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City Council - 05/02/2000
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MAY 2,2000 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross.Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Parks &Recreation Services Director Bob Lambert,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz,Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, Administrative Assistant Lorene McWaters, and City Attorney Roger Pauly I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS • II. APPROVAL OF AGENDA • III. CAPITAL IMPROVEMENT PLAN IV. OTHER BUSINESS V. COUNCIL FORUM VI. ADJOURNMENT • City of Eden Prairie Debt Service Schedules 2000 2001 2002 2003 2004 2005 Market Value Levy G.O.Park Bonds-1992A Principal 45,000 45,000 50,000 50,000 55,000 55,000 Interest 53,855 51,425 48,763 45,888 42,815 39,543 Total 98,855 96,425 98,763 95,888 97,815 94,543 G.O.Park Bonds-1993A Principal 160,000 165,000 175,000 185,000 190,000 200,000 Interest 168,598 160,553 151,921 142,513 132,480 121,850 Total 328,598 325,553 326,921 327,513 322,480 321,850 G.O.Open Space Bonds-1994A Principal 60,000 ' 65,000 75,000 80,000 90,000 95,000 Interest 99,198 96,103 92,565 88,573 84,108 79,158 Total 159,198 161,103 167,565 168,573 174,108 174,158 Total Market Value Levy Principal 265,000 275,000 300,000 315,000 335,000 350,000 Interest 321,650 308,080 293,249 276,973 259,403 240,550 . Total 586,650 583,080 593,249 591,973 594,403 590,550 Tax Capacity Levy G.O.Bldg.Refunding Bonds-1995 Principal 135,000 135,000 135,000 155,000 155,000 175,000 Interest 68,759 62,549 56,204 49,239 41,683 33,510 Total 203,759 197,549 191,204 204,239 196,683 208,510 G.O.Bldg.Refunding Bonds-1997A Principal 625,000 675,000 740,000 - - - Interest 78,815 49,396 17,020 - - - Total 703,815 724,396 757,020 0 0 0 G.O.Imp.Refunding Bonds-1995 Principal 515,000 455,000 400,000 -• - - Interest 83,794 61,499 41,420 - - - Total 598,794 516,499 441,420 0 0 0 G.O.Imp.Refunding Bonds-1997B Principal - - - 240,000 240,000 235,000 Interest - - - 115,500 103,920 92,284 Total 0 0 0 355,500 343,920 327,284 Total Tax Capacity Levy Principal 1,275,000 1,265,000 1,275,000 395,000 395,000 410,000 Interest 231,368 173,444 114,644 164,739 145,603 125,794 • Total 1,506,368 1,438,444 1,389,644 559,739 540,603 535,794 Total Levy Principal 1,540,000 1,540,000 1,575,000 710,000 730,000 760,000 Interest 553,018 481,524 407,893 441,711 405,005 366,344 Total 2,093,018 2,021,524 1,982,893 1,151,711 1,135,005 1,126,344 • 2000 2001 2002 2003 2004 2005 Lease Revenue Bonds HRA Lease Revenue Bonds-1992A Principal 85,000 95,000 105,000 115,000 125,000 135,000 Interest 139,303 134,840 129,615 123,630 116,845 109,345 Total 224,303 229,840 234,615 238,630 241,845 244,345 HRA Lease Revenue Bonds-1993B Principal 320,000 370,000 415,000 470,000 530,000 545,000 Interest 514,875 495,968 473,873 448,298 418,650 386,264 Total 834,875 865,968 888,873 918,298 948,650 931,264 HRA Lease Revenue Bonds-1993C Principal 645,000 - - - - - Interest 26,123 - - - - Total 671,123 0 0 ' 0 0 0 HRA Lease Revenue Bonds-1993A • Principal 70,000 70,000 75,000 80,000 85,000 85,000 Interest ' 68,440 64,818 60,955 56,730 52,150 47,348 Total. 138,440 134,818 135,955 136,730 137,150 132,348 Total Lease Revenue Bonds Principal 1,120,00Q 535,000 595,000 665,000 740,000 765,000 Interest 748,740 695,625 664,443 628,658 587,645 542,956 Total 1,868,740 , 1,230,625 1,259,443 1,293,658 1,327,645 1,307,956 • Equipment Certificates 1998 Equipment Certificates Principal 300,000 150,000 150,000 - - - Interest - - - Total 300,000 150,000 150,000 - 0 0 Total-Existing Debt Principal 2,960,000 2,225,000 2,320,000 1,375,000 1,470,000 1,525,000 Interest 1,301,758 1,177,149 1,092,335 1,070,369 992,650 909,300 • Total 4,261,758 3,402,149 3,392,335 2,445,369 2,462,650 2,434,300 • • • MEMORANDUM TO: Mayor and City Council FROM: Don Uram,Financial Services Director DATE: April28, 2000 SUBJECT: CIP Project Detail At the March 21 CIP workshop, the City Council requested the following information prior to the workshop scheduled on May 2: 1. Financial Strategies—Summary of financial strategies discussed to fund the CIP. 2. CIP Project Summary—A project summary for each of the priority levels(A,B, &C)along with a source of revenue for the"A"project list. 3. Project Detail by Service Area—A list of all projects by division within each Service Area. 4. Debt Service Schedules (2000 — 2005) — Table detailed the level of tax-supported debt service until 2005. At the workshop, Staff will present this information along with specific revenue projections. Financial Strategies—Capital Revenues and Expenditures Purpose: To provide general guidelines for making capital revenue and expenditure decisions specifically related to financing the Capital Improvement Revolving fund. Financial strategies will be reviewed on annual basis at the time the Capital Improvement Plan (CIP) is presented to the City Council. Strategies: 1. Continue to budget for a transfer from the general fund to the CIP. 2. Transfer general fund excess of revenues over expenditures to the CIP. 3. Transfer building permit and development fee revenues that exceed the budgeted amounts to a reserve for subsequent year expenditures. 4. Transfer revenues from the liquor enterprise to the CIP. 5. Transfer one-time revenues to the CIP. 6. Issue new debt to fund qualifying capital expenditures at a level not to exceed the current level. 7. Maintain City capital facilities using revenue in the City Center debt service fund that exceed the total amount necessary for debt service. In addition to the above general policies, Staff will continue to analyze the feasibility of and advise the City Council on the following: • Increasing the amount of transfer from the utility enterprise to the CIP. • Implementing a street and/or a street lighting utility. F:\CITYWIDE\CIP\CIP 2000\Financial Policies3.doc 00 00 0 00 0 0 • O O 0 0 1 1 R. D R. I I I I I I R. I I I I R. 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O O O U) In rn m E I W U .101 5 0 N 3 U w a o t OS. 44 ▪ a w e 3 mcn •� U ilfi C t..4 G N _ .• > � C b waE- ' Oa ¢ w o d' Q' .4 C4 W P2 Pa U T. QI AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 2,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case, Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Parks &Recreation Services Director Bob Lambert,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,APRIL 18, 2000 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 18,2000 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF STRINGER ADDITION C. APPROVE PROCLAMATION DESIGNATING SENIOR AWARENESS MAY 5 THROUGH MAY 19 D. PRAIRIE HILL EVANGELICAL FREE CHURCH by Prairie Hill Evangelical Free Church. 2nd reading for Planned Unit Development District Review on 5.38 acres,Zoning District Amendment within the Public Zoning District on 5.38 acres, and Site Plan Review on 5.38 acres. Location: 17200 Valley View Road. (Ordinance for PUD District Review and Zoning Amendment and Resolution for Site Plan Review) CITY COUNCIL AGENDA May 2,2000 Page 2 E. TARGET EXPANSION by Dayton Hudson Corporation and General Growth Properties. 2nd reading for Planned Unit Development District Review with waivers on 8.0 acres,Zoning District Amendment within the C-Reg-Ser Zoning District on 8.0 acres and Site Plan Review on 8.0 acres.Location: Flying Cloud Drive at the Eden Prairie Center. (Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Site Plan Review) F. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE AND HARTFORD ASSOCIATES, LLC, FOR THE LINCOLN PARC APARTMENT PROJECT G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ERICKSEN ELLISON AND ASSOCIATES, INC.,FOR TELECOMMUNICATIONS ENGINEERING SERVICES VI. PUBLIC HEARINGS/MEETINGS A. WELTER'S TRAILHEAD by Ray and Carole Welter, Jr. Request for Planned Unit Development Concept Review on 5.22 acres,Planned Unit Development District Review with waivers on 5.22 acres,Zoning District Change from Rural to R1-13.5 on 5.22 acres, and Preliminary Plat on 5.22 acres into 4 single-family lots, and 1 outlot. Location: 9630 Crestwood Terrace. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) • VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR CITY COUNCIL AGENDA May 2,2000 Page 3 D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Approve the First Amendment to Purchase Agreement between the City of Eden Prairie and H.Dan Wright for the Sale of 7900 Mitchell Road(old police property)to Extend the Closing on the Wingate Hotel E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. T.H.212/Mitchell Road Update F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION XIV. ADJOURNMENT . Ai UNAPPROVED MLNUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 18,2000 CLOSED SESSION 5:00—5:30 PM, CITY CENTER 1999 CITY MANAGER PERFORMANCE REVIEW HERITAGE ROOM III COUNCIL WORKSHOP 5:30- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, City Planner Michael Franzen, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:50 p.m. II. APPROVAL OF AGENDA III. LAKE WATER QUALITY DISCUSSION Perry Forster, Chair of the Riley-Purgatory-Bluff Creek Watershed District, presented a report on the District. The RPBCWD covers approximately 65 square miles, with 11 lakes and 3 creek basins. Funding sources are: • Administrative Levy: $200,000/year(fixed) • Basic Water Management Levy: approximately $500,000/year (changes based on assessed valuation) • 509 Levy: $300,000 (can vary depending on tasks to be undertaken) • Stream Water Maintenance and Repair Levy: $15,000/year(fixed) The administrative budget does not contain any contingency money. The controversy over damage to the cranberry bog in the Bearpath community has been very costly for the Watershed District. However,the buffer will soon be put in place, and the District hopes to recover some of its costs. I COUNCIL WORKSHOP MI UTES April 18,2000 Page 2 The programs undertaken by the Watershed District are: (1) To issue permits for any projects having more than one acre. Projects are reviewed for minimizing impacts on water resources, flood protection and water quality. (2) To collect data on water quality. They have collected data on an annual basis for both streams and lakes since 1971. The data are summarized on reports sent yearly to the city. The Watershed District's Water Management Plan was summarized. It focused on water resource integrity and beneficial uses. Use Attainability Analyses (UAAs) for lakes and streams seek ways to obtain/maintain optimal water-quality conditions and to achieve beneficial uses. UAAs will result in cooperative projects involving the Watershed District and its constituent cities and/or other agencies to resolve water quality problems. District rules and regulations pertaining to storm runoff management may change to prevent stream channel degradation, and to protect habitat structure for aquatic biota (e.g., detention basin design criteria and "rainwater gardens"). The Plan anticipates the requirements of U.S. EPA/MPCA Phase 2 NPDES stormwater permitting program. Mr. Forster explained that "rainwater gardens" hold pollution at the source. They are placed in a swale adjacent to a road, with prairie plantings to hold the water. Rainwater gardens are controversial because cities wonder if their physical integrity will stand up over a long period of time. They are used in combination with detention ponds. The second generation Water Management Plan was also explained. It builds upon historical flood-control efforts, places new emphasis on the ecological integrity of lakes and streams and sets beneficial-use goals for all water bodies. Lake UAAs determine the current and historic water quality conditions, set beneficial use goals, assess attainment or nonattainment for current watershed land-use conditions, and if nonattainment is predicted for ultimate development conditions, recommend feasible alternative remedial measures. Stream UAAs considers current and potential future conditions and physical conditions described according to Rosgen Stream Classification and habitat evaluated according to the Wisconsin Classification of Physical Integrity for Streams rating procedure. Barringer said Purgatory Creek was a trout stream at one time but the rise in water temperature caused by pollutants eliminated trout. The work schedule for monitoring and use attainability analyses of lakes was reviewed. A report is expected by mid-summer, Forster said. A meeting was held with City Staff a month ago to go over the proposed rules and to hear objections, questions and comments. The goal is to try to stop what is happening in terms of erosion and degradation of lakes and streams and take them back to where they used to be 30-40 years ago. Lambert said he encouraged Bob Obermeyer to set up this meeting to discuss the different roles of the Watershed District and the City with regard to the study on Round Lake, and where they are in their separate processes. A method has been suggested for continuing the use of Round Lake as a swimming beach while addressing the various issues,including goose management, etc. 1 COUNCIL WORKSHOP MINUTES April 18,2000 Page 3 Dietz said everyone there had the same agenda. The Watershed District has finished its Water Management Plan and has a process to implement that plan. Up to this time, the City has not had a chance to be included. The next step is a two-year process to do Eden Prairie's Water Management Plan with the help of a consultant. To make sure the City's goals are consistent with those of the Watershed District's, the City's plan has to be brought to the Board of Water and Soil Resources (BOWSR) and the Watershed District for approval. The City needs to know what the choices may be in order for that to be accomplished. Forster said the City first has to get BOWSR's approval of its Water Management Plan. The Watershed District's plan had to be redone after BOWSR saw it, requiring them to change the way they thought about some things. Forster suggested getting people from the RPBCWD citizen advisory committee involved. He invited the City to look at water- quality data the District has collected. Leslie Stovring replied that City Staff has been actively involved with the citizen advisory committee and she has talked to Bob Obermeyer. Dietz said the City does utilize the data the Watershed District has on water quality. Forster said the lakes in the Watershed District are interconnected all the way to Chanhassen. That means it is necessary to work from where the pollution starts all the way to the end. The idea of retention ponds and rainwater gardens came from the desire to contain pollution where it starts. Butcher asked if there is any urgency to completing the Water Management Plan. Forster responded that federal and state agencies say they have to be in place within two years. There are also certain mandates coming from the EPA in 2003, which will change the way water is managed. The Watershed District has been taking a pro-active approach. The objective is to present various options and alternatives as to what can be done to improve water quality in the District. To maintain the integrity of Riley Lake and Round Lake, decisions will have to be made, such as whether citizens want to spend money to improve the lakes. The purpose of the Use Attainability Analysis is to lay out what it will take to improve those lakes. Butcher asked if funding is available at the state level for lake improvement. Bob Obermeyer replied that the Use Attainability Analysis gives an opportunity for cities to petition the Watershed District for money to undertake these improvement projects. Money is available to fund its portion of a project through the taxes it receives from the cities. If the City wanted to petition the District for work on Round Lake, the District can fund it for 16 consecutive years. However, other cities are also petitioning for funds. Butcher asked where other cities are in completing UAAs, and was told they are at about the same point as Eden Prairie. Bob Obermeyer has that information. Butcher said all cities in the RPBC Watershed District benefit when improvements are made, because of the way the lakes are interconnected. Dietz said he didn't know if there are any federal funds available to cities, but Eden Prairie has money in the stormwater utility fund. The first thing to do is determine a priority of actions to take and think through the process for protecting against the access 3 COUNCIL WORKSHOP MINUTES April 18,2000 Page 4 of pollution, and then decide how to improve the water quality of the lakes. When citizen surveys were done, water quality was near the top of the list. The City was waiting for the Watershed District's 509 plan to get through the Bowser process, so did not start on its Water Management Plan. Forster said Eden Prairie has to get agreement with the other cities in terms of increasing the number of retention ponds and rain gardens. That will make it easier later on. He also recommended charging for field inspections and finding other sources for funding lake improvement. Mayor Harris asked what is the status of Riley Lake. Forster replied he believed the lake quality to be much improved. There are a lot of fish living in it, mainly walleye and northern pike. He recommended alternative ways of doing shoreline management, such as not having lawn running all the way to the shore. It is a high-use lake with a lot of water skiing. Enger said ten years ago when the MUSA line was extended around Riley Lake the Met Council thought the lake was ruined. Forster said the development of Bearpath and the golf course helped stop pollution on the lake. Otherwise the development would have been denser than it is, causing more pollution. Enger said the crux of the land-use issue is that lower-density, single-family houses are better because.not as much impervious surface is created. Forster said with either high- density or low-density housing, the goal should be to limit the amount of impervious surface. The City needs to be vigilant and monitor what is happening. Mayor Harris thanked the representatives of the Watershed District for coming, and Forster thanked Council and Staff for inviting them. VII. OTHER BUSINESS VIII. COUNCIL FORUM IX. ADJOURNMENT Mayor Harris adjourned the meeting at 6:52 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 18,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:10 p.m. • II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added Item XIII.A.2., "U" Turns on Prairie Center Drive. Mayor Harris moved Item XIII. A.1., City Manager's Evaluation,to after XIII.E. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,MARCH 21, 2000 MOTION: Thorfinnson moved, seconded by Case, to approve the minutes of the City Council Workshop held March 21, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 21,2000 Case made a correction in the second paragraph on page 12, which should read "After that, if a permit is not requested to put up a structure at the variance setback,it would have to be built at the standard setback." MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Meeting held March 21, 2000, as published and amended. Motion carried 5-0. 1 CITY COUNCIL MINUTES April 18,2000 Page 2 C. SPECIAL CITY COUNCIL MEETING HELD THURSDAY, MARCH 30, 2000 MOTION: Thorfinnson moved, seconded by Case, to approve the minutes of the Special City Council meeting held Thursday, March 30, 2000, as published. Motion carried 4-0, with Mayor Harris abstaining due to her absence from that meeting. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EATON CORPORATION PUD by Eaton Corporation. 2nd Reading for Planned Unit Development District Review with waivers• on 25.37 acres and Zoning District Amendment within the I-5 Zoning District on 25.37 acres, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Ordinance No. 10- 2000-PUD-4-2000 for PUD District Review and Zoning District Amendment and Resolution No. 2000-59 for Site Plan Review) C. LIBERTY PLACE by Liberty Property Limited Partnership. 2nd Reading for Planned Unit Development District Review with waivers on 16.88 acres and Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, and Site Plan Review on 16.88 acres. Location: Smetana Lane and Valley View Road. (Ordinance No. 11-2000-PUD-5-2000 for PUD District Review, Zoning District Change, and Zoning District Amendment, and Resolution No. 2000-60 for Site Plan) D. BRAXTON WOODS 2nd ADDITION by Centex Homes. 2nd Reading for Planned Unit Development District Review with waivers on 7.1 acres and Zoning District Change from Rural to R1-13.5 on 7.1 acres. Location: East of Cedarcrest Drive and west of Shetland Road. (Ordinance No. 12-2000-PUD-6- 2000 for PUD District Review and Zoning District Change) E. SUNNYBROOK COVE Approve the Lender's Supplement Agreement and authorize the Mayor and City Manager to execute the Agreement with such changes as are approved by the officers so executing the Agreement. (Lender's Supplement Agreement) F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DALGREN, SHARDLOW & UBAN FOR COMPREHENSIVE PLAN UPDATE G. APPROVE SECOND READING OF ORDINANCE NO. 14-2000 AMENDING CITY CODE CHAPTERS 2, 11 AND 12 AND ADOPT RESOLUTION NO. 2000-61 APPROVING SUMMARY FOR PUBLICATION CITY COUNCIL MINUTES April 18,2000 Page 3 H. APPROVE PROCLAMATION DESIGNATING MAY 6, 2000, AS ARBOR DAY IN EDEN PRAIRIE I. ACCEPT BID AND AWARD CONTRACT TO STREICHER'S POLICE EQUIPMENT FOR THE PURCHASE OF POLICE FIREARMS. J. ACCEPT DONATION OF OUTLOT A,BLUFF COUNTRY VILLAGE,TO THE CITY OF EDEN PRAIRIE, FROM HUSTAD COMPANIES K. AWARD BID FOR THE RENOVATION OF FLYING CLOUD BALLFIELDS TO VALLEY PAVING,INC. L. AWARD CONTRACT FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT NESBITT PRESERVE PARK TO EARL F. ANDERSON,INC. M. APPROVE CHANGE ORDER FOR THE NESBITT PRESERVE/ROUND LAKE PARK IMPROVEMENT PROJECTS TO ADD CONSTRUCTION OF THE ROUND LAKE BOAT HOUSE N. - ADOPT RESOLUTION NO. 2000-62 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT CSAH 1 AND STARING LAKE PARKWAY, I.C. 99-5497 O. ADOPT RESOLUTION NO. 2000-63 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL) AND DELL ROAD, I.C. 00-5511 P. RECEIVE FEASIBILITY STUDY FOR FOREST HILL ROAD IMPROVEMENTS AND SET PUBLIC HEARING (RESOLUTION NO. 2000-64),I.C. 98-5466 MOTION: Case moved, seconded by Thorfinnson, to approve Items A-P on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. PRAIRIE HILL EVANGELICAL FREE CHURCH by Prairie Hill Evangelical Free Church. Request for Planned Unit Development Concept Review on 5.38 acres, Planned Unit Development District Review on 5.38 acres, Zoning District Amendment within the Public Zoning District on 5.38 acres, and Site Plan Review on 5.38 acres. Location: 17200 Valley View Road. (Resolution No. 2000-65 for PUD Concept Review and Ordinance for PUD District Review and Zoning Amendment) 3 CITY COUNCIL MINUTES April 18,2000 Page 4 Enger said official notice of this public hearing was published April 6, 2000, in the Eden Prairie News and sent to 117 property owners. Jim Faulkner, of Faulkner Construction, general contractor and architect for the project, said the church is requesting approval for a 10,712 square-foot addition to the existing church, primarily in the sanctuary area, for a total building size of 21,560 square feet. He has worked closely with City Staff and accepted all the terms and conditions of the Planning Board, which included changing the exterior materials to brick and changing the trash enclosure gate material from wood to metal. Uram said the plan is consistent with the approved concept plan. The Community Planning Board voted 6-0 at its March 13 meeting to recommend approval of the project to the City Council. Mayor Harris asked if anyone wished to address this proposal. No one did. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-65 for PUD concept Review on 5.38 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning amendment within the Public Zoning District on 5.38 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Case asked Dietz if the church is required to bring the NURP pond on the property up to standard. Dietz replied the existing church and existing hard- surface area is "grandfathered" in, but the church is providing a NURP pond for the expansion, so they did more than enough to take care of the increase in the hard surface area. Usually the requirements are not retroactive to the conditions that existed prior to the date the City enacted zoning changes. Butcher said the church's plan is very good. She asked if Eden Prairie High School students park on church property during the day. The church's pastor said the school's food workers are allowed to park at the church on a regular basis, and there is an agreement with the school to allow parking at the church when there are meetings at the school,but students are not allowed. Motion carried 5-0. B. