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HomeMy WebLinkAboutCity Council - 12/16/1997 AGENDA HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 16, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Chair Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Administrator Chris Enger, HRA Attorney Roger Pauly, and HRA Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER II. PROJECT MANAGEMENT AGREEMENT - EDENVALE TOWNHOUSE PROJECT - Adopt the Resolution authorizing the Chair and Executive Director of the HRA to execute the Project Management Agreement for the Edenvale Family Townhouse Development (Resolution) III. OTHER BUSINESS IV. ADJOURNMENT HOUSING & REDEVELOPMENT AUTHORITY AGENDA: DATE: December 16, 1997 Consent Calender DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Project Management Agreement Chris Enger/David Lindahl - Edenvale Townhouse project REQUESTED HRA ACTION: Adopt the resolution authorizing the Chair and Executive Director of the HRA to execute the attached Project Management Agreement for the Edenvale Family Townhouse Development. BACKGROUND: All the terms relating to the Tax Increment Financing (TIF) and Community Development Block Grant loans (CDBG), repayment requirements, rent levels, and annual reporting requirements are outlined in this agreement. SUPPORTING INFORMATION: Resolution Agreement h\wperfect\housing\edenvale\h raag ree.97 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, EDEN PRAIRIE, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF THE PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE ("AGENCY") AND EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP ("DEVELOPER") WHEREAS, the Developer is the owner of certain real property located in the City of Eden Prairie on which the Developer is to construct a 32-unit family affordable housing project to be occupied by low-income persons as described in the Project Management Agreement; and WHEREAS, to assist the Developer in the construction of the project, the Agency has agreed to provide a loan to the Developer pursuant to the Project Management Agreement; and WHEREAS, the Agency has also agreed to provide tax increment financing to reimburse the Developer for certain qualified costs pursuant to Minnesota Statutes §§ 469.174 to 469.179 as amended; and WHEREAS, the Agency and Developer desire to enter into a written agreement with regard to the development and operation of the project; NOW, THEREFORE, BE IT RESOLVED: 1. The Project Management Agreement is approved substantially in the form submitted and the Agency is authorized to enter into said Agreement. 2. The Project Management Agreement is directed to be executed in the name and on behalf of the Agency by its Chairperson and its Administrator. In the absence of the Chairperson and its Administrator, the document authorized by this Resolution may be executed by the Acting Chairperson and designee of the Administrator, respectively. 3. The approvals hereby given to the document referred to above include approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Agency's counsel and the officials authorized herein to execute such document prior to its execution; and said officials are hereby authorized to approve said changes on behalf of the Agency. The execution of any instrument by the appropriate officer or officers of the Agency herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms thereof. 2 4. The Resolution shall take effect immediately. Passed by the Housing and Redevelopment Authority in and for the City this day of , 1997. Chairperson Attest Administrator rfr\ep\resoluti\proj mgm.agr • PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (Agency) AND EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP (Developer) DRAFT: 12/09/97 THIS PROJECT MANAGEMENT AGREEMENT is made as of December , 1997 between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota (the "Agency"), and EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Developer"). RECITALS: WHEREAS, the Developer is the owner of that certain real property located in the City of Eden Prairie (the "City") and legally described as set forth on Exhibit A, on which the Developer is to construct a 32-unit, family affordable housing project to be occupied exclusively by low- income persons as described in subsection 3.1 (the "Project"); and WHEREAS, to assist the Developer in the construction of the Project, the Agency has agreed to provide a loan to the Developer in the principal amount of$187,524 pursuant to the terms and conditions of subsection 2.2; and WHEREAS, the Agency also has agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "Tax Increment Act"); and WHEREAS, the Agency and the Developer desire to provide a written agreement with regard to the development and operation of the Project. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Agreement, the parties agree as follows: 1. Project Management. The Agency and the Developer agree that the Developer's management of the Project following completion of construction shall be subject to the terms and conditions set forth in this Agreement, including the remedies for noncompliance set forth herein or otherwise available by law. The Developer agrees that the Project will be completed and operational on or before December 31, 1998. If the Project is not completed and operational on or before December 31, 1998, other than for reasons outside of the Developer's control, the Developer shall be in default of this Agreement and subject to all remedies available to the Agency. 