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City Council - 03/15/2011
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 15, 2011 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: Interim City Manager Jay Lotthammer, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. FLYING CLOUD LANDFILL II. FLOOD PREPARATION UPDATE Council Chamber III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 15, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 1, 2011 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 1, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE 11.03 RELATING TO MINIMUM WIDTH OF LOTS AT THE RIGHT-OF-WAY LINE AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. EDEN POINTE PARKING LOT EXPANSION 2010 by Liberty Property Limited Partnership. Second Reading of the Ordinance for Zoning District change from Regional Commercial to I-2 on 2.98 acres and Resolution for Site Plan Review on 5.82 acres Location: 7300 & 7400 Flying Cloud Drive. (Ordinance for Zoning District Change,Resolution for Site Plan Review) CITY COUNCIL AGENDA March 15, 2011 Page 2 D. AWARD THE BID FOR THE CONSTRUCTION OF THE RICE MARSH TRAIL TO MINNESOTA DIRT WORKS E. APPROVE DECLARATION OF RESTRICTIONS AND COVENANTS ON HAWTHORNE OF EP OUTLOT F. AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT G. APPROVE ENVIRONMENTAL LEARNING CENTER REPAIRS H. AWARD 2011 MAINTENANCE MATERIALS CONTRACT I. ADOPT RESOLUTION APPROVING TWO CONTRACTS WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW(ICWC) J. ADOPT RESOLUTION RELATING TO THE ISSUANCE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A K. ADOPT RESOLUTION RELATING TO THE ISSUANCE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B L. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING MAY 3, 2011 TO CONSIDER MODIFICATIONS TO TAX INCREMENT FINANCING (TIF)DISTRICT #15—SUMMIT PLACE SENIOR APARTMENTS IX. PUBLIC HEARINGS/MEETINGS A. RIDGE AT RILEY CREEK 4TH ADDITION by JMS Custom Homes, LLC. Planned Unit Development Concept Review on 0.65 acres, Planned Unit Development District Review on 0.65 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres, and Preliminary Plat of 0.65 acres for two single family lots. Location: 9707 Sky Lane. (Resolution for PUD Concept Review, Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA March 15, 2011 Page 3 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. First Time Homebuyer Down Payment Assistance 2. Housing Improvement Areas D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Bid for Flying Cloud Athletic Fields E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS REAL ESTATE NEGOTIATION XVII. ADJOURNMENT ANNOTATED AGENDA DATE: March 11, 2011 TO: Mayor and City Council FROM: Jay Lotthammer, Interim City Manager RE: City Council Meeting for Tuesday, March 15, 1011 TUESDAY,MARCH 5, 2011 7:00 PM, COUNCIL CHAMBER I. ROLL CALL /CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE Jeanne Zetah and Sue Stewart will provide an update of the current Eden Prairie Reads selection. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 1, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 1, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA March 15,2011 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE 11.03 RELATING TO MINIMUM WIDTH OF LOTS AT THE RIGHT-OF-WAY LINE AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. EDEN POINTE PARKING LOT EXPANSION 2010 by Liberty Property Limited Partnership. Second Reading of the Ordinance for Zoning District change from Regional Commercial to I-2 on 2.98 acres and Resolution for Site Plan Review on 5.82 acres Location: 7300 & 7400 Flying Cloud Drive. (Ordinance for Zoning District Change,Resolution for Site Plan Review) D. AWARD THE BID FOR THE CONSTRUCTION OF THE RICE MARSH TRAIL TO MINNESOTA DIRT WORKS E. APPROVE DECLARATION OF RESTRICTIONS AND COVENANTS ON HAWTHORNE OF EP OUTLOT F. AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT G. APPROVE ENVIRONMENTAL LEARNING CENTER REPAIRS H. AWARD 2011 MAINTENANCE MATERIALS CONTRACT I. ADOPT RESOLUTION APPROVING TWO CONTRACTS WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW(ICWC) J. ADOPT RESOLUTION RELATING TO THE ISSUANCE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A K. ADOPT RESOLUTION RELATING TO THE ISSUANCE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B L. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING MAY 3, 2011 TO CONSIDER MODIFICATIONS TO TAX INCREMENT FINANCING (TIF) DISTRICT #15—SUMMIT PLACE SENIOR APARTMENTS ANNOTATED AGENDA March 15,2011 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. RIDGE AT RILEY CREEK 4TH ADDITION by JMS Custom Homes, LLC. Planned Unit Development Concept Review on 0.65 acres, Planned Unit Development District Review on 0.65 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres, and Preliminary Plat of 0.65 acres for two single family lots. Location: 9707 Sky Lane. (Resolution for PUD Concept Review,Resolution for Preliminary Plat) Official notice of this public hearing was published in the February 17, 2011,Eden Prairie News and sent to 19 property owners. Synopsis: This is for a two lot single-family development. The plan meets the requirements of the R1-13.5 zoning district. The 120-Day Review Period Expires on May 23, 2011. The Planning Commission meeting is March 14, 2011. Staff will bring the commission recommendation to the City Council meeting. MOTION: Move to: U • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on .65 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres; and • Adopt the Resolution for Preliminary Plat on .65 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER ANNOTATED AGENDA March 15,2011 Page 4 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. First Time Homebuyer Down Payment Assistance Synopsis: In 2010, the Eden Prairie City Council approved a plan to use $50,000 in CDBG funds to assist with the acquisition of affordable housing for income eligible families,with a preference given to veteran, active duty or retired military personnel. Those funds, combined with previous years housing allocation were part of a program to promote affordable housing options at three units within Hennepin Village. By the end of 2010, the units had not sold, most likely due to the downturn in the housing market combined with more stringent mortgage underwriting practices. In researching options to assist potential homebuyers, staff discovered the need for down payment assistance was the most likely barrier keeping residents from purchasing homes. Staff researched other first time home buyer down payment assistance programs and found a program used by the City of Plymouth, MN to be the best model to follow. The First Time Homebuyer Down Payment Assistance Program will provide a deferred, zero interest loan, of up to $25,000 to assist with down payment costs, closing costs and principal reduction, which are all in accordance with HUD requirements. The program will use the $50,000 allocation,plus an additional $150,000 in program income to assist home buyers. The loan is repayable when the property is sold, is no longer the borrower's principal place of residence, or after 30 years has passed. MOTION: Move to approve the use of CDBG funds for a First Time Homebuyer Down Payment Assistance Program. 2. Housing Improvement Areas No action requested. This is an information item on a financial tool called a Housing Improvement Area (HIA), which will help townhouse and condo developments make necessary structural improvements. Synopsis: An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. In 2006, a Housing Task Force convened by the city recommended the use of HIA's as a tool to help sustain aging townhouse and condo developments. State Statute 428A.13 addresses the establishment of an HIA. A copy of that ordinance is attached. Basic components of the HIA: • The Association borrows low interest money from the City • Permanent, common area improvements are completed ANNOTATED AGENDA March 15,2011 Page 5 • Unit owners repay the loan through fees imposed on their properties, and collected with property tax payments • Associations must initiate the request • Improvements must be common area improvements • This is last resort financing,used when associations have no other viable options for raising money for improvements • Over 50% of the owners must sign a petition requesting the City Council to conduct a public hearing to consider implementing the housing improvement area • A veto period exists where 35% of the owners can stop the process • The average market value for units must be at or less than the value of homes in the first time homebuyer programs, in 2011, this is $298,125 The city has received interest from a townhouse association in implementing an HIA in their 20 unit development. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Bid for Flying Cloud Athletic Fields Synopsis: Plans and specifications were prepared for this athletic field and parking lot project. The bid opening was held on March 10, 2011. There were a total of 16 bidders and the bids ranged from a low of$1,200,191.77 to a high of $1,883,612.00. The consultant for the project is HTPO and their recommendation is to award the bid to the lowest bidder, Chard Tiling and Excavating, Inc. Staff also recommends that the contract be awarded to Chard Tiling and Excavating. City will seek reimbursement for$19,811.95 of project costs from the MAC. The consultants estimate for all the work for this project was $1,391,634.00. Construction should begin in May with a substantial completion date of September 1. The final completion date of June 15, 2012, is required installation of the final bituminous wear course materials and removal of all erosion control measures. MOTION: Move to: Award the bid for the construction of the Flying Cloud Athletic Field Expansion to Chard Tiling and Excavating, Inc. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS REAL ESTATE NEGOTIATION XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP WITH THE FLYING CLOUD AIRPORT ADVISORY COMMISSION & OPEN PODIUM TUESDAY,MARCH 1, 2011 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: Interim City Manager Jay Lotthammer, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters FLYING CLOUD AIRPORT ADVISORY COMMISSION: Richard King—Chair, Jeffrey Larsen—Vice-Chair, Judy Gentry, Greg McKewan, Mark Michelson, Jeff Nawrocki, Kurt Schendel, Scott Kipp— Staff Liaison Heritage Room II I. 2010 YEAR END REPORT AND 2011 GOALS Flying Cloud Airport Advisory Commission Chair Rick King reviewed the commission's work over the past year. The goals for 2010 were to: • Continue to provide education and information about Flying Cloud Airport • Continue to increase visibility of the commission • Continue to monitor the Final Agreement • Work to help reduce nighttime noise • Work to help improve the appearance of the airport During 2010, several commission members attended a Flying Cloud Airport Pilots and Tenants meeting. The commission's review of security at the airport revealed that "physical security at the airport continues to move in the right direction, with high security locks at all gates requiring security codes for access." King noted that as a result of the commission's discussion with the City Council in early 2010, noise complaint letters are being sent out only once a month rather than each time a complaint is lodged. He said the letters are being well received. Case said he understands the logic behind sending only one letter per operator per month,but he does not recall the Council formally approving the change. Staff will research whether or not the change was discussed at a City Council meeting. City Council Workshop Minutes March 1, 2011 Page 2 King reported that a sound testing program that was called for as part of the Final Agreement was completed in 2010. He said noise did not exceed allowable levels in any of the homes that were tested. King said there has been an increase in noise reporting during the voluntary restriction period from 10:00 p.m. to 7:00 a.m. The commission believes the increase may be due to greater public awareness of reporting procedures and the relative ease of reporting via the internet. King said all noise complaints are logged and researched by MAC using its new multilateration software. The new monitoring system operates 24-hours a day and allows MAC to identify aircraft related to noise complaints. Vice Chair Jeff Larsen noted that three long-time members have terms expiring at the end of March. He said all three have contributed significantly to the commission, and their input will be missed. Larsen said the commission's 2011 goals are similar to those of 2010. The commission will continue to focus on education and information, monitoring of the Final Agreement, reduction of nighttime noise and improvement of the appearance of the airport. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 1, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION FOR MILLER PARK PLAY AREA Lotthammer said Mike Garvin, along with family and friends, has continued to recruit funds to be used towards future phases for the Miller Park Barrier Free Play Area. The third phase has been completed, and an additional $1,200 has been raised towards future phases of the project. MOTION: Nelson moved, seconded by Butcher Wickstrom, to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of $1,200 to assist with funding for future development of the Miller Park Barrier Free Play Area. Motion carried 5-0. B. 494/169 PROJECT UPDATE Lotthammer introduced Michael Beer, MnDOT Project Manager for the 494/169 interchange project. Mr. Beer reviewed the history of the Highway 494 and 169 interchange projected. In the spring of 2010 the project was advanced after the Federal Highway Administration (FHWA) was convinced to build only six of the eight interchanges for the project, and funding became available with the second round of Federal stimulus money. He showed graphs comparing the current interchange with the future interchange. Beer said the project design includes six roundabouts and a new bridge for Washington Avenue across Hwy 494. There will be a sidewalk constructed for bike CITY COUNCIL MINUTES March 1,2011 Page 2 and pedestrian traffic around the system and noise barriers will be put in place near the residences to the south of Hwy. 494. He said three teams bid on the contract, and the McCrossan/Kraemer joint venture was selected to do the construction. Beer said Eden Prairie's share of the cost will be $2,950,000, or 2.36% of the cost. He reviewed the schedule for construction, noting that Hwy 169 will be reconstructed first and the traffic signals on that highway will be removed by the end of 2011. Aho said this has been a long time coming, and he is looking forward to improvement in the traffic situation in the metropolitan area and in the whole region. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 15, 2011 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, February 15, 2011, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 15, 2011 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, February 15, 2011, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION Rick King, Chair of the Flying Cloud Airport Advisory Commission, said the commission submitted their annual report for 2010 and their proposed 2011 work plan earlier today. He reviewed the 2010 highlights, noting a complete security review of the airport was performed during the year and the runway expansion projects were completed. Additional landscaping has been done, and several of the hangers were improved or rebuilt. He said noise complaints were up 9%this year, which is less than in the past. The multi-lateration system that was installed this year allows them to track aircraft more carefully. The recently completed City survey showed the percentage of people believing there are very serious airport issues has come down from 10% in 2006 to 2%. He noted the Metropolitan Airports CITY COUNCIL MINUTES March 1,2011 Page 3 Commission(MAC) is the owner of the airport, so the City has limited control over the airport operations. He said MAC has been a good partner over the years, and with their cooperation we have been able to get a lot done for the airport and the community. Tyra-Lukens thanked Mr. King for his years of participation and leadership on the commission. MOTION: Aho moved, seconded by Nelson, to receive the Flying Cloud Airport Advisory Commission 2010 Report and approve its 2011 Goals and Work Plan. Motion carried 5-0. VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2011-26 AUTHORIZING BUSINESS DEVELOPMENT INFRASTRUCTURE GRANT APPLICATION FOR VALLEY VIEW ROAD AND PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS B. AWARD CONTRACT FOR LIFT STATION SCADA SYSTEM TO FOREST LAKE CONTRACTING C. APPROVE REINSTATEMENT AND EXTENSION OF THE HOUSING SERVICES AGREEMENT WITH WHAHLT MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-C on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2011-27 APPROVING THE USE OF 2011 CDBG FUNDS Lotthammer said there was an incorrect number on the original item so there is a replacement on goldenrod paper. Jeremiah said official notice of this public hearing was published in the February 3 2011,Eden Prairie News. The 2011 CDBG allocation has not yet been announced by the office of Housing and Urban Development (HUD). However, the Human Services Review Committee used a conservative estimate of$250,000 to make the funding recommendations for 2011. Once the actual amount is received, the Human Services Review Committee will reconvene to determine how the funds will be reallocated. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation. She said any changes made to the recommendations because of a change in the final CDBG allocation will be brought back to the City Council for final approval. CITY COUNCIL MINUTES March 1,2011 Page 4 Tyra-Lukens asked if there are any drastic changes in the percentages recommended this year as compared to last year. Jeremiah said there are no drastic changes; however, not every agency is recommended for full funding of their request. Aho asked Ms Jeremiah to describe where the funding comes from. Jeremiah said the federal government's Housing and Urban Development Office provides Community Development Block Grant funding for affordable housing and human services agency activities in the City. She said the agencies must show they are providing services to the residents of Eden Prairie. Ann Harnack, Executive Director of PROP, said they provide basic needs services to the community and thanked the Council for the funding. Rob Kolar, representing the Southdale YMCA, thanked the Council for the past support and noted over 30 different youth and families were able to participate in their program because of the funding. Beth Kodluboy, Director of Homeline, said they helped 132 families last year and they also provide a renter education program at the High School. A representative of Community Action Partnership of Suburban Hennepin (CAPSH) said they use this funding for a car repair program that is passed directly to the residents of Eden Prairie. Kitty Engle, Program Director for Senior Community Services for HOME, said they make it possible for residents to avoid premature nursing home placement by providing home making help, small repairs, painting, mowing and snow removal. She said they use the CDBG funds to help support the sliding scale fees they charge their clients. Basil Wissner, 8293 Mitchell Road, said he doesn't understand why it takes 10% of the funding to run the program. He said he will discuss his question with Molly Koivumaki to try to understand it more. He said his understanding is that this is preliminary approval because we don't have the final number for funding from the federal government and that staff will come back to the Council with that final number. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2011-27 approving the use of 2011 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. Case said he understands there are some proposed bills in Congress that would cut CDBG funding and asked what the impact of that would be. Jeremiah said we are hearing there are some proposals to cut CDBG substantially, and that could impact the 2011 funding because those allocations have not yet been finalized. She said the amount of our funding has dwindled over the past few years. She said if it does come out to be $250,000 of funding as we estimated, it is staff's intent to provide CITY COUNCIL MINUTES March 1,2011 Page 5 the agencies with the exact amounts proposed tonight. It will most likely not be exactly that amount, so staff will come back to the Council at that time. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Lotthammer said the City Council conducted Commission interviews on Tuesday, February 22, 2011. Overall, there were 19 applicants (14 new applicants and 5 reapplicants). Eighteen candidates are being designated for Commission appointments. All terms of appointment are scheduled to begin on April 1, 2011. MOTION: Aho moved to appoint to the Arts & Culture Commission Lee-Elliott Stoering and Cynthia Paulson with terms expiring on March 31, 2014; Butcher Wickstrom moved to appoint to the Conservation Commission Kurt Lawton and Anthony Pini with terms expiring on March 31, 2014, and Ray Daniels with a term expiring on March 31, 2012; Case moved to appoint to the Flying Cloud Airport Advisory Commission Caryl Hansen, Keith Tschohl and John Pratten with terms expiring on March 31, 2014; Nelson moved to appoint to the Heritage Preservation Commission Kay Demarais, Cindy Evert and Ed Muehlberg with terms expiring on March 31, 2014; Aho moved to appoint to the Human Rights and Diversity Commission PG Narayan and Zina Nourkadi with terms expiring on March 31, 2014; Butcher Wickstrom moved to appoint to the Parks, Recreation and Natural Resources Commission Geri Napuck and David Rosa with terms expiring on March 31, 2014; and Case moved to appoint to the Planning Commission John Kirk, Matt Fyten, Katie Lechelt and Jon Stoltz with terms expiring March 31, 2014. Nelson seconded the motion. Motion carried 5-0. B. BOARD OF APPEAL AND EQUALIZATION Lotthammer said from 1992 through 2010, the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable, with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. MOTION: Aho moved, seconded by Case, to appoint to the Board of Appeal and Equalization Brian Duoos, Jim Johnson, Lyndon Moquist, Annette O'Connor, and CITY COUNCIL MINUTES March 1,2011 Page 6 Patricia Pidcock for the period of April 1, 2011 through May 31, 2011, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS Lotthammer said Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council conducted Commission interviews on Tuesday, February 22, 2011, and determined Chair and Vice Chair assignments for the period of April 1, 2011, through March 31, 2012. MOTION: Nelson moved to appoint Farida Kathawalla—Chair and Tonja Bivins— Vice Chair of the Arts & Culture Commission; Case moved to appoint Laura Jester— Chair and Greg Olson—Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Jeff Larsen- Chair and Mark Michelson—Vice Chair of the Flying Cloud Airport Advisory Commission; Aho moved to appoint Ann Higgins —Chair and Ed Muehlberg—Vice Chair of the Heritage Preservation Commission; Nelson moved to appoint Pamela Spera—Chair and Peter Huck—Vice Chair of the Human Rights and Diversity Commission; Case moved to appoint Geri Napuck— Chair and Hutch Coburn—Vice Chair of the Parks, Recreation and Natural Resources Commission; and Butcher Wickstrom moved to appoint Jon Stoltz—Chair and Jerry Pitzrick—Vice Chair of the Planning Commission. Aho seconded the motion. Motion carried 5-0. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION MOTION: Butcher Wickstrom moved, seconded by Case, to appoint Patricia Pidcock —Chair and Brian Duoos—Vice-Chair of the Board of Appeal and Equalization. Motion carried 5-0. Lotthammer said all the candidates will receive written notice if they have been selected to serve on a commission and if they have been selected for a leadership role. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Airport Parcel Pre-zoning—Councilmember Case Case said he had concerns about the potential pre-zoning by the airport zoning commission for Flying Cloud Airport Parcel No. 7 that is located on the far- east side of the airport between a row of houses and the landfill. He thought many people living there assume that is open space. He asked City Attorney Rosow to review what is going to happen with the pre-zoning process. Rosow said the Memorandum of Agreement entered into in late fall of 2010 includes a process whereby the City would entertain to pre-zone certain parcels owned by MAC as either Airport Office or Airport Commercial. The CITY COUNCIL MINUTES March 1,2011 Page 7 motivation for doing that was a huge disagreement regarding whether there was authority to zone. In order to preserve our ability to have public hearings and Council consideration of the zoning, we suggested a process where they would identify parcels with potential for development and we would zone those as office or commercial. He said the map included in the Council packets is a representation of those parcels. On March 28 the Planning Commission will hold a public hearing to consider a comprehensive guide plan text amendment to add the two definitions to the comprehensive plan and a zoning code text amendment to add the two zones to the zoning ordinance. It would come to the City Council for first reading of the text amendments and a public hearing. If the Council approved it, we would wait for the Metropolitan Council to act. The Met Council has to approve the text amendment to the comprehensive plan and that will require a full review of the plan. Because of that requirement, MAC is considering whether they are serious about all the parcels. They identify every parcel, but some have steep slopes and would be very difficult to develop. If the Met Council approves it, it would come back to the Council for second reading. After second reading, MAC would come back with complete legal descriptions of the zoning. We would start over with the Planning Commission having a public hearing to explain the zoning of those specific parcels, whether they bring forth one or all of the parcels. The Planning Commission would recommend the zoning, and it would then come to the City Council for first reading of zoning. Then if second reading is approved, we would be done with the zoning. Rosow said with this process MAC has what they wanted and we have what we wanted. The agreement states the developer is subject to the city's site review process and we included specific criteria for a gasoline station. Case asked if our notification process would be followed for the first pre- zoning meeting. He was concerned that an office complex on Parcel 7 would have to be accessed through the neighborhood. He wanted to make sure the residents are properly notified. Rosow said he had discussions with Mr. Franzen and the MAC representative last week. Mr. Franzen was strongly considering a wider area for notification than was normally called for. Jeremiah said Mr. Franzen brought this to her attention as well, and she recommended notices be sent to any properties up to 1000 feet from the perimeter of the entire airport. She said she believed MAC will be willing to pay the cost for those notices to be sent out. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES March 1,2011 Page 8 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:15 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Church of Pax Christi Event: 30th Anniversary Celebration Date: May 21 -22, 2011 Place: 12100 Pioneer Trail New Liquor License—Wine & Strong Beer Licensee name: Smashburger Acquisition—Minneapolis, LLC DBA: Smashburger 8045 Flying Cloud Drive Suite 130 New Liquor License—3.2 Beer Off-Sale Licensee name: Bobby and Steve's Auto World Eden Prairie, LLP DBA: Bobby& Steve's Auto World EP 8100 Flying Cloud Drive - 1 - CITY COUNCIL AGENDA DATE: March 15, 2011 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Community Development/Planning Code Amendment Street Frontage Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for Ordinance to amend City Code Section 11.03 — Establishment of District, Special Requirements and Performance Standards to a requirement for a minimum width of a lot, at the Right-of-Way Line, in the Rural, R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5, RM-2.5, C-REG, I-2, I-5, I-GEN, PUB, OFC, N-COM, C-COM, C-HWY, C-REG-SER, GC Districts; and • Adopt resolution approving summary ordinance for publication. Synopsis This is final approval of an ordinance to establish a minimum width of a lot at the right of way line. Attachments 1. Ordinance 2. Summary Ordinance 3. Chart CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE - 2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.03, TABLES 1, 3 AND 4 RELATING TO CRITERIA THAT APPLY TO ALL 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. City Code Chapter 11, Section 11.03, Table 1 —Section 11.03is amended by adding a column labeled"Minimum Lot Width at right-of-way line"to the right of the column labeled "Minimum Lot Width-Depth" for the districts identified as set forth below. A copy of the revised Table -1 is attached hereto as Exhibit A. Residential District Minimum lot width at right of way line Rural 300 R 1-22 90 R1-13.5 85 R1-9.5 70 R1-6.5 24 R1-2.5 150 Section 2. City Code Chapter 11, Section 11.03, Table 3 —Section 11.03 is amended by adding a column labeled"Minimum Lot Width at right-of-way line"to the right of the column labeled "Minimum Lot Size" for the districts identified as set forth below. A copy of the revised Table - 3 is attached hereto as Exhibit B. Office/Commercial/Industrial Dist. Minimum lot width at right of way line C-REG N/A I-2 PARK 200 I-5 PARK 300 I-GEN 300 PUB N/A Section 3. City Code Chapter 11, Section 11.03, Table 4—Section 11.03 is amended by adding a column labeled"Minimum Lot Width at right-of-way line"to the right of the column labeled "Minimum Lot Size" for the districts identified as set forth below. A copy of the revised Table - 4 is attached hereto as Exhibit C. Office/Commercial/Industrial Dist. Minimum lot width at right of way line OFC 100 N-COM 200 C-COM 300 C-HWY 100 C-REG-SERV 80 GC 100 Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to 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. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of February, 2011 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of March, 2011. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2011. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2011 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2011 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of March, 2011. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2011 is lengthy and contains charts. B. The text of summary of Ordinance No. _-2011, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2011 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on March 15, 2011. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.03, TABLES 1, 3 AND 4 RELATING TO CRITERIA THAT APPLY TO ALL 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 amends Chapter 11, Section 11.03 of the City Code relating to the Establishment of District, Special Requirements and Performance Standards to a requirement for a minimum width of a lot, at the Right-of-Way Line, in the Rural, R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5, RM-2.5, C-REG, I-2, I-5, I-GEN, PUB, OFC, N-COM, C-COM, C-HWY, C-REG-SER, GC Districts. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) Chart 03-15-11 Residential Minimum Minimum Minimum Lot Minimum Yard-Setback Gross Group Usable Max Floor Maximum Districts Zone Area Lot Size Width-Depth Site Area Per Open Space Per Area Ratio Height of (Acreage/ Dwelling Unit Dwelling Unit (FAR) Main Sq.Ft.) Width Ft. Depth Ft. Front One Both Rear Sq.Ft.Or Acres Sq.Ft. Structure Ft. Side Ft. Sides Ft. Ft. _ (Ft.) Rural 10 Acres 10 Acres 300 _ 300 j 50 50 150 50 10 Acres N/A N/A 40 R1-44 44,000 44,000 100 150 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 30 (See (See 20 9,500 Park Ded. N/A 40 Subd.2 Subd.2 Item 8) Item 8) RM-6.5 13,000 3,000 24 100 30 10 20 20 6,500 Park Ded.Plus N/A 40 1000 Sq.Ft./Unit RM-2.5 25,000 25,000 150 150 35 25 50 30 2,500 Park Ded.Plus N/A 45 600 Sq.Ft./Unit Residential Minimum Minimum Minimum Lot Minimum Minimum Yard-Setback Gross Group Usable Max Maximum Districts Zone Area Lot Size Width-Depth Lot width Site Area Per Open Space Per Floor Height of (Acreage/ at Right of Dwelling Unit Dwelling Unit Area Main Structure Sq.Ft.) Width Depth Way Line Fron One Both Rear Sq.Ft. Sq.Ft. Ratio (Ft.) Ft. Ft. t Side Ft. Sides Ft. Or Acres (FAR) Ft. Ft. Rural 10 Acres 10 Acres 300 300 300 50 50 150 50 10 Acres N/A N/A 40 R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 85* 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 70* 30 (See (See 20 9,500 Park Ded. N/A 40 Subd.2 Subd.2 Item 8) Item 8) RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded.Plus N/A 40 1000 Sq.Ft./Unit RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded.Plus N/A 45 600 Sq.Ft./Unit Supporting information 53. "Right-of-Way Line" -The dividing line between the lot and the street.As defined in definitions City Code Chapter 11. ACCESSORY STRUCTURE RESIDENTIAL OFF-STREET SCREENING AND DISTRICTS MINIMUM DISTANCE MINIMUM DISTANCE LOADING LANDSCAPING MAXIMUM HEIGHT TO SIDE LOT LINE TO REAR LOT LINE RURAL 30 30 I 30 N/A I N/A R1-44 15 10 10 N/A N/A R1-22 15 10 10 N/A N/A R1-13.5 15 10 10 N/A N/A R1-9.5 15 5 5 N/A N/A RM-6.5 15 10 10 N/A YES RM-2.5 15 10 10 YES YES Table 2-Section 11.03 5 Red New MINIMUM LOT SIZE MINIMUM YARD-SETBACK Office/ MAXIMUM HEIGHT OF Commercial/ Area One Both SITE AREA PER BASE AREA MAIN Industrial/ S.F.of Width Depth Front Side Sides Rear DWELLING UNIT MAX.FLOOR AREA RATIO STRUCTURE Dist. Acres Ft. Ft. Ft. Ft. Ft. Ft. SQ.FT.OR ACRES RATIO(FAR) (BAR)* (FT.) C-REG 50 N/A N/A 80 80 160 60 Dwelling Not Permitted 0.2- 1 Story 0.5-Multi Story 0.2 40 ACRES I-2 PARK 2 acres 200 300 50 20 40 25 Dwelling Not Permitted 0.3- 1 Story 0.5-Multi Story 0.3 40 I-5 PARK 5 acres 300 300 75 30 60 25 Dwelling Not Permitted 0.3- 1 Story 0.5-Multi Story 0.3 40 I-GEN 5 acres 300 300 75 30 60 50 Dwelling Not Permitted 0.3- 1 Story 0.5-Multi Story 0.3 40 PUB N/A N/A N/A 50 50 150 50 Dwelling Not Permitted N/A N/A 30 MINIMUM LOT SIZE MINIMUM MINIMUM YARD-SETBACK LOT WIDTH Office/ AT RIGHT MAXIMUM HEIGHT OF Commercial/ Area OF WAY One Both SITE AREA PER BASE AREA MAIN Industrial/ S.F.of Widt Dept LINE Front Side Sides Rear DWELLING UNIT MAX.FLOOR AREA RATIO STRUCTURE Dist. Acres h Ft. h Ft. Ft. Ft. Ft. Ft. SQ.FT.OR ACRES RATIO(FAR) (BAR)* (FT.) C-REG 50 N/A N/A N/A 80 80 160 60 Dwelling Not 0.2- 1 Story 0.5-Multi 0.2 40 ACRES Permitted Story 1-2 PARK 2 acres 200 300 200 50 20 40 25 Dwelling Not 0.3- 1 Story 0.5-Multi 0.3 40 Permitted Story 1-5 PARK 5 acres 300 300 300 75 30 60 25 Dwelling Not 0.3- 1 Story 0.5-Multi 0.3 40 Permitted Story 1-GEN 5 acres 300 300 300 75 30 60 50 Dwelling Not 0.3- 1 Story 0.5-Multi 0.3 40 Permitted Story PUB N/A N/A N/A N/A 50 50 150 50 Dwelling Not N/A N/A 30 Permitted Table 3 -Section 11.03 *Source: Ordinance No. 9-87 Effective Date: 5-7-87 Red=New MINIMUM LOT SIZE MINIMUM YARD-SETBACK OFFICE/ MAXIMUM HEIGHT OF COMMERCIAL/ Area One Both SITE AREA PER MAX.FLOOR BASE AREA MAIN INDUSTRIAL/ S.F.of Width Depth Front Side Sides Rear DWELLING UNIT AREA RATIO RATIO STRUCTURE DIST. Acres Ft. Ft. Ft. Ft. Ft. Ft. SQ.FT.OR ACRES (FAR) I (BAR)* (FT.) OFC 20,000 100 100 35 I 20 50 20 Dwelling Not Permitted 0.3- 1 Story 0.3 30 0.5-Multi Story N-COM 2 acres 200 200 35 20 40 10 Dwelling Not Permitted 0.2- 1 Story 0.2 30 0.4-Multi Story C-COM 5 acres 300 300 35 20 40 10 Dwelling Not Permitted 0.2- 1 Story 0.2 30 0.4-Multi Story C-HWY 20,000 100 130 35 20 40 10 Dwelling Not Permitted 0.3- 1 Story 0.3 40 0.4-Multi Story C-REG-SER 10,000 80 100 35 20 40 10 Dwelling Not Permitted 0.2- 1 Story 0.2 40 0.4-Multi Story GC 75 100 300 35 20 40 10 Dwelling Not Permitted 0.3- 1 Story 0.3 30 acres 0.5-Multi Story I Table 4- Section 11.03 Source: Ordinance No.2-2007 Effective Date: 1-23-07 Source: Ordinance No. 9-87 Effective Date: 5-7-87 a MINIMUM MINIMUM LOT SIZE LOT MINIMUM YARD-SETBACK WIDTH AT OFFICE/ RIGHT OF MAXIMUM HEIGHT OF COMMERCIAL WAY LINE SITE AREA PER MAX.FLOOR BASE AREA MAIN / DWELLING UNIT AREA RATIO RATIO STRUCTURE INDUSTRIAL/ SQ.FT.OR ACRES (FAR) (BAR)* (FT.) DIST. Area One Both S.F.of Width Dept Front Side Sides Rear Acres Ft. h Ft. Ft. Ft. Ft. Ft. OFC 20,000 100 100 100 35 20 50 20 Dwelling Not 0.3- 1 Story 0.3 30 Permitted 0.5-Multi Story N-COM 2 acres 200 200 200 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 30 Permitted 0.4-Multi Story C-COM 5 acres 300 300 300 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 30 Permitted 0.4-Multi Story C-HWY 20,000 100 130 100 35 20 40 10 Dwelling Not 0.3- 1 Story 0.3 40 Permitted 0.4-Multi Story C-REG-SER 10,000 80 100 80 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 40 Permitted 0.4-Multi Story GC 75 100 300 100 35 20 40 10 Dwelling Not 0.3- 1 Story 0.3 30 acres Permitted 0.5-Multi Story ACCESSORY STRUCTURES MAX. OFFICE/ FLOOR AREA TOTAL COMMERCIAL/ Min.Dist. Min.Dist. SCREENING MIN.ZONE MAX. PRIMARY FLOOR INDUSTRIAL Maximum to Side to Rear OFF-STREET AND AREA ZONE USE AREA DISTRICTS Height Lot Line Lot Line LOADING LANDSCAPING (ACRES) AREA (SQ.FT.) (SQ.FT.) (ACRES) OFC 15 10 10 YES YES N/A N/A N/A N/A N-COM 15 10 10 YES YES 2 15 20,000 50,000 C-COM 15 1 20 10 YES YES 5 20 30,000 200,000 C-HWY 40 20 10 YES YES 5 20 20,000 100,000 C-REG-SER 40 20 10 YES YES 10 N/A N/A N/A C-REG 40 50 50 YES YES 60 N/A N/A N/A I-2 PARK 40 20 25 YES YES 40 N/A N/A N/A I-5 PARK 40 20 25 YES YES 40 N/A N/A N/A I-GEN 40 20 50 YES YES 80 N/A N/A N/A PUB 30 30 30 YES YES N/A N/A N/A N/A GC 30 30 30 YES YES N/A N/A N/A N/A Table 5-Section 11.03 Tables redone under Ordinance No. 9-87,Effective Date: 5-7-87 Ordinance No. 18-90,Effective Date: 9-21-90 Ordinance No.2-2007,Effective Date: 1-23-07 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Eden Pointe Parking Expansion Janet Jeremiah/Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Regional Commercial to I-2 on 2.98 acres; and • Adopt Resolution for Site Plan Review on 5.98 acres and • Approve the Development Agreement for Eden Pointe Parking Expansion 2010; and • Approve and Authorize Issuance of a Grading Permit for Eden Pointe Parking Expansion 2010, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated January 12, 2011, as approved by the City Council. Synopsis This project is for an expansion of the parking for the existing building on the property. In May 2010 the Locally Preferred Alternative (LPA) alignment for the Southwest Transitway was formally adopted by the Met Council. This alignment, which is also known as Alignment 3A, is shown on Exhibit A. A more detailed map of the proposed alignment in the vicinity Eden Pointe project is shown in Exhibit B. As currently proposed the Southwest Transitway alignment will directly impact both parcels included in the development proposal. The impacts could result in a partial or full property taking to accommodate the Southwest Transitway project. The Developer has been informed of this potential future impact to their property. In addition, the development plans have been forwarded to both the Met Council and the HCRRA. As of this time we have not received comment from either agency on the proposed development. The 120-Day Review Period Expires on March 24, 2011. Attachments 1. Ordinance for Zoning District Change 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement EDEN POINTE PARKING EXPANSION 2010 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Regional Commercial District and be placed in the I-2 District on 2.98 acres. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Regional Commercial District and shall be included hereafter in the I-2 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 15, 2011, entered into between Liberty Property Limited Partnership, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 January, 2011, 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 15th day of March, 2011. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2011. Exhibit A Legal Description EDEN POINTE PARKING EXPANSION 2010 Lot I, Block I, WILSON POINTE, and Outlot B, WILSON RIDGE, Hennepin County, MN. EDEN POINTE PARKING EXPANSION 2010 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2011 AN 0 RDINANCE O F T HE CI TY 0 F E DEN P RAIRIE, M INNESOTA, REMOVING CE RTAIN L AND F ROM ONE Z ONING DI STRICT AND PLACING I T I N AN OTHER,AM ENDING T HE L EGAL DE SCRIPTIONS 0 F LAND I N EACH DI STRICT,AND ADO PTING B Y RE FERENCE CI TY CODE CHAPTER 1 AND SECTION 1 1.99,W HICH,AM ONG 0 THER T HINGS, CONTAIN PENALTY PROVISIONS THE CI TY CO UNCIL 0 F T HE CI TY 0 F E DEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 7300 and 7400 F lying Cloud Drive from Regional Commercial to I-2 on 2.98 a cres. E xhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2011. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN POINTE PARKING EXPANSION 2010 BY LIBERTY PROPERTY LIMITED PARTNERSHIP WHEREAS, Liberty Property Limited Partnership has applied for Site Plan approval of Eden Pointe Parking Expansion 2010 to expand the parking lot for the existing building on the property,by an Ordinance approved by the City Council on March 15, 2011; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 13, 2010 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 18, 2011 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Liberty Property Limited Partnership based on the Development Agreement between Liberty Property Limited Partnership and the City of Eden Prairie, reviewed and approved by the City Council on March 15, 2011. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT LIBERTY POINTE PARKING EXPANSION 2010 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 15, 2011, by Liberty Property Limited Partnership, a Pennsylvania limited partnership, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 5.82 acres,Zoning District Change from Regional Commercial to I-2 on 2.98 acres, Site Plan Review on 5.82 acres, and Preliminary Plat of 5.82 acres into one lot and one outlot,legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.2011-18 for Planned Unit Development Concept Amendment, Ordinance No. for Zoning District Change from Regional Commercial to I-2 on 2.98 acres,Resolution No. for Site Plan Review, and Resolution No. 2011-17 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated January 12, 2011, reviewed and approved by the City Council on January 18,2011, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. Said development is herein termed, the "Expansion Parking" and that portion of the Property to be improved or altered pursuant to the Plans is herein termed, the "Expansion Parking Area". 2. EXHIBIT C: Developer agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land,construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for the construction or occupancy of the Expansion Parking Area 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. DISCLOSURE OF INFORMATION — FUTURE LIGHT RAIL TRANSIT: The Southwest Transitway is a proposed Light Rail Transit (LRT) line that will connect downtown Minneapolis to Eden Prairie through St. Louis Park, Hopkins and Minnetonka. Hennepin County Regional Railroad Authority(HCRRA)and the Metropolitan Council are developing the Southwest Transitway project with the goal of it being operational by 2017. In May 2010 the Locally Preferred Alternative (LPA) alignment for the Southwest Transitway was formally adopted by the Metropolitan Council. A map of the proposed alignment in the vicinity of the Property is shown in Exhibit D. Without waiving any rights, the Developer acknowledges it is aware of the LRT and understands the development of the LRT by the HCRRA and Metropolitan Council in accordance with the LPA will directly impact the Property. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for 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 information,including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any 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 Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. 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 Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the final plat for the Expansion Parking. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, maintenance of approved vegetation, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. 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 Expansion Parking Area. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to using any portion of the Expansion Parking Area for a parking lot. 8. LANDSCAPE PLAN: Prior to release of the final plat, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Expansion Parking Area depicting a total of 63 caliper inches and various shrubs. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150%of the cost of said improvements as required by City Code. Prior to using any portion of the Expansion Parking Area for a parking lot, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. PRETREATMENT PONDS: Prior to final plat approval on the Expansion Parking, 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 Expansion Parking Area. Developer shall complete implementation of the approved storm water quality facility plan prior to using any portion of the Expansion Parking Area for a parking lot. Prior to using any portion of the Expansion Parking Area for a parking lot, Developer shall provide to the City Engineer upon request,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. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Expansion Parking Area, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C,attached hereto,prior to using any portion of the Expansion Parking Area for a parking lot. 11. PRIVATE TRAIL RECONSTRUCTION: Prior to the release of any final plat for the Expansion Parking,Developer shall submit to the City Planner and obtain the City Planner's written approval of detailed plans for the reconstruction of the eight-foot wide private trail on the Property as shown in the Exhibit B Plans: A. An eight-foot wide bituminous trail constructed to City standards beginning at the south terminus of the existing trail north and northeasterly to Flying Cloud Drive. A four-foot high decorative fence will be required along the top of the west side retaining wall for safety purposes. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to using any portion of the Expansion Parking Area for a parking lot. Bonding in accordance with City Code shall be required for trail construction. 12. SITE LIGHTING: Prior to release of the final plat, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to using any portion of the Property for a parking lot. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.95 acres in the amount of$6,472.35. 14. TRAVEL DEMAND MANAGEMENT PLAN: Prior to release of the final plat for the Property,Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management(TDM)Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. Prior to release of the final plat for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the "Security") equal to 100%of the cost($20,000) of implementing the first two(2)years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees 1 month after the Property has achieved a 50% occupancy rate for the total rentable square footage of the Property. In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the current tenants,the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation - After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained for the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. 15. WETLAND PLAN: Prior to release of the final plat for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report") and the Wetland Delineation Report approved by the Nine Mile Creek Watershed District in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions,the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping",or"Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s)and wetland buffer strip(s)to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit F, for review and written approval by the Environmental Coordinator,for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. D. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners,their successors and/or assigns,Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Prior to release of the final plat for any portion of the Property,Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tara-Lukens Its Mayor By_ Jay Lotthammer Its Interim City Manager DEVELOPER: LIBERTY PROPERTY LIMITED PARTNERSHIP, a Pennsylvania limited partnership By: Liberty Property Trust, a Maryland real estate investment trust,its Sole General Partner By David M. Jellison, Vice President and City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2011, by Nancy Tyra-Lukens and Jay Lotthammer,respectively the Mayor and the Interim City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by David M. Jellison, the Vice President/ City Manager of Liberty Property Trust, a Maryland Real Estate Investment Trust, the sole general partner of Liberty Property Limited Partnership, a Pennsylvania Limited Partnership, on behalf of the limited partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT EDEN POINTE PARKING EXPANSION 2010 LEGAL DESCRIPTION Legal Description Before Final Plat Lot 1, Block 1, WILSON POINTE and Outlot B, WILSON RIDGE, according to the recorded plats thereof, Hennepin County, Minnesota Legal Description After Final Plat Lott, Block 1, and Outlot A, LIBERTY POINTE, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT EDEN POINTE PARKING EXPANSION 2010 PLANS 1. Cover Sheet dated Revised 11/24/10 by Westwood Engineering 2. Existing Conditions & Removal Plan dated Revised 11/24/10 by Westwood Engineering 3. Preliminary Plat dated Revised 11/19/10 by Westwood Engineering 4. Preliminary Site Plan dated Revised 11/24/10 by Westwood Engineering 5. Preliminary Grading Plan dated Revised 11/24/10 by Westwood Engineering 6. Preliminary Tree Inventory and Landscape Plan dated Revised 11/24/10 by Westwood Engineering 7. Land Use and Zoning Exhibit dated Revised 11/19/10 by Westwood Engineering 8. Photometric Plan dated 11/19/10 by Fusion Lighting EXHIBIT C DEVELOPMENT AGREEMENT EDEN POINTE PARKING EXPANSION 2010 I. Prior to release of the final plat,Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets,and lot arrangements and size,minimum floor elevations on the Expansion Parking Area,preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours,ponding areas,tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Not applicable IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof,to conform it to the final plat of Liberty Pointe as approved by the City and filed with Hennepin County. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title, free and clear of all mortgages and liens, and,except as disclosed on the most recent title commitment provided to the City by Developer, free and clear of any other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant in amounts in violation of applicable laws,including,but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Dedicated Property,any Hazardous Substances in amounts in violation of applicable laws. D. To Developer's knowledge,no independent inquiry having been undertaken,that hat no previous owner,operator or possessor of the Dedicated Property deposited,stored, disposed of, placed or otherwise allowed in or on the Dedicated Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored,disposed of,placed,or otherwise located or knowingly allowed to be located,in or on the Dedicated Property by Developer,its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees forengineering review. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance with respect to the Expansion Parking, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee,plan check fee,State surcharge,metro system access charge(SAC),City SAC and City water access charge (WAC). Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance with respect to the Expansion Parking,except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance with respect to the Expansion Parking,provide two copies of an approved survey or site plan(1" =200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue release of the final plat for the construction of any building, structure,or improvement on the Expansion Parking Area until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to building permit issuance with respect to the Expansion Parking, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/ or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option,but not the obligation,to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten(10)days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT EDEN POINTE PARKING EXPANSION 2010 Future Southwest Transitway Light Rail Transit If .. ( / , . \ ../ ' ..-, -11 . , • 11.. .P.d....".• .,, - •._:IA „,..-74, • 4 j. .. le ._, 4. r ,k� r•�7�py .01,7.: zie• , P i 1 f :4_, 0.."...f., ...f.kit41k, + ' Y� 1 ::,....„..........„....„.... .:,,,.4.;,,,6 ,.....,...,..111 . 4. i • i\ - ...14.. .‘71 . I Mil • 69t:t. - , - • '4* ' A • . r ) Br- + C' ' I • •4 ' ..r •4 k /•ii • • r i •• •� �7 it !- , ,',•. •�.;• •� r ti.a r 14 ., ,-----4 [ 4,. , e : 0. . ''• • •� , I/1.„ { A r ` II,f'• :: ill* : lb .,, :„.. - -.1•• • ,. " -- p' • • 4 i \\:••1 ••. . Pi: • * Y • ' , 5J •• l e�.-7. ::: 7 r ,....:.t--"1... . • . .1:10........44,____*:'. 'r EXHIBIT E DEVELOPMENT AGREEMENT EDEN POINTE PARKING EXPANSION 2010 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2011,between the City of Eden Prairie, a municipal corporation, (the "City") and Liberty Property Limited Partnership, a Pennsylvania Limited Partnership, on behalf of the limited partnership. (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $6,472.35 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$6,472.35 until such time as the assessments referred to above are levied. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Jay Lotthammer, Its Interim City Manager OWNER A Minnesota By: NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2011, by Nancy Tyra-Lukens,the Mayor,and Jay Lotthammer,the Interim City Manager,of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by ,the of Liberty Property Trust,a Maryland Real Estate Investment Trust, the sole general partner of Liberty Property Limited Partnership, a Pennsylvania Limited Partnership, on behalf of the limited partnership. THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT EDEN POINTE PARKING EXPANSION 2010 CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2011 by and between Liberty Property Limited Partnership, a Pennsylvania limited partnership hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: A. Easement for utilities and drainage as shown on the recorded plat of Wilson Pointe. (Parcel 1) B. Easement for utilities and drainage as shown on the recorded plat of Wilson Ridge. (Parcel 2) C. Easement for utility purposes, in favor of City of Eden Prairie, as created in document dated November 12, 1975, filed December 5, 1975, as Document No. 1161105 (Torrens). (Parcel 2) D. Terms and conditions of Final Certificate, dated July 22, 1975, filed January 11, 1979, as Document No. 4444236 (Abstract) and March 12, 1979, as Document No. 1320881 (Torrens). WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the `Basement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road,sign,billboard,utility,or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash,waste,or other offensive material,soil,or landfill shall to be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages except as identified herein. B. That Grantor has not used, employed,deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant in amounts in violation of applicable laws,including,but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area,any Hazardous Substances in amounts in violation of applicable laws; D. To the Grantor's knowledge, no previous owner, operator or possessor of the easement area,deposited,stored,disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys' fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors,and assigns. This easement is non-exclusive and Grantor reserves all rights and privileges relating to the Easement Area not inconsistent with the easement rights granted herein;without limiting the foregoing,City,by accepting this easement,acknowledges and agrees that the square footage of the Easement Area shall be included as part of the Property for all floor area coverage ratios,impervious surface coverage ratios and similar calculations. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. Provisions of this easement shall be binding upon and enforceable against the Property and the Grantor,their successors and assigns of the Property. Whenever a transfer of ownership of the Easement Area takes place,the transferor shall have no further personal liability for obligations under this easement that arise after the date of the transfer. It is the intent of this easement that the rights and obligations hereunder run with the land, and that upon a transfer the transferee become responsible for the obligations under this easement during the transferee's period of ownership. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By NOT TO BE SIGNED Jay Lotthammer, Its Interim City Manager GRANTOR NOT TO BE SIGNED NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2011, by Nancy Tyra-Lukens and Jay Lotthammer,respectively the Mayor and the Interim City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011,by ,the ,of Liberty Property Trust,a Maryland real estate investment trust, the general partner of Liberty Property Limited Partnership, a Pennsylvania Limited Partnership, on behalf of the limited partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA" DIAGRAM CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Stuart Fox, Parks and Natural Award Bid for the Rice Marsh Lake Trail Resources Manager, Parks and Project to Minnesota Dirt Works Recreation Motion Move to: Award the bid for the construction of the Rice Marsh Trail to Minnesota Dirt Works in the amount of$292,243. Synopsis Plans and specifications were prepared for this trail project and the bid opening was held on March 3, 2011. There were a total of 11 bidders and the bids ranged from a low of$292,243 to a high of $371,581.20. The bid summary is as follows: Minnesota Dirt Works, Inc. $292,243.00 Northwest Asphalt $298,892.00 Veit $303,865.00 Sunram Construction $309,513.10 DMJ Asphalt, Inc. $314,919.50 Cobalt Contracting $322,000.00 Minger Construction $333,881.91 Barber Construction $344,132.50 Midwest Asphalt Corp. $345,897.00 Peterson Companies, Inc. $355,819.44 Stocker Excavating, Inc. $371,581.20 The consultant for the project is HTPO and their recommendation is to award the bid to the lowest bidder, Minnesota, Dirt Works, Inc. The consultants estimate for this project was $350,770.00. Trail construction should begin in May with a substantial completion date of September 1st. The final completion date of May 31, 2012 is required to verify full establishment of vegetation within the wetland mitigation area of the project. Background The scope of this project is to build 4,000 feet of 8 foot wide bituminous bike trail and construct a bridge over Riley Creek. The trail would connect with the existing trail within Rice Marsh Lake Park and proceeds southerly and westerly across property owned by MnDOT to Riley Creek. Prior to and during the highway 212 construction staff from the city and MnDOT agreed in principal to the proposed alignment; however, trail construction could not be done until the roadway was completed. With the roadway complete both groups have met and agree that the trail corridor alignment is still acceptable and the trail project can proceed. The funds for this trail construction project come from the 2005 Park Bond Referendum which earmarked money for trail projects within the city that were incomplete or contained major gaps. Two infill trail projects which have been built using bonding funds include the northerly section of bike trail along Eden Prairie Road and the missing trail section in the major center area along Flying Cloud Drive. Attachments HTPO Letter Bid Summary Sheet Trail Location Map I1 • I Engineering Surveying ;) Landscape Architecture 1 � J March 3,2011 Mr.Stuart Fox City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Rice Marsh Lake Trail Project No. 10103 Dear Mr. Fox, Bids were received and opened at 11:00 a.m. on Thursday March 3,2011, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $350,770. The low bidder, Minnesota Dirt Works, Inc., came in 17% below the Engineer's Estimate with a bid of$292,243. Recommendation is made that the City Council awards Project No. 10103 to Minnesota Dirt Works, Inc. in the amount of $292,243. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Tho D Pelliinen ©1s®n, Inc. (4444d Aaron K. Carrell,P.E. 7510 Market Place Drive Enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie • Project No. 10103 DESCRIPTION: Rice Marsh Lake Trail BID OPENED: March 3, 2011 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson,Inc. Bidder Bid Security Total Bid Minnesota Dirt Works, Inc. Yes $292,243.00 Northwest Asphalt Yes $298,892.00 Veit Yes $303,865.00 Sunram Construction,Inc. Yes $309,513.10 DMJ Asphalt,Inc. Yes $314,919.50 Cobalt Contracting Yes $322,000.00 Minger Construction,Inc. Yes $333,881.91 Barber Construction Yes $344,132.50 Midwest Asphalt Corporation Yes $345,897.00 Peterson Companies, Inc. Yes $355,819.44 Stocker Excavating, Inc. Yes $371,581.20 RLEY CREEK = R CE MARSH LAKE PARK TRABL CONNEC-10N I---- SPRUCE TRL�/ -NN',_ ►� , � ;` SGN MRo.� t ROER. .R F.. 71 i _,,. \ DOVE-CT w "-METH i. r� t off+ � / MAGENTA �. I 9 ,/ ' �` 'kC Rice Marsh Lake 1 s. Rice Marsh Lake Park I 1 t rx '' / s . BRIDGE dig I' _ / ,-.,.- J v .._f.. .001,TH-TRC Riley Creek, 1: Op 1 i n , ' / \.\\ / ' i \ ST MELLIO L `,� t I= I ' ‘ \ -""."