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. Request for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. (Resolution No. 2000-66 for Guide Plan Change, Resolution No. 2000-67 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2000-68 for Preliminary Plat) CITY COUNCIL MINUTES April 18,2000 Page 5 Enger said official notice of this public hearing was published April 6, 2000, in the Eden Prairie News and sent to 1 property owner. Neil Weber, the architect, said the project is for a 106-unit hotel and a concept plan for a 7,000 square foot restaurant that would be located where the former City police station stands. The green band at the top of the hotel is a corporate design for Wingate hotels. Uram said Staff has worked extensively with the developer on this project. A user for the restaurant has not been identified yet. There were a number of issues to resolve, including the wetland area. Waivers include changing the maximum floor area ratio from 40 percent to 58 percent because of the height of the building; the minimum side yard structure setback along the north property line between hotel and the restaurant to accommodate the City; and the minimum front yard parking setback from Mitchell Road to provide adequate room for the wetland buffer strip. The Planning Board voted 6-0 to recommend approval. The restaurant site will return to the Community Planning Board and City Council for a zoning approval when a user is determined. Mayor Harris asked if anyone wished to speak to this project. No one did. MOTION: Butcher moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 2000-66 for Comprehensive Guide Plan Change from City Service to Regional Commercial on 5.25 acres; and adopt Resolution No. 2000-67 for PUD Concept Review on 5.25 acres; and adopt Resolution 2000-68 for Preliminary Plat on 5.25 acres into 2 lots; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Case asked when we set aside the wetland, do we leave existing vegetation so more absorption will take place. Dietz responded if vegetation that exists conforms to the buffer, it remains. Sometimes, due to grading needs, it may be taken out and then replanted. Case said a great amount of vegetation has been removed already, and he assumed most of the stormwater is now going into the NURP pond. Motion carried 5-0. B. WELTER'S TRAILHEAD by Ray and Carole Welter, Jr. Request for Planned Unit Development Concept Review on 5.22 acres, Planned Unit Development District Review,with waivers on 5.22 acres, Zoning District Change from Rural to R1-13.5 on 5.22 acres, and Preliminary Plat on 5.22 acres into 4 single-family lots, and 1 outlot. Location: 9630 Crestwood Terrace. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,and Resolution for Preliminary Plat) 5 CITY COUNCIL MINUTES April 18,2000 Page 6 Enger said the landowner has requested continuance of the public hearing until the May 2,2000 City Council meeting. MOTION: Thorfinnson moved, seconded by Case, to continue the public hearing to the May 2,2000 City Council meeting. Motion carried 5-0. D. LINCOLN PARC Adopt Resolution No. 2000-69 authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Apartments Project). Enger said official notice of this public hearing was published April 4, 2000, in the Star Tribune. Jack Brandt, Hartford Financial Services, developer of the project, said this project is for a multifamily housing program at the Water Tower site. It incorporates affordable housing components. He has been working with a non- profit company different from the one announced previously and asked for approval of an amended housing program to reflect this change. Uram said the only amendment to this agreement was a change in the name of the non-profit borrower. Rosow said in the resolution, under Item 1.5 in Section 1 and in Section 2, instead of "Amended Housing Program", it should read "Second Amended Housing Program". • Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing and adopt Resolution No. 2000-69 authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Apartments Project). Motion carried 5-0. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye". VIII. ORDINANCES AND RESOLUTIONS A. AOL TIME WARNER MERGER Transfer control of KBL Cablesystems of the Southwest, Inc., the cable television franchisee, resulting from the mergers of Subsidiaries of Time Warner, Inc., and America Online, Inc., into AOL Time Warner,Inc. (Resolution No. 2000-70) CITY COUNCIL MINUTES April 18,2000 Page 7 Enger said the City Council held a public hearing on this item on Thursday, March 30, 2000. There were no citizens in attendance and no concerns or comments were received. No action was taken at that public hearing and it was continued to this meeting. The Council felt it was appropriate to adopt a resolution to approve the transfer from the existing cable franchisee to KBL. MOTION: Tyra-Lukens moved, seconded by Case, to approve Resolution No. 2000-70 transferring control of KBL Cablesystems of the Southwest, Inc., the cable television franchisee, resulting from the mergers of Subsidiaries of Time Warner,Inc., and America Online,Inc. into AOL time Warner,Inc. Motion carried 5-0. IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. BOARDS AND COMMISSIONS Enger explained that Kristen Pierskalla and Therese Benkowski applied for appointments to the Environmental Education Citizen Advisory Commission in February. Since only two applications were received for this Commission, the Council declared the Commission inactive for the remainder of 2000. Kristen Pierskalla was appointed to the Community Program Board, but declined her appointment. Therese Benkowski was appointed to the Parks and Recreation Citizen Advisory Commission, but is requesting that the City Council consider a change in appointment to the Program Board to provide her the opportunity to work more closely on environmental issues. The Council will review the future status of the Environmental Education Citizen Advisory Commission prior to next year's appointments. Thorfinnson said that would leave the Parks and Recreation Commission with six members. However, the Council had approved a range of five to seven members, and so six should not be a problem. Case said he believed it was all right to leave it at six members, but if a name came before the Council to add another member to the Parks and Recreation Commission, the goal of seven members for all commissions and boards would be reached. MOTION: Tyra-Lukens moved, seconded by Case, to rescind the appointment of Therese Benkowski to the Parks and Recreation Citizen Advisory Commission; and appoint Therese Benkowski to the Community Program Board for a term to expire 3/31/01. Motion carried 5-0. XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES April 18,2000 Page 8 1. City Manager's Evaluation and Merit Bonus Recommendation Moved to end of X 1. 2. Councilmember Thorfinnson's Report on "U" Turns on Prairie Center Drive Councilmember Thorfinnson followed up on the discussion at the March 21, 2000 City Council meeting about "U" turns on Prairie Center Drive northbound, in front of Castle Ridge. He has been watching this situation for the past month, and in the evening there is a huge problem. Traffic backs up almost to Preserve Boulevard to turn left at the stop light on Prairie Center Drive at TH 212. There is a relatively short left-turn signal. Some cars are staying in the center lane and doing "U" turns when they reach Commonwealth Drive to go back to TH 212. Mayor Harris asked if it is possible to stripe the middle lane to accommodate two left-turn lanes of traffic. Dietz said he and the chief of police discussed this. It is probably a little more difficult than just restriping the lane. The length of the signal could be changed by MnDOT and Dietz could communicate with them about that. Case asked if there should be a sign for no "U" turns. Dietz said at the March meeting they had talked about monitoring the area and the possibility of posting a sign. Mayor Harris requested that the engineers decide what is best. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Extend Project Closing Date—Lincoln Parc Apartments Uram said closing on the entire project was expected to occur on April 28, 2000. Hartford is now requesting the closing be extended to July 28, 2000 to provide more time to secure HUD financing. Hartford is willing to put down an extra$50,000 on a Contract for Deed. Tyra-Lukens said her understanding is that because the property is off the market, the City is getting interest on that amount of money. Uram said that is correct. Thorfinnson asked if Uram was sure this new closing date would be a long enough extension. Uram said he was not sure, but he knows that Jack 7 CITY COUNCIL MINUTES April 18,2000 Page 9 Brandt is anxious to see it happen. Thorfinnson said his concern was also to see the development move along. Rosow said the motion should be changed from"the 5th Amendment to the Purchase Agreement"to"the 1st Amendment to the Contract for Deed". MOTION: Case moved, seconded by Butcher,to authorize the execution of the 1st Amendment to the Contract for Deed for the sale of Lot 4 Block 1, Eden Prairie Marketcenter, to Hartford Financial Services, extending the closing date from April 28 to July 28,2000. Motion carried 5-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Renewal of Midwest Asphalt Corporation's Land Alteration Permit and Addendum A Covering Operating Conditions Jean Johnson explained that 1996 culminated a seven-year process to get Midwest Asphalt in conformance with land issues. Since 1996, operations at Midwest Asphalt have been covered by a Land Alteration Permit and associated addendum, renewable every two years. This allows the City to review how things have been going over the previous two years. The permit expired in March 2000. City Staff is now asking Council for another two-year extension of the permit. Johnson said Staff is not aware of any noise violations. Midwest has implemented the use of"smart beepers" for backing up on the site that should reduce noise levels. It was planned that a six-foot fence would be constructed atop the berm along the south edge of the property. However, Midwest questioned whether the fence would accomplish the screening desired. Some volunteer trees have grown on the berm, and Staff recommends the planting of trees and shrubs along the berm. Case said he is concerned that because the fence was never built, there is no guarantee that trees will be planted.. Johnson said it is a requirement of the permit that 60-plus trees be planted this growing year. If the trees die the City could require a bond. The berm was constructed out of rubble. It would likely be regraded if the property were sold to a developer in the future. Thorfinnson asked if the City should require the trees be planted by June • 30. Johnson said Staff left it open, because in the past few years the weather has been quite dry in the spring and summer months, so the owner would like to plant when the weather is best. The permit states they could be planted any time this year as weather permits. Rosow said,in response to Case's inquiry,when there has been a violation of the permit the City has chosen enforcement rather than requiring a bond. The permit was negotiated in 1996 to resolve use of the land. CITY COUNCIL MINUTES April 18,2000 Page 10 Issuing a permit was deemed at the time to be the best solution to bring the site into conformance with what is in the best interests of the City. Butcher said she thought reviewing the lease every two years seemed quite stringent. Rosow said it is intentionally stringent in order for the City to maintain control. MOTION: Butcher moved, seconded by Thorfinnson, to direct Staff to execute a two-year extension of the Land Alteration Permit and Addendum A for Midwest Asphalt Corporation. Discussion followed. Case noted that Addendum A.1.c. gives Midwest the option to choose among various kinds of fast-growing trees like cottonwood, poplar and boxelder. If Midwest were to stay on this property for a number of years, he wondered if this Council is creating problems for a future Council by allowing these types of trees to be planted. There are neighbors to the south on Edenvale who would be exposed to whatever goes in there. He would prefer to do the job right by planting a nice tree mass that would stay permanently. Tyra-Lukens expressed concern that nothing would grow in this berm made of rubble. Thorfinnson said Midwest Asphalt won't be there forever. The City is trying to give as much relief in the shortest amount of time by allowing these fast-growing trees to be planted. No matter what happens on this site, there will have to be grading in the future when the property is redeveloped. Case said these trees are not coniferous so they won't hide the property in the winter months. Dietz replied the list of trees represents input from Stu Fox of trees that would stand the best chance of success growing in this location. Motion carried 5-0. 2. Approve Agreement with Hennepin County,Marshalls, and City for Land Use at 9100 Eden Prairie Road Dietz said, as part of Eden Prairie Road improvements by Hennepin County, portions of the Marshall/Sailer property at 9100 Eden Prairie Road were acquired. The acquisition would be finalized with the signing of the agreement between the City, Hennepin County and the Marshalls. This taking necessitates the reconfiguration of Marshall's sale stand, garage and outside display areas. The agreement covers payment, conveyance of land, demolition of the City's old building and reconfiguration of uses on the properties. The City gave a Quit Claim Deed to the owners for the City property conveyed to them. /0 CITY COUNCIL MINUTES April 18,2000 Page 11 The City would grant permits to the owners for grading to develop and reconfigure the site. The City would consider a variance request to put the house in conformance with the new right-of-way. The buildings would be removed and the greenhouse moved behind the garage. There would be a total of 30 parking spaces. Part of the project includes a six-foot privacy fence and a double row of evergreens that would be planted between the driveway and the fence. Staff tried to restore what was once there. Case said he was pleased with the agreement and the fact the City was able to work it out with the owners. Stands like this are a reminder of the past. He asked that John Gertz document and photograph the building to be removed,which was the first fire station in the City. • MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the agreement between the City, Hennepin County and Marshalls, and to authorize the Mayor and Manager to execute the document. Motion carried 5-0. 3. TH 212, Segment II Compressed Staging Dietz explained that when plans on TH 212 were approved, certain staging plans were part of the construction documents. One requirement was that the bridges and connection of Wallace Road to Martin Road would be complete prior to any closure of Mitchell Road at TH 212. However, due to problems with relocation of a fiber-optics cable and design revisions necessary for one of the bridges at Wallace Road, the project will be delayed by about 13 months unless revisions to the approved staging plans are made. MnDOT has requested that closures at Mitchell Road be made without the Wallace/Martin access being available. Staff has concluded that emergency vehicle response times can be maintained and it would be in the best interest of the community and the motoring public to approve the compressed staging alternative. By adopting this compressed schedule, Mitchell Road would be closed as soon as possible, perhaps as soon as Monday, April 24. Traffic would still have access to TH 5/TH 212 and Mitchell Road to the south. In August or September 2000, Mitchell Road on the south side would be closed. At that time, lanes to the north would be open. At the end of November there would be access across TH 5/TH 212. By adopting the compressed schedule, the total closure of Mitchell Road would be compressed from 18 months to eight months and would keep the project on schedule. Work would then commence on the south ramps from TH 212 to Mitchell Road. Traffic would stay on the current bypass during the north leg closure and be switched to the new lanes during the south leg closure. Emergency routes would be established, and MnDOT has agreed to install Emergency Vehicle Preemption (EVP) devices to the traffic signals at the 1 I CITY COUNCIL MINUTES April 18,2000 Page 12 intersections of Mitchell Road and Technology Drive, and at Mitchell and TH 5, at their cost, and will remove them when the road is finished. The City may consider paying the estimated cost of the equipment for the Technology Drive intersection to reuse later. Traffic would be detoured onto Technology Drive to Prairie Center Drive during the south leg closure. Dietz said he has talked to the School District regarding buses, and they would have to make routing changes. ADC had planned to reconstruct Technology Drive adjacent to their property this year. However, due to the use of Technology Drive as a detour route, the project could be delayed until 2001. Dietz has talked to officials at ADC and they are not happy about this delay. The City's attorneys are reviewing the contract with ADC, and it may be necessary to allow them to begin construction in 2000. Dietz said Staff recommends Council authorize this compressed staging plan. MnDOT's contractor is waiting for Council's decision and would begin to notify the public beginning Wednesday,April 19. Mayor Harris asked if the bridge and ramps on the north side of TH 5 would be available beginning this fall. Dietz said the contractor believes he can get the pavement finished by the end of the construction season; otherwise, he would have to place temporary paving so the bridge will not be closed through the winter. Thorfinnson expressed concern about the effect on businesses along Mitchell Road and how impacts to them can be minimized. He wants MnDOT to at least keep businesses informed of what is happening. Dietz said probably not enough thought had been given to the business community. MnDOT had sent them information through newsletters, but could not tell them about the compressed schedule without the approval of the City Council. Because of the Council's meeting schedule, a short notice could not be avoided. Tyra-Lukens said public safety has to be the primary concern. Emergency vehicles must have access. In addition, she is concerned about the impact on businesses. She hoped the City or MnDOT would put up directional signage to these businesses. She would liked to have seen Wallace Road/Martin Drive being used as an alternate route during this time. Dietz said there will be construction going across and through that corridor; however, emergency vehicles would be allowed to use that route, when necessary. Butcher expressed concern about the impact on local businesses, and said it is necessary for MnDOT to meet with those businesses to figure out the most productive way for signage to be erected. Also handouts should be CITY COUNCIL MINUTES April 18,2000 Page 13 used to inform people about the different stages and when businesses would be accessible again. Dietz replied it would be appropriate to add conditions for MnDOT to the ones requested in the motion. Dietz said Enger has requested that the team the City put together at the beginning of the TH 212 project be put back in place to discuss such things as signage and other methods of communicating to the public. The Eden Prairie News has been very cooperative in providing updates. Case said the City should consider mailing a community flyer that would include safety issues, have information for commuters, and mention the businesses around the area impacted by the road closing. Tyra-Lukens said there would be more Eden Prairie traffic using TH 212. She would like Dietz to explore with MnDOT the possibility of getting changes to the light configurations along Eden Prairie Road so that the impact to east-west traffic would be less. Dietz suggested adding that to the conditions in the motion. Council further discussed the possibility of requesting MnDOT to increase the rates at ramp meters to the regional system. Enger said it might be worthwhile for Council to formulate what its concerns are and what they want MnDOT to accomplish. Council and Staff are at a disadvantage in not having a representative from MnDOT at the meeting, but Council could list the concerns and have MnDOT consider them. Mayor Harris thanked Mark Weber of the Eden Prairie News for his coverage of construction on Highway 5. She asked if representatives of local businesses impacted by the closing would like to address the Council. Mark Namtvedt, owner of Mark's Amoco service station on Mitchell Road north of TH 5, said he was most disappointed that this road closing was communicated to him by a MnDOT employee an hour or two before the Council meeting. His volume of gas sales is down 60 percent this year and he has a lot of money invested in inventory. Mr. Namtvedt believes the state and local governments should pay special attention to businesses. He was disappointed MnDOT did not have a representative at the meeting. Mr. Namtvedt expressed concern about whether the emergency route would be adequate to protect his business. He didn't want to be responsible for any environmental problem that might result if there were a fire. Mr. Namtvedt stated his belief that the Council should consider a little longer before making a decision. Pastor Rod Anderson,Pastor of St. Andrew Lutheran Church, said he was concerned with how long the closing of Mitchell Road would take. He 13 CITY COUNCIL MINUTES April 18,2000 Page 14 had hoped the work on Technology Drive would be completed before the closing of Mitchell Road. Mayor Harris said Council has indicated it is important to minimize the impact of this road closing, especially to the businesses. Any ways to reduce the pain should be explored. Although several Councilmembers wanted to wait until the next Council meeting to make a decision, Case reminded them a delay could mean not having the road open by November. Thorfirmson said he would like further consideration of providing access on Martin Drive to northbound Mitchell Road between now and the time the north leg ramps open. Mayor Harris said they should take full advantage of the construction season by approving the compressed schedule at this meeting, but include instructions to the Staff to look at alternatives. Dietz said the MnDOT project engineer offered to come to this meeting but Dietz hadn't thought it would be necessary. Enger said Council could direct Staff to work with MnDOT and get the team back together that met at the start of the TH 212 project. He said Staff would look at the most effective way to notify the public. Mayor Harris said she would recommend approval, and then have MnDOT come back to answer the concerns at the May 2 Council meeting. The most important factor is compressing the schedule down to eight months. Dietz said he would request a representative to come to the May 2 Council meeting. MOTION: Butcher moved, seconded by Case, to approve request from the Minnesota Depaitnient of Transportation (MnDOT) to modify the staging of the Segment II, TH 212 project in accordance with a letter proposal from Michael G. Beer, P.E. to Eugene Dietz, dated March 30, 2000, and subject to the following conditions: 1. That MnDOT proceed immediately to begin installation of emergency vehicle preemption at the signalized intersections of TH 5/Mitchell Road and Mitchell Road/Technology Drive. 2. Advanced warning signs regarding closure of the north leg of Mitchell Road be installed by April 19,2000 for a closure on April 24, 2000. 3. MnDOT will make every effort to provide notification to the motoring public in advance of the closure. MnDOT to provide additional business directional signage, flyers and public information similar to ly CITY COUNCIL MINUTES April 18,2000 Page 15 the effort that was made for the Prairie Center Drive bridge project. MnDOT to commit additional resources to public information and direct notification to businesses to update them on the proposed closure and provide frequent updates to businesses and residents. 4. An all-weather emergency vehicle access will be provided between TH 5 and Martin Drive along the westerly side of the building housing NAPA Auto Parts. 5. A fully signed detour route be established with input from City staff, including advanced notification of the closure at Baker Road/W. 62nd Street and Mitchell Road/CSAH 1. 6. That MnDOT not activate the meters from Prairie Center Drive to TH 212 until final completion of the Segment II project. 7. That the Mitchell Road bridge over TH 212 will be open to the motoring public during the winter of 2000/2001 (utilizing temporary paving if necessary). 8. That except for short intermittent closures, the Mitchell Road bridge • over the freeway will be available to emergency vehicles when the south leg of Mitchell Road is under construction. 9. Improve signal timing and coordination on Eden Prairie Road between Terrey Pine Drive, Highway 5 and Wagner Way. When the south leg of Mitchell Road is closed,residents and the motoring public will need every available alternative to be operating at peak performance in order to accommodate the re-routing necessitated by the closure of the south leg of Mitchell Road. 10. MnDOT to provide access to northbound Mitchell Road as soon as possible via the newly constructed ramps (in other words, access to northbound Mitchell Road should be a priority during the first stage closure of the north leg of Mitchell Road). Additionally, MnDOT is requested to examine short-term access possibilities via Martin Drive in advance of permanent access to Mitchell Road and examine increasing access rates at ramps to the regional system when the south leg of Mitchell Road is closed. Appropriate MnDOT staff is requested to review these issues and attend the May 2, 2000 Council meeting to address findings. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 15 CITY COUNCIL MINUTES April 18,2000 Page 16 1. City Manager's Evaluation and Merit Bonus Recommendation Tyra-Lukens reported that she and Councilmember Thorfmnson conducted a performance evaluation of the City Manager over the past month. As a result of that,they made a recommendation for a merit bonus award to Chris Enger of 3.5 percent of his 1999 salary. This was presented to the Council at a March 21 Council meeting and earlier this evening they met with Enger regarding the goals Council hopes he will accomplish next year. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the City Manager's 1999 evaluation and merit bonus award of 3.5 percent of his 1999 salary. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City • Council meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfmnson moved, seconded by Butcher, to move into a closed session regarding threatened litigation, and therefore to adjourn the City Council meeting. Mayor Harris adjourned the meeting at 9:40 p.m. CITY COUNCIL AGENDA DATE: May 2, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development Clerk's License Application List ITEM NO.. &Financial Services/ V.A. Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. New Liquor License Shady Oak Hospitality LTD Partnership DBA: Hilton Garden Inn (See attached Memo) Commercial Lawn Fertilizer Applicators Green Masters Inc May 2,2000 - 1 - POLICE sclEn MEMORANDUM prairie TO: Chief Jim Clark THROUGH: Sgt. Dennis Paulson FROM: Cpl. Joyce Holte Conley DATE: April 24, 2000 SUBJECT: Liquor Investigation: Hilton Garden Inn Eden Prairie I have completed background checks on the following individuals from the Hilton Garden Inn Eden Prairie. Colin Christopher Klipfel DOB/01/09/1970 Thomas Clifford Wold DOB/06/24/1937 Steven Dwight Hanson DOB/03/27/1951 Donald John Wold DOB/06/01/1943 James Peter Wold DOB/06/17/1935 All the checks that have been completed, came back clear. I am waiting on the FBI's response from the fingerprint cards I submitted on 04/17/2000. Based on the results of the investigation at this time, I see no reason for the above named individuals from proceeding in the process. CITY COUNCIL AGENDA DATE: May 2, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Stringer Addition Engineering Services Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Stringer Addition Synopsis This plat consists of a combination of Lots 10 and 11, Block 6, Bearpath Second Addition. This proposal falls under the guideline for a"simple subdivision" defined within the City Code. A hearing for the Vacation (00-04) of underlying easements on Lots 10 and 11, Block 6 is scheduled for June 6, 2000. Background Information Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$280.00 • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Completion of vacation of underlying drainage and utility easement Attachments Drawing of final plat • RS:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF STRINGER ADDITION WHEREAS, the plat of Stringer Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Stringer Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 2, 2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 2, 2000. Jean L. Harris,Mayor .ATTEST: SEAL Kathleen A. Porta, City Clerk Z33aa II ^ I �i Ia. 1 I 1_ b i ° � i Y 3 U lJ a 1 I 3 %I . a y Q U 1 I iLIft 3 63 Re dA: '� I I Q g e a.l F t 7 • P o M b VI a F.2 a 3 in .M a7 I g ';R °a xi' ' y b I g •? ; ° ? ° a 7. a a it I P."' JI 11 A 7 I} w! 9i i H 1$ 6 c � 1 I R , 4 F # � I '' ! I 1 z I D u I #u9 C d a a '4' 0 3 5 `R k i " ,4' ii a ` I 1ii �;3 .4 a U 3 v 1 s P. I 9 1 i air 9i a. a, Z � a�j �r� E i A s 0 P: i a.3 �4z 9 _ a a • F Leg I I c) I a 41, <L C 60 220.16 N01 56'13�W 1 I Ir— I IN cc. <) N NC) (i) m_ • I e-- c_ I ^ F -rI Z ) I— I Y P, C) I U\ C.) r =--IJ / , � � m ...._- CO " / �IC1r / s 0 - = \ /// �- \ �N Z 3 R CA w \ / / \ „5 ' • lid\ m. ''aJ \ J / x`r,• \\ . \ 6 • Oa / .tip +> ,,= 3 YQ .r \ / yb' LI e s t, / F- I ; i W=W'3 <-. n. �/ C) >> L 1—J �z oI ;�; \ 0' \ a� _ r—' '''.1oo 2 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sandy Werts Senior Awareness Week Senior Center Proclamation C' Parks and Recreation Services Requested Action Move to: Accept the proclamation designating May 5 through May 19, 2000 as Senior Awareness Week in Eden Prairie. Synopsis Senior Awareness Week is Eden Prairie's Celebration of Older American's Month that is celebrated nationally in May. This year the activities span 15 days from May 5 through May 19. Numerous activities are offered by organizations serving seniors in the community. A two-page insert featuring the activities available was published in the April 27 issue of the Eden Prairie News. This years theme is "Seniors: 2000 and Beyond." A group of seniors will be present at the May 2 Council meeting at 7:00 p.m. to receive the proclamation. Background The first Senior Awareness Week was held in September of 1990. It was moved to May in 1991 to celebrate Older Americans Month. All of the services supporting seniors in Eden Prairie are invited to participate. Attachments: Proclamation 1 PROCLAMATION City of Eden Prairie Hennepin County,Minnesota WHEREAS,the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City- -families,businesses, and government; and WHEREAS, every segment of our society is influenced by the needs,resources and expertise of our senior citizens; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and • WHEREAS,the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the org ni7ations that serve older adults; and WHEREAS,the theme"Seniors:2000 and Beyond", describes the presence the seniors will have in our community, NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 5 through May 19, 2000 to be "SENIOR AWARENESS WEEK" • In the City of Eden Prairie,Minnesota ADOPTED by the Eden Prairie City Council on this 2nd day of May,2000. IN WITNESS WHEREOF,I have affixed the seal of the City of Eden Prairie. Jean L. Harris, Mayor on behalf of Council Members: Ron Case Sherry Butcher Younghans Ross Thorfinnson, Jr. Nancy Tyra-Lukens J I lr • CITY COUNCIL AGENDA DATE: 05/02/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Krista Flemming Prairie Hill Evangelical Free Church Addition Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Prairie Hill Evangelical Free Church Addition. Synopsis Prairie Hill Evangelical Free Church is proposing a 10,712 square foot addition to the existing church for a total building size of 21,560 sq. ft. located at 17200 Valley View Road. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement • PRAIRIE HILL EVANGELICAL FREE CHURCH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,1VIINNESOTA ORDINANCE NO. 15-2000-PUD-8-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District 15-2000-PUD-8-2000 (hereinafter "PUD-8-2000-Public"). Section 3. The City Council hereby makes the following findings: A. PUD-8-2000-Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2000-Public is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-2000-Public are justified by the design of the development described therein. D. PUD-8-2000-Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Public Zoning District and shall be included hereafter in the Planned Unit Development PUD-8-2000-Public, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. a Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. • Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of April, 2000, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 2nd day of May, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 PRAIRIE HILL EVANGELICAL FREE CHURCH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 15-2000-PUD-8-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 17200 Valley View Road within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. • ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Prairie Hill Evangelical Free Church Legal Description: All that part of the West 1/2 of the Northwest 1/4 of Section 8, Township 116 North, Range 22 West of the 5th Principle Meridian, lying southerly of the southerly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railway and lying northerly of the following described line: Commencing at the southwest corner of the Northwest Y4 of the said Section 8; thence North 1 degree 09 minutes 08 seconds West a distance of 864.92 feet to the centerline of the present Chicago, Milwaukee, St. Paul and Pacific Railroad Track; thence North 61 degrees 37 minutes 30 seconds East along the centerline of said railroad track, a distance of 775.11 feet; thence South 42 degrees 42 minutes 12 seconds East a distance of 44.90 feet to the southerly right-of-way line of said Chicago, Milwaukee, St. Paul and Pacific Railway; thence North 61 degrees 37 minutes 30 seconds East along said southerly right- of-way line a distance of 41.28 feet to the point of beginning of the line to be described; thence South 42 degrees 42 minutes 12 seconds East a distance of 528.77 feet; thence southeasterly a distance of 83.22 feet along a tangential curve concave to the northeast, having a radius of 1869.86 feet, a central angle of 2 degrees 33 minutes 00 seconds; thence North 44 degrees 44 minutes 48 seconds East a distance of 35 feet; thence southeasterly a distance of 54.28 feet along a non-tangential curve concave to the northeast, having a radius of 1834.86 feet, a central angle of 1 degree 41 minutes 42 seconds and the chord of said curve is 54.28 feet in length and bears South 46 degrees 06 minutes 03 seconds East; thence North 34 degrees 49 minutes 48 seconds East a distance of 136.99 feet more or less to its intersection with the east line of the West %z of the Northwest 1/4 of said section 8 and there terminating. PRAIRIE HILL EVANGELICAL FREE CHURCH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE HILL EVANGELICAL FREE CHURCH ADDITION BY PRAIRIE HILL EVANGELICAL FREE CHURCH WHEREAS, Prairie Hill Evangelical Free Church, has applied for Site Plan approval of Prairie Hill Evangelical Free Church Addition on 5.38 acres for construction of a 10,712 square foot addition to the church, to be zoned in the Public Zoning District on 5.38 acres by an Ordinance approved by the City Council on May 2, 2000; and WHEREAS, the Planning Board reviewed said application at a public hearing at its March 13, 2000 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 18, 2000,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Prairie Hill Evangelical Free Church, for the construction of a 10,712 square foot addition to the church, based on plans dated April 6, 2000, between Prairie Hill Evangelical Free Church and the City of Eden Prairie. ADOPTED by the City Council on May 2, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT PRAIRIE HILL EVANGELICAL FREE CHURCH ADDITION THIS AGREEMENT is entered into as of May 2,2000,by Prairie Hill Evangelical Free Church, a Minnesota Nonprofit Organization,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Planned Unit Development Concept Review on 5.38 acres; Planned Unit Development District Review on 5.38 acres; Zoning District Amendment within the Public Zoning District on 5.38 acres; and Site Plan Review on 5.38 acres, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.2000-65 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: Standard Conditions: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated April 6,2000,reviewed and approved by the City Council on April 18,2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXIIIBIT C: Developer agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints,loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors, subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property,Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 8. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined • by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Plarmer shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. • 9. PRETREATMENT PONDS: Prior to issuance of the land alteration permit on the' Property,Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property,Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 10. PROOF OF PARKING SPACES: Developer and City acknowledge that the 40 proof of parking spaces proposed for the Property,depicted in Exhibit B, are designated for use by the Prairie Hill Evangelical Free Church and that said spaces are not required to be constructed at this time. • At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the Prairie Hill Evangelical Free Church use,the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of- parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 10. TRASH ENCLOSURE: Developer has submitted to the City Planner,and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. • 10 CITY COUNCIL AGENDA DATE: 4/18/00 SECTION: Consent Agenda ITEM NO.: SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development Donald R.Uram Target Expansion Michael Franzen Requested Action Move to: • Approve 2"d Reading of the Ordinance for PUD District Review with waivers on 8 acres and Zoning Amendment within the C-Reg-Ser Zoning District on 8 acres; and • Adopt the Resolution for Site Plan Review on 8 acres; and • Approve the Developer's Agreement for Target Expansion Synopsis This is a 41,670 sq. ft. building expansion and parking lot improvements. The expansion was depicted as part of a larger phasing plan presented by General Growth Properties during the Eden Prairie Mall Theatre and Von Maur approvals in 1999. The site plan is consistent with the phasing plan. The site is located on Flying Cloud Drive at the Eden Prairie Center. Attachments 1. Ordinance for PUD District Review and Zoning Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement TARGET EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 17-2000-PUD-10-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-Reg-Ser Zoning District 17-20 00-PUD-1 0-2000 (hereinafter "PUD-1 0-20 00-C-Reg-S er"). Section 3. The City Council hereby makes the following findings: A. PUD-10-2000-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-2000-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-10-2000-C-Reg-Ser are justified by the design of the development described therein. D. PUD-10-2000-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is • amended within the C-Reg-Ser Zoning District and shall be included hereafter in the Planned Unit Development PUD-10-2000-C-Reg-Ser, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. I`11tST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of March, 2000, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 2nd day of May, 2000. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 TARGET EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 17-2000-PUD-10-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at Flying Cloud Drive at the Eden Prairie Center within the C-Reg-Ser Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) f E7ITIBIT A TARGET EXPANSION Lot 1,Block 1, Eden Prairie Center 8th Addition. Proposed Property Description: That part of Lot 2, Block 1, Eden Prairie Center 8th Addition, according to the recorded plat thereof,Hennepin County,Minnesota, described as commencing at the most westerly corner of Lot 1,Block 1, Eden Prairie Center 4th Addition, according to the recorded plat thereof; thence on and assumed bearing of South 49 degrees 00 minutes 00 seconds East, along a northeasterly line of said Lot 2, a distance on 606.91 feet to an angle point in said Lot 2; thence North 86 degrees 00 minutes 00 seconds East, along a northwesterly line of said Lot 2, a distance of 42.43 feet to an angle point in said Lot 2; thence North 41 degrees 00 minutes 00 seconds East, along a northwesterly line of said Lot 2, a distance of 14.95 feet to the point of beginning; thence South 49 degrees 00 minutes 40 seconds East a distance of 49.91 feet; thence North 41 degrees 01 minute 36 seconds East a distance of 309.08 feet; thence North 49 degrees 00 minutes 40 seconds West a distance of 69.83 feet; thence North 40 degrees 59 minutes 20 seconds East a distance of 26.50 feet; thence North 49 degrees 00 minutes 40 seconds West a distance of 57.39 feet to a northwesterly line of said Lot 2;thence South 3 degrees 59 minutes 12 seconds East, along said northwesterly line of Lot 2, a distance of 59.43 feet to an angle point in said Lot 2; thence South 49 degrees 00 minutes 00 seconds East, along a northwesterly line of said Lot 2, a distance of 10.20 feet to an angle point in said Lot 2; thence South 41 degrees 00 minutes 00 seconds West, along a northwesterly line of said Lot 2, a distance of 35.00 feet to an angle point in said Lot 2, a distance of 35.00 feet to an angle point in said Lot 2; thence North 49 degrees 00 minutes 00 seconds West, along a northwesterly line of said Lot 2, a distance of 5.00 feet to an angle point in said Lot 2; thence South 41 degrees 00 minutes 00 seconds West, along a northwesterly line of said Lot 2, a distance of 120.00 feet to an angle point in said Lot 2; thence North 49 degrees 00 minutes 00 seconds West, along a northwesterly line of said Lot 2, a distance of 5.00 feet to an angle point in said Lot 2; thence South 41 degrees 00 minutes 00 seconds West, along a northwesterly line of said Lot 2, a distance of 120.00 feet to an angle point in said Lot 2; thence South 49 degrees 00 minutes 00 seconds East, along a northwesterly line of said Lot 2, a distance of 29.96 feet to an angle point in said Lot 2; thence South 41 degrees 00 minutes 00 seconds West, along said northwesterly line of Lot w, a distance of 138.54 feet to the point of beginning. 5 TARGET EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TARGET EXPANSION BY TARGET CORPORATION AND GENERAL GROWTH PROPERTIES WHEREAS, Target Corporation and General Growth Properties have applied for Site Plan approval of Target Expansion on 8 acres for a 41,670 sq. ft. expansion and parking lot improvements in the C-Reg-Ser zoning district. The project is located at Flying Cloud Drive at the Eden Prairie Center, to be zoned C-Reg-Ser on 8 acres by an Ordinance approved by the City Council on May 2, 2000; and, WHEREAS, the Planning Board reviewed said application at a public hearing at its February 28, 2000 meeting, and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 21, 2000 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Target Corporation and General Growth Properties for a 41,670 sq. ft. expansion and parking lot improvements in the C-Reg-Ser zoning district, based on plans dated March 9, 2000, between Target Corporation and General Growth Properties, and the City of Eden Prairie. ADOPTED by the City Council on May 2, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Target Expansion DEVELOPER'S AGREEMENT THIS AGREEMENT is entered into as of May 2,2000,by Target Corporation, a Minnesota corporation, and Eden Prairie Mall L.L.C., a Delaware limited liability company,hereinafter referred • to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 87.13 acres, Planned Unit Development District Review with waivers on 8.0 acres, Zoning District Amendment within the Commercial Regional Zoning District on 8.0 acres, Site Plan Review on 8.0 acres, and Preliminary Plat on 57 acres into 2 lots, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional District, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer shall construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated March 21, 2000,reviewed and approved by the City Council on March 21, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C:Developer agrees to the terms,covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS PARKING AND MAINTENANCE AGREEMENT: Developer agrees to abide by the terms and conditions of Amended and Restated Operating Agreement for the Eden Prairie Center, document number 6374665 recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors,suppliers and agents. City shall not release developer from its responsibilities to release, defend and indemnify because of any inspection,review or approval. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. • 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers, as depicted on Exhibit B, attached hereto,to City Code requirements within the Commercial Regional Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Zero lot building setback • Zero lot line parking setback. • Signs on the north elevation from 300 sf.to 544.5 sf. • Signs on the west elevation from 300 sf.to 355.5 sf. 9 • Exterior materials waiver from 75% face brick and glass to 59.52% sf. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. CITY COUNCIL AGENDA DATE: May 2,2000 SECTION: Consent SERVICE AREA: ITEM DESCRIPTION: 1'1'EM NO. Community Development Lincoln Parc Apartments-Project Management &Financial Services: Agreement Don Uram David Lindahl Requested Action: Move to: Authorize the Mayor and City Manager to execute a Project Management Agreement by and between the City of Eden Prairie and Hartford Associates,LLC, for the Lincoln Parc Apartment project. Synopsis: The Project Management Agreement specifies: • The terms for the use of Tax Increment Financing and Community Development Block Grant(CDBG) funding. • Repayment obligations of the developer. • General default provisions. • Rent schedules for the affordable units. Background: Lincoln Parc is a 186-unit rental apartment proposal to be located on Eden Road next to the City water tower. The developer is proposing use "pay as you go" Tax Increment Financing and a CDBG loan to provide 37 affordable units to persons with incomes below 50% of the median income for the metro area, which is the minimum required when using Tax Increment. Another 102 units will be affordable to persons with incomes below 80% of the area median. The balance of units (47)will rented at market rates. Attachments: Project Management Agreement PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE(CITY) AND HARTFORD ASSOCIATES,LLC (DEVELOPER)• THIS PROJECT MANAGEMENT AGREEMENT is made as of between THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota(the"City"), and the Developer, a Minnesota limited liability company. The Agreement consists of: 1. The body of the agreement, consisting of 16 pages; 2. Exhibit A,the legal description of the project property; 3. Exhibit B,the CDBG Amortization; 4. Exhibit C,the CDBG Promissory Note; 5. Exhibit D,the First Mortgage; 6. Exhibit E,the prospective initial rent roll; 7. Exhibit F,the TIF Repayment Promissory Note. RECITALS: WHEREAS,the Developer is the owner of that certain real property located in the City and legally described as set forth on Exhibit A, on which the Developer is to construct a 186 unit apartment building(the"Project"); and WHEREAS,to assist the Developer in the financing of the Project,the City has agreed to provide a loan to the Developer in the principal amount of$200,000 pursuant to the terms and conditions of Subsection 2.2; and WHEREAS,the City also has agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended(the"Tax Increment Act"); and WHEREAS,the City and the Developer desire to provide a written agreement with regard to the development and operation of the Project. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Agreement,the parties agree as follows: 1. Project Management. The City and the Developer agree that the Developer's management of the Project following completion of construction shall be subject to the terms and conditions set forth in this Agreement, including the remedies for noncompliance set forth herein or otherwise available by law. The Developer agrees that the Project will be completed and operational on or before December 31, 2001. If the Project is not completed and operational on or before December 31, 2001, other than for reasons outside of the Developer's control, or as agreed to by the City,the City may provide a notice of intent to terminate this Agreement. In the event the Developer has not substantially completed the Project within sixty (60) days following the delivery of the City's notice of intent to terminate this Agreement,Developer shall be in. default of this Agreement and subject to all remedies available to the City. 2. City Obligations. 2.1 Subject to all of the terms and conditions of this Agreement,the City agrees to provide, or to make available to,the Developer with regard to the Project the benefits described in this Section 2. 2.2 The City shall make a loan to the Developer in the original principal amount of Two Hundred Thousand and no/100D/ollars ($200,000.00)from Community 7' 3 Development Block Grant Funds,which the Developer shall use to pay bond issuance costs(the "CDBG Loan"). The CDBG Loan shall bear simple interest at the rate of 5%per annum. Subject to the HUD provisions set forth in Section 13 of this Agreement,CDBG Loan interest and principal shall be paid in annual payments on the anniversary of the date the loan is granted, in the amounts stated as"Total"in the loan repayment schedule attached as Exhibit B, commencing on the anniversary of the date the loan is granted in the year 2008 , and continuing through and including the earlier of(a)the anniversary of the date the loan is granted in the year 2027,or(b)a sale or exchange of the Project by the Developer, at which time all principal plus accrued but unpaid interest remaining shall be paid in a lump sum. Each semiannual payment will be applied first to the payment of accrued interest on the CDBG Loan and second,to the extent of any remaining amount,to the payment of principal on the CDBG Loan. The CDBG Loan shall be evidenced by a promissory note to be executed and delivered by the Developer to the City in the form attached as Exhibit C(the"CDBG Note")and shall be secured by a mortgage on the Project, subordinate to obligations incurred as a result of Tax Increment Financing in subsection 2.5 of this Agreement,in the form attached as Exhibit D (the"CDBG Mortgage"). 2.3 The City has established the Qualified Housing District in conformance with Minnesota Statutes, Sections 469.001 to 469.047,formerly Chapter 462. 2.4 The City has created,in conformance with the Tax Increment Act,a Housing Tax Increment Financing District No. 16(the"TIF District")within the Redevelopment Project,which TIF District shall include the Project. 2.5 If all other terms and conditions of this Agreement have been complied with and performed,the City shall pay to the Developer or its lender up to seventy-five percent (75%) of the"Tax Increment,"which shall mean the tax increments derived from the TIF District which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177 or otherwise pursuant to the Tax Increment Act,but not to exceed$5,249,700(the"Total TIF Support"), over a total period not to exceed fifteen(15)years (the"Initial Term"). [Note: The annual tax increment revenue generated by the Project is anticipated to be$349,980,based upon annual tax increment revenue of approximately$466,639. The total amount of tax increment revenue generated by the Project is expected to be $5,249,700.] The TIF Payments shall be used by the Developer to provide affordable housing units within the Project as described in subsection 3.1. The City's payment of annual tax increment funds.