2. Agency Obligations. 2.1 Subject to all of the terms and conditions of this Agreement, the Agency agrees to provide, or to make available to, the Developer with regard to the Project the following. 2.2 The Agency shall make a loan to the Developer in the original principal amount of One Hundred Eighty-Seven Thousand Five Hundred Twenty-Four and no/100 Dollars ($187,524.00) from Community Development Block Grant Funds, which the Developer shall use to pay land costs (the "CDBG Loan"). The CDBG Loan shall bear simple interest at the rate of 5% per annum. Subject to the following sentence and to the HUD provisions set forth in Section 7 of this Agreement, interest and principal shall be paid in semiannual payments on June 30 and December 31 in the amounts stated in the loan repayment schedule attached as Exhibit B, commencing June 30, 2000 and continuing through and including the earlier of(a) December 31, or (b) a sale or exchange of the Project by the Developer, at which time all principal plus accrued but unpaid interest remaining shall be paid in a lump sum. The Developer will be obligated to make a semiannual payment only to the extent that the ratio of (x) Available Cash from the operation of the Project for the semiannual period, as determined through 15 days prior to -2- S the payment date to (y) the amount of cash required to pay the Developer's debt service obligations with respect to the first mortgage loan to Glaser Financial Group, Inc. ("Glaser"), the second mortgage loan to Glaser, the mortgage loan to the Family Housing Fund (the "FHF"), and the mortgage loan to the Agency (such mortgage loans, collectively, the "Other Project Debt") for the semiannual period exceeds 1.15:1. The term"Available Cash" shall mean the amount by which the Developer's cash proceeds for the semiannual period from all sources other than capital contributions to the Developer or other capital transactions, which are transactions other than in the Developer's ordinary course of business, exceeds its cash expenditures for the semiannual period, including amounts required to be contributed to reserve accounts, but not including the amount of the Developer's debt service obligations for the semiannual period. To the extent that the amount of excess Available Cash available to be applied toward a semiannual payment on the CDBG Loan is not sufficient to pay interest that accrued on the CDBG Loan during the semiannual period, the payment of the unpaid accrued interest on the CDBG Loan will be deferred to subsequent semiannual payments, the unpaid accrued interest will not compound, and the Developer will remain obligated to pay the unpaid accrued interest. Each semiannual payment will be applied first to the payment of accrued interest on the CDBG Loan and second, to the extent of any remaining amount, to the payment of principal on the CDBG Loan. The CDBG Loan shall be evidenced by a promissory note to be executed and delivered by the Developer to the Agency in the form attached as Exhibit C (the "CDBG Note") and shall be secured by a mortgage on the Project, subordinate to a first mortgage and a second mortgage to Glaser, a mortgage to the FHF, and a mortgage to the Agency in the form attached as Exhibit D (the "CDBG Mortgage"). The payment of interest and -3- principal on the CDBG Loan is subject to the HUD provisions set forth in Section 7 of this Agreement. 2.3 The Agency has established the Qualified Housing District in conformance with Minnesota Statutes, Sections 469.001 to 469.047, formerly Chapter 462. 2.4 The Agency has created, in conformance with the Tax Increment Act, a Housing Tax Increment Financing District No. 14 (the "TIF District") within the Redevelopment Project, which TIF District shall include the Project. 2.5 If all other terms and conditions of this Agreement have been complied with and performed, the Agency shall pay to the Developer or its lender ninety percent (90%) of the "Tax Increment," which shall mean the tax increments derived from the TIF District which have been received and retained by the Agency in accordance with the provisions of Minnesota Statutes, Section 469.177 or otherwise pursuant to the Tax Increment Act, but not to exceed ninety percent (90%) of $37,923 annually. The Agency's payment of annual tax increment funds (the "Tax Increment Funds") shall be made semi-annually in two (2) equal installments per year, each installment to be paid within ten (10) business days of receipt by the Agency of property tax revenues from Hennepin County. The Agency's obligation to make such payments is expressly contingent upon sufficient Tax Increment being generated annually to make such payments. In no event will the Agency be required to make any payments of Tax Increment Funds from any funds whatsoever other than those generated by the TIF District. The Tax Increment Funds shall come from the Tax Increment generated by the TIF District. The Tax Increment Funds shall be the Agency's contribution to the Project. 