`j / rJ i 1--Sr, \ N 4- Legend �' r i . Proposed Trail ED E N 0 125 250 500 = - Existing Trails PRAIRIE CIM Feet CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Stuart Fox, Parks and Natural Declaration of Restrictions and Covenants on Resources Manager, Parks and Hawthorne of Eden Prairie Outlot Recreation Motion Move to: Approve the signing and the filing of a Declaration of Restrictions and Covenants on a City-owned Outlot within Hawthorne of Eden Prairie (Rice Marsh Lake Park). Synopsis The Rice Marsh Lake Trail construction project will impact a natural wetland area and this requires mitigation/replacement under the terms of the Wetland Conservation Act. The City is mitigating the impacted area on City property(part of Outlot D, Hawthorne of Eden Prairie, a.k.a. —Rice Marsh Lake Park). The mitigation process requires the signing of the Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement document by the Mayor and City Manager and its filing with Hennepin County. The agreement stipulates the City of Eden Prairie agrees to monitor and maintain the Replacement Wetland as long as we own the property. Background The trail construction project is impacting 1,345 square feet of wetland area. To mitigate this wetland impact the construction project will create a 2,690 square foot wetland area on the westerly side of Rice Marsh Lake Park. The plans and specifications for this wetland mitigation area are defined in the plans and specifications for the trail project. A map of the replacement area can be found in the attachment and it is identified as "Exhibit B". Attachment Declaration of Restrictions and Covenants (Above Space is Reserved for Recording Information)— Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Replacement Wetland Declarant: City of Eden Prairie General Location of Replacement: 1/4 Section: SE 1/4 Section: SW Section: 18 Township #: 116 Range#: 22 , County of Hennepin This Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Wetland(Declaration) is made this 15th day of March, 2011 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of(1) a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended,Minnesota Statutes section 103G.222 et seq.,and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0420. E. The Local Government Unit(LGU)charged with approval of the Replacement Plan is the City of Eden Prairie, whose address is 8080 Mitchell Road, Eden Prairie, MN 55344 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. BWSR Forms 11-25-09 Page 1 of 6 RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land,and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance,repairs,reconstruction,and replacement of the Replacement Wetland,which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU,the State of Minnesota,and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that,all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration,pay all costs associated with recording or filing,and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term"Replacement Wetland"as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526; (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on BWSR Forms 11-25-09 Page 2 of 6 areas specified in the replacement plan for native vegetative cover,including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials,substances,or other objects,nor erect or construct any type of structure,temporary or permanent, on the areas specified in the replacement plan,except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act,the U.S.Army Corps of Engineers(or successor agency)must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration,unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. BWSR Forms 11-25-09 Page 3 of 6 Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) This instrument was acknowledged before me on (date) by (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: Attachments: [Exhibit A] Attachment A(legal description) [Exhibit B] Attachment B (map or survey of Replacement Wetland) This instrument drafted by: BWSR Forms 11-25-09 Page 4 of 6 EXHIBIT A DECLARATION OF COVENANTS AND RESTRICTIONS LEGAL DESCRIPTION That part of Outlot D, HAWTHORNE OF EDEN PRAIRIE, according to the recorded plat thereof, described as follows: Commencing at the most southerly corner of said Outlot D; thence on an assumed bearing of North 01 degrees 34 minutes 38 seconds East, along the westerly line of said Outlot D a distance of 208.71 feet; thence North 08 degrees 58 minutes 19 seconds West along said westerly line a distance of 217.61 feet to the point of beginning; thence South 32 degrees 48 minutes 46 seconds East a distance of 53.08 feet; thence South 05 degrees 10 minutes 47 seconds East a distance of 258.40 feet; thence North 20 degrees 34 minutes 33 seconds East a distance of 84.28 feet; thence North 05 degrees 14 minutes 34 seconds West a distance of 214.58 feet; thence North 40 degrees 17 minutes 25 seconds West a distance of 115.20 feet to the westerly line of said Outlot D; thence southerly, along said westerly line a distance of 79.47 feet to the point of beginning. BWSR Forms 11-25-09 Page 5 of 6 EXHIBIT B DECLARATION OF COVENANTS AND RESTRICTIONS REPLACEMENT AREA DIAGRAM :III....__r \��' snn r;IEM;EWt4 k 5M2MEN1 PBr t rti SE0 rtr, WESTERLY UNE. -- .-7 i---,,p,,,,, “ 4\<s OF YJTLOrO POE J' \i �c Alk 4111 1�4. 1 1 11 l \11041 CITY WETLAND rot 1B•43-A ` i i WETJ4NO CREATION AREA e tl 1{ ❑UTLOT D 1 1 PIO:18-116-22 42-0002 al j 111 , OWNER:STY OP EDEN PRAIRIE ill I 1D ' I l4 ';' ` ^e n i1 n I 1 �� AL 1E1 \ i p11� 1 1 e' vi u+ la 1 .tI i 9 u AL ); In I l 1 i WESTERLY LINE OF OUTLOT O t 1Ac r {`y' w c Cq NAL . + i AA. W er er „.,."' 1 l''ql I 11 I Engineering•Surveying 1 Pac 71 Landscape Architecture MOST SOUTHERLY CORNER HANSEN THORP PET-LINEN❑LSON,Inc. CIF OLITLQr D rsm May Ev-e OR.•Ede.Pe..M4 El. I5.5242G-0?(0•0624X-Wle Vs BWSR Forms 11-25-09 Page 6 of 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 03-5602 ITEM NO.: VIII.F. Leslie Stovring Wetland Health Evaluation Program Public Works /Environmental Agreement Services Requested Action Move to: Authorize an agreement with Hennepin County for Eden Prairie to continue participation in the Wetland Health Evaluation Project Synopsis In 2010 the City completed its ninth year of monitoring wetlands through the Wetland Health Evaluation Program (WHEP) in partnership with Hennepin County. Hennepin County is requesting continued sponsorship of the program for an annual cost of$4,000 per year for 2011 and 2012. The program has been a successful project and the monitoring program is continuing in 2011 as one of our Phase II Stormwater Permit programs. Currently the project is collecting data which could be used in the future to assist in evaluating trends in our wetland mitigation sites and helping to determine if projects could be undertaken to improve the quality of the wetlands evaluated. Funding will be from the stormwater utility. Background The Wetland Health Evaluation Project (WHEP) is a partnership between Hennepin County, the Minnesota Pollution Control Agency (MPCA) and a number of cities and watershed organizations within the County. The project involves volunteers to monitor and evaluate wetlands within sponsoring communities. It is an excellent tool for both environmental education and collection of natural resource data. The data will be used to monitor how changes in land use impact the wetlands evaluated as well as to educate citizens and decision makers about wetland health in their community. Hennepin County is planning on using the data collected to apply for grants targeted at restoration or enhancement of the wetlands in the future. Using sampling methods developed by the MPCA, the volunteers help determine the general health of the wetlands sampled. Insect and plant communities are sampled and evaluated. The organisms collected are "biological indicators", meaning their existence in an area is indicative of environmental conditions. For example, bladderwort (Utricularia spp.) indicates that a wetland is healthy, as bladderwort is sensitive to ecological changes. The stipend provided by the sponsor City is used to fund hiring of a team leader, purchase of equipment, providing training programs for volunteers, quality control, volunteer recognition and data analysis and reporting. The City selects four wetlands appropriate for the evaluation and provides a staff contact (the Environmental Coordinator) for the project. To date, nineteen (19) wetlands have been sampled in Eden Prairie. Results A total of eighteen volunteers and two team leaders worked on the Eden Prairie project in 2009 and 2010. Each year the volunteers work an average of 14.5 hours per volunteer plus the time spent in training (approximately 12 hours). The Team Leader typically puts in many more hours, and receives a stipend in consideration of the extra time. The volunteers sampled five wetlands between 2009 and 2010. The wetlands are as follows: • Hidden Ponds — Two ponds within Hidden Ponds were added in 2009. The ponds are just off Tartan Curve and Dell Road and are located within a residential area. Both ponds have minimal native buffers as the grass is mowed to the edge of the pond. These ponds were part of the Hidden Ponds dredging project that was completed in 2006. The intent was to evaluate wetland conditions to determine the impacts of the dredging. Pond EP-15 was rated as poor for invertebrates and moderate for vegetation in 2009 and moderate for both in 2010 indicating that the pond is slowing improving in quality. Pond EP-16 was rated as moderate for both invertebrates and vegetation in 2009 and 2010. • Round Lake Park — A wetland southwest of Round Lake was added in 2009. The pond was scheduled to be partially dredged by the Riley-Purgatory-Bluff Creek Watershed District during the winter of 2009/10. The WHEP data will help provide background data on the health of the pond. The WHEP program classified the wetland as moderate in 2009. Sampling will be repeated in two to three years to determine the impacts to the pond from the dredging. • Westgate Conservation Area — The wetland mitigation site within the Westgate Conservation Area was added in 2009. This was a wetland that was expanded to provide wetland mitigation for development. The sampling program will help determine the success of the mitigation. The WHEP program classified the wetland as moderate for invertebrates and excellent for vegetation in 2009 and moderate for both in 2010. In the overall WHEP program, more than 30 wetlands were sampled in Hennepin Counties in 2009 and 2010. The vegetation analysis was consistent with previous trends, with more than half of the wetlands rated as Moderate or Excellent. Attachments • Attachment I- WHEP Cooperative Agreement Contract No:A110127 COOPERATIVE AGREEMENT THIS AGREEMENT made and entered into by and between COUNTY OF HENNEPIN, STATE OF MINNESOTA ( "COUNTY")A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environmental Services, 417 N. 5th Street, Minneapolis, MN 55401 (DEPARTMENT) and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, MN 55344 ( "City") WITNESSETH: WHEREAS, the City is willing to cooperate with the County on the Wetland Health Evaluation Program ("Program"). And WHEREAS, the County represents that it has the professional and technical expertise and capabilities to perform it's duties on this Program, NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THE AGREEMENT As consideration for its services, the City will pay up to Eight thousand dollars ($8,000) for services rendered by the DEPARTMENT for the WHEP program; to include all equipment; training; in-person assistance; QA/QC; data assessment; report writing, printing and distribution; and volunteer recognition. This contract will term runs from May 1, 2011 through May 31, 2013. 2. PAYMENT FOR SERVICES Payment for services shall be made directly to the DEPARTMENT after completion of the services upon the presentation of a claim in the manner provided by law governing the COUNTY'S payment of claims and/or invoices. The DEPARTMENT shall submit an invoice in 1 HCAO Form 101 2009 (Revised 8/08) December for services rendered. Payment shall be made within thirty-five (35) days from receipt of the invoice. 3. INDEPENDENT CONTRACTOR It is mutually understood that the DEPARTMENT acts as an independent contractor. The DEPARTMENT shall select the means, method, and manner of performing the services herein. DEPARTMENT employees shall not be considered to be either temporary or permanent employees of the CITY. 4. DEFAULT AND CANCELLATION a. If the DEPARTMENT fails to perform any of the provisions of the Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the DEPARTMENT'S default is excused by the CITY, the CITY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the CITY for delaying payment until the DEPARTMENT'S compliance. In the event of a decision to withhold payment, the CITY shall furnish prior written notice to the DEPARTMENT. b. This Agreement may be canceled with or without cause by either party upon forty- five (45) days' written notice. 2 HCAO Form 101 2009 (Revised 8/08) COUNTY OF HENNEPIN AUTHORIZATION COUNTY ADMINISTRATOR AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Richard P. Johnson, County Administrator By: Assistant County Administrator- Public Works Date: Recommended for Approval By: Director, Department of Environmental Services Date: CONTRACTOR The Contractor certifies that the person who executed this Agreement is authorized to do so on behalf of the Contractor as required by applicable articles, bylaws, resolutions or ordinances.* Name: By: Date: *Contractor shall submit applicable documentation(articles,bylaws,resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time Contractor returns the Agreement to the County. Documentation is not required for a sole proprietorship. 3 HCAO Form 101 2009 (Revised 8/08) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 02-5574 ITEM NO.: VIII.G. Leslie Stovring Environmental Learning Center Exhibit Public Works/Environmental Upgrade Requested Action Move to: Approve the Environmental Learning Center Exhibit proposal from Display Arts for $28,688.98 Synopsis Classes began visiting the Environmental Learning Center (ELC) in October 1998. Since that time many of the exhibits are starting to show wear and tear from the flow of students through the exhibit area. The proposal provided by Display Arts is to repair and update the watershed display exhibit. Funds allocated for education measures within the Stormwater Permit Program (SWPP) will be used to fund the work. Background Information The ELC has been in operation since October 1998 and the exhibits are starting to experience significant wear and tear. The ELC is an important element in our public education outreach to the community. Through a partnership with local School Districts, many 3ra, 4tn and 5th grade students from Eden Prairie as well as Chaska, Bloomington and Edina tour the facility as part of their curriculum stressing water conservation and environmental stewardship. Our commitment is to keep the exhibits fresh and current to insure that the districts and the children continue to value the experience. We have been refurbishing one or two exhibit areas per year starting in 2006 to meet that goal. Previous work included the groundwater and the Water Store exhibits. For 2011 the Watershed and Wetland Display will be replaced. This is a very popular display as the base resembles swamp water and is not only visually appealing but also very tactile. The new display will aim to keep this sense of being able to not only look at the educational images but to also touch and interact with the display. The work will include: • Replacement of the exhibit base, including the animal cutouts, resin base, and mud banks • Storm cloud to groundwater image indicating the importance of the hydrologic cycle • Information portals illustrating the benefits of wetlands for water quality • Preparation and mounting of six stormwater related messages for the back wall • Printing and mounting of a new map showing the major watersheds within the city Attachments Attachment 1 —Professional Services Agreement and Proposal Attachment 2—Watershed Exhibit Rendering Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the day of C- la( , 20 0 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and 1)‘ •ptcx i ( ' , a Minnesota (}C_. �_ . ckAi (hereinafter "Consultant") whose business address is - i .:_-, ci,t 1- 1 ):y1vti;,> A-1 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for 104e \ci A ,,v; -e:r`1 (1 d. ttf ereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultapt agrees to provide the professional services shown in Exhibit "A" ( ) in connection with the Work. The terms of this standard agreement shall take precedence over a provisions of the Consultants proposal • and/or general conditions. e 6 Yb o% cka �, 13/ E 2. Term. The term of this Agreement shall be from ' )C,f-dr\ \ through i-30 C 4} the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $„ ; ' . g' for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, 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." 6. Project Manager and Staffing. The Consultant has designated x\3 4 r h and to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms 2 Rev. 8-07-2009 established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such 3 Rev. 8-07-2009 work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 4 Rev. 8-07-2009 not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements \,\?.'N stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with thisParaaraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 8-07-2009 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediationas a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-07-2009 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City 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. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME 100- \ CVO U( G\-k-k-\j-4 By4::( ,„, Its: R,s,L V� AA\_IL -r- ���.�� ,\-e , a 0 - otAx U y- \-u -\-2 (gym AL) 9/r-A}4 PROPOSAL Page 1 123814 DISPLAY City of Eden Prairie r ARTS Leslie Stovring 8080 Mitchell Road 7934 Main Street NE Eden Prairie MN 55344 Minneapolis, MN 55432 P: 763-571-0260 Date 2/22/2011 F: 763-571-1530 Job Due 7/30/2011 Phone 952 949 8327 Istovring@edenpra Project# 3301 Salesperson Client# 4399 Chris Kohn Wetland/Watershed Display Total Project Estimate I $28,688.98 Item# Bid# Item Quantity Unit Price Total Price 1 13392 Wetland/Watershed Display ( 1 $28688.98 $28688.981 Base cabinet: •Approximate overall size: 30"H x 22'W x 10'D • Plywood and laminate construction • Imbedded pond area with: tinted resin water, sand, mud and gravel • Iris, marsh marigold, cattails, arrowhead, Llly pads, etc. - Digital prints, surface mounted on 3/8"clear acrylic silhouettes. -Acrylic base with screw holes to mount to base cabinet. - Photographic images researched and provided by DAW. - Each image will have an identification label. • Swamp sparrow, muskrat house, turtles, otters, loon, wood duck,frogs, snowy egret, snipe, blue heron, marsh wren, etc. - Digital prints, surface mounted on 3/8"clear acrylic silhouettes. -Acrylic base with screw holes for mounting to base cabinet. - Photographic images researched and provided by DAW. - Each image will have an identification label. -Waves of vinyl copy messages on leading edges of cabinet. Acrylic sign to replace the water pitcher cabinet: • Similar to the plant and animal images above. • Storm cloud to ground water image indicating the importance of the hydrologic cycle in the filtering of our water. •Will tie into the imbedded pond area to complete the message. Environmental information portals: •Two cabinets, approximately 44"H x 40"W x 6"D • Plywood and laminate construction Creative services,as needed,will be billed at$95.00 per hour. Dealer destination charges, sales tax and shipping are not included. This proposal may be withdrawn by Display Arts if it is not accepted within 30 days. Terms: A down payment of 50% is due with the acceptance of the proposal. Additional payment of balance is due upon completion. Acceptance Signature: Date: —''�I�_..__, PROPOSAL Page 2 123814 DISPLAY City of Eden Prairie ARTS Leslie Stovring 8080 Mitchell Road 7934 Main Street NE Eden Prairie MN 55344 Minneapolis, MN 55432 P: 763-571-0260 Date 2/22/2011 F: 763-571-1530 Job Due 7/30/2011 Phone 952 949 8327 Istovring@edenpra Project# 3301 Salesperson Client# 4399 Chris Kohn 2 13452 • Using the six messages currently displayed on the "trap door"areas. • Each portal will have a knob that will allow the students to interact by reading the message and then turning the knob to reveal an explanation. The knob would return to the original position automatically. •This will eliminate the noisy"trap door"displays. Back wall: • Reuse existing perforated panels - DAW will pick-up panels, but assumes assistance will be available. - Freshly painted silhouetted images of trees and plants • Six, storm-water related photos and messages - Digital prints second surface mounted on 1/4"clear acrylic - Mounted to back wall with stand-offs • New watershed sign - Second surface mounted on �/4"clear acrylic - Mounted to back wall with stand-offs - PDF available from client Replace photographs on the"Water is priceless"wall opposite the Wetland/Watershed Display: • Create six new images to go with current messages • Second surface mounted on 1/4"clear acrylic Price includes an additional 12 hours of creative. Price does not include demolition of existing exhibit. DAW will send a truck to pick-up parts that will be reused. City to provide assistance to load truck. Note: This price is based on Display Arts standard liability and worker compensation insurance and assumes all additional insurance specifications will be removed from contract. Creative services,as needed,will be billed at $95.00 per hour. Dealer destination charges, sales tax and shipping are not included. This proposal may be withdrawn by Display Arts if it is not accepted within 30 days. Terms: A down payment of 50% is due with the acceptance of the proposal. Additional payment of balance is due upon completion. Acceptance Signature: Date: PROPOSAL Page 3 123814 DISPLAY City of Eden Prairie ARTS Leslie Stovring 8080 Mitchell Road 7934 Main Street NE Eden Prairie MN 55344 Minneapolis, MN 55432 P: 763-571-0260 Date 2/22/2011 F: 763-571-1530 Job Due 7/30/2011 Phone 952 949 8327 Istovring@edenpra Project# 3301 Salesperson Client# 4399 Chris Kohn Total project estimate $28,688.98 TERMS AND CONDITIONS Orders for articles,materials,or services will not be placed in work until signed confirmation of this PROPOSAL is received with required down payment. DISPLAY ARTS will not be held responsible for delays due to late payments scheduled per this agreement.No responsibility is assumed for delays occasioned by failure of others to meet commitments or for any other reason beyond DISPLAY ARTS'control.Prices do not include sales tax,shipping,freight,trucking charges or insurance in transit unless specified in the proposal.Absent a written agreement to the contrary,designs,samples,drawings,models and specifications shall remain the property of DISPLAY ARTS,regardless of whether the work/project is executed. DISPLAY ARTS has the right to photograph the completed project and use such photos for promotional purposes. Unless otherwise specified and agreed upon by both parties in writing,Orders signed by authorized representatives of both parties and received by DISPLAY ARTS are non- cancelable. DISPLAY ARTS shall supervise key steps during the construction and installation process. If DISPLAY ARTS is requested to render services not contemplated by this agreement,including extra drafting,extraordinary travel,telephone,or other special expenses due to changes ordered by Client,any costs associated with the same must be pre-approved by Client and agreed upon in writing by authorized representatives of both parties. If the shipment of items is delayed beyond five(5)business days of the regularly scheduled shipment date based on Client's instructions or other reasons beyond DISPLAY ARTS'control,DISPLAY ARTS reserves the right to charge Client storage costs not to exceed$10.00 per day.All claims regarding shortages and defects must be made to DISPLAY ARTS by Client within 7(seven)business days of Client's receipt of shipment.Performance is subject to acts of God,government authority,disaster,or other emergencies,any of which make it illegal or impossible for either party to perform its obligations. Client agrees to hold DISPLAY ARTS harmless from any injury or damage occasioned by the use or abuse of any part of the completed project,except to the extent and percentage attributable to DISPLAY ARTS'or its agents'and/or employees'negligence. DISPLAY ARTS agrees that all services to be provided hereunder(the"Services")shall be conducted in a lawful manner and in compliance with all applicable federal,state and local laws. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT OR ELSEWHERE TO THE CONTRARY,NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,INCIDENTAL,SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES,WHETHER OR NOT SAID PARTY SHALL BE AWARE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. The undersigned represent that they are authorized to sign and enter into this Coniraet Creative services,as needed,will be billed at $95.00 per hour. Dealer destination charges, sales tax and shipping are not included. This proposal may be withdrawn by Display Arts if it is not accepted within 30 days. Terms: A down payment of 50% is due with the acceptance of the proposal. Additional payment of balance is due upon completion. Acceptance Signature: Date: DISPART-02 HEDE /-%WRD" DATE(MMroLWYYY) CERTIFICATE OF LIABILITY INSURANCE 02/22/2011 PRODUCER (952)945-0200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Associated Financial Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 12600 Whitewater Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minnetonka,MN 55343 INSURERS AFFORDING COVERAGE NAIC# INSURED Display Arts Worldwide, Inc. INSURER AAcuity 7934 Main Street INSURERS: Fridley,MN 55432 INSURER C: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR ADD'L POLICY EFFECTIVE POLICYEXPIRATION LIMITS LTR NERD TYPEOFINSURANCE POUCY NUM DER DATE(MMst)tWYV' DATEIMM/DIYYYYY) GENERALUABILRY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LABILITY X04712 10/31/2010 10/31/2011 PREMI TSOIrg Once) $ 100,000 CLAIMS MADE X OCCUR MED EXP(My one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMPKW AUG $ 2,000,000 X POLICY PROT- [LOC _JEC AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO X04712 10/31/2010 10/31/2011 (Ea accident) ALL OARED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-CANED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABIUTY EACH OCCURRENCE $ 5,000,000 A OCCUR CLAIMS MADE X04712 10/31/2010 10/31/2011 AGGREGATE $ 5,000,000 s DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION IAC STATU- OTH- AND EMPLOYERS'UABIUTY TORY LIMITS ER A ANYPROPRIETOR/PARTNER/EXECUTIV X04712 10/31/2010 10/31/2011 EL.EACH ACCIDENT $ 500,0 OFFICER/MEMBER EXCLUDED? t I 00 500,000 (Mandatory In NH) E.L.DISEASE-EAEMPLOYEE $ If s,describe under 500 000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ � OTHER DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POUCIESBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Q_____ DAYS WRITTEN City of Eden Prairie NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 8080 Mitchell Rd IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Eden Prairie, MN 55344- REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD DISPART-02 HEDE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) PI MEMORANDUM EDEN Date: February 3, 2011 From: Leslie Stovring, City of Eden Prairie PRAIRIE To: Mr. Chris Kohn,Display Arts "°``14°E A °"`A� Subject: Request for Proposal—Environmental Learning Center Exhibit Update The City of Eden Prairie is requesting your quote for updating the wetland and watershed exhibit at the City's Environmental Learning Center (ELC). This RFP is intended to be a guideline. The quote provided within the proposal must include a"not to exceed"amount. A list of materials proposed for use at the ELC for the attached scope of work must be included in the proposal. All fees and taxes incurred as part of this proposed scope of work must also be included in the proposal. No additional work beyond the scope outlined in this RFP will be reimbursed without prior written authorization by the City. The purpose of this Request for Proposal (RFP) is to obtain a written proposal for professional services to update, refresh and provide general repairs for the wetland and watershed exhibit at the ELC for the City of Eden Prairie. If you have any questions regarding the RFP requirements, please contact me at 952-949-8327. SECTION 1 -GENERAL INFORMATION INCURRING COSTS-The City of Eden Prairie is not liable for any costs incurred by any prospective firms (Contractor)prior to the signing of a contract. ACCEPTANCE OF PROPOSAL CONTENTS -The contents of this RFP and proposal will become contractual obligations, if a contract ensues. Failure of the Contractor to meet these obligations may result in cancellation of the award. All information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 -Minnesota Government Data Practices Act. SECTION 2 -WORK STATEMENT The Education Center includes approximately 3,500 square feet of space, which is divided into three sections within the Water Treatment Plant. The facility is available to all ages but has a special emphasis towards school age children in 3rd to 5th grade. The Exhibit Areas teach students about their daily personal impacts on water use and the environment; water conservation, water quality and non-point source reduction. More than 2,000 students visit the Center each year since it began operation in 1998. Many of the exhibits are in need of general repairs as well as addition of new ideas for renewed interest. Individual tasks to be included in the proposal are listed below. The estimate must contain line items for each task. All items that are provided under this RFP must be documented in an "instruction manual" to be provided at the conclusion of the scope of work that outlines materials used and on-going maintenance requirements. • Base Cabinet — The base cabinet should be replaced. The height should be appropriate and accessible for children between Kindergarten and 5th grade. It is estimated that the new cabinet will have an approximate size of 30" H x 22' W x 10' D. All power switches should be hidden behind lockable panels. There are a number of messages printed on the existing base cabinet. The messages must be replaced. All features must be available for visual and tactile interaction with students. • Perforated Panels/Back Wall—The back wall should be reused and incorporated into the design. Wetland and Watershed Display RFP—February 3, 2011 Page 2 of 3 • Back Wall / Panel Artwork - The photos on the back panel should be replaced. New photos can be supplied by the City; however they must be printed, mounted and framed by the Contractor. A maximum of six (6) photos will be used. The watershed sign can be reused however; the sign is available in PDF format if the contractor prefers replacing the sign. • Plants /Animals — Two snapping turtles are represented. However, one of these is not a snapping turtle. The incorrect one should be identified properly. In addition, the remaining animals and plants have faded or broken and should be replaced with sturdier features that are easily replaceable (i.e. they could be attached through the base of the display so they can be swapped out). The existing plants and animals can be replaced, although substitutions are allowed if they are appropriate for local wetland communities. • Wetland "mud" and "water" — Repair and replace the wetland area with resin water and a faux- marshland of sand, gravel and mud. • Water Pitcher Cabinet—The water pitcher cabinet should be replaced or the messages moved to the wallboard. Optional, a new message or presentation idea could be designed for this space. • Computer Console—The box that formerly held the computer should be removed from the display. • Flip Panels — The flip panels must be replaced with a design that will lessen noise impacts. This could be a lighted panel or flat artwork. The messages can be reused, but replacement artwork must be supplied by the Contractor. SECTION 3 - INFORMATION REQUIRED IN PROPOSAL The proposal shall contain the type of information summarized below. Additional information is allowable as long as it is directly relevant to the proposed subject. PROJECT DELIVERABLES - Provide specific approaches, supplies, methods and assumptions that will be utilized to accomplish each task required. This should include information regarding: • The information to be provided by the City and the Contractor; • A list of equipment and supplies which will be utilized for the repairs and replacement; • Format that all written or graphic deliverables will be provided in; • A project time-line, including the interrelationship between various tasks; • The number of hours that will be allowed for design assistance to the City, and • Any other appropriate information regarding how the Contractor will perform this project. FEE QUOTATION - The price quote will be used to estimate overall project costs and as a basis to commence contract negotiations. Include the name and telephone number of the person(s) in the organization who is authorized to negotiate the proposed contract with the City. If subcontractors are hired, a single firm shall administer the contract. All billings will be routed through this firm. Proposals must contain a cost estimate that is based on an hourly fee. Include all taxes and fees associated with the proposed scope of work. The invoices submitted must include a detailed breakdown of times, personnel, mileage, supplies, etc. chargeable for that period and Task. Project summaries are required to be submitted with each invoice during the course of the project. Each summary will detail the amount billed to date for each task, tasks which need to be completed, the estimated cost to complete these tasks and the projected timeline for completion of the project. The costs for these summaries should be included in the fee quotation. Wetland and Watershed Display RFP—February 3, 2011 Page 3 of 3 PROPOSED MODIFICATIONS TO SCOPE -_The proposal shall discuss any proposed modifications to the scope outline herein that the Contractor may feel are necessary to ensure that the project is in compliance with statues, rules and other requirements. The RFP provided by the City is for general guidance only and may be modified as appropriate with City approval. ADDITIONAL INFORMATION - Include any other information that is believed to be pertinent, but not specifically asked for elsewhere in this RFP. Provide one signed printed copy and one PDF copy of the proposal for the evaluation process. SECTION 4-TERMS AND CONDITIONS 1. The City reserves the right to contract for only portions of the scope of work outlined in this RFP. Deletion of specific Tasks or sub-Tasks will be at the discretion of the City. 2. If, for any reason, your firm is not able to commence the services in your proposal within 30 days of award,the City reserves the right to request proposals from other qualified firms. 