation changes at two of the EVP locations. It also includes the elimination of the EVP installation at CSAH 4 (Eden Prairie Road) and Valley View Road due to the future reconstruction project. Background Information This project completes our commitment to have all traffic signals within Eden Prairie equipped with EVP systems. This project is being funded by the Capital Improvement budget. Attachments Change Order No. 1 • 165 November 14, 2002 CHANGE ORDER NO. 1 Project: Emergency Vehicle Preemption System Eden Prairie, Minnesota City Project 01-5541 To: Electrical Installation &Maintenance Company You are hereby directed to make the changes notes below in the contract. NATURE OF CHANGE TO CONTRACT • 1. EVP Installation Changes 2. Elimination of System "E" ADJUSTMENTS TO CONTRACT COSTS ADD the following costs to the contract. Item Description Unit Unit Price Quantity Amount 1. Emergency Vehicle Preemption System "D" L.S. $ 690.00 1 $ 690.00 2. Emergency Vehicle Preemption System "L" L.S. $1,150.00 1 $1,150.00 TOTAL ADDITIONS $1,840.00 DELETE the following costs from the contract. Item Description Unit Unit Price Quantity Amount 1. Emergency Vehicle Preemption System "E" L.S. $6,100.00 1 $6,100.00 TOTAL DELETIONS $6,100.00 ORIGINAL CONTRACT AMOUNT $89,799.00 TOTAL ADDITIONS +1,840.00 TOTAL DELETIONS -6,100.00 DECREASE RESULTING FROM THIS CHANGE ORDER -4,260.00 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $85,539.00 THE ABOVE CHANGES ARE APPROVED: WESTWOOD PROFESSIONAL SERVICES, INC. CITY OF EDEN PRAIRIE By O,/&III S , j'&i!a 4. By � Manager I� t U Date UIi IML•er Z� ZOO-) _ Date THE ABOVE CHANGES ARE ACCEPTED: ELECTRICAL INSTALLATION & MAINTENANCE CO. CITY OF EDEN PRAIRIE By �,►��1 .' By QQ Mayor Date //// Date G November 14, 2002 CHANGE ORDER NO. 1 Project: Emergency Vehicle Preemption System Eden Prairie, Minnesota City Project 01-5541 To: Electrical Installation & Maintenance Company ITEM DESCRIPTION OF CHANGES EVP Installation Changes 1. At the intersection of CSAH 4 (Eden Prairie Road) and Wagner Way (System "D") the Contractor was directed to conduct a 30 foot push of 2 inch conduit under a driveway to facilitate an optimal detector mounting location. The estimated cost for the conduit push is $23.00 per foot, for a total of $690.00 for the 30 foot push. 2. At the intersection of CSAH 61 (Shady Oak Road) and City West Parkway (System "L") the Contractor was directed to conduct a 50 foot push of 2 inch conduit under a median opening to facilitate an optimal detector mounting location. The estimated cost for the conduit push is $23.00 per foot, for a total of$1,150.00 for the 50 foot push. EVP System Deletion 3. System "E", at the intersection of CSAH 4 (Eden Prairie Road) and Valley View Road was eliminated from the Contractor's scope as the City will be conducting a separate intersection upgrade project at this location. The bid price for System"E"was $6,100.00. 1 31- CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: LC.52-204 .STEM NO.: Engineering Division Approve Change Order No. 1 for Pioneer Trail VIC Mary Krause and TH 212 Utility Improvements •L. Eugene A.Dietz Requested Action Move to: Approve Change Order No. 1• for the Pioneer Trail and TH 212 Utility Improvement from S.M. Hentges &Sons,Inc. in the amount of$17,349.00. Synopsis This change order is to add valve manholes to the 16" butterfly valve locations on the watermain. • Attachments Change Order No. 1 for 52-204 15% CHANGE ORDER#1 Date: 11/19/02 To: City of Eden Prairie City Improvement Contract#: LC. 52-204 Project Name: Pioneer Trail and Hwy. 212 Utility Improvements Contractor: S.M. Hentges &Sons,Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. City request for 16"butterfly valves to be installed in manholes Adjustments to Contract Price: 1. 60"valve manholes 3 ea @$ 5783.00 $ 17,349.00 Summary of Contract Changes: Contract Amount prior to Change Order#1 $ 319,143.71 • Net Increase resulting from Change Order#1 $ 17,349.00 Current Contract Amount including Change Order#1: $ 336,492.71 THE ABOVE CHANGES ARE APPROVED: Hansen Tho P lline lson, In . City of Eden Prairie By By Date ///7-0i Date THE ABOVE CHANGES ARE ACCEPTED: S.M. He i tges & Sons, Inc. zezioci By Date /1-09, S. M. H ENTGES & SONS, INC. P.O.BOX 69 JORDAN. MN 55352 (952)492-5700 FAX(952)492-5705 •- . Change Order Request 1 Customer Reference Date of Request NOV 1 .S ? 11/13/02 H.T.P.O. . Charles Howley 7510 Market Place Drive • Eden Prairie,MN 55344 Job No. Job Description Job Location 02-454 Pioneer Trail&Flying Cloud Eden Prairie,MN I Drive DESCRIPTION OF WORK PERFORMED: Following are costs to furnish and install 60" valve manhole per Shakopee specifications. APPROX UNIT UNIT BID ITEM QTY MEAS DESCRIPTION PRICE AMT 3 Ea 60"Valve manhole as per City 5,783.00 17,349.00 of Shakopee drawing • Total . $17,349.00 . • 5%Profit $0.00 5%Overhead $0.00 Total Due $17,349.00 Please issue a change order for the above amount. Sincerely, • Gary Zajac Project Manager - . . • G:UOBS\Open Jobs\02-445 EAGLE POINT OFFICEtChange Orders\i.DOC 160 CITY COUNCIL AGENDA -DATE: December 17,2002 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5467 ITEM NO.: Engineering Division Approve Change Order No.1 for Glenshire Mary Krause Addition Wetland Mitigation Improvements Eugene A.Dietz Requested Action Move to: Approve Change Order NO. 1 for the Glenshire Addition Wetland Mitigation Improvements from DM-Corporation in the amount of$2,000.00. Synopsis This change order is for the removal of additional sediments that have accumulated in the existing box culvert under Edenvale Boulevard that the Glenshire Addition wetland area drains through over Outlot A. . . . Background Information This project consists of creating 4.9 acres of wetland credits over Outlot A of Glenshire Addition that will be used for future City projects for Columbine Road and the Purgatory Creek Recreation Area. Attachments Change Order No. 1 for 98-5467 161 CHANGE ORDER#1 Date: 12/5/02 To: City of Eden Prairie City Improvement Contract#: LC. 98-5467 and 02-5572 Project Name: Glenshire Addition and Water Treatment Plant Wetland Mitigation Contractor: DMJ Corporation Engineer: Hansen Thorp Pellinen Olson,Inc. Nature of Changes: 1. Removal of sediment from timber box under Edenvale Blvd. Adjustments to Contract Price: 1. Labor and removal of sediment $2,000.00 Summary of Contract Changes: Contact Amount prior to Change Order#1 $402,987.50 Net Increase resulting from Change Order#1 $ 2,000.00 Current Contract Amount including Change Order#1: $404,987.50 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson Inc. City of Eden Prairie t By, //:t Ci . 1m By Date /2 Date THE ABOVE CHANGES ARE ACCEPTED: DMJ Corporation By JL Date / — l CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5564 ITEM NO.: Engineering Division Approve Change Order No.2 for Charlson�� Mary Krause Area Improvements—Phase II ilL * ` Eugene A.Dietz Requested Action Move to: Approve Change Order No. 2 for the Charlson Area Improvements—Phase II (Eden Prairie Road from Pioneer Trail to Valley Road) from Ingram Excavating in the amount of$29,176.20. Synopsis This change order addresses the construction of a modular block retaining wall at 9250 Eden Prairie Road to save trees and maintain the existing yard area. The addition of the wall results from the final right-of-way negotiations with the adjoining residential property owner. In addition, erosion control blanket was also placed along Eden Prairie Road to stabilize the slopes. Background Information Attachments Change Order No. 2 for 02-5564 I(o November 25, 2002 SRF No. 0003726 0090 CHANGE ORDER NO. 2 CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 • PROJECT: Charlson Area Improvements— Phase II Eden Prairie Road— Pioneer Trail to Hilltop Road I.C. 02-5564 • CONTRACTOR: Ingram Excavating, Inc. 18900 Pioneer Trail Eden Prairie, MN 55347 WHEREAS: In order to save trees at the private residence at 9250 Eden Prairie Road, a Modular Block Retaining Wall was constructed along Hilltop and Eden Prairie Roads. The wall was extended along both sides of the residential driveway. WHEREAS: In order to stabilize the westerly ditch along Eden Prairie Road, the Contractor was directed to install Erosion Control Blanket Category 5. The Contractor was directed to install Erosion Control Blanket Category 2 on (1V:3H) slopes. THEREFORE: In accordance with the terms of the Contract, you are hereby authorized and instructed to perform the improvements as follows: CHARLSON AREA IMPROVEMENTS—PHASE I I EDEN PRAIRIE ROAD—PIONEER TRAILTO HILLTOP ROAD I.G.02-5564 PAGE 2 CHANGE ORDER No.2—NOVEMBER 25,2002 - - • Item No. item Description Unit Unit Estimated Amount Price Quantity **INCREASE** 2411.618 Modular Block Retaining Wall S.F. $19.50 1,190 $23,205.00 2575.521 Erosion Control Blanket Category 2 S.Y. $ 2.13 1,920 $ 4,089.60 2575.521 Erosion Control Blanket Category 5 S.Y. • $ 2.94 640 $ 1,88160 • Total • $29,176.20 CONTRACT SUMMARY: • ORIGINAL CONTRACT AMOUNT: $625,655.00 TOTAL INCREASE CHANGE ORDER No. 1: $ 25,611.16 TOTAL INCREASE CHANGE ORDER No. 2 $ 29,176.20 REVISED CONTRACT AMOUNT $680,442.32 • ISSUED BY: �� • //-Z5 -0Z SRF CONSULTING GROUP, INC. DATE A CEPT DDj INGRAM EXCAV DATE APPROVED: CITY OF EDEN PRAIRIE DATE SRF:Va13:F:Support:3726:3726ChangeOrderNo.2Phasell II-25-02..doc 65 CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 03-5587 1TEM NO.: Engineering Services Summary of Bids 2003 Maintenance Materials Mary Krause and Water Treatment Chemicals Eugene A.Dietz Requested Action Move to: Award contracts for maintenance and water treatment chemicals for 2003. Synopsis Bids were received on December 5, 2002 for the 2003 supply of Street Maintenance and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Background Information MnDOT 2331 and Class 5 Aggregate: Four bids were received for MnDOT Bituminous Mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a savings to use asphalt supplied from Midwest Asphalt to supply the bituminous material, with Mueller & Sons having the second lowest cost based on the analysis. Due to production capabilities, demand and availability at the plants, the award of the bituminous mix is to Midwest Asphalt and Mueller & Sons. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration time, equipment and labor to haul the material was done for the Class 5 Recycled aggregates. The analysis for Class 5 Recycled show a savings by utilizing Midwest Asphalt. Water Treatment Chemicals: The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary depending upon the 2003 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. Attachments Recommendation of Award w e . '5 k F /\k k • k °rc3 w § • a cel c r. \�at � e • @ o no\ 2 y C / in Q3 E g 7 A m q\\ % 2 % ad\ k k § C.) f �_ 2// ƒ q C / //Q 0 \ \ / 2 0 CY K — N k . U "«k� F ' / § \\2§ / . a Q��U 07 cu " � q T \ % 2 U ƒj© b 2 / • q mQ§ e W W in @ 2 w w w o - E VD + ON ° d N 7 2cn 2 m M % M § 7 / C / \ $\/ 2 N & k / 5 & 0 _ / d Uco ° \ m ^ o / d 2 . 0 ƒ k m o k cn / ° © @ a e © -8 Mi g k 3 c 4 8 § o -' / k 2 2 d $ g § ƒ / ƒ 7 ¢ § § ? a f A / 0 2 7 - 7 \ \ $ 2 J % k / g 8 3 k 3 6 / a = d k 09 / d Q d & /6 74 0 0 0 0 0 0 0 0 0 0 0 0 � ON tea, Ino 0 o 0 0 0 Q\ in C V7 sr) O oo O O M N N N N N \0 N coo O1/40 b4 bS b4 b4 44 b4 EA- -- CM4 44 64 64 64 cU U p. 4 a ' cn "+ro U U U U U cl.,� �� cn U U F� 03 0 ) U .) C 0 0 a) 0 0 U Z 3 czi 0 . - x x x x x H y 2 Il) WE r: co) WO 4 LI a, s. E-1 cat a) b a) tb N .41 r1 ,—� d tea) b +�., a) • .et a) bA ( a) 0 . 'd a) C..) rt o cat M g o ON O O a Oo : N E-H g E C) A.( v1CI O 0 14 •d ;d 'd coci' d �' G" 'd 'o In 0 U U a a •a" •a" c° cn 0 M N N Cr) 'd' cn Vr N oo G1 O F4 I {f CITY COUNCIL AGENDA DATE: December 17,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: i'!'L+`M NO.: Public Works Services Authorize Acquisition of Wetland Credits Eugene A.Dietz Requested Action Move to: Authorize purchase of Wetland Credits from Mary and Michael Mueller in Sibley County for up to five (5) acres of credits at $0.25 per square foot pursuant to a purchase agreement in form and substance as attached hereto with such changes as are approved by the officers signing the document. Synopsis As part of the development of the Purgatory Creek Recreation Area (PCRA), redevelopment of the tax forfeited parcel south of and adjacent to the Flagship Athletic Club (Participation Development site) and extension of Columbine Road, replacement of lost wetlands is part of the permit requirements from the State of Minnesota,Watershed District and the Corps of Engineers. Most of the mitigation is occurring at the Water Treatment Plant and on "Glenshire Outlot A" adjacent to Edenvale Boulevard in the Sunshine Drive neighborhood. The balance of the mitigation acreage must be purchased elsewhere. The Muellers have property in Sibley County that is being developed into a mitigation site that meets the criteria necessary for our permitting activity. Background Information Over a number of years,the City has been addressing three wetland issues: • Filling of wetlands in what is now the park entrance area to the PCRA; • Wetland fill on the Participation Development site;and • The need for additional wetland fill to create the extension of Columbine Road to connect with Prairie Center Drive. These three issues have been resolved through a settlement with the Environmental Protection Agency and permitting process that requires 7.46 acres of wetland mitigation(generally a 2 for 1 replacement). Construction is presently under way to create wetland mitigation sites at the Water Treatment Plant and on the outlot adjacent to Edenvale Boulevard that will mitigate 6.32 acres. The additional 1.14 acres is not feasibly available within our city limits. The Muellers have been engaged in creating wetland credit banks for several years and their current 40-acre parcel has eight remaining acres available for sale. The purchase agreement is a "contingent" document that is subject to final approval by the State Regulatory Agencies granting the Wetland Mitigation Bank Status. The purchase agreement contemplates a down 169 payment and full payment upon certification of the property as a wetland bank. Although this process seems tenuous,the Riley,Purgatory, Bluff Creek Watershed District has acquired some of the wetland credits to meet their needs and the attached purchase agreement is the document that they used to acquire these credits. Staff believes that the risk to the City is substantially reduced based on the research and work of the legal and engineering staff of the Watershed District for this same location. Although our needs for the specific projects at the moment are approximately 1.14 acres, the price of$10,890 per acre makes it attractive to purchase additional credits for eventual use as may be necessary in the future. In the event that we do not need additional wetland credits in the future,we believe that they would be marketable to another buyer. The acquisition cost for the acreage necessary for the current mitigation in the vicinity of the PCRA will be borne by those projects. The additional cost would come from the Storm Water Utility Fund. Staff recommends approval of this acquisition. Attachments Form of Purchase Agreement • • G.:9-SSAICOUNCUL 20O21Acquisi5on of Wetland Crecffs 12-17.C2.doe 17o PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made the 6 day of May, 2002 between Mary S. Mueller and Michael B. Mueller (Seller) and Riley Purgatory Bluff Creek Watershed District, a political subdivision of the State of Minnesota(Buyer). • A. Seller is the owner in fee simple of the real property located in Sibley County, Minnesota which is legally described as: the NW '/4 of the SE %4 of section 14, Township 113 North,Range 30 West, Sibley County, Minnesota. Hereto referred to as"Land". Land is free and clear of all encumbrances except as a real estate mortgage in favor of State Bank of Gibbon, dated February 17, 2000, and recorded on February 17, 2000, in the office of the County Recorder for Sibley County, as document No. A-177579. B. Seller intends to restore a wetland and deposit the resulting wetland credits in the Minnesota Wetland Mitigation Bank pursuant to Minnesota Rule 8420.7020- .0760. Seller has completed a Wetland Banking Plan Application which has been approved by the Local Government Unit, Sibley Soil and Water Conservation District. Construction efforts began in November 2001 and were nearly completed in December 2001. Construction efforts and vegetative cover installation will be completed as early as practical in Spring 2002. C. Pursuant to Minnesota Rule 8420.0720-.0760 Seller intends to record a declaration and covenants for the wetland bank ("Wetland Bank Declaration") on the land. 1. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following wetland banking credits derived from the Banked Wetland(Credits): New Wetland Credits(to the nearest 0.00 acres) 6.16 ac. . Wetland type using Circular 39 Methodology Type III Topographic Setting Tributary . Watershed Name and Number Minnesota River—Shakopee#33 1.1 Wetland Type: Seller has previously entered into purchase agreement for the sale of approximately 45% of the Type III wetland acreage resulting from the wetland restoration referenced above. In the event the remaining restoration acreage does not contain sufficient Type III wetlands to meet the seller's obligation under this agreement, the Seller shall, at the Buyer's option, provide the balance of the 6.16 acres in Type II wetlands. In the event that the buyer chooses to accept Type IT wetlands and is required to purchase additional credits due to the Type II classification, the Seller shall, at the Buyer's option, sell the additional acreage at the discounted price of fifteen cents ($0.15) per square foot. Alternatively, the buyer may terminate the agreement as to those acres that are not Type III, pursuant to the provisions of paragraph 2, for a refund or reduction of the purchase price equal to that portion of the 6.16 acres that does not meet the function and value requirements of a Type III wetland. 2_ Contingencies. The obligation of Seller and Buyer under this Agreement are contingent upon each of the following: 2.1.1 Seller shall proceed expeditiously and in good faith to complete all procedures pursuant to Minnesota Rule 8420.0720-.0760M which are necessary to deposit the Credits in the state of wetland banking system on or before the closing date. 2.1.2 Certification of Deposit. The Minnesota Board of Water and Soil Resources (BWSR) shall have certified pursuant to Minnesota Rules 8420.0740 Subpart 1 M, on or before the Closing Date, the deposit of the Credits in the wetland bank account of the Seller. This deposit is in part contingent upon development of expected wetland characteristics. If such characteristics do not develop by the closing date this agreement may be terminated as stated below. 2.1.3 Recording Contingency. On or before the Closing Date, the Seller shall record the Declaration of Restrictions and Covenants for Replacement Wetland and the Consent and Subordination Agreement for any other parties who may- have an interest in the land on which the Replacement Wetland is located. 2.2 Approval of Buyers Replacement Plan. The local government unit for the impacted wetland shall have approved, on or before the Closing Date, Buyer's wetland replacement plan using the Credits as wetland replacement. Buyer agrees to make best efforts to obtain approval of Buyer's replacement plan. If any such contingency has not been satisfied on or before the Closing Date, and no postponement of the Closing Date has been agreed to by buyer and seller in writing, then this Agreement may be terminated, at Seller's or Buyer's option,by written notice to the other party. Upon such termination, the Earnest Money shall be returned to Buyer without interest and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Credits. 3. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Credits shall be $53,665.92. The Purchase price is based on twenty cents ($0.20) per square foot for New Wetland Credits. The Purchase Price shall be payable as follows: 3.1 $5,000 as earnest money, the receipt and sufficiency of which are acknowledged by Seller. 3.2 $48,665.92 in cash on the Closing Date. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur within one month after certification of wetland credits for the Minnesota Wetland Mitigation Bank, the transfer must occur on or before May 30, 2003 (the "Closing Date"). In the circumstance of wetland credits not being certified by this date, due to weather related issues, this date may be extended by mutual, written agreement between Buyer and Seller. The Closing shall take place via United States Postal Service or at such a place as may be agreed to. 4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller Closing Documents") all in form and content reasonably satisfactory to Buyer. 4.1.1 Bill of Sale. A Warranty Bill of Sale, conveying the Credits to Buyer, free and clear of all encumbrances. 4.1.2 Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller, the Credits, or the Land; that there has been no skill, labor or material furnished to the Land for which payment has not been made or for which mechanics' liens could be filed; that there are no other unrecorded interests in the Land; and that there are no security interests or encumbrances of any kind affecting the Credits. 4.1.3 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Credits to Buyer free and clear of all encumbrances. 5. Representations and Warranties. Seller represents and warrants to the Buyer as follows: 5.1 Seller owns the Land described in Section A free and clear of all encumbrances except the encumbrance identified in Section A. 5.2 Wetland banking credits in the Seller's account that will be transferred to Buyer have not previously been utilized in any way to mitigate wetland impacts. 6. Seller's Obligations with Respect to Land and Banked Wetland. Seller and Buyer agree that Seller shall be solely responsible for all matters with respect to the Land and the restoration and maintenance of the Banked Wetland. Seller agrees to be responsible for and to indemnify Buyer and hold Buyer harmless from, all liabilities arising out of the ownership, operation or maintenance of the Land and the Banked Wetland,whether arising before or after Closing. 7. Notices. Any notice required or permitted hereunder shall be mailed in a sealed wrapper by United States mail, or a nationally recognized, reputable overnight courier, properly addressed as follows: •If to Seller: Attn: Mary and Michael Mueller 25859 577 Avenue Winthrop,MN 55396 If to Buyer: Attn: Riley Purgatory Bluff Creek Watershed District C/O Barr Engineering Company 4700 West 77th Street Minneapolis,MN 55435 • Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 8. Agreement as to Status of Credits. Seller and Buyer agree that the Credits are personal property. Seller and Buyer agree that, by virtue of the execution of this Agreement and the transfer of the Credits, Buyer shall be deemed to have obtained an interest in the Land pursuant to the Declaration of Restrictions and Covenants for Replacement Wetland recorded with the Sibley County Recorder as Document#A-186185, on April 10,2002. 9. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement may terminate at Seller's discretion, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude the Buyer from seeking and recovering from Seller specific performance of this Agreement. Buyer shall have no right to seek damages from Seller for Seller's defaults hereunder. The foregoing shall not preclude Buyer from recovering the Earnest Money in the event of Seller's default or from obtaining recovery from Seller with respect to Seller's express obligations hereunder to indemnify and hold harmless Buyer. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: /AY, -2- 4 itidj21„, 576/6 2- Mary S-(.11iIueller Date of Signature Michael B.Mueller Date of Signature BUYER: • -7 70 7, Perry F ster Date of Signature President Riley Purgatory Bluff Creek Watershed District I`I CITY COUNCIL AGENDA DATE: 12/17/02 SECTION: Reports of Officers SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget- Resolution Certifying the 2002 Property Tax Levy, Don Uram Collectible in 2003 and adopting the 2003 General Y , Q Fund Budget Requested Action Move to: • Adopt resolution certifying the 2003 Property Tax levy to be$24,366,351; • Approve the 2003 Budget of$31,472,699 as reviewed by the Council on December 2,2002. • Background Information On September 3, 2002, the Eden Prairie City Council adopted a resolution certifying the proposed 2003 City property tax levy. Calculations for the City showed the certified levy against tax capacity to be $25,079,073. This figure included a proposed $300,000 tax abatement levy. Also included was a market value levy of$623,000. At the Truth-in-Taxation hearing held on December 2, Staff indicated that the tax abatement levy would be reduced to coincide with a reduction in the assessed value of the ADC building. This value reduction totaled $25.5 million. As a result, the abatement levy was reduced from $300,000 to$130,000. This reduction is reflected on the final levy certification. With that change, the certified levy against tax capacity is $24,909,073. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution ($1,165,722). Accordingly, the City's resolution shows a net levy on tax capacity of $23,743,351, and a market value levy of$623,000, for a total net levy of$24,366,351. According to state statute, the final levy amount must be certified to the county auditor by December 30, 2002. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- A RESOLUTION CERTIFYING THE 2002 TAX LEVY, COLLECTIBLE IN 2003, AND ADOPTING THE 2003 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 2003 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 $22,722,273 Equipment Revolving Fund 614,800 Bonds and Interest 1995 Improvement Refunding Bonds 500,000 1995 Building Refunding Bond 215,000 2000A Public Facility Bonds 346,000 2002 Public Facility Bonds 231,000 2002 Equipment Certificates 150,000 Tax Abatement 130,000 Net tax capacity levy for certification $24,909,073 Less Fiscal Disparities distribution 1,165,722 Net tax collectible in 2003 $23,743,351 Taxes to be levied against market value 1992 & 1993 Park Bonds $ 445,000 1994 Open Space Bonds 178,000 Market value tax levy for certification $ 623,000 Total net tax collectible in 2003 $24,366,351 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). 1� • BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2003 Budget for the General Fund and Debt Service Obligations totaling$31,472,699. ADOPTED by the Eden Prairie City Council this 17th day of December,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE:December 17, 2002 SECTION:Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: Update of Park and ITEM NO: Parks and Recreation Open Space System Plan A . Robert A.Lambert Director''I91(- ' Requested Action Motion: Close the public hearing and approve the draft of the Eden Prairie Park and Open Space System Plan dated October 2002. Synopsis The Parks, Recreation and Natural Resources Commission approved the plan at their November 4th meeting. The Planning Board approved the Park and Open Space System Plan at their November 25th meeting. Upon approval of the draft by the City Council it will be forwarded for review to the Metropolitan Council and to the communities surrounding Eden Prairie. Upon review and approval by the Metropolitan Council;the City Council will approve the final plan in April. At that time, staff will order printing of the final approved copies. Background The Metropolitan Council requests Municipal Guide Plans and associated plans such as the Park and Open Space System Plan to be updated every 10 years. The last updated plan was completed in 1988. The updated plan does not change any of the standards or policies the City has followed for making decisions on acquisition and development of the park and open space system and the citywide trail system. The plan does update the inventory of the parks and trails, and assesses the growth, or decline, of the use of various park facilities.. This plan projects needs based on citywide surveys, as well as surveys from park user groups. Some of the significant facts and recommendations.include the following: 1. Citizens are concerned about the water quality in Eden Prairie's lakes and support continued efforts to clean up those lakes,but expect the City to provide an outdoor public swimming pool to guarantee clean swimmable water. 2. The citizens that operate the various athletic associations believe that most outdoor recreation user groups have seen their peak demand and use of their facilities will remain flat or decline slightly over the next 10 years. This is not true for users of soccer/football December 17,2002 Update of Park and Open System Plan Page 2 fields, as soccer continues to grow The new sport of lacrosse will demand use of those same fields during the summer and fall time period when fall soccer and football also require those same fields. Older boys and young men are indicating an interest in playing competitive baseball at a later age;therefore, there is a demand for at least one additional regulation baseball field beyond the existing facilities. The consensus of the various athletic associations is that the City should provide one additional regulation baseball field and at least four additional regulation soccer fields beyond the two that were being developed in 2002 at Crestwood Park 3. Although an 18 hole public golf course was the strongest supported facility in the 2001 survey, recent Minnesota surveys indicate that golf courses may be overbuilt in • Minnesota at this time. The only available land large enough to accommodate an 18 hole golf course in Eden Prairie is the former BFI Landfill site. That site will,not be available for consideration of development of any recreation facility until the methane collection operation is completed and significant settling within the landfill is reduced. MPCA officials believe it may be 15 to 20 years before that site is ready for any public recreational use. The City should remain in contact with MPCA officials and encourage the development of an end use plan that will allow public enjoyment of this large open space.site. 4. The residents expect the City to maintain the existing park system and update facilities such as the Community Center to ensure the City is providing comparable services to other suburban communities. Sixty-two percent of the residents in the community forum supported the need for additional Community Center facilities. The most important expansion would be an outdoor swimming pool. The second highest supported facility was a multi purpose space for teens and youth activities. Other supported improvements • included a better fitness facility, indoor basketball and volleyball courts, child care, and a •third rink ' 5. Residents continue to believe it is important for the City to protect its natural resources and complete the planned City trail system, including those trails within conservations areas that make those areas accessible to the public. The City currently has approximately 90 miles of transportation and recreation trails and it is important to continue to expand the'trail system to complete trail connections, especially along high volume, high speed roadways. 