(the"Tax Increment Funds")shall be made semi-annually in two(2)equal installments per year, each installment to be paid within ten(10)business days of receipt by the City of property tax revenues from Hennepin County. The City's obligation to make each entire semi-annual payment is expressly contingent upon sufficient Tax Increment being generated during each semi-annual period to make such payments. In the event that Tax Increment generated is insufficient to make an entire payment,the City shall make payment in proportion to the actual Tax Increment generated. In no event will the City be required to make any payments of Tax Increment Funds from any funds whatsoever other than those generated by the TIF District. The Tax Increment Funds shall come from the Tax Increment generated by the TIF District. The Tax Increment Funds shall be the City's contribution to the Project. 3. Developer's Obligations. 3.1 Tenants. It is the express understanding of the Developer and the City that twenty percent(20%)of the dwelling units in the Project(the"Special Units")will qualify for the low-income housing tax credit pursuant to Section 42 of the Internal Revenue Code of 1986 5 (the"Code") (37 units total). The Special Units will be rented to individuals or families whose incomes do not exceed fifty percent(50%) of the area median gross income for the Minneapolis- St.Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, and as determined annually by HUD (the"Median Income"). It is the further express understanding of the Developer and the City that an additional fifty-five percent(55%) of the dwelling units (103 units) in the Project will be rented to individuals or families whose incomes do not exceed eighty percent(80%) of the Median Income. Maximum rent for safe harbor units shall be based on 1.5 persons per bedroom; "safe harbor units" shall be defined as in the federal tax law referenced in Minn. Stat. § 474.02, Subd. 8 (1999). The Developer must reexamine the income of each Special Unit household on an annual basis. If the income of a Special Unit did not exceed the applicable income limit upon commencement of such tenant's occupancy of a unit, the income of such tenant shall be treated as continuing not to exceed the applicable income limit until such tenant's income for a year shall exceed one hundred and forty percent(140%) of the Median Income for the year. In the event that a tenant's income exceeds such income limit,the Developer will notify the tenant that the tenant must vacate the Special Unit by the later of the date such tenant's lease expires or six months after the notice. The tenant may occupy another market-rate unit in the Project. 3.2 Rents. Prospective initial rents are shown on Exhibit E. The gross rent charged by the Developer for each Special Unit considered Very Low Income,which equates to twenty percent(20%) of the dwelling units in the Project(37 units total) shall not exceed thirty percent(30%) of the imputed income limitation applicable to such unit,as determined under Code Section 42, less any utility allowance for utilities paid by tenants,required by Code Section 42, annually. P• 6 The gross rent charged by the Developer for each Special Unit considered Low Income,which equates to fifty-five percent(55%) of the dwelling units in the Project(103 units total)shall not exceed thirty five percent(35%)of the imputed income limitation applicable to such unit,as determined under Code Section 42, less any utility allowance for utilities paid by tenants,required by Code Section 42,annually. 3.3 Notice of Rent Increase. The Developer will provide low-income tenants with written notice at least thirty(30)calendar days before implementing any rent increase. 3.4 Rent Roll. The Developer must submit for the City's review the Developer's initial and subsequent annual rent roll for Special Units. Additionally,the Developer must provide to the City the following calculation for each of the Special Units ("Actual Subsidy"): the amount by which the market rate rent for comparable units for such period exceeds the rent amount actually received by the Developer for such period. The Developer will submit annually the rent roll,and the City will review the rent roll and will approve any proposed rent roll,provided that such rents are not in excess of the rent limits applicable for Code Section 42 as set forth in subsection 3.2. A prospective initial rent roll is submitted as Exhibit E. Any rent roll submitted by the Developer will be considered approved unless disapproved by the City within thirty(30)business days after submission. The City shall provide detailed written reasons if any rent roll is disapproved. The Developer shall have sixty (60) days following receipt of any notice of disapproval to cure any objections the City has made in its notice of disapproval and to submit a revised rent roll to the City for review and approval as provided for in this Section. The Developer's failure to obtain the City's approval of revised rent rolls during such sixty(60)day cure period,unless such approval is unreasonably withheld by the City,shall constitute a default by the Developer. 3.5 Refusal to Lease. The Developer may not refuse to lease any unit in the Project to a prospective tenant on the basis of the prospective tenant's receipt of, or eligibility for,housing assistance, social security, or other types of public or private assistance. 3.6 Enforcement of Leases, Special Units. The Developer shall emphasize voluntary compliance by all Special Unit tenants with their leases but shall have the right to secure full compliance by tenants with the terms and conditions of their respective leases and may terminate any tenancy when,in the Developer's sole judgment, sufficient cause occurs under the terms and conditions of the tenant's lease. 3.7 Maintenance and Repairs. The Developer shall cause the buildings, appurtenances, equipment, and grounds of the Project to be maintained and repaired according to local codes. 3.8 Utilities and Services. The Developer shall make arrangements for water, electricity, gas, sewage and trash disposal,vermin extermination, decorating, laundry facilities, telephone services, and other utilities and services, as required by law, including the City Code. 3.9 Insurance. The Developer shall obtain and cause to be placed in force all forms of insurance as required by a lender, including but not limited to comprehensive insurance to cover all risks,including fire and extended coverage, in an amount equal to the full insurable value of the Project. 3.10 Governmental Orders. Unless under formal appeal,protested in good faith by the Developer in accordance with applicable law or regulation,the Developer shall take such actions as may be necessary to comply promptly with any and all orders or requirements affecting the Project which are placed upon the Project by any federal, state, county, or municipal authority having jurisdiction over the Project. n/ 3.11 Records and Reports. The Developer shall establish and maintain a comprehensive system of records,books, and accounts in a manner reasonably satisfactory to the City. The City may inspect the same during regular business hours upon reasonable notice thereof. The Developer shall submit to the City the annual compliance reporting required by the Minnesota Housing Finance City(the"MHFA")for the Low-Income Housing Tax Credit Program for Special Units. 3.12 Rent Reduction. The Developer will ensure that the reduced rents for Special Units as described in subsection 3.2 shall remain in place until either: (1)the Termination of this Agreement; (2)fifteen years from the date of first occupancy of the Project: or(3)until all of the Tax Increment specified in Section 2.5 is paid,whichever occurs first. 3.13 Additional Debt. The Developer will not incur debt, except for the Other Project Debt and other than in the Developer's ordinary course of business,without the City's written approval,which approval shall not be unreasonably withheld. 4. Termination of Agreement. This Agreement shall remain in full force and effect unless and until terminated as provided below. 4.1 Termination by Mutual Consent. To the extent allowed by law,this Agreement may be terminated by mutual written consent of the City and the Developer. 4.2 Termination by Right. The Developer shall have the unilateral right to terminate this Agreement at any time following the fifteen- (15)-year anniversary of the Agreement;provided,however, as a condition precedent to such termination prior to the 30-year anniversary of the Agreement,the Developer shall tender to the City all TIF payments which had been previously paid to the Developer by the City and which Developer has not yet provided as Actual Subsidy, and the Developer shall also tender to the City all payments which had been made to the Developer in connection with the CDBG loan. 4.3 Termination by City for Cause. a. If during the term of this Agreement,the Developer shall fail to comply with the terms of this Agreement,the City may provide notice of such default or failure and, if the Developer fails to cure within sixty (60) calendar days of receipt of notice or such greater time as allowed by City,may terminate this Agreement for cause upon thirty (30) calendar days' written notice to the Developer. Termination of this Agreement for cause shall subject the Developer to the remedies set forth in this Agreement or otherwise. b. Notwithstanding any provision to the contrary, and in addition to any other remedy,unless the termination is under formal appeal, protested in good faith by the Developer in accordance with applicable law or regulation,the Developer, in the event that this Agreement is terminated by the City for cause, and upon the receipt of a written demand by the City therefor, shall tender immediately to the City an amount equal to (i)the then unpaid balance of the CDBG Loan,together with accrued but unpaid interest and(ii)the value of the Tax Increment Funds already provided to the Developer. In the event the Developer fails to tender repayment of the CDBG Loan in full,plus all accrued but unpaid interest, as required by this provision,the City or its assigns,in addition to all other remedies,may proceed immediately to foreclose its subordinated mortgage on the Project in accordance with the terms of the CDBG Note and the CDBG Mortgage. 4.4 Termination by Developer for Cause. In the event that during the term of this Agreement,the City fails to provide annual Tax Increment Funds as provided for in subsection 2.5 hereof within ten(10)business days of receipt by the City of property tax revenues from Hennepin County, and the City has received from Hennepin County sufficient Tax Increment to make the required Tax Increment Fund payments,then City shall be in intentional default of this Agreement. The Developer shall provide written notice of such default,and, if the fa City fails to cure within thirty(30)calendar days or such greater time as allowed by the Developer,the Developer may either: • a. Commence an action in Hennepin County District Court for specific performance to compel the City to provide to the Developer all Tax Increment generated by the TIF District,up to the amount of the Annual Tax Increment Funds to be provided pursuant to subsection 2.5 hereof,or b. Terminate this Agreement for cause upon thirty(30) days' written notice to the City. If this Agreement is terminated by the Developer for cause due to City's intentional default,the Developer shall not be obligated to repay the City any portion of the Tax Increment Funds provided through the date of termination, provided,however,that all Tax Increment Funds in the Developer's possession at the time of the termination of the Agreement shall be applied by the Developer to provide affordable housing units within the Project,thus alleviating the hardship which would be caused to tenants if the Project were immediately • converted to market-rate rents. The City and the Developer shall agree on the application of said funds to provide affordable • housing units,and the City shall have the right to examine the Developer's records to ensure that the Tax Increment Funds are being applied to provide affordable housing units within the • Project. 4.5 Termination Due to Causes Beyond City's Control. In the event that during the term of this Agreement,the City fails to provide Tax Increment Funds in the percentage determined pursuant to subsection 2.5 hereof within ten(10)business days of receipt by the City of property tax revenues from Hennepin County because the City has not received from Hennepin County sufficient Tax Increment to make the required Tax Increment Fund Payments,then the City shall have been unable to perform under the terms of this Agreement for reasons beyond its control. The Developer shall provide written notice of such nonperformance, and the City shall have thirty(30)calendar days,or such greater time as allowed by the Developer,in which to determine whether to replace the Tax Increment Funds with payments to the Developer of other City funds. If the City elects not to replace the Tax Increment Funds,the Developer may terminate this Agreement after written notice to the City. Each time the City fails to make the required Tax Increment Fund payments for reasons beyond its control shall constitute a separate event of nonperformance under this subsection 4.4. Failure of the Developer to terminate this Agreement due to such nonperformance shall not waive the Developer's right to terminate under this subsection 4.4 with respect to any future nonperformance. If this Agreement is terminated by the Developer due to nonperformance beyond the control of the City,all of the Developer's and the City's obligations under this Agreement shall cease, except that any payments made in connection with the CDBG loan must still be repaid. 5. Reduction of Rents. In the event that the Tax Increment Funds financing described in subsection 2.5 are made available to the Developer in an amount equal to seventy- five percent(75%) of$466,639 annually during fourteen(14)years of the fifteen year Initial Term,the Developer shall continue to provide that until the Termination of this Agreement twenty percent(20%) of the rental dwelling units of the Project will be rented to individuals or families whose income does not exceed fifty percent(50%) of the Median Income, and that an additional fifty-five percent(55%) of the Project units will be rented to individuals or families whose income does not exceed eighty percent(80%) of the Median Income. 6. Reimbursement. Should the Developer cease to continue the Project's eligibility at any time prior to the Termination of this Agreement,the Developer shall be required to repay to the City the amount of the Total TIF Support previously received by the Developer and not yet provided as Actual Subsidy. Neither Developer nor any member,partner, shareholder, employee, officer or agent of Developer shall have any personal liability for the Developer's obligations under this Agreement,it being recognized by the City that the obligations of Developer under the TIF Note are nonrecourse obligations. In addition to the provisions of Section 13 hereof that apply when mortgage financing for the Project is insured by the United States Department of Housing and Urban Development("HUD"),the City agrees that the obligation to reimburse Total TIF Support shall be subject,junior and subordinate in all respects to all mortgage financing for the Project provided by a lender or lenders whose loans are not insured by HUD and whose loans in the aggregate do not exceed the fair market value of the Project(determined at the time such loan or loans are initially funded and assuming completion of initial construction of the Project). The priorities provided for in this section shall be applicable irrespective of the timing or order of filing or perfection of this Agreement and such other mortgage or mortgages. The City agrees to execute such other and further documents as may be reasonably requested by such lender or lenders to confirm and reflect the subordination provided for herein. 7. Assignments. 7.1 This Agreement shall inure to the benefit of and constitute a binding obligation upon the City,the Developer,and their respective successors and assigns. Any assignee, successor,buyer,lessee, or transferee of the Developer or the City shall be subject to all of the terms and conditions of this Agreement. 7.2 The Developer may sell,transfer,or assign its interest in the Project and this Agreement to any buyer,transferee,or assignee,which expressly assumes all of the Developer's obligations under this Agreement. 7.3 The City and the Developer understand that it is intended that the Developer be redefined as a new single-purpose corporate entity. The City shall not ‘3 unreasonably withhold approval of assignment by Developer to the new entity of any and all rights and obligations in this Agreement. 8. Prohibition on Conversion to Occupant-Owned Condominiums.During the term of this Agreement,the Developer or any assignee, successor, or transferee of the Developer shall be prohibited from converting the Project to condominium occupant-ownership,wherein single units constitute condominiums,and condominiums are owned by occupants. The Developer and the Developer's assigns, successors or transferees may convert the Project to condominium ownership wherein a group of units constitutes a condominium, condominiums are not owned by occupants, and each unit within the condominium is rented,rather than owned,by occupants. If the Project is converted to non-occupant condominium ownership,the Project shall continue to conform to the affordable housing requirements of this agreement,and the condominium owners shall be liable for compliance with the terms of this Agreement applicable to their condominiums. 9. Financial Statements. With each semiannual payment,the Developer will provide the City an unaudited statement of income and expenses and an unaudited statement of cash flow for the semiannual period to which the payment relates and which supports the amount of the payment being made to the City. Within sixty(60)days following the end of each calendar year, the Developer will provide the City an audited set of fmancial statements of the Development, including a statement of cash flow, setting forth the fmancial condition of the Development and the results of operation of the Project for the calendar year. 10. Amendments. This Agreement constitutes the entire agreement of the City and Developer, and no amendment or modification shall be valid and enforceable unless in writing, executed, and approved by both parties in the same manner as this Agreement. 11. Notices. Any notice required by this Agreement shall be sufficient if in writing and delivered as follows: To City: The City of Eden Prairie c/o City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344-2230 To Developer:Hartford Associates,LLC 1500 McAndrews Road West Burnsville,Minnesota 55337-4472 Attention: John C.Brandt or William H. Lykken 12. Change of Notice. Any party may from time to time designate a change in the contact person or contact information for notice to the other parties, by providing written notice via hand delivery,registered mail, or other delivery providing proof of receipt. 13. HUD Provisions. All of the provisions of this Agreement are subject to the following restrictions that will be imposed and be in effect in the event the mortgage loan on the Project is insured by HUD. 13.1 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,payments of interest and principal under the TIF Note shall be payable only from surplus cash(or residual receipts) of the Project, as the term"surplus cash" (or"residual receipts")is defined, and in accordance with the conditions prescribed,in the Regulatory Agreement executed by HUD and the Developer. The restriction on payment imposed by this paragraph shall not excuse any default caused by the failure of the Borrower to pay the TIF Note indebtedness. 13.2 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,the term of the TIF Note and the 1,5 Mortgage shall be extended if(i)the TIF Note matures,there is no surplus cash or residual receipts available for the repayment of the TIF Note and the Mortgage has not been retired in full,or(ii)HUD grants a deferment of the amortization,or a forbearance,of the TIF Note executed by the Developer in favor of another mortgage provider that results in an extended maturity of the first mortgage. 13.3 The TIF Note automatically will terminate and will be deemed satisfied if HUD acquires title to the Project by a deed in lieu of foreclosure. 13.4 The City shall not foreclose on the mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. 13.5 Nothing in this Agreement is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations,handbooks,administrative requirements,and lender notices in effect at the time of endorsement or the Mortgage Note or the documents required to be executed by the Developer in connection with the endorsement of the Mortgage Note,and,to the extent that they do so,the aforesaid regulations,handbooks, administrative requirements, lender notices, and documents shall control,and this document shall be amended so as not to alter or to conflict with the aforesaid regulations,handbooks,administrative requirements,lender notices and documents. This provision shall terminate and be void upon termination of the HUD insurance of the Mortgage Note so long as HUD does not directly hold a mortgage on the Project at such time. 13.6 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i)this Agreement may not be amended without the prior written consent of HUD and any successor holder of the first mortgage on the 16 Project, and(ii)it may not be sold,transferred, assigned, or pledged without the prior written approval of HUD. 13.7 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,prepayments of the debt evidenced by the CDBG Note(Exhibit C),the TIF Note and this Agreement may be made only with the prior written consent of HUD, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee. 14. Counterparts. This Agreement may be executed in counterparts, each of which will be an original agreement,but all of which together will be one agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. BORROWER: CITY: HARTFORD ASSOCIATES, LLC THE CITY OF EDEN PRAIRIE By: By: Its: Chief Manager Its: By: By: Its: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,by and ,the and ,respectively, of The City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public F6, xi- EXHIBIT A LEGAL DESCRIPTION OF THE PROJECT PROPERTY Lot 4,Block 1,Eden Prairie Marketcenter,Hennepin County,Minnesota D Sheet1 EXHIBIT B CDBG Amortization Lincoln Parc Interest Rate: 5.00% Principal: 200,000 #Years: 26 Principal Year Principal Interest Total Balance 2002 -10,000 10,000 0 210,000 2003 -10,500 10,500 0 220,500 2004 -11,025 11,025 0 231,525 2005 -11,576 11,576 0 243,101 2006 -12,155 12,155 0 255,256 2007 -12,763 12,763 0 268,019 2008 8,106 13,401 21,507 259,914 2009 8,511 12,996 21,507. 251,403 2010 8,936 12,570 21,507 242,466 2011 9,383 12,123 21,507 233,083 2012 9,852 11,654 21,507 223,231 2013 10,345 11,162 21,507 212,886 2014 10,862 10,644 21,507 202,023 2015 11,405 10,101 21,507 190,618 2016 11,976 9,531 21,507 178,642 2017 12,574 8,932 21,507 166,068 2018 13,203 8,303 21,507 152,865 2019 13,863 7,643 21,507 139,001 2020 14,556 6,950 21,507 124,445 2021 15,284 6,222 21,507 109,161 2022 16,049 5,458 21,507 93,112 2023 16,851 4,656 21,507 76,261 2024 17,693 3,813 21,507 58,568 2025 18,578 2,928 21,507 39,990 2026 19,507 1,999 21,507 20,482 2027 20,482 1,024 21,507 0 Totals 90,839 210,252 301,092 NA Pag/1 , EXHIBIT C COMMUNITY DEVELOPMENT BLOCK GRANT PROMISSORY NOTE Minneapolis,Minnesota 2000 . FOR VALUE RECEIVED,the undersigned(herein called the"Borrower")promises to pay to the order of The City of Eden Prairie,a public body corporate and politic under the laws of the State of Minnesota(herein called the"Lender"),or its assigns,the sum of Two Hundred Thousand and 00/100 Dollars($200,000.00) (the"CDBG Loan"),together with simple interest on the unpaid principal balance from time to time at the rate of five percent(5.0%)per annum. Said sum is made available to Borrower to assist with Borrower's financing of its acquisition of certain real property located on Lot 4,Block 1,Eden Prairie Marketcenter,Hennepin County,Minnesota within the City of Eden Prairie,Minnesota(herein called the"Project"). Subject to the following sentence and except as provided below,interest and principal on the Loan shall be payable in annual installments on the anniversary of the date the loan was granted in the amounts stated in the loan repayment schedule attached as Exhibit B, commencing on the anniversary of the date the loan was granted in the year 2008 and continuing through and including the anniversary of the date the loan was granted in the year 2027,at which time all principal plus accrued but unpaid interest remaining shall be due and payable in full. Each semiannual payment will be applied first to the payment of accrued interest on the Loan and second,to the extent of any remaining amount,to the payment of principal on the Loan. This Note is secured by a Mortgage of even date between the Borrower and the Lender(the "CDBG Mortgage"),and reference is made to the CDBG Mortgage and a certain Project Management Agreement of even date for the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the restrictions set forth in this Note and in the CDBG Mortgage. Neither the Borrower nor any general or limited partner,employee, or agent of the Borrower shall have any personal liability for the Borrower's obligations hereunder,it being recognized by the Lender that the obligations of the Borrower hereunder are nonrecourse obligations and that the remedies of the Lender are limited to the security provided in connection with this Note and the CDBG Mortgage. The Lender shall not foreclose on the CDBG Mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Demand,protest,and notice of demand and protest are hereby waived,and the undersigned hereby waives,to the extent authorized by law,any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. / �D The Borrower promises to pay all costs of collection,including but not limited to reasonable attorneys' fees,paid or incurred by the Lender on account of such collection, all costs associated with recording the CDBG Mortgage,and any other filing fees paid in connection with the CDBG Mortgage. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day and year first above written. BORROWER: HARTFORD ASSOCIATES, LLC By: Its: Chief Manager By: Its: V. A EXHIBIT D FIRST MORTGAGE THIS FIRST MORTGAGE (the"Mortgage") dated as of , 2000, is given by HARTFORD ASSOCIATES, LLC, a Minnesota limited liability company ("Mortgagor"), to THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota("Mortgagee"). PRELIMINARY STATEMENT OF FACTS Mortgagor is the owner of record in fee simple absolute of the real property situated in the City of Eden Prairie and legally described as set forth on Exhibit A, on which the Mortgagor is to construct a 186 unit apartment building (the "Project"). To assist Mortgagor in the financing of the Project, the City has agreed to provide a loan to the Mortgagor. Mortgagor is justly indebted to Mortgagee in the principal sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) as evidenced by a certain promissory note from Mortgagor (the "Note"), of even date herewith, payable to the order of Mortgagee, which Note is fully incorporated herein by reference and is secured hereby. NOW,THEREFORE, Mortgagor,in consideration of the foregoing and in consideration of the mutual covenants hereinafter contained, and in consideration of the sum of One Dollar($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to secure the payment of principal and interest of the Note according to its tenor and effect and payment of all sums, with interest thereon, due to Mortgagee and all other indebtedness hereby secured, and to secure the performance and observance of all the covenants, agreements, and provisions herein and in the Note, has executed and delivered this Mortgage and has granted,bargained, sold, conveyed, and mortgaged, and by these presents does hereby grant, bargain, sell, convey, and mortgage, to Mortgagee, its successors, and assigns, forever, all of the Premises, together with all of the improvements thereon or that may be placed hereafter thereon and all rents, issues, and profits arising therefrom(the"Mortgaged Premises"); TO HAVE AND TO HOLD the Mortgaged Premises, together with the hereditaments and appurtenances now or hereafter pertaining thereto to Mortgagee and its successors and assigns, forever; PROVIDED, NEVERTHELESS, that if Mortgagor, its successors, or assigns shall pay or cause to be paid all the indebtedness hereby secured,together with interest at the rate specified in the Note until maturity, and after maturity at the same rate in effect at maturity, and if Mortgagor shall strictly observe and perform all of the terms, provisions, and conditions herein contained and contained in the Note, then this Mortgage and the estate, right, and interest of Mortgagee in the Mortgaged Premises shall become void and of no effect. *AD, MORTGAGOR FURTHER COVENANTS as follows: ARTICLE 1. REPRESENTATIONS,WARRANTIES,AND COVENANTS OWNERSHIP. Mortgagor represents,warrants, covenants, and agrees that it is the lawful owner of record in fee simple absolute of the Mortgaged Premises;that the Mortgaged Premises are free from any and all liens and encumbrances excepting only such as are listed on said Exhibit A(the "Permitted Encumbrances"); that it will defend the title to the Mortgaged Premises against all claims and demands whatsoever not specifically excepted herein; that neither the Note, the Mortgage, nor the performance or observance by Mortgagor of any of the matters or things provided for in any thereof violate any court order, judgment, decree, or agreement to which Mortgagor is a party, or by which Mortgagor or its property may be bound or affected; that no approval, consent, or authorization of, or filing or registration with, any governmental or regulatory authority or agency is required in connection with the execution, delivery, and performance of this Mortgage and the Note other than the recordings and filings necessary to perfect the liens created hereby and thereby; that all applicable zoning laws, ordinances, and regulations affecting the Mortgaged Premises permit any present use and occupancy thereof. FURTHER ASSURANCES. At any time and from time to time, upon Mortgagee's request, Mortgagor shall make, execute, and deliver or cause to be made, executed, and delivered to Mortgagee, and where appropriate, shall cause to be recorded or filed and from time to time thereafter to be re-recorded or re-filed, at such time and in such offices and places as shall be deemed desirable by Mortgagee, any and all such further mortgages, instruments of further assurance, certificates, and other documents as Mortgagee may consider necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve, the obligations of Mortgagor under the Note and this Mortgage, and the lien of this Mortgage as a first and prior lien upon all of the Mortgaged Premises, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor to do so,Mortgagee may make, execute, record, file, re-record, or re-file any and all such mortgages, instruments, certificates;and documents for and in the name of Mortgagor, and Mortgagor hereby irrevocably appoints Mortgagee the agent and attorney-in-fact of Mortgagor to do so. Mortgagor further agrees to pay to Mortgagee, upon demand, all costs and expenses incurred by Mortgagee in connection with the preparation, execution, recording, filing, re-recording, and re-filing of any such documents, including the charges for examining title and the attorneys' fees for rendering an opinion as to the priority of this Mortgage or other security instrument as a valid first and subsisting lien. However,neither a request so made by Mortgagee nor the failure of Mortgagee to make such a request shall be construed as a release of the Mortgaged Premises, or any part thereof, from the lien of this Mortgage, it being understood and agreed that this covenant and any mortgage or security instrument delivered to Mortgagee are cumulative and given as additional security. OPERATION AND MAINTENANCE. Mortgagor will cause the Mortgaged Premises and every part thereof to be maintained, preserved, and kept in safe and good repair and condition, will not commit or permit waste thereon, will not remove, demolish, or alter the design or structural character of any building hereafter erected upon all or any part of the premises without the prior written consent of Mortgagee, will complete or cause to be completed forthwith any improvements which may hereafter be under course of construction upon the Premises, and will comply or cause compliance with all laws and regulations of any governmental,authority with reference to the Mortgaged Premises and the manner of using or operating the same, and with all restrictive covenants, if any, affecting the title to the Mortgaged Premises, or the use thereof. PAYMENT OF TAXES. Mortgagor, before any penalty attaches thereto, shall pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies (the "Impositions") imposed upon or against Mortgagor, the Mortgaged Premises, or any property of Mortgagor or upon or against the Note and the indebtedness secured hereby or upon or against the interest of Mortgagee in the Mortgaged Premises or in the Note or the debt secured by this Mortgage, except taxes measured by the net income of Mortgagee. Receipts evidencing payment by Mortgagor of such Impositions shall be furnished promptly to Mortgagee. In the event of any legislative action or judicial enactment after the date hereof imposing upon Mortgagee the obligation to pay any such Impositions, or deducting the lien of the Mortgage from the value of the Mortgaged Premises for the purpose of taxation, or changing in any way the laws now in force for the taxation of mortgages, or debts secured thereby, for state or local purposes, or the manner of the operation of any such taxes so as to affect the interest of Mortgagee, then, and in such event, Mortgagor shall bear and pay the full amount of such taxes, assessments, or charges before penalty attaches for nonpayment thereof. If for any reason payment by Mortgagor of any Impositions would be unlawful, or if the payment thereof would constitute usury or render the loan or any other indebtedness secured hereby wholly or partially usurious or uncollectible under any of the terms or provisions of this Mortgage, the Note, or otherwise,then Mortgagee, at its option, may declare the loan indebtedness secured hereby, with interest thereon, to be immediately due and payable, or Mortgagee, at its option, may pay such amount or the portion of the Impositions as renders the loan or indebtedness secured hereby unlawful or usurious or uncollectible, in which event Mortgagor will, concurrently therewith,pay the remaining portion or balance of said Impositions. If, by reason of any default by Mortgagor hereunder, Mortgagee declares all sums secured hereby to be due and payable immediately, Mortgagee may then apply any funds in said account against the entire indebtedness secured hereby. Mortgagee may from time to time, at its option, waive, and after any such waiver, reinstate, any or all provisions hereof requiring such monthly deposits by Mortgagor. INSURANCE. Required Coverage. Mortgagor shall at its sole expense obtain for, deliver to, and maintain for the benefit of Mortgagee, during the life of this Mortgage, insurance policies issued by an insurer or insurers acceptable to Mortgagee in such amounts as set forth below, insuring Mortgagor and the Mortgaged Premises against loss from: Claims for bodily injury, death, or property damage occurring in, on, or about the Mortgaged Premises; workers' compensation claims; perils generally included in the term "builder's risk insurance" in the one hundred percent(100%) completed value nonreporting form during any period of construction on the Mortgaged Premises; and such other insurable hazards, casualties, and contingencies as Mortgagee may reasonably require; and shall promptly pay, when due, any premium on such insurance policies 2 a1-4 and on any renewals thereof. The form of such policies and the companies issuing them shall be acceptable to Mortgagee. Policy Limits. The policies of insurance required hereunder are general public liability insurance affording protection to the limit of not less than with respect to the injury or death of a single person, and to the limit of not less than with respect to any one occurrence, and to the limit of not less than with respect to property damage per occurrence. Evidence of Coverage. Each of said policies and renewals thereof shall be held by Mortgagee and shall contain a noncontributory mortgage endorsement making losses payable to Mortgagee and an agreement by the insurer that the same shall not be canceled without at least ten(10) days' prior written notice to Mortgagee. At least ten(10) days prior to the expiration date of all such policies, renewals thereof satisfactory to Mortgagee. shall be delivered to Mortgagee. Mortgagor shall also deliver to Mortgagee receipts evidencing the payment of all premiums on such insurance policies and renewals. Delivery of the insurance policies and renewals thereof shall constitute an assignment to Mortgagee, as further security, of all unearned premiums. In the event of loss, Mortgagor will give immediate written notice to Mortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor. In the event of foreclosure of this Mortgage or any other transfer of title to the Mortgaged Premises in extinguishment of the indebtedness and other sums secured hereby, all right, title, and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser or grantee. Access. Mortgagor shall grant to Mortgagee access to and the right to inspect the Mortgaged Premises at all reasonable times. MORTGAGEE'S RIGHT TO CURE MORTGAGOR'S DEFAULT. If Mortgagor shall fail to comply with any of the terms, covenants, and conditions herein with respect to the procuring of insurance, the payment of taxes, assessments, and other charges, the keeping of the Mortgaged • Premises in repair or any other term, covenant, or condition herein contained, Mortgagee may make advances to perform the same, and where necessary, enter the Mortgaged Premises for the purpose of performing any such term, covenant, or condition. Mortgagor agrees to repay all sums so advanced upon demand, with interest from the dates such advances are made, at the same rate of interest borne by the indebtedness evidenced by the Note, and all sums so advanced, with interest, shall be secured hereby in priority to the indebtedness evidenced by the Note, but no such advance shall be deemed to relieve Mortgagor from any default hereunder. NO LIENS. Mortgagor shall keep the Mortgaged Premises free and clear of all liens and encumbrances, other than the Permitted Encumbrances, and will not suffer to exist any mechanic's, statutory, or other lien on the Mortgaged Premises or any part thereof which might or could be held to be equal or prior to the lien of the Mortgage SALE OR TRANSFER. If Mortgagor sells, transfers, or conveys (whether voluntarily or by operation of law) all or any part of its interest in all or any part of the Mortgaged Premises (regardless of whether the buyer or transferee assumes the obligations of the Mortgagor hereunder or takes the Mortgaged Premises subject to said obligations) or permits such sale, t transfer, or conveyance, without obtaining, in each instance, the prior written approval of Mortgagee, Mortgagee shall have the right, at its option, to declare the unpaid principal balance of the Note, and all accrued interest thereon, together with all sums advanced hereunder immediately due and payable without notice. In the event of any such sale, transfer, or conveyance, Mortgagee,without notice to any person, firm, or corporation, is hereby authorized and empowered to deal with any such buyer or transferee with reference to the Mortgaged Premises or the indebtedness secured hereby,or with reference to any of the terms and conditions hereof, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. A mortgage, security agreement, mechanic's lien, or other lien or encumbrance, voluntarily or involuntarily created or given, and whether prior or subordinate to the lien of this Mortgage, shall be deemed a sale, assignment, conveyance, or transfer under this Section. However, any nonconsenting lien shall not be so deemed if, within sixty(60) days of the recording thereof, the same is released and satisfied of record or, within said sixty(60) day period, Mortgagor notifies Mortgagee of Mortgagor's intent to contest said lien and furnishes to Mortgagee a bond or other security against said lien reasonably satisfactory to Mortgagee. PARTIAL RELEASES. Notwithstanding the anything to the contrary contained above, Mortgagor may sell and convey parts of the Mortgaged Premises at any time that no uncured Event of Default exists. In such event, Mortgagee shall partially release parts of the Mortgaged Premises from the lien of this Mortgage upon payment by Mortgagor to Mortgagee of the sum of and /100 Dollars($ ) in reduction of the principal balance then outstanding under the Note for each acre of the Mortgaged Premises to be so released (the "Partial Release Payment"). To accomplish such partial releases, Mortgagor shall present a properly drafted partial release form to Mortgagee for signature, together with a Minnesota Registered Surveyor's certificate of the correct legal description and acreage, computed to the nearest one-hundredth(1/100) of an acre, of the portion of the Mortgaged Premises to be released, together with the Partial Release Payment in cash or guaranteed funds, whereupon Mortgagee shall execute and deliver to Mortgagor such partial release. At all times until the Note is paid in full, all parts of the Mortgaged Premises remaining subject to this Mortgage shall have immediate access to a dedicated, constructed, and traveled public road. All portions of the Mortgaged premises so released shall be contiguous to portions previously released. MORTGAGEE'S RIGHT TO PROTECT INTEREST. Mortgagee shall have the power and authority to institute and maintain any suits and proceedings as Mortgagee may deem advisable: to prevent any impairment of the Mortgaged Premises by any acts which may be unlawful or in violation of this Mortgage; to preserve or protect its interest in the Mortgaged Premises; and to restrain the enforcement of or compliance with any legislation or other governmental enactment, rule, or order that may be unconstitutional or otherwise invalid, if the enforcement of or compliance with such enactment, rule, or order might impair the security hereunder or be prejudicial to Mortgagee's interest. 2 . a� ARTICLE 2. TAKING OF PROPERTY If the Mortgaged Premises, or any part thereof, or any interest therein, or any rights appurtenant thereto, including,but not limited to, access, light, air, and view, be condemned under any power of eminent domain or acquired for any public use or quasi-public use, the damages, proceeds, and consideration for such condemnation or acquisition, to the extent of the full amount of indebtedness upon this Mortgage and obligations secured hereby remaining unpaid, are hereby assigned by Mortgagor to Mortgagee, its successors or assigns, as its interest may appear. All such damages, proceeds, and consideration shall be paid to Mortgagee and applied by Mortgagee, at its option, after deduction of all its expenses (including reasonable attorneys' fees) incurred in obtaining such damages, proceeds, and consideration, to the reduction of the indebtedness secured hereby or to any other indebtedness secured hereby, whether or not then due and payable; any surplus remaining after payment of all indebtedness secured hereby to be paid over to Mortgagor. Mortgagor shall immediately furnish to Mortgagee true and correct copies of any process papers or documents delivered to or served upon Mortgagor in connection with any such eminent domain proceedings. ARTICLE 3. Compliance with Legal and Insurance Requirements, Instruments, etc. Mortgagor (a) shall not commit or permit waste or deterioration upon the Property, (b) shall cause the Property and every part thereof, including but not limited to parking areas, improvements, and all ingress and egress easements, if any, to be continually maintained, preserved, and kept in safe and good repair, working order, and condition, (c)will comply with all Insurance Requirements and with requirements of Minnesota Statutes Section 504.18, Subdivision 1, and Section 504.20, as now existing or as hereafter amended, if applicable, with the provisions of all local, state, and federal statutes, ordinances, rules, and regulations relating to the disposal of environmentally hazardous material, and with all private declarations, easements, covenants, and restrictions, if any, affecting the title to the Property or any part thereof("Private Restrictions"), (d)will not commit, suffer, or permit any violation of Private Restrictions, and (e) from time to time will make all necessary and proper restorations, rebuildings, repairs, renewals, replacements, additions, and betterments to the Property, whether required as the result of casualty or otherwise, and whether or not insurance proceeds or condemnation proceeds exist, are made available, or are sufficient therefor, in a good and workmanlike manner, so that the value and efficient use thereof shall be fully preserved and maintained, and so that Mortgagor complies with the requirements of this Section 1. Mortgagor shall give Mortgagee written notice within three (3) business days of it received notice of any violation of any of the requirements of this Section 1 or if any damage or destruction occurs to the Property. Mortgagor shall not seek, petition for, make, consent to, or acquiesce in any change in the requirements of this Section 1 relating to the Property, including but not limited to zoning and building codes and ordinances, without Mortgagee's prior written consent,which shall not be unreasonably withheld. Estoppel Certificate. Mortgagor agrees at any time and from time to time as reasonably requested by the Mortgagee, upon not less than fifteen (15) days' prior written notice by Mortgagee,to execute, acknowledge,and deliver,without charge,to Mortgagee or to any person designated by Mortgagee, a statement in writing certifying that (a)this Mortgage is unmodified (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof), (b)the unpaid balance of the Note, (c)Mortgagor has not received any notice of default or notice of acceleration or foreclosure of this Mortgage (or if Mortgagor has received any notice, that it has been revoked, if such be the case), (d)to the knowledge of Mortgagor, no default then exists hereunder (or if any such default does exist, specifying the same and stating that the same has been cured, if such be the case), (e)Mortgagor has no claims or offsets against Mortgagor(or if Mortgagor has any such claims, specifying the same), and (f)the dates to which the interest and the other sums and charges payable by Mortgagor pursuant to the Note have been paid. Waiver of Appraisement. Mortgagor hereby waives,to the full extent it may lawfully do so, the benefit of all homestead, moratorium, mediation, marshaling, appraisement, valuation, stay execution, and extension laws now or hereafter in force. Indemnification by Mortgagor. Mortgagor will protect, indemnify, and save harmless Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorney's fees and expenses) imposed upon, incurred by, or asserted against Mortgagee by reason of(a) ownership of the Property, or any interest therein, or receipt of any rent or other sum therefrom; (b)any accident,injury to,or death of persons or loss of or damage to property occurring on or about the Property or any part thereof or the adjoining sidewalks,curbs, vaults, and vault space, if any, (c)any use, nonuse, or condition of the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (d)any failure on the part of Mortgagor to perform or to comply with any of the terms of this Mortgage, including, without limitation, the provisions of Section 1 hereof, (e)performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, (f)negligence or tortious act on the part of Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or (g)exercise by Mortgagee of any remedy provided hereunder or at law or equity; provided, however, that nothing herein shall be construed to obligate Mortgagor to protect, to indemnify, and to save Mortgagee harmless from and against liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Mortgagee solely by reason of the negligent or tortious acts on the part of Mortgagee or any of its employees, agents, contractors, licensees, or invitees. Any amounts payable to Mortgagee under this Section 4 which are not paid within ten (10) business days after written demand therefor by Mortgagee shall bear interest at the rate set forth in the Note from the date of such demand and shall be secured by this Mortgage. If any action, suit, or proceeding is brought against Mortgagee by reason of any such occurrence, Mortgagor upon Mortgagee's request will at Mortgagor's expense resist and defend such action, suit, or proceeding or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by Mortgagor and reasonably approved by Mortgagee. The indemnification of the Mortgagee by 2 , a� • the Mortgagor shall be a continuing indemnification and shall remain in full force and effect notwithstanding the expiration or termination of this Mortgage. Hazardous Material. Mortgagor (a)shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any hazardous material in, upon, under, over, or from the Property except in strict compliance with all applicable environmental regulations, (b)shall not permit any hazardous material to be stored, located, generated, produced,processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of, or to escape therein,thereupon,thereunder,thereover or therefrom except in strict compliance with all applicable environmental regulations, (c) shall cause all hazardous material found thereon to be property removed therefrom and property disposed of in accordance with all applicable environmental regulations (d)shall not install or permit to be installed any underground storage tank therein or thereunder, and (e) shall comply with all environmental regulations which are applicable to the Property. At any time, and from time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review, audit, assessment, and/or report relating to the Property. At any time, and from time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review, audit, assessment, and/or report relating to the Property heretofore provided by Mortgagor to Mortgagee updated, at Mortgagor's sole cost and expense, by an engineer or scientist acceptable to Mortgagee, or shall have such a review, audit, assessment, and/or report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify Mortgagee, its