3. The City will only pay the Contractor for services based on the not-to-exceed fee quotation approved in the proposal or agreed in negotiation. 4. An official authorized to bind the Contractor to its provisions must sign the proposal in ink. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 9 months from the date of the proposal. 5. The City shall retain ownership of all graphic art, plans, maps, reports, data and photographs prepared by the Contractor and/or their sub-consultants under this proposal. The City may reproduce any or all portions of these items at their discretion. 6. The attached General Conditions are to be considered a part of the Proposal. Fowl and Reptile Images City of Eden Prairie Watershed Lobby Display r!� Selected Flora and Fauna Images .fir r -... ..} •, kic., 1 , . a 1,. \., . . i., \1 1"1' .�.:`_,.....:.'.1 ,F.''.'", ' .. ' .' q) 1 : irl1010111111111111141 I Iiii ' ,, ,, iiiiiiiii .., perspective view 1411i1(""4' `f.C.i.'`',-- 4. lam.. Y : yWatershed information is visible in the window.Child raises knob to reveal panel with key information J` ' , and supporting imagery. k f V' . h !:, I ! �'{ 5�'�.yF=+�l 11\ ' . detail view h, ;tic _ l t a plan view ,b1 lien! .'`'.1 'T le'l+ i, ..L'. tt DISPLAY ARTS All designs shown are the sole and exclusive property of Display Arts Worldwide until purchased.No part of any design or ideas suggested may be reproduced without written agreement of Display Arts Worldwide. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5784 ITEM NO.: VIII.H. Mary Krause Award Contract for 2011 Maintenance Public Works/Engineering Materials Requested Action Move to: Award contracts for I.C. 11-5784, 2011 Maintenance Materials, as indicated in the attached recommendation of award. Synopsis Bids were received on March 3, 2011 for the 2011 supply of Street Maintenance Materials required to perform annual street maintenance projects including street repair, patching and curb repair and replacement. Attached is a bid summary sheet and a table indicating the material, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT Bituminous and Class 5 Aggregate Materials: Four bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates the lowest cost to use asphalt supplied from Wm. Mueller & Sons, Inc., with Commercial Asphalt having the second lowest cost based on the analysis; third lowest being Midwest Asphalt Corporation. The MNDOT non-wear material analysis indicates the lowest cost supplier is Commercial Asphalt, followed by Bituminous Roadways, Inc. with the second lowest cost and Midwest Asphalt Corporation with the third lowest. Due to production capabilities, demand and availability at the plants, staff recommends award of the bituminous mixes as stated above and as indicated on the attached Recommendation of Award. Staff will select the appropriate vendor on a daily basis. A similar cost analysis was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows the lowest cost to utilize Midwest Asphalt Corporation and Class 5 Virgin aggregate utilizing Barton Sand& Gravel. The low bid for concrete was from Aggregate Industries. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD I.C. 11-5784 2011 Maintenance Materials 1 Mn/Dot Bituminous Wear Wm. Mueller& Sons, Inc. $53.59/Ton Commercial Asphalt $56.25/Ton Midwest Asphalt Corporation $64.37/Ton Commercial Asphalt $42.90/Ton 2 Mn/DOT Bituminous Nonwear Bituminous Roadways, Inc. $42.84/Ton Midwest Asphalt Corporation $56.80/Ton 3 Class 5 Recycled Aggregate Midwest Asphalt Corporation $8.05/Ton 4 Class 5 Virgin Aggregate Barton Sand& Gravel $5.77/Ton 5 Mn/DOT 2461 Concrete Mix 3A32 Aggregate Industries $87/Yd.3 I.C. 11-5784 2011 Maintenance Materials Bid Results BIDDERS Bituminous Mix Bituminous Mix Class 5 Class 5 MNDOT 2461 Virgin) concrete mix (100% Wear Course Non-wear CourseRecycledg ) 3A32 Crushed) Aggregate Industries $7.71/ton $10.72/ton $87/Cu.Yd.* Barton Sand&Gravel $7.32/ton $5.77/ton Bituminous Roadways $65.35/ton $48.84/ton $ 6.41 /ton Bryan Rock $8.55/ton Commercial Asphalt Co. $56.25 ton $42.90/ton Kraemer Mining&Materials,Inc. $7.28/ton $7.66/ton Midwest Asphalt $64.37/ton $56.80/ton $8.05/ton Mueller&Sons $53.59/ton $52.37/ton $7.81/ton Shakopee Gravel,Inc. $11.75/ton Cemstone Products Co. $4.25/ton $5.00/ton $112/Cu.Yd.** AVR,Inc.&Affiliates $5.20/ton $97.60/Cu. Yd.*** * $70/Load short load charge **$70/Load short load charge ***$96.55/short load charge CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILI. Eugene A. Dietz Approve Contracts with the State of Public Works Minnesota for ICWC program Requested Action Move to: Adopt resolution approving two separate contracts with the State of Minnesota for the Institution Community Work Crew(ICWC) as follows: • In the amount of$123,768 for the period beginning July 1, 2011 and ending June 30, 2013 (3 day per week, year round contract); and • In the amount of$27,504 for the period beginning April 1, 2011 and ending November 30, 2012 (1 day per week, seasonal April 1 to November 30). Synopsis The City of Eden Prairie has contracted with the State of Minnesota for the ICWC program since 1996. This has been a very cost-effective staffing alternative to meet seasonal peak demand as well as routine projects that supplements our staffing levels during the off seasons. Staff recommends approval of the 2 year renewal for both the year-round and seasonal contracts. Background Information In 1996, when we began to utilize the ICWC program, we contracted for two days per week. In 2001, we increased the contract to three 10-hour work days per week. In addition to this 3 day per week year around program, we also added a fourth day on a seasonal basis—April through November—in 2008 by separate agreement. Typically, we receive up to ten (10) offender crewmembers and a crew leader for each of the work days. The program is set up to pay the salary and benefits for the crew leader, communications equipment, modest supplies and travel costs. The year-round contract for the next two-year period is being increased by approximately 2.2% and a 4.25 % increase for the seasonal contract, but still represents a tremendous value for the City. 67% of this cost is budgeted for in the Street Division and 33% in the Utilities Enterprise Fund. The ICWC program has become an integral part of our staffing plan and staff recommends that the contracts be approved for an additional two years. Attachments • 2-State of Minnesota Income Contracts (year-round and seasonal) • Resolution Income Contract No. (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota,acting through its commissioner of corrections, Institution Community Work Crew Program("State"), and the City of Eden Prairie, 15150 Technology Drive, Eden Prairie, Minnesota 55344("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew(ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1, 2011, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2013, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 State's Duties The State will: A. Provide a supervisor crew leader(s)and up to ten(10) offender crewmembers that the crew leader will supervise during three(3) 10-hour work days per week, including the hours crew leaders spend for daily preparation, communication and travel. The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser's Authorized Representative or designee. B. Train each work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements. Purchaser agrees that the state has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. C. Provide required personal safety equipment and clothing needed for specific work. D. Screen projects to ensure that they appropriate staff are assigned. E. Submit reports to the Purchaser upon request within sixty(60)days of the end of each quarter. 3 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: Payment shall be made by the Purchaser to the State in the amount of thirty thousand nine hundred forty- two and 00/100 dollars ($30,942.00)on August 1, 2011, thirty thousand nine hundred forty-two and 00/100 dollars ($30,942.00)on January 1, 2012, thirty thousand nine hundred forty-two and 000/100 dollars ($30,942.00)on August 1, 2012 and, thirty thousand nine hundred forty-two and 000/100 dollars ($30,942.00)on January 1, 2013. Any overtime hours will be billed at the rate of sixty-seven and 50/100 dollars ($67.50 per hour). The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is one hundred twenty three thousand seven hundred sixty-eight and 00/100 dollars ($123,768.00), plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser's share includes time scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. Revised 9/02 4 Authorized Representatives The State's Authorized Representative is Mark J. Siemers,ICWC District Supervisor, or his successor. The Purchaser's Authorized Representative is Doug Ernst, Supervisor, City of Eden Prairie, or his successor. 5 Amendments,Waiver, and Contract Complete 5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 5.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral,may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. 7 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05, subd. 5,the Purchaser's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the.State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 10 Governing Law,Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this contract.Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. Revised 9/02 1.PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority By Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit—Original(fully executed)contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration—Materials Management Division Revised 9/02 Income Contract No. (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota,acting through its commissioner of corrections, Institution Community Work Crew Program("State"), and the City of Eden Prairie, 15150 Technology Drive, Eden Prairie, Minnesota 55344 ("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew(ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: April 1, 2011,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date:November 30,2012,or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 State's Duties The State will: 2.1 Provide a supervisor crew leader(s)and up to ten(10)offender crewmembers that the crew leader will supervise during one(1) 10-hour work day per week from April 1 through November 30 each year of this contract, including the hours crew leaders spend for daily preparation, communication and travel. The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser's Authorized Representative or designee. 2.2 In coordination with the Purchaser,train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal, state and local agency requirements. Purchaser agrees that the state has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that appropriate staff are assigned. 2.5 Submit reports to the Purchaser upon request within sixty(60)days of the end of each quarter. 3 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: Payment shall be made by the Purchaser to the State in the amount of six thousand eight hundred seventy- six and 00/100 dollars($6,876.00)on June 1, 2011, six thousand eight hundred seventy-six and 00/100 dollars($6,876.00)on September 1, 2011, six thousand eight hundred seventy-six and 00/100 dollars ($6,876.00)on June 1, 2012 and,six thousand eight hundred seventy-six and 00/100 dollars ($6,876.00)on September 1, 2012. Any overtime hours will be billed at the rate of sixty-seven and 50/100 dollars ($67.50)per hour. The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is twenty seven thousand five hundred four and 00/100 dollars ($27,504.00), plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser's share includes time scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. Revised 9/02 4 Authorized Representatives The State's Authorized Representative is Mark J. Siemers, ICWC District Supervisor, or his/her successor. The Purchaser's Authorized Representative is Doug Ernst, Supervisor,City of Eden Prairie, or his/her successor. 5 Amendments,Waiver, and Contract Complete 5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract,or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 5.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. 7 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13,as it applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05, subd. 5,the Purchaser's books,records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 10 Governing Law,Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this contract.Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. Revised 9/02 1.PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority By Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit—Original(fully executed)contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration—Materials Management Division Revised 9/02 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2011- _ RESOLUTION APPROVING CONTRACTS WITH STATE OF MINNESOTA FOR ICWC PROGRAM WHEREAS, the State of Minnesota has prepared two, 2-year contracts to provide ICWC program services to the City of Eden Prairie; and WHEREAS, the City of Eden Prairie desires to continue a long standing relationship with the ICWC program. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into Contracts with the State of Minnesota in the name of the City of Eden Prairie for the Institution Community Work Crew program as follows: • A seasonal contract for(1) 10-hour day per week from April 1 through November 30 for the period beginning April 1, 2011 and expiring November 30,2012; and • A year-round(3) 10-hour day per week contract beginning April 1, 2011 and expiring on June 30, 2013. ADOPTED by the Eden Prairie City Council on March 15, 2011. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of • Resolution relating to issuance of VIII. J&K the City Manager/Finance $1,260,000 Taxable General Obligation Water& Sewer Revenue Bonds, Series 2011A • Resolution relating to issuance of $3,735,000 General Obligation Bonds, Series 2011B Requested Actions • Move to: Adopt a resolution relating to the issuance of$1,260,000 Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A • Move to: Adopt a resolution relating to the issuance of$3,735,000 General Obligation Bonds, Series 2011B Synopsis The purpose of the issuance of the bonds is to finance the capital needs of the water and sewer utility and to finance the purchase of Fire SCBA equipment. $ Background Information The 2011A bonds are to finance first phase of the replacement of the water plant roof The 2001B bonds are to finance improvements for the water and sewer operations including water treatment plant facility process and control upgrades. Equipment includes a backhoe and vactor. The issuance also includes $415,000 to finance the purchase of SCBA gear for Fire that was paid for in 2009. Attachments Resolutions CERTIFICATION OF MINUTES RELATING TO $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held March 15, 2011, at 7:00 o'clock P.M., at the municipal offices in Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A I, the undersigned, be ing the dul y qu alified and a cting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said c orporation i n m y 1 egal c ustody, from which t hey h ave b een t ranscribed; t hat s aid documents are a correct and complete transcript of the minutes of a meeting of the governing body of s aid c orporation, and c orrect and c omplete copies of all resolutions and other a ctions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on March , 2011. City Clerk It was reported that proposals for the purchase of$1,260,000 Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A were received prior to 11:30 o'clock a.m., Central time, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Northland Securities, Inc., independent financial advisor to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the "City"), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This City Council,by resolution duly adopted on February 15, 2011, authorized the issuance and sale of its Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A (the"Bonds"), in the principal amount of$1,260,000, pursuant to Minnesota Statutes, Sections 444.075 and 115.46 and Chapter 475, to finance infrastructure projects in the City(the "Projects") including improvements to the City's municipal water and sewer utility systems (collectively, the "Systems"). 1.02. Sale. The City has retained Northland Securities, Inc. as independent financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, Inc., sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in , (the "Purchaser") to purchase the Bonds at a price of$ plus accrued interest on all Bonds to the date of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed on behalf of the City to execute a contract for the sale of the Bonds with the Purchaser in accordance with the Notice of Sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2011 $125,000 % 2016 $125,000 % 2012 115,000 2017 130,000 2013 115,000 2018 130,000 2014 120,000 2019 135,000 2015 120,000 2020 145,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof,principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1, 2011, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month immediately preceding the Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. (a) No Optional Redemption. The Bonds shall not be subject to optional redemption prior to their stated maturity dates. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] (b) Mandatory Redemption of Term Bonds. [Bonds maturing on December 1, 20_and 20_(the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued 2 thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20_. Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20_. The City Manager shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty(30) and not more than sixty(60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register described in Section 2.06 hereof,provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding.] 2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank, National Association, in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent(the "Registrar"). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the 3 Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. 4 (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale theretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 5 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean,whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede &Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York,New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e)hereof. 6 (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e)hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: [Remainder of page intentionally left blank.] 7 UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDEN PRAIRIE TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BOND, SERIES 2011A No. R- $ Interest Rate Maturity Date Date of Original Issue CUSIP No. % December 1, 20_ April 1, 2011 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, Minnesota(the "City") acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined)to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 2011 (each such date, an "Interest Payment Date"), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank, National Association, Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein(the "Registrar") or other agreed-upon means of payment by the Registrar or its designated successor. This Bond is one of an issue (the "Bonds") in the aggregate principal amount of $1,260,000 issued pursuant to a resolution adopted by the City Council on March 15, 2011 (the "Resolution"), to finance certain improvements to the City's water and sewer utilities (the "Systems"), and is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Sections 444.075 and 115.46 and Chapter 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of$5,000 or any integral multiple thereof, of single maturities. 8 The Bonds shall not be subject to optional redemption prior to their stated maturity dates. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20_and 20_shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount $ $ The City shall cause notice of the call for redemption thereof to be published if and to the extent required by law, and at least thirty(30) and not more than sixty(60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail (or, if applicable,provided in accordance with the operational arrangements of the securities depository), to the registered holders of any Bonds, at the holders' addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of 9 receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to collect and apply to payment of the Bonds certain net revenues of the Systems, which revenues are estimated to be collectible in years and amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated such revenues to its Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the improvements financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, charter or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Manager. CITY OF EDEN PRAIRIE, MINNESOTA (facsimile signature—City Manager) (facsimile signature—Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. 10 Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be 11 determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. USE OF PROCEEDS. The City hereby establishes the Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A Construction Fund(the "Construction Fund") as a separate bookkeeping account on its books and records. The proceeds of the Bonds received by the City, exclusive of unused discount,pre-issuance accrued interest and capitalized interest, if any, shall be deposited in the Construction Fund and used to pay costs of the Projects or such other improvements as proceeds of the Bonds are authorized to be applied to under Minnesota Statutes, Chapters 444 and 475. The moneys in the Construction Fund will be disbursed by the City, in accordance with this Resolution and the City's normal procedures, to pay(or reimburse the City for) the costs of the Projects, including the issuance costs of the Bonds. At such time as the Projects or such other improvements as proceeds of the Bonds are authorized to be applied to under Minnesota Statutes, Chapters 444 and 475 are completed the City shall transfer any remaining balance in the Construction Fund to the Bond Fund described in Section 4 hereof. SECTION 4. TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A BOND FUND. So long as any of the Bonds are outstanding and any principal or interest thereon unpaid, the City Manager shall maintain on the official books and records of the City a separate fund designated the Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A Bond Fund(the "Bond Fund"). Into the Bond Fund shall be paid (a)the amounts specified in Section 3 above, (b) any amount in excess of the amounts credited to the Construction Fund as provided in Section 3 hereof received from the Purchaser upon delivery of the Bonds, (c) the net revenues described in Section 5 hereof, (d) any taxes collected pursuant to Section 6 hereof, and(e) any other funds appropriated by the City Council for the payment of the Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The City Council also covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to pay any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in(b) above. Thereafter, 12 during each Bond Year(i.e., each twelve month period commencing on December 2 and ending on the following December 1), as monies are received into the Bond Fund, the City Manager shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. SECTION 5. PLEDGE OF NET REVENUES. It is hereby found, determined and declared that the City owns and operates each System as a revenue-producing utility and convenience; and that the net operating revenues of each System, after deducting from the gross receipts derived from charges for the service, use and availability of such System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Bonds herein authorized, and on any other bonds to which such revenues are pledged. Pursuant to Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are discharged as provided in Section 7 or paid in full, the City will impose and collect reasonable charges in accordance with said Section 444.075 for the service, use and availability of the Systems according to schedules sufficient to produce net revenues sufficient, with other funds pledged to payment of the Bonds, to pay the Bonds and any other bonds to which said net revenues have been pledged; and the net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds herein authorized and interest thereon when due. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the Systems for payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Systems will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds and such additional obligations. Such further pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, it is presently estimated that the net revenues of the Systems, together with other funds to be appropriated by the City to the Bond Fund, will produce amounts not less than five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds and therefore no ad valorem taxes are required to be levied at this time. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the registered 13 owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity. If such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation, if the interest on the Bonds were intended to be tax- exempt, and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates. SECTION 8. CONTINUING DISCLOSURE. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(ii) is treated as the owner of the Bond for federal income tax purposes. 14 (b) Information To Be Disclosed. The City will provide, in the manner set forth below, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2010, the following financial information and operating data in respect of the City(the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board("MSRB"). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be described in paragraph (2) hereof, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended 15 as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events: (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final de terminations of t axability,N otices of P roposed Issue ( IRS Form 5701-TEB) o r other material n otices o r determinations with respect to the to x status o f th e B onds, o r o ther ma terial e vents a ffecting th e tax s tatus o f th e Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event of the obligated person; (M) The co nsummation of a m erger, c onsolidation, or a cquisition i nvolving the obligated pe rson or t he s ale of a 11 or s ubstantially all of t he a ssets of t he obligated person, other than in the ordinary course of business, the entry into a definitive a greement t o unde rtake s uch an a ction or t he t ermination of a definitive a greement r elating t o a ny s uch a ctions, of her t han pur suant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change o f name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in(L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an 16 obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection(c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. 17 (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor, together with such additional information as the County Auditor may require, and to obtain from the County Auditor a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor's bond register. 9.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 18 9.03. Official Statement. The Official Statement relating to the Bonds, dated February 24, 2011, prepared and distributed by Northland Securities, Inc., the financial advisor for the City, is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the City to prepare and deliver to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2011. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk 19 CERTIFICATE OF HENNEPIN COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY The undersigned,being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 15, 2011, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$1,260,000 Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A, dated as of April 1, 2011. I further certify that the issue has been entered on my bond register as required by Minnesota Statutes, Sections 475.62 and 475.63. WITNESS my hand officially this day of , 2011. Hennepin County Auditor (SEAL) CERTIFICATION OF MINUTES RELATING TO $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held March 15, 2011, at 7:00 o'clock P.M., at the municipal offices in Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B I, the undersigned, be ing the dul y qu alified and a cting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said c orporation i n m y 1 egal c ustody, from which t hey h ave b een t ranscribed; t hat s aid documents are a co rrect and complete transcript o f the minutes of a meeting of the governing body of s aid c orporation, and c orrect and c omplete copies of all resolutions and other a ctions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on March , 2011. City Clerk It was reported that proposals for the purchase of$3,735,000 General Obligation Bonds, Series 2011B were received prior to 11:30 o'clock a.m., Central time, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Northland Securities, Inc., independent financial advisor to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This City Council,by resolution duly adopted on February 15, 2011, authorized the issuance and sale of its General Obligation Bonds, Series 2011B (the "Bonds") in the principal amount of$3,735,000,pursuant to Minnesota Statutes, Chapters 444 and 475 and Sections 115.46 and 412.301, to finance certain improvements to the City's water and sewer utilities (the "Systems") and the acquisition of certain items of equipment for the City's fire department. The portion of the Bonds ($ ) that is being issued pursuant to Minnesota Statutes, Section 412.301 and Chapter 475 (the "Capital Equipment Portion")will be used to finance the acquisition of SCBA fire fighting equipment(the "Capital Equipment"). Said items of Capital Equipment have a useful life not less than the term of the Capital Equipment Portion of the Bonds. The principal amount of the Capital Equipment Portion of the Bonds does not exceed 0.25 percent of the market value of taxable property in the City. The portion of the Bonds ($ )that is being issued pursuant to Minnesota Statutes, Sections 444.075 and 115.46 and Chapter 475 (the "Utility Portion") will be used to finance certain water system improvements and sewer system equipment and improvements (the "Utility Projects"; and together with the Capital Equipment, the "Projects"). Maturity schedules for the Capital Equipment Portion and the Utility Portion are attached hereto as Exhibit A. 1.02. Sale. The City has retained Northland Securities, Inc. as independent financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, Inc., financial advisor to the City, sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in , (the"Purchaser"), to purchase the Bonds at a price of$ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Notice of Sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of April 1, 2011, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2011 $330,000 % 2016 $415,000 % 2012 390,000 2017 335,000 2013 395,000 2018 345,000 2014 405,000 2019 350,000 2015 410,000 2020 360,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1, 2011, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month immediately preceding the Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. Bonds maturing in 2018 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and,within a maturity, by lot as selected by the Registrar 4 (or, if applicable, by the securities depository in accordance with its customary procedures) in multiples of$5,000, on December 1, 2017, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published if and as required by law and, at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof,provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on December 1, 20_and 20_(the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20_. Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20_. Notice of redemption shall be given as provided in the preceding paragraph.] 5 2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,National Association, in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent(the "Registrar"). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. 6 (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of 7 authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale theretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean,whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York,New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or 8 sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e)hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph(e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or City Manager, if not previously filed, is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b) or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: [Remainder of page intentionally left blank] 9 UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDEN PRAIRIE GENERAL OBLIGATION BOND, SERIES 2011B No. R- $ Interest Rate Maturity Date Date of Original Issue CUSIP No. % December 1, 20_ April 1, 2011 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF EDEN PRAIRIE, Minnesota(the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined)to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 2011 (each such date, an"Interest Payment Date"), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank,National Association, in Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent (the "Registrar"), or its successor designated under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the "Bonds") in the aggregate principal amount of $3,735,000 issued pursuant to a resolution adopted by the City Council on March 15, 2011 (the "Resolution"), to finance certain improvements to the City's water and sewer utilities (the "Systems") and the acquisition of certain items of equipment for the City's fire department, and is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 444 and 475 and Sections 115.46 and 412.301. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in denominations of$5,000 or any multiple thereof, of single maturities. Bonds maturing in 2018 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar(or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000 as to Bonds maturing on the same date, on December 1, 2017, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City Manager will cause notice of the call for redemption thereof to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call for redemption to be mailed by first class mail (or, if applicable,provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20_and 20_shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and 11 maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof the City has by the Resolution covenanted and agreed to collect and apply to payment of the Bonds certain net revenues of the Systems and ad valorem taxes levied on all taxable property in the City, which revenues and taxes are estimated to be collectible in years and amounts sufficient, with other sources pledged to the payment thereof, to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated such revenues and taxes and other sources to its General Obligation Bonds, Series 2011B Bond Fund for the payment of principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the improvements financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, charter or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Manager. CITY OF EDEN PRAIRIE, MINNESOTA 12 (facsimile signature— City Manager) (facsimile signature—Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every 13 particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other"signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of form of bond] SECTION 3. USE OF PROCEEDS. There is hereby established on the official books and records of the City a General Obligation Bonds, Series 2011B Construction Fund(the "Construction Fund"). The proceeds of the Bonds received by the City, exclusive of unused discount, pre-issuance accrued interest and capitalized interest, if any, shall be deposited in the Construction Fund and used to pay costs of the Projects or such other improvements as proceeds of the Bonds are authorized to be applied to under Minnesota Statutes, Chapters 444 and 475 and Section 412.301. The moneys in the Construction Fund will be disbursed by the City, in accordance with this Resolution and the City's normal procedures, to pay(or reimburse the City for) the costs of the Projects, including the issuance costs of the Bonds. Within the Construction Fund are established the following accounts: (a) Equipment Account. The Equipment Account shall be credited with $ from the proceeds of the Bonds, an amount equal to the estimated cost of the Capital Equipment. All proceeds of the Bonds deposited in the Equipment Account will be expended solely for the payment of the costs of the Capital Equipment. The City Manager shall maintain the Equipment Account until all costs and expenses incurred by the City in connection with the acquisition of the Capital Equipment have been paid. (b) Utility Construction Account. The Utility Construction Account shall be credited with$ from the proceeds of the Bonds, an amount equal to the estimated cost of the Utility Projects. All proceeds of the Bonds deposited in the Utility Construction Account will be expended solely for the payment of the costs of the Utility Projects. The City Manager shall maintain the Utility Construction Account until all costs and expenses incurred by the City in connection with the construction of the Utility Projects have been paid. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion 14 that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. SECTION 4. GENERAL OBLIGATION BONDS, SERIES 2011B BOND FUND. So long as any of the Bonds are outstanding and any principal or interest thereon unpaid, the City Manager shall maintain on the official books and records of the City a separate fund designated the General Obligation Bonds, Series 2011B Bond Fund(the "Bond Fund"). Into the Bond Fund shall be paid(a) the amounts specified in Section 3 above, (b) any amount in excess of the amounts credited to the Construction Fund as provided in Section 3 hereof received from the Purchaser upon delivery of the Bonds, (c) the net revenues described in Section 5 hereof; (d) any taxes collected pursuant to Section 6 hereof, and(e) any other funds appropriated by the City Council for the payment of the Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The City Council also covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to pay any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. On or before each principal and interest payment date for the Bonds, the City Manager is directed to remit to the Registrar from funds on deposit in the Bond Fund the amount needed to pay principal and interest on the Bonds on the next succeeding principal and interest payment date. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in(b) above. Thereafter, during each Bond Year(i.e., each twelve month period commencing on December 2 and ending on the following December 1), as monies are received into the Bond Fund, the City Manager shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. SECTION 5. PLEDGE OF NET REVENUES. It is hereby found, determined and declared that the City owns and operates each System as a revenue-producing utility and convenience; and that the net operating revenues of each System, after deducting from the gross receipts derived from charges for the service,use and availability of such System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Bonds herein authorized, and on any other bonds to which such revenues are pledged. 15 Pursuant to Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are discharged as provided in Section 7 or paid in full, the City will impose and collect reasonable charges in accordance with said Section 444.075 for the service, use and availability of the Systems according to schedules sufficient to produce net revenues sufficient, with other funds pledged to payment of the Bonds, to pay the Bonds and any other bonds to which said net revenues have been pledged; and the net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds herein authorized and interest thereon when due. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the Systems for payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Systems will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds and such additional obligations. Such further pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached levy calculation The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due,provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so 16 deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 8.01. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the "Code") and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all affirmative actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and applicable Regulations. The City represents and covenants that all improvements financed from the proceeds of the Bonds are and will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City has not and will not enter into any lease, management contract, operating agreement,use agreement, capacity agreement or other contract relating to the use, operation or maintenance of the City facilities financed by the Bonds which would cause the Bonds to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. 8.02. Arbitrage Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds"within the meaning of the Code and the applicable Regulations. 8.03. Arbitrage Rebate Exemption. It is hereby found that the City has general taxing powers, that no Bond is a"private activity bond"within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2011 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 17 If notwithstanding the provisions of the immediately preceding paragraph, the arbitrage rebate provisions of Section 148(f) of the Code apply to the Bonds, the City hereby covenants and agrees to make the determinations, retain records and rebate to the United States the amounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 8.04. Qualified Tax-Exempt Obligations. The Bonds are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and the City hereby finds that the reasonably anticipated amount of tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2011 does not exceed$10,000,000. 8.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the equipment which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply(i) with respect to certain de minimis expenditures, if any, with respect to the equipment meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii)with respect to "preliminary expenditures" for the equipment as defined in Section 1.150- 2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 8.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which(i)has the power, directly or indirectly, to vote or consent with 18 respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth below, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2010, the following financial information and operating data in respect of the City(the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board("MSRB"). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such 19 replacement operations would be described in paragraph (2) hereof, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection(d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events: (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the security or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership, or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving the obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material"if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of 20 applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in(L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection(b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange 21 Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section(and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration and Levy of Taxes. The City Manager is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor, together with such additional information as the County Auditor may require, and to obtain from the County Auditor a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor's bond register. 9.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 22 9.03. Official Statement. The Official Statement relating to the Bonds, dated February 24, 2011, prepared and distributed by Northland Securities, Inc., the financial advisor for the City, is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the City to prepare and deliver to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2011. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk 23 APPENDIX A Tax Levy Computation Levy Year Collect Year Levy 2011 2012 $ 2012 2013 2013 2014 2014 2015 2015 2016 Maturity Schedule Equipment Utility Portion Year Portion (Water) (Sewer) 2011 -- $245,000 $85,000 2012 $80,000 230,000 80,000 2013 80,000 235,000 80,000 2014 85,000 235,000 85,000 2015 85,000 240,000 85,000 2016 85,000 245,000 85,000 2017 -- 245,000 90,000 2018 -- 255,000 90,000 2019 -- 260,000 90,000 2020 -- 265,000 95,000 TOTAL $415,000 $2,455,000 $865,000 CERTIFICATE OF HENNEPIN COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY The undersigned,being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 15, 2011, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$3,735,000 General Obligation Bonds, Series 2011B, dated as of April 1, 2011, and levying taxes for the payment thereof. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand officially this day of , 2011. Hennepin County Auditor (SEAL) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. VIII.L. Community Development: Resolution Establishing a Public Hearing Janet Jeremiah May 3, 2011 to Consider Amending Summit David Lindahl Place Senior Housing TIF District#15 Requested Action: Move to: Adopt Resolution calling for a public hearing May 3,2011 to consider modifications to Tax Increment Financing (TIF)District#15 —Summit Place Senior Apartments. Synopsis: Summit Place is adding an 80-unit building to their existing campus that will serve seniors requiring higher levels of services and the owners are asking the City to consider several amendments to the existing TIF district. The changes require a public hearing which will be set for May 3, 2011. Details of the amendments will be presented at that time. Background: Summit Place is a 320 unit senior rental project located at Flying Cloud Drive and Fountain Place Road immediately south of the Eden Prairie Center. The project is part of a Tax Increment Financing(TIF) district created in 1999 to help subsidize 20% of the total units for seniors with incomes below 50% of the median income for the metro area. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO.2011- RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND THE PROPOSED MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15. BE IT RESOLVED by the City Council (the "Council") for the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on May 3, 2011, at approximately 7:00 P.M., to hold a public hearing on the proposed modification to the Redevelopment Plan for Redevelopment Project Area No. 5, and the proposed modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 15, all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Redevelopment Plan, and TIF Plan. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, and a modification to the Tax Increment Financing Plan for the Tax Increment Financing District No. 15 and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 272. The City Clerk is authorized and directed to cause notice of the hearing,together with an appropriate map as required by law,to be published at least once in the official newspaper of the City not later than 10,nor more than 30, days prior to May 3, 2011, and to place a copy of the modifications to the Redevelopment Plan and TIF Plan on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. ADOPTED by the Eden Prairie City Council on the 15`h day of March, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rob Reynolds, Chief Police Accept Extension of 2009 Homeland Police Security Grant for the amount of $86,700 Requested Action Move to: Accept the extension of 2009 Homeland Security Grant#2009-MNJAC-00379 for the amount of$86,700. Synopsis The City of Eden Prairie was been awarded a 2009 Homeland Security Grant for the amount of $86,700 which is set to expire March 31, 2011. The extension will grant fund usage through August 31, 2011. The grant will be used to fund a part-time contracted employee with MN Joint Analysis Center(MNJAC). Attachment Agreement MINNESOTA DEPARTMENT OF PUBLIC SAFETY Nc OF P( e</C Homeland Management . t 444 Cedar Street • Suite 223 • Saint Paul , Minnesota 55101 - 6223 Phone : 651 - 201 - 7400 • Fax : 651 - 296 -0459 • TTY: 651 - 282- 6555 sTgT� o P N�so www .dps . statemn .us www .dps . staten .us F MIN March 10 , 2011 Sonja RitchieRoy Eden Prairie City of Alcohol and Gambling 8080 Mitchell Road Enforcement Eden Prairie , Minnesota 55344 Bureau of Criminal Re : Grant # 2009 - HSGP - 00379 Apprehension 2008 Homeland Security Grant Program Driver and Vehicle Services Emergency Dear Mr . RitchieRoy : Communication Networks Enclosed please find Amendment # 1 to 2008 Homeland SecurityGrant extending g Homeland the expiration date to August 31 , 2011 . Security and Emergency Management Enclosed are three copies of the amendment for signature . Please have the Minnesota authorized official of your agency with the legal authority to sign grant contracts sign State Patrol each of the three copies . I have enclosed a copy of original grant signature page for your Office of reference . Please return all three copies to : Communications Office of Kathy Gaida Justice Programs Minnesota Homeland Security & Emergency Management g Y g Office of 444 Cedar Street Suite 223 Pipeline Safety St Paul , Minnesota 55101 Office of Traffic Safety State If you have any questions , please contact me by phone at 651 -201 - 7422 , or b e - Fire Marshal Y mail at kathleen . gaida cx state . mn . us , thank you . Sincerely , 111 /9 (74 /7 4-71,0 Grants Specialist * HSEMer Enclosures H-ttijSrnrtyan! E.:.tr5IcgYsty'e?t.-.t EQUAL OPPORTUNITY EMPLOYER • . . PLEASE READ - IMPORTANT SIGNATURE REQUIREMENTS C� REMENTS Legal authority for signing contracts for cities and counties is identified in statute . If not signed by the office/official (s) identified in statute, the authority maybe delegated byresolution g from the city council or county board . If a resolution delegates to more than oneperson and if the word " and "individuals nd is used between the names, then all named individuals must sip. . If a resolution uses the " or" b wordbetween the names , then either individual may sign the contract. • Statutory Cities : MS . 412 . 201 Execution of instruments "Every . contract, conveyance , license or other written instrument shall be executed on • behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council . " • hops : //w w. revisor. Ieg. state .mn . us/statutes/?id=412 . 201 • - Home Rule Charter Cities : MS 410 . . Minnea olis St . and p Paul � Duluth are the three Home Rule Charter Cities , sometimes referred to as " Cities of the First Class " . All three cities pass resolutions that name an office/official (s) as authorized to sign a contract . • County Board : MS . 375 . 13 Chair "The county board, at its first session in each year, shall elect from its s members a chair - and a vice -:chair. The chair shall preside at its meetings and i sign all documents requiring q nnb signature on its behalf. The chair ' s signature, attested by the clerk of the county board shall be binding as the signature of the board . In case of the absence or incapacity of the • ty - p • . chair, the vice- chair shall perform the chair ' s duties . If the chair or the vice- chair are absent from any meeting, all documents requiring the signature of the board shall be signed by a majority of it and attested by the clerk. " • https ://www. revisor. legestate . mmus/statutes/?id=375 . 13 I - • •. 6 S 1 . . . : , =,., D Y , _ . _ ... L1 Jr- 1 { ,. : , I } f qj ; _ ; nt Page 2 of 2 \cc ___.:59- Grantee after the Grantee presents an invoice for the services actually performed and the State ' s Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines . Payment will not be made if the Grantee has not satisfied reporting requirements . Certification Regarding Lobbying. (If applicable . ) Grantees receiving federal funds over $ 100, 000 . 00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee . I . ENCUMBRANCE VERIFICATION 3 . STATE AGENCY r Individual certi f ethia i itiat i zlk. e .7 � ;_� 6/ l f t required by Mi n. ez ye r Ng ! 6C _ i By :pED (with delega y MR , CIO H Signed: I Title : Date : OCT 1 2009 Date : q 1 if? I 1 N , Grant Agreement o. 2 9-HSGP-00379 / 2000- 1317 IT 'ma_: rs a�—�,<_:_: t �a� � y_MARY ERICKSON 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed th - gra . agreernen n behalf of the Grantee as required by a :plici Ile • r icle - .ylaw resolutions, or ordinances. By : Title : /I or r Date : ...._ , , , , By : - � J t ' - - . - __ rT T '"j: `- / - - Distribution: DPS/FAS Title : if d- ii,_,/i_ I A"r Grantee State ' s Authorized Representative Date : I , 1 49;02/50 DPS Grant Agreement non-state (09/08) �c11 Grant Agreement Amendment Page 1 of 1 el 0f Minnesota Department of Public Safety ("State") Grant Program : Homeland Security and Emergency Management Division HSEM Homeland Security Grant Program 2008 444 Cedar Street, Suite 223 St Paul , Minnesota 55101 - 6233 Grant Agreement No . : 2009 -HSGP-00379 Grant Amendment No . : 1 Grantee : Grant Agreement Term : City of Eden Prairie Effective Date : 9/ 1 /2008 . 8080 Mitchell Road Expiration Date : 3 /31 /2011 8/31 /2011 Eden Prairie, Minnesota 55344 Grant Matching Requirement : Grantee Agreement Amount : Original Agreement Amount $ 0 . 00 Original Agreement Amount $ 86, 700 . 00 Previous Amendment(s) Total $ 0 . 00 Previous Amendment(s) Total $ 0 . 00 Current Amendment Amount $ 0 . 00 Current Amendment Amount $ 0 . 00 Total Agreement Amount $0 . 00 Total Agreement Amount $ 86 , 700 . 00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference . 1 . ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Atinn. Stat. §§ 16A. 15 and 16C. 05. By : (with delegated authority) Signed : Title : Date: Date : Grant Agreement No . 2009-HSGP-00379 / 2000- 1 3 1 73 2 . GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By : i Title: Date : By: Distribution : DPS/FAS Title : Grantee State ' s Authorized Representative Date : DPS Grant Agreement Amendment (09/08) i of ,,A7.r, „, Grant Agreement Amendment Page 1 of 1 Minnesota Department of Public Safety (" State") Grant Program : Homeland Security and Emergency Management Division HSEM Homeland Security Grant Program 2008 444 Cedar Street, Suite 223 St Paul , Minnesota 55101 - 6233 Grant Agreement No. : 2009-HSGP-00379 Grant Amendment No . : 1 Grantee : Grant Agreement Term : City of Eden Prairie Effective Date : 9/ 1 /2008 8080 Mitchell Road Expiration Date : 3 /31 /2011 8/31 /2011 Eden Prairie, Minnesota 55344 Grant Matching Requirement : Grantee Agreement Amount : Original Agreement Amount $ 0 . 00 Original Agreement Amount $ 86, 700 . 00 Previous Amendment(s) Total $ 0 . 00 Previous Amendment(s) Total $ 0 . 00 Current Amendment Amount $ 0 . 00 Current Amendment Amount $ 0 . 00 Total Agreement Amount $ 0 . 00 Total Agreement Amount $ 86, 700 . 00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference . 1 . ENCUMBRANCE VERIFICATION 3 . STATE AGENCY Individual certifies that finds have been encumbered as required by Minn. Stat §§ 16A. 15 and 16C. 05. By: (with delegated authority) Signed : Title : Date : Date: Grant Agreement No. 2009-HSGP-00379 / 2000- 13173 2. GRANTEE The Grantee certifies that the appropriate person(s) - have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: 1 Title : Date : By: Distribution: DPS/FAS Title: Grantee State ' s Authorized Representative Date: DPS Grant Agreement Amendment (09/08) i• rV Grant Agreement Amendment Page 1 of 1 Minnesota Department of Public Safety (" State") Grant Program : Homeland Security and Emergency Management Division HSEM Homeland Security Grant Program 2008 444 Cedar Street, Suite 223 St Paul, Minnesota 55101 - 6233 Grant Agreement No. : 2009-HSGP-00379 Grant Amendment No . : 1 Grantee : Grant Agreement Term : City of Eden Prairie Effective Date : 9/ 1 /2008 8080 Mitchell Road Expiration Date: 3 /31 /2011 8/31 /2011 Eden Prairie, Minnesota 55344 Grant Matching Requirement: Grantee Agreement Amount : Original Agreement Amount $ 0 . 00 Original Agreement Amount $ 86, 700 . 00 Previous Amendment(s) Total $ 0 . 00 Previous Amendment(s) Total $ 0 . 00 Current Amendment Amount $ 0 . 00 Current Amendment Amount $ 0 . 00 Total Agreement Amount $ 0 . 00 Total Agreement Amount $ 86, 700 . 00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference . 1 . ENCUMBRANCE VERIFICATION 3 . STATE AGENCY Individual certifies that finds have been encumbered as required by Minn. Stat. §§ 16A. 15 and 16C. 05. By: (with delegated authority) Signed : Title : Date : Date : Grant Agreement No. 2009-HSGP-00379 / 2000- 13173 2. GRANTEE The Grantee certifies that the appropriate person(s)have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: . Date : By: Distribution: DPS/FAS Title : Grantee State ' s Authorized Representative Date: DPS Grant Agreement Amendment (09/08) CITY COUNCIL AGENDA DATE: March 15, 2011 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community The Ridge at Riley Creek 4th Addition Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on .65 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres; and • Adopt the Resolution for Preliminary Plat on .65 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is for a two lot single-family development. The plan meets the requirements of the R 1-13.5 zoning district. Background Information The 120-Day Review Period Expires on May 23, 2011 Planning Commission Recommendation The Planning Commission meeting is March 14, 2011. Staff will bring the commission recommendation to the City Council meeting. Attachments 1. Resolution PUD Concept 2. Resolution Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Neighborhood notice letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF RIDGE AT RILEY CREEK 4TH ADDITION FOR JMS CUSTOM HOMES,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on March 14, 2011, on Ridge at Riley Creek 4th Addition by JMS Custom Homes, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on March 15, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Ridge at Riley Creek 4th Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated February 10, 2011. 3. That the PUD Concept meets the recommendations of the Planning Commission March 14, 2011. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2011 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (RIDGE AT RILEY CREEK 4TH ADDITION) Legal Description: Lot 1, Block 4 THE RIDGE AT RILEY CREEK 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION APPROVING THE PRELIMINARY PLAT OF RIDGE AT RILEY CREEK 4TH ADDITION FOR JMS CUSTOM HOMES,LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Ridge at Riley Creek 4th Addition for JMS Custom Homes, LLC stamp dated February 10, 2011, and consisting of 0.65 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of March, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: March 11, 2011 SUBJECT: The Ridge at Riley Creek 4th Addition APPLICANT/ JMS Custom Homes, LLC OWNER: LOCATION: 9707 Sky Lane 120 DAY REVIEW: May 23, 2011 REQUEST: • Planned Unit Development Concept Review on 0.65 acres. • Planned Unit Development District Review on 0.65 acres. • Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres. • Preliminary Plat of 0.65 acres for two single family lots. Staff Report—The Ridge at Riley Creek 4th Addition March 11, 2011 Page 2 BACKGROUND This is a continued item from the February 28, 2011 Planning Commission meeting. The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2.5 units per acre. The property is zoned R1-13.5. Surrounding zoning is R1-13.5 and Rural. There is an existing house and garage located on Lot One. PRELIMINARY PLAT The proposal is to plat the property into two single-family lots. Lot one is 14,796 square feet and Lot two is 13,696 square feet, exceeding the minimum 13,500 square foot requirement. The existing house on Lot One meets the side and rear yard setbacks for the R 1-13.5 zoning district. The house pad for Lot Two meets the setback requirements for the R1-13.5 zoning district. PLANNED UNIT DEVELOPMENT This is an amendment to The Ridge at Riley Creek Planned Unit Development (PUD). The Ridge at Riley Creek was approved in 2005. 