7. The Park and Open Space Plan recommends expanding the diversity of functions and facilities within the park system and continuing to maintain the special use facilities it has already developed, including: community gardens, ornamental gardens, nature interpretative areas, fishing piers, boat launch sites, sliding hills, picnic shelters, the Outdoor Center, disc golf and skate parks. It suggests considering facilities such as an archery range, off-leash dog park and expanding its skate parks. • 11 December 17,2002 Update of Park and Open.System Plan Page 3 These types of special use facilities make Eden Prairie's park system unique to Eden Prairie, and expand the use to citizens with a wide variety of interests_ Document Distribution and Use When the final document is approved, staff will distribute a copy to Councilmembers, Commission members, department heads, planning staff; and park and recreation staff. This document should be a commonly used reference document when decisions are made regarding parks, open space and trail planning, design or development. RAL:mdd a Friends of Birch Island Woods www.BirchIslandWoods.orq Jeff Strate 15021 Summerhill drive Eden Prairie,MN 44346 952-949-8980 November 12, 2002 Bob Lambert Director of Parks and Recreation Services City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CC: Scott Neal,City Manager Laurie A. Obiazor, Manager, Recreation Services Parks and Recreation Services Dear Mr. Lambert We thank the City for helping us review the October 2002 Draft of the Eden Prairie Park and Open Space System Plan that has been prepared by SRF Consulting Group. This splendid profile of Eden Prairie's parks and recreation amenities should serve as an effective tool for future planning, managing and budgeting strategies and provide citizens with comprehensive and referenced evidence of their remarkable set of parks, recreation and open space resources. Per the public comment process*, we submitt for consideration prior to the Tuesday December 17th public hearing on the draft plan and for timely distribution to City Council Members and pertinent City Staff, prior to the hearing, the following comments, questions and suggested amendments to a few of those sections of the plan with which we have some knowledge. Most sincerely yours, c)t4t& Jeff Strate for the Steering Committee Friends of Birch Island Woods *Announced in the Legal Notices section of the Dec. 8, 2002 edition of the Star Tribune. • Comments and Suggested Amendments EDEN PRAIRIE PARKAND OPEN SPACE SYSTEM PLAN —Draft, October,2002 Page 2 Submitted by Jeff Strate,Friends of Birch Island Woods Page 2-25 (suggested admendment) Chanhassen Abutting trails include conncections at West 78th Street (State Highway 5), trail at Marsh Lake Park, Lake Riley Boulevard, Pioneer Trail, and the Chanhassen portion of the Southwest Regional LRT Trail owned by the Hennepin County Regional Railroad Authority and managed by Three Rivers Park District. (suggested amendment, last sentence at bottom of_page) Minnetonka There is also a SW Regional LRT Trail conncection with Minnetonka at the Crosstown Highway bridge over the Twin Cities and Western Railroad. Page 2-35 BIRCH ISLAND WOODS: Question -- Size (in acres): Should the"Future Acquisition" total be increased from 4.0 acres to reflect both the Picha partnership portion of the woods and the Twin Cities and Western owned portion of the woods? The new total would be from 8 to 9 acres. Comments and Suggested Amendments EDEN PRAIRIE PARKAND OPEN SPACE SYSTEM PLAN —Draft, October, 2002 Page 3 Submitted by Jeff Strate,Friends of Birch Island Woods Recommended amendment to more accurately reflect the role of the Birch Island Woods in its area-- Adjacent Land Uses: Single-family residential - south and west; small-scale agriculture - south; human service, outdoor recreation, conservation, historic preservation and railroad - north, Industrial and regional trail - east. Recommended amendment to more accurately reflect current uses of the Birch Island Woods -- Special Use Groups: User groups include bird watchers, nature lovers, bicyclers, joggers, snow shoers, history buffs, student groups and youth with special needs from nearby Eden Wood Center. Page 2-43 CAMP EDENWOOD Alert: Confusion regarding the current, proper name of the area is common. The name that Friendship Ventures gives its operation and which it uses on its signs is: EDEN WOOD CENTER. Historical Significance: We recommend a fact check: The camp with its historic, now protected buildings may have opened in 1925 not 1924. Suggested amendment for last sentence which avoids leaving the false impression that the camp was closed for good in 1950 -- The camp served suspected tuberculosis carrying childern until 1950 and other kinds of special needs children at various times there after. Verify with John Gertz. ( LI • Comments and Suggested Amendments EDEN PRAIRIE PARKAND OPEN SPACE SYSTEM PLAN —Draft, October,2002 Page 4 Submitted by Jeff Strate,Friends of Birch Island Woods Suggested amendment to more accurately reflect the surrounding land uses -- Adjacent Land Use: Hennepin County owned wetlands, open space and Glen Lake Golf Course (managed by Three Rivers Park District) - north, industrial -east, railroad and conservation area - south, community park and lake south and west. Suggested amendment -- Physical Features: Rolling terrain which fronts Birch Island Lake and wetlands. Suggested amendments -- Existing Facilities: • Historic Holasek House, circa 1882 (moved from near Holasek Hill Park in 1986 to a nearby Minnetonka site and then to Eden Wood in 1987). The city-owned structure is currently used as a residence for Friendship Ventures staff. • Camp facilities including a conference center-dining hall, cabin-dorms, the historic camp dorm and refrectory, a small beach and canoe launch dock. • • Various outdoor recreation activities including volleyball, canoing, fishing, snowshoeing and confidence building exercises. • Nature trails that join trails in the rest of Birch Island Park. Suggested amendment to more accurately reflect current uses and employ descriptive preferred by this particular service profession -- Special Use Groups: This site is leased to Friendship Ventures, Inc., and is used for year long camp programs primarily for youth and young adults with special physicial and mental needs. The conference center and cabins are also rented to local and regional community groups and associations for meetings, banquets and retreats. 1 5 Comments and Suggested Amendments EDEN PRAIRIEPARKAND OPENSPACE SYSTEM PLAN —Draft, October, 2002 Page 5 Submitted by Jeff Strate,Friends of Birch Island Woods The camp facilities have been improved by both Friendship Ventures and the City of Eden Prairie. Improvements during the late 1990's include the new conference-dining center, offices and parking areas and the installation of City sewer and water. More recently, the City has restored the historic Glen Lake Childrens Camp dorm and dining hall. The interpretative value of the entire site is high and although access is necessarily regulated by Friendship Ventures, general interest in and visits to the site have significantly increased with the opening of the new conference center and public awareness prompted by local conservation and recreation efforts. The level of Birch Island Lake has dropped approximately nine feet since the mid-1980's. The lake is no longer viable for recreation except for Eden Wood canoing, boating and wading activities. Page 2-24 (Eden Wood Center) Recommendations: Suggested amendment-addendum to reflect a recent study -- In August 2002, The Nine Mile Creek Watershed District authorized a preliminary study to evaluate the viability of further studying the causes of the low level of Birch Island Lake. It is recommended that any further studies should evaluate and propose remedies which would restore the lake's level. (NOTE: See Table 6.1 on page 6-4. The Birch Island Lake Section seems not to reflect current information on lake levels.) Comments and Suggested Amendments EDEN PRAIRIE PARKAND OPEN SPACE SYSTEM PLAN —Draft, October, 2002 Page 6 Submitted by Jeff Strate,Friends of Birch Island Woods Page 2-75 (Forest Hill Park) Suggested addendum - Existing Facilities: • Wetland nature and snowshoe trail (Managed by school environmental program.) Page 3-38 Living Farm I believe "Living History Farm" or"Community Farm" might be more in line with current descriptions of what this section calls a "Living Farm" Discusion pertaining to a suggested addendum -- If the Eden Prairie Park and Open Space Plan is the proper planning document for inclusion of certain kinds of farms and farmer markets and their current or potential educational, open space, scenic, commercial and historic preservation functions, we recommend that they be considered for inclusion in. the plan. Comment: There will be increasing public support for those Eden Prairie farms which wish to remain in business. These farms produce fruits, sweet corn, gourds, pumpkins, vegetables, berries, flowers and possibly other crops including honey and specialty vegetables for the restaurant, gourmet and organic food markets. Among these, are farms associated with the Dvorack, Picha, Marshall and Peterson families. And, as noted elsewhere in the draft plan, the Riley- Jacques farm site on city park land could possibly be farmed by contract. Perhaps there are other city-owned parcels suitable for small scale farming. l Comments and Suggested Amendments EDEN PRAIRIEPARKAND OPENSPACE SYSTEM PLAN —Draft, October,2002 Page 7 Submitted by Jeff Strate,Friends of Birch Island Woods These farms may continue to operate as they do now (some with their own seasonal stands, plant sales and farmer market presence). Other farms may, however, wish to market their produce more aggressively to local residents as community and/or subscription farms or farms that help supply the farmers market proposed for the Purgatory Recreation Area near th-e Southwest Metro Transit Station. Farms such as the Picha Heritage Farm near Birch Island Woods and the Riley-Jacques farm site might be operated with a history farm slant. School, community service, history tours and scouting groups, for example, already visit the Picha operations. Subscription, history and community farms are popular and profitable elsewhere in the metro region and other parts of the country and an infrastructure of supportive non-profit organizations such as the Land Stewardship Project are available to help nurture this form of urban agriculture. So, although such farms will most likely remain private commercial ventures (if they are not converted for housing,commercial or parks uses), they will likely be providing quazi public roles linked to the city's park and recreation division and local school districts. So, should this type of activity and land use be• included more prominently in the Park and Open Space System Plan? Any changes in this section might need to be reflected in other sections including Chapter 7: Special Use Facility Needs. Page 3-39 Natural Resource Preservation Suggested amendment -- Support Facilities Amend last sentence in paragraph to include Birch Island Woods Conservation area as shown in the alphabetical list: 1SY' Comments and Suggested Amendments = EDEN PRAIRIEPARKAND OPENSPACE SYSTEM PLAN —Draft, October, 2002 Page 8 Submitted by Jeff Strate,Friends of Birch Island Woods Such trailheads could be developed at the Birch Island Woods Conservation Area, Edenbrook Conservation Area, Edenvale Conservation Area, Richard T. Anderson Conservation Area - - - Page 7-3 14. Disc Golf This section may need to be updated to reflect what Bryant Lake Regional Park may or may not have done with a disc golf course. CHAPTER 6 WATER RESOURCES Question: Should the following ongoing wetland study, described below, be referred to in the water resources chapter or other places? The Wetland Health Evaluation Project (WHEP) has selected a wetland in the Birch Island Woods, Moraine Pond, a Duck Lake backwater and a Dell Road, wetland near Bear Path Trail to study each area's vegetation and macro invertebrate (swamp creature) communities. WHEP is run by the Minnesota Pollution Control Agency and Hennepin Conservation District (HCD) with support from participating cities. Dave Phill of. HCD the coordinator 763-420- 2157. (From a press release distributed by the HCD, early 2002.) Comments and Suggested Amendments EDEN PRAIRIE PARKAND OPEN SPACE SYSTEM PLAN —Draft, October, 2002 Page 9 Submitted by Jeff Strate,Friends of Birch Island Woods PROJECT REVENUE SOURCES 2002 to Year 2008 Capitol lmporvement Program Acquisitions Page 8-11 Birch Island Woods Question --- Does this paragraph on Page 8-11 reflect the financing and funding strategy that the city chose to persue about a year ago to meet the terms of its contract for deed with Hennepin County for the county-owned portion of the Birch Island Woods? The last sentence of this paragraph ("Acquisition of this site will require a referendum or approximately 1.5 million dollars in reduction of other proposed acquisition or development projects in the CIP.") seems unclear. It is difficult to tell if the "1.5 million dollars" refers (a) only to the Picha land on the north edge of Birch Island Road (part of the south swath of the woods) or (b) the county-owned land and the Picha land or (c) the county-owned land and the Picha land and a section of the woods owned by the Twin Cities and Western Railroad. The later is not referred to the text of the draft. Comment: Not all of the 4 acre Picha part is developable and "1.5 million dollars" seems very high even if that amount includes the 600,000 dollars for the county land. Comment: This paragraph might speak to city easements on the Picha parcel which would be compatible with City intentions for the conservation area and provide for future, restricted use of part of the 4 acres of land for a living history farm and/or parking lot. Such an easement would require compensation (for an amount likely to be lower than a sale) to the owner. Question: Should the portion of the Birch Island Woods (the large hill) owned- by the Twin Cities and Western Railroad be considered in this section? Comments and Suggested Amendments EDEN PRAIRIE PARKAND OPENSPACE SYSTEM PLAN —Draft, October, 2002 Page 10 Submitted by Jeff Strate,Friends of Birch Island Woods Page 8-14 Birch Island Park Question: Are there funds available for safer car entry to and egress from County Road 4? This park's driveway has remained a risky.protal ever since the construction of Highway 62 (the Crosstown). Smetana Lake Park Probably needs an update to reflect that 2002 is a year gone by. Page 8-17 Comment: Any changes pertaining to the Birch Island Woods section on page 8-11 should be reflected in the Birch Island Woods section on page 8-17. End of Comments \9 1 CITY COUNCIL AGENDA DATE: 12-17-02 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Guide Plan Update -p Scott A.Kipp Chapter 6 -Airport Element, and Aviation Goals � Donald R. Uram section of Chapter 2 Requested Action Move to: Close the public hearing on the Airport Element and Aviation Goals of the Comprehensive Guide Plan Update. Synopsis This is for adoption of the Airport Element and Aviation Goals of the Comprehensive Guide Plan. Action on the Resolution to adopt the Airport Element and Aviation Goals will take place under the Ordinances and Resolutions portion of the agenda. Community Planning Board Recommendation The Community Planning Board voted 9-0 to recommend approval of the Airport Element and Aviation Goals to the City Council at the May 13, 2002 meeting, subject to the City Council and Metropolitan Airports Commission(MAC) entering into a final agreement. Background The City Council adopted the Comprehensive Guide Plan Update on March 19, 2002, except for the Airport Element. This was to allow a final agreement between the City of Eden Prairie and MAC to be completed. The MAC approved the final agreement at its December 16, 2002 meeting. The Council is scheduled to approve the fmal agreement tonight under the Ordinances and Resolutions portion of the agenda. The relevant sections of the final agreement are included in the Aviation Goals in Chapter 2 and Airport Element of Chapter 6. Attachments 1. Aviation Goals section of Chapter 2 2. Airport Element—Chapter 6 1 City of Eden Prairie Comprehensive Plan Update AVIATION GOALS AVIATION Promote land use compatibility between Flying Cloud Airport and GOAL 1 surrounding land uses. Policies The City shall: 1. Review proposed development on land proximate to the airport, and notify the Metropolitan Airports Commission of any proposals, to determine consistency between proposed development and the airport with respect to safety and noise. 2. Support implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie and the Metropolitan Airports Commission entered into on December 17, 2002. 3. Support maintaining the Flying Cloud Airport as a"minor use" airport not improved beyond the design criteria of this functional classification. AVIATION Minimize the impact of aircraft noise upon noise-sensitive land uses. GOAL 2 Policies The City shall: 1. Support the Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise for new development. 2. Support implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie and the Metropolitan Airports Commission entered into on December 17,2002. 3. Encourage and support the noise abatement programs for the airport. AVIATION Support action by the Metropolitan Airports Commission to protect GOAL 3 land areas within defined State Safety Zones. December 17,2002 2-19 13 City of Eden Prairie Comprehensive Plan Update Policies The City shall: 1. Support the Metropolitan Airports Commission in acquiring undeveloped property at fair market value impacted by State Safety Zones A and B if applied to Flying Cloud Airport. 2. Support payments in lieu of taxes to recover lost City revenue that would be realized if acquired land were developed for private, commercial uses. AVIATION Protect all primary, horizontal, conical approach, transitional and GOAL 4 general airspace from vertical intrusions. Policies The City shall: 1. Review development proposals based on meeting FAA and MnDOT Office of Aeronautics airspace criteria. 2. Notify the FAA, MnDOT Office of Aeronautics, and Metropolitan Airports Commission of any development proposals that may involve review of FAA and MnDOT Office of Aeronautics airspace criteria. AVIATION Establish and implement a Design Framework Manual for existing GOAL 5 and new development at Flying Cloud Airport. Policies The City shall: 1. Support extension of municipal sanitary sewer and water to the airport. 2. Develop guidelines for architectural continuity for new building and hangar construction, including guidelines for signs, lighting, and screening of trash areas. 3. Work to eliminate or replace deteriorating first generation hangar buildings. 4. Support landscaping improvements on airport property to help mitigate noise and visual impacts to neighboring properties. December 17,2002 2-20 City of Eden Prairie Comprehensive PIan Update CHAPTER 6 AIRPORT ELEMENT 6.1 INTRODUCTION service is provided to the airport. Individual private septic systems and wells are Flying Cloud Airport is one of six currently in use. metropolitan reliever airports owned and operated by the Metropolitan Airports In 1978, the MAC adopted a weight Commission (MAC). It is located in south restriction for the airport known as central Eden Prairie along the Minnesota Ordinance 51. It prohibits all turbojet River bluffs. The MAC acquired the airport aircraft operations except those with a in 1947 when it consisted of 134 acres. 20,000 pound maximum take off weight Today, the airport contains 780 acres, (MTOW) or less that can meet noise representing 3.45% of the City's total land emission levels of Federal Aviation area. Regulation Part 36. In 1999, the Federal Aviation Administration advised MAC that The airport is classified as a General Utility Ordinance 51 may violate MAC's Airport by the Federal Aviation contractual obligation to provide public Administration (FAA) and a Minor airport access to the airport on reasonable terms and by the Metropolitan Council. In 2000, the without unjust discrimination. Minnesota Legislature passed a law prohibiting the MAC from expanding any This Airport Element discusses the City's metropolitan system airport from a Minor to land use policies relating to the airport, an Intermediate classification without including, in particular, currently proposed legislative approval. A Minor airport is airport expansion. The City has entered into defined as an airport with primary runway an agreement with MAC, described herein, not exceeding 5,000 feet in length. that it believes will mitigate the potential adverse environmental consequences of the There are two parallel east/west hard- expansion and promote land use surfaced runways 3,600 feet and 3,900 feet compatibility. in length, and one north/south hard-surfaced runway 2,700 feet in length. Runways are 6.2 LAND USE COMPATIBILITY lighted for night use and use various approach lighting aids. The airport is tower The City intends that land uses surrounding controlled and uses a full instrument the airport be compatible with the airport approach landing system. MAC reported and vice versa. Airport impacts that would 234,475 aircraft operations at the airport in affect land use compatibility include noise 1999 by piston- and turbine-powered and safety. aircraft. Land use to the north of the airport, along Services at the airport consist of aircraft CSAH 1, is mainly Public Open Space and charter, aircraft sales and rental, aircraft Low Density Residential, with some maintenance and storage, and flight training Medium Density Residential and Industrial programs. use. To the south is the Minnesota River Valley,which is Public Open Space. No municipal sanitary sewer or water December 17,2002 6-1 I615 City of Eden Prairie Comprehensive Plan Update To the east of the airport, most of the land are defined within the noise exposure map use is Low Density Residential, and Public for determining land use compatibility. The Open Space, including Homeward Hills noise exposure map is based on MAC's Park. The landfill adjacent to TH 212, Long-Tem Comprehensive Plan approved guided Industrial, is permanently closed and by the Metropolitan Council in1996. now compatible with the airport. • NEZ 1 contains the land within the DNL Land use to the west is generally Low 75+ dBA noise contour. This zone does Density Residential, Church, and Public not apply to Flying Cloud Airport. Open Space to accommodate runway approach zones. To the southwest, land use • NEZ 2 contains the land within the DNL is Office, Medium Density Residential, Low 70-75 dBA noise contour. This zone is Density Residential, and Public Open Space. contained within airport property. The Office use serves as an important land use buffer between the airport and the • NEZ 3 contains the land within the DNL residential uses. 65-70 dBA noise contour. The noise in this zone can be categorized as The MAC proposes to acquire land to the significant. east, west and southwest of the existing airport to accommodate a proposed runway • NEZ 4 contains the land within the DNL expansion plan and to further land use 60-65 dBA noise contour. The City compatibility. The City has revised the Land finds that noise in this zone also can be Use Guide Plan for 2000-2020 to show this considered significant. area guided for Airport use. Figure 6.1 shows the noise zones for the In addition to the aviation functions and Flying Cloud airport and how they overlay facilities at Flying Cloud Airport, seaplane land uses. Eden Prairie has adopted by activities are occurring on Lake Riley and reference the Metropolitan Council's Land Bryant Lake. To the City's knowledge, all Use Compatibility Guidelines for Aircraft seaplane operations are in conformance with Noise for new development. In addition, the the Minnesota Department of Transportation City will notify MAC of any public hearing Rules and Regulations. at which the City will consider amending the Eden Prairie Comprehensive Guide Plan to 6.3 AIRCRAFT NOISE ZONES permit development of residences on any property that is shown in the then-current The Metropolitan Council's Land Use Comprehensive Guide Plan as being Compatibility Guidelines for Aircraft Noise exposed to Airport noise in excess of DNL indicate that a Day-Night Sound Level 60 dBA. (DNL) of 65 dBA represents the threshold of significant impact for noise-sensitive land 6.4 AIRSPACE AND LAND USE uses. The Metropolitan Council also SAFETY ZONES considers noise-sensitive land uses in the DNL 60-65 dBA contour as potentially Formal safety zones for the airport to reflect incompatible with aircraft noise. State standards can be created only by Four aircraft noise exposure zones (NEZ) creation of a zoning authority by MAC or a joint, zoning authority of MAC and Eden December 17,2002 6-2 City of Eden Prairie Comprehensive Plan Update Prairie. The MAC has not created the zoning reviewed based on the airport zoning height authority permitted by state law to control map, as shown in Figure 6.3. Any height development in these areas. Eden Prairie request that may potentially impact the and MAC have been unable to reach an airport height restrictions is submitted to the agreement on a joint zoning authority due to FAA, MnDOT Office of Aeronautics and unresolved liability issues. MAC for their review. The MAC and Eden Prairie nevertheless use 6.5 PROPOSED EXPANSION OF the safety zones for planning purposes. FLYING CLOUD AIRPORT Figure 6.2 shows the boundaries of the safety zones for the existing airport. The MAC is proposing to expand Flying Safety zone A is a "no build" zone. It is Cloud Airport by extending the two parallel • runways and constructing additional hangar • two-thirds the length of the runway and space. Runway 9L/27R would be extended is to be maintained free of structures. from 3,600 feet to 3,900 feet, and Runway • Safetyzone B is a "limited 9R127L would be extended from 3,900 feet to 5,000 feet. MAC proposes to acquire a development" zone. It is one-third the total of 280 acres to protect the expanded length of the runway and the minimum runway approach safety zone area and to lot size is to be three acres. accommodate the additional hangar space. The MAC has already acquired much of this • Safety zone C is a "height limitation" property. MAC predicted in August 2001 zone. It is based on the primary, that 302,982 aircraft operations would occur horizontal, approach, transition, and in 2010 if the proposed improvements were conical zones as shown in the airport made. Figure 6.4 shows the proposed zoning height map. expanded airport. The MAC and Eden Prairie have taken City policy supports only those changes in several steps to ensure the safe operation of the airport that would retain the airport's the Airport consistent with these state fundamental character. Without mitigation, standards. MAC is acquiring the property extending the runways, building new potentially impacted by safety zones A and hangars, and abandoning the weight limit for B to maintain clear approach corridors to the turbojet aircraft would be a fundamental airport. The City works with FAA and change in the character of the airport. Minnesota Department of Transportation guidelines to protect safety zone C, The City and MAC have executed a Final including all primary, horizontal, conical Agreement Concerning Flying Cloud approach, transitional, and general airspace Airport And MAC Ordinance No. 51 from vertical intrusions by reviewing (December 17, 2002). The City finds that development proposals for consistency with the commitments contained in the Final FAA and MnDOT Office of Aeronautics Agreement will mitigate the potential airspace criteria. The City's zoning adverse environmental consequences of the ordinance contains height limits ranging expansion and maintain the character of the between 30 and 45 feet, depending on the airport. On this basis, the City withdrew its zoning district. Towers and antennas may opposition to the proposed airport be higher. All development proposals are expansion. December 17,2002 6-3 I"nn 1- City of Eden Prairie Comprehensive Plan Update The mandatory and voluntary restrictions set exposed to Airport noise in excess of DNL forth in the Final Agreement include: 60 dBA. Aircraft Noise: The City supports the 1. Mandatory restrictions on nighttime Metropolitan Council's Land Use maintenance run-ups, and operation by Compatibility Guidelines for Aircraft Noise aircraft wei•hing more than 60,000 pounds for new development. The City will work certified maximum gross take off weight. toward minimizing the impact of aircraft 2. Commitments by MAC not to increase noise upon noise-sensitive land uses by the pavement strength, increase the runway encouraging and supporting noise abatement length, or seek a certificate to accommodate programs for the airport. As part of the commercial passenger service at the airport. Final Agreement, MAC will develop a methodology agreed upon by MAC and the 3. Development of a sound insulation City, to determine existing exterior to program to test, and insulate where interior noise reduction level. In the event a appropriate, residences exposed to noise in residence has an exterior to interior noise excess of DNL 60 dBA. attenuation of less the 20dBA, MAC shall provide sound insulation to achieve a noise 4. Adoption by MAC of a voluntary reduction of at least 20dBA. No residence for which building permits were issued on or restraint on nighttime operations and after December 4, 2001 shall be eligible to recommendations for reducing the noise of receive testing or sound insulation. early morning departures. 5. Adoption by MAC of a voluntary Safety Issues: The City will work within restraint on operations by Stage 2 aircraft existing FAA and MAC guidelines to and a commitment to pursue a ban on all protect all primary, horizontal, conical Stage 2 aircraft if operations exceed a approach, transitional, and general airspace from vertical intrusions by reviewing specific limit. development proposals based on meeting FAA and MnDOT Office of Aeronautics 6.6 IMPLEMENTATION airspace criteria. The City will notify the STRATEGIES FAA, MnDOT Office of Aeronautics and MAC of any development proposals that Land Use Compatibility: The City will may involve review of FAA and MnDOT promote land use compatibility for lands Office of Aeronautics airspace criteria. Any surrounding Flying Cloud Airport by sponsor who proposes any construction or reviewing all proposed development in areas alteration that would exceed a height of 200 surrounding the airport for consistency with feet above ground level at the site, or any the airport and by periodically reviewing its construction or alteration of greater height land use plans and policies. Eden Prairie than an imaginary surface extending upward shall notify MAC of any public hearing at and outward at a slope of 100:1 from the which Eden Prairie will consider amending nearest point of the nearest runway of a the Eden Prairie Comprehensive Guide Plan public airport shall notify the Commissioner to permit development of residences on any of MnDOT Office of Aeronautics. property that is shown in the then-current Comprehensive Guide Plan as being Municipal Sanitary Sewer and Water Service: It is anticipated that municipal December 17,2002 6-4 19 City of Eden Prairie Comprehensive PIan Update sanitary sewer and water will be extended to Framework would include guidelines for the airport in 2003. architectural continuity for new building and hangar construction,including guidelines for Heliports: No heliports exist in the City. It signs, lighting,and screening of trash areas. is anticipated that if any heliport planning or The City will support landscaping construction occurs in the City, it will take improvements on airport property to help place at Flying Cloud Airport. mitigate noise and visual impacts to neighboring properties. The City will Design Issues: The City will seek to work encourage the MAC to eliminate or replace with the MAC to establish and implement a deteriorating first generation hangar Design Framework Manual for new buildings. development at Flying Cloud Airport. The December 17,2002 6-5 199 City of Eden Prairie Comprehensive PIan Update Source: City of Eden Prairie, Draft Chanson AUAR. Federal Aviation Administration and Metropolitan Airports Commission, Draft EIS for Expansion of Flying Cloud Airport(Dec. 1999). FAA and MAC, Supplement to the Draft EIS (Aug. 2001). Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the • City of Eden Prairie, Minnesota and the Metropolitan Airports Commission(December 2002). • December 17,2002 6-6 71130 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Dec17,2002 -SERVICE AREA/DIVISION:- ITEM DESCRIPTION:_ ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 115731-116198 Wire Transfers 1659,1661-1662,1664-1671,1673-1675, and 1677-1678 Background Information Attachments City of Eden Prairie Council Check Summary 12/17/2002 Division Amount General 646,113 101 Legislative 200 102 Legal Counsel 40,405 110 City Clerk 13,585 111 Customer Service 5,726 112 Human Resources 939 114 Benefits&Training 2,339 115 Risk Management 98 116 Facilities 6,605 130 Assessing 349 131 Finance 452 132 Housing,Trans,Social Service 2,500 133 Community Development 608 135 Information Technology 22,116 136 Wireless Communication 5,943 151 Park Maintenance 49,667 153 Athletic Programs 1,056 154 Community Center 9,399 155 Beaches 255 156 Youth Programs 2,600 • 157 Special Events 2,575 158 Senior Center 11,576 159 Recreation Administration 731 160 Adaptive Recreation 467 161 Oak Point Pool 289 162 Arts 96 163 Park Facilities 1,305 180 Police 1,276 183 Civil Defense 26 184 Fire 3,552 185 Animal Control 270 200 Engineering 222 201 Street Maintenance 6,335 203 Fleet Services 28,369 301 CDBG 11,618 302 HRA Fund 400 303 Cemetary Operation 375 311 Grant Fund 1,649 314 Liquor Compliance 91 409 Improvement Bonds 1998A 500,000 416 Certificate Debt Fund 220,700 417 $3,390,000 Facility Bond 2000 246,125 502 Park Development 164,254 503 Utility Improvement 3,535 506 Improvment Bonds 1996 271,203 507 Construction Fund 503 509 CIP Fund 1,532,617 511 Construction Fund 109,129 601 Prairie Village Liquor 85,612 602 Den Road Liquor 165,204 603 Prairie View Liquor 99,068 701 Water Fund 76,552 702 Sewer Fund 175,868 703 Storm Drainage Fund 36,792 803 Escrow Fund 142,876 Report Totals 4,712,216 City of Eden Prairie Council Check Register 12/17/2002 Check# Amount Vendor/Explanation Account Description Business Unit 1659 115,250 WELLS FARGO MINNESOTA NA Employers SS&Medicare General Fund 1661 9,239 ICMA RETIREMENTTRUST-457 Deferred Compensation - General Fund 1662 14,765 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1664 4,475 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1665 2,559 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1666 1,115 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1667 22,283 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1668 63,674 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1669 65,113 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1670 500,000 US BANK TRUST NATIONAL ASSN Interest Improvement Bonds 1998A 1671 246,125 NATIONAL CITY BANK Interest $3,390,000 Facility Bond 2000 1673 220,700 ANCHOR BANK Interest $1,000,000 G.O.Bonds-2002A 1674 123,289 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1675 9,134 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1677 24,072 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1678 14,135 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 115731 200 AFFOLTER,DONALD Wages No Benefits Elections 115732 85 AMELL,ADRIANNE Wages No Benefits Elections 115733 85 ARMEL,LEEMONA Wages No Benefits Elections . 115734 111 ASTRY,BRIAN. Wages No Benefits Elections 115735 75 ATHMANN,JACOB Wages No Benefits Elections 115736 60 BALFANZ,GREGORY Wages No Benefits Elections . 115737 89 BALFANZ,KATIE Wages No Benefits Elections 115738 125 BALLOU,LINDA Wages No Benefits Elections 115739 75 BAXTER,STUART Wages No Benefits Elections 115740 94 BLACKARD,LOUISE Wages No Benefits Elections 115741 98 BRENNER,KATHRYN Wages No Benefits Elections 115742 102 BURKHARDT,LORI Wages No Benefits Elections 115743 162 BYERS,JOYCE Wages No Benefits Elections 115744 108 CANAKES,EILEEN Wages No Benefits Elections 115745 75 CLIFFORD,ANN Wages No Benefits Elections 115746 162 COURT,ARNOLD Wages No Benefits Elections • 115747 136 DANIEL,DORIS M. Wages No Benefits Elections 115748 85 DODD,HELEN Wages No Benefits Elections 115749 75 DODDS,BRADLEY Wages No Benefits Elections 115750 132 DORR,GRETCHEN Wages No Benefits Elections 115751 106 DORR,NATE Wages No Benefits Elections 115752 62 DOWNING,BRENNA Wages No Benefits Elections 115753 185 DREYER,HAROLD Wages No Benefits Elections 115754 89 DWYER,ROSALEE Wages No Benefits Elections 115755 102 ENGEL,CYNTHIA A. Wages No Benefits Elections 115756 81 FRISVOLD,CHERI Wages No Benefits Elections 115757 75 GADEL,CAITLIN Wages No Benefits Elections 115758 75 GOLD,KHURREM Wages No Benefits Elections 115759 75 GRIFFIN,SARA Wages No Benefits Elections 115760 71 GRINDAL,KARL Wages No Benefits Elections 115761 174 GROTH,MAUREEN Wages No Benefits Elections 115762 251 HAMMOND,KARA Wages No Benefits Elections 115763 89 HANSON,KATHERINE Wages No Benefits Elections 115764 89 HEINRICH,JACQUELINE Wages No Benefits Elections 115765 71 HIMMELMAN-CHRISTOPHER,HANNAH Wages No Benefits Elections 115766 138 HOFFMAN,DEBRA Wages No Benefits Elections 115767 68 HOFSTEDT,CARLY Wages No Benefits Elections 115768 140 HROMI,CYNTHIA Wages No Benefits Elections 115769 60 INMAN,MALLORY Wages No Benefits Elections 115770 157 JUSTUS,GORDON Wages No Benefits Elections 115771 191 KAMMER,SUZAN • Wages No Benefits Elections 115772 151 KEMBLE,JAMES W Wages No Benefits Elections 115773 ' 75 KIMITCH,BENJAMIN Wages No Benefits Elections 115774 75 KLEINERT,ANN Wages No Benefits Elections 115775 115 KRAUSE,DOLORES Wages No Benefits Elections 115776 75 KREMER,REED Wages No Benefits Elections 115777 166 KRUEGER,MARK Wages No Benefits Elections 115778 176 KUCH,BONNIE VEVERKA Wages No Benefits Elections 115779 185 LAFRENZ,MARY Wages No Benefits Elections 115780 119 LANTIGUA,LUIS Wages No Benefits Elections 115781 75 LARSON,BEN Wages No Benefits Elections 115782 75 LARSON,ELIZABETH Wages No Benefits Elections 115783 75 LAURENT,EMILIE Wages No Benefits Elections 115784 75 LEU,COLIN Wages No Benefits Elections 115785 98 LUNDQUIST,JOHN Wages No Benefits Elections 115786 68 MAHNERD,BETTY LOU Wages No Benefits Elections 115787 75 MARTIN,BRIANNA Wages No Benefits Elections 115788 75 MCCULLOUGH,AJA Wages No Benefits Elections 115789 60 MCMAHON,JAMES Wages No Benefits Elections 115790 179 MEISSNER,LOIS A. Wages No Benefits Elections 115791 75 MESSER,MICHELLE Wages No Benefits Elections 115792 102 MEUWISSEN,ANDREW Wages No Benefits Elections 115793 120 MICHAEL,ALEXANDRA Wages No Benefits Elections 115794 306 MILLBERG,CHUCK Wages No Benefits Elections 115795 185 MILLER,JAMES W. Wages No Benefits Elections 115796 75 MOOTY,ALICIA Wages No Benefits Elections O3 City of Eden Prairie Council Check Register 12/1712002 Check# Amount Vendor/Explanation Account Description Business Unit 115797 75 MORGAN,NICHOLAS Wages No Benefits Elections 115798 162 MOSER,BERNADINE _ — Wages No Benefits -- Elections 115799 234 NESS,MARY D. Wages No Benefits Elections 115800 170 O'LEARY,JOAN Wages No Benefits Elections 115801 68 OSEKOWSKY,AMY Wages No Benefits Elections 115802 121 OSTERGAARD,JANE Wages No Benefits Elections 115803 179 OWINGS,DENNIS Wages No Benefits Elections 115804 75 PAYNE,RACHEL Wages No Benefits Elections 115805 89 PEARSON,GEORGE H. Wages No Benefits Elections 115806 108 PRATT,SUSAN L. Wages No Benefits Elections 115807 181 RABUSE,JOHN Wages No Benefits Elections 115808 89 REBHOLZ,CAROLYN F. Wages No Benefits Elections 115809 75 ROOT,SIMON Wages No Benefits Elections 115810 115 ROSE,KYLE Wages No Benefits Elections 115811 100 RUMFORD,JOAN Wages No Benefits Elections 115812 102 SAEFKE,CAROL Wages No Benefits Elections 115813 179 SAUDER,DELORES Wages No Benefits Elections 115814 270 SCHNEIDER,JAN Wages No Benefits Elections 115815 162 SCHULTZ,HERBERT Wages No Benefits Elections 115816 94 SCHWANKL,RICHARD Wages No Benefits Elections 115817 75 SEEBECK JR.,ERIC Wages No Benefits Elections 115818 125 SEEBECK,KATHY Wages No Benefits Elections 115819 71 SENS,JOHN Wages No Benefits Elections 115820 181 SHEA,NOELLA Wages No Benefits Elections 115821 157 SHEA,STEPHEN Wages No Benefits Elections 115822 153 SLATOR,PATRICK Wages No Benefits Elections 115823 75 STADEM,AMY Wages No Benefits Elections 115824 102 STANTON,LORRAINE Wages No Benefits Elections 115825 89 STARK MARY JO Wages No Benefits Elections 115826 179 STEWART,SUSAN Wages No Benefits Elections 115827 106 SUNDELL,PAUL Wages No Benefits Elections 115828 98 SWAIM,GREG Wages No Benefits Elections 115829 75 TAKETA,LAURA Wages No Benefits Elections 115830 72 THIELMAN,JEFF Wages No Benefits Elections 115831 89 TYNER,JOSEPH Wages No Benefits Elections 115832 185 WAGNER,EVELYN Wages No Benefits Elections 115833 101 WALZ,THOMAS M. Wages No Benefits Elections 115834 75 WATTERS,MOLLY Wages No Benefits Elections 115835 68 WEAVER,LAUREN Wages No Benefits Elections 115836 121 WEINGARTNER,BETTY Wages No Benefits Elections 115837 100 WHITING,THERESA Wages No Benefits Elections 115838 102 WISSNER,BASIL Wages No Benefits • Elections 115839 162 WISSNER,MARY JANE Wages No Benefits Elections 115840 149 WITTICH,JANE Wages No Benefits Elections 115841 172 ZIEMER,BARBARA Wages No Benefits Elections 115842 119 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 115843 578 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 115844 102 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 115845 222 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 115846 4,421 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 115847 9,871 DAY DISTRIBUTING Beer Prairie Village Liquor Store 115848 10,463 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 115849 7,538 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 115850 288 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 115851 210 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 115852 612 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 115853 10,138 GRIGGS COOPER&CO Misc Non-Taxable Prairie Village Liquor Store 115854 180 HOHENSTEINS INC Beer Den Road Liquor Store 115856 18,583 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 115857 1,623 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 115858 10,172 MARK VII Beer Den Road Liquor Store 115859 252 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 115860 196 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 115861 1,430 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 115862 9 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 115863 9,599 PHILLIPS WINE AND SPIRITS INC Liqudr Prairie Village Liquor Store 115864 792 PINNACLE DISTRIBUTING Tobacco Products Prairie Village Liquor Store 115865 2,421 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 115866 14,164 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 115867 26,509 THORPE DISTRIBUTING Beer Den Road Liquor Store 115868 216 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 115869 1,051 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 115870 166 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 115871 170 AUGSBURG COLLEGE OF THE THIRD Instructor Service Senior Center Program 115872 175 BADER,ADRIENNE Outdoor Center Park Facilities 115873 96 BCA CJIS ID UNIT Other Contracted Services Finance 115874 120 BOLD.PAULINE Instructor Service Outdoor Center 115875 45 CLAUSEN,JENNIFER Other Contracted Services Cummins House Special Events 115876 203 CUB FOODS EDEN PRAIRIE Deposits Escrow 115877 180 KING.MARION Instructor Service Senior Center Program 115878 93 KRESS,CARLA Mileage&Parking Adaptive Recreation 115879 67 LIMBERG,KRISTY Operating Supplies Arts Initiative City of Eden Prairie Council Check Register 12/17/2002 Check# Amount Vendor/Explanation Account Description Business Unit 115880 62 MANN.TRIA Mileage&Parking Special Events Administration 115881_ 13 MCNEA,LOIS - _ Program Fee — Senior Center Program 115882 171,970 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 115883 300 MINNESOTA DEPT OF REVENUE Prepaid Expenses General Fund 115884 85 OTrEN,DAN Travel Expense In Service Training 115885 21 PARKER,WARD Operating Supplies Fire 115886 581 REBS MARKETING Other Contracted Services Water Accounting 115887 30 TOURVILLE,RUTH Instructor Service Senior Center Program 115888 11 UNITED PARCEL SERVICE Postage General 115889 300 US POSTMASTER-HOPKINS Prepaid Expenses General Fund 115890 320 AMERICAN RED CROSS Recreation Supplies Pool Lessons 115891 414 APT,JOE Instructor Service Senior Center Program 115892 692 ASPEN EQUIPMENT CO. Other Rentals Park Maintenance 115893 134 BAGELMAN'S NEWYORK BAKERY Miscellaneous General Facilities 115894 140 BAGELMAN'S NEWYORK BAKERY Miscellaneous General Facilities 115895 129 CM! Tuition Reimbursement/School Police 115896 18 DISH NETWORK Cable TV Ice Arena 115897 119,900 DOMINIUM DEV.&ACQUISITION LL Deposits Escrow 115898 20 FEDERAL BUREAU OF INVESTIGATIO Tuition Reimbursement/School Police 115899 182 HENNEPIN COUNTY Waste Disposal Park Maintenance 115900 22 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 115901 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 115902 6,258 MARSHALL FIELD'S Capital Under$2,000 Furniture 115903 200 MCCORMICK,CAROL Other Contracted Services Cummins House Special Events 115904 161,459 MEDICA CHOICE Medical Bills Prepaid General Fund 115905 1,224 MEDICINE LAKE TOURS Special Event Fees Senior Center Program 115906 297 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund • 115907 260 MINNESOTA PRINT MANAGEMENT LLC Printing Finance 115908 100 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water Utility-General 115909 60 MSANI Prepaid Expenses General Fund 115910 90 POST BOARD Dues&Subscriptions Police 115911 80 PROFESSIONAL DRIVER TRAINING I Other Contracted Services Senior Center Program 115912 5,139 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 115913 180 QWEST Telephone Telephone 115914 92 RADISSON HOTEL ST.CLOUD Prepaid Expenses General Fund 115915 2,811 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 115916 370 TARGET CENTER Special Event Fees Preschool Events 115917 90 VOLUNTEER FIREFIGHTERS BENEFIT Prepaid Expenses General Fund 115918 80 WALMART COMMUNITY Operating Supplies Cummins House Special Events 115919 308 WILDER,LOIS Instructor Service Senior Center Administration 115920 3,513 XCEL ENERGY Electric Water Treatment Plant 115921 642 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 115922 108 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 115923 72 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 115924 2,904 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 115925 3,314 DAY DISTRIBUTING Beer Den Road Liquor Store 115926 1,115 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 115927 8,497 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 115928 128 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 115929 321 FINE WINES FROM EUROPE Wine Imported Prairie Village Liquor Store 115930 1,166 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 115931 11,516 GRIGGS COOPER&CO Liquor Den Road Liquor Store 115933 14,888 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 115934 1,290 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 115935 5,757 MARK VII Beer Den Road Liquor Store 115936 422 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 115937 170 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 115938 5,410 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 115939 825.PEPSI COLA COMPANY Merchandise for Resale Concessions 115940 8,684 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 115941 717 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 115942 2,751 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 115943 8,417 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 115944 9,069 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 115945 1,005 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 115946 6,104 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 115947 618 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 115948 1,349 ANCHOR PAPER COMPANY Office Supplies General 115949 32 ANDERSON,BETTY J Wages No Benefits Elections 115950 96 BCA CJIS ID UNIT Other Contracted Services Finance 115951 100 CHANHASSEN DINNER THEATRE Prepaid Expenses General Fund 115952 36 CULLIGAN BOTTLED WATER Operating Supplies Fire 115953 1,328 ELAN FINANCIAL SERVICES Computers Information Technology 115954 16 GOVERNING Prepaid Expenses General Fund 115955 950 GOVERNMENT TRAINING SERVICE Conference Expense In Service Training 115956 40,612 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecetion 115957 180 KING,MARION Instructor Service Senior Center Program 115958 880 MITCHELL,JULIE Other Contracted Services Police 115959 17 SHEA,STEPHEN Wages No Benefits Elections 115960 9,875 TRENDY&SONS CONSTRUCTION Other Contracted Services 2000 Rehab 115961 290 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 115962 320 WELLS,MARIANNE Instructor Service Senior Center Program City of Eden Prairie Council Check Register 12/17/2002 Check# Amount Vendor/Explanation Account Description Business Unit 115963 1,982 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 115964 34-XCEL ENERGY- -- Electric - -- Miller Park- 115965 400 WINDSOR AT EDEN PLACE Hope Loan Receivable Hope Loan Damage Deposit 115966 166 AMUNDSON,JUDITH ANN Cash Over/Short General Fund 115967 80 BARNES,BELINDA A Other Contracted Services Volleyball 115968 20,000 BF HOLDING COMPANY Deposits Escrow 115969 150 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 115970 2,156 CLASSIC GYMNASTICS Instructor Service Fall Skill Development 115971 300 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 115972 21,119 F.F.JEDLICKI INC Improvement Contracts Charlson Area Construction 115973 418 G.M CONTRACTING Deposits Escrow 115974 240 HOLMES,TOM Other Contracted Services Volleyball 115975 295 JOHN HENRY MASONRY Deposits Escrow 115976 200 KEATING,MARY Mileage&Parking Community Development 115977 75 MINNESOTA RURAL WATER ASSOCIAT Conference Expense In Service Training 115978 120 NEUMANN,NEAL Other Contracted Services Softball 115979 247 NICHOLSON,KATHLYN M. Wages No Benefits Elections 115980 260 RAY,DAVID M. Other Contracted Services Basketball • 115981 276 RAY,LEE Other Contracted Services Basketball 115982 840 ROTTLUND CO Deposits Escrow 115983 223 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 115984 80 UPENS,IVARS G. Other Contracted Services Volleyball 115985 3,223 WILLIAMS PIPE LINE COMPANY Other Contracted Services Improvement Projects 1996 115986 9,870 XCEL ENERGY Other Contracted Services Construction Fund 115987 135 AMUNDSON,JUDITH ANN Kennel Services Animal Control 115988 115 DANIEL,THOMAS C Wages No Benefits Elections 115989 29 JAMES,JOHN Lessons&Classes Ice Arena 115990 31 METRO GENERAL SERVICES Cash Over/Short General Fund 115991 313 PETTY CASH Mileage&Parking Therapeutic Recreation 115992 8 RICHTER,KIRBY Lessons&Classes Oak Point Lessons 115993 130 STATE OF MINNESOTA Licenses&Taxes Fleet Services 115994 135 WERTS,SANDY Mileage&Parking Senior Center Administration 115995 260 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 115996 2,697 ARCH PAGING Pager&Cell Phone Wireless Communication 115997 165 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 115998 729 BARTON SAND&GRAVEL CO Gravel Street Maintenance 116000 1,668 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 116001 500 COMMISSIONER OF TRANSPORTATION Prepaid Expenses General Fund 116002 208 ECOLAB INC Building Repair&Maint. Maintenance 116003 16 GOVERNING Prepaid Expenses General Fund 116004 20 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 116005 5,798 KMC TELECOM HOLDINGS INC. Telephone Telephone 116006 33 KRAEMERS HARDWARE INC Operating Supplies Civil Defense 116007 395 LEWELLYN TECHNOLOGY INC Prepaid Expenses General Fund 116008 193 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 116009 98 METHODIST HOSPITAL Other Contracted Services Risk Management 116010 659 MILLARD,CHRIS Tuition Reimbursement/School In Service Training 116011 128 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 116012 183 PETTY CASH-POLICE DEPT Postage General 116013 40 QUICKSILVER EXPRESS COURIER Postage General 116014 2,706 QWEST Telephone Miller Park 116015 200 SENSIBLE LAND USE COALITION Prepaid Expenses General Fund 116016 58 UNITED RENTALS HIGHWAY TECHNOL Prepaid Expenses General Fund 116017 75 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 116018 48 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 116019 74 WEEDMAN,NICOLE Recreation Supplies Youth Programs Administration • 116020 33 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 116021 300 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 116022 88 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 116023 183 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 116024 4,015 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 116025 5,639 DAY DISTRIBUTING Beer Den Road Liquor Store 116026 3,560 EAGLE WINE COMPANY Transportation Den Road Liquor Store 116027 11,694 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 116028 2,341 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 116029 11,819 GRIGGS COOPER&CO Liquor Den Road Liquor Store 116031 31,287 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 116032 1,690 LAKE REGION VENDING Tobacco Products Prairie Village Liquor Store 116033 6,172 MARK VII Beer Den Road Liquor Store 116034 401 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 116035 2,816 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 116036 212 PEPSI COLA COMPANY Misc Taxable Den Road-Liquor Store 116037 6,933 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 116038 335 PINNACLE DISTRIBUTING Misc Non Taxable Prairie View Liquor Store 116039 2,454 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 116040 12,845 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 116041 10,718 THORPE DISTRIBUTING Beer Den Road Liquor Store 116042 868 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 116043 403 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store 116044 376 WINE COMPANY,THE Wine Imported Den Road Liquor Store 116045 991 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 116046 2,148 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store City of Eden Prairie Council Check Register 12/17/2002 Check X Amount Vendor I Explanation Account Description Business Unit 116047 948 AMBERDEPOT INC Recreation Supplies Outdoor Center 116048 -400 DAKOTA COUNTY SHERIFFS DEPT - - Deposits Escrow 116049 183 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 116050 1,318 FISHER,PAUL Other Contracted Services 2000 Rehab 116051 134 FREY,LYNDELL Mileage&Parking Community Center Admin 116052 625 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 116053 150 MFSCB Employment Support Test Fire 116054 40 MINNESOTA HISTORICAL SOCIETY Special Event Fees Senior Center Program 116055 772 NILSSON,BETH Instructor Service Ice Arena 116056 1,438 PORTRAIT&EVENT IMAGING INC. Other Contracted Services Santa Flies into Eden Prairie 116057 168 PRAIRIE PARTNERS SIX LLP AR Utility Water Enterprise Fund 116058 731 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 116059 35,420 WHITE BUFFALO INC Other Contracted Services Deer Consultant 116060 78 WHITSITT,TANYA Employee Award Human Resources 116061 400 WONDERWEAVERS Other Contracted Services Santa Flies into Eden Prairie 116062 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 116063 • 2,138 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 116064 506 A TO Z RENTAL CENTER Other Rentals Elections 116065 503 ADOLPHKIEFER Operating Supplies Oak Point Operations 116066 650 ANCHOR PRINTING COMPANY Printing Cummins House Special Events 116067 1,050 ANOKA HENNEPIN TECHNICAL COLLE Tuition Reimbursement/School Fire 116068 959 AOI ELECTRICAL INC Capital Under$2,000 Fleet Services 116069 37 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 116070 76 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 116071 1,835 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 116072 573 BDH&YOUNG Improvements to Land Capital Impr./Maint.Fund 116073 333 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 116074 233 BIFFS INC Waste Disposal Park Maintenance 116075 2,920 BIG STEER MEATS Other Contracted Services Deer Consultant 116076 85 BITSTREAM UNDERGROUND Other Contracted Services Airport 116077 - 1,611 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 116078 964 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 116079 4,123 BRAUN INTERTEC CORPORATION Testing-Soil Boring Storm Drainage Projects 116080 167 BRO-TEX INC Equipment Parts Fleet Services 116081 35 BROADWAY AWARDS Recreation Supplies Senior Center Program 116082 1,049 BURTON EQUIPMENT INC Capital Under$2,000 Water Treatment Plant ' 116083 549 BUSINESS PRODUCTS EXPRESS Office Supplies Water Utility-General 116084 985 CAPITOL COMMUNICATIONS Capital Under$2,000 Wireless Communication 116085 495 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services . 116086 517 CEMSTONE Repair&Maint.Supplies Storm Drainage 116087 673 CENTRAIRE INC Equipment Repair&Maint Prairie Village Liquor Store 116088 821 CORPORATE EXPRESS Office Supplies General 116089 67 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 116090 1,683 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 116091 155 D'AMICO AND SONS Miscellaneous Elections 116092 246 DALCO Cleaning Supplies Maintenance 116093 620 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 116094 20,061 DELANO ERICKSON ARCHITECTS Building Capital Impr.I Maint.Fund 116095 70 DIESEL INJECTION SERVICE INC Equipment Parts Fleet Services 116096 375 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetery 116097 150,962 DMJ CORPORATION Improvements to Land Park Acquisition&Development 116098 7,996 DRT TRANSPORT Other Contracted Services Lime Sludge 116099 1,558 EARL F ANDERSEN INC Signs Traffic Signs 116100 140 EDINA FIRE DEPARTMENT Tuition Reimbursement/School Fire 116101 1,515,926 EDINA,CITY OF Building Capital Impr./Maint.Fund 116102 • 2,132 EF JOHNSON Equipment Repair&Maint Wireless Communication 116103 21,613 F.F.JEDLICKI INC Other Contracted Services Storm Drainage 116104 678 FERRELLGAS Motor Fuels Ice Arena 116105 17 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 116106 2,879 FINLEY BROS INC Other Assets Park Acquisition&Development 116107 69 FRANKLIN COVEY CO. Office Supplies General 116108 1,267 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 116109 382 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena 116110 2,175 GUNNAR ELECTRIC CO INC Other Contracted Services Red Rock Lake Access 116111 618 GWS INC Clothing&Uniforms Prairie View Liquor Store 116112 211 HACH COMPANY Equipment Parts Water Treatment Plant 116113 14,870 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 116114 17,359 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 116115 3,575 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 116116 314 HENNEPIN COUNTY VT DEPT Software Maintenance Information Technology 116117 408 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 116118 6,262 HOUSE OF PRINT Printing Community Brochure City of Eden Prairie Council Check Register 12/17/2002 Check# Amount Vendor/Explanation Account Description Business Unit 116119 177 ICERINK SUPPLY CO Equipment Repair&Maint Ice Arena 116120 1,725 IND SCHOOL DIST272 Special Event Fees SeniorCenter Program 116121 166 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies WaterTreatment Plant 116122 150 INFRATECH Other Contracted Services Sewer System Maintenance 116123 48,430 INGRAM EXCAVATING INC Improvement Contracts Charlson Area Construction 116124 434 J H LARSON ELECTRICAL COMPANY Operating Supplies Traffic Signals 116125 451 J J KELLER&ASSOCIATES INC Prepaid Expenses Sewer Fund 116126 1,123 JAMB(INC Cleaning Supplies Maintenance 116127 382 JAYPRO SPORTS INC Operating Supplies Park Acquisition&Development 116128 385 KELLER FENCE COMPANY INC Other Contracted Services Water Treatment Plant 116129 1,559 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Storm Drainage Projects 116130 56 KRAEMERS HARDWARE INC Small Tools Sewer System Maintenance 116131 5,58E LANDFORM ENGINEERING COMPANY Improvements to Land Capital Impr./Maint.Fund 116132 93 LANO EQUIPMENT INC Equipment Parts Fleet Services 116133 280 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 116134 22,227 LOOTS LOGIS Information Technology 116135 72 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 116136 700 MARTIN-MCALLISTER Employment Support Test Human Resources 116137 672 MENARDS Operating Supplies Street Maintenance 116138 196 METRO CONCRETE RAISING INC Other Contracted Services Storm Drainage 116139 400 MFSCB Employment Support Test Fire 116140 625 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 116141 50 MINN BLUE DIGITAL Operating Supplies Engineering 116142 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 116143 157 MINNESOTA CONWAY Operating Supplies Fire 116144 1,998 MINNESOTA GREEN LANDSCAPING IN Other Contracted Services Improvement Projects 1996 116145 347 MINNESOTA VALLEY ELECTRIC COOP Other Contracted Services Richard T.Anderson Cons.Area 116146 396 MINNESOTA VALVE&FITTING CO. Repair&Maint.Supplies Water Treatment Plant 116147 15 MN DEPT.OF LABOR AND INDUSTRY Prepaid Expenses Water Enterprise Fund 116148 6,615 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 116149 1,649 NATIONAL CAMERA EXCHANGE&VID Capital Under$2,000 Police Grant 116150 29,688 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Charlson Area Construction 116151 34 NORTHERN TOOL&EQUIPMENT CO. Operating Supplies Street Maintenance 116152 392 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 116153 105 OLSEN COMPANIES Small Tools Sewer System Maintenance 116154 249 OSI BATTERIES INC Operating Supplies Traffic Signs 116155 78 PAPER DIRECT INC Office Supplies General 116156 22 PAPER WAREHOUSE Operating Supplies Senior Center Program 116157 557 PMI COMPUTER SUPPLIES Other Hardware Information Technology 116158 46 POWERPLAN Equipment Parts Fleet Services 116159 12,922 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Ice Arena 116160 349 PRAIRIE OFFSET PRINTING Printing Assessing 116161 75 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 116162 65 RAINBOW FOODS INC. Operating Supplies Senior Center Program 116163 302 RCM&ASSOCIATES Small Tools Fleet Services 116164 14 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 116165 34,943 RMR SERVICES INC Other Contracted Services Water Meter Repair 116166 2,465 RUMPCA CO INC Waste Disposal Tree Removal 116167 857 SAVOIE SUPPLY CO INC Lubricants&Additives Fleet Services 116168 64 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 116169 42,613 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 116170 50,847 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 116171 160,324 SM HENTGES&SONS INC Improvement Contracts Improvement Projects 1996 116172 262 SNAP-ON TOOLS Small Tools Fleet Services 116173 95 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 116174 1,975 SRW TECHNOLOGIES Other Assets Information Technology 116175 49 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 116176 159 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 116177 26 STERLING FENCE INC Operating Supplies Park Maintenance 116178 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 116179 539 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 116180 121 SUBURBAN PROPANE Lubricants&Additives Fleet Services 116181 326 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 116182 3,535 SUMMIT ENVIROSOLUTIONS Design&Engineering Utility Improvement Fund 116183 1,166 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 116184 620 THYSSENKRUPP ELEVATOR Prepaid Expenses Water Enterprise Fund 116185 767 TIERNEY BROS INC Signs Traffic Signs 116186 746 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 116187 291 UNIFORMS UNLIMITED Clothing&Uniforms Fire 116188 121 UNITED RENTALS HIGHWAY TECHNOL Operating Supplies Traffic Signs 116189 150 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 116190 801 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 116191 201 VOSS LIGHTING Repair&Maint.Supplies Maintenance 116192 76 W W GRAINGER Equipment Parts Fleet Services 116193 2,518 WATSON CO INC,THE Merchandise for Resale Concessions 116194 169 WEST WELD Equipment Parts Fleet Services 116195 71 WISSOTA MANUFACTURING CO Operating Supplies Concessions 116196 447 X ERGON Repair&Maint.Supplies Water Treatment Plant 116197 511 ZEP MANUFACTURING CO Equipment Parts Fleet Services 116198 2,477 ZIEGLER INC Small Tools Fleet Services 4,712,216 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions December 17,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. City Attorney Flying Cloud Airport Requested Actions: Adopt Resolution approving Final Agreement between City of Eden Prairie and Metropolitan Airports Commission. Adopt Resolution Repealing Resolutions 88-299 and 92-124; and Adopt Resolution Adopting Chapter 6 - Airport Element and Amendments to the Aviation Goals Section of Chapter 2 of the 2002 Comprehensive Guide Plan Update. Synopsis: The City and MAC have been negotiating the terms of an agreement (the Final Agreement)respecting the expansion of the Flying Cloud Airport. The Final Agreement allows the expansion to proceed subject to mandatory and voluntary restrictions upon operations. The Final Agreement requires the amendment of Ordinance 51, the imposition of mandatory and voluntary restrictions upon airport operations and remedies for violation or breach of the agreement. The Final Agreement is contingent upon MAC adopting an amendment to Ordinance 51 and Eden Prairie repealing Resolution 88-299 and Resolution 92-124 and amending the City Comprehensive Guide Plan chapter regarding the Airport. Background: Representatives of the City and MAC negotiated a Memorandum of Understanding (MOU) which was adopted by both the Metropolitan Airports Commission and the City Council. Pursuant to the MOU the parties negotiated the terms of a Final Agreement regarding the expansion of the Airport and restrictions on airport operations. The attached memorandum of special legal counsel Dan Reimer describes in more detail the terms and conditions of the Final Agreement. Attachments 1. Final Agreement with the following Exhibits: Exhibit 1: Ordinance No. 97 amending Ordinance 51 Exhibit 2: Supplement to the DEIS (August 2001). Exhibit 3: Eden Prairie Resolution Repealing Resolutions 88-299 and 92-124. Exhibit 4: Chapters 2 and 6 of Eden Prairie Comprehensive Guide Plan on Flying Cloud Airport. Exhibit 5: Neighborhoods Entitled to Exterior to Interior Sound Reduction of 20 dBA. 2. Resolution Adopting Final Agreement Between the City of Eden Prairie and The Metropolitan Airports Commission. 