directors, officers, members, employees, agents, contractors, licensees, invitees, successors, and assigns (hereinafter collectively referred to as the "Indemnified Parties") against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all • claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, directly or indirectly incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal) in any action against or involving any of the Indemnified Parties,resulting from any breach.of the foregoing covenants, from the incorrectness or untruthfulness of any warranty or representation set forth herein, or from the discovery of any hazardous material in, upon, under, or over, or emanating from the Property, whether or not Mortgagor is responsible therefor, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability or responsibility for damage or injury to human health, the environment, or natural resources caused by, for abatement, and/or clean-up of, or otherwise with respect to,hazardous material by virtue of the interest of Mortgagee in the Property created hereby or as the result of Mortgagee exercising any of its rights or remedies with respect thereto hereunder, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties, and covenants of this Section 5 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure sale, and any subsequent owner of the Property whose title derives from Mortgagee, and shall survive the satisfaction of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee,by deed in lieu of foreclosure, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date incurred at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby. Accessibility Covenants. Mortgagor shall comply with all accessibility regulations which are applicable to the Property. At any time, and from time to time, if Mortgagee so requests, Mortgagor shall have any accessibility regulations compliance report heretofore provided by Mortgagor to Mortgagee updated and/or amplified, at Mortgagor's sole cost and expense, by the person or entity which prepared the same, or shall have a report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify all Indemnified Parties against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands,judgments, penalties, liabilities, costs, damages, and expenses incurred by the Indemnified Parties,including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal), in any action, administrative proceeding, or negotiation against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of the representation and warranty set forth herein, or from a failure by Mortgagor to perform any of its obligations hereunder relating to accessibility regulations, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no. liability for any violation of accessibility regulations by virtue of the interest of Mortgagee in the Property created hereby or as a result of Mortgagee exercising any of its remedies with respect thereto hereunder, including but not limited to becoming the owner of the Property or any portion thereof by foreclosure or other sale or conveyance in lieu thereof.: The foregoing covenants, representations, and warranties of this Mortgage and this Section 6 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure or other sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure or other sale hereunder, and any subsequent owner of the Property whose interest derives from Mortgagee, and shall survive the satisfaction or release of this Mortgage, any foreclosure or other sale under this Mortgage, and/or any acquisition of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure or other sale, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date paid at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby. HUD Provisions. Mortgagee shall not foreclose on this Mortgage without the prior written approval of the United States Department of Housing and Urban Development("HUD") if there is a mortgage federally insured by HUD on the Property or there is a mortgage held directly by HUD on the Property. Nothing in this Mortgage is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement. So long as HUD is the insurer or holder of a mortgage on the Property: (a) This Mortgage may not be amended without the prior written consent of HUD; and (b) This Mortgage may not be sold,transferred,assigned,or pledged without the prior written approval of HUD. •3o (c) This Mortgage will be extended if the Note matures,there is no surplus cash or residual receipts (as defined in the Note) available for the repayment of the Note. This Mortgage automatically will terminate and will be deemed released by Mortgagee if HUD acquires title to the Property by a deed in lieu of foreclosure. ARTICLE 4. DEFAULT AND REMEDIES THEREFOR EVENT OF DEFAULT. Each of the following shall constitute an"Event of Default"hereunder: Failure to Pay. Failure by Mortgagor to pay, as and when due and payable, any installments of principal or interest due under the Note, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note; Failure to Perform. Failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or agreement in the Note, this Mortgage, any other instrument securing the Note, or any other instrument collateral to the Note or executed in connection with the sums secured hereby for a period of thirty(30) days after Mortgagee gives written notice to Mortgagor specifying the breach; Bankruptcy/Insolvency. If Mortgagor shall: Apply for or consent to the appointment of a receiver, trustee, or liquidator of itself or of its property; be unable to admit in writing its ability to pay its debts as they mature; make a general assignment for the benefit of creditors; be adjudicated a bankrupt or insolvent; file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors or take advantage of any insolvency law or file any answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization, or insolvency proceeding; Judicial Action. An order, judgment, or decree shall be entered without the application, approval, or consent of Mortgagor, by any court or governmental agency of competent jurisdiction, approving a petition seeking reorganization of Mortgagor or appointing a receiver, trustee, liquidator, intervenor, or the like of Mortgagor, and such order,judgment, or decree shall continue unstayed and in effect for any period of thirty (30)consecutive days; Breach of Warranties. Material breach of any warranty or material untruth of any representation of Mortgagor contained in the Note,this Mortgage, or any other instrument securing the Note; or Acceleration of Debts. Any bond, debenture, note, or other evidence of indebtedness for which Mortgagor is liable, as principal obligor, guarantor, or otherwise shall become due before its �.31 stated maturity by the acceleration of the maturity thereof by reason of default or shall become due by its terms and shall not be promptly paid or extended; REMEDIES. Upon the occurrence of an Event of Default described in Section 3.1(c) or (d) above, the obligations secured hereby shall become immediately due and payable. Upon the occurrence of one or more of the other Events of Default, the obligations secured hereby, at the option of Mortgagee, shall become immediately due and payable immediately upon notice to Mortgagor. In either event, the obligations secured hereby shall be due and payable , without presentment, demand, further notice or declaration of any kind. Mortgagee shall have the right to proceed to protect and enforce its rights by one or more of the following remedies: Right To Bring Suit. Mortgagee shall have the right and authority to proceed to protect and enforce its rights by a suit or suits in equity or at law, either for the specific performance of any covenant or agreement contained herein or in the Note, or in aid of the execution of any power herein or therein granted, or for the foreclosure of this Mortgage, or for the enforcement of any other appropriate legal or equitable remedy. Mortgagee shall be entitled to the immediate appointment of a receiver to operate, collect rents from, and protect the Mortgaged Premises. Mortgagee may sell the Mortgaged Premises as one tract or otherwise at public auction and convey the same to the purchaser, in accordance with the statute in such case made and provided. Mortgagor shall remain liable for any deficiency resulting from such sale. Rights In Bankruptcy. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, or other judicial proceedings affecting Mortgagor or any person, partnership, or corporation guaranteeing or endorsing any of Mortgagor's obligations, its creditors, or its property, Mortgagee, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have its claims allowed in such proceedings for the entire amount due and payable by Mortgagor under the.Note, this Mortgage, and any other instrument securing the Note, at the date of the institution of such proceedings and for any additional amounts which may become due and payable by Mortgagor after such date. Right to Sell Mortgaged Premises. Mortgagee shall have the right to sell the Mortgaged Premises or any party thereof at public auction and convey the same to the purchaser in fee simple, as provided by law, Mortgagor to remain liable for any deficiency. In the event of any sale of the Mortgaged Premises pursuant to any judgment or decree of any court or at public auction or otherwise in connection with the enforcement of any of the terms of this Mortgage, Mortgagee, its successors, or assigns, may become the purchaser, and for the purpose of making settlement for or payment of the purchase price, shall be entitled to deliver over and use the Note and any claims for interest accrued and unpaid thereon, together with all other sums, with interest, advanced or secured hereby and unpaid hereunder, in order that there may be credited as paid on the purchase price all or the appropriate part of the sum then due under the Note, including principal and interest thereon and all other sums, with interest, advanced or secured hereby and unpaid hereunder. 3� Each and every power or remedy herein specifically given shall be in addition to every other power, or remedy, existing or implied, now or hereafter given or existing at law or in equity, or in any other instrument given to secure the Note. Each and every power and remedy herein specifically given or otherwise so existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by Mortgagee or the holder of the Note. EXPENSES OF EXERCISING RIGHTS, POWERS AND REMEDIES. Mortgagor shall reimburse Mortgagee for all costs, charges, and expenses, including reasonable attorneys' fees (including but not limited to attorneys' fees incurred in successful defense or prosecution of an appeal), and disbursements and costs incurred or paid by Mortgagee in any threatened, pending, or completed action, proceeding, or dispute in which Mortgagee is or might be made a party or appears as a party and which affects or might affect the Note, this Mortgage or any other instrument securing the Note, or the Mortgaged Premises, or any part thereof, or the interests of Mortgagor or Mortgagee therein, including but not limited to the foreclosure of this Mortgage, condemnation involving all or part of the Mortgaged Premises or any action to protect the security hereof. All costs, charges, and expenses so incurred or paid by Mortgagee shall become due and payable immediately, whether or not there be notice, demand, attempt to collect, or suit pending, together with interest from the dates such advances are made, or costs, charges, or. expenses are incurred, at the same rate of interest borne by the indebtedness evidenced by the Note. Any such sum or sums and the interest thereon shall be secured hereby in priority to the indebtedness evidenced by the Note. WAIVERS. The exercise or the beginning of the exercise of one power or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter any other power or remedy. No delay or omission of Mortgagee or of any holder of the Note to exercise any right, power, or remedy accruing upon any Event of Default shall exhaust or impair any such right, power, or remedy or shall be construed to waive any such Event of Default or to constitute acquiescence therein. No waiver of any Event of Default hereunder shall extend to, impair, or affect any Event of Default then existing or occurring subsequent thereto, or impair any rights, powers, or remedies consequent thereon. If Mortgagee: (i) grants forbearance or an extension of time for the payment of any sums secured hereby; (ii)takes additional security for the payment thereof; (iii)waives or does not exercise any right granted in the Note; (iv)releases any part of the Mortgaged Premises from the lien of this Mortgage or otherwise changes any of the terms of the Note, this Mortgage, or any other instrument securing the Note; (v) consents to the filing of any map, plat, or re-plat of the Mortgaged Premises; (vi) consents to the granting of any easement on the Mortgaged Premises; or (vii)makes or consents to any agreement changing the terms of this Mortgage or subordinating the lien or any charge hereof; no such act or omission shall release, discharge, modify, change, or affect the original liability under the Note, this Mortgage, or otherwise of Mortgagor, or any subsequent purchaser of the Mortgaged Premises or any part thereof, or any maker, co-signer, surety, or guarantor. No such act or omission shall preclude Mortgagee from exercising any right, power, or privilege herein granted or intended to be granted in case of any Event of Default then existing or of any subsequent Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by Mortgagee, shall the lien of this Mortgage be altered thereby. h• 33 APPLICATION OF PROCEEDS. The purchase money proceeds and avails of any sale, pursuant to this Article 3, of the Mortgaged Premises or any part thereof, and the proceeds and avails of any remedy hereunder,shall be paid and applied in the following order: Costs. To the payment of costs and expenses of foreclosure and of such sale and of all proper expenses (including maximum attorneys' fees permitted by law), liability and advances incurred or made hereunder by Mortgagee, and of all taxes, assessments, or liens superior to the lien of this Mortgage; Late Fees. To the payment to Mortgagee of late fees or charges,if any, imposed under the terms of the Note or this Mortgage; Interest and Principal. To the payment to Mortgagee of the amount then owing or unpaid under the Note and this Mortgage for principal and interest, and if such proceeds shall be insufficient to pay the whole amount so due,then first to the payment of such interest and then principal; and Mortgagor. To the payment to Mortgagor, its successors, and assigns, or to whomever may be lawfully entitled to receive the same. RESTORATION OF POSITION. In case Mortgagee shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Premises, subject to the lien hereof. ARTICLE 5. MISCELLANEOUS TERM USAGE. Whenever used in this Mortgage, the singular number shall include the plural, the plural the singular, and the neuter shall include the masculine and the feminine. The words "Mortgagor" and "Mortgagee" shall include Mortgagor and Mortgagee named in the opening paragraph of this Mortgage and their respective successors and assigns. BINDING EFFECT. Whenever any of the parties hereto is referred to, such references shall be deemed to include the successors and assigns of such party. All covenants, promises, and agreements by or on behalf of Mortgagor in this Mortgage contained shall inure to the benefit of Mortgagee and its successors and assigns,whether so expressed or not. SEVERABILITY. The unenforceability or invalidity of any provision of this Mortgage as to any persons or circumstances shall not render that provision unenforceable or invalid as to any other persons or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. NOTICES. All notices provided for herein shall be in writing and shall be deemed to have been given(unless otherwise required by the specific provisions hereof in respect to any matter)when q•'J�I delivered personally or when deposited in the United States mail,registered or certified,postage prepaid, addressed to the addresses given on the first page hereof. Either party may change the address to which notices are to be sent by giving the other party written notice in the manner above provided. APPLICABLE LAW. This Mortgage is made and is to be construed under the laws of the State of Minnesota. MARSHALING. If this Mortgage is foreclosed,Mortgagor hereby waives and releases any right to have the Mortgaged Premises marshaled or sold as separate parcels. Mortgagee shall not be required to sell or realize upon any portion of the Mortgaged Premises before selling or realizing upon any other portion thereof. SURVIVAL OF WARRANTIES, ETC. All agreements, representations and warranties made herein shall survive the execution and delivery of this Mortgage. ASSIGNABILITY. Mortgagee shall have the right to assign this Mortgage, in whole or in part or sell participation interests herein,to any person. HEADINGS. Headings of the Sections of this Mortgage are inserted for convenience only and shall not be deemed to constitute a part hereof. • MORTGAGOR ACKNOWLEDGMENT. MORTGAGOR UNDERSTANDS AND AGREES THAT IF AN EVENT OF DEFAULT (AS DEFINED IN SECTION 3.1 OF THIS MORTGAGE) SHALL OCCUR,MORTGAGEE HAS AMONG ITS RIGHTS THE RIGHT TO FORECLOSE THIS MORTGAGE BY ADVERTISEMENT PURSUANT TO MINNESOTA STATUTES, CHAPTER 580, AS HEREAFTER AMENDED OR PURSUANT TO ANY SIMILAR OR *REPLACEMENT STATUTE HEREAFTER ENACTED; THAT IF MORTGAGEE ELECTS TO FORECLOSE BY ADVERTISEMENT, IT MAY CAUSE THE MORTGAGED PREMISES, OR ANY PART THEREOF, TO BE SOLD AT PUBLIC AUCTION; THAT NOTICE OF SUCH SALE MUST BE PUBLISHED FOR SIX WEEKS AND GIVEN PERSONALLY TO THE PERSONS IN POSSESSION OF THE MORTGAGED PREMISES AT LEAST FOUR WEEKS BEFORE THE SALE. • MORTGAGOR FURTHER UNDERSTANDS THAT UNDER THE CONSTITUTION OF THE UNITED STATES IT MAY HAVE THE RIGHT TO NOTICE AND A HEARING BEFORE THE MORTGAGED PREMISES MAY BE SOLD AND THAT THE PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT DESCRIBED ABOVE DOES NOT ENSURE THAT NOTICE WILL BE GIVEN TO MORTGAGOR AND SAID PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT REQUIRES NO HEARING OR OTHER JUDICIAL PROCEEDING. MORTGAGOR HEREBY RELINQUISHES, WAIVES, AND GIVES UP ANY CONSTITUTIONAL RIGHT TO NOTICE AND A HEARING BEFORE THE SALE OF THE MORTGAGED PREMISES AND EXPRESSLY CONSENTS AND AGREES THAT THE A. 35 MORTGAGED PREMISES MAY BE FORECLOSED BY ADVERTISEMENT, AS DESCRIBED ABOVE. MORTGAGOR ACKNOWLEDGES THAT IT IS REPRESENTED BY COMPETENT LEGAL COUNSEL; THAT BEFORE MORTGAGOR SIGNED THIS DOCUMENT, THIS SECTION AND MORTGAGOR'S CONSTITUTIONAL RIGHTS WERE FULLY EXPLAINED BY SUCH COUNSEL AND THAT MORTGAGOR UNDERSTANDS THE NATURE AND EXTENT OF THE RIGHTS WAIVED HEREBY AND THE EFFECT OF SUCH WAIVER. IN WITNESS WHEREOF,Mortgagor has executed this Mortgage as of the above date. MORTGAGOR: HARTFORD ASSOCIATES,LLC By: (Print Name) Its: STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me on _, 2000, by the of HARTFORD ASSOCIATES, LLC, a Delaware corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: • LARKIN,HOFFMAN,DALY&LINDGREN,Ltd. Tax I.D.No. 1500 Northwestern Financial Center 7900 Xerxes Avenue South Tax Statements for the Bloomington,Minnesota 55431 Mortgaged Premises (612)835-3800 Should be sent to: 0534391.01 A 36 EXHIBIT A to that certain FIRST MORTGAGE by and between HARTFORD ASSOCIATES,LLC,Mortgagor and THE CITY OF EDEN PRAIRIE,Mortgagee Legal Description of Premises: Lot 4,Block 1,Eden Prairie Marketcenter,Hennepin County,Minnesota Permitted Encumbrances: [List/Attach a List of Permitted Encumbrances Here] �. 3�' z x — — — z V2 t t o � h trio ttri o trio "'3 H g › ,_, Fg , ZH @ � Z z 0 O .p w N �. O CI Z 0 0 "J f- r+ y ° 0 � 0 �-� > tr-, t�-, 4� `3 ›- r, tr-, C,1H � [r-, tM-' C0H Y '��' NW ",J' ►� r a 3 cz] z p r n trr] 0 Y r rn 0 0 y r" rri to 0 Y t" my ak V d t7 p4 o H a ,, C] A 9 ,, C] (] y , , Z C w w d N t-i ti _ Ci `< O � d � did yY W gt7tJz^ � AH �. 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O V O �o v u, IA v, v U O H r4 In Let O O O IA ).0x H �' N yH N ) - l 0 0 4k 4k 4k 4k 4k 4k 4k 4k 1,3 l J v o IN N H H C C Cy Cy Cy C9 Cy Cy N_ o t� " 9 " " ' ' o \ '� IO N Y 1 yO W 0 . H O II.. O oo UI O O O o yb O O O O O O O O 4 • C 4k * 4k 449k 4k * 4k *yy C Co y i EXHIBIT F TIF REPAYMENT PROMISSORY NOTE Minneapolis,Minnesota FOR VALUE RECEIVED,the undersigned(herein called the"Borrower")promises to pay to the order of the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota(herein called the"Lender"), or its assigns, (i)the Lender pays the Borrower Tax Increment Funds [as such term is defined in subsection 2.5 of the Project Management Agreement by and Between the Lender and the Borrower dated (the"Project Management Agreement")] in an amount equal to seventy-five percent(75%) of$466,639.00 annually for a fifteen(15)year term, an amount equal to Five Million Two Hundred Forty Nine Thousand Seven Hundred and 00/100 Dollars($5,249,700.00) or(ii)if the Lender pays the Borrower Tax Increment Funds in an amount that is less than seventy-five percent(75%) of $466,639.00 for any year during such fifteen(15)year term or pays the Borrower Tax Increment Funds for less than such fifteen(15)year term,an amount equal to the present value of the Tax Increment Funds actually received by the Borrower, applying a discount rate of nine percent (9.0%),but in no event more than Five Million Two Hundred Forty Nine Thousand Seven Hundred and 00/100 Dollars ($5,249,700.00) (in either case,the"TIF Repayment"). The Lender is providing the Tax Increment Funds to the Borrower to enable the Borrower to improve certain real property located within the City of Eden Prairie, Minnesota, described as: Lot 4,Block 1, Eden Prairie Marketcenter,Hennepin County, Minnesota(herein called the "Project"). Subject to the following sentence and except as provided below,the TIF Repayment shall be payable in semiannual installments on June 30 and December 31, commencing on the first. June 30 or December 31,whichever is applicable following the Borrower's payment in full of the Community Development Block Grant Promissory Note dated issued by the Borrower in favor of the Lender, and continuing through and including , at which time all remaining TIF Repayment shall be due and payable in full. The Project Management Agreement refers to the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note and in the Project Management Agreement. The Project Management Agreement also refers to events,the occurrence of which will result in the Borrower's no longer having an obligation to pay the TIF Repayment or to pay a lesser amount. Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations,handbooks, administrative requirements, and lender notices in effect at the time of endorsement of the CDBG Note or the documents required to be executed by the Borrower in connection with the endorsement of the CDBG Note, and,to the extent that they do so,the aforesaid regulations,handbooks, administrative requirements, lender notices, and documents shall control,and this document shall be amended so as not to alter or to conflict with the aforesaid regulations,handbooks, administrative requirements, lender notices, and 3 3 documents. This provision shall terminate and be void upon termination of the HUD insurance of the CDBG Note so long as HUD does not directly hold a mortgage on the Project at such time. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i)this Note may not be amended without the prior written consent of HUD and of the City of Eden Prairie. or any successor holder of the first mortgage on the Project, and(ii) it may not be sold,transferred,assigned, or pledged without the prior written approval of HUD. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Prepayments may be made only with the prior written consent of the HUD so long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,and any unauthorized prepayments shall be held in trust for the Project and,upon HUD's request, shall be deposited with HUD or its designee. Demand,protest, and notice of demand and protest are hereby waived,and the undersigned hereby waives,to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection,including but not limited to reasonable attorneys' fees,paid or incurred by the Lender on account of such collection. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day and year first above written. BORROWER: HARTFORD ASSOCIATES,LLC By: Its: Chief Manager By: Its: 0534391.01 ems, Lid CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2, 2000 • SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development& Financial Services: G- Don Uram Telecommunications Engineering Services Contract Requested Action: Move to: Authorize contract with Ericksen Ellison and Associates,Inc.,for telecommunications engineering services. Synopsis: With the sale of the former public safety building,the existing 911 tower will be relocated to the maintenance building on Technology Drive. This relocation is expected to take place August 1, 2000. The new 911 tower will be served by the fiber optic backbone installed by KMC between the maintenance building and the City Center. To determine any additional telecommunication equipment needs, the consultant will perform an analysis of the existing system and make recommendations. The contract should not exceed$3,500. Attachments: Letter of Agreement dated April 25,2000 Standard Contact Provisions CONSULTING ERICKSEN ELLISON ENGINEERS and Associates Inc. 2635 UNIVERSITY AVE W ■ SUITE 200 ■ S?PAUL,MN 55114-1231 TEL 651.632.2300 FAX 651.632.2397 April 25 2000 City of Eden Prairie MR GARY THERKELSON • 8080 Mitchell Rd Eden Prairie MN 55344 LETTER OF AGREEMENT FOR CITY OF EDEN PRAIRIE METROPOLITAN AREA NETWORK ANALYSIS • Dear Mr Therketson EEA is pleased to submit this letter agreement for telecommunications engineering services in conjunction .. with the above-referenced project. I. Scope of Basic Services will include the following: A. Pre-Design Services: • Existing facilities survey of communications cabling and network equipment(approximately five[5]facilities) • Study of alternative communications design B. Schematic Design Documents: • Systems design narrative report and recommendations • • Preliminary opinion of probable cost(as required) • Pre-purchase specifications(as required) II. Additional Services. Additional services shall include all work beyond the Schematic Design Documents (i.e., construction documents, bidding phase services;construction administration services, and post construction services). • ` Ill. Professional Fee. • A. Our fee for Basic Services will be billed on an hourly rate base, plus reimbursable expenses, payable monthly upon presentation of invoice. This agreement is limited to the categories listed in Section I. The fee for Basic Services does not include Additional Services described in Section IV or Reimbursable Expenses described in Section VI. B. Billing and Payment.Account payments for services rendered and for reimbursable expenses incurred shall be made monthly upon presentation of Engineer's invoice. Client shall pay Engineer's invoice within thirty(30)days. If payment in full is not received in 30 days, invoices shall bear interest at one-and-one-half percent(1.5%), or the maximum rate allowable by law, whichever is less, of the past due amount permonth. IV. Additional Services. A. This letter agreement contemplates a scope of service based upon one project scheme as listed in Section I. Major project revisions outside of EEA's control or responsibility that will require rework of completed work because of-changes in project scope, significant revisions to the design, or more extensive work than r F. originally agreed upon will be considered Additional Services. Additional Services also include'all work not outlined in Section I, such as those specifically excluded in Section It. • CONSULTING ERICKSEN ELLISON ENGINEERS and Associates Inc. 2635 UNIVERSITY AVE W ■ SUITE 200 ■ ST.PAUL,MN 55114-1231 TEL 651.632.2300 FAX 651.632.2397 • CURRENT HOURLY RATE SCHEDULE • Principals 130.00 to 145.00/Hr Senior Designers 85.00 to 125.00/Hr Designers 50.00 to 90.00/Hr Commissioning Specialist 102.00/Hr • CADD Coordinator 74.00/Hr • Drafters. 45.00 to 65.00/Hr Administration 35.00 to 55.00/Hr • • The above rates will apply until July 1 2000, at which time an increase may occur. For: Mr Gary Therkefson City of Eden Prairie • Date: April 25 2000 • • • EEA City of Eden Prairie Standard Contract Provisions 1. Data Practices Act The Consultant shall at all times abide by the Minnesota Government Data Practices Act,Minn. Stat. § 1301, et seq.,to the extent that the Act is applicable to data and documents in the possession or control of the consultant. 2. Audits The books, records, documents, and accounting procedures and practices of the Consultant or other parties relevant to this agreement are subject to examination by the city and either legislative auditor or the state auditor for a period of six years after the effective date of this contract. 3. Income Tax Withholding No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the city that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 4. Worker's Compensation. Consultant represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 5. Discrimination In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant, any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this contract. The Consultant further agrees to comply with all aspects 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 Disabilities Act of 1990. 6. Conflicts No salaried officer or employee of the city and no member of the city council shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. )1y 7. CIaims To receive any payment on this contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 8. Prevailing Wage If required by M.S. §§ 177.41-177.43, the Consultant shall pay all employees the prevailing wage for similar work in the area and shall pay at least time and a half for all overtime worked by its employees. The prevailing wage for similar work in the area is . The prevailing hours for similar work in the area are . The prevailing hourly basic rate of pay is 9. Consultants Prompt Payment of Subcontractors 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 Y2%) 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 contractor shall pay the actual amount due to the subcontractor. CITY OF EDEN PRAIRIE A Municipal Corporation By: By: Jean L. Harris, Its Mayor Its: Date: Date: By: Christopher M. Enger, Its City Manager Date: CITY COUNCIL AGENDA DATE: 05/02/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram A Scott A.Kipp Welter's Trailhead ` Requested Action Move to: • Continue the Public Hearing to the June 6, 2000, City Council meeting. Synopsis This project is for 4 single-family lots located at 9630 Crestwood Terrace. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its March 27, 2000 meeting. Background This item was continued at the April 18, 2000 City Council meeting to resolve cost sharing for the storm sewer installation and erosion correction. The Developer needs additional time to work out the cost sharing and is requesting a continuance to the June 6, 2000, City Council meeting. Attachments 1. Letter requesting continuance. APR-27-2000 THU 02:05 PM RAY N. WELTER HEATING FAX NO. 612 825 2303 P. 01 Ray N.Welter Jr. • 11650 Pioneer Trail Eden Prairie,MN 55347 April 27,2000 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attention: Al Gray Dear Sir: Would you please change our council meeting date until the June meeting. Thanks Ray . Welter Jr. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 2, 2000 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 86297-86772 Wire Transfers 000334-000341 Background Information Attachments COUNCIL CHECK SUMMARY 27-APR-2000 (12:07) DIVISION TOTAL N/A $6,689.49 LEGISLATIVE $6.00 LEGAL COUNSEL $34,734.53 CUSTOMER SERVICE $12,797.60 BENEFITS $3,885.06 TECHNOLOGY $19,948.78 CITY MANAGER $757.80 FINANCE $154.33 HUMAN RESOURCES $1,603.42 COMMUNICATIONS $4,855.21 CITY CLERK $150.00 HUMAN SERV $8,545.00 RISK MANAGEMENT $9,027.41 WIRELESS COMMUNICATION $7,517.57 ENGINEERING $7,955.54 INSPECTIONS $78.59 FACILITIES $17,195.02 ASSESSING $13.25 CIVIL DEFENSE $181.55 • POLICE $43,812.81 FIRE $3,390.14 ANIMAL CONTROL $229.00 • PARK ADMIN $1,202.32 STREETS/TRAFFIC $10,933.80 PARK MAINTENANCE $10,955.34 STREET-LIGHTING $51,942.80 FLEET SERVICES $25,371.00 ORGANIZED ATHLETICS $3,630.77 COMMUNITY DEV - $242.50 COMMUNITY CENTER $42,230.81 BEACHES $11.17 YOUTH RECREATION $3,374.22 ADULT RECREATION $7,973.46 RECREATION ADMIN $75.09 ADAPTIVE REC $451.52 OAK POINT POOL $254.98 ARTS $742.77 PARK FACILITIES $125.00 PUBLIC IMPROV PROJ $76,853127 EMPLOYEE PAYROLL DEDUCTIONS $1,276.91 • CITY CENTER 4$546.91 SPECIAL REVENUE FUNDS $1,042.54 PRAIRIE VILLAGE $44,615.98 PRAIRIEVIEW $65,394.46 CUB FOODS $107,680.28 TRUST FUNDS $82,500.00 WATER DEPT $61,099.32 SEWER DEPT $2,440.70 STORM DRAINAGE $35.48 AGENCY FUNDS $5,047.05 EQUIPMENT $43,162.00 $834,740.55* COUNCIL CHECK REGISrEic 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM _ 86297 $1,536.50 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 86298 $11.17 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL RILEY LAKE-BEACH 86299 $28.50 FIRE ENGINEERING MAGAZINE DUES & SUBSCRIPTIONS FIRE 86300 $234.28 GE CAPITAL RENTALS GENERAL 86301 $4,529.49 MINNEGASCO GAS FIRE STATION #5 86304 $90.00 MINNESOTA BD OF PEACE OFFICER LICENSES & TAXES POLICE 86305 $7,216.07 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRE VIEW LIQUOR #3 86307 $324.39 RENSTROM, MARTHA INSURANCE RISK MANAGEMENT 86308 $1,377.54 RIGID HITCH INCORPORATED NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 86309 $78.13 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86310 $2,025.31 US WEST COMMUNICATIONS TELEPHONE PRAIRE VIEW LIQUOR #3 86313 $429.73 US WEST COMMUNICATIONS TELEPHONE GENERAL 86314 $679.54 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 86315 ` $51.95 WORKING SMART OPERATING SUPPLIES-GENERAL AQUATICS & FITNESS SUPERV 86316 $187.25 ALL SAINTS BRANDS DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 86317 $57.05 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 86318 $757.20 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 86319 $2,476.87 JOHNSON BROTHERS LIQUOR.CO'. MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 86321 $1,006.45 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 86322 $247.08 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3 86323 $90.85 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 86324 $1,808.00 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED ' PRAIRIE VILLAGE LIQUOR #1 86325 $2,102.97 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 86326 $2,388.65 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 86327 $1,716.92 WINE MERCHANTS INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 86328 $2,321.31 WORLD CLASS WINES INC WINE IMPORTED LIQUOR STORE CUB FOODS 86329 $256.25 CARLSON, DANIEL CLOTHING & UNIFORMS POLICE 86330 $438.74 CORDER, DEAN CLOTHING & UNIFORMS POLICE 86331 $484.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRE VIEW LIQUOR #3 86332 $141.00 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 86333 $1,320.60 INTOXIMETERS OPERATING SUPPLIES-GENERAL POLICE 86334 $19.50 KALLMAN, ANGIE LESSONS/CLASSES POOL LESSONS 86335 $125.00 LINDGREN, JIM CLOTHING & UNIFORMS PW STORAGE FACILITY 86336 $45.00 MARTIN, JEFF LESSONS/CLASSES POOL LESSONS 86337 $36.80 MILLARD, CHRIS CLOTHING & UNIFORMS POLICE • 86338 $27.00 MISUTA, JENNIFER LESSONS/CLASSES ICE ARENA 86339 $70.59 PELTIER, TIMOTHY OPERATING SUPPLIES-GENERAL FIRE 86340' $168.35 PETTY CASH-POLICE DEPT TRAVEL POLICE 86341 $31.00 THOMPSON, RANDY CLOTHING & UNIFORMS POLICE 86342 $184.23 US WEST COMMUNICATIONS TELEPHONE FIRE ' 86343 $19.00 WILLIAMSON, RICK LICENSES & TAXES STREET MAINTENANCE 86344 $59.90 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 86345 $94.93 EAGLE WINE COMPANY WINE DOMESTIC PRAIRE VIEW LIQUOR #3 86346 $2,412.21 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 86347 $594.76 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 86348 $399.00 AMERICAN PHYTOPATHOLOGICAL SOC CONFERENCE IN SERVICE TRAINING 86349 $346.13 ANOKA COUNTY SHERIFF'S OFFICE RENTALS POLICE 86350 $120.00 CERCHIA, JERRY OTHER CONTRACTED SERVICES ART & MUSIC 86351 $3,313.13 CHAD NESTOR ILLUSTRATION & DES PROFESSIONAL SERVICES COMMUNITY SERVICES 86352 $353.77 CROWN MARKING PROFESSIONAL SERVICES GENERAL 86353 $16.99 DOIG, LARRY CONFERENCE IN SERVICE TRAINING 86354 $44.50 EMERSON, CRAIG MILEAGE AND PARKING POLICE ' 86355 $264.78 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES' 86356 $600.12 HENNEPIN COUNTY SHERIFF'S OFFI BOARD OF PRISONERS SVC POLICE 86357 $3,311.33 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 3 COUNCIL CHECK REGISTER 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86358 $42.23 KRESS, CARLA OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION 86359 $47.83 KUCERA, TERRY MILEAGE AND PARKING POLICE 86360 $36.00 LARSON, JEFF OTHER CONTRACTED SERVICES GENERAL 86361 $32.00 FESTIVE DISPLAYS ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 86362 $68.16 LYMAN LUMBER COMPANY BUILDING MATERIALS STREET MAINTENANCE 86363 $27.00 McMAHON, BRETT MILEAGE AND PARKING POLICE 86364 $444.67 MILLARD, CHRIS SCHOOLS POLICE 86365 $90.00 MITCHELL, KAREN PROFESSIONAL SERVICES POLICE 86366 $105.24 PETTY CASH OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 86367 $610.00 RATEIKE, MARILYN JANE OTHER CONTRACTED SERVICES ART & MUSIC 86368 $74.28 S & S DISCOUNT SPORTS OPERATING SUPPLIES-GENERAL POOL LESSONS 86369 $32.00 SWAN, JULIE ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 86370 $63.34 US WEST COMMUNICATIONS TELEPHONE POLICE 86371 $81.07 WOLF CAMERA INC • PHOTO SUPPLIES POLICE • 86372 $49.00 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86373 $373.90 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 86374 $1,306.00 GRAPE BEGINNINGS WINE IMPORTED LIQUOR STORE CUB FOODS 86375 $5,337.14 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 • 86377 $414.90 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 86378 $3,044.60 PAUSTIS & SONS COMPANY BEER 6/12 • PRAIRIE VILLAGE LIQUOR #1 86379 $3,132.74 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 86380 $1,176.14 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE POLICE 86382 $980.00 MINNESOTA SUPER CENTER INC INSTRUCTOR SERVICE WINTER SKILL DEVELOP 86383 $2,015.85 ARCH PAGING COMMUNICATIONS WIRELESS COMMUNICATION 86384 $3.97 AT&T TELEPHONE PRAIRE VIEW LIQUOR #3 86385 $6.57 AT&T TELEPHONE HUMAN RESOURCES 86386 $86.12 CORDES, JEFFREY MILEAGE AND PARKING TREE DISEASE 86387 ' $100.00 DEUTSCH, DAVE REFUNDS ENVIRONMENTAL EDUCATION 86388 $19.00 GENNRICH, BRUCE ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 86389 $100.00 HOGUE•SUTER, SUE REFUNDS ENVIRONMENTAL EDUCATION 86390 $96.78 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86391 $100.00 LUETTINGER, SHERRIE REFUNDS ENVIRONMENTAL EDUCATION 86392 $71.53 MIANO, MIKE REFUNDS ENVIRONMENTAL EDUCATION 86393 $132.00 MILLARD, CHRIS TRAINING SUPPLIES POLICE 86394 $40.92 MINNCOMM PAGING COMMUNICATIONS WATER UTILITY-GENERAL 86395 $100.00 SCHMIESING, JODY REFUNDS ENVIRONMENTAL EDUCATION 86396 $152.24 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL WATER TREATMENT PLANT 86397 $100.00 WHITELEY, VICKIE REFUNDS ENVIRONMENTAL EDUCATION 86398 $1,234.86 US POSTMASTER - HOPKINS POSTAGE WATER ACCOUNTING 86399 $68.92 AMERIPRIDE LINEN '& APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 86400 $198.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86401 $9,081.30 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS . 86402 $3,984.85 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 86404 $95.40 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 86405 $1,658.55 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 86406 $150.00 EINSTEIN BROTHERS BAGELS MISCELLANEOUS RECORDS MANAGEMENT 86407 $112.67 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE FIRE 86408 $182.16 AMOCO OIL COMPANY MOTOR FUELS EQUIPMENT MAINTENANCE 86409 $25.00 ATOM DUES & SUBSCRIPTIONS POLICE 86410 $65.00 AVCAM SCHOOLS POLICE 86411 $215.00 AWWA DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 86412 $125.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 86413 $524.00 CONVERGENT COMMUNICATIONS SRVC CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 86414 $1,342.00 CY'S UNIFORMS CLOTHING & UNIFORMS POLICE 86415 $125.00 DNR ENFORCEMENT, FIREARMS SAFE OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM 1 COUNCIL CHECK REGISTER 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86416 $129.71 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND 86417 $26.70 FIREPLACE CENTER, THE MECHANICAL PERMIT FD 10 ORG 86418 . $1,243.18 GREAT RIVER ENERGY PRINTING COMMUNITY SERVICES 86419 $59.00 GROUNDS MAINTENANCE SERVICES CONFERENCE IN SERVICE TRAINING 86420 $646.00 ICMA DUES & SUBSCRIPTIONS CITY MANAGER 86421 $32.50 JAKALA, CHARLES PLUMBING PERMIT FD 10 ORG 86422 $109.57 KLUTE, JOEL CLOTHING & UNIFORMS ICE SHOW 86423 $443.82 OLSON, ROBERT SCHOOLS IN SERVICE TRAINING 86424 $8,638.02 PARK NICOLLET CLINIC PROFESSIONAL SERVICES RISK MANAGEMENT 86425 $526.98 PROTECTION ONE OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 ' 86426 $1,294.16 RIGID HITCH INCORPORATED NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 86427 $111.80 STAR TRIBUNE DUES & SUBSCRIPTIONS CITY MANAGER 86428 $45.00 TARGET SAFETY SUPPLIES RISK MANAGEMENT 86429 $5,470.92 US WEST COMMUNICATIONS TELEPHONE CUMMINS/GRILL 86431 $43.74 WOLF CAMERA INC OPERATING SUPPLIES-GENERAL DAY CAMP 86432 $3,302.44 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86433 $1,709.03 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 86434 $9,440.33 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 86435 $1,'947.30 LAKE REGION VENDING , TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 86436 $4,458.30 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 86437 $68.70 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 86438 $177.85 PINNACLE DISTRIBUTING MISC NON-TAXABLE LIQUOR STORE CUB FOODS 86439 _ $989.22 PRIOR WINE COMPANY MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 86440 $9,835.30 THORPE DISTRIBUTING MISC TAXABLE LIQUOR STORE CUB FOODS 86441 $703.70 WINE COMPANY, THE WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 86442 $306.00 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86443 $57.05 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 86444 $1,647.75 BELLBOY CORPORATION WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 86446 $1,413.40 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 86447 $40,579.71 JOHNSON BROTHERS LIQUOR CO BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86451 $966.25 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86452 $39.44 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 86453 $2,080.51 PHILLIPS WINE AND SPIRITS INC WINE,DOMESTIC LIQUOR STORE CUB FOODS 86455 $8,558.46 QUALITY WINE & SPIRTS CO WINE DOMESTIC LIQUOR STORE CUB FOODS 86457 $129.00 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 86458 $213.77 . AT&T TELEPHONE GENERAL 86459 $737.13 CAPITOL COMMUNICATIONS COMMUNICATIONS WIRELESS COMMUNICATION 86460 $43.50 CULLIGAN WATER WATER SOFTNER OUTDOOR CENTER-STARING LAKE 86461 $18.00 HOST, SUSAN LESSONS/CLASSES POOL LESSONS 86462 $490.60 INSTITUTE OF TRANSPORTATION EN OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 86463 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 86464 $22.00 KAMESH, SUHARTTU LESSONS/CLASSES ICE ARENA 86465 $34,789.53 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE CRIMINAL PROSECUTION 86466 $18.00 LASLEY, CHRISTINE LESSONS/CLASSES OAK POINT LESSONS 86467 $1,191.51 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 86468 $9,461.29 NORTHERN STATES POWER CO ELECTRIC STORMWATER LIFTSTATION 86469 $67.28 HELLING, LAURIE MILEAGE AND PARKING RECREATION ADMIN 86470 $17,409.98 RELIANT ENERGY RETAIL INC. GAS EPCC MAINTENANCE 86471 $103.00 SINES, MARY ANN OPERATING SUPPLIES-GENERAL FITNESS CLASSES 86472 $1,443.20 SOUTHWEST SUBURBAN PUBLISHING- ADVERTISING COMMUNITY CENTER ADMIN 86473 $92.94 SPORTS MUSIC INC OPERATING SUPPLIES-GENERAL POOL LESSONS 86474 $128.48 SUSPENDED AQUATIC MENTOR REC EQUIP & SUPPLIES OAK POINT LESSONS 86475 $77.50 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 86476 $2,660.60 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 86477 $409.83 GRIGGS COOPER & CO MISC NON-TAXABLE LIQUOR STORE CUB FOODS 5 COUNCIL CHECK REGIS.1rac 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86478 $2,399.25 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 86479 $13,700.00 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 86481 $103.02 CRACAUER, CLIFF MILEAGE AND PARKING EQUIPMENT MAINTENANCE 86482 $135.00 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 86483 $79.80 DUNSMORE, WES OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86484 $12.95 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE 86485 $150.00 KARELS, BILL SCHOOLS FIRE 86486 $300.00 MINNESOTA WEIGHTS AND MEASURES CONTRACTED REPAIR & MAINT STREET MAINTENANCE 86487 $234.11 PETTY CASH CASH OVER/SHORT FD 10 ORG 86488 $100.00 POSTMASTER POSTAGE GENERAL 86489 $413.62 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86490 $199.56 US POSTMASTER - HOPKINS POSTAGE SENIOR AWARENESS N16 86491 $170.00 GRAPE BEGINNINGS WINE IMPORTED LIQUOR STORE CUB FOODS 86492 $11,411.58 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC ' LIQUOR STORE CUB FOODS ' 86494 $28.35 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 86495 $3,438.37 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 86496 $135.70 AMERICAN CAMPING ASSOCIATION OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR 86497 $25.02 AT&T TELEPHONE WATER UTILITY-GENERAL 86498 $100.00 BIERMAIER, MICHAEL , REFUNDS ENVIRONMENTAL EDUCATION 86499 $32.00 BRANDT, BARB LESSONS/CLASSES OAK POINT LESSONS 86500 $22.00 CEMENSKI, LISA LESSONS/CLASSES ICE ARENA 86501 $120.00 CENTER FOR TRANS STUDIES, U OF CONFERENCE IN SERVICE TRAINING 86502 $100.00 CHRISTIANSEN, ERIC REFUNDS ENVIRONMENTAL EDUCATION 86503 $100.00 CLARK, JOAN REFUNDS ENVIRONMENTAL EDUCATION 86504 $159.50 CONVERGENT COMMUNICATIONS SRVC TELEPHONE GENERAL 86505 $100.00 COULTER, MERVYL REFUNDS ENVIRONMENTAL EDUCATION 86506 $140.34 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 86507 $15.75 EBERSOHL, GREGG LESSONS/CLASSES OAK POINT LESSONS 86508 $30.00 GATEWAY CONSTRUCTION INC CASH OVER/SHORT FD 10 ORG 86509 $196.51 GE CAPITAL RENTALS GENERAL 86510 $166.09 HAMMERSCHMIDT, RICK OPERATING SUPPLIES-GENERAL FIRE 86511 $100.00 HAYES, RUTH REFUNDS ENVIRONMENTAL EDUCATION 86512 $150.75 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE 86513 $3.00 HIRSCH, AMY SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 86514 $100.00 HOFFMAN, LISA REFUNDS ENVIRONMENTAL EDUCATION 86515 $10.00 COMPUTER CHEQUE OF MINNESOTA I OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 86516 $110.00 KELLY, NANCY AWARDS VOLLEYBALL 86517 $80.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 86518 $100.00 LEE, KAl2EN REFUNDS ENVIRONMENTAL EDUCATION 86519 $26.25 LEVESQUE, TERESA LESSONS/CLASSES OAK POINT LESSONS 86520 $110.00 LOUWASTE, JOLENE AWARDS VOLLEYBALL 86521 $10.00 M SHANKEN COMMUNICATIONS INC MISC NON-TAXABLE LIQUOR STORE CUB FOODS 86522 $20.00 MACGIBBON, PATRICE LESSONS/CLASSES POOL LESSONS 86523 $77.50 MANISON, CHARLOTTE ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 86524 $40.00 MTRA CONFERENCE IN SERVICE TRAINING 86525 $19.50 MUSECH, JULIE LESSONS/CLASSES POOL LESSONS 86526 $55.00 NCTRC DUES & SUBSCRIPTIONS IN SERVICE TRAINING 86527 $15.75 PARRISH, DENISE LESSONS/CLASSES POOL LESSONS 86528 $10.00 PRECISION CLEANING CASH OVER/SHORT FD 10 ORG 86529 $3,639.60 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 86530 $45.13 RICHARDSON, JIM OTHER CONTRACTED SERVICES SENIOR AWARENESS N16 86531 $19.50 RISLOVE, LOUISE LESSONS/CLASSES OAK POINT LESSONS 86532 $27.00 ROBERTS, CANDACE LESSONS/CLASSES ICE ARENA 86533 $3,846.33 SUNBUSTERS CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 86534 $114.47 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL LIQUOR STORE CUB FOODS C COUNCIL CHECK REGISTER 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86535 $110.00 YOUNG, PAT AWARDS VOLLEYBALL 86536 $70.74 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 86537 $1,816.41 BELLBOY CORPORATION MERCHANDISE FOR RESALE_ LIQUOR STORE CUB FOODS 86538 $732.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRE VIEW LIQUOR #3 86539 $76.00 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 86540 $2,523.12 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 86541 $81.00 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 86542 $1,381.45 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 86543 $107,990.54 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS 86549 $23.25 ATHEY, AMY LESSONS/CLASSES POOL LESSONS 86550 $1,680.00 CHANHASSEN, CITY OF DUES & SUBSCRIPTIONS IN SERVICE TRAINING 86551 $20.00 GOVERNMENT FINANCE OFFICERS AS OPERATING SUPPLIES-GENERAL FINANCE DEPT 86552 $25.56 GUSTAFSON, JODI OTHER EQUIPMENT ENVIRONMENTAL EDUCATION 86553 $15.00 HOANG, QUING LESSONS/CLASSES OAK POINT LESSONS 86554 $97.42 HOME DEPOT/GECF REPAIR & MAINT SUPPLIES FIRE STATION #2 86555 $6.00 ISD 272 MISCELLANEOUS COUNCIL 86556 $19.50 MACGIBBON, PATRICE LESSONS/CLASSES POOL LESSONS 86557 $81,675.00 METROPOLITAN COUNCIL DUE TO OTHER GOVNT UNITS SAC AGENCY FUND 86558 $68.00 MINNESOTA DEPT OF PUBLIC SAFET OPERATING SUPPLIES-GENERAL 'EQUIPMENT MAINTENANCE 86559 $6,554.53 MINNESOTA STATE TREASURER ' BLDG SURCHARGES BUILDING SURCHARGE 86560 $2,043.67 NORTHERN STATES POWER CO PRINCIPAL TRAFFIC SIGNALS . 86561 $247.87 POSTMASTER POSTAGE SENIOR CENTER PROGRAM 86562 $19.00 RAJAN, DOLLY LESSONS/CLASSES ICE ARENA L 86563 $8.00 STATE OF MN DRIVER & VEHICLE S OPERATING SUPPLIES-GENERAL POLICE 86564 $23.90 PARAGON CABLE CABLE TV COMMUNITY SERVICES 86565 $24.00 US POSTMASTER POSTAGE GENERAL 86566 $164..24 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL FIRE STATION #3 86567 $1,716.92 WINE MERCHANTS INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 86568 $48.43 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 86569 $5,962.23 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 86572 $1,137.59 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 86573 $55.45 . PINNACLE DISTRIBUTING MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 86574 $2,163.55 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 86575 $3.7.03 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 86576 ' $1,870.35 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 86577 $153.64 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 86578 $6,040.73 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 86580 $27.36 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 86581 $3,682.88 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 86583 $1,708.40 - PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1. 