39 lots were approved for the project. Of the 39 lots 3 lots have to potential to subdivide based on lot size and lot dimensions (see attached graphic.) This proposal is a conforming subdivision. PUD waivers are not proposed as part of this subdivision. GRADING AND TREE LOSS 72 caliper inches of trees were shown on Lot 1, Block 1 for the original Ridge at Riley Creek PUD project to meet tree replacement. 7 trees or 28 caliper inches have been planted. The developer will need to provide a tree replacement plan for a total of 44 caliper inches as a condition within the development agreement. DRAINAGE AND UTILITIES Drainage will be directed into the rear yard storm sewer as indicated on the plans. City sewer and water is available to the property. FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately one mile to the east of the property. Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. All homes are located outside these zones. Staff Report—The Ridge at Riley Creek 4th Addition March 11, 2011 Page 3 Because of the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to the Ridge at Riley Creek development project. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 0.65 acres. • Planned Unit Development District Review on 0.65 acres. • Zoning District Amendment within the R 1-13.5 Zoning District on 0.65 acres. • Preliminary Plat of 0.65 acres for two single family lots. This is based on plans stamp dated February 10, 2011 the Staff Report dated March 11, 2011 and the following conditions: 1. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. B. Provide a disclosure statement to all first homeowners advising of the propose airport expansion and associated over flights. C. Pay the appropriate cash park fee. Area Location Map - Ridge at Riley Creek 4th Addition Address: 9707 Sky Lane, Eden Prairie, MN 55347 / ii ALTO WAY Stratus Court t . Cirrus Way IICIRRUS WAY I° I:, iiiii Sky Lane LI / Beverly Drive N 0 185 i 740 Feet 1 i I I I Guide Plan Map Ridge at Riley Creek 4th Addition 9707 Sky Lane, Eden Prairie, MN ), 4" / \ V , ..__ r _ . _r rh ._ __ Stratus Court it , ,Alj ou Cirrus Way _. 101 mg II go 4irt -•%_•,11, t es: , , Beverly Drive City of Eden Prairie La ' . ► se ' : : PI - Map ' 1 00- -020 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre -Community Commercial Principal Arterial 1772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' + '1 77 Medium Density residential 2.5-10 Units/Acre®Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n a Medium Density Residential/Office - Park/Open Space J DATE Revised 11-07-05 DATE Revised 06-01-07 021 —Minor Collector DATE Revised 02-23-06 DATE Revised 0-01-07 1 High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office -Church/Cemetary V/� Office/Industrial Open Water II.�_op... .o m_ ®�..a„ . .a „ar e,0® L�VE•wOB1C•QAEAM VA Office/Public/Open Space =.fight-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Ridge at Riley Creek 4th Addition 9707 Sky Lane, Eden Prairie MN i . .. • , ..._•• J ` " , ( 41 Cirrus Way 4146 -- ill IOW ., Stratus Court j I ill 10 # \---.. 4 fNip .\-. lalliSky Lane 1111111111111111 • J Beverly Drive IIIIIIIII City of : den ' r' - Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) a t . i R1-9.5 One Family-9,500 sf min. 1 Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case ofdiscrepency related to a zoningolassitmaeon on this zoning trap,the Ordinance uVE•w OKK•OREAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial _,op....,��mo..,...,ti4.. Miles %- o..o.a., ..._...1..m ,..,,m„ Project: The Ridge at Riley Creek 4th Addition — A single family plat into two lots Location: 9707 Sky Lane Owner: JMS Custom Homes, LLC March 3, 2011 Dear Resident, Enclosed are two public hearing notices: • Planning Commission meeting March 14, 2011 • City Council meeting March 15, 2011. The notices for the project did not get mailed to surrounding property owners 10 days prior to the scheduled Planning Commission public hearing on February 28th. Since this is a City and State law requirement, the City was not able to hold a valid hearing on February 28th. The Planning Commission continued the public hearing to March 14th so the surrounding property owners could be properly notified. The City Council is scheduled to hold a public hearing on the proposal on March 15th The proposal is to pl at an existing to tin to tw o s ingle-family 1 ots. Lot one i s 14,796 square feet and Lot two is 13,696 square feet. Both lots conform to City requirements for the R1-13.5 zoning district. If you have questions,please contact me at 952-949-8490 or rherron@edenprairie.org Sincerely, Regina Herron Planner II UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 14, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Lori Creamer, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Schultz called the meeting to order at 7:00 p.m. Lee and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Lechelt to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 28, 2011 MOTION by Wuttke, seconded by Kirk, to approve the minutes. Motion carried 3-0. Pitzrick and Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. RIDGE AT RILEY CREEK 4TH ADDITION by JSM Custom Homes, LLC. Request for: • Planned Unit Development Concept Review on 0.65 acres • Planned Unit Development District Review on 0.65 acres • Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres EDEN PRAIRIE PLANNING COMMISSION MINUTES February 28, 2011 Page 2 • Preliminary Plat of 0.65 acres for two single family lots The project proponent was not in attendance when the hearing was opened. The commission took a 5 minute recess to wait and see if the proponent would arrive. Commission reconvened when proponent arrived. Jeff Schoenwetter from JMS Custom Homes, LLC briefly described the project as a two lot conforming subdivision. Franzen stated the property is zoned R1-13.5 and this subdivision results in two conforming lots. The proposed building is situated on the new lot which meets front, rear, and side yard setbacks. Staff recommends approval based on the conditions on page 3 of the staff report. Pitzrick stated that Cirrus Way was built for temporary access for construction then it would be closed and never be available for future road use. He asked is that still the current situation? Franzen stated it was built for construction access to the property. There is no longer and arrangement between the developer and the Metropolitan Airports Commission(MAC)to keep it open. Construction access would have to go through Sky Lane. There are conditions with the original development agreement that if the road is no longer in use the developer would be responsible for doing overlays and fixing the road if damage occurred from construction traffic. Pitzrick stated if there is no intent for the road to continue on to Eden Prairie Road, rather than a temporary turn around, it seems now would be the time to make a permanent cul-de-sac for ease of snow plowing. Franzen commented that MAC owns the property to the east. In December 2010, the City Council and MAC entered into a memorandum of understanding for a public review process about the development of non aeronautical land for commercial or office uses. They are looking at this as a potential revenue stream by leasing property. This residential property is adjacent to one of the sites MAC is considering for office use. The possibility does exist that this road could serve the office and as another access to Cirrus Way. This may also be a benefit for property owners south of the road. Pitzrick commented as long as there are some potential other uses for this road then it makes sense to leave it as is. If it's a situation where it will be gone, then it would make sense for this lot to pay for the final configuration of a small cul-de- sac. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 5-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 28, 2011 Page 3 MOTION by Kirk, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 0.65 acres, Planned Unit Development District Review on 0.65 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres and Preliminary Plat of 0.65 acres for two single family lots. Motion carried 5-0. VII. PLANNERS' REPORT Franzen reported there are two commercial projects for the March 28th meeting. First is an expansion to Redstone Grill to add a private dining room and second an addition to Wedding Day Diamonds. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Pitzrick, seconded by Kirk, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:15 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 206195 - 206581 Wire Transfers 4137 - 4144 City of Eden Prairie Council Check Summary 3/15/2011 Division Amount Division Amount General 72,637 316 WAFTA 927 100 City Manager 500 803 Escrow Fund 2,357 101 Legislative 11,084 806 SAC Agency Fund 11,150 102 Legal Counsel 34,315 Total Agency Funds 14,434 110 City Clerk 132 111 Customer Service 5,428 807 Benefits Fund 609,081 113 Communications 8,072 812 Fleet Internal Service 51,475 114 Benefits&Training 1,250 813 IT Internal Service 65,245 130 Assessing 7,251 815 Facilites Operating ISF 50,446 131 Finance 70 816 Facilites City Center ISF 60,856 133 Planning 50 817 Facilites Comm.Center ISF 71,210 136 Public Safety Communications 4,630 Total Internal Service Funds 908,313 137 Economic Development 452 138 Community Development Admin. 593 Report Totals 2,126,480 151 Park Maintenance 6,581 153 Organized Athletics 8,170 154 Community Center 38,360 156 Youth Programs 3,309 159 Recreation Administration 5,837 160 Therapeutic Recreation 193 161 Oak Point Pool 4,165 162 Arts 500 163 Outdoor Center 630 167 CC-Youth Programs 255 168 Arts Center 1,807 180 Police 9,169 183 Emergency Preparedness 416 184 Fire 10,098 186 Inspections 782 200 Engineering 3,339 201 Street Maintenance 2,953 202 Street Lighting 1,457 Total General Funds 244,485 301 CDBG 15,531 303 Cemetary Operation 14 304 Senior Board 362 308 E-911 761 312 Recycle Rebate 75 Total Special Revenue Funds 16,742 315 Economic Development 1,875 520 Parks Referendum 18,182 521 Trails Referendum 1,037 522 Improvement Projects 2006 2,168 Total Capital Project Funds 23,262 601 Prairie Village Liquor 81,598 602 Den Road Liquor 122,306 603 Prairie View Liquor 105,541 605 Den Road Building 551 701 Water Fund 138,759 702 Sewer Fund 393,883 703 Storm Drainage Fund 76,605 Total Enterprise Funds 919,243 City of Eden Prairie Council Check Register 3/15/2011 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206308 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 206272 249,892 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4138 181,458 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 4141 127,117 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 206543 81,284 SL-SERCO Other Contracted Services Sewer Capital 206399 76,157 XCEL ENERGY Electric Flying Cloud Off Leash Park 206305 58,853 LOGIS Other Hardware IT Operating 206511 58,593 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage 206233 51,834 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 206237 36,572 CLAREYS INC Safety Supplies Fire 206515 31,685 NELSON DODGE-GMC Machinery&Equipment Water Distribution 206486 30,459 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 206293 29,010 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 206270 23,564 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 206204 23,516 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 206576 22,081 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 206573 20,898 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 206339 20,515 PUSH PEDAL PULL Other Assets Fitness Center 206371 20,505 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 206464 20,252 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital 206395 20,071 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie View Liquor Store 206250 20,020 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 4140 19,584 ING Deferred Compensation General Fund 206476 19,248 INTEGRITY REMODELING&DESIGN Contract Svcs-General Bldg Police City Center 4144 18,599 GENESIS EMPLOYEE BENEFITS,INC Other Deductions Health and Benefits 206557 16,088 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 206387 15,984 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 4139 15,774 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 206389 15,447 WINDOW OUTFITTERS INC Other Contracted Services Rehab 206226 14,081 BONNER&BORHART LLP Legal Legal Criminal Prosecution 206343 13,337 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 206396 12,699 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 206574 12,655 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 206333 12,217 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store 4143 12,005 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 206535 11,728 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 206205 11,214 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 206504 11,039 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 206481 11,025 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 206427 10,544 CARDIOVISION Other Assets Fitness Center 206287 10,133 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 206528 9,824 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 206411 9,409 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 206434 9,289 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 206268 9,192 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206196 9,028 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 206304 9,012 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 206246 8,694 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 206330 8,670 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 206497 8,439 M&A EXECUTIVE SEARCH LLC Other Contracted Services City Council 206566 7,980 WALL TRENDS INC Contract Svcs-General Bldg Garden Room Repairs 206269 7,779 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 206460 6,133 GRAYMONT Treatment Chemicals Water Treatment Plant 206347 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 206244 5,975 CUSHMAN MOTOR COMPANY INC. Equipment Repair&Maint Fleet Operating 206419 5,915 BELLBOY CORPORATION Misc Taxable Prairie Village Liquor Store 206405 5,800 US POSTMASTER Postage Community Brochure 206525 5,592 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 206222 5,065 BELLBOY CORPORATION Transportation Prairie View Liquor Store 206424 5,006 BORDER STATES ELECTRIC SUPPLY Merchandise for Resale Water Metering 206284 4,557 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 206575 4,449 XCEL ENERGY Electric Water Wells 206477 4,223 1NTEREUM INC Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 206475 4,165 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 206417 3,885 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 206203 3,860 A-SCAPE INC Contract Svcs-Snow Removal Den Road-CAM items 206452 3,805 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Wine Club 206461 3,397 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 206323 3,355 NORTHERN AIR CORPORATION Contract Svcs-HVAC Ice Arena Maintenance 206569 3,308 WINE COMPANY,THE Transportation Prairie View Liquor Store 206439 3,161 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 206502 3,157 METRO FIRE Protective Clothing Fire 206327 3,037 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#4 206570 2,966 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 206465 2,932 HAWKINS INC Treatment Chemicals Water Treatment Plant 206221 2,906 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 206429 2,901 CERIDIAN Ceridian IT Operating 206545 2,874 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 206381 2,722 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 206469 2,658 HOHENSTEINS INC Beer Prairie View Liquor Store 206392 2,657 WINE MERCHANTS INC Transportation Prairie View Liquor Store 206365 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 206267 2,525 GRAYBOW COMMUNICATIONS GROUP Miscellaneous IT Operating 206560 2,407 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 206404 2,354 RICHFIELD,CITY OF Autos Park and Recreation 206326 2,341 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 206357 2,204 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 206296 2,200 KIMITCH,SUSAN AR Utility Water Enterprise Fund 206442 2,038 EHLERS&ASSOCIATES INC Deposits Escrow 206360 1,976 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 206254 1,925 EF JOHNSON Equipment Repair&Maint Public Safety Communications 206438 1,886 DOHERTY,SANDRA L Other Contracted Services Volleyball 206549 1,881 STREICHERS Clothing&Uniforms Police 4142 1,842 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206283 1,796 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 206319 1,700 NETSENTIAL.COM INC Software Maintenance IT Operating 206512 1,691 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 206274 1,681 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 206563 1,669 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 206507 1,665 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 206390 1,616 WINE COMPANY,THE Transportation Den Road Liquor Store 206307 1,570 METRO FIRE Protective Clothing Fire 206524 1,560 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 206310 1,523 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 206414 1,488 APWA Dues&Subscriptions Engineering 206551 1,486 SURLY BREWING CO Beer Den Road Liquor Store 206503 1,455 METRO SALES INCORPORATED* Equipment Repair&Maint Customer Service 206369 1,413 SWANSON,JEFF Other Contracted Services Broomball 206370 1,357 TEMP,DAWN M Other Contracted Services Volleyball 206295 1,331 KEEPERS Clothing&Uniforms Police 206367 1,245 SURLY BREWING CO Beer Prairie View Liquor Store 206218 1,244 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 206539 1,190 ROOT 0 MATIC Contract Svcs-Plumbing City Hall-CAM 206471 1,188 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 206356 1,141 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 206402 1,131 ZIEGLER INC Small Tools Fleet Operating 206207 1,118 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 206247 1,080 DEZENSKI,JEFFREY Tuition Reimbursement/School Fire 206456 1,080 GOVDELIVERY Software Maintenance IT Operating 206397 1,072 WM MUELLER AND SONS INC Gravel Water System Maintenance 206231 1,068 BUCK,NATHAN Other Contracted Services Basketball 206228 1,056 BOUND TREE MEDICAL LLC EMS Supplies Fire 206565 1,003 VISTAR CORPORATION Merchandise for Resale Concessions 206216 1,000 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 206280 985 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fire Station#1 206375 965 TRUSIGHT Dues&Subscriptions Organizational Services 206500 949 MCNEILUS STEEL INC Equipment Parts Fleet Operating 206260 943 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 206376 936 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 206282 935 INGERSOLL RAND COMPANY Supplies-General Bldg Public Works/Parks 206300 927 LEAGUE MN CITIES INS TRUST Insurance WAFTA 206239 917 COMMERCIAL STEAM TEAM Janitor Service Prairie Village Liquor Store 206281 906 I2 INC Software Maintenance IT Operating 206453 885 GE CAPITAL Other Rentals Customer Service 206498 872 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 206547 864 STAPLES ADVANTAGE Office Supplies Police 206354 862 SIR KNIGHT CLEANERS Operating Supplies Fire 206350 862 SEELYE Repair&Maint.Supplies Water Treatment Plant 206520 861 OLSEN COMPANIES Equipment Parts Fleet Operating 206311 858 MIDWEST LOCK&SAFE Contract Svcs-General Bldg Cummins Grill House 206220 858 BATTERIES PLUS Operating Supplies Fire 206407 853 PETTY CASH Cash Over/Short General Fund 206277 834 HEUN ENTERPRISES,INC Liquor Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206564 823 VINOCOPIA Transportation Prairie View Liquor Store 206385 822 VISTAR CORPORATION Merchandise for Resale Concessions 206372 789 TKO WINES,INC Wine Imported Prairie View Liquor Store 206229 769 BOURGET IMPORTS Transportation Prairie View Liquor Store 206538 766 REBS MARKETING Other Contracted Services Water Accounting 206258 761 FASTENAL COMPANY Equipment Parts Fleet Operating 206215 750 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 206212 750 ARM OF MINNESOTA Conference Expense Engineering 206382 750 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 206264 706 GRAINGER Equipment Parts Water Treatment Plant 206348 689 SCHARBER&SONS Equipment Repair&Maint Fleet Operating 206458 679 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 206487 660 KEEPERS Clothing&Uniforms Police 206253 660 DRIVER&VEHICLE SERVICES Operating Supplies Police 206321 660 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 206433 647 CRAWFORD DOOR SALE CO OF THE T Contract Svcs-Security Fitness/Conference-Cmty Ctr 206509 617 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 206312 612 MILIO'S SANDWICHES Merchandise for Resale Concessions 4137 594 CERIDIAN Garnishment Withheld General Fund 206209 593 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin. 206288 571 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 206537 566 QWEST Maintenance Contracts E-911 Program 206245 546 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 206553 546 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation 206366 540 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks 206302 540 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 206422 536 BIFFS INC Waste Disposal Park Maintenance 206467 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 206361 530 STANLEY SECURITY SOLUTIONS INC Supplies-Security Housing and Human Svcs 206400 525 XTREME INTEGRATION Contract Svcs-Electrical Public Works/Parks 206416 506 BARNES,BELINDA A. Other Contracted Services Volleyball 206568 501 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 206521 500 OLYMPIC HILLS GOLF CLUB Operating Supplies Internal Events 206506 497 MIDAS Equipment Repair&Maint Fleet Operating 206577 495 ZAHN,GERALD Other Contracted Services Volleyball 206470 483 HOLMES,TOM Other Contracted Services Volleyball 206386 465 VTI Equipment Repair&Maint Public Safety Communications 206428 444 CARLSON,BEN OR GAIL AR Utility Water Enterprise Fund 206206 443 AL'S COFFEE Merchandise for Resale Concessions 206263 440 GE CAPITAL Other Rentals Customer Service 206580 440 FERRELLGAS Gas Riley House 206561 433 TURFWERKS Equipment Repair&Maint Park Maintenance 206242 428 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 206505 419 METROPOLITAN FORD Equipment Parts Fleet Operating 206425 416 BOURGET IMPORTS Transportation Prairie View Liquor Store 206202 409 MNCAR EXCHANGE,THE Dues&Subscriptions Economic Development 206384 406 VINOCOPIA Transportation Prairie View Liquor Store 206514 404 MOORE,COSTELLO&HART,PLLP Legal Water Capital 206314 400 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206373 396 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 206463 394 HACH COMPANY Equipment Testing/Cert. Water Treatment Plant 206336 387 PROP United Way Withheld General Fund 206517 383 NORTHERN BATTERY Equipment Parts Utility Operations-General 206332 375 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Senior Center 206265 368 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store 206516 362 NEXT DAY GOURMET Operating Supplies Senior Board 206322 359 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 206243 350 CURTIS CPR INSTRUCTION Other Contracted Services Emergency Preparedness 206409 350 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 206558 345 TKO WINES,INC Wine Imported Prairie View Liquor Store 206340 342 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 206441 337 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 206266 335 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 206271 330 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 206449 328 FIRE SAFETY USA INC Small Tools Fire 206435 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 206496 324 LOCATORS&SUPPLIES INC Equipment Parts Fleet Operating 206355 324 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police 206351 320 SEGER,KATHERINE L Instructor Service Arts Center 206548 316 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 206536 313 QWEST Telephone IT Telephone 206364 308 STREICHERS Clothing&Uniforms Police 206413 307 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 206359 304 SPRINT Wireless Subscription IT Operating 206368 300 SUSA Dues&Subscriptions Utility Operations-General 206444 299 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 206195 290 HEDDLE,ALLEN Equipment Repair&Maint IT Operating 206436 289 DELEGARD TOOL CO Equipment Parts Fleet Operating 206440 280 DRAMATIC PUBLISHING Other Contracted Services Theatre Initiative 206378 277 UNITED WAY United Way Withheld General Fund 206380 274 VALLEY NAT'L GASES-LOC 93 Motor Fuels Fleet Operating 206480 273 J.D.RYNDERS INC Improvements to Land Improvement Projects 2006 206279 263 HOHENSTEINS INC Beer Prairie View Liquor Store 206493 260 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 206331 260 PITKANEN,STEVEN S Tuition Reimbursement/School Organizational Services 206494 257 LANZI,BOB Mileage&Parking Ice Arena 206530 255 PLANET SPIRIT Instructor Service CC-Special Events&Trips 206309 251 METROPOLITAN FORD Equipment Parts Fleet Operating 206446 249 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 206559 245 TNEMEC COMPANY INC Repair&Maint.Supplies Water Treatment Plant 206472 245 HORIZON CPO SEMINARS Conference Expense Pool Maintenance 206223 240 BERGET,LINETTE Instructor Service Outdoor Center 206234 240 CERTIFIED APPLIANCE RECYCLING Waste Disposal City Center Operations 206255 240 ELIASON,STEVE J Other Contracted Services Basketball 206303 235 LEXISNEXIS Other Contracted Services Police 206320 235 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 206325 234 NUCO2 INC Supplies-Pool Pool Maintenance 206262 230 G&K SERVICES Clothing&Uniforms Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206324 227 NORTHWORKS OCCUPATIONAL HEALTH Health&Fitness Fire 206240 227 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 206285 225 J H LARSON COMPANY Building Repair&Maint. Park Maintenance 206275 224 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating 206249 221 DISPLAY SALES Supplies-General Bldg Public Works/Parks 206252 218 DOMACE VINO Transportation Prairie View Liquor Store 206224 214 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 206532 213 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 206522 211 OSI BATTERIES INC Operating Supplies Traffic Signs 206451 204 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 206298 201 KUSTOM SIGNALS INC Equipment Repair&Maint Police 206230 200 BROWNING,RYAN Other Assets Public Safety Communications 206579 198 DE LAGE LANDEN FINANCIAL SERVI Software and Hardware IT Operating 206523 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 206388 186 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 206301 181 LEIFELD FRAMING Operating Supplies Police 206232 180 CANNON RIVER WINERY Wine Imported Den Road Liquor Store 206448 169 FASTENAL COMPANY Operating Supplies Traffic Signs 206276 168 HERRIG,JEFF Other Contracted Services Basketball 206491 168 KRAMER,TRENT C Other Contracted Services Basketball 206541 167 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 206345 162 RAY,LEE Other Contracted Services Basketball 206349 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 206420 160 BERGET,LINETTE Instructor Service Outdoor Center 206455 159 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 206208 157 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 206499 155 MAHMUTOVIC,DZEVAD Mileage&Parking Facilities Staff 206431 155 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 206201 150 SHERBURNE COUNTY SHERIFF'S DEP Deposits Escrow 206338 150 PUCHALSKI,MARY Instructor Service Arts Center 206432 150 COSTCO MEMBERSHIP Dues&Subscriptions Recreation Administration 206554 150 TEMP,JEFFERY L Other Contracted Services Volleyball 206550 149 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 206474 149 HUDSON MAP COMPANY Office Supplies Utility Operations-General 206352 146 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 206529 145 PINNACLE FIREWORKS Misc Taxable Prairie View Liquor Store 206383 142 VINCENT,SAMUEL Deposits Escrow 206334 141 PREMIUM WATERS INC Operating Supplies Fire 206261 140 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 206466 138 HEDDLE,ALLEN Equipment Repair&Maint IT Operating 206286 137 JANEX INC Cleaning Supplies City Hall-CAM 206198 136 UNITED WAY United Way Withheld General Fund 206412 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Liquor Store 3 206316 128 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 206544 127 SNAP-ON TOOLS Small Tools Fleet Operating 206200 125 MTI DISTRIBUTING INC. Conference Expense Park Maintenance 206479 121 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 206518 118 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 206410 113 A TO Z RENTAL CENTER Operating Supplies Wine Club Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206473 110 HOUTZ,STEPHEN J Other Contracted Services Theatre Initiative 206256 110 EVENT SOUND&LIGHTING Repair&Maint.Supplies Staring Lake Concert 206297 107 KREMER SPRING&ALIGNMENT INC Equipment Parts Fleet Operating 206578 106 COMCAST Wireless Subscription IT Operating 206211 105 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 206278 100 HODDINOTT,KURT Refunds Environmental Education 206445 100 ENGEBRETSON,TIM Refunds Environmental Education 206462 100 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 206488 100 KELLY,SUSAN Refunds Environmental Education 206489 100 KOCHER,SUSAN Instructor Service Outdoor Center 206492 100 LA VINE,JANICE Refunds Environmental Education 206510 100 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Senior Center 206531 100 PUCHALSKI,MARY Instructor Service Arts Center 206552 100 TAYLOR,EMILY Instructor Service Arts Center 206555 100 THOMPSON,BRIAN Refunds Environmental Education 206567 100 WANDERSEE,LORI Refunds Environmental Education 206401 99 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 206421 96 BERRY COFFEE COMPANY Merchandise for Resale Concessions 206540 96 SCHARBER&SONS Equipment Parts Fleet Operating 206437 93 DIRECTV Cable TV Community Center Admin 206317 90 MPCA Licenses&Taxes Sewer Utility-General 206335 90 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 206374 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road-EP items 206379 86 UPS Postage Water System Maintenance 206235 86 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 206447 79 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 206454 77 GEMPLERS Clothing&Uniforms Water Treatment Plant 206508 76 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 206346 75 RECYCLING ASSOCIATION OF M1NNE Dues&Subscriptions Recycle Rebate 206459 74 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 