3. Resolution Repealing Resolutions 88-299 and 92-144. 4. Resolution Approving Amendment to Comprehensive Guide Plans Chapters 2 and 6. c9 AKIN GUMP STRAUSS HAUER & FELDLLP ammimm Attorneys at Law MEMORANDUM December 11, 2002 To: Honorable Mayor and Members of the Eden Prairie City Council From: AKIN GUMP STRAUSS HAUER&FELD LLP Re: Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie,Minnesota and the Metropolitan Airports Commission(December 2002) ("Final Agreement") INTRODUCTION On December 17,2002, the Council will be asked to consider several related items. These include the following: 1. The Final Agreement. 2. Sections of the Comprehensive Guide Plan Update concerning Flying Cloud Airport. 3. A resolution repealing prior resolutions declaring the Council's opposition to the proposed expansion of Flying Cloud Airport. These matters are integrally related because the Guide Plan Update and resolution withdrawing opposition are conditions precedent to the Final Agreement,meaning that if the Council approves the Final Agreement but not the Guide Plan Update and resolution,the Final Agreement will not go into effect. The MAC Commission is scheduled to consider two items,the Final Agreement and the amendment of Ordinance No. 51, at a public meeting on Monday,December 16. Should the MAC Commission fail to approve both matters, it is possible that the three enumerated items will be removed from the City Council agenda. We recommend that the Council approve the Final Agreement and related items. The purpose of this memorandum is to describe the process leading to the Final Agreement and to summarize its terms. AKIN GUMP STRAUSS HAUER & FELDLLP Attorneys at Law SUMMARY AND CONCLUSION The Final Agreement is intended to conclude a long-standing controversy surrounding the proposed expansion of Flying Cloud Airport and the noise control measures that reduce the impact of the airport on the surrounding community. The Final Agreement calls for the City of Eden Prairie to withdraw its opposition to the proposed expansion of Flying Cloud Airport in exchange for MAC's commitment to adopt and enforce mandatory and voluntary noise control measures and to abide by limits on future growth and expansion. The outline of this agreement was approved by the MAC Commission and Eden Prairie City Council in December 2001 in the form of a Memorandum of Understanding("MOU"). MAC and Eden Prairie staff have been negotiating since the MOU was approved to develop specific terms that advance each party's goals and conform to complex federal and state requirements concerning airport and aircraft operations. It is important to recognize that the Final Agreement does not have a direct effect on the timing of the proposed expansion or on whether the proposed expansion will proceed at all. MAC has obtained certain necessary approvals for the proposed expansion and is required to secure additional approvals (e.g., environmental approvals) and adequate funding before beginning construction. The City has a limited role in approving the project,which primarily involves ensuring that the project is consistent with the City's zoning and building standards. The Final Agreement requires MAC to adopt the noise control measures and other commitments immediately and requires the City to withdraw its opposition but does not serve as any form of approval for the expansion or require the expansion to proceed. BACKGROUND Considering the extended nature of this controversy and the length of time involved in negotiating the Final Agreement, a brief review of the relevant history is warranted. Significant events include the following: • Jan. 1978—MAC adopts Ordinance 51,which prohibits jet aircraft weighing'more than 20,000 pounds from operating at Flying Cloud Airport. • April 1996—The Metropolitan Council declares MAC's Long Term Comprehensive Plan for Flying Cloud Airport("LTCP") consistent with the metropolitan area's development guide. The LTCP calls for extensions of both Runway 9R-27L and Runway 9L-27R and development of a south building area to accommodate additional aircraft hangars. • December 1999—MAC releases a Draft Environmental Impact Statement("DEIS") for the proposed expansion. The DEIS includes recommendations for amending Ordinance 51,including relaxing the weight limit for Stage 3 aircraft,imposing a curfew on Stage 2 AKIN GUMP STRAUSS HAUER & FELDLLP Attorneys at Law aircraft operations,prohibiting nighttime maintenance run-ups, and continuing to prohibit scheduled air carrier and cargo operations. • Sept. 2000—Jan. 2001 —The FAA sends a series of letters to MAC stating that Ordinance 51 and the proposed amendments may be inconsistent with MAC's contractual obligations to the FAA to provide public access to the airport on reasonable terms and without unjust discrimination. In the final letter(January 2001),the FAA stated that it would not consider any requests for discretionary funding for Flying Cloud Airport until Ordinance 51 is removed or a plan adopted for removing it. • August 2001—MAC releases a supplement to the DEIS. The supplement stated that, based upon FAA's concerns with Ordinance 51 and the proposed amendments,the expansion plan would not include any mandatory restrictions on aircraft operations. • September 2001 —MAC holds a public hearing on the repeal of Ordinance 51. Many community members participate and declare opposition to the proposed expansion and proposed repeal of Ordinance 51. • October 2001 —MAC and Eden Prairie begin negotiations concerning a host of airport- related matters, including the proposed repeal of Ordinance 51. MAC was represented by Commissioners Houle and Fortier, and Eden Prairie was represented by Mayor Harris and Councilmember Case. • December 2001 —The MAC Commission and Eden Prairie City Council approve a Memorandum of Understanding Concerning Flying Cloud Airport and Ordinance No. 51. DISCUSSION Description of the Negotiating Process The December 2001 MOU recognized expressly that it was not self-executing. MAC and Eden Prairie had to expand and clarify several terms,resolve several issues that could not be worked out immediately, obtain input from the Federal Aviation Administration, and,perhaps most importantly, convert the terms of the MOU into a binding, enforceable contract. MAC and Eden Prairie staff began meeting immediately after the MOU was approved to complete these tasks. MAC and Eden Prairie staff also met with FAA officials on several occasions,beginning in January 2002, and continued communications with the FAA throughout the negotiating process. At one point during the summer of 2002 the negotiations began to slow down, and Mayor Tyra-Lukens wrote to MAC Executive Director Hamiel requesting that both sides rededicate attention to this matter. AKIN GUMP STRAUSS HAUER & FELDLLP Attorneys at Law Although the negotiations covered virtually every subject of the MOU,particular attention focused on limiting Stage 2 aircraft operations at Flying Cloud Airport, developing a detailed program for noise attenuation of homes most heavily impacted by the airport, and articulating the mechanisms to implement and enforce the noise control measures included in the MOU. In addition, during Fall 2002,the discussions expanded into related areas of infrastructure and parks,resulting in the Memorandum of Understanding Concerning Cooperative Solutions to Infrastructure,Right-of-Way/Easement and Park Needs also included in the agenda for the • December 17 Council meeting. Description of the Final Agreement The Final Agreement contains the following key terms: Noise Control Measures and Limits on Future Growth at Flying Cloud Airport 1. MAC will amend Ordinance No. 51 to prohibit operations by aircraft weighing more than 60,000 pounds and to prohibit nighttime maintenance run-ups. 2. MAC will not increase the strength of the runway pavement or increase the length of the runways beyond that proposed as part of the expansion project,unless required to do so by State law. 3. MAC will not apply for a certificate from the FAA that is required to make the airport available for scheduled passenger service and other air carrier operations. 4. MAC will adopt a voluntary curfew to discourage nighttime operations (between 10 p.m. and 6 a.m.) and will seek to implement other voluntary measures to reduce early morning noise (6 a.m. to 7 a.m.). 5. MAC will discourage Stage 2 aircraft operations and will take action to convert the measure into a mandatory prohibition on Stage 2 aircraft operations if the number of departures from the airport by Stage 2 aircraft exceeds seventy-five (75)in any rolling twelve-month period. 6. MAC will test a representative sample of approximately 150 homes most heavily impacted by the airport to determine whether the noise attenuation currently provided by the structure is adequate. If the exterior to interior noise attenuation is less than 20 decibels,MAC shall provide sound insulation. 7. MAC represents that,based on the noise control measures to be implemented,major cargo operations will not be able to use the airport. 8. MAC will implement and enforce the noise control measures through the following mechanisms: AKIN GUMP STRAUSS HAUER & FELDLLP Attorneys at Law a. Publishing information in the airport operating rules and regulations. b. Seeking letters of intent from airport operators. c. Publishing information in aeronautical charts and other publications. d. Implementing a pilot education program. e. Presenting awards for compliance. f. Investigating and pursuing complaints. g. Coordinating with Eden Prairie on prosecution of violations. h. Reviewing flight track databases to calculate the number of Stage 2 aircraft operations. i. Notifying pilots and aircraft owners of actions inconsistent with the voluntary measures. j. Communicating regularly with Eden Prairie and permitting the City access to the Airport. City of Eden Prairie Commitments 1. Eden Prairie will support MAC's amendment of Ordinance No. 51 and the adoption of the noise control measures and other commitments. 2. Eden Prairie will refrain from challenging the proposed expansion or the associated Environmental Impact Statement and will not support the efforts of third parties to oppose the proposed expansion. 3. Eden Prairie will notify MAC in the event that the City Council intends to consider amending the Comprehensive Guide Plan to permit residential development on land shown in the Guide Plan as being exposed to noise in excess of DNL 60 dB. Defending the Final Agreement in the Event of Challenge from a Third Party 1. MAC and Eden Prairie will defend the Final Agreement and associated actions in the event of challenge,will cooperate in defending the Final Agreement, and will pursue the defense fully. 2. MAC will be permitted to defer enforcing or implementing a commitment of the Final Agreement only during the pendency of a judicial or administrative proceeding, for a AKIN GUMP STRAUSS HAUER & FELDLLP samminnomsomm Attorneys at Law temporary period to address a challenge, or as strictly necessary to comply with a court order. 3. In the event that a commitment of the Final Agreement is declared invalid,MAC will adopt a substitute noise control measure that will provide the same level of noise relief. MAC will be excused from implementing a mandatory prohibition on Stage 2 aircraft operations if the prohibition is declared invalid. Resolving Disputes Between MAC and Eden Prairie 1. MAC and Eden Prairie will submit to alternative dispute resolution in the event that either party believes that the other party has breached the Final Agreement. 2. In the event of an alleged breach,MAC or Eden Prairie can seek a court order requiring the breaching party to perform as required by the Final Agreement or to enjoin the breach. 3. In the event that Eden Prairie violates its commitment not to challenge the proposed expansion,MAC will, at its discretion,be relieved of its obligations under the Final Agreement. In the event that MAC violates its commitments under the Final Agreement, Eden Prairie shall be relieved of its commitments. The Future of the Final Agreement 1. The Final Agreement will remain in effect unless and until terminated by mutual consent of the parties. 2. Any and all amendments to the Final Agreement must be made in writing and approved by the governing bodies of MAC and Eden Prairie. 3. In the event of a change in federal or state law or regulation that might make either party unable to perform under the Final Agreement,MAC and Eden Prairie shall confer to discuss the specific effect of the change in law and possible amendments to the Final Agreement that will confer substantially the same benefits as the Final Agreement and conform to the new law or regulation. Dais FINAL AGREEMENT CONCERNING FLYING CLOUD AIRPORT AND MAC ORDINANCE No. 51 BETWEEN THE CITY OF EDEN PRAIRIE, MINNESOTA • AND THE METROPOLITAN AIRPORTS COMMISSION December 2002 TABLE OF CONTENTS- Recitals 1 Agreement 2 Article 1: Definitions 2 Article 2: Conditions Precedent 4 2.1 Conditions Precedent 4 Article 3: MAC Commitments and Presentations 4 3.1 Amended Ordinance No. 51 4 3.2 Runway Length 4 3.3 Pavement Strength 4 3.4 Part 139 Certification 4 3.5 Voluntary Restraint on Nighttime Aircraft Operations And Recommended Procedures for Early Morning Departures 5 3.6 Limits on Operations of Stage 2 Aircraft 5 3.7 Noise Reduction Testing and Sound Insulation 6 3.8 Cargo Operations 6 3.9 Nonexclusive Nature of Commitments and Representations 6 3.10 Implementation and Enforcement 6 3.10.1 Airport Operating Rules and Regulations 6 3.10.2 Letters of Intent 7 3.10.3 Notice to Fixed Base Operators and Airport Users 7 3.10.4 Pilot Education Program 7 3.10.5 Award Program for Voluntary Compliance 7 3.10.6 Complaints and Investigation 8 3.10.7 Enforcement 8 3.10.8 Monitoring Compliance 8 3.10.9 Notice of Operation Inconsistent with Voluntary Measure 8 3.10.10 Eden Prairie Involvement 8 i Article 4: Eden Prairie Commitments and Representations 9 4.1 Eden Prairie Support for MAC Commitments and Representations 9 4.2 Eden Prairie Support for Proposed Airport Expansion 9 4.3 Eden Prairie Commitments on Land Use Compatibility 10 Article 5: Third Party Challenges 10 5.1 Duty to Defend 10 5.2 MAC's Authority to Defer Enforcement or Implementation of Commitment 11 5.3 Duties in Response to an Adverse Judicial or Administrative Decision 11 5.4 Duties in Response to an Adverse Judicial or Administrative Decision on Stage 2 Ban 12 Article 6: Dispute Resolution 12 6.1 Notice of Default 12 6.2 Right to Cure Default 13 6.3 Informal Dispute Resolution 13 6.4 Formal Mediation 13 6.5 Costs of Alternative Dispute Resolution 13 6.6 Dispute Resolution Process Mandatory 13 6.7 Confidentiality 13 6.8 Waiver of Rights 13 Article 7: Remedies 14. 7.1 General Remedies: Specific Performance and Injunctive Relief 14 7.2 Specific Remedies 14 7.21 Eden Prairie Commitments Concerning Proposed Airport Expansion 14 7.22 MAC Commitments and Representations 14 Article 8: General Provisions 14 8.1 Duration 14 a is' 8.2 Amendment 14 8.3 Headings 15 8.4 Notices 15 8.5 Exhibits 16 8.6 Counterparts 16 8.7 Governing Law 16 8.8 Severability 16 8.9 No Third-Party Beneficiary 16 8.10 Successors and Assigns 16 8.11 Complete Agreement 16 8.12 Change in Law 16 Exhibits List 20 2 ! FINAL AGREEMENT CONCERNING FLYING CLOUD AIRPORT AND ORDINANCE NO.51 This Final Agreement Concerning Flying Cloud Airport and Ordinance No. 51 ("this Agreement")is made this day of ,2002,between the CITY OF EDEN PRAIRIE, MINNESOTA("Eden Prairie"), a statutory city acting pursuant to the authority of Resolution No. ,passed ,2002, and the METROPOLITAN AIRPORTS COMMISSION ("MAC"), a public corporation of the State of Minnesota. RECITALS WHEREAS, MAC owns and operates Minneapolis-St. Paul International Airport, one intermediate airport, and five minor airports, including Flying Cloud Airport; and WHEREAS, Flying Cloud Airport is located entirely within the geographic and jurisdictional boundaries of the City of Eden Prairie; and WHEREAS, on January 16, 1978, MAC adopted Ordinance No. 51, which prohibits the operation of jet aircraft at Flying Cloud Airport except jet aircraft with a maximum takeoff weight of 20,000 pounds or less; and WHEREAS, by correspondence dated September 27, 2000, October 13, 2000, and January 30, 2001, the Federal Aviation Administration stated that it believed that Ordinance No. 51 was inconsistent with Federal law and MAC's contractual obligations to the Federal government and that MAC accordingly should develop a plan to amend or repeal Ordinance No. 51; and WHEREAS, MAC has proposed to expand Flying Cloud Airport for the purpose of diverting more general aviation traffic to the Airport by, among other improvements, extending the length of the two parallel runways and developing property for new hangar construction; and WHEREAS, in October 1992, MAC adopted a Long-Term Comprehensive Plan, approved by the Metropolitan Council in April 1996, calling for expansion of Flying Cloud Airport to meet forecast aviation demand in the metropolitan area;and WHEREAS, by public statements and other actions, including the adoption of Resolution No. 88-299 and Resolution No. 92-124, Eden Prairie has opposed the expansion of Flying Cloud Airport because of the noise and other environmental consequences projected to result from such expansion; and WHEREAS, MAC finds that the elements of this Agreement will reduce the noise exposure that otherwise would be associated with the proposed expansion of Flying Cloud Airport; and 1 WHEREAS, Minnesota Statutes Section 473.641 subdivision 4 prohibits MAC from extending the runway length at minor airports beyond 5,000 feet without prior legislative authorization; and WHEREAS, two members of the Eden Prairie City Council and two members of the MAC Commission signed a Memorandum of Understanding on December 4, 2001, which was endorsed by the MAC Planning and Environmental Committee and the Eden Prairie City Council on December 4,2001 and by the MAC Commission on December 17,2001; and WHEREAS, MAC and Eden Prairie presented the Memorandum of Understanding to officials of the Federal Aviation Administration; and WHEREAS, the Memorandum of Understanding recommended that MAC and Eden Prairie draft and execute a fmal agreement consistent with the terms of the Memorandum of Understanding and the FAA's comments on the Memorandum of Understanding. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants contained herein, Eden Prairie and MAC hereby agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the words and phrases defined below have the .following meanings: 1.1 Agreement means this Final Agreement Concerning Flying Cloud Airport and Ordinance No. 51 and all exhibits and attachments hereto. 1.2 Airport means Flying Cloud Airport, Eden Prairie, Minnesota. 1.3 Airport User means the owner or operator of an aircraft who conducts a take off, landing, or other aircraft operation of any kind, including maintenance and repair, at the Airport during the effective period of this Agreement. 1.4 Amended Ordinance No. 51 means the ordinance attached hereto as Exhibit 1 which is intended to replace Ordinance No. 51 and provide mandatory limits on the operation of aircraft to,from, and at the Airport. 1.5 Designated Representative of Eden Prairie means the City Manager of the City of Eden Prairie or the individual appointed by the City Manager, as communicated to MAC in writing, to act as the designated representative. 1.6 Eden Prairie means the municipal corporation of Eden Prairie, Minnesota. 2 `oaf 1.7 FAA means the Federal Aviation Administration,United States Department of Transportation,or any successor agency or department. 1.8 Final FAA Decision means a decision of the FAA subject to judicial review pursuant to 49 U.S.C. §46110 and/or 5 U.S.C. §§ 701 — 706, as each may be amended, or any successor law or judicial decision relating to judicial review of FAA decisions. 1.9 Fixed Base Operator means an individual or company providing commercial aeronautical services at the Airport such as one or more of the following: aircraft maintenance and repair, fueling, aircraft storage, aircraft sales, and flight instructions. 1.10 MAC means the Metropolitan Airports Commission, authorized by L.1943,c.500. • 1.11 MOU means the Memorandum of Understanding Concerning Flying Cloud Airport and Ordinance No. 51 executed on December 4,2001,by two members of the Eden Prairie City Council and two members of the Metropolitan Airports Commission and endorsed by the Eden Prairie City Council and the MAC Commission. 1.12 Major Air Cargo Operations means the operation of a business engaged principally in the transportation of cargo, whose operations at Flying Cloud Airport would involve the operation of aircraft weighing more than 60,000 pounds and/or whose facilities at the Airport would exceed 80,000 square feet in size. 1.13 Nighttime Aircraft Operation means any takeoff or landing of an aircraft at Flying Cloud Airport between the hours of 10:00 p.m. local time and 6:00 a.m. local time. 1.14 Nighttime Currency Requirements means the nighttime training requirements of 14 C.F.R.Part 91, as the same may be amended from time to time. 1.15 Ordinance No. 51 means the ordinance adopted by MAC on January 16, 1978 concerning the operation of jet aircraft at Flying Cloud Airport. 1.16 Part 139 Certification means an airport operating certificate issued by the FAA pursuant to 14 C.F.R. Part 139, authorizing an airport operator to accept scheduled and unscheduled passenger operations of an air carrier. For purposes of this Agreement, 14 C.F.R. Part 139 includes the regulation in effect as of the date of this Agreement and amendments to Part 139 that are consistent with amendments proposed by the FAA at 65 Fed. Reg. 38,636 (2000), but does not otherwise include future amendments to the regulation or any successor regulation. 1.17 Passenger Facility Charge means the passenger facility charge described in 49 U.S.C. §40117,as the same may be amended from time to time. 1.18 Proposed Airport Expansion means capital improvements at the Airport proposed by MAC, described and depicted as Alternative F in the Supplement to the Draft Environmental Impact Statement, Expansion of Flying Cloud Airport 3 a (August 2001), attached as Exhibit 2 (without appendices), including, but not limited to, extension of the two parallel runways, development of property for new hangar construction, acquisition of additional property, and any minor changes in the proposed capital improvements. 1.19 Runway Weight Bearing Capacity means the weight-bearing capacity of the Airport runways as determined by an engineering study and is: maximum gross takeoff weight 60,000 pounds, dual wheel. 1.20 Stage 2 Aircraft means an aircraft that has been certificated as meeting the Stage 2 noise levels prescribed in FAR pt. 36, App. C, §C36.5 and that does not meet the Stage 3 noise levels prescribed therein. ARTICLE 2 CONDITIONS PRECEDENT 2.1 Conditions Precedent. This Agreement shall not be effective unless and until the following occurs: 2.1.1 MAC adopts an ordinance substantially the same as Exhibit 1 ("Amended Ordinance No. 51"). 2.1.2 Eden Prairie adopts a resolution substantially the same as Exhibit 3, repealing Resolution No. 88-299 and Resolution No. 92-124. 2.1.3 Eden Prairie amends the City of Eden Prairie Comprehensive Guide Plan to include a chapter on the Airport substantially the same as Exhibit 4. ARTICLE 3 MAC COMMITMENTS AND REPRESENTATIONS 3.1 Amended Ordinance No. 51. MAC shall implement and enforce Amended Ordinance No. 51 on and after the effective date identified therein. 3.2 Runway Length. MAC shall not take any action to increase the length of the runways at the Airport in excess of the length contemplated in the Proposed Airport Expansion,unless required to do so by State law, provided that MAC will not initiate,promote,or otherwise support enactment of such law. 3.3 Pavement Strength. MAC shall not take any action to increase the Runway Pavement Weight-Bearing Capacity at the Airport, unless required to do so by State law, provided that MAC will not initiate, promote, or otherwise support enactment of such law. 3.4 Part 139 Certification. MAC shall not apply for Part 139 Certification at the Airport to provide facilities for air carrier operations. 4 3.5 Voluntary Restraint on Nighttime Aircraft Operations and Recommended Procedures for Early Morning Departures. MAC shall implement a program of voluntary restraints on Nighttime Aircraft Operations, except operations between 10:00 p.m. and 12:00 a.m. conducted to meet Nighttime Currency Requirements. Within six months of the effective date of this Agreement, MAC shall identify and evaluate specific operational procedures that would limit the noise impact of aircraft operations between 6:00 a.m. and 7:00 a.m., which procedures could include, but are not limited to, dispersion of aircraft departures, defined flight routes, or noise abatement departure procedures. Upon completion of this evaluation, MAC shall adopt those operational procedures that are mutually acceptable to MAC and Eden Prairie. 3.6 Limits on Operations of Stage 2 Aircraft 3.6.1 MAC shall implement a voluntary program to preclude all operations at the Airport by Stage 2 Aircraft. 3.6.2 In the event that the number of departures at the Airport by Stage 2 Aircraft exceeds seventy-five (75) in any rolling twelve-month period, MAC shall prohibit operations by all Stage 2 Aircraft from operating at the Airport; provided that Eden Prairie may, in its sole discretion, waive this requirement if Eden Prairie determines that unusual or unique circumstances caused the number of departures by Stage 2 Aircraft to exceed seventy-five. 3.6.3 Before implementing the prohibition on Stage 2 Aircraft identified in Section 3.6.2, MAC shall complete any necessary procedural steps as required under federal law, including a study required by 14 C.F.R. Part 161, as the same may be amended in the future ("Part 161 Study"). 3.6.3.1 MAC shall perform the Part 161 Study in a thorough and professional manner. 3.6.3.2 MAC shall consult closely with Eden Prairie in preparing a scope of work and evaluating and selecting a consultant to perform the Part 161 Study. 3.6.3.3 MAC shall seek acknowledgement from the FAA that the Part 161 Study complies with Part 161. 3.6.3.4 MAC shall prepare a second or supplemental study in the event that the FAA criticizes the Part 161 Study as legally inadequate or otherwise not in full compliance with Part 161. 5 3.6.3.5 The parties recognize that the Part 161 Study, including a second or supplemental study, could cost Five Hundred Thousand Dollars ($500,000) or more. 3.7 Noise Attenuation Testing and Sound Insulation 3.7.1 MAC shall test the residences shown on Exhibit 5, in accordance with a methodology agreed upon by MAC and Eden Prairie, to determine the existing exterior to interior noise reduction level. MAC shall complete testing within two years from the date that the extended runways are made available for use. 3.7.2 In the event that any residence shown on Exhibit 5 has an exterior to interior noise attenuation of less than 20 dBA, MAC shall provide sound insulation to achieve a noise reduction of at least 20 dBA. MAC shall consult with Eden Prairie to determine the nature and extent of sound insulation b be provided for eligible residences. MAC shall complete sound insulation of all eligible residences within two years from the date that the extended runways are made available for use. 3.7.3 MAC shall provide testing and sound insulation pursuant to this Paragraph 3.7 regardless of whether funding is provided by the federal government. 3.7.4 No new residence for which fmal building permits were issued on or after December 4, 2001, shall be eligible to receive testing or sound insulation pursuant to this Paragraph 3.7. 3.8 Cargo Operations. MAC represents that, based on the commitments and representations contained in this Article 3, Major Air Cargo Operations will not be able to use the Airport. 3.9 Nonexclusive Nature of Commitments and Representations.The commitments and representations contained in this Article 3 are in addition to any existing, proposed, or future measure to control aircraft and Airport noise and the environmental consequences of Airport operations and development and do not prohibit or limit in any way (1) MAC's ability or responsibility to adopt other such measures as MAC may deem necessary and appropriate or be required to adopt, or(2)Eden Prairie's ability to request that MAC adopt other such measures. 