3. Developer's Obligations. 3.1 Tenants. It is the express understanding of the Developer and the Agency that one hundred percent (100%) of the dwelling units in the Project will qualify for the -4- low-income housing tax credit pursuant to Section 42 of the Internal Revenue Code of 1986 (the "Code"). As such, all of the dwelling units in the Project will be rented to individuals or families whose incomes do not exceed sixty percent (60%) of the area median gross income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, and as determined annually by HUD. The Developer must reexamine the income of each tenant household on an annual basis. If the income of a tenant did not exceed the applicable income limit upon commencement of such tenant's occupancy of a unit, the income of such tenant shall be treated as continuing not to exceed the applicable income limit until such tenant's income for a year shall exceed one hundred forty percent (140%) of the area median gross income for the Minneapolis- St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, and as determined annually by HUD, for the year. In the event that a tenant's income exceeds such income limit, the Developer will notify the tenant that the tenant must vacate the unit by the later of the date such tenant's lease expires or six months after the notice. 3.2 Rents. The gross rent charged by the Developer for each unit rented to a low-income person or family, as described in subsection 3.1, shall not exceed thirty percent (30%) of the imputed income limitation applicable to such unit, as determined under Code Section 42, less a utility allowance for utilities paid by tenants, as applicable, annually. The maximum monthly gross rent for each type of unit initially shall be as set forth in Exhibit E. 3.3 Public Disclosure. The Developer will provide tenants with written notice at least thirty(30) calendar days before implementing any rent increase. 3.4 Rent Roll. The Developer must submit for the Agency's review the Developer's initial and subsequent annual rent roll for all units in the Project, except that -5- annual submission of the"Cumulative Compliance Report" required by the MHFA shall be an adequate substitute. The Developer will submit annually the rent roll or the Cumulative Compliance Report no later than the date by which it is required to submit the Cumulative Compliance Report to the MHFA. The Agency will review the rent roll and will approve any proposed rent roll, provided that such rents are not in excess of the rent limits applicable for Code Section 42 as set forth in subsection 3.2. Any rent roll submitted by the Developer will be considered approved unless disapproved by the Agency within thirty (30) business days after submission. The Agency shall provide written reasons if any rent roll is disapproved. The Developer's failure to obtain the Agency's approval of rent rolls, unless such approval is unreasonably withheld, shall constitute a default by the Developer. 3.5 Refusal to Lease. The Developer may not refuse to lease any unit in the Project to a prospective tenant on the basis of the prospective tenant's receipt of, or eligibility for, housing assistance, social security, or other types of public or private assistance. 3.6 Enforcement of Leases. The Developer shall emphasize voluntary compliance by all tenants with their leases but shall have the right to secure full compliance by tenants with the terms and conditions of their respective leases and may terminate any tenancy when, in the Developer's sole j>, gment, sufficient cause occurs under the terms and conditions of the tenant's lease. 3.7 Maintenance and Repairs. The Developer shall cause the buildings, appurtenances, equipment, and grounds of the Project to be maintained and repaired according to local codes. 3.8 Utilities and Services. The Developer shall make arrangements for water, electricity, gas, fuel oil, sewage and trash disposal, vermin extermination, decorating, -6- Sent by: WINTHROP 'WEINSTINE 612 347 0600 12/09/97 4:1 1 PM ,letfax Job 501 Page 6/7 laundry facilities, telephone services, and such other utilities and services which are required. 3.9 1, .ur .. The Developer shall obtain and cause to be placed in force all forms of insurance as required by a lender, including but not limited to comprehensive insurance to cover all risks, including firer and extended coverage, in an amount equal to the full insurable value of the Project. 3. 10 ciot;nttmeiUal Orders Unless under formal appeal, protested in good faith by the Developer in accordance with applicable law or regulation, the Developer shall take such actions as may be necessary to comply promptly with any and all orders or requirements affecting the Project which are placed upon the Project by any federal, state, county, or municipal authority having jurisdiction over the Project. 3. 11 Res ortt..., ??d....__R.eports. The Developer shall establish and maintain a comprehensive system of records, books, and accounts in a manner reasonably satisfactory to the Agency. The Agency may inspect the same during regular business hours upon reasonable notice thereof The Developer shall submit the annual compliance reporting required by the Minnesota Housing Finance Agency (the "MHFA") for the Low-Income Housing Tax Credit Program. 