206294 70 JRK SEED AND TURF SUPPLY Conference Expense Park Maintenance 206225 65 BOLD,PAULINE Instructor Service Outdoor Center 206423 65 BOLD,PAULINE Instructor Service Outdoor Center 206562 62 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 206546 62 SPRINT Telephone Engineering 206259 60 FETTER,DAN Facility Rentals Skating Rinks/Warming Houses 206363 58 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 206273 58 HED,CAROL Accounts Receivable Community Center Admin 206457 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 206337 54 PROSOURCE SUPPLY Cleaning Supplies Liquor Store 1 206251 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 206214 50 ASHBACHER,GARY Refunds Environmental Education 206219 50 BARRON COUNTY INCINERATOR Operating Supplies Police 206362 50 STENOIN,MITCHELL Ball Field Fees Park Maintenance 206468 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 206513 50 MIZELL,ROBERT Refunds Environmental Education 206519 50 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 206213 50 ARNDT,DALE Small Tools Fleet Operating 206227 49 BOTHUN,RAY Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206344 48 RADIO TECHNOLOGY INC Equipment Repair&Maint Public Safety Communications 206443 48 ELIASON,STEVE J Other Contracted Services Basketball 206415 47 ASPEN MILLS Clothing&Uniforms Police 206210 45 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 206430 45 COMCAST Dues&Subscriptions City Council 206313 40 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 206306 40 MADD Miscellaneous Police 206426 38 BOYER TRUCKS Equipment Parts Fleet Operating 206248 37 DIRECTV Operating Supplies Police 206257 36 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 206353 33 SHRED-IT Waste Disposal City Center Operations 206236 28 CHRYST,DANIEL R Deposits Escrow 206241 28 CROWN MARKING INC Office Supplies Customer Service 206318 25 MUNICIPALS Dues&Subscriptions Organizational Services 206358 25 SPECIALTY TURF&AG INC Conference Expense Park Maintenance 206556 25 THOMPSON,KATIE Refunds Environmental Education 206403 23 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 206217 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 206490 21 KRAEMERS HARDWARE INC Supplies-Pool Pool Maintenance 206377 20 UNITED FIREFIGHTERS ASSN Tuition Reimbursement/School Fire 206495 20 LEAGUE OF MINNESOTA CITIES Office Supplies Customer Service 206238 20 COMCAST Operating Supplies Fire 206501 19 MENARDS Equipment Parts Fleet Operating 206450 16 G&K SERVICES Clothing&Uniforms Street Maintenance 206542 14 SIEFFERMAN,JANE Accounts Receivable Community Center Admin 206581 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 206315 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 206478 7 IVERSON,MARGARET Accounts Receivable Community Center Admin 206299 5 LAB SAFETY SUPPLY INC Supplies-General Building City Center Operations 2,126,480 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of the Community Development Director March 15, 2011 DEPARTMENT/DIVISION: Janet Jeremiah, Community ITEM DESCRIPTION• ITEM NO.: XIV.C.1. Development Director Approve the First Time Homebuyer Program Molly Koivumaki Housing and Community Services Requested Action Move to: Approve the use of CDBG funds for a First Time Homebuyer Down Payment Assistance Program. Background In 2010, the Eden Prairie City Council approved a plan to use $50,000 in CDBG funds to assist with the acquisition of affordable housing for income eligible families, with a preference given to veteran, active duty or retired military personnel. Those funds, combined with previous years housing allocation were part of a program to promote affordable housing options at three units within Hennepin Village. By the end of 2010, the units had not sold, most likely due to the downturn in the housing market combined with more stringent mortgage underwriting practices. In researching options to assist potential homebuyers, staff discovered the need for down payment assistance was the most likely barrier keeping residents from purchasing homes. Staff researched other first time home buyer down payment assistance programs and found a program used by the City of Plymouth, MN to be the best model to follow. The First Time Homebuyer Down Payment Assistance Program will provide a deferred, zero interest loan, of up to $25,000 to assist with down payment costs, closing costs and principal reduction, which are all in accordance with HUD requirements. The program will use the $50,000 allocation,plus an additional $150,000 in program income to assist home buyers. The loan is repayable when the property is sold, is no longer the borrower's principal place of residence, or after 30 years has passed. Attachments: Program Guideline Document Repayment Agreement Program Application Program Brochure City of Eden Prairie First Time Homebuyer Program Part I: GENERAL PROGRAM DESCRIPTION Program Overview The Eden Prairie Office of Housing& Community Services (OHCS) offers a financial assistance program for homeownership funded by the city's Community Development Block Grant (CDBG) program. The First Time Homebuyers Program provides financial assistance for low and moderate income households to become homeowners. Administration of the First Time Homebuyers Program and the functions and responsibilities of the OCHS staff shall be in compliance with the U.S. Department of Housing and Urban Development (HUD) CDBG regulations as well as all Federal,State and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in house and employment. No family or individual shall be denied the equal opportunity to apply for or receive assistance under the First Time Homebuyer's Program on the basis of race, color, gender, religion, creed, national origin, age, familial or marital status, handicap or disability, sexual orientation or reliance on public assistance. The Eden Prairie OHCS office is accessible to persons with disabilities. Accessibility for the hearing impaired is provided by the Minnesota Relay Service and the City of Eden Prairie TDD. Program Goals The First Time Homebuyer's Program has the following two goals: a. Assist low and moderate income households to purchase homes within the City of Eden Prairie by providing assistance with down payment, closing costs and mortgage principle reduction. b. Promote responsible home ownership Program Administration The Program will be administered through the Eden Prairie OCHS. Interested applicants should contact OCHS staff by calling 952-949-8486. Purpose of the Program Guidelines The purpose of these guidelines is to establish policies for carrying out the First Time Homebuyer Program in a manner consistent with HUD requirements and local goals and objectives contained in the Consolidated and Annual Action Plans. The OCHS is responsible for complying with all changes in HUD regulations pertaining to the CDBG program. If such changes conflict with these guidelines, HUD regulations will have precedence. Application regulations include: • 24 CFR Part 5: General Program Requirements • 24 CFR Part 8: Nondiscrimination • 24 CFR Part 570: Community Development Block Grant • 24 CFR Part 35: Lead Based Paint Regulations 1 PART II: PROGRAM POLICIES Financial Assistance The Financial Assistance may be used to: • Pay up to 50%of the amount the homebuyer(s) provide toward the down payment not to exceed $5,000. • Pay up to 100%of the homebuyer's eligible closing costs not to exceed $5,000. Borrowers are not permitted to use program funds for interest rate buy downs unless documentation is provided from the lender that shows the buy down is necessary to secure their primary mortgage. Eligible closing costs do not include optional insurances (i.e. optional owner's insurance policy, etc.). • Reduce the mortgage principal up to 10%of the purchase price to a maximum of$20,000. The applicant(s) housing Debt to Income Ratio (DTI) must be at least 25%, but cannot exceed 37%of their gross monthly qualifying income. The financial assistance will be provided at a minimum amount of$3,000.00 and a maximum amount of $25,000.00. In certain situations,the OHCS Manager may allow assistance in excess of the maximum at their discretion. The OHCS Manager will make a determination on the amount of assistance an applicant qualifies for. That determination will be based upon a review of the applicant's verified income and assets, estimated closing costs, purchase agreement, and lender's recommendations for financial assistance in compliance with uses described above. Lenders must provide a pre-approval letter indicating the maximum amount of financing the borrower would qualify for from the first mortgage lender. The OHCS will verify an applicant's income and assets through third party written verifications as provided by either the lender or by the OHCS. The OHCS Manager may re-verify income and asset information provided by the lender. The OHCS will calculate the applicant's gross annual income using paystubs and recent tax returns or third party verification as defined in Appendix A to ensure the applicant(s) qualifies as a low or moderate income household as required by CDBG regulations and to determine the maximum amount of assistance. Financial assistance will be provided at the time of closing on the property with the following conditions: • Selected applicants must meet the requirements of the program and be eligible for the financial assistance throughout the entire application process. • The housing unit to be purchased and the purchase price must be accepted by the OHCS as meeting the intent and requirements of the program. • The financial assistance provided by the program is in the form of a no-interest deferred payment loan that is due and payable 30 years from the initial purchase date or when the house is sold,transferred or no longer the primary place of residence,whichever occurs first. • The homebuyers must enter into a second mortgage and execute a Promissory Note with the OHCS providing for repayment of the indebtedness 30 years from the initial purchase date or 2 when the house is sold,transferred or no longer the primary place of residence, whichever occurs first. Responsibilities of the First Time Homebuyer The responsibilities of the prospective homebuyers are to: • Complete, sign and return the application, authorization for release of information form, and other certification and verification forms within the time frame specified. • Register and attend the Home Stretch—Home Buyers workshops offered by Community Action Partnership of Suburban Hennepin (CAPSH). Classes must have been completed within 12 months prior to closing. Classes offered through other agencies or realtors may be substituted with prior approval of the OHCS. Applicants must also attend an individual counseling session with a Housing counselor at CAPSH. If CAPSH recommends that the applicant is not ready to purchase a home,the OHCS may not provide assistance until the applicant has satisfied staff concerns. The applicant will be provided with a certificate of attendance. A copy of this certificate should be forwarded to the lender and the OHCS. • Select a lender approved by the OHCS for participation in the program. • Complete the pre-approval process. • Select a real estate agent, if one is desired. • Select a dwelling in Eden Prairie for purchase that is owner-occupied or vacant and is an eligible dwelling under the program. • Provide information throughout the process as required by the lender or the OHCS staff. • Execute a purchase agreement. • Execute the lender's mortgage and related documents. • Execute the OHCS's Mortgage and Promissory Note. • Have the seller execute the OHCS's disclosure to seller form. • Close on the property with the time frame specified. • Execute other required forms within the time frame specified or required. • Take occupancy of the dwelling within 30 days after closing, homestead the property, and continue to occupy the dwelling as a Principal Place of Residence. • Make principal, interest, property tax and insurance payments as required. • Reimburse the OHCS in accordance with the OHCS's Mortgage and Promissory Note should the First Time Homebuyer trigger repayment through sale, moving,transfer of ownership or foreclosure within 30 years or default on any other terms of these documents. 3 Responsibilities of the Lender The lender must: • Verify the prospective homebuyer's income and assets to determine that they meet the requirements of the program and submit a copy of the verification to the OHCS. These copies must be submitted to the City at least five working days prior to the applicant signing a purchase agreement. • Compute the Mortgage, Down Payment, Mortgage payments and Closing Costs of Acceptable Loans approved by the Program to determine the most cost-effective and appropriate form of financing for the First Time Homebuyer to use. • Provide a title search and review the documents. • Provide the OHCS with a pre-approval letter stating the maximum mortgage amount the applicant is approved for. • Provide the OHCS other verification materials as requested by the OHCS. • Process a mortgage consistent with the Program. • Meet all deadlines in a timely fashion, especially those that relate to the Closing. All documents must be completed at least 10 days prior to the Closing and be delivered to the OHCS at lease seven days before the Closing. • Appraise property to determine the loan-to-value ratio. Responsibilities of the OHCS The responsibilities of the OHCS for the Program are to: • Establish Program requirements and administer the Program. • Send applicants the application form,the authorization for release of information form and other certification and verification forms. • Review the Application and other material for eligibility. • Establish the pool of eligible participants and make selections for participation in accordance with the selection provisions. • Notify applicants when ineligible. • Direct prospective buyers to register for the CAPSH homebuyer workshops and provide information and forms related to the Program. • Provide liaison services involving the prospective buyer, lender and any real estate agent that might be involved in the transaction. 4 • Review appraisal, purchase agreement, eligibility and mortgage for consistency with the Program requirements. • Prepare and execute the OHCS mortgage and promissory note. • Provide financial assistance according to Program guidelines to the applicant at the time of Closing. • Service the OHCS mortgage. • Modify or terminate the Program as may be appropriate or required. Application to the OHCS It is the responsibility of each applicant to assure that the OHCS receives his or her application. Only applications with original signatures will be accepted. At the time of application, applicants must provide the OHCS with the following information and meet the eligibility requirements: • Names of all family and household members • Address and telephone numbers • Social Security numbers of all adults • Date of birth of all family members • Number of adults in family • Number of children in family • Total gross annual income from all sources (i.e. employment, social security income, child support, etc)with pay stubs and three years of tax returns as documentation • Bank statements,financial statements and all other document(s)that verify gross assets • Name of Employer(Company Name) • Address and phone number of each employer • Length of time (in years and months) at present address • Last three previous addresses • Indication if applicant ever owned a home 5 Summary of the Application Process The following is a summary of the application process. • The applicant registers for and attends the homebuyer workshop series through CAPSH. • The applicant arranges for and attends a private housing counseling session with CAPSH. • The applicant selects a participating lender and applies for mortgage pre-approval. • The applicant completes and submits a First Time Homebuyer application and authorization for release of information form to the OHCS with a mortgage pre-approval letter from the lender. • The applicant searches for a home in Eden Prairie. • The applicant enters into a Purchase Agreement and contacts the lender. • The lender authorizes appraisal of home. • The lender confirms applicant's mortgage eligibility and approves purchase. • The lender contacts the OHCS wit supporting documentation. • The OHCS arranges for a lead-based paint hazard inspection of the property, if the dwelling was build prior to 1978. • The OHCS reviews appraisal, Purchase Agreement, Good Faith Estimate, and eligibility verification for consistency with program goals and requirements. • The OHCS issues an approval letter. • The OHCS prepares the closing documents required by the City's Program Guidelines. • The OHCS attends the Closing. At the Closing,the OHCS has the borrower sign the required closing documents and financial assistance is provided in the form of a second mortgage. Eligibility Requirements To be eligible to participate in the Program,the applicant must meet the following requirements at the time of application and throughout the process up until Closing. • Must qualify as a Family, as defined in Appendix A. • Must be a U.S. citizen or have legal immigration status. • Must be a First Time Homebuyer, as defined in Appendix A. • Must not have a Gross annual Income that exceeds the maximum income limits which are revised annually to reflect the current year's CDBG maximum income limits. • Must not have Gross Assets exceeding$25,000.00 which excludes one automobile. 6 • Borrowers are required to invest at least$1,000.00 of their own monies towards the purchase price of the home. Funds from public program(s) cannot be used as part of the Homebuyers portion of the down payment. • Must meet the requirements of a Lender and qualify for a first mortgage. • Must fulfill the Program obligations in a timely manner and must remain eligible to participate based on the program requirements and those of the lender through the time of Closing. • Must not have a previous loan through the Eden Prairie OHCS that ended in foreclosure or any other loan that ended in foreclosure within the previous five years. • Must meet the requirements as specified elsewhere in these Guidelines. Denial of Eligibility The OHCS will review and verify all applications for eligibility. Those applicants not meeting the eligibility requirements will be sent a written notice explaining the reason(s)for denial of program participation. Appeals regarding interpretation of eligibility requirements may be made in writing to the OHCS Manager, and then to the Director of Community Development and then to the City Manager, and then to the City Council. Appeals that clearly do not meet eligibility requirements will not be considered. Eligible Dwellings • To be eligible the property must meet the following requirements: • Be located within the City of Eden Prairie. • Be a single-family dwelling, a townhouse unit, or a condominium unit. • Be a conforming use as defined by the Eden Prairie Zoning Ordinance. • Be free of lead-based paint hazards at the time of Closing. The OHCS may require an inspection of the dwelling for compliance with the Eden Prairie Housing Code (Uniform Housing Code). The OHCS will require an inspection of all dwellings built prior to 1978 for compliance with HUD's lead-based paint hazard regulations. Applicant Outreach The OHCS will publicize and disseminate information to make known the availability of homeownership assistance on a regular basis through a variety of media and other suitable means. The availability of assistance will be communicated to other services providers and Realtors in the community and advise them of the guidelines so that they can make proper referrals for the Program. Realtors will be encouraged to provide additional services to eligible clients to ensure their successful utilization of the program. 7 Applicant Pool The applicant pool for the Program shall consist of all those who have completed and returned to the OHCS a complete application, written verification from their lender of pre-approval, and who are determined by the OHCS to be eligible. Selection from the Applicant Pool As funds are available, applicants will be selected from the applicant pool on a first come, first serve basis. Eligible applicants will be selected for funding when they or their lender notify the OHCS of the applicant's approved purchase agreement and mortgage. If funding is limited and more than one applicant is at the purchasing stage, the OHCS will provide funding to the applicant who qualifies for the most preference points. Preference points have been established to meet the goals of the OHCS. Each preference category is worth one (1) point. The maximum points any one Family could receive are five (5) points. Families with the highest point totals will be selected first. In the event of a tie, a drawing or lottery will be held to rank the applicants within each of the preference categories. • Applicant with dependents under age 18 • Live in Eden Prairie at least 90 days prior to Closing • Head or co-head has primary, longer-term employment in Eden Prairie • Currently holding an Eden Prairie Section 8 Voucher • Never owned a home (versus having owned a home over three years ago) Selection from the applicant pool is tentative and conditional. Families selected for participation must fulfill the Program obligations in a timely manner and must remain eligible to participate based on the program requirements and those of the lender through the time of Closing. Lender Outreach The OHCS will solicit lender participation as needed. The OHCS will review requests from lenders to be approved as a participating lender of the First Time Homebuyer Program. The lenders must be FHA and MHFA approved and exhibit a willingness to provide mortgage products to low and moderate income households. PART Ill: PROGRAM RULES Lenders All lenders must be a Minnesota Mortgage Program Lender as approved by the Minnesota Housing Finance Agency. Lenders and their representatives must also be willing to participate in the Eden Prairie First Time Homebuyer Program. Applicants should ask the lender if they have received the City of Eden Prairie's Program Guidelines and if they are familiar with the process. It is the applicant's responsibility to make arrangements for obtaining pre-qualification or pre-indication of approval and for making an application for a mortgage. A letter from the lender indicating the amount of the mortgage for which 8 the applicant pre-qualifies must be provided with each application.The same lender must be used when the applicant goes for pre-approval of a mortgage prior to the purchase of a home, so it is recommended that the applicant selects the lender carefully. Declarations of Restrictive Covenants From time to time, declarations of restrictive covenants may be placed on properties as a condition of First Time Homebuyer assistance. Declarations of restrictive covenants are placed on select properties to ensure that these properties are owned by low and moderate income households in the future, even after subsequent sales. Declarations of restrictive covenants may also restrict the resale price of select housing units in an attempt to keep the units affordable. Lead Based Paint Hazard Requirements All applicants purchasing a dwelling built prior to 1978 will be provided with a lead based paint brochure and must sign a certification of receipt of the brochure. As a condition of funding,the applicant will be required to purchase a home free of Lead Based Paint (LBP) hazards. If the dwelling was built prior to 1978 a visual assessment for deteriorated paint will be done by City staff. Applicants will be informed that the inspection is only to determine the presence of deteriorated paint and they may also want to obtain a complete Home Inspection from a certified Home Inspector. If deteriorated paint is found, the OHCS will contract with a certified Risk Assessor to perform the necessary tests to determine if there is a lead hazard risk. A copy of a clean Lead Risk Assessment report must be submitted to the OHCS before the home is approved for assistance. If the applicant refuses,the property will not be eligible for assistance. The applicant will need to find another house that is or will be made LBP risk free in order to qualify for assistance. If LBP risks are found, stabilization of the defective paint, cleanup and clearance will be required before funds are approved for assistance. The presence of LBP risks should be treated like any other defect found during an inspection and may be negotiated between buyer and seller. Clearance will be required before the home can be safely occupied and will assure that there are no remaining lead hazards. Repayment of Assistance Repayment of the deferred payment loan shall occur upon the earliest of: • Sale, transfer or thirty years from the initial purchase date,when the OHCS Mortgage becomes due and payable. • The property ceases for any reason to be the homebuyer's principal place of residence. • Default on the mortgage with the OHCS or any superior mortgage on the property. At the time of repayment,the OHCS will prepare and execute a Satisfaction of Mortgage. The Satisfaction of Mortgage will be sent to the Title Company, who will be responsible for recording the Satisfaction with the County. The OHCS will send the homeowner a copy of the Satisfaction as well as the original Promissory Note indicating it has been satisfied. 9 Loan Forgiveness Generally,the OHCS will require that all First Time Homebuyer loans be repaid. However, the OHCS may waive repayment if the homeowner can prove a documented financial hardship. This hardship may include the homeowner not having the resources to pay the OHCS's loan back requires a denial letter from one or more financial institutions) or the property value declining since the OHCS's loan was taken out. Hardship requests shall be made in writing to the OHCS Manager and will be reviewed on a case-by-case basis. If the OHCS Manager denies a hardship request, appeals regarding interpretation of the hardship provisions may be made in writing to the Community Development Director,then to the City Manager and then to the City Council, which has the final say in the request. Appeals that clearly do not meet the hardship requirements will not be considered. Subordination of Mortgages The OHCS may subordinate the First Time Homebuyer Program loan. The OHCS will review and respond to all requests for subordinations within two weeks of the application date. The following information must be submitted before a request for subordination will be considered. • Effective date of current first mortgage, current first mortgage balance, interest rate and term. • Proposed loan amount, interest rate and term. • Reasons for new financing and use of proceeds by amount. If financing will be used for home improvements, specified information on the proposed home improvements must be provided. • Good Faith Estimate. • Copy of appraisal. • Most recent assessor's market value of property. • Types and amounts of any other indebtedness on property including balance, rate and term. • Date of the First Time Homebuyer loan was filed with County and the document number. • Household's verified income and size. • Full name, address,telephone number, contact person and e-mail address of the new lender. • Date subordination agreement is needed (must be at least two weeks from the date of the request). Information provided will be analyzed to determine the appropriateness of subordination of the OHCS's mortgage. The following criteria must be met before subordination of the loan will be considered. • All current and proposed property liens, including the First Time Homebuyer loan, equal less than 95%of the appraised value of the property. 10 • The subordination is necessary to refinance the principle balance of existing prior liens on the property and will facilitate a rate reduction,term reduction and/or principal reduction plus any costs to finance additional eligible home improvements. No cash may be taken out as a result of refinancing. However,the fees incurred to refinance will be an allowable expense. • All home improvements must be eligible under the Home Rehabilitation guidelines and the homeowner is required to submit documentation of cost for all improvements as a condition of the subordination. • The uses for the new financing must be justifiable as an appropriate use of public funds to warrant subordination of the public funding. • The household income of the homeowner must not be greater than 125%of current CDBG maximum income guidelines. • The borrower(s) must correct any errors and omissions relating to their loan as a condition of the OHCS granting a subordination request. This requirement would include but not be limited to documents that are not signed (but the intent was to have the signed), documents with clerical errors and/or documents that are missing or destroyed. If the above criteria are not met,the OHCS will not subordinate its mortgage. The client will then need to either obtain financing that is subordinate to the OHCS's mortgage, pay off the OHCS loan as a condition of the new financing, obtain non-mortgage financing, or forgo the additional financing. Appeals regarding interpretation of the Subordination Policy may be made in writing to the OHCS Manager,then to the Community Development Director,then to the City Manager and then to the City Council, which has the final say in the request. Appeals that clearly do not meet the hardship requirements will not be considered. Targeted Funding At various times,the OHCS may target Program funding for purchases in specific developments. Applicants purchasing in those developments would receive Program funding prior to all other applications. Total Amount of Assistance The total amount of assistance received through the Eden Prairie OHCS for the First Time Homebuyer Program cannot exceed $25,000. Modification and Termination of Program The OHCS may modify or terminate the Program as it deems appropriate or as required by HUD. Once the OHCS has provided financial assistance and the mortgage executed,financial assistance shall not be rescinded except as provide for in the executed OHCS mortgage and promissory note. 11 APPENDIX A DEFINITIONS Acceptable Loans—Conventional, Fannie Mae, FHA,VA and ARM's that at a minimum are at a fixed rate for the first seven years. Applicant—an individual or household submitting an application for a loan. Application—The form used to request assistance for the City of Eden Prairie's First Time Homebuyer funds. ARM—An Adjustable Rate Mortgage is the mortgage that offers an initial rate that is fixed for a certain number of years of repayment;the rate then adjusts every year thereafter for the remaining life of the loan. CAPSH—Community Action Partnership of Suburban Hennepin.An agency working in all of Suburban Hennepin County to assist low income people with services to individuals through outreach, energy assistance programs, homeownership services and financial counseling. CDBG—Community Development Block Grant Program; which is an annual entitlement program provided to the City of Eden Prairie through the U. S. Department of Housing and Urban Development (HUD). City—The City of Eden Prairie. Clearance—A lead Based paint Certification that all lead issues have been remediated. Closing—The consummation of the real estate transaction. The Closing includes the delivery of a deed, financial adjustments the signing of notes, mortgages, and the disbursement of funds necessary to complete the sale and loan transaction. Closing Costs—Those costs required by the lender to be paid by the buyer for various fees, credit report costs, insurance, etc., at the time of Closing on a property. Consolidated and Annual Action Plans—HUD requires the City of Eden Prairie to submit a 5 year Consolidated Plan and an Annual Action Plan to guide housing, homelessness and Community Development activities. Conventional Mortgage—A type of residential mortgage loan, usually from a bank or savings and loan association, with a fixed rate and term. It is repayable in fixed monthly payments over a period usually 30—40 years or less, secured by real property, and not insured by the Federal Housing Administration or guaranteed by the Veterans Administration. Down Payment—A type of payment made by a home buyer indicating intention to purchase real estate offered for sale and obtain financing from a bank or mortgage company. DTI—Debt to income Ratio—Indicates the percentage of income that goes toward housing costs including mortgage principal and interest, mortgage insurance premium, hazard insurance premium, property taxes, and homeowners association dues (when applicable). 