3.10 Implementation and Enforcement 3.10.1 Airport Operating Rules and Regulations. MAC shall, within six months from the effective date of this Agreement, prepare and distribute 6 operating rules and regulations for Flying Cloud Airport that will contain the commitments and representations consistent with this Article 3 and Amended Ordinance No.51 that affect the actions of Airport Users an Fixed Base Operators, other operational requirements and noise abatement measures that MAC has adopted previously, and any additional operational requirements and noise abatement measures as MAC, in its sole discretion,may choose to adopt and include. 3.10.2 Letters of Intent. MAC shall use its best efforts to negotiate with Fixed Base Operators, Airport Users who base aircraft at the Airport and other Airport Users, as determined by MAC, voluntary letters of intent committing the Fixed Base Operator or Airport User to (1) adhere to the voluntary limits on aircraft operations contained in this Article 3, and (2) participate actively in implementing and monitoring compliance with Amended Ordinance No. 51 and the measures contained in this Article 3. 3.10.3 Notice to Fixed Base Operators and Airport Users. MAC shall inform current and future Airport Users and Fixed Base Operators about the commitments contained in this Article 3 and Amended Ordinance No. 51 that affect aircraft operations at the Airport by publishing and keeping current notice in the following publications: Airport Facility Directory, Depaitiuent of Defense Flight Information Manual; Jeppesen Information Manual; and relevant MAC publications. 3.10.4 Pilot Education Program. MAC shall implement a Pilot Education Program designed to inform Airport Users and Fixed Base Operators about the commitments contained in this Article 3 and Amended Ordinance No. 51 that affect the actions of Airport Users and Fixed Base Operators, other operational requirements and noise abatement measures that MAC has adopted previously, and any additional operational requirements and noise abatement measures as MAC, in its sole discretion, may choose to adopt and include. The Pilot Education Program may include, but will not be limited to, posting and display of information in facilities maintained by Fixed Base Operators and airfield signage. MAC will consult on at least an annual basis with the Designated Representative of Eden Prairie on the curriculum for and implementation of the Pilot Education Program. 3.10.5 Award Program for Voluntary Compliance. MAC will publicly recognize, through a certificate, award, or similar means, on an at least annual basis the actions and efforts of one or more Airport Users or Fixed Base Operators that avoid or promote avoidance of operations inconsis tent with the voluntary limits contained in this Article 3. 7 3.10.6 Complaints and Investigation. MAC shall thoroughly investigate all credible complaints and information received from local residents, Eden Prairie, Airport Users, Fixed Base Operators, or any other source to determine whether a violation or failure to comply with a voluntary measure has occurred and take appropriate action as dictated by the relevant provision of this Article 3 or Amended Ordinance No. 51. 3.10.7 Enforcement. MAC shall coordinate and cooperate with Eden Prairie in the prosecution of any violation of Amended Ordinance No. 51. 3.10.8 Monitoring Compliance 3.10.8.1 MAC shall instruct all MAC employees working on a temporary or permanent basis at the Airport of the commitments of this Article 3 and Amended Ordinance No. 51 and provide instructions on procedures for notifying the proper parties of a potential violation or failure to comply with a voluntary measure. 3.10.8.2 MAC shall perform, on no less than a monthly basis, a review of the ANOMS flight track database to identify any and all Stage 2 Aircraft operations occurring at the Airport since the prior review. MAC shall keep a separate record of all Stage 2 Aircraft operations and provide the Designated Representative of Eden Prairie, on a quarterly basis, with a notice identifying the date and time of each Stage 2 Aircraft operation in the quarter and a total of all Stage 2 Aircraft operations in the preceding rolling twelve months. 3.10.9 Notice of Operation Inconsistent with Voluntary Measure. MAC shall send a written notice to the owner or operator of any aircraft known to have operated in a manner inconsistent with the voluntary restraints on Nighttime Aircraft Operations, early morning departures(as developed and modified pursuant to Paragraph 3.5), and operations by Stage 2 Aircraft. The notice shall provide information about the inconsistent operation, state that MAC's policy is to limit voluntarily inconsistent operations, and request that the owner or operator provide a detailed response describing the reason for the inconsistent operation. MAC shall maintain a record of all such correspondence and provide copies of such correspondence to the Designated Representative of Eden Prairie. 3.10.10Eden Prairie Involvement 3.10.10.1 MAC shall provide the Designated Representative of Eden Prairie with a copy of all notices to or other correspondence with 8 � �l Airport Users and Fixed Base Operators concerning any identified violation or failure to comply with a voluntary measure. 3.10.10.2 MAC shall provide Eden Prairie, upon reasonable notice, access to the Airport, accompanied by a MAC employee,to inspect any facility to which MAC has access. 3.10.10.3 MAC will make presentations to the Eden Prairie City Council as requested concerning MAC's implementation and enforcement of the commitments contained in this Article 3. ARTICLE 4 EDEN PRAIRIE COMMITMENTS AND REPRESENTATIONS 4.1 Eden Prairie Support for MAC Commitments and Representations. Eden • Prairie supports MAC's adoption of Amended Ordinance No. 51 and the commitments and representations contained in Article 3. 4.2 Eden Prairie Support for Proposed Airport Expansion 4.2.1 Eden Prairie shall not file or serve a complaint or other pleading with any' court challenging the Proposed Airport Expansion or the Environmental Impact Statement concerning the Proposed Airport Expansion. 4.2.2 Eden Prairie shall not file with the FAA or other governmental authority comments that state or imply that the Proposed Airport Expansion should not occur, that MAC should consider or pursue an alternative to the Proposed Airport Expansion, or, subject to Paragraph 4.2.5.1, that the Environmental Impact Statement concerning the Proposed Airport Expansion is inadequate. 4.2.3 Eden Prairie shall not advocate against the Proposed Airport Expansion by attempting to persuade the FAA or other governmental authority not to approve, authorize, or permit the Proposed Airport Expansion or the Environmental Impact Statement for the Proposed Airport Expansion. 4.2.4 Eden Prairie shall not promote, represent or in any way support any third party in opposing the Proposed Airport Expansion or the Environmental Impact Statement for the Proposed Airport Expansion, including without limitation by drafting documents for the purpose of supporting the opposition of such parties. 4.2.5 The following actions shall not constitute violations of Eden Prairie's commitments under this Paragraph 4.2: 4.2.5.1 In the interest of protecting the health, safety and welfare of members of the community, Eden Prairie may request that MAC 9 provide additional disclosures concerning the environmental consequences of the Proposed Airport Expansion, and Eden Prairie may promote mitigation of any environmental consequences other than mitigation measures and environmental consequences addressed in this Agreement. 4.2.5.2 Eden Prairie may disclose documents as required by the Minnesota Data Practices Act or as otherwise required by Minnesota law. 4.2.5.3 Officials and employees of Eden Prairie may take any action concerning the Proposed Airport Expansion so long as such officials and employees are not acting on behalf of Eden Prairie. 4.2.5.4 Eden Prairie may oppose or take any other action concerning capital improvement projects or other MAC actions that (1)require supplementing the Environmental Impact Statement as prescribed by FAA Order 5050.4A Section 104, as the same may be amended in the future, or (2) that are in addition to the Proposed Airport Expansion. 4.3 Eden Prairie Commitments on Land Use Compatibility. Eden Prairie shall notify MAC of any public hearing at which Eden Prairie will consider amending the Eden Prairie Comprehensive Guide Plan to permit development of residences on any property that is shown in the then-current Comprehensive Guide Plan as being exposed to Airport noise in excess of DNL 60 dB. ARTICLE 5 • THIRD PARTY CHALLENGES 5.1 Duty to Defend. If any party, including without limitation any individual, organization, corporation, association, or government agency(including the FAA), challenges or contests the legality of this Agreement, the authority of either party to enter into this Agreement,Amended Ordinance No. 51,the other commitments or representations contained in this Agreement, the Part 161 Study, or any action taken to comply with this Agreement, in any judicial, administrative, or similar forum, MAC and Eden Prairie shall, except as expressly provided in this Agreement, take the following action(s): 5.1.1 Defend vigorously this Agreement, the authority of either party to enter into this Agreement, Amended Ordinance No. 51, the other commitments or representations contained in this Agreement, the Part 161 Study, or any action taken to comply with this Agreement. 5.1.2 Oppose and defend against any attempt to prevent either party from performing any or all of the requirements contained in this Agreement. 10 5.1.3 Prosecute fully such defense or opposition provided for above and, if the judicial, administrative or_ other_action or proceeding is not dismissed voluntarily, obtain a final order or decision from the judicial, administrative or other decisionmaker, including without limitation a final, appealable trial court decision or Final FAA Decision. 5.1.4 Each party shall support any request by the other party to intervene or participate in any such judicial, administrative or other action or proceeding. 5.1.5 Each party promptly shall provide the other party with a copy of any correspondence, complaint, filings, pleadings, court orders or other non- privileged writing concerning an administrative or judicial proceeding or action described herein. 5.2 MAC's Authority to Defer Enforcement or Implementation of Commitment. MAC may defer enforcement or implementation of any commitment contained in this Agreement only as follows: 5.2.1 During the pendency of any proceeding or action described in Paragraph 5.1, but only if the FAA asserts in writing that immediate deferral is legally required to retain eligibility for state or federal financial assistance, including eligibility to receive discretionary Airport Improvement Program funds, or to retain authority to impose, collect or use Passenger Facility Charges; 5.2.2 For a period of not longer than sixty (60) days to respond to a written request by the FAA to defer enforcement but only if MAC reasonably believes that the deferral is necessary to retain eligibility for state or federal financial assistance, including eligibility to receive discretionary Airport Improvement Program funds, or to impose, collect or use Passenger Facility Charges and only if MAC works within the sixty day period to address FAA's concerns; or 5.2.3 As strictly necessary to comply with an order of a court of competent jurisdiction. 5.2.4 Each party promptly shall provide the other party with a copy of any letter, court order or other writing referred to in this Paragraph 5.2, or any subsequent letter, court order or other writing regarding the same subject. 5.3 Duties in Response to Adverse Judicial or Administrative Decision. In the event a Final FAA Decision or appealable court decision determines that a commitment or representation contained in this Agreement, excluding the commitment contained in Paragraph 3.6.2, is unlawful, would render MAC ineligible for state or federal financial assistance, including discretionary Airport Improvement Program funds, would terminate MAC's authority to impose, collect or use Passenger Facility Charges, or otherwise prevents MAC from performing as required in this Agreement, MAC shall adopt alternative measures 11 designed to guarantee that the total number of residences projected (five years from the date of the Final FAA decision or appealable court decision) to be exposed to noise associated with the Airport in excess of DNL 60 dB shall be no greater than the number of residences MAC and Eden Prairie mutually agree reflects the number of residences that are projected (after the same five years) to be exposed to noise in excess of DNL 60 dB if the commitments or restriction contained in Article 3 were fully in force and effect. 5.3.1 The alternative measures shall include mandatory measures or a combination of mandatory and voluntary measures but shall not include voluntary measures alone. 5.3.2 In the event that Eden Prairie and MAC are unable to agree on whether the proposed measures would achieve the standard contained in this Paragraph 5.3,the parties shall complete the formal mediation described in Article 6. In the event that the parties are unable to agree after completing formal mediation,the parties shall submit to binding arbitration. The scope of the mediation and arbitration shall not include consideration of whether MAC is obligated to adopt a measure that will satisfy the standard contained in this Paragraph 5.3. 5.3.3 Notwithstanding the above, no proposed agreement, measure or judgment in arbitration shall render MAC ineligible for state or federal financial assistance, including discretionary Airport Improvement Program funds, or terminate MAC's authority to impose, collect or use Passenger Facility Charges 5.4 Duties in Response to Adverse Judicial or Administrative Decision on Stage 2 Ban. In the event a Final FAA Decision or appealable court decision determines that a mandatory prohibition on operations at the Airport by Stage 2 Aircraft imposed pursuant to Paragraph 3.6.2 is unlawful, would render MAC ineligible for state or federal financial assistance, including discretionary Airport Improvement Program funds, or would terminate MAC's authority to impose, collect or use Passenger Facility Charges, MAC shall be excused from the obligation to implement the prohibition on Stage 2 Aircraft, provided that MAC shall continue to limit operations by Stage 2 Aircraft at the Airport pursuant to Paragraph 3.6.1. ARTICLE 6 DISPUTE RESOLUTION 6.1 Notice of Default. At no time shall Eden Prairie or MAC be deemed to be in default under, or breach of, this Agreement unless and until the other party has provided written notice to the parties identified in Paragraph 8.4 specifying such alleged breach or default("Notice of Default") and such alleged breach or default has not been cured as provided in Paragraph6.2. 12 :=51 6.2 Right to Cure Default. The party who has received a Notice of Default shall have thirty (30) days in which to cure the alleged breach or default and provide notice to the other party that such alleged breach or default has been cured. 6.3 Informal Dispute Resolution. Immediately after receipt of a Notice of Default, the Executive Director of MAC and the City Manager of Eden Prairie shall meet and attempt to resolve the matter. 6.4 Formal Mediation. If the parties fail to resolve the matter informally under Paragraph 6.3 within thirty (30) days, the parties shall submit their dispute to a mediator. The parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator's practice, provided that the entire mediation process be concluded within 30 days of appointment of the mediator, or within such other time as the parties may agree in writing. If the mediation process fails to resolve the matter, both informal and formal dispute resolution shall be deemed to be complete. 6.5 Costs of Alternative Dispute Resolution. Each party shall bear its own costs of the informal dispute resolution process and formal mediation process described above. The parties shall share equally the fees and expenses of the mediator. 6.6 Dispute Resolution Process Mandatory. No action shall be commenced in any court to enforce or otherwise apply, interpret, or seek cure for a breach of, this Agreement, excluding an action requesting preliminary or temporary relief,before the completion of the informal and formal dispute resolution process set forth in this Article 6. Neither party shall assert, plead, raise, allege, or rely upon the applicable statute of limitations, lathes, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. The dispute resolution provisions set forth in this Article 6 shall apply only to MAC and Eden Prairie, and shall not apply to any successor in interest to either Party. 6.7 Confidentiality. The alternative dispute resolution process described in this Article 6 constitutes compromise negotiation for purposes of applicable rules of evidence. Information prepared for or disclosed during the alternative dispute resolution process shall be inadmissible in evidence pursuant to Rule 408 of the Federal Rules of Evidence or Rule 408 of the Minnesota Rules of Evidence, and shall be withheld from disclosure to the maximum extent permissible under the Minnesota Data Practices Act and other applicable laws. 6.8 Waiver of Rights. The failure of either party to object to, or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of such violation or breach, or of any future violation, breach or wrongful conduct. Subsequent acceptance of performance under this Agreement by Eden Prairie or MAC shall not be deemed to be a waiver of any preceding breach by the other Party of the terms of this 13 Agreement,regardless of Eden Prairie's or MAC's knowledge of such preceding breach at the time of acceptance of performance. No waiver or relinquishment of a right or power under this Agreement shall be deemed a waiver of such right or power at any other time, nor shall any failure of either party to require or exact full and complete compliance with any of the covenants or conditions of this Agreement be construed as changing in any manner the terms hereof or preventing either party from enforcing the full provisions hereof. ARTICLE 7 REMEDIES 7.1 General Remedies: Specific Performance and Injunctive Relief. The parties acknowledge and agree that damages as a result of a breach of this Agreement by either party are not readily ascertainable, that money damages or other legal relief will not adequately compensate for any such breach, and that the party that has not breached this Agreement is entitled to specific performance of those obligations under this Agreement and/or injunctive relief to compel performance of those obligations. Subject to the right to seek specific performance, stated above, the parties expressly reserve their right to oppose a request by the other party for a preliminary or permanent injunction, including grounds that the party seeking relief would not suffer irreparable harm as a result of such breach. 7.2 Specific Remedies. The parties further acknowledge that the breach of certain commitments and representations provided for in this Agreement necessitate different remedies, including the following: 7.2.1 Eden Prairie Commitments Concerning Proposed Airport Expansion. In the event that Eden Prairie has been found by a court of competent jurisdiction to have breached the commitments contained in Paragraph 4.2 concerning the Proposed Airport Expansion, MAC shall be relieved of its commitments and representations contained in this Agreement as it chooses, and this Agreement otherwise shall be voidable by MAC. 7.2.2 MAC Commitments and Representations. In addition to any remedy that might be available under Paragraph 7.1, in the event that MAC is found by a court of competent jurisdiction to have breached the commitments and representations contained in Article 3, Eden Prairie shall be relieved of its commitments and representations contained in Article 4 as it chooses. ARTICLE 8 GENERAL PROVISIONS 8.1 Duration. This Agreement shall remain in full force and effect unless and until terminated by written agreement of both parties. 8.2 Amendment. This Agreement may be altered, amended or modified only by a written instrument executed pursuant to the governmental consent of both Eden 14 Prairie and MAC. Neither this Agreement, nor any term hereof, may be changed, modified or abandoned,in whole or in part, except by instrument in writing. 8.3 Headings. Headings have been inserted herein only as a matter of convenience and for reference, and are not to be considered when construing the provisions of this Agreement. 8.4 Notices. Where the terms of this Agreement provide that either party will furnish or provide any document or material to the other party,unless otherwise provided herein, such document or material shall be delivered by hand to each party at the following address,respectively: If to Eden Prairie: City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 (952)949-8399 (952)949-8390(fax) With a copy to: Richard F. Rosow, City Attorney Gregerson,Rosow,Johnson&Nilan,Ltd. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 (612) 338-0755 (612)349-6718 (fax) If to MAC: Jeffrey W. Hamiel,Executive Director Metropolitan Airports Commission 6040 28th Avenue South Minneapolis,MN 55450-2799 (612)726-8188 (612)726-5306(fax) With a copy to: Thomas W.Anderson, General Counsel Metropolitan Airports Commission 6040 28t Avenue South Minneapolis,MN 55450-2799 (612)726-8178 (612)726-5306 (fax) 8.4.1 Such notice shall be deemed to have been received on the date of its delivery to the above-listed address. 8.4.2 If hand delivery is not possible, the document or material shall be sent to the above-listed address by overnight express courier service, and shall be 15 ak3L1 deemed to have been received on the first business day after the date of its receipt by the express courier service._ 8.5 Exhibits. Exhibits 1 through 5 of this Agreement are incorporated herein by reference and made a part hereof. 8.6 Counterparts. This Agreement may be executed in four counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8.7 Governing Law. This Agreement shall be subject to and governed by the laws of the State of Minnesota. 8.8 Severability. If any provision, paragraph, or subparagraph of this Agreement is adjudged by any court to be invalid, illegal, or unenforceable in whole or in part, this adjudication will not affect the validity of the remainder of this Agreement, including any other provision, paragraph, or subparagraph. In the event that any of the commitments or representations contained in Article 3 is adjudged by any court to be invalid, illegal, or unenforceable in whole or in part, Section 5.3 shall survive as an independent obligation. 8.9 No Third-Party Beneficiary. This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided in this Agreement. 8.10 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest and assigns of Eden Prairie and of MAC. 8.11 Complete Agreement. This Agreement embodies and supercedes, to the extent of any inconsistency, all of the representations, warranties, covenants and agreements of the parties in relation to the subject matter hereof. 8.12 Change in Law. If either party believes that a new federal or Minnesota statute or regulation may result in either party being unable to perform any obligation contained in this Agreement, MAC and Eden Prairie shall meet and confer to discuss in good faith (1) the specific effect of the change in law on this Agreement and(2)whether there are possible amendments to this Agreement that will confer substantially the same benefits as this Agreement and conform to the new or amended federal or Minnesota statute or regulation. The parties shall treat each obligation as independent and allow the change in law to affect performance under this Agreement only to the extent made necessary by the change in law. 16 35 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. METROPOLITAN AIRPORTS COMMISSION BY: Jeffrey W. Hamiel Executive Director CITY OF EDEN PRAIRIE,MINNESOTA BY: Nancy Tyra-Lukens Mayor BY: Scott Neal City Manager • 17 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2002,by Nancy Tyra-Lukens,Mayor,on behalf of the City of Eden Prairie, a municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2002,by Scott Neal, City Manager,on behalf of the City of Eden Prairie,a municipal corporation. Notary Public 18 STATE_OF-MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2002, by Jeffrey W. Hamiel, Executive Director, on behalf of the Metropolitan Airports Commission. Notary Public 19 VOMITS Exhibit 1: Amended Ordinance No. 51 Exhibit 2: Supplement to the Draft Environmental Impact Statement(August 2001) Exhibit 3: Eden Prairie Resolution Repealing Resolutions No. 88-299 and No. 92-124 Exhibit 4: Chapters of Eden Prairie Comprehensive Guide Plan Update on Flying Cbud Airport Exhibit 5: Map of Residences Scheduled for Exterior to Interior Noise Attenuation Testing 20 EXHIBIT 1 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 97 An Ordinance of the Metropolitan Airports Commission relating to the management and operation of its airports, adopted to promote the public health,peace,welfare and safe operations; restricting the operations of aircraft at and from Flying Cloud Airport; and prescribing the penalties for violation thereof. WHEREAS, on January 16, 1978, MAC adopted Ordinance No. 51,which prohibits the operation of jet aircraft at Flying Cloud Airport except jet aircraft with a maximum takeoff weight of 20,000 pounds or less; and WHEREAS,by correspondence dated September 27,2000, October 13,2000,and January 30, 2001,the Federal Aviation Administration stated that it believed that Ordinance No. 51 was inconsistent with Federal law and MAC's contractual obligations to the Federal government and that MAC accordingly should develop a plan to amend or repeal Ordinance No. 51; and WHEREAS, MAC and the City of Eden Prairie have negotiated a Memorandum of Understanding and Final Agreement concerning Flying Cloud Airport and Ordinance No. 51, which Final Agreement is contingent upon MAC amending Ordinance No. 51 in a manner substantially the same as provided herein; and WHEREAS, MAC intends to amend Ordinance No. 51 in such manner as will preserve certain of the protections afforded Ordinance No. 51 as a restriction adopted prior to the enactment of the Airport Noise and Capacity Act of 1990; and WHEREAS,this Ordinance No. 97 is also referred to as Ordinance No. 51 as amended. Now,therefore,the Metropolitan Airports Commission does ordain to amend Ordinance No. 51 to read as follows: SECTION 1 - DEFINITIONS 1.1 Airport. Flying Cloud Airport, a public airport owned by and under the supervision, operation, direction and control of the Commission, and located in the County of Hennepin and State of Minnesota. 1.2 Certified Maximum Gross Takeoff Weight. The maximum takeoff weight of an aircraft as designed and certified by the manufacturer and does not refer to the actual weight of an aircraft or any variant to the certified weight issued by the manufacturer or the Federal Aviation Administration. 4V 1.3 Commission.The Metropolitan Airports Commission,a public corporation of the State of Minnesota. 1.4 Maintenance Run-Up. The sustained operation of an aircraft engine for the purposes of maintenance,repair or testing. A Maintenance Run-Up does not include the operation of an aircraft engine in direct conjunction with a takeoff or landing, including the run-up of an aircraft engine performed immediately prior to takeoff. 1.5. Person Any natural person, corporation, partnership, association or other legal entity having legal authority over the operation of jet aircraft to, at or from the Airport or who is in actual control as pilot of such aircraft. SECTION 2-AIRCRAFT OPERATIONS 2.1 Curfew on Maintenance Run-ups. Maintenance Run-Ups at Flying Cloud Airport between 10:00 p.m. (2200) local time and 7:00 a.m. (0700)local time are prohibited. 2.2 Aircraft Weight Restriction The taking off or landing of any aircraft at Flying Cloud Airport with a Certified Maximum Gross Takeoff Weight of 60,000 pounds or greater is prohibited. 2.3 Exceptions. The terms of this Ordinance shall not apply in the case of an emergency and shall not apply to aircraft owned and operated by the U.S. Government. The prohibition identified in Section 2.1 does not apply to unscheduled Maintenance Run-Ups performed between 10:00 p.m. and 7:00 a.m.where strict compliance with the prohibition would not allow sufficient time to permit the aircraft to depart on schedule the following morning. Any aircraft owner or operator claiming to qualify for an exception,excluding the owner or operator of a U.S. Government aircraft,must notify the Commission within 24 hours by submitting the form designated by the Commission's Director of Reliever Airports or the Director's designated representative for this purpose. SECTION 3-PENALTY.Willful violation of the terms hereof by any Person operating or in legal control of aircraft shall constitute a misdemeanor and upon conviction shall be punished by sentence in accordance with Minnesota Statutes, Section 609.03 or as the same may from time to time be amended. SECTION 4- COMNIISSION RIGHT TO ACTION. Prosecution and conviction under this Ordinance shall be without prejudice to and the Commission shall have such civil rights at law or equity as Airport owner and operator and as persist under agreements now or hereafter in effect between it and Persons having legal authority over and control of the operation of an aircraft to, at or from the Airport,including lease agreements. SECTION 5- SAVING CLAUSE. If any part,provision or provisions of this Ordinance shall be held to be unconstitutional or otherwise illegal, such unconstitutionality or illegality shall not effect the validity of remaining parts of the Ordinance, and the Commission hereby declares that it would have passed the remaining parts of this Ordinance in any event,had it known that such part,provision or provisions might be unenforceable because unconstitutional or illegal. SECTION 6 — REPEALER. As of the effective date of this Ordinance, the Commission's Ordinance No. 51 is repealed except as provided herein. SECTION 7-EFFECTIVE DATE. This Ordinance shall be of full force and effect immediately upon adoption of this Ordinance and upon filing of same with proof of publication with the Secretary of State of the State of Minnesota. g L1 D_ EXHIBIT 2 SUPPLMENT TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT, EXPANSION OF FLYING CLOUD AIRPORT (AUG. 2001) (WITHOUT APPENDICES) L43 EXHIBIT 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.02- • RESOLUTION REPEALING RESOLUTIONS No.88-299 and 92-124 WHEREAS, the Metropolitan Airports Commission (hereinafter "MAC") owns and operates Flying Cloud Airport; and WHEREAS, Flying Cloud Airport is located entirely within the geographic and jurisdictional boundaries of the City of Eden Prairie; and WHEREAS, on January 16, 1978, MAC adopted Ordinance No. 51, which prohibited the operation of jet aircraft at Flying Cloud Airport except jet aircraft with a maximum takeoff weight of 20,000 pounds or less; and WHEREAS, MAC has proposed to expand Flying Cloud Airport for the purpose of diverting more general aviation traffic to the Airport by, among other improvements, extending the length of the two parallel runways and developing property for new hangar construction; and WHEREAS, by public statements and other actions, including the adoption of Resolution No. 88-299, adopted December 20, 1988 and Resolution No. 92-124, adopted June 2, 1999 Eden Prairie has opposed the expansion of Flying Cloud Airport because of the noise and other environmental consequences projected to result from such expansion; and WHEREAS, the Eden Prairie City Council and the MAC Commission have approved that certain FINAL AGREEMENT CONCERNING FLYING CLOUD AIRPORT AND ORDINANCE 51, dated December 2002 (hereinafter the "Final Agreement") which concerns the expansion of the Flying Cloud Airport and the amendment of MAC Ordinance 51; WHEREAS, the Final Agreement is not effective unless, among other matters, MAC adopts Ordinance 97 as an amendment to Ordinance 51 and the City repeals Resolution 88-299 and Resolution 92-124;and WHEREAS, on December 16, 2002 MAC adopted Ordinance 97 as an amendment to Ordinance 51 as set forth in the Final Agreement. qL NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL, THAT: Resolution 88-299 and Resolution 92-124 are hereby repealed. ADOPTED by the Eden Prairie City Council on December 17, 2002. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT 4 CTTY OF EDEN PRAIRIE COMPREHENSIVE PLAN UPDATE CHAPTER 2: VISION,GOALS AND POLICIES AVIATION GOALS AVIATION Promote land use compatibility between Flying Cloud Airport and GOAL 1 surrounding land uses. Policies The City shall: 1. Review proposed development on land proximate to the airport,and notify the Metropolitan Airports Commission of any proposals, to determine consistency between proposed development and the airport with respect to safety and noise. 2. Support implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie and the Metropolitan Airports Commission entered into on December 17,2002. 3. Support maintaining the Flying Cloud Airport as a "minor use" airport not improved beyond the design criteria of this functional classification. AVIATION Minimize the impact of aircraft noise upon noise-sensitive land uses. GOAL2 • Policies The City shall: 1. Support the Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise for new development. 2. Support implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance No. 51 Between the City of Eden Prairie and the Metropolitan Airports Commission entered into on December 17,2002. Qf 3. Encourage and support the noise abatement programs for the airport. AVIATION Support action by the Metropolitan Airports Commission to protect GOAL 3 land areas within defined State Safety Zones. Policies The City shall: 1. Support the Metropolitan Airports Commission in acquiring undeveloped property at fair market value impacted by State Safety Zones A and B if applied to Flying Cbud Airport. 2. Support payments in lieu of taxes to recover lost City revenue that would be realized if acquired land were developed for private, commercial uses. AVIATION Protect all primary, horizontal, conical approach, transitional and GOAL 4 general airspace from vertical intrusions. Policies The City shall: 1. Review development proposals based on meeting FAA and MnDOT Office of Aeronautics airspace criteria. 2. Notify the FAA, MnDOT Office of Aeronautics, and Metropolitan Airports Commission of any development proposals that may involve review of FAA and MnDOT Office of Aeronautics airspace criteria. AVIATION Establish and implement a Design Framework Manual for existing GOAL 5 and new development at Flying Cloud Airport. Policies The City shall: 1. Support extension of municipal sanitary sewer and water to the airport. 2. Develop guidelines for architectural continuity for new building and hangar construction, including guidelines for signs, lighting, and screening of trash areas. 3. Work to eliminate or replace deteriorating first generation hangar buildings. 4. Support landscaping improvements on airport property to help mitigate noise and visual impacts to neighboring properties. CITY OF EDEN PRAIRIE COMPREHENSIVE PLAN UPDATE CHAPTER 6: AIRPORT ELEMENT 6.1 INTRODUCTION Flying Cloud Airport is one of six metropolitan reliever airports owned and operated by the Metropolitan Airports Commission (MAC). It is located in south central Eden Prairie along the Minnesota River bluffs. The MAC acquired the airport in 1947 when it consisted of 134 acres. Today, the airport contains 780 acres,representing 3.45% of the City's total land area. The airport is classified as a General Utility Airport by the Federal Aviation Administration (FAA) and a Minor airport by the Metropolitan Council. In 2000, the Minnesota Legislature passed a law prohibiting the MAC from expanding any metropolitan system airport from a Minor to an Intermediate classification without legislative approval. A Minor airport is defined as an airport with primary runway not exceeding 5,000 feet in length. There are two parallel east/west hard-surfaced runways 3,600 feet and 3,900 feet in length, and one north/south hard-surfaced runway 2,700 feet in length. Runways are lighted for night use and use various approach lighting aids. The airport is tower controlled and uses a full instrument approach landing system. MAC reported 234,475 aircraft operations at the airport in 1999 by piston- and turbine-powered aircraft. Services at the airport consist of aircraft charter, aircraft sales and rental, aircraft maintenance and storage, and flight training programs. No municipal sanitary sewer or water service is provided to the airport. Individual private septic systems and wells are currently in use. In 1978, the MAC adopted a weight restriction for the airport known as Ordinance 51. It prohibits all turbojet aircraft operations except those with a 20,000 pound maximum take off weight (MTOW) or less that can meet noise emission levels of Federal Aviation Regulation Part 36. In 1999, the Federal Aviation Administration advised MAC that Ordinance 51 may violate MAC's contractual obligation to provide public access to the airport on reasonable terms and without unjust discrimination. This Airport Element discusses the City's land use policies relating to the airport, including, in particular, currently proposed airport expansion. The City has entered into an agreement with MAC, described herein, that it believes will mitigate the potential adverse environmental consequences of the expansion and promote land use compatibility. 6.2 LAND USE COMPATIBILITY "aL 3 The City intends that land uses surrounding the airport be compatible with the airport and vice versa. Airport impacts that would affect land use compatibility include noise and safety. __ Land use to the north of the airport, along CSAH 1,is mainly Public Open Space and Low Density Residential,with some Medium Density Residential and Industrial use. To the south is the Minnesota River Valley,which is Public Open Space. To the east of the airport,most of the land use is Low Density Residential, and Public Open Space, including Homeward Hills Park. The landfill adjacent to TH 212, guided Industrial, is permanently closed and now compatible with the airport. Land use to the west is generally Low Density Residential, Church, and Public Open Space to accommodate runway approach zones. To the southwest, land use is Office, Medium Density Residential, Low Density Residential, and Public Open Space. The Office use serves as an important land use buffer between the airport and the residential uses. The MAC proposes to acquire land to the east, west and southwest of the existing airport to accommodate a proposed runway expansion plan and to further land use compatibility. The City has revised the Land Use Guide Plan for 2000-2020 to show this area guided for Airport use. In addition to the aviation functions and facilities at Flying Cloud Airport, seaplane activities are occurring on Lake Riley and Bryant Lake. To the City's knowledge, all seaplane operations are in conformance with the Minnesota Department of Transportation Rules and Regulations. 6.3 AIRCRAFT NOISE ZONES The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise indicate that a Day-Night Sound Level (DNL) of 65 dBA represents the threshold of significant impact for noise-sensitive land uses. The Metropolitan Council also considers noise-sensitive land uses in the DNL 60-65 dBA contour as potentially incompatible with aircraft noise. Four aircraft noise exposure zones (NEZ) are defined within the noise exposure map for determining land use compatibility. The noise exposure map is based on MAC's Long-Tern Comprehensive Plan approved by the Metropolitan Council in1996. • NEZ 1 contains the land within the DNL 75+ dBA noise contour. This zone does not apply to Flying Cloud Airport. • NEZ 2 contains the land within the DNL 70-75 dBA noise contour. This zone is contained D within airport property. • NEZ 3 contains the land within the DNL 65-70 dBA noise contour. The noise in this zone can be categorized as significant. • NEZ 4 contains the land within the DNL 60-65 dBA noise contour. The City finds that noise in this zone also can be considered significant. Figure 6.1 shows the noise zones for the Flying Cloud airport and how they overlay land uses. Eden Prairie has adopted by reference the Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise for new development. In addition,the City will notify MAC of any public hearing at which the City will consider amending the Eden Prairie Comprehensive Guide Plan to permit development of residences on any property that is shown in the then-current Comprehensive Guide Plan as being exposed to Airport noise in excess of DNL 60 dBA. 6.4 AIRSPACE AND LAND USE SAFETY ZONES Formal safety zones for the airport to reflect State standards can be created only by creation of a zoning authority by MAC or a joint, zoning authority of MAC and Eden Prairie. The MAC has not created the zoning authority permitted by state law to control development in these areas. Eden Prairie and MAC have been unable to reach an agreement on a joint zoning authority due to unresolved liability issues. The MAC and Eden Prairie nevertheless use the safety zones for planning purposes. Figure 6.2 shows the boundaries of the safety zones for the existing airport. • Safety zone A is a "no build" zone. It is two-thirds the length of the runway and is to be maintained free of structures. • Safety zone B is a "limited development" zone. It is one-third the length of the runway and the minimum lot size is to be three acres. • Safety zone C is a "height limitation" zone. It is based on the primary, horizontal, approach, transition, and conical zones as shown in the airport zoning height map. The MAC and Eden Prairie have taken several steps to ensure the safe operation of the Airport consistent with these state standards. MAC is acquiring the property potentially impacted by safety ames A and B to maintain clear approach corridors to the airport. The City works with FAA and Minnesota Department of Transportation guidelines to protect safety zone C, including all primary, horizontal, conical approach, transitional, and general airspace from vertical D5 I intrusions by reviewing development proposals for consistency with FAA and MnDOT Office of Aeronautics airspace criteria. The City's zoning ordinance contains height limits ranging between 30 and 45 feet, depending on the zoning district. Towers and antennas may be higher. All development proposals are reviewed based on the airport zoning height map, as shown in Figure 6.3. Any height request that may potentially impact the airport height restrictions is submitted to the FAA,MnDOT Office of Aeronautics and MAC for their review. 6.5 PROPOSED EXPANSION OF FLYING CLOUD AIRPORT The MAC is proposing to expand Flying Cloud Airport by extending the two parallel runways and constructing additional hangar space. Runway 9L/27R would be extended from 3,600 feet to 3,900 feet,and Runway 9R/27L would be extended from 3,900 feet to 5,000 feet. MAC proposes to acquire a total of 280 acres to protect the expanded runway approach safety zone area and to accommodate the additional hangar space. The MAC has already acquired much of this property. MAC predicted in August 2001 that 302,982 aircraft operations would occur in 2010 if the proposed improvements were made. Figure 6.4 shows the proposed expanded airport. City policy supports only those changes in the airport that would retain the airport's fundamental character. Without mitigation, extending the runways, building new hangars, and abandoning the weight limit for turbojet aircraft would be a fundamental change in the character of the airport. The City and MAC have executed a Final Agreement Concerning Flying Cloud Airport And MAC Ordinance No. 51 (December 17, 2002). The City fmds that the commitments contained in the Final Agreement will mitigate the potential adverse environmental consequences of the expansion and maintain the character of the airport. On this basis, the City withdrew its opposition to the proposed airport expansion. The mandatory and voluntary restrictions set forth in the Final Agreement include: 1. Mandatory restrictions on nighttime maintenance run-ups,and operation by aircraft weighing more than 60,000 pounds certified maximum gross take off weight. 2. Commitments by MAC not to increase the pavement strength, increase the runway length, or seek a certificate to accommodate commercial passenger service at the airport. 3. Development of a sound insulation program to test, and insulate where appropriate, residences exposed to noise in excess of DNL 60 dBA. 4. Adoption by MAC of a voluntary restraint on nighttime operations and recommendations for reducing the noise of early morning departures. 5. Adoption by MAC of a voluntary restraint on operations by Stage 2 aircraft and a commitment to pursue a ban on all Stage 2 aircraft if operations exceed a specific limit. 6.6 IMPLEMENTATION STRATEGIES Land Use Compatibility: The City will promote land use compatibility for lands surrounding Flying Cloud Airport by reviewing all proposed development in areas surrounding the airport for consistency with the airport and by periodically reviewing its land use plans and policies. Eden Prairie shall notify MAC of any public hearing at which Eden Prairie will consider amending the Eden Prairie Comprehensive Guide Plan to permit development of residences on any property that is shown in the then-current Comprehensive Guide Plan as being exposed to Airport noise in excess of DNL 60 dBA. Aircraft Noise: The City supports the Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise for new development. The City will work toward minimizing the impact of aircraft noise upon noise-sensitive land uses by encouraging and supporting noise abatement programs for the airport. As part of the Final Agreement, MAC will develop a methodology agreed upon by MAC and the City,to determine existing exterior to interior noise reduction level. In the event a residence has an exterior to interior noise attenuation of less the 20dBA, MAC shall provide sound insulation to achieve a noise reduction of at least 20dBA. No residence for which building permits were issued on or after December 4, 2001 shall be eligible to receive testing or sound insulation. Safety Issues: The City will work within existing FAA and MAC guidelines to protect all primary, horizontal, conical approach, transitional, and general airspace from vertical intrusions by reviewing development proposals based on meeting FAA and MnDOT Office of Aeronautics airspace criteria. The City will notify the FAA, MnDOT Office of Aeronautics and MAC of any development proposals that may involve review of FAA and MnDOT Office of Aeronautics airspace criteria. Any sponsor who proposes any construction or alteration that would exceed a height of 200 feet above ground level at the site, or any construction or alteration of greater height than an imaginary surface extending upward and outward at a slope of 100:1 from the nearest point of the nearest runway of a public airport shall notify the Commissioner of MnDOT Office of Aeronautics. Municipal Sanitary Sewer and Water Service:It is anticipated that municipal sanitary sewer and water will be extended to the airport in 2003. Heliports: No heliports exist in the City. It is anticipated that if any heliport planning or construction occurs in the City, it will take place at Flying Cloud Airport. Design Issues: The City will seek to work with the MAC to establish and implement a Design Framework Manual for new development at Flying Cloud Airport. The Framework would include guidelines for architectural continuity for new building and hangar construction, including guidelines for signs, lighting, and screening of trash areas. The City will support landscaping improvements on airport property to help mitigate noise and visual impacts to neighboring properties. 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I ,.., coe --._,Imo,1— _ ,001.. ass Ext033 5 Address List Flying Mod Airport PIN HOUSE NUM STREET POST CITY ZIP 1 2611622230001 12661 PIONEERTR EDEN PRAIRIE 55347 2 2611622280005 12701 PIONEERTR EDEN PRAIRIE 55347 3 2611622230019 9715 WOODRIDGE DR EDEN PRAIRIE 55347 4 2611622230020 9731 WOODRIDGE DR EDEN PRAIRIE 55347 5 2611622230021 9747 WOODRIDGE DR EDEN PRAIRIE 55347 6 2611622230022 9763 WOODRIDGE DR-- EDEN PRAIRIE 55347 7 2611629230023 9779 WOODRIDGE DR EDEN PRAIRIE 55347 8 2611622230024 9795 WOODRIDGE DR EDEN PRAIRIE 55347 9 2611629230025 9811 WOODRIDGE DR EDEN PRAIRIE 55347 10 2611622230026 9788 TREE FARM RD EDEN PRAIRIE 55347 11 2611622230027 9772 TREE FARM RD EDEN PRAIRIE 55347 12 2611622230028 9756 TREE FARM RD EDEN PRAIRIE 55347 13 2611622230029 9740 TREE FARM RD EDEN PRAIRIE 55347 14 2611622230030 9724 TREE FARM RD EDEN PRAIRIE 55347 15 2611622230031 9708 TREE FARM RD EDEN PRAIRIE 55347 16 2611622230032 9692 TREE FARM RD EDEN PRAIRIE 55347 17 2611622230033 9676 TREE FARM RD EDEN PRAIRIE 55347 18 2611622230034 9660 TREE FARM RD EDEN PRAIRIE 55347 19 2611622230045 9690 WOODRIDGE DR EDEN PRAIRIE 55347 20 26116222:10046 9708 WOODRIDGE DR EDEN PRAIRIE 55347 21 2611622230047 9726 WOODRIDGE DR EDEN PRAIRIE 55347 22 2611622230048 9744 WOODRIDGE DR EDEN PRAIRIE 55347 23 2611622230049 9762 WOODRIDGE DR EDEN PRAIRIE 55347 24 2611622230050 9778 WOODRIDGE DR EDEN PRAIRIE 55347 25 2611622230051 9794 WOODRIDGE DR EDEN PRAIRIE 55347 26 2611622230052 9810 WOODRIDGE DR EDEN PRAIRIE 55347 27 2611622230053 9826 WOODRIDGE DR EDEN PRAIRIE 55347 28 2611622230054 9791 TREE FARM RD EDEN PRAIRIE 55347 29 2611622230055 9775 TREE FARM RD EDEN PRAIRIE 55347 30 2611622230056 9759 TREE FARM RD EDEN PRAIRIE 55347 31 2611622230057 9743 TREE FARM RD EDEN PRAIRIE 55347 32 2611622230058 9727 TREE FARM RD EDEN PRAIRIE 55347 33 2611622230059 9711 TREE FARM RD EDEN PRAIRIE 55347 34 2611622230060 9695 TREE FARM RD EDEN PRAIRIE 55347 35 2611622230061 9679 TREE FARM RD EDEN PRAIRIE 55347 36 2611622230062 9663 TREE FARM RD EDEN PRAIRIE 55347 37 2611622240056 12295 OXBOW DR EDEN PRAIRIE 55347 38 2611622240057 12315 OXBOW DR EDEN PRAIRIE 55347 39 2611622310011 12175 OXBOW DR EDEN PRAIRIE 55347 40 2611622310012 12195 OXBOW DR EDEN PRAIRIE 55347 41 2611622310013 12215 OXBOW DR EDEN PRAIRIE 55347 42 2611622310014 12235 OXBOW DR EDEN PRAIRIE 55347 43 2611622310016 12275 OXBOW DR EDEN PRAIRIE 55347 44 2611622310029 12255 OXBOW DR EDEN PRAIRIE 55347 45 2611622320002 9827 WOODRIDGE DR EDEN PRAIRIE 55347 46 2611622320003 9843 WOODRIDGE DR EDEN PRAIRIE 55347 47 2611622320004 9839 JEDLICKA CT EDEN PRAIRIE 55347 48 2611622320005 9851 JEDLICKA CT EDEN PRAIRIE 55347 49 2611622320006 9863 JEDLICKA CT EDEN PRAIRIE 55347 50 2611622320007 9887 JEDLICKA CT EDEN PRAIRIE 55347 51 2611622320008 9894 JEDLICKA CT EDEN PRAIRIE 55347 52 2611622320009 9878 JEDLICKA CT EDEN PRAIRIE 55347 53 2611622320010 9862 JEDLICKA CT EDEN PRAIRIE 55347 54 2611622320011 9900 TREE FARM RD EDEN PRAIRIE 55347 55 2611622320012 9884 TREE FARM RD EDEN PRAIRIE 55347 56 2611622320013 9868 TREE FARM RD EDEN PRAIRIE 55347 57 2611622320014 9852 TREE FARM RD EDEN PRAIRIE 55347 58 2611622320015 9836 TREE FARM RD EDEN PRAIRIE 55347 59 2611622320016 9820 TREE FARM RD EDEN PRAIRIE 55347 60 2611622320017 9804 TREE FARM RD EDEN PRAIRIE 55347 61 2611622320018 9842 WOODRIDGE DR EDEN PRAIRIE 55347 62 2611622320019 9903 TREE FARM RD EDEN PRAIRIE 55347 63 2611622320020 9871 TREE FARM RD EDEN PRAIRIE 55347 64 2611622320021 9823 TREE FARM RD EDEN PRAIRIE 55347 65 2611622320022 9807 TREE FARM RD EDEN PRAIRIE 55347 66 2611622330004 12392 CHESHOLM LA EDEN PRAIRIE 55347 67 2611622330005 12426 CHESHOLM LA EDEN PRAIRIE 55347 68 2611622330006 12325 CHESHOLM LA EDEN PRAIRIE 55347 69 2611622330007 12359 CHESHOLM LA EDEN PRAIRIE 55347 70 2611622330008 12393 CHESHOLM LA EDEN PRAIRIE 55347 71 2611622330009 10087 KIERSTEN PL EDEN PRAIRIE 55347 72 2611622330010 12500 ALISE PL EDEN PRAIRIE 55347 73 2611622330011 12484 ALISE PL EDEN PRAIRIE 55347• 74 2611622330012 12468 ALISE PL EDEN PRAIRIE 55347 75 2611622330013 12452 ALISE PL EDEN PRAIRIE 55347 76 2611622330014 12436 ALISE PL EDEN PRAIRIE 55347 77 2611622330015 12433 AUSE PL EDEN PRAIRIE 55347 78 2611622330016 12449 ALISE PL EDEN PRAIRIE 55347 Ext35Address List Flying Cloud Airport PIN HOUSE NUM __ STREET POST CITY ZIP 79 2611622330017 12465 ALISE PL EDEN PRAIRIE 55347 80 2611622330018 12481 ALISE PL EDEN PRAIRIE 55347 81 2611622330019 12497 ALISE PL EDEN PRAIRIE 55347 82 2611622330020 10135 KIERSTEN PL EDEN PRAIRIE 55347 83 2611622330021 10147 KIERSTEN PL EDEN PRAIRIE 55347 84 2611622330022 - 12532 SILVERWOOD DR EDEN PRAIRIE - 55347 85 2611622330023 12498 SILVERWOOD DR EDEN PRAIRIE 55347 86 2611622330024 12464 SILVERWOOD DR EDEN PRAIRIE 55347 87 2611622330025 10100 KIERSTEN PL EDEN PRAIRIE 55347 88 2611622330026 10112 KIERSTEN PL EDEN PRAIRIE 55347 89 2611622330027 10124 KIERSTEN PL EDEN PRAIRIE 55347 90 2611622330028 10136 KIERSTEN PL EDEN PRAIRIE 55347 91 2611622330029 10148 KIERSTEN PL EDEN PRAIRIE 55347 92 2611622330030 10160 KIERSTEN PL EDEN PRAIRIE 55347 93 2611622330031 10172 KIERSTEN PL EDEN PRAIRIE 55347 94 2611622340035 12155 CHESHOLM LA EDEN PRAIRIE 55347 95 2611622340039 10398 GREYFIELD CT EDEN PRAIRIE 55347 96 2611622340040 10395 GREYFIELD CT EDEN PRAIRIE 55347 97 2611622340044 12222 CHESHOLM LA EDEN PRAIRIE 55347 98 2611622340045 12256 CHESHOLM LA EDEN PRAIRIE 55347 99 2611622340046 12290 CHESHOLM LA EDEN PRAIRIE 55347 100 2611622340048 12358 CHESHOLM LA EDEN PRAIRIE 55347 101 2611622340049 12189 CHESHOLM LA EDEN PRAIRIE 55347 102 2611622340050 12223 CHESHOLM LA EDEN PRAIRIE 55347 103 2611622340051 12257 CHESHOLM LA EDEN PRAIRIE 55347 104 2611622340053 12420 ALISE PL EDEN PRAIRIE 55347 105 2611622340054 12417 ALISE PL EDEN PRAIRIE . 55347 106 2711622120004 13390 PIONEER TR EDEN PRAIRIE 55347 107 2711622130001 13420 PIONEER TR EDEN PRAIRIE 55347 108 2711622130002 13380 PIONEER TR EDEN PRAIRIE 55347 109 2711622140006 12880 PIONEER TR EDEN PRAIRIE 55347 110 2711622140010 13090 PIONEER TR EDEN PRAIRIE 55347 111&112 2711622140033 12829 PIONEER TR EDEN PRAIRIE 55347 113&114 2711622140034 12813 PIONEER TR EDEN PRAIRIE 55347 115 3511622210070 10390 GREYFIELD CT EDEN PRAIRIE 55347 116 3511622210089 10247 MOOER LA EDEN PRAIRIE 55347 117 3511622210090 10233 MOOER LA EDEN PRAIRIE 55347 118 3511622210091 10219 MOOER LA EDEN PRAIRIE 55347 119 3511622210092 10205 MOOER LA EDEN PRAIRIE 55347 120 3511622210093 10228 MOOER LA EDEN PRAIRIE 55347 121 3511622210094 10242 MOOER LA EDEN PRAIRIE 55347 122 3511622210095 10256 MOOER LA EDEN PRAIRIE 55347 123 3511622210118 10394 GREYFIELD CT EDEN PRAIRIE 55347 124 3511622220002 10200 MOOER LA EDEN PRAIRIE 55347 125 3511622220003 10214 MOOER LA EDEN PRAIRIE 55347 126 3511622220004 10283 WINTER PL EDEN PRAIRIE 55347 127 3511622220005 10279 WINTER PL EDEN PRAIRIE 55347 128 3511622220006 10275 WINTER PL EDEN PRAIRIE 55347 129 3511622220007 10271 WINTER PL EDEN PRAIRIE 55347 130 3511622220008 10268 WINTER PL EDEN PRAIRIE 55347 131 3511622220009 10272 WINTER PL EDEN PRAIRIE 55347 132 3511622220010 10276 WINTER PL EDEN PRAIRIE 55347 133 3511622220011 10284 WINTER PL EDEN PRAIRIE 55347 134 3511622220012 10286 WINTER PL EDEN PRAIRIE 55347 135 3511622220019 12528 SANDY POINT RD EDEN PRAIRIE 55347 136 3511622220020 12546 SANDY POINT RD EDEN PRAIRIE 55347 137 3511622220021 12564 SANDY POINT RD EDEN PRAIRIE 55347 138 3511622220022 12582 SANDY POINT RD EDEN PRAIRIE 55347 139 3511622220023 12600 SANDY POINT RD EDEN PRAIRIE 55347 140 3511622220024 12618 SANDY POINT RD EDEN PRAIRIE 55347 141 3511622220025 12636 SANDY POINT RD EDEN PRAIRIE 55347 142 3511622220026 12654 SANDY POINT RD EDEN PRAIRIE 55347 143 3511622220112 10184 KIERSTEN PL EDEN PRAIRIE 55347 144 3511622220113 10196 KIERSTEN PL EDEN PRAIRIE 55347 145 3511622220114 10208 KIERSTEN PL EDEN PRAIRIE 55347 146 3511622220115 10220 KIERSTEN PL EDEN PRAIRIE 55347 147 3511622220116 10232 KIERSTEN PL EDEN PRAIRIE 55347 148 3511622220118 10225 KIERSTEN PL EDEN PRAIRIE 55347 149 3511622220119 10213 KIERSTEN PL EDEN PRAIRIE 55347 150 3511622220120 10201 KIERSTEN PL EDEN PRAIRIE 55347 151 3511622220123 10177 KIERSTEN PL EDEN PRAIRIE 55347 152 3511622220124 12535 SILVERWOOD DR EDEN PRAIRIE 55347 153 3511622220125 12501 SILVERWOOD DR EDEN PRAIRIE 55347 154 3511622220126 12467 SILVERWOOD DR EDEN PRAIRIE 55347 155 3511622220127 12433 SILVERWOOD DR EDEN PRAIRIE 55347 156 2611622330035 10075 KIERSTEN PLACE EDEN PRAIRIE 55347 157 2611622330040 12494 CHESHOLM LANE EDEN PRAIRIE 55347 0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA - - - -- - - RESOLUTIONNO_ 02- -- RESOLUTION ADOPTING FINAL AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION WHEREAS, the Metropolitan Airports Commission (hereinafter "MAC") owns and operates Flying Cloud Airport; and WHEREAS, Flying Cloud Airport is located entirely within the geographic and jurisdictional boundaries of the City of Eden Prairie (hereinafter"City"); and WHEREAS, MAC has proposed to expand Flying Cloud Airport for the purpose of diverting more general aviation traffic to the Airport by, among other improvements, extending the length of the two parallel runways and developing property for new hangar construction; and WHEREAS, the City and the MAC have negotiated the terms of that certain FINAL AGREEMENT CONCERNING FLYING CLOUD AIRPORT AND ORDINANCE 51, dated December 2002 (hereinafter the "Final Agreement") which concerns the expansion of the Flying Cloud Airport and the amendment of MAC Ordinance 51; NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL,THAT: The Final Agreement is hereby approved and the Mayor and City Manager are authorized to executed the same. ADOPTED by the Eden Prairie City Council on December 17,2002. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta, City Clerk 4 3c) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 02- RESOLUTION REPEALING RESOLUTIONS No. 88-299 and 92-124 WHEREAS, the Metropolitan Airports Commission (hereinafter "MAC") owns and operates Flying Cloud Airport; and WHEREAS, Flying Cloud Airport is located entirely within the geographic and jurisdictional boundaries of the City of Eden Prairie; and WHEREAS, on January 16, 1978, MAC adopted Ordinance No. 51, which prohibited the operation of jet aircraft at Flying Cloud Airport except jet aircraft with a maximum takeoff weight of 20,000 pounds or less; and WHEREAS, MAC has proposed to expand Flying Cloud Airport for the purpose of diverting more general aviation traffic to the Airport by, among other improvements, extending the length of the two parallel runways and developing property for new hangar construction; and WHEREAS, by public statements and other actions, including the adoption of Resolution No. 88-299, adopted December 20, 1988 and Resolution No. 92-124, adopted June 2, 1999 Eden Prairie has opposed the expansion of Flying Cloud Airport because of the noise and other environmental consequences projected to result from such expansion; and WHEREAS, the Eden Prairie City Council and the MAC Commission have approved that certain FINAL AGREEMENT CONCERNING FLYING CLOUD AIRPORT AND ORDINANCE 51, dated December 2002 (hereinafter the "Final Agreement") which concerns the expansion of the Flying Cloud Airport and the amendment of MAC Ordinance 51; WHEREAS, the Final Agreement is not effective unless, among other matters, MAC adopts Ordinance 97 as an amendment to Ordinance 51 and the City repeals Resolution 88-299 and Resolution 92-124; and WHEREAS, on December 16, 2002 MAC adopted Ordinance 97 as an amendment to Ordinance 51 as set forth in the Final Agreement. NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL, THAT: Resolution 88-299 and Resolution 92-124 are hereby repealed. ADOPTED by the Eden Prairie City Council on December 17,2002. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta,City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION ADOPTING CHAPTER 6-AIRPORT ELEMENT AND AMENDMENTS TO THE AVIATION GOALS SECTION OF CHAPTER 2 OF THE 2002 COMPREHENSIVE GUIDE PLAN UPDATE WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Guide Plan("Plan"); and WHEREAS, the Community Planning Board has reviewed the Airport Element of the Comprehensive Guide Plan Update and recommended approval of the plan to the City Council on May 13, 2002, and WHEREAS,the City Council did consider the request on December 17,2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts Chapter 6 - Airport Element and Aviation Goals section of Chapter 2 of the 2002 Comprehensive Guide Plan Update. • FURTHER, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby affirms, appoints, approves and ratifies the Minneapolis Star Tribune as the designated official newspaper for purposes of publication of the notice of the public hearing on this matter. ADOPTED by the City Council of the City of Eden Prairie this 17th day of December, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions December 17,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. City Attorney Flying Cloud Airport • B Requested Actions: Adopt Resolution approving Memorandum of Understanding Concerning Cooperative Solutions to Infrastructure,Right-of-Way/Easement and Park Needs between the City of Eden Prairie and the Metropolitan Airports Commission Regarding Flying Cloud Airport. Synopsis: The City and the MAC have been negotiating the terms of a Memorandum of Understanding regarding infrastructure, right-of-way/easement and park needs (hereinafter "Infrastructure MOU").The negotiations grew out of discussions between former Mayor Jean Harris and Jeff Hamiel,Executive Director of the Metropolitan Airports Commission who met in the fall of 2001 and agreed upon the framework for resolution of a variety of issues between the City and MAC. The attached Infrastructure MOU addresses a significant portion of the issues identified by the Mayor and the Executive Director of the MAC. Background: The Infrastructure MOU addresses cooperative solutions regarding outstanding infrastructure,assessment,right-of-way/easement,and park land issues all relating to the Flying Cloud Airport. The Infrastructure MOU accomplishes the following: 1. Easements for Charlson Area Improvements. MAC agrees to convey certain right-of-way and/or easements necessary for the Charlson Area Improvements. The City agrees that the MAC will not be subject to certain special assessments and agrees not to levy additional trunk sewer and water assessments against MAC-owned property assembled for protection by MAC of the Flying Cloud Airport. 2. TH 212 and Pioneer Trail Utilities.MAC agrees to loop its water main through the airport to meet fire flow/safety requirements and to dedicate easements for maintenance and repair by the City.The City agrees to construct and finance water main connections under Pioneer Trail and 212 and in addition,reimburse MAC for expenses MAC incurs in extending the water main beyond where it is necessary to serve MAC.Further,each party is responsible for one half the full cost to install an eight inch water main along Pioneer Trail and Eden Prairie will reimburse MAC for the cost of oversizing the water main from eight inches to twelve inches. 