3. 12 Tenants Board The Developer shall establish a Tenants Board for the Project and shall fund the Tenants Board with an annual contribution of Five Hundred and No!1,00 Dollars ($500.00). The purpose of the Tenants Board shall be to provide input to the management of the Project and to fund special projects or activities, as determined by the Tenants Board. The bylaws of the Tenants Board shall be established by the Tenants and approved by the Developer. The activities of the Tenants Board will be coordinated with any requirements imposed on the. Project by reason of certain units in the Project being MHOP units. -7- � f 3.13 Repayments. Subject to Section 7 of this Agreement, the Developer will make payments on the CDBG Loan in accordance with the CDBG Note and subsections 2.2, 4.3, 4.5 of this Agreement and will make repayments of the TIF financing in accordance with the TIF Repayment Note and subsections 4.3 and section 5 of this Agreement. 3.14 Additional Debt. The Developer will not incur debt, except for the Other Project Debt and other than in the Developer's ordinary course of business, without the Agency's written approval, which approval shall not be unreasonably withheld. 4. Termination of Agreement. This Agreement shall remain in full force and effect unless and until terminated as provided below. 4.1 Termination by Mutual Consent. To the extent allowed by law, this Agreement may be terminated by mutual written consent of the Agency and the Developer, provided that said termination must be approved by the lender(s) to the Project. 4.2 Termination by Right. The Developer shall have the unilateral right to terminate this Agreement at any time following the fifteen- (15-) year anniversary of the Agreement; provided, however, as a condition precedent to such termination, the Developer shall tender to the Agency the then unpaid balance of the CDBG Loan, together with the then accrued but unpaid interest. In the event the Developer fails to tender repayment of the CDBG Loan in full, plus all accrued but unpaid interest, as required by this provision, the Agency or its assigns, in addition to all other remedies, may proceed immediately to foreclose its subordinated mortgage on the Project in accordance with the terms of the CDBG Note and the CDBG Mortgage. 4.3 Termination by Agency for Cause. a. If during the term of this Agreement, the Developer shall fail to comply with the terms of this Agreement, the Agency may provide notice -8- II of such default or failure and, if the Developer fails to cure within sixty (60) calendar days or such greater time as allowed by Agency, may terminate this Agreement for cause upon thirty (30) calendar days' written notice to the Developer. Termination of this Agreement for cause shall subject the Developer to the remedies set forth in this Agreement or otherwise. b. Notwithstanding any provision to the contrary other than the HUD provisions set forth in Section 7 of this Agreement, and in addition to any other remedy, the Developer, in the event that this Agreement is terminated by the Agency for cause, and upon the receipt of a written demand by the Agency therefor, shall tender immediately to the Agency (i) the then unpaid balance of the CDBG Loan, together with accrued but unpaid interest and/or (ii) an amount equal to the present value (as estimated by the Developer and the Agency) of the Tax Increment Funds provided prior to the date of such payment, provided such amount shall not exceed Two Hundred Forty-Three Thousand and No/100 Dollars ($243,000.00). For purposes of determining the present value of such Tax Increment Funds, a discount rate of nine percent (9.0%) shall be presumed. In the event the Developer fails to tender repayment of the CDBG Loan in full, plus all accrued but unpaid interest, as required by this provision, the Agency or its assigns, in addition to all other remedies, may proceed immediately to foreclose its subordinated mortgage on the Project in accordance with the terms of the CDBG Note and the CDBG Mortgage. 4.4 Termination by Developer for Cause. In the event that during the term of this Agreement, the Agency fails to provide annual Tax Increment Funds as provided for in subsection 2.5 hereof within ten (10) business days of receipt by the Agency of property tax revenues from Hennepin County, and the Agency has received from Hennepin County sufficient Tax Increment to make the required Tax Increment Fund payments, then Agency shall be in intentional default of this Agreement. The Developer shall provide written notice of such default, and, if the Agency fails to cure within thirty (30) calendar days or such greater time as allowed by the Developer, the Developer may either: a. Commence an action in Hennepin County District Court for specific performance to compel the Agency to provide to the Developer all Tax Increment generated by the TIF District, up to the amount of the Annual Tax Increment Funds to be provided pursuant to subsection 2.5 hereof; or b. Terminate this Agreement for cause upon thirty (30) days' written notice to the Agency. If this Agreement is terminated by the Developer for cause due to Agency's intentional default, the Developer shall not be obligated to repay the Agency any unpaid portion