86584 $38.00 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 86585 $211.54 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 86586 $135.31 AAA CREDIT SCREENING SERVICES PROFESSIONAL SERVICES POLICE 86587 $1,273.92 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER UTILITY-GENERAL 86588 $372.75 ANCHOR PRINTING COMPANY PRINTING ADAPTIVE RECREATION 86589 $33.07 AQUA ENGINEERING INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86590 $101.13 ARMOR SECURITY INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 86591 $300.00 ARS SOLUTIONS LTD CONFERENCE PRAIRE VIEW LIQUOR #3 86592 $69.65 ASPEN EQUIPMENT CO. EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86593 $47.33 ASTLEFORD EQUIPMENT COMPANY IN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86594 $235.51 ATTRACTA SIGN CONTRACTED REPAIR & MAINT LIQUOR STORE CUB FOODS 86595 $72.84 AUTO ELECTRIC SPECIALISTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86596 $56.42 BATTERIES PLUS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86597 $1,206.73 BAUER BUILT TIRE AND BATTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86598 $200.00 BCA/FORENSIC SCIENCE LABORATOR SCHOOLS POLICE COUNCIL CHECK REGISTER 27-APR-2000 (12 rHFCK NO CITRCK AMOUNT VENDOR DESCRIPTION PROGRAM 86599 $1,011.50 BEACON BALLFIELDS-DIV RAINBOW OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86600 $18.08 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 86601 $5,047.05 BENSHOOF & ASSOCIATES INC DEPOSITS ESCROW 86602 $1,699.80 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 86603 $349.48 BLOOMINGTON LOCK AND SAFE* CONTRACTED REPAIR & MAINT FIRE 86604 $163.93 BRO-TEX INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86605 $54.42 BROADWAY AWARDS AWARDS RACQUETBALL 86606 $4,078.90 BROCK WHITE CO LLC OTHER CONTRACTED SERVICES STREET MAINTENANCE 86607 $294.11 BRY-AIR INC , REPAIR & MAINT SUPPLIES ICE ARENA 86608 $4,995.64 CDW GOVERNMENT INC. COMPUTERS INFORMATION SYSTEM 86609 $1,500.00 CE LASALLE & ASSOC OTHER CONTRACTED SERVICES CRESTWOOD TERRACE 86610 $16,614.00 CERULEAN TECHNOLOGY COMPUTERS POLICE 86611 $730.46 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86613 $34.18 COMPRESS AIR & EQUIPMENT CO OPERATING SUPPLIES-GENERAL FIRE 86614 $413.40 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES EQUIPMENT MAINTENANCE 86615 $433.19 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 86616 $61.69 CROWN MARKING INC OFFICE SUPPLIES GENERAL 86617 $29.33 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 86618 $224.00 CUSTOM FIRE APPARATUS INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86619 $1,651.20 CUTLER-MAGNER COMPANY , CHEMICALS WATER TREATMENT PLANT 86620 $342.00 DALCO ROOFING & SHEET METAL IN REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 86621 $120.33 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 86622 $53.25 DALE GREEN COMPANY, THE LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 86623 $447.01 DECORATIVE DESIGNS INC EQUIPMENT RENTAL EP CITY CTR OPERATING COSTS 86624 $357.84 DELEGARD TOOL CO NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 86625 $40.00 DEM CON LANDFILL INC WASTE DISPOSAL STREET MAINTENANCE 86626 $10.00 CODE ADMINISTRATION & INSPECTI LICENSES & TAXES EQUIPMENT MAINTENANCE 86627 $650.00 DIETHELM, GARY OTHER CONTRACTED SERVICES CEMETERY OPERATION 86628 $135.00 , DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 86629 $146.14 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL SPECIAL EVENTS/TRIPS 86630 $8,775.90 DRT TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 86631 $427.89 DYNA SYSTEMS BLDG REPAIR & MAINT WATER TREATMENT PLANT 86632 $300.00 EAGLE TRAINING LLC SCHOOLS POLICE 86633 $1,723.22 EARL F ANDERSEN INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 86634 $127.80 ECOLAB INC OTHER CONTRACTED SERVICES CUMMINS/GRILL 86635 $88.00 EDEN PRAIRIE CLEANERS-REGAL CL CLOTHING & UNIFORMS POLICE 86636 $2,636.41 EF JOHNSON COMMUNICATIONS WIRELESS COMMUNICATION 86637 $176.26 ELVIN SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES ICE ARENA 86638 $13.05 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 86639 $2,184.00 EXTRACTOR CORPORATION ' OTHER EQUIPMENT CC CAPITAL OUTLAY 86640 $3,614.22 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT 86641 $34.03 FASTENAL COMPANY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 86642. $398.99 FIBRCOM-MN COMMUNICATIONS WIRELESS COMMUNICATION 86643 $375.00 FINLEY BROS INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86644 $43.35 FITNESS WHOLESALE OPERATING SUPPLIES-GENERAL FITNESS CENTER 86645 $961.25 FLEX COMPENSATION INC PROFESSIONAL SERVICES IN SERVICE TRAINING 86646 $188.31 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS GENERAL BUILDING FACILITIES 86647 $67.92 G & K SERVICES-MPLS INDUSTRIAL EQUIPMENT RENTAL PARK MAINTENANCE ' 86648 $100.90 GAMETIME REPAIR & MAINT SUPPLIES RED ROCK PARK 86649 $1,054.76 GENUINE PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86651 $87.54 GINA MARIAS INC MISCELLANEOUS POLICE 86652 $225.00 GOODPOINTE TECHNOLOGY CORPORAT OTHER CONTRACTED SERVICES PAVEMENT MGMT PROGRAM 86653 $31.95 GREENMAN TECHNOLOGIES OF MN IN WASTE DISPOSAL EQUIPMENT MAINTENANCE 86654 $1,160.97 GUNNAR ELECTRIC CO INC CONTRACTED EQUIP REPAIR RILEY LAKE 86655 $971.97 HARMON AUTOGLASS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE U COUNCIL CHECK REGISTER 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86656 $759.47 HARRIS-BILLINGS COMPANY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE. 86657 $9,266.09 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE 86658 $14.77 HAYDEN-MURPHY EQUIPMENT COMPAN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86659 $450.00 HENDERSON, JOSH OTHER CONTRACTED SERVICES ADULT OPEN GYM 86660 $242.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 86661 $743.64 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL ' PARK MAINTENANCE 86662 $145.11 HOFFERS INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 86663 $684.50 HOLMES, TOM OTHER CONTRACTED SERVICES VOLLEYBALL 86664 $210.01 HYDROLOGIC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 86665 $263.60 EDEN PRAIRIE SCHOOL DISTRICT N TRANSPORTATION SKI TRIPS/WINTER CAMP 86666 $1,202.32 INGRAHAM & ASSOC OTHER CONTRACTED SERVICES PARK/REC ADMIN 86667 $830.52 INTERNATIONAL SUNPRINTS INC AWARDS BROOMBALL 86668 $135.17 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 86669 $60.73 JUSTUS LUMBER COMPANY BLDG REPAIR & MAINT WATER TREATMENT PLANT ' 86670 $229.00 KEN ANDERSEN TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 86671 $32,423.50 KEYS WELL DRILLING COMPANY IMPROVEMENT CONTRACTS WELL 14 86672 $131.31 KINKOS INC OPERATING SUPPLIES-GENERAL CIVIL DEFENSE 86673 $4,279.35 KUSTOM SIGNALS INC PAGERS & RADAR EQUIP POLICE 86674 $16.87 LAB SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 86675 . $215.29 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS . EQUIPMENT MAINTENANCE 86676 $23.50 LAND'S END CORPORATE SALES CLOTHING & UNIFORMS POLICE 86677 $20.00 LEAGUE OF MINNESOTA CITIES PROFESSIONAL SERVICES RISK MANAGEMENT 86678 ' $2,536.76 LJR INC. OTHER CONTRACTED SERVICES GOLDEN TRIANGE STUDY 86679 $2,750.19 LOFFLER BUSINESS•SYSTEMS INC RENTALS GENERAL 86680 $18,257.00 LOGIS LOGIS SERVICE SEWER ACCOUNT 86681 $1,821.12 MACQUEEN EQUIPMENT INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86682 $34.00 MARKS CERTICARE AMOCO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86683 $115.04 MARS CO OPERATING SUPPLIES-GENERAL WATER UTILITY-GENERAL 86684 $1,218.00 MARTIN-MCALLISTER PHYSICAL & PSYCO EXAM HUMAN RESOURCES 86685 $135.64 MELLO SMELLO OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND 86686 $537.00 MELROE NEW.CAR EQUIPMENT EQUIPMENT MAINTENANCE 86687 $1,133.15 MENARDS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86689 $4,625.00 MESSERLI & KRAMER TRAINING SUPPLIES POLICE 86690 $4,160.00 METRO SALES INCORPORATED* RENTALS GENERAL 86691 $122.64 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86692 $58.62 MIDWEST ASPHALT CORPORATION WASTE BLACKTOP/CONCRETE STREET MAINTENANCE 86693 $590.00 MILLERSVILLE UNIVERSITY SCHOOLS POLICE 86694 $103.84 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT PRAIRIE VILLAGE LIQUOR #1 86695 $1,178.40 MINNESOTA VIKINGS FOOD SERVICE SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 86696 $16.87 MN MAINTENANCE EQUIP INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 86697 $75.19 MTI DISTRIBUTING CO OTHER CONTRACTED SERVICES STREET MAINTENANCE 86698 $606.05 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 86699 $350.00 NORTH MEMORIAL HEALTH CARE TRAINING SUPPLIES FIRE 86700 $320.54 NORTHERN TOOL & EQUIPMENT CO. EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86701 $61.56 NORTHERN WATER WORKS SUPPLY IN OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 86702 $272.00 OHLIN SALES OTHER EQUIPMENT WIRELESS COMMUNICATION 86703 $255.60 OLSEN CHAIN & CABLE CO INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 86704 $111.37 THE ICE MAN/CO2 SERVICES CHEMICALS POOL MAINTENANCE 86705 $44.88 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL PRESCHOOL EVENTS 86706 $747.50 PARAGON SEATING NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 86707 $146.90 PETSMART CANINE SUPPLIES POLICE 86708 $111.00 PLUTH, DENNIS OTHER CONTRACTED SERVICES VOLLEYBALL 86709 $306.91 PRAIRIE CYCLE & SKI CONTRACTED REPAIR & MAINT POLICE 86710 $2,151.55 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS EATON BLDG 86711 $5.81 PRAIRIE LAWN AND GARDEN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 9 COUNCIL CHECK REGISTER 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86712 $40.09 PRAIRIE OFFSET PRINTING PRINTING SENIOR AWARENESS N16 86713 $144.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 86714 $46.86 PSC SUPPLY OPERATING SUPPLIES-GENERAL STARING LAKE 86715 $208.67 RADIO SHACK CONTRACTED REPAIR & MAINT POLICE 86716 $13.21 RAINBOW FOODS - CHARGES OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR 86717 $87.75 RAY ALLEN MANUFACTURING CO INC CANINE SUPPLIES POLICE 86718 $442.61 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCOUNTING 86719 $155.54 RESPOND SYSTEMS* SAFETY SUPPLIES GENERAL 86720 $92.25 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86721 $200.00 ROBICHONS THE IN-LINE SKATE SC OTHER CONTRACTED SERVICES SUMMER SAFETY CAMP 86722 $224.98 SAFETY-KLEEN EQUIPMENT RENTAL PARK MAINTENANCE 86723 $4,420.00 SENIOR COMMUNITY SERVICES PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC • 86724 $7,592.96 SHAKOPEE VALLEY PRINTING PRINTING COMMUNITY BROCHURE 86725 $99.90 SHRED-IT WASTE DISPOSAL EP CITY CTR OPERATING COSTS 86726 $28.12 SIWEK LUMBER & MILLWORK INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86727 $62.02 SJF BLDG REPAIR & MAINT WATER SYSTEM MAINTENANCE 86728 $425.97 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINTENANCE 86729 $1,224.75 SPORTS WORLD USA INC REC EQUIP & SUPPLIES SOFTBALL 86730 $60.15 SPS COMPANIES REPAIR & MAINT SUPPLIES PARK MAINTENANCE 86731 $4,917.37 SRF CONSULTING GROUP INC OTHER CONTRACTED SERVICES GOLDEN TRIANGE STUDY 86732 $103.92 ST CROIX RECREATION CO INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 86733 $634.00 ST. CLOUD STATE UNIVERSITY SCHOOLS POLICE 86734 $1,941.45 STORAGE EQUIPMENT INC OFFICE EQUIPMENT FURNITURE ACCOUNT 86735 $2,125.00 STOREFRONT/YOUTH ACTION INC PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC • 86736 $960.60 STREICHERS CLOTHING & UNIFORMS POLICE 86737 $18.91 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86738 $31.68 SUBURBAN PROPANE MOTOR FUELS EQUIPMENT MAINTENANCE 86739 $562.72 SUBURBAN TIRE & AUTO SERVICE I REPAIR & MAINT SUPPLIES EQUIPMENT MAINTENANCE 86740 $43,162.00 SUPERIOR FORD AUTOS P/S REVOLVING FD 86741 $326.93 SURVIVALINK CORP OPERATING SUPPLIES-GENERAL POLICE 86742 $250.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 86743 $42,178.10 TEC ELECTRIC IMPROVEMENT CONTRACTS VARIABLE SPEED DR WELL CTR7-10 86744 $2,000.00 TEENS ALONE PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 86745 $1,585.41 TESSCO OPERATING SUPPLIES-GENERAL WIRELESS COMMUNICATION . 86746 $149.37 THERMOGAS COMPANY REPAIR & MAINT SUPPLIES ICE ARENA 86747 $100.00 THUNDER COMMUNICATIONS OTHER CONTRACTED SERVICES SENIOR WEB SITE 86748 $80.40 TIMBERWALL LANDSCAPING INC LANDSCAPE MTLS & AG SUPPL ROUND LK PARK K17 86749 $125.82 TKDA DUES & SUBSCRIPTIONS EDEN CROSSING ROADS 86750 $60.17 TOTAL REGISTER OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 86751 $475.65 TRUCK UTILITIES MFG CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86752 $365.00 TWIN CITY LITHO ' PRINTING POLICE 86753 $156.32 TWIN CITY OXYGEN CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86754 $188.83 TWIN CITY TIRE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86755 $1,364.42 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE 86756 $519.25 UNIQUE SPECIALITY BAGS SAFETY SUPPLIES FIRE 86757 $68.53 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES PARK MAINTENANCE 86758 $356.00 US FILTER EQUIPMENT PARTS WATER TREATMENT PLANT 86759 $207.44 US FILTER EQUIPMENT PARTS WATER TREATMENT PLANT 86760 $25.00 US TENNIS ASSOCIATION OPERATING SUPPLIES-GENERAL SUMMER SKILL DEVELOP 86761 $3.60 US WEST SECURITY DEPT. TELEPHONE POLICE 86762 $860.00 VISIONARY SYSTEMS LTD OPERATING SUPPLIES-GENERAL FIRE 86763 $396.59 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 86764 $185.63 W W GRAINGER INC REPAIR & MAINT SUPPLIES GENERAL BUILDING FACILITIES 86765 $14.27 W W GRAINGER REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 86766 $24.00 WARNING LITES OF MINNESOTA OPERATING SUPPLIES-GENERAL STREET MAINTENANCE I0 COUNCIL CHECK REGISITat 27-APR-2000 (12 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 86767 $1,890.01 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 86768 $151.89 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 86769 $384.91 WESTSIDE EQUIPMENT CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 86770 $33.86 WOLF CAMERA INC PHOTO SUPPLIES POLICE 86771 $263.58 ZEP MANUFACTURING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 86772 $28.95 ZIEGLER INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE $834,740.55* • • 11 COUNCIL CHECK SUMMARY 27-APR-2000 (15:14) • DIVISION TOTAL CUSTOMER SERVICE $47.79 RISK MANAGEMENT $17.42 WIRELESS COMMUNICATION $27.72 FACILITIES -$6.50 ' POLICE $87.31 FIRE -$105.95 STREETS/TRAFFIC $15.31 FLEET SERVICES $307.95 ORGANIZED ATHLETICS $43.39 COMMUNITY CENTER $2,037.23 YOUTH RECREATION $8.18 ADULT RECREATION $2.98 OAK POINT POOL $355.63 ARTS $136.28 PARK FACILITIES $210.87 EMPLOYEE PAYROLL DEDUCTIONS $309,515.52 PRAIRIE VILLAGE $10,672.66 PRAIRIEVIEW $11,938.33 CUB FOODS $24,753.39 WATER DEPT $3,739.38 $363,804.89* COUNCIL CHECK REGISTER 27-APR-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 334 $107,421.05 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 335 $60,226.35 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 336 $60,226.35 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 337 $41,547.60 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD 10 ORG 338 $196.00 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 339 $54,132.00 MINNESOTA DEPT OF REVENUE SALES TAX PAYABLE FD 10 ORG 340 $27,778.08 ORCHARD TRUST CO AS TRUSTEE/CU DEFERRED COMP FD 10 ORG 341 $12,277.46 ICMA RETIREMENT TRUST-457 DEFERRED COMP FD 10 ORG $363,804.89* • • • 13 CITY COUNCIL AGENDA DATE: SECTION: Report of Community Development& Financial Services Director May 2,2000 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development& Financial Services: X=M 1), Don Uram Extend Closing Date for Wingate Hotel Requested Action: Move to: Approve the first amendment to purchase agreement between the City of Eden Prairie and H.Dan Wright for the sale of 7900 Mitchell Road(old police property)to extend the closing on the Wingate Hotel Parcel to May 26, 2000. Synopsis: The Wingate Hotel development proposal was approved by the Community Planning Board March 27, 2000. The developer is requesting more time to complete revisions to the development plans and developer's agreement. The developer's agreement will be submitted to the City Council at the May 16,2000 meeting. Attachments: First Amendment to Purchase Agreement 1 -R-27-2200 17=36 WRIGHT INri!RANC2 608 752 1708 P.02/03 FIRST AMENDMENT TO PURCHASE AGREEMENT THIS AGREEMENT is made as of April 27, 2000 between City of Eden Prairie, a municipal corporation ("Seller") and H. Dan Wright("Buyer). RECITALS WHEREAS Seller and Buyer have entered into that certain.agreement entitled Purchase Agreement,made as of the 24th day of November, 1999(hereinafter the"Purchase Agreement") for the real property identified on Exhibit A thereto (the"Property" or"Real Property"), 'WHEREAS Seller and Buyer desire to amend the Purchase Agreement pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Paragraph 4.3 is amended in its entirety as follows: 4.3 ClosingJ?ate. The Closing Date for the Hotel Site shall be May 26, 2000. If no objections to title are made by the Buyer under Section 6.2 hereof the Closing Date for the Restaurant Site shall be 30 days after removal of the Antenna but in no event sooner than the Closing Date on the Hotel Site,provided however if the removal occurs after August 1, 2000 the Restaurant Site Closing Date shall be March 1, 2001. 2. Except as amended hereby the Purchase Agreement shall remain in full force and effect. IN AGREEMENT, Seller and Buyer have executed this First Amendment to Purchase Agreement as of the date first written above, SELLER: BUYER: CITY OF EDEN PRAIRIE H. DAN WRIGH By Its Mayor • By..__ Its City Manager 2 ==R-27-2.000 17=37 WRIGHT INSURANCE 608 752 1709 P.03/03 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2000, by Jean Harris the Mayor and Christopher Enger, the City Manager. respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public • W i scol.ts11.1 STATE OF M N A ) Rock ) ss. COUNTY OF ItlEICCRZN ) This instrument was acknowledged before me on the 2.7 day of A?1 2000, by H. Dan Wright. ai Notary Public _ 1V1�, commis(; 2?�ri lres I/17/00. rfrkp\Wu \tirst Onomdcd pUith c agRemwt,042700 • • • TOTAL P.03 3 CITY COUNCIL.AGENDA DATE: May 2,2000 SECTION: Report of the Director of Public Works SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works T.H.212/Mitchell Road Update Engineering Services E t Gene Dietz Requested Action Move to: Request MnDOT to pursue all available means to accelerate the completion of the eastbound ramp to T.H.212 from Mitchell Road. Synopsis Subsequent to the April 18, 2000, City Council meeting, staff has learned that in addition to the 11 conditions the City Council put on the approval of the 212/Mitchell construction process, there is a potential to accelerate opening of the eastbound ramp from Mitchell prior to Fall 2001. It is therefore appropriate to request MnDOT to use all means available to shorten the loss of this critical traffic movement. . Background At the Council's direction, we have requested Michael Beer, project manager from MnDOT, to attend the Council meeting for more detailed explanation of the changes requested by the Highway Department and potential alternatives that they explored. Attachments April 24,2000,letter from Gene Dietz to Michael Beer City of Eden Prairie City Offices 8080 Mitchell Road •Eden Prairie, MN 55344-4485 Eden Phone (612) 949-8300 •TDD (612) 949-8399 •Fax (612) 949-8390 www.edenprairie.org prairie April 24,2000 Michael Beer,P.E. Project Manager MnDOT 7333 Bryant Lake Drive Eden Prairie,MN 55344 RE: TH 212 Staging May 2, 2000 City Council Meeting Dear Michael: Although you have received a copy of the motion that the City Council passed at their April 18 City Council meeting regarding the compressed staging for TH 212, I thought I would take this opportunity to highlight the information that our City Council would like to discuss with you and other appropriate MnDOT staff at the May 2, 2000 Council meeting: • Communications. Item 3 of the attached motion deals primarily with making every effort to provide up-to-date information to both residents and businesses that are impacted by the Mitchell Road closure. The City Council will be very interested in hearing the current status of the plans and efforts that will be made to keep everyone informed. • Access to Businesses: Item 9 of the motion deals specifically with creating access to the AMOCO station, Buca's and other businesses along Martin Drive as expeditiously as possible. I was unable to satisfactorily address the issue of providing temporary access between TH 5 and Martin Drive for all motorists in a fashion similar to the emergency access road that is being created. Therefore, Council asked that the idea of expediting the westbound off ramp to northbound Mitchell be set as a priority and that additional temporary access possibilities be examined. During various stages of closure of Prairie Center Drive, there was significant effort placed into providing access to the Rainbow Center, Ford Dealership and Menards, etc. The City Council would like to provide comparable effort towards keeping the businesses along Mitchell Road viable. • During the south leg closure, we are all aware that the marked detour of Technology Drive to Prairie Center Drive will not accommodate the entire 16,000 vehicle per day that currently use Mitchell Road. Therefore, the City Council had a lengthy discussion regarding improving other routes for motorists to utilize until full access at Mitchell Road is accomplished. Those items are: Recyclable Paper 7 yzzli iria A. h,-.�T that of T 3 p j 2. It is anticipated that seine the diverted traffic '.T e directed to old 3I 212. and Prairie Center Drive. The eastbound ramps to 1-494 are interconnected for these two roadways, which have significant backups at both A.M. and P.M. peaks. With the closure of Mitchell Road, fewer vehicles will be able utilize the ramp from TH 5 to I-494. The discussion at City Council level resulted in a request that MnDOT consider increasing the rate of access at that particular meter as well as other meters to the regional system to mitigate the impacts of this closure. o One of the significant influencing factors for the City Council to agree with the compressed staging plan was the reduced length of closure time for the Mitchell Road interchange. However, I was unable to provide specific information as to how the length of time of the closure can be reduced from 18 months to 8 months. You should be prepared to address that issue in detail. • Several of the above issues could be dramatically improved if the eastbound ramp from Mitchell-Road to TH 212--could--be__accelerated._ unformed the Council that the --- ------------- compressed staging plan anticipated that ramp would not be available until Fall, 2001. If there is an opportunity to accelerate that schedule or if I mis-spoke, you should plan to clarify and address available options. I suspect that there is no one individual that has the answers to all of these issues. Therefore, I will leave it to your discretion about who should plan to be at the meeting. However, I encourage you to be as thorough and detailed in your analysis as possible regarding these issues. The agenda for May 2 has not been established at this time—give me a call either April 28 or May 1 and I should be able to give you a better idea of the time schedule for this discussion. Call me (949-8310) or Rod Rue(949-8314)with any questions you may have about this information. If you would like to schedule a meeting forany of the issues in advance of the City Council meeting, we will be happy to accommodate that as well. Sincerely, jetAg.., Eugene A.Dietz,P.E. Director of Public Works EAD:ssa cc: Mayor and City Council r Move to: Approve request from the Minnesota Department of Transportation (MnDOT) to modify the staging of the Segment II, TH 212 project in accordance with a letter proposal from Michael G. Beer, P.E. to Eugene Dietz dated March 30, 2000 and subject to the following conditions: 1. That MnDOT proceed immediately to begin installation of emergency vehicle • preemption at the signalized intersections of TH 5/Mitchell Road and Mitchell Road/Technology Drive. • 2. Advanced warning signs regarding closure of the north leg of Mitchell Road be installed by April 19,2000 for a closure on April 24,2000. • 3. MnDOT will make every effort to provide notification to the motoring public in advance of the closure. Additionally MnDOT shall provide additional signage, flyers and public information similar to the effort that was made for the Prairie Center Drive bridge project. Additionally, MnDOT shall commit additional resources to public information and direct notification to businesses to update them on the proposed closure and provide consistent and frequent and periodic updates to businesses and residents. 4. An all weather emergency vehicle access will be provided between TH 5 and Martin Drive along the westerly side of the building housing NAPA Auto Parts. • 5. A fully signed detour route be established with input from City staff, including advanced notification of the closure at Baker Road/W. 62nd Street and Mitchell/CSAH 1. 6. That MnDOT not activate the meters from Prairie Center Drive to TH 212 until final completion of the Segment II project. • 7. That the Mitchell Road bridge over TH 212 will be open to the motoring public during the winter of 2000/2001 (utilizing temporary paving if necessary). 8. That except for short intermittent closures, the Mitchell Road bridge over the freeway will be available to emergency vehicles when the south leg of Mitchell Road is under construction. 9. MnDOT is instructed to provide access to northbound Mitchell Road as soon as possible via the newly constructed ramps (in other words, access to northbound Mitchell Road should be a priority during the first stage closure of the north leg of Mitchell Road). Additionally, MnDOT is requested to examine short-term access possibilities via Martin Drive in advance of permanent access to Mitchell . . Road and examine increasing access rates at ramps to the regional system when the south leg of Mitchell Road is closed. MnDOT staff is requested to examine these issues and attend the May 2, 2000 Council meeting to address these possibilities. 10. Improve signal timing and coordination on Eden Prairie Road between Terrey Pine Drive, Highway 5 and Wagner Way. When the south leg of Mitchell Road • is closed, residents and the motoring public will need every available alternative to be operating at peak performance in order to accommodate the detours necessitated by the closure of the south leg of Mitchell Road 3