3. SAC/WAC Fees. The Infrastructure MOU provides a framework under which Eden Prairie will charge noncommercial tenants at the airport for SAC-WAC. 4. Airport Drainage and Water Quality Facilities. The Infrastructure MOU provides for the design and construction of ponding facilities to accommodate airport drainage and water quality needs. 5. Future right-of-way for CSAH1.MAC agrees to cooperate with Hennepin County at a future date to provide right-of-way at no monetary cost for the expansion of CSAH1 (Pioneer Trail). 6. Trunk Assessments.The Infrastructure MOU provides the basis for the City collecting trunk sewer and water assessments for existing airport property. 7. Hustad Property/Adkins Property Special Assessments. MAC agrees to provide, subject to FAA approval for compliance with land release and revenue diversion policies,a permanent easement in favor of the City for park and open space purposes over land acquired by MAC from Hustad and Adkins,compromising approximately 42 acres.The City agrees not to levy pending special assessments estimated at$1,140,685 as proposed in the Charlson Feasibility Study against MAC property acquired from Hustad. 8. Storm Water Utility Fees. MAC and the City agree upon the basis for the computation and payment of storm water utility fees on approximately 50 acres of property at Flying Cloud Airport. 9. City Outside Storage Facility.The Infrastructure MOU provides a framework for the City and MAC agreeing upon minimization of adverse impacts to aviation for a city-owned storage facility on the east side of TC212. 10. Flying Cloud Ball Field Expansion.Subject to FAA approval MAC agrees to lease to the City approximately an additional 25 acres adjacent to the Flying Cloud Ball Field area. This additional property,along with the existing 35 acres,will be leased on a three year renewable lease for compatible recreational purposes provided however the property is subject to recapture by MAC upon one year's written notice to the City. Cost to the City to lease the additional space will be subject to negotiation but will be in the same order of magnitude as the current lease payments for the Flying Cloud Ball Fields. Attachments: Memorandum of Understanding Concerning Cooperative Solutions to Infrastructure, Right-of- Way/Easement and Park Needs between the City of Eden Prairie and the Metropolitan Airports Commission Regarding Flying Cloud Airport. Resolution adopting Memorandum of Understanding Concerning Cooperative Solutions. MEMORANDUM OF UNDERSTANDING CONCERNING COOPERATIVE SOLUTIONS TO INFRASTRUCTURE,RIGHT-OF-WAY/EASEMENT AND PARK NEEDS BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION REGARDING FLYING CLOUD AIRPORT This Memorandum of Understanding("MOU") is entered into between the City of Eden Prairie ("Eden Prairie"or"City")and the Metropolitan Airports Commission("MAC")regarding cooperative solutions to outstanding infrastructure, assessment, right-of-way/easement and parkland issues relating to the Flying Cloud Airport. The undersigned parties believe that the elements of this MOU will establish a cooperative relationship between Eden Prairie and MAC for the compatible implementation of infrastructure improvements and private property development. In exchange for all the commitments in this MOU the parties agree as follows: Easements for Charlson Area Improvements. A. MAC RESPONSIBILITIES AND COMMITMENTS: (1) MAC shall convey right-of-way and/or easements(subject to FAA approval)in general conformance to the drawing attached as Exhibit A. (a) The areas in yellow (approximately 4 acres) shall be conveyed to Eden Prairie at no additional consideration or compensation. The undersigned recognize that this right-of-way was the subject of an agreement dated November 10, 1997 between Grace Church and Lynn L. Charlson (and successors and assigns), wherein the property owner covenanted to dedicate right-of-way for the realignment of County Road 4 at no monetary compensation. (b) The area generally highlighted in purple minus the area highlighted in red (that will be vacated), approximately 4.1 acres net, shall be conveyed to Eden Prairie. (c) MAC shall provide temporary construction easements for construction of the improvements as shown on Exhibit A at no additional compensation. The parties acknowledge that not all of the easement areas have been "final designed"but recognize that they are temporary in nature and will vary in accordance with construction needs. Conveyance of easements is subject to fmal design approval by MAC. B. EDEN PRAIRIE RESPONSIBILI I'1hS AND COMMITMENTS (1) Eden Prairie shall reimburse MAC in accordance with the following: (a) Pending special assessments for parcels labeled MAC 2 and MAC 3 (see Exhibit A) will not be levied by City. The estimated amount of these special assessments is $332,304. Trunk assessments against these two parcels will be absorbed by the City and pending local assessments from the Charlson Area Feasibility Study will be reassigned to non-MAC property as right-of-way acquisition costs. 1 (b) Except for provisions to collect trunk sewer and water assessments for current and proposed buildings on the airport property(see Paragraph 6) and in consideration and approval of all the elements of this MOU,Eden Prairie will not levy any additional trunk sewer and water assessments to MAC-owned land as assembled for development and protection of the Flying Cloud Airport. - (c) City will grant MAC a"curb cut"on Charlson Road in a manner to permit access from the Southwest corner of the south hangar area to Charlson Road in a location to be mutually agreed upon between MAC and the City. C. GENERAL (1) The final design details of the CSAH 4(Eden Prairie Road/Spring Road)alignment are subject to approval by Hennepin County and MAC. It is expected that the area of purple may be enlarged or reduced and that a corresponding enlargement or reduction in the area shown in red to be vacated may occur,but that the net acreage is expected to remain at approximately 4.1 acres. (2) Grading of the Charlson property and construction of Charlson Road including utility stub locations shall be subject to MAC approval and will be granted if the grading plans are designed to be compatible with the MAC grading plans so as not to compromise the integrity of MAC's present and known future development plans, except as provided for in that certain Settlement Agreement dated July 16, 2002 between MAC, Lynn Charlson, Pemtom and the City of Eden Prairie ("Settlement Agreement"). 2. TH 212 and Pioneer Trail Utilities. A. MAC RESPONSIBILITIES AND COMMITMENTS (1) MAC shall loop the watermain through airport property from the South Hangar area to Pioneer Trail to meet fire flow/safety requirements(established by the Fire Marshall as 2000 gallons per minute to office/industrial areas and 3000 gallons per minute to hangar areas). MAC will dedicate necessary easements for ownership, maintenance and repairs by the City. B. EDEN PRAIRIE RESPONSIBILITIES AND COMMITMENTS (1) City shall construct and finance from its Trunk Utility Fund the 16-inch watermain connection under Pioneer Trail and TH 212. (2) Eden Prairie shall reimburse MAC for expenses MAC incurs in extending watermain along TH 212/Flying Cloud Drive from the point that the waterline is necessary to serve the building area in the vicinity of the control tower to the westerly MAC property line(estimated to be approximately 300 to 500 feet). 2 (3) The Feasibility Study shall indicate the cost of an 8-inch watermain along Flying Cloud Drive to be assessed to adjacent properties with the City paying the cost to oversize to a 12-inch watermain. (4) Upon execution Eden Prairie shall finalize the Pioneer Trail/Flying Cloud Drive Area Feasibility Study, conduct the public hearing and let the contract for the portion to be constructed by Eden Prairie. C. GENERAL - . (1) Each party shall be responsible for one half of the full cost to install an 8-inch watermain along Pioneer Trail(from Staring Lake Parkway to TH212),with Eden Prairie reimbursing MAC for the cost to oversize the watermain from an 8-inch to 12-inch diameter trunk line. (2) MAC and Eden Prairie shall cooperate in the construction of the utilities as follows: (a) Eden Prairie shall hold public hearings and be responsible for managing the public process in accordance with Minnesota Statutes Chapter 429 regarding special assessment procedures. (b) Eden Prairie shall design,let and administer the phase of the construction project generally north of Pioneer Trail and including the crossing of Pioneer Trail of the proposed sanitary sewer and all of the 16-inch watermain. (c) MAC shall design,let and administer all remaining portions of the project for which Eden Prairie will reimburse MAC for costs beyond MAC's share of the project as defined in the Feasibility Study. (d) MAC shall follow all applicable public procurement and bidding requirements to meet the requirements of special assessment statutes, i.e., public bids, advertising, plan approval, change order approvals and documentation. (e) Upon completion of the MAC portion of the utilities, the City shall become owner of the trunk sanitary sewers and trunk watermains installed along Pioneer Trail and Flying Cloud Drive, including the airport loop watermain identified in Paragraph 2 A(1) above. MAC will dedicate necessary easements for maintenance and repairs by the City at City's sole cost. (f) Eden Prairie will assemble the final costs as incurred by MAC and Eden Prairie and develop the final allocation of costs in accordance with the Feasibility Study and levy applicable special assessments. 3. SAC/WAC Fees. Eden Prairie will charge non-commercial tenants (storage facilities) at the prevailing City Residential SAC/WAC rate at time of plumbing permit issuance. MCES SAC, water meters and inspection fees will also be collected at time of permit issuance at prevailing rates. Buildings utilized for commercial uses would pay at prevailing commercial SAC/WAC rates. 3 4. Airport Drainage and Water Quality Facilities. In accordance with the Settlement Agreement, the City will pursue design of the"North Pond"to be a dry pond facility subject to approval of applicable regulatory agencies.However,if the resultant facility is a pond containing a permanent water pool,the design will be developed in accordance with FAA Advisory Circular 150/500-33(5- 1-97)Section C 3-7.The parties acknowledge that the City does not have(nor conteuiplates)any special maintenance provisions that would limit waterfowl utilization of the pond.The Settlement Agreement contemplated that the North Fond will be a joint use facility and will be maintained the City of Eden Prairie at no cost to MAC,with no special waterfowl maintenance requirement. Upon application to City,MAC shall be granted such permits as are reasonably necessary for MAC to perform waterfowl maintenance and control. 5. Future Right-of-Way for CSAH 1. Subject to the conditions set forth in the second sentence of this paragraph MAC shall cooperate with Hennepin County at a future date to provide right-of-way at no monetary compensation for the anticipated expansion of CSAH 1 (Pioneer Trail)provided that the improvements do not compromise the use of the property by MAC or its tenants as determined by MAC. The conditions to MAC's cooperation are that there will be(i)no out of pocket cost or assessments to MAC,(ii)accommodation of MAC storm water,(iii)no net loss in parking spaces, (iv)fencing that may be required for relocation will be removed and replaced to provide continuous and ongoing security for the airport facility, (v) complete restoration of the airport grounds to be equal or better than existing,and(vi)final design approval by MAC. Further the parties agree that if an opportunity for a three-party cooperative agreement between MAC, Eden Prairie and Hennepin County exists for acquiring a parcel generally known as the"Sjostrand Property" as a solution for right-of-way needs in conjunction with the CSAH 1 improvements,that a mutually acceptable acquisition be pursued. 6. Trunk Assessments. Eden Prairie shall collect trunk sewer and water assessments for existing airport property(in the hangar and building area)based on the following: A. Assessments would be collected on a"fee basis"at the same time as SAC/WAC fees at time of issuance of plumbing permits. B. The amount of the assessment shall be based on dividing the gross square footage of the building by 20% and multiplying by the prevailing acreage trunk assessment rate as established on an annual basis by Eden Prairie City Council on a community-wide basis. C. All existing and proposed future buildings on the airport that will utilize sewer and water service in the future will be connected to the municipal utility system on a reasonable time schedule as established by MAC Policy for Sanitary Sewer and Water Installation at the Reliever Airports,amended as of October 16,2000,and are subject to these fees. 7. Hustad Property/Atkins Property/Special Assessments. A. MAC RESPONSIBILITIES AND COMMITMENTS (1) Subject to FAA approval for compliance with land release and revenue diversion, MAC shall provide a permanent license in favor of Eden Prairie for park and open space purposes over land acquired by MAC from "Hustad" (approximately 32 acres)and"Atkins"(approximately 10 acres). MAC shall seek such approval from the FAA immediately after receiving from Eden Prairie the utilization plan identified below in 7.B.(2). 4 T B. EDEN PRAIRIE RESPONSIBILITIES AND COMMITMENTS (1) Subject to receipt of FAA approval as provided for in 7.A.(I)above,Eden Prairie will not levy pending assessments estimated at$1,140,685 as proposed by the Charlson Area Feasibility Study against property acquired by MAC generally known as the "Hustad Property", which was the subject of a certain special assessment agreement filed as Document Number 6777956(filed in Abstract)and- -- - Document Number 2839728(filed in Torrens). Eden Prairie shall not reassign or assess these costs to any other MAC or non-MAC property. (2) Eden Prairie shall prepare a utilization plan of the park and open space area for review and approval by MAC for conformance to FAA and State Zone A and B requirements.It is understood that Eden Prairie desires to create a neighborhood park and parking lot on a portion of this site. Eden Prairie's use of the property for park and open space use shall be subject to restrictive covenants prohibiting uses other than in the approved utilization plan,which restrictive covenants shall be specifically enforceable by MAC and shall be filed against the property. (3) The permanent pond shown along the east side of Eden Prairie Road as generally depicted on Exhibit A(labeled Pond 2)will be relocated to the west side of Eden Prairie Road onto the park and open space property. The City will pursue design of the pond to be a dry pond facility subject to approval of applicable regulatory agencies.However,if the resultant facility is a pond containing a permanent water pool, the design will be developed in accordance with FAA Advisory Circular 150/500-33(5-1-97)Section C 3-7.The parties acknowledge that the City does not have (nor contemplates) any special maintenance provisions that would limit waterfowl utilization of the pond.The pond will be maintained by the City of Eden Prairie at no cost to the MAC,with no special waterfowl maintenance requirement. Upon application to City,MAC shall be granted such permits as are reasonably necessary for MAC to perform waterfowl maintenance and/or control. (4) All existing and future MAC land utilized by Eden Prairie for park and open space purposes will not be subject to cash park fees or storm water utility fee billings to MAC. 8. Storm Water Utility Fees. For purposes of computation of storm water utility fees 50.32 acres of property at Flying Cloud Airport shall be included(of which 44.32 acres are"undeveloped"and 6 acres are"developed"). The current quarterly fee for the Airport at its current level of development is$114.28. Eden Prairie shall apply the rates to the applicable acreage retroactively to the date of origination of the fee structure without penalty or interest and upon payment by MAC of the corrected amount, Eden Prairie shall direct that County Tax Records be expunged of the delinquencies currently listed. Future fees will vary as modified by City Council from time to time so long as such fees are modified on a.community--wide basis or as additional Airport Property is developed except as noted in Paragraph 7.B.(4)above. 9. City Outside Storage Facility.Eden Prairie shall provide MAC preliminary development plans for the City-owned outside storage facility along the east side of TH 212 (old theatre site)prior to implementation of improvements for advice and counsel regarding minimization of adverse impacts to airport operations prior to submission to FAA for its Airspace(Form 7460)review. 5 10. Fhvms Cloud Ball Field Expansion. Eden Pi diiie desires to expand its utilization of MAC-owned property westerly from the existing Flying Cloud Ball Field area to existing Spring Road.This would increase the acreage currently being utilized for Flying Cloud Ball Fields from approximately 31 acres to approximately 56 acres. The parties agree as follows: A. The existing Flying Cloud Ball Field Open Space and Park Area shall be converted from a year:to-year lease to a3 year renewable lease with mutually agreeable language designed to— -- — -- --- - - - provide a long term utilization of the MAC property for compatible recreational purposes, provided the property shall be subject to recapture by MAC upon one (1) year written notice to City with no monetary compensation to City. B. The 25-acre+expansion area to be provided to Eden Prairie for recreational purposes shall be incorporated in the lease arrangement as noted in a)above. C. It is understood that Eden Prairie will use the expansion area solely for soccer and ball fields and associated ancillary uses. D. Final design by Eden Prairie for the expansion area shall be subject to review and approval by MAC for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. E. The cost to the City of Eden Prairie to lease these properties shall be subject to negotiation, but shall be:(i)in the same order of magnitude as the current lease payments so long as the federal revenue diversion policy remains the same and(ii)consistent with any change made in the future to federal revenue diversion policy. 11. Right-of-Entry. The parties agree that upon execution of this MOU,MAC shall execute a right-of- entry document,which will allow Eden Prairie to construct the improvements identified generally in the Charlson Area Feasibility Study in the location of easements contemplated in Paragraph 1 of this MOU. 12. Agreements. The parties agree to enter into such further agreements necessary to carry out the intent of this MOU 13. Dispute Resolution. A. Notice of Default. At no time shall Eden Prairie or MAC be deemed to be in default under,or breach of,this MOU unless and until the other party has provided written notice to the other specifying such alleged breach or default ("Notice of Default") and such alleged breach or default has not been cured as provided in Paragraph 13.B. B. Right to Cure Default. The party who has received a Notice of Default shall have thirty (30) days in which to cure the alleged breach or default and provide notice to the other party that such alleged breach or default has been cured. C. Informal Dispute Resolution. Immediately after receipt of a Notice of Default, the Executive Director of MAC and the City Manager of Eden Prairie shall meet and attempt to resolve the matter. 6 D. Formal Mediation. If the parties fail to resolve the matter informally under Paragraph 13.0 within thirty(30)days,the parties shall submit their dispute to a mediator. The parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator,the Chief Judge of the 4th Judicial District,Hennepin County, Minnesota,shall select a mediator. The mediator shall be provided a copy of the report(s) specified in Paragraph 13.C. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator's practice, provided that the entire mediation process be concluded within 30 days of appointment of the mediator,or within such other time as the parties may agree in writing. If the mediation process fails to resolve the matter, both informal and formal dispute resolution shall be deemed to be complete. E. Costs of Alternative Dispute Resolution. Each party shall bear its own costs of the informal dispute resolution process and formal mediation process described above. The parties shall share equally the fees and expenses of the mediator. F. Dispute Resolution Process Mandatory. No action shall be commenced in any court to enforce or otherwise apply, interpret, or seek cure for a breach of, this Agreement, excluding an action requesting preliminary or temporary relief,before the completion of the informal and formal dispute resolution process set forth in this Paragraph 13. Neither party shall assert,plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. The dispute resolution provisions set forth in this Paragraph 13 shall apply only to MAC and Eden Prairie,and shall not apply to any successor in interest to either Party. G. Confidentiality. The alternative dispute resolution process described in this Paragraph 13 constitutes compromise negotiation for purposes of applicable rules of evidence. Information prepared for or disclosed during the alternative dispute resolution process shall be inadmissible in evidence pursuant to Rule 408 of the Federal Rules of Evidence or Rule 408 of the Minnesota Rules of Evidence, and shall be withheld from disclosure to the maximum extent permissible under the Minnesota Data Practices Act and other applicable laws. H. Waiver of Rights. The failure of either party to object to,or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of such violation or breach, or of any future violation, breach or wrongful conduct. Subsequent acceptance of performance under this Agreement by Eden Prairie or MAC shall not be deemed to be a waiver of any preceding breach by the other Party of the terms of this Agreement, regardless of Eden Prairie's or MAC's knowledge of such preceding breach at the time of acceptance of performance. No waiver or relinquishment of a right or power under this Agreement shall be deemed a waiver of such right or power at any other time,nor shall any failure of either party to require or exact full and complete compliance with any of the covenants or conditions of this Agreement be construed as changing in any manner the terms hereof or preventing either party from enforcing the full provisions hereof. 7 Date: ,2002 METROPOLITAN AIRPORTS COMMISSION • BY: Jeffrey W.Harniel Executive Director CITY OF EDEN PRAIRIE,MINNESOTA BY: Nancy Tyra-Lukens Mayor BY: Scott Neal City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2002,by Nancy Tyra-Lukens and Scott Neal, respectively the Mayor and City Manager,on behalf of the City of Eden Prairie,a municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 8 The foregoing instrument was acknowledged before me this day of 2002,by Jeff Hamiel,Executive Director, on behalf of the Metropolitan Airports Commission, a public corporation of the state of Minnesota. Notary Public 9 - 4* I II i ` _ TJFI RC _ %J' II I 1 = - 1 +41 i 1 I -1 Y; GRACE I _ - - - %f CHURCH i = J f ' •LL EY RD. I I f— MAC I 20-116 20-l1-- - I I 22-44 44-0026 / - ! aa] _ : : U Y N M -j---. 1 41 ;MAC i I i Ii MAC 8 I 29-116-22-11-0001 � .- ' `,: .;q 1 o� -0007 ```---\ �.�' !0.- f 29-116-22-11-0003 ``��--- _..q} '. kC 9 - 28-116-22-21-00014 �--__� w.,,,,w MAC 4 r i. MAC i "-- s �Viv 28-1I6-22-22-0003 MAC 2 I /`" - 28-116-22-22-0002 g. MAC 3 fp. `F1. Q. 28-116-22-24-0001 1 29-116-22-14-0001 MAC 5 28-1I AC 113-0001 � MAC 10 MAC 11 \1 6-1 I I i _.._.._.._.._.._.._.._.._.._.._.._rrx trs, -"- 28-116-22-24-0003 .,. MAC 12 Ct 28-116-22-23-0003 0- CHARLSON LYNN CHARLSON I. PETRON ` .7 28 16-22-23-0002 � ^;�-r SON ( C\G / . �� ' 28-116.22-24-0004 28 116-2 �,, _+ ` BENZ � X ,../r,/ • — LYNN 1 \ CHARLSON MAC EASEMENT/RW EXHIBIT — 0) REVISED 8Y EDEN PRAIRIE 7/2/02 LEGEND \ INDICATES PROPOSED ROADWAY R/W AREA GROUP, INC. (173,536.43 SO.FT., 3.98 ACRES))�y 'A' :NG GRO P, NC . o — (232,8.57.64R50. R5�35 AACRES)" DATE.5-10-01 m:e v..t IND CATESSO.PROPOSED, ROADWAY R/W AREA VACATION Imml® INDICATES TEMPORARY CONSTRUCTION EASEMENT Q INDICATES POND EASEMENT — EXHIBIT A a-13 izlitoz__ CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 02- RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING REGARDING INFRASTRUCTURE,RIGHT-OF-WAY/EASEMENT AND PARK NEEDS BETWEEN THE THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION REGARDING FLYING CLOUD AIRPORT . WHEREAS, the Metropolitan Airports Commission (hereinafter "MAC") owns and operates Flying Cloud Airport; and WHEREAS, Flying Cloud Airport is located entirely within the geographic and jurisdictional boundaries of the City of Eden Prairie(hereinafter"City"); and WHEREAS, The City and the MAC have been negotiating cooperative solutions to infrastructure, right-of-way/easement and parkland issues relating to Flying Cloud Airport; needs; and WHEREAS, the City and the MAC have negotiated the terms of that certain MEMORANDUM OF UNDERSTANDING REGARDING INFRASTRUCTURE, RIGHT-OF- WAY/EASEMENT AND PARK NEEDS BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN AIRPORTS COMMISSION REGARDING FLYING CLOUD AIRPORT(hereinafter the"Infrastructure MOU"); NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL,THAT: The Memorandum of Understanding Regarding Infrastructure, Right-of- Way/Easement and Park Needs Between the City of Eden Prairie and the Metropolitan Airports Commission Regarding Flying Cloud Airport is hereby approved and the Mayor and City Manager are authorized to executed the same. ADOPTED by the Eden Prairie City Council on December 17,2002. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta,City Clerk _ _ ;,- ,aitxjof 0 Eder Prairie 11111,1.11 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 December 16, 2002 Mr. Daniel Herbst Pemtom Land Company 7597 Anagram Drive ,-' Eden Prairie, MN 55344 Re: Traffic Study and Traffic Cap Hennepin Village Dear Mr.Herbst: City staff has been looking at alternative ways to address the traffic cap. While less office and commercial would result in less traffic, it would be at the expense of the synergy that is created by mixed use. Converting the remaining office and commercial to housing would also reduce traffic, but would be in conflict with City commitments to MAC about limiting housing near the airport. • Before making a final decision on land use it would make sense to talk with the Metropolitan Council staff after the traffic study is completed. A discussion between you, City staff, and Metropolitan Council housing and transportation staff about the benefits of mixed land use would be beneficial. This may create the opportunity to reduce the importance of the traffic cap in favor of a mixed land use that more resembles the Metropolitan Council Blueprint. Since the issue will center on the Met Council reaction to the plan, a discussion at the City Council would be premature. While these activities may lengthen the approval process, it will be in everyone's best interest to know if a requirement for regional system improvement will be made by the Met Council and what the costs and alternatives might be. In summary, our common strategy needs to be to develop the traffic study as required by the Developer Agreement February 19, 2002. It would then be appropriate to negotiate a solution with the Met Council,which should eliminate last minute surprises. Sincerely, - fC(i44t/ chael D. ranzen City Planner cc. Mayor and City Council Scott H. Neal, City Manager Eugene A. Dietz, Director of Public Works Alan Gray, City Engineer CITY COUNCIL AGENDA DATE: 12/17/02 SECTION: Petitions,Requests and Communications SERVICE AREA/DIVISION: ITEM DESCRIPTION: 1TEM NO.: Community Development Amendment to Developer Agreement Perkins ' Michael D. Fran7en Subdivision Requested Action Move to: • Adopt the Findings, Conclusions, and Order denying the amendment to Developer's Agreement for Perkins Subdivision Synopsis The City Council held a public hearing on December 3, 2002 to discuss the request by James and Raynelle Perkins to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C, paragraph XIII of the Developer's Agreement by deleting the requirement that all structures on Lot 2, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. The public hearing was closed and the City Council directed the City Attorney to prepare findings, conclusions, and order denying the request with alternatives for dealing width the gazebo. The City Council should choose one of the alternative findings regarding the gazebo. FINDING 27. Variance 2001-07 on July 12, 2001 did not change any circumstances. The gazebo was already located at a 0' setback and the District Court's order of January 2, 2001 allowed the owner of Lot 2 to make improvements and repairs to the gazebo, therefore extending its life. Variance 2001-07 neither changed the location of the gazebo, nor extended its useful life,nor compelled any improvement to it. ALTERNATIVE FINDING 27 Variance 2001-07, which allowed a 0' setback for the gazebo was an action of the City which makes it impractical for the City to require the removal of the gazebo prior to the issuance of building permits on Lots 1 and 3. The City Council should choose one of the following alternative orders. ORDER Based upon the above,the City Council hereby determines: Amendment of Developer's Agreement deleting the requirement that structures be removed from Lots 1, 2 and 3 prior to the issuance of a building permit for Lot 1 or 3 is denied. ALTERNATIVE ORDER Based upon the above,the City Council hereby determines: Amendment of Developer's Agreement deleting the requirement that structures be removed from Lots 1, 2 and 3 prior to the issuance of a building permit for Lot 1 or 3 is denied, with the exception that the City Council hereby approves an amendment to the Developer's Agreement allowing building permits to be issued for Lots 1, 2 and 3, Block 1 without removal of the gazebo on Lot 2 which was the subject of Variance Order 2001- 7. Attachments 1. Findings, Conclusions, Order CITY OF EDEN PRAIRIE RTE HENNEPIN COUNTY,IVIINNESOTA REQUEST TO AMEND DEVELOPER'S AGREEMENT FINDINGS,CONCLUSION AND ORDER FINDINGS AND CONCLUSION • 1. James and Raynell Perkins are the owners of Lot 1 and Lot 3, Block 1, Bryant Lake Heights,Hennepin County,Minnesota,herein after"The Property." 2. Nathan D. Bergeland is the owner of Lot 2, Block 1, Bryant Lake Heights, Hennepin County,Minnesota, hereinafter referred to as"Lot 2." 3. The Perkins' have petitioned the City Council for an amendment to the Developer's Agreement described hereafter allowing the issuance of building permits on Lots 1 and 3 without the necessity of removing the structures and residence situated on Lot 2. 4. On July 6, 1999, the City Council granted variances associated with a requested plat of Bryant Lake Heights which permitted a 75' setback from the ordinary high water mark of Bryant Lake on Lot 2. 5. The final plat of Bryant Lake Heights was approved by the City Council on August 17, 1999 by Resolution No.R-99-136. 6. As required by the conditions approving the final plat for Bryant Lake Heights, James and Raynell Perkins executed that certain agreement entitled "Developer's Agreement Perkins Subdivision" on or about August 3, 1999 by and between James and Raynell Perkins as Developer and the City of Eden Prairie, hereinafter referred to as "Developer's Agreement." 