12 Family—A group of individuals who live or will live under one roof. Fannie Mae—A privately owned and operated corporation that buys mortgages from such lenders as banks and savings and loans, packages then resells them on the open market. FHA—Federal Housing Administration. A Federal agency that administers many loan programs, loan Guarantee programs, and Loan Insurance programs designed to make more housing available. First Time Homebuver—A Family who has not owned a dwelling of any kind within the preceding three years from the date of application or who has been displaced due to a divorce situation. (A family purchasing a dwelling with a contract for Deed is not eligible to participate in this program.) Good Faith Estimate—Document disclosing the approximate closing costs a mortgage applicant will pay at or before the mortgage settlement date. Gross Annual Income—The Gross annual Income of a Household for the purposes of this program is defined for purposes of reporting under Internal Revenue Service Form 1040 for individual Federal annual income tax purposes as per 24 CFR 570.3 and 26 CFR. Gross Assets—The current market value of the following minus existing indebtedness: (Typically, it does not include 401K funds, pensions or other deferred compensation funds.) 1. Cash on hand 2. Cash in checking accounts 3. Cash in savings accounts, including accounts held in trust. 4. The cash value of life insurance policies. 5. Investment securities (government bonds, municipal bonds) 6. Stocks 7. Certificate of deposits and annuities 8. The current market value of all interest in real estate. Included in this determination is any land in which any resident of the Household holds title or is selling on contract for deed. The value of the contract for deed property shall be defined as 100%of the outstanding balance on the contract at a time twelve months following the date of the income and other asset verifications. The dollar amount of the difference between the outstanding balance at the time of verifications and the outstanding balance twelve months later shall be included as household income. 9. All other property, exclusive of household furnishings, clothing, and one vehicle. This section includes, but is not limited to business equipment, boats, snowmobiles, motorcycles, farm stock and additional vehicles. 10. If the applicant owns a business, in full or in part, and that business is incorporated, then the business equipment is not an asset. If the business is not incorporated,the business equipment is then considered a personal asset. The value of the ownership of the business by the applicant 13 is a personal asset. If the applicant owns less that 100%of the business, written notarized proof of the percent of ownership must be provided by the applicant to the OHCS. Guidelines—The set of standards, criteria, and specifications to be used in administering the Program. Household—All persons residing in one housing unit; which may include one or more families, a single person, a married couple, or two or more unrelated persons. Housing Counselor—A person who provides direct customer services primarily to groups, individuals, households seeking information and assistance with housing issues. HUD—U. S. Department of Housing and Urban Development.The principal federal agency responsible for implementing certain federal housing and community development programs. OHCS—The Office of Housing and Community Development for the City of Eden Prairie, which is a division of the Community Development Department. 14 "At 701 EDEN PRAIRIE APPLICATION FOR I IV=.Lm DPK.D.E AM EDEN PRAIRIE'S FIRST TIME HOMEBUYER PROGRAM Please return application to: City of Eden Prairie Office of Housing and Community Services 8080 Mitchell Rd Eden Prairie,MN 55344 If you have questions,please contact Jeanne Karschnia,952-949-8486, or jarschnia@edenprairie.org. A. APPLICANT INFORMATION Applicant First Name Middle Initial Last Name Date of Birth Co-Applicant First Name Middle Initial Last Name Date of Birth Other Household Members: Name Age Name Age Name Age Name Age Current Address Street Address City State Zip Code Telephone Numbers: Home Work Cell E-mail Address: EdenPrairieFirstTimeHomebuyerApplication/2.28.11 B. HOUSING INFORMATION Present type of housing? Current monthly payment for housing? Have you ever owned a home? If yes,when did you sell or move out? If yes,were you displaced due to a divorce? If yes,have you had a previous loan through The City of Eden Prairie If yes,please provide the property address Street Address City State Zip Code C. RACIAL/ETHNICITY INFORMATION Please indicate the race and ethnicity of the Head of Household. HUD requests this information for statistical purposes only. Please check all that apply. Race: White American Indian/Alaskan Native Black Native Hawaiian/Other Pacific Islander Asian Asian Pacific Islander Ethnicity: Hispanic Non-Hispanic D. INCOME INFORMATION Please list all sources of income and gross (before withholding) earnings for the household. Include full and part-time employment as well as other income(i.e. social security, alimony, child support, etc.). Attach additional sheets if necessary. Household Member Source of Income Gross Earnings Gross Annual Earnings $ Per $ Per $ Per $ Per Total Gross Annual Earnings for the Household Employer Information: Employer Name Street Address City State Zip Code Supervisor's Name Supervisor's Telephone Number Additional Employer Information: Employer Name Street Address City State Zip Code Supervisor's Name Supervisor's Telephone Number E. ASSET INFORMATION Please provide all checking and savings account numbers and balances for the household. Attach additional sheets if necessary. Name of Bank/Credit Union Account Balance Excluding one automobile, clothing and furniture,please list the value of any additional assets (i.e. snowmobile,boat, etc.)owned by the household. F. HOMEBUYER EDUCATION/LENDER INFORMATION Please provide the following information for the homebuyer education class you attended: Name of Class(i.e."Home Stretch Workshop"through CAPSH,etc.) Date Completed Please provide the following information for the primary lender you are working with: Name of Bank/Mortgage Company Name of Loan Officer Phone Number of Loan Officer CERTIFICATION UWe hereby certify that the foregoing information is true and complete to the best of my knowledge and belief and inquiries may be made to verify the statements herein. UWe understand that applications will be reviewed according to eligibility criteria established by the City of Eden Prairie. Applicant Signature Date Co-Applicant Signature Date In addition to the application,please also submit the following information to determine eligibility for the loan program: • Complete tax returns from the last 2 years • 2 months of pay check stubs for all household members • 2 most recent bank statements(checking and savings) • Any additional income verification such as SSI, child support payments, dividends, etc • Certificate for participating in Homebuyer training(must be submitted prior to closing) • Purchase Agreement(signed by both buyer and seller) • Release of Information(attached) WARNING: Section 1001 of Title 18 U.S. Code makes it a criminal offense to make false statements or misrepresentations to any department of Agency of the U.S. as to matters within its jurisdiction. RELEASE OF INFORMATION FOR EDEN PRAIRIE FIRST TIME HOMEBUYER PROGRAM I hereby authorize the City of Eden Prairie and its staff right to access financial records held by any financial institution and the Department of Housing and Urban Development(HUD), in connection with any pending participation in Eden Prairie's First Time Homebuyer Program.Financial records involving this participation/transaction will be available to the City of Eden Prairie staff representatives, or other financial institutions and representatives as determined by the purchaser or seller, and the Department of Housing and Urban Development without further notice or authorization but will be disclosed or released to another government agency, department, or individual without consent except as required or permitted by law.Failure to release such information will disqualify you from participation in this program. Applicant(Print name) Signature Date Applicant Spouse (Print name) Signature Date Street Address City/State Zip Code in EQUAL HOUSING OPPORTUNITY Program Description If you are a first time home buyer and you want to buy a home in Eden Prairie,you may qualify for a program that will help assist in the costs of purchasing a home. Eden Prairie • This is a zero interest,deferred loan of up First Time to $25,000,with the City of Eden Prairie Homebuyer Program holding a second mortgage on the property. • Financial assistance can be used for part of the required down payment (up to 50%), closing costs (up to$5,000) and mortgage principle reduction (up to 10%of the pur- chase price or$20,000). • Repayment of the loan is required if the 0111110 home is sold or is no longer the Borrower's L; • ,,, principal place of residence within the first ui H.1 30 years of ownership. After 30 years,the loan becomes due and payable. g I1I± I • Applicants are accepted on a first come first served basis. • Program guidelines and income requirements are subject to change. EDEN The City of Eden Prairie PRAIRIE 8080 Mitchell Road L1YE.WDPV,0.ESN Eden Prairie, MN 55344 Phone: 952.949.8486 City of Eden Prairie Fax: 952.279.8226 952.949.8486 jkarschnia@edenprairie.org How to Participate Eligibility Criteria Participating Lenders • Make Sure You're Eligible. The first step • You must be a first time homebuyer(have Eligible lenders are located on the Minnesota is to determine if you are eligible. not owned a home in the last three years Housing Finance Agency website: See Eligibility Criteria. or have been displaced due to a divorce www.mnhousing.gov situation.) • Educate Yourself. The second step is to Click on the Home Buyers dropdown and attend the homebuyer classes provided by • You must buy a home in Eden Prairie click on Find a Lender Community Action Partnership of Suburban Hennepin (CAPSH).You must attend all of • You must register and attend all home- the homebuyer training sessions as well as a buyer training sessions through CAPSH free personal counseling session. Register for classes by calling 952-933-9639. The information provided in the sessions will • Your household income may not exceed help you determine if owning a home is right the maximum income limits by household for you. size. • Get Pre-Approved. The third step is to Household Combined Income Application meet with one of the Participating Lenders Size Limit to get pre-approved for a mortgage. The lender will also work with you to determine One $ 45,100 the mortgage product that is right for you. Two 51,550 Applications may be found online at www.edenprairie.org by searching Three 58,000 First Time Homebuyer. • Apply to the City of Eden Prairie. The fourth step is to complete and submit an Four 64,400 application packet with qualification letter Five 69,600 You may also request an application by email at for the Eden Prairie program. Call the City Six 74,750 jkarschnia@edenprairie.org or by phone, of Eden Prairie at 952 949 8486 for an 952-949-8486. application. Seven 79,900 Eight 85,050 • Find a Home. The fifth and final step is to begin looking for a home in Eden Prairie. Contact the lender and the city when you sign a purchase agreement. • Do not sign a purchase agreement on a property currently occupied by a renter. CITY OF EDEN PRAIRIE FIRST TIME HOMEBUYER PROGRAM REPAYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 ,by and between (hereinafter referred to as "Borrower"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as "Lender"). WHEREAS, Lender has loaned to Borrower by paying ($ ) dollars on Borrower's behalf, to the seller at closing, as a down payment for the purchase of residential housing to be owned and occupied by Borrower(hereinafter referred to as "the loan"), the receipt and sufficiency of which is hereby acknowledged by Borrower, said real estate being legally described in Exhibit A attached; and WHEREAS, in accordance with the provisions of said Minnesota Statutes, Borrower and Lender desire to set forth herein the provisions for Borrower's repayment of the Loan, and to provide for securing said repayment with a mortgage on the property described below (hereinafter referred to as "the Lien"). NOW, THEREFORE, in consideration of said Loan and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1 1. Borrower covenants and agrees with Lender to pay to the order of Lender the principal sum of the Loan at the office of the Lender, or at such other place as Lender may designate in writing delivered or mailed to the Borrower,upon the occurrence of any of the following events: a. If the real estate hereinafter described is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise); and whether voluntary or involuntary, either while the Borrower is living or by reason of the death of the Borrower (excluding the transfer of said property by operation of law or devised to a surviving Borrower joint tenant or former tenant in common, for so long as said surviving Borrower joint tenant, devisee or owner occupies said property as his or her principal place of residence); or b. If the real estate described below ceases for any reason to be the Borrower's principal place of residence. Repayment of the Loan as required under the terms of this paragraph 1 shall be made to Lender not later than the date of closing of the sale, transfer or other conveyance referred to in paragraph 1(a), above, or the date upon which the real estate ceases to be the Borrower's principal place of residence as provided in paragraph 1(b)thereof,whichever is earlier. Not withstanding anything in this Agreement to the contrary. Borrower agrees to repay the principal sum of the loan on (the thirtieth anniversary date), unless Borrower and Lender agree in writing to extend the Loan and the Lien. 2. Borrower covenants with Lender that Borrower is eligible for the Loan under the following conditions: a. The property described below will be owned by and will be the principal residence of the Borrower as of the date of the Loan, and the Borrower has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Borrower in said property to another; and b. The proceeds of the Loan will be used as a down payment for the purchase of the property; and c. Borrower has made no material misstatement of fact in connection with Borrower's application for the Loan. d. Borrower further specifically covenants and agrees with Lender that Borrower's breach of the provisions of this paragraph 2 constitutes an event requiring repayment of the Loan in the manner provided in paragraph 1 and an event of default permitting foreclosure of the Lien in the manner provided in paragraph 5. 3. As security for Borrower's personal covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Borrower hereby grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described, together with all 2 hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney's fees of collecting the same. The said real estate subject to said lien is situated in Hennepin County, Minnesota, and is legally described on Exhibit A attached hereto. 4. Borrower shall give written notice to Lender 30 days prior to the date of the closing of any sale, transfer, or other conveyance of the property or the date upon which said property ceases to be the Borrower's principal place of residence. 5. In the event Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, or otherwise or in any way be in default under the terms and conditions of this Agreement, the Borrower confers upon the Lender the option of declaring all sums then owing by the Borrower immediately due and payable without notice and confesses judgment in said amount, and hereby authorizes and empowers the Lender to enter said judgment and to foreclose this Lien by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney's fee permitted by law, which costs, charges and fees Borrower herein agrees to pay. Borrower and Lender further covenant and agree as follows: a. Borrower shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. b. Upon default of any covenant or agreement by Borrower under the terms of this Agreement, prior to foreclosure Lender shall mail notice to Borrower as provided herein specifying (i) the nature of the default by the Borrower, (ii) the action required to cure such default, (iii) a date, if such default is capable of being cured by Borrower, not less then thirty(30) days from the date the notice is mailed to Borrower by which such default, if capable of being cured, must be cured; and (iv) that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Mortgage and sale of the mortgaged premises. c. The notice shall further inform Borrower of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and sale. d. In addition to any notice required under applicable law to be given in another manner, (i) any notice of the Borrower provided for this Agreement shall be given by mailing such notice by certified mail addressed to the Borrower at the address of the liened premises, or at such other address as the Borrower may designate by notice in writing to the Lender as provided herein, and (ii) any notice to the Lender shall be given by certified mail, return receipt requested, to Lender at the address of the city on page one of this Agreement, or to such other address as Lender may designate by notice in writing to the Borrower as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 3 6. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular number shall include the plural, and the plural and singular. All covenants and agreements of the Borrower shall be joint and several. 7. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provisions of the Agreement are declared to be severable. CITY OF EDEN PRAIRIE MAYOR, CITY OF EDEN PRAIRIE BORROWER(S) CITY MANAGER, CITY OF EDEN PRAIRIE STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20 , a Notary Public within and for said County, personally appeared To me known to be the person(s) described in and who executed the foregoing instrument and acknowledged that he executed the same as free act and deed. Notary Public Hennepin County, Minnesota My Commission Expires: 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20 , a Notary Public within and for said County, personally appeared , Mayor of the City of Eden Prairie, and by , City Manager of the City of Eden Prairie, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged that he executed the same as free act and deed. Notary Public Hennepin County, Minnesota My Commission Expires: On this day of , 20 , a Notary Public within and for said County, personally appeared To me known to be the person(s) described in and who executed the foregoing instrument and acknowledged that he executed the same as free act and deed. Notary Public Hennepin County, Minnesota My Commission Expires: 5 This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan,LTD 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 (612) 338-0755 This instrument is exempt from registration tax under Section M.S. 287.04(f) of Minnesota Statutes. 6 CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Janet Jeremiah, Community Information on a forthcoming project called a ITEM NO.: XIV.C.2. Development Director Housing Improvement Area. Molly Koivumaki, Housing and Community Services Requested Action No action requested. This is an information item on a financial tool called a Housing Improvement Area(HIA), which will help townhouse and condo developments make necessary structural improvements. Background An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. In 2006, a Housing Task Force convened by the city recommended the use of HIA's as a tool to help sustain aging townhouse and condo developments. State Statute 428A.13 addresses the establishment of an HIA. A copy of that ordinance is attached. Basic components of the HIA: • The Association borrows low interest money from the City • Permanent, common area improvements are completed • Unit owners repay the loan through fees imposed on their properties, and collected with property tax payments • Associations must initiate the request • Improvements must be common area improvements • This is last resort financing,used when associations have no other viable options for raising money for improvements • Over 50% of the owners must sign a petition requesting the City Council to conduct a public hearing to consider implementing the housing improvement area • A veto period exists where 35% of the owners can stop the process • The average market value for units must be at or less than the value of homes in the first time homebuyer programs, in 2011, this is $298,125 The city has received interest from a townhouse association in implementing an HIA in their 20 unit development. Attachments State Statute 428A.13 428A.13, Minnesota Statutes 2007 Page 1 of 2 innesota Legislature Home I Links to the World I Help I Advanced Search Office of the Revisor of Statutes . : House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes,Laws,and Rules Minnesota Statutes Table of Chapters Chapter 428A Table of Contents 428A.13, Minnesota Statutes 2007 Copyright©2007 by the Office of Revisor of Statutes, State of Minnesota. 428A.13 ESTABLISHMENT OF HOUSING IMPROVEMENT AREA. Subdivision 1.Ordinance.The governing body of the city may adopt an ordinance establishing one or more housing improvement areas.The ordinance must specifically describe the portion of the city to be included in the area,the basis for the imposition of the fees,and the number of years the fee will be in effect.In addition,the ordinance must include findings that without the housing improvement area,the proposed improvements could not be made by the condominium associations or housing unit owners,and the designation is needed to maintain and preserve the housing units within the housing improvement area.The ordinance shall designate the implementing entity.The ordinance may not be adopted until a public hearing has been held regarding the ordinance.The ordinance may be amended by the governing body of the city, provided the governing body complies with the public hearing notice provisions of subdivision 2. Within 30 days after adoption of the ordinance under this subdivision,the governing body shall send a copy of the ordinance to the commissioner of revenue. Subd.2.Public hearing.The notice of public hearing must include the time and place of hearing,a map showing the boundaries of the proposed area,and a statement that all persons owning housing units in the proposed area that would be subject to a fee for housing improvements will be given an opportunity to be heard at the hearing.Notice of the hearing must be given by publication in the official newspaper of the city.The public hearing must be held at least seven days after the publication.Not less than ten days before the hearing,notice must also be mailed to the owner of each housing unit within the proposed area.For the purpose of giving mailed notice,owners are those shown on the records of the county auditor.Other records may be used to supply the necessary information.At the public hearing a person owning property in the proposed housing improvement area may testify on any issues relevant to the proposed area. The hearing may be adjourned from time to time.The ordinance establishing the area may be adopted at any time within six months after the date of the conclusion of the hearing by a vote of the majority of the governing body of the city. Subd.3.Proposed housing improvements.At the public hearing held under subdivision 2, the proposed implementing entity shall provide a preliminary listing of the housing improvements to be made in the area.The listing shall identify those improvements,if any,that are proposed to be made to all or a portion of the common elements of a condominium.The listing shall also identify those housing units that have completed the proposed housing improvements and are proposed to be exempted from a portion of the fee.In preparing the list the proposed implementing entity shall consult with the residents of the area and the condominium associations. Subd.4.Benefit;objection.Before the ordinance is adopted or at the hearing at which it is to be adopted,the owner of a housing unit in the proposed housing improvement area may file a written objection with the city clerk asserting that the owner's property should not be included in the area or should not be subjected to a fee and objecting to the inclusion of the housing unit in the area,for the reason that the property would not benefit from the improvements. The governing body shall make a determination of the objection within 60 days of its filing. Pending its determination,the governing body may delay adoption of the ordinance or it may adopt the ordinance with a reservation that the landowner's property may be excluded from the housing improvement area or fee when the determination is made. Subd.5.Appeal to district court.Within 30 days after the determination of the objection, mhtml:file://K:\Administration\Agenda Preparation\City Council Agenda Packet Items\20... 3/11/2011 428A.13, Minnesota Statutes 2007 Page 2 of 2 any person aggrieved,who is not precluded by failure to object before or at the hearing,or whose failure to object is due to a reasonable cause,may appeal to the district court by serving a notice upon the mayor or city clerk.The notice shall be filed with the court administrator of the district court within ten days after its service.The city clerk shall furnish the appellant a certified copy of the findings and determination of the governing body.The court may affirm the action objected to or,if the appellant's objections have merit,modify or cancel it.If the appellant does not prevail upon the appeal,the costs incurred are taxed to the appellant by the court and judgment entered for them.All objections are deemed waived unless presented on appeal. History: 1996 c 471 art 8 s 9;2000 c 490 art 11 s 4,5 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol,visit the Contact Us page. General questions or comments. mhtml:file://K:\Administration\Agenda Preparation\City Council Agenda Packet Items\20... 3/11/2011 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director March 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Stuart Fox, Parks and Natural Award Bid for the Flying Cloud Athletic Resources Manager, Parks and Field Expansion to Chard Tiling and Recreation Excavating, Inc. Motion Move to: Award the bid for the construction of the Flying Cloud Athletic Field Expansion to Chard Tiling and Excavating, Inc. in the amount of$1,200,191.77. Synopsis Plans and specifications were prepared for this athletic field and parking lot project. The bid opening was held on March 10, 2011. There were a total of 16 bidders and the bids ranged from a low of $1,200,191.77 to a high of$1,883,612.00. The bid summary as read is as follows: Bidder Bid"A" Bid"B" Alt.#1 Alt.#2 Alt.#3 Engineer's Estimate $1,304,858.50 $27,577.00 $32,612.50 $12,586.00 $14,000 Chard Tiling&Excavating,Inc $1,133,784.75 $19,811.95 $33,499.41 $11,095.66 $2,000 Friedges Contracting, Inc. $1,169,423.10 $20,961.65 $30,784.10 $11,564.50 $7,500 Northwest Asphalt, Inc. $1,236,135.48 $22,535.79 $26,600.10 $12,250.02 $2,000 Quiring Excavating,LLC $1,272,482.59 $33,753.00 $28,519.00 $18,532.00 $12,000 Peterson Companies $1,274,885.82 $29,556.33 $27,188.01 $17,081.80 $21,000 Minger Construction,Inc. $1,288,653.20 $22,414.45 $31,146.55 $17,536.70 $7,370 Enebak Construction Co. $1,350,243.71 $27,679.59 $30,300.86 $16,992.80 $12,000 Frattalone Companies $1,352,502.78 $32,307.41 $36,382.66 $17,202.24 $22,110.26 Minnesota Dirt Works, Inc. $1,369,995.45 $24,681.00 $29,728.00 $15,991.30 $7,000 Doboszenski& Sons,Inc. $1,432,147.67 $29,073.00 $29,563.30 $20,138.45 $13,500 Fehn Companies,Inc. $1,437,247.74 $24,527.06 $31,577.65 $13,979.16 $2,040 Burski Excavating, Inc. $1,463,380.95 $32,690.00 $30,018.00 $15,724.00 $14,000 North Pine Aggregates,Inc. $1,490,942.75 $27,777.80 $31,210.35 $14,740.92 $2,307.98 Veit&Company, Inc. $1,533,694.95 $35,155.75 $32,575.15 $12,333.90 $2,000 Max Steininger,Inc. $1,580,577.84 $33,995.14 $28,874.77 $12,993.08 $2,100 Cobalt Contracting $1,798,070.00 $32,929.00 $36,917.00 $13,496.00 $2,200 Bid Column Summary Notes: Bid"A"=Site grading on City"leased property"for construction of ballfields/parking lots etc. Bid`B"=Site grading on MAC three acre development site(MAC to reimburse City for these project costs.) Alt.#1 =Plaza paving,portable toilet restroom enclosure walls and drinking fountains Alt.#2=Side fencing for larger baseball field(option requested by EP Baseball Assoc) Alt.#3=Reinforced outfield fencing(option requested by EP Baseball Assoc.) The consultant for the project is HTPO and their recommendation is to award the bid to the lowest bidder, Chard Tiling and Excavating, Inc. Staff also recommends that the contract be awarded to Chard Tiling and Excavating. City will seek reimbursement for$19,811.95 of project costs from the MAC. Award Bid for Flying Cloud Athletic Field March 15, 2011 Page 2 The consultants estimate for all the work for this project was $1,391,634.00. Construction should begin in May with a substantial completion date of September 1. The final completion date of June 15, 2012, is required installation of the final bituminous wear course materials and removal of all erosion control measures. Background The scope of this project is the mass grading of 28 acres of land to build four athletic fields, an access road, parking lots and infiltration basins on MAC leased property. There is a three acre portion of the area that will be graded and restored for future development by the MAC. That portion of the construction cost would be billed to MAC for reimbursement. The Flying Cloud Athletic Field expansion improvements have been in the planning/development process since 2002. The funding for this project comes from the 2005 Park Bond Referendum which earmarked money for a variety of park improvement projects within the city. All of the referendum park improvement projects have been completed except for this project. 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Checked by LAJ FOR CONSTRUCTION CITY PROJECT NO. I.C.# 6702 FLYING CLOUD ATHLETIC FIELDS EXPANSION � � = 7510 Market Place Drive • Eden Prairie,MN 55344 Date 12-15-10 LAURIE A. JOHNSON CLIENT PROJECT N0. EDEN PRAIRIE MN 15 SHEETS J 952-829-0700 • 952-829-7806fax i Ili CO D L 1 1 1 Lic. No. _ 18506 Date: 1 1