7. The Developer's Agreement contained as a condition thereof, the requirement that prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by city ordinances and all permits obtained through the Inspections Depaitiiient. 8. Further, the Developer's Agreement required that "The City shall not issue any building permit for the construction of any buildings, structure improvements on the property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer." 9. There is located on Lot 2 a single family residence situated approximately 37 +/- feet from the shoreline of the lake and a gazebo situated 0'from the shoreline of the lake. 10. There is located on Lot 1 an existing residence situated approximately 82 +/- feet from the shoreline of the lake. 11. Lot 3 is vacant of structures except an existing shed and tennis court. 12. Nathan Bergeland purchased Lot 2 on or about September 29, 1999 from James and Raynell Perkins pursuant to a Purchase Agreement dated August 23, 1999. 13. The variances granted by the Council on July 6, 1999 allowing a 75 foot setback from the ordinary high water mark for Lot 2 expired on July 6, 2000. 14. On or about November 9, 2000, the Developer's Agreement was filed against Lots 1 and • 3,Bryant Lake Heights. 15. On January 2, 2001, the District Court for the Fourth Judicial District in the case of Nathan Bergeland v. City of Eden Prairie issued its Findings of Fact, Conclusions of Law and Order with respect to Lot 2. The Court determined in its Memorandum of Law that there was no evidence supporting the assertion that Bergeland had actual knowledge of the Developer's Agreement. By virtue of the Court's Order, Lot 2 is not subject to the terms and conditions of the Developer's Agreement. 16. On July 12, 2001, Nathan Bergeland received approval from the Board of Adjustments and Appeals of Variance Request 2001-07 for Lot 2 of the following variances: a. 40'setback to the Ordinary High Water Level for the existing nonconforming house structure. b. Addition of a 12'x 20' deck; c. Addition of a 16'x 20'porch; d. Addition of an entrance roof and covered walkway on the north side of the house; e. Remove one-story portion of house and replace it with a two story addition at a 60' shoreland setback; f. Increase roof overhang to 3'6"; g. 0' setback to the lake's Ordinary High Water Level for the existing non- conforming gazebo structure; subject to the conditions that no building permits for the requested variance be granted until an approved septic system has been installed and that the 40 foot setback for the house be for the exiting footprint and not for any future additions. 17. On February 6, 2002, the Board of Adjustments and Appeals approved Variance 2002-02 for Lot 2 which approved a 25' variance from the 100' setback requirement for construction of a garage 75' from Bryant Lake's ordinary high water level and a 63' foot variance from the setback requirement for construction of a new house 55' from Bryant Lake's ordinary high water level. 18. The Board of Adjustments and Appeals' decision on Variance 2002-02 was reviewed by the City Council on April 9, 2002. The City Council modified the Board of Adjustment 2 and Appeals' order with respect to the setback for a new house and approved a 75' setback for a new residence to replace the existing home. 19. On July 12, 2002, the following variances in Variance Order 2001-07 (identified in paragraph 16 above)that were not used or implemented expired: b. Addition of a 12'x 20' deck; c. Addition of a 16'x 20'porch; d. Addition of an entrance roof and covered walkway on the north side of the house; e. Remove one-story portion of house and replace it with a two story addition at a 60' shoreland setback; f. Increase roof overhang to 3'6"; 20. Variances that remain in effect from Variance Order 2001-007 are: a. 40' setback to the Ordinary High Water Level for the existing nonconforming house structure; and g. 0' setback to the lake's Ordinary High Water Level for the existing non- conforming gazebo structure; 21. Petitioners contend that intervening circumstances have occurred since the plat was approved in 1999,making performance of the requirement in the Developer's Agreement that all structures be removed prior to the issuance of a building permit not feasible. Specifically, Petitioners contend that substantial changes have occurred with respect to the Property including City approval of an entirely new structure after tear down of the existing structure on April 9, 2002 (Variance 2002-02); City approval of variances allowing new structures and additions to the home on Lot 2 on July 12, 2001 (Variance 2001-07); and the District Court's order of January 2, 2001 allowing substantial construction and improvements in the proposed roof, siding and windows. 22. The City Council has been advised by the City Attorney that if a party contributes to the occurrence of an event which frustrates performance of a contract, such party cannot claim he or she is relieved of the obligation to abide by the contract. Further, the Council has been advised that an inability to develop land in a specific manner will not relieve a party of the obligation to perform if the party seeking to be so relieved contributed to or caused the event which frustrates performance. 23. Failure of Perkins to inform the owner of Lot 2 of the existence of the Developer's Agreement was the basis for the District Court finding that the owner of Lot 2 was not subject to the Developer's Agreement. 24. Perkins voluntarily transferred Lot 2 to a new owner without disclosure of the Developer's Agreement. 25. The owner of Lot 2, Block 1 has until April 9, 2003 to make use of Variance 2002-02 granting a 75'setback from the ordinary high water mark level for a construction of a new 3 residence on Lot 2. If the owner of Lot 2 chooses to demolish the existing structure on and build a new structure on Lot 2, one of the major requirements for issuance of a building permit for Lots 1 and 3 will have been met. 26. If the existing residence on Lot 2 is removed to allow the construction of a new residence on Lot 2 pursuant to the variance approved April 9, 2002, the Developer's Agreement requires removal prior to the issuance of a building permit for either Lot 1 or Lot 3 of the residence on Lot 1, the gazebo on Lot 2,and the shed and tennis court on Lot 3. 27. Variance 2001-07 on July 12, 2001 did not change any circumstances. The gazebo was already located at a 0' setback and the District Court's order of January 2, 2001 allowed the owner of Lot 2 to make improvements and repairs to the gazebo, therefore extending its life. Variance 2001-07 neither changed the location of the gazebo, nor extended its useful life,nor compelled any improvement to it. ORDER Based upon the above,the City Council hereby determines: 1. Amendment of Developer's Agreement deleting the requirement that structures be removed from Lots 1, 2 and 3 prior to the issuance of a building permit for Lot 1 or 3 is denied. 4 ALTERNATIVE FINDING 27 27. Variance 2001-07, which allowed a 0' setback for the gazebo was an action of the City which makes it impractical for the City to require the removal of the gazebo prior to the issuance of building permits on Lots 1 and 3. ALTERNATIVE ORDER Based upon the above, the City Council hereby determines: 1. Amendment of Developer's Agreement deleting the requirement that structures be removed from Lots 1, 2 and 3 prior to the issuance of a building permit for Lot 1 or 3 is denied, with the exception that the City Council hereby approves an amendment to the Developer's Agreement allowing building permits to be issued for Lots 1, 2 and 3, Block 1 without removal of the gazebo on Lot 2 which was the subject of Variance Order 2001- 7. EP\PerkinsTindings,Concl&Order.121102 5 O CITY COUNCIL AGENDA DATE: December 17, 2002 SECTION: Directors Report SERVICE AREA/DIVISION: ITEM DESCRIPTION: Approval of the Jean ITEM NO: Parks and Recreation Harris Memorial Design • c I ` Tria Mann,Art Events Coordinator Requested Action Move to: Approve the "Gathering Bridge" Design as an Appropriate Memorial to the Memory of Dr. Jean Harris. Move to: Direct Staff to Investigate any funding sources to help pay for construction of the"Gathering Bridge". Synopsis The Jean Harris Memorial Design Committee has worked the past four months with artist Teri Kwant in gathering information about Dr. Harris and the Purgatory Creek Park site by holding community and staff hearings, e-mailing individuals such as family members, close friends and colleges outside of Eden Prairie, meeting in person with the Harris Ellis family, and working with SRF Inc. and City Staff. On October 25, the Design Committee gave artist Teri Kwant and committee member Sharon Grossbach unanimous approval to present the design along with the financial information to the: • Arts & Cultural Commission on November 25, 2002 • PRNR Commission on Dec. 2,2002 • City Council on December 17,2002 On November 25, 2002 the design was presented to the Arts & Cultural Commission and was received with full support and unanimous approval by the members that were present,unfortunately there was not a quorum so no formal motion was made. Members of the Commission believe that the goal given to the design committee and for the design was achieved and best represents who Dr. Jean Harris was and how she lived her life. On December 2 the Parks, Recreation and Natural Resource Commission unanimously approved the design as an appropriate tribute to the memory of Dr. Jean Harris. aye CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- A RESOLUTION ACCEPTING A GIFT OF LAND FROM THE BROWN LAND COMPANY AND DENNIS HALLBERG WHEREAS, The Eden Prairie Parks and Open Space System Plan has recommended preservation of the Purgatory Creek Valley; and WHEREAS, Outlots E and F of Bell Oaks First Addition contain 16.29 acres of property within the Purgatory Creek Valley; and WHEREAS, the Park and Open Space System Plan recommends development of a trail system within the creek valley, which would require ownership or an easement over this property; and WHEREAS, David Brown, Wayne Brown and Dennis Hallberg have offered to donate this property for park and open space purposes consistent with the Park and Open Space System Plan; and WHEREAS, the City Council finds it is in the best interest of the City to accept this donation to protect and preserve natural, scenic, and wooded parcels within the City. NOW, THEREFORE, BE IT RESOLVED the City Council hereby accepts the donation of Outlot E and Outlot F of Bell Oaks First Addition. ADOPTED by the Eden Prairie City Council on December 17, 2002. Nancy-Tyra-Lukens, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of Director Parks and Recreation Services December 17, 2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO: Parks and Recreation Robert A. Lambert Director Resolution Accepting Land Donation Requested Action Motion: Move to adopt the resolution accepting the donation of Outlots E and F, Bell Oaks First Addition. Synopsis Wayne Brown, David Brown, and Dennis Hallberg have submitted a letter dated December 16, 2002 offering to donate Outlot E of Bell Oaks First Addition containing approximately 11.91 acres and Outlot F of Bell Oaks First Addition containing approximately 4.38 acres to the City of Eden Prairie for park and open space purposes. This property currently is encumbered by a scenic easement in favor of the City of Eden Prairie, and an easement for horseback riding running in favor of Wendell A. Phillippi. The easement for horseback riding remains in place until Mr. Phillippi either sells or plats his residential site. Background Mr. Phillippi was originally a member of the Brown Land Company, which developed Bell Oaks Estates. Prior to leaving that company, he obtained an easement for riding on that property. Mr. Phillippi owns several horses that are stabled on his property located immediately south of these two parcels. Eventually, the City of Eden Prairie will be constructing a trail along Purgatory Creek from County Road 1 south to Riverview Road through this site and property currently owned by Mr. Phillippi. At that time, the City will have to decide on whether or not a pedestrian trail could coexist with an equestrian trail in that location. Outlots E and F of Bell Oaks First Addition are located with the Purgatory Creek Valley and are critical to providing a public trail system from County Road 1 south to Riverview Road. Acceptance of this property will be consistent with the Park and Open Space System Plan for preserving this creek valley and for providing a trail in this location. City staff does not believe an environmental audit is necessary to determine whether the property contains any hazardous material as the property has never had any development, and past agricultural uses were limited to pasture. Staff recommends accepting the donation of this property. BL:mdd December 17,2002 Approval of the Jean Harris Memorial Design Page 2 Background On January 15, 2002 the City Council appointed a Task Force to develop an appropriate memorial to the memory of Jean Harris. The Task Force members were appointed February 5, 2002. On May 7, 2002 the Task Force recommended to the City Council to approve the concept of selecting Purgatory Creek Recreation Area as the site that will accommodate an artistic component and to approve a charter statement for an Ad Hoc Committee, appointed by the Arts & Cultural Commission, to work with staff to select an artist and work with the artist to design an artistic component within the park. On May 8 the Arts Commission selected representative to an Ad Hoc Committee and invited members from the Task Force to serve on the committee as well. Ad Hoc Committee Members Ann Birt, Susan Dickman,Friende Mills, (replaced by Steve Mosow), Leslie Ellis, Sharon Orossbach, and Mary Jane Wissner interviewed three artists on Wednesday, June 26 and selected Teri Kwant to design the project. On August 6 the City Council approved the contract for Teri Kwant for a fee not to exceed $6,000 for artist design services for the Jean Harris memorial project. After the approval the Ad Hoc Committee began work with the Ms. Kwant. CITY COUNCIL AGENDA DATE: SECTION: Report of Management and Budget Director December 17,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Director/Don Uram Grant Application—Habitat for Technology , k4 . I Requested Action: Move to: Approve initial Grant Request by the Habitat for Technology(HFT) for$50,000 to fund the Economic Development Pilot project. Synopsis: The Economic Development Pilot involves creating an infrastructure to promote economic development utilizing functional web sites. The object is to provide an opportunity ity for all businesses in the City of Eden Prairie to post and maintain an effective web site. It is anticipated that the target market will be small businesses that lack the resources to effectively create a well- positioned web site. However, in order to ensure access for all businesses,those involved in this pilot will represent a cross section of type, size and industry sector. The pilot project proposes to use student interns to help create a simple framework for web site development. Interns will be supervised and mentored by industry professionals. HFT staff will coordinate and oversee the project. Participating businesses will assist in the development,testing and documentation of a well-defined program that will provide the Chamber of Commerce a prototype for marketing and sales. A request for funding this project was presented to the City Council at the June 18 meeting(see attached memo.) Attachments: Grant Application Memo dated June 14, 2002 111 1:. 07�700 jj O _. HABITAT FOR TECHNOLOGY Where Business Comes To Grow 1/4agoil - : :1 1110010001101000110001 December 10, 2002 Mr. Scott Neal, City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Grant Application —Habitat for Technology Dear Mr. Neal, The purpose of this proposal is to outline a grant request by the Eden Prairie non-profit group, Habitat For Technology. Background Habitat For Technology(HFT)was established as a non-profit corporation in July of 2001 with a Board of Directors made up of members of the business community, Eden Prairie Schools, Hennepin Technical College, and the City of Eden Prairie. The vision of the HFT is the development of Eden Prairie as the epicenter of Minnesota's technology businesses. Eden Prairie will be the place where business comes to grow. HFT has one full-time employee currently and, from time to time, has employed a part-time student intern. Significant volunteer time by board members has been provided to establish, manage, and develop the initiative to this point. Financial resources have been contributed by businesses providing $65,000 of"seed money"and Eden Prairie Schools and Hennepin Technical College which each have contributed$50,000 per year starting in July of 2001. The initiative has an advantageous facility and services agreement with the Eden Prairie Chamber of Commerce that allows it to operate with minimal expense. Strategy/Initiatives Habitat for Technology is a collaboration of businesses, government, and learning institutions working together to develop Eden Prairie as the"ideal" place to start and grow a technology based business. HFT will be the leader in the planning and development of Eden Prairie as the ideal place to grow a business. It will draw upon the resources of the city's government, learning institutions, and businesses. As such HFT has identified 5 initiatives to achieve its vision: log11oo1011io0101ioo11134?• -_'', 7901 Flying Cloud Drive, Suite 270 Eden Prairie,MN 55344 Phone:952944.2830 Fax 952949.0229 DU S 1. Building a cooperative environment. The difference between Eden Prairie and other communities attempting to attract the quality start up and growth businesses is the cooperative nature of its businesses, learning institutions and its government. These 3 groups have formed an effective working relationship through HFT. As such, its flagship program is the business to schools intern program that provides real world work experience for both students and teachers. It allows students to form opinions about career choices and allows teachers to align curriculum to be consistent with the current climate in business. 2. Building the business-to-business environment for Eden Prairie businesses. One of the benefits of having like businesses in the same community is the sharing and support of business ideas and plans. Habitat for Technology has developed and maintains a database of all Eden Prairie businesses. This is a first step in doing business in Eden Prairie. 3. Developing a Product and Services Plan for the Habitat. Habitat will provide marketing services, including a web site, and will promote the development of web sites for all Eden Prairie businesses to introduce and promote the strong business development capabilities of the Eden Prairie community. The Chamber of Commerce will provide the selling and marketing of these web sites for Eden Prairie business. 4. Developing a world-class incubator to attract and support new businesses in Eden Prairie. The incubator is a key competitive point in the positioning of Eden Prairie as the "ideal" place to come to grow your business. 5. Developing a plan to make Eden Prairie the most connected city in the world. HFT would sponsor, with its constituents, the city, the learning institutions, and the Chamber, a planning session to encourage and promote the development of Eden Prairie as a model community for business, especially telecommunications, in the world. This could include the development of Eden Prairie as a sister city of another city in a developing country. Currently initiatives#1 and#2 are established and producing measurable results with the limited resources we currently have for HFT. Initiative#3 is prepared to get underway with the financial partnership of the City of Eden Prairie. Financial Request Habitat For Technology is requesting an initial$50,000 grant to be advanced in December of 2002, and a second grant of$50,000 to be advanced June 1, 2003 to support the initiatives of Habitat For Technology. Overview of Pilot Project The Economic Development Pilot involves creating an infrastructure to promote economic development utilizing functional web sites. The object is to provide an opportunity for all businesses in the City of Eden Prairie to post and maintain an effective web site. It is anticipated that the target market will be small businesses that lack the resources to effectively create a well-positioned web site. However, in order to ensure access for all businesses, those involved in this pilot will represent a cross section of type, size and industry sector. 2 The pilot project proposes to use student interns to help create a simple framework for web site development. Interns will be supervised and mentored by industry professionals. Habitat For Technology staff will coordinate and oversee the project. Participating businesses will assist in the development,testing and documentation of a well-defined program that will provide the Eden Prairie Chamber of Commerce a prototype for marketing and sales. Pilot participants will pay a reduced fee to compensate for their contribution. The Contributions of Eden Prairie High School Students will be to: 1. Review marketing literature, advertisements, competitors or other generally available public information to determine market positioning, key messages, brands, etc. 2. Conduct"in-person"interviews with business owners or principals to refine and elaborate on key communication tenets. 3. Determine what the business is trying to accomplish with a web site and identify key features such as case studies, events lists, product information, etc. 4. Build a simple marketing and web plan along with a budget and timeline. 5. Confirm with the client in an "in-person" session the objectives, marketing points, and other project characteristics. 6. Gather or create content. 7. Help the client build a simple web site launch plan. The Contributions of Hennepin Technical College Students will be to: 1. Review options for creating tools that are convenient for client use. 2. Develop a plan for creating template options. 3. Build templates to accept client content. 4. Design and create a web site for each business. The Contributions of the Business Community will be to: 1. Agree to assist in development of a model for implementation. 2. Agree to allocate time to meet with web development teams to communicate needs and what they intend to accomplish with a web site. 3. Assist with developing and refining the process for full implementation. 4. Agree that the web site developed, as well as business name and logo, may be used as a model for the roll out project. Estimated Time Bench Marks: > December 18, 2002 Funding appropriated; Project commences > January 31, 2003 Process development > February 28, 2003 Testing and Adjusting > March 1, -April 30, 2003 Web site created for 6 participating businesses > April 30, 2003 Pilot completed Business Prospects Small Business (1-4 employees) > Celebration Gifts > Couet > Vinup Unlimited 3 Retail/Service (5-10 employees) ➢ Eden Prairie Chamber of Commerce > Eden Prairie Appliance > Prairie Lawn and Garden > Quello Clinic > Surplus Window Store Manufacturing (50—150 employees) ➢ Specialty Tool and Engineering > Cima Labs Deliverables: 1. Define student engagement model along with a script for client evaluations. 2. Templates for use in full implementation phase of the project. 3. Interview process including questionnaire and analysis. 4. A process for developing proposal, timeline, budget, etc. 5. A process that will be utilized by the Eden Prairie Chamber of Commerce to create an effective sales plan. 6. Sales tools. 7. Refined business plan /pricing model. Benefits: 1. High School students will gain experience and skills in dealing with clients, marketing processes, positioning a business and creating an effective web site. 2. Hennepin Technical College students will gain experience in evaluation of tools and development of templates, web design and development. 3. Businesses will obtain a new or enhanced web site that meets the needs of the specific business. 4. Habitat For Technology will be the recipient of a plan that can be implemented as a key component of the mission. 5. The City of Eden Prairie will have a vehicle for promoting economic development via the Internet. 6. The Eden Prairie Chamber of Commerce will be the beneficiary of a product that will become a model for future sales efforts. Estimated Costs: > Resource Development $20,000 Recruiting Training Develop Engagement Model > Product Development $20,000 Creation of site templates Refining requirements for production product "Simple" Software tools Validating costing assumptions 4 > Infrastructure $2,500 Hosting and Tools > Marketing $7,500 Develop Marketing materials Refining Business/Pricing Model > Total Grant Request to fund the pilot $50,000 Note: costs include compensation to students, consulting fees for professional as supervisors and mentors and materials. Governance: > The HFT Board of Directors shall oversee the project and shall direct the HFT managing employee to carry out the mission of the project. > A representative of the City of Eden Prairie, appointed by the City Manager, shall continue to serve on the Board of Directors of HFT. Reporting: > A quarterly operational report shall be provided to the Eden Prairie City Manager outlining the activities, accomplishments, and plan adjustments within 15 days of the end of the quarter. > A quarterly financial report shall be provided to the Eden Prairie City Manager within 20 days of the end of the quarter. Summary: Thank you for considering Habitat For Technology an important tool for the City of Eden Prairie to use to promote strong business development within current and future Eden Prairie businesses. Funding this project, as well as continued involvement by available city staff,will help Habitat-For Technology to continue to achieve its mission to propel Eden Prairie to become "the place where business comes to grow". Please let us know if we can provide any additional information to help you with your decision. Sincerely, Nicholas R. Eian, President cc: Pat MulQueeny, Eden Prairie Chamber of Commerce 5 q MEMORANDUM To: Mayor and City Council From: Scott Neal, City Manager Donald R.Uram,Finance Director Date: June 14, 2002 Subject: City Website Background Planning for the update of the City's website began in July 2001 during a series of staff meetings that were held to discuss upcoming IT and communication issues. A goal of these discussions was to determine the best ways to meet the information needs of the City's residents and businesses. Staff consensus was that the City's website was probably the most effective means of providing information but that the existing website did not meet people's expectations. In addition, staff found the website very difficult to keep updated and maintain. Also, dramatic changes in technology have been made since the City's original website was developed in 1996. For these reasons, IT and Communications prepared a plan for the development and implementation of a new website that would integrate new technologies with the City's information needs. Website Plan A two-phase plan was prepared that would allow the City to maintain their web presence while the new website was being developed. The first phase included the development of an interim website. This step was important in that it: 1. Allowed staff to easily update and maintain website content. 2. Simplified the navigation process for users. The interim website was completed and launched in January 2002. During this time, staff was preparing an RFP for the City's new website. The purpose of the RFP was to solicit proposals from qualified vendors to provide the City with professional consulting services to design our City's website. The RFP was distributed to 12 vendors with 8 responding by the February 19 deadline. Costs to provide website design services ranged from $67,500 to $250,000. The proposals were given to the City's website design team for evaluation and three vendors selected for interviews. to These interviews were canceled and the bids rejected because of Staff discussions with the Habitat for Technology (HrT) and the Chamber of Commerce about a website partnership. Website Partnership The City Council along with the HFT and the Chamber have all emphasized economic development and improved business relationships as a primary goal of their respective organizations. In recognition of this, these groups have been discussing a joint effort to support economic development within the City. An innovative way to do this is to offer to all Eden Prairie businesses and Chamber members the following: 1. Use of a "standard"content management system (website) and hosting services. 2. Technical and graphical design support to assist "customer's" with initial website development along with on-going support and maintenance. 3. Continuing product development to increase web functionality and usability. 4. Prominent listing on the Eden Prairie"portal"within a Business Directory. The benefits of this effort include: 1. Web presence for businesses not currently using the web. 2. Significant cost savings for eligible businesses for web site development and hosting. 3. Access to Eden Prairie's digital marketplace increasing business potential. 4. Internship opportunities for students to assist with business web development and special projects. Costs/Funding There are a number of costs associated with the development of a "standard" content management system. This includes: 1. Acquisition of Hardware and Software 2. Application Development 3. Hosting Services 4. On-going development(upgrades) and Maintenance 5. Marketing These costs allocated over two years are currently estimated at approximately $140,000. Suggested funding for this project includes a $100,000 grant from the City and $20,000 each from the Chamber and the HFT. Staff recommends that the City's Economic Fund be used as the primary financing source for this project. This funding would be considered as the City's contribution to the HFT. HFT operations are currently funding by$100,000 grants from both the School District and the Hennepin Technical College. Other sources of revenue will be needed for on-going maintenance and technical support. A minimal fee will be charged to businesses that are using the content management D.9.1 system and from those businesses listed in the business directory. Limited advertising may provide additional funds. The Chamber of Commerce will be the primary source of marketing for the product since it already has an established sales program. City Website Through discussions with the HFT and the Chamber, Staff has concluded that the City's website should be developed as the first step in this economic development initiative. Staff recommends that the City's content management system be designed and developed by Endurant Business Solutions. Endurant Business Solutions is a management consulting firm advising the Habitat on the use of the digital market place to promote Eden Prairie as the epicenter of Minnesota's high tech growth. The advantages of working with Endurant through the Habitat(a non-profit organization)include: 1. Volunteer consulting services and discounted design/development fees. 2. Primary consultants with combined experience of over 80 years. 3. Access to new technologies and local government experience. Endurant has committed to meet and/or exceed the requirements of the City's RFP at the previous low bid price of$65,000. The website is expected to be substantially complete by August 14. Once this is done, work will begin on the"standard" content management system that will be offered to Eden Prairie businesses.