of the One Hundred -9- dl Eighty-Seven Thousand Five Hundred Twenty-Four and No/100 Dollars ($187,524.00) CDBG Loan and shall not be obligated to repay the Agency any portion of the Tax Increment Funds provided through the date of termination, the CDBG Mortgage shall be released, and the Agency shall take all necessary actions to memorialize the release of the CDBG Mortgage, including the execution of a recordable release; provided, however, that all Tax Increment Funds in the Developer's possession at the time of the termination of the Agreement shall be applied by the Developer to reduce rents for the Project, thus alleviating the hardship which would be caused to tenants if the Project were immediately converted to market- rate rents. The Agency and the Developer shall agree on the application of said funds to reduce rents, and the Agency shall have the right to examine the Developer's records to ensure that the Tax Increment Funds are being applied to reduce rents. 4.5 Termination Due to Causes Beyond Agency's Control. In the event that during the term of this Agreement, the Agency fails to provide Tax Increment Funds in the amount determined pursuant to subsection 2.5 hereof within ten (10) business days of receipt by the Agency of property tax revenues from Hennepin County because the Agency has not received from Hennepin County sufficient Tax Increment to make the required Tax Increment Fund Payments, then the Agency shall have been unable to perform under the terms of this Agreement for reasons beyond its control. The Developer shall provide written notice of such nonperformance, and the Agency shall have thirty (30) calendar days, or such greater time as allowed by the Developer, in which to determine whether to replace the Tax Increment Funds with payments to the Developer of other City or Agency funds. If the Agency elects not to replace the Tax Increment Funds, the Developer may terminate this Agreement upon thirty (30) calendar days' written notice to the Agency. Each time the Agency fails to make the required Tax Increment Fund payments for reasons beyond its control shall constitute a separate event of nonperformance under this subsection 4.5. Failure of the Developer to terminate this Agreement due to such nonperformance shall not waive the Developer's right to terminate under this subsection 4.5 with respect to any future nonperformance. If this Agreement is terminated by the Developer due to nonperformance beyond the control of the Agency, all -10- I� of the Developer's and the Agency's obligations under this Agreement shall cease, except that the Developer shall repay to the Agency the then unpaid balance of the CDBG Loan, together with accrued but unpaid interest, but shall not be obligated to repay any portion of the Tax Increment Funds provided. 5. Repayment of TIF. In addition to the repayment of the CDBG Loan as set forth in subsection 2.2, and in the event that the TIF financing described in subsection 2.5 is made available to the Developer in an amount equal to ninety percent (90%) of$37,923 annually during fourteen (14) years of the fifteen- (15-) year term, the Developer shall pay the Agency an amount equal to Two Hundred Forty-Three Thousand and No/100 Dollars ($243,000.00) which represents the Developer's and the Agency's estimated present value of the Tax Increment Funds. In the event TIF financing is made available for less than fourteen (14) years of the fifteen- (15-) year term or if the Agency makes available to the Developer Tax Increment Funds in an amount that is less than ninety percent (90%) of$37,923 for any year during the fifteen- (15-) year term, and subject to the terms of Section 4 of this Agreement, the Developer shall pay to the Agency the present value of the Tax Increment Funds actually received by the Developer, but in no event more than Two Hundred Forty-Three Thousand and No/100 Dollars ($243,000.00). For purposes of determining the present value of such Tax Increment Funds, a discount rate of nine percent (9.0%) shall be used. The total amount which the Developer shall be obligated to pay pursuant to either alternative will be the"TIF Repayment." The Developer shall make semiannual payments toward the repayment of the TIF Repayment on June 30 and December 31 of each year, beginning on the first June 30 or December 31, whichever is applicable, following the Developer's payment in full of the CDBG Loan. The Developer shall be obligated to make a semiannual payment in an amount equal to, and only to the extent that, the ratio of(x) Available Cash (as defined in subsection 2.2) from the operation of the Project for the semiannual period, as determined through 15 days prior to the payment date to (y) the amount of cash required to pay -11- tA Sent by: WINTHROP WEINSTINE 612 347 0600 12/09/97 4:11PM JiX Job 501 Page 7/7 the Developer's debt service obligations with respect to the first mortgage loan to Glaser, the second mortgage loan to Glaser, the mortgage loan to FIE, and the mortgage loan to the Agency for the semiannual period exceeds 1.15:1. Upon the earlier to occur of the following, any unpaid amount of the TIP Repayment shall be due and payable: a. upon a sale or exchange of the Project by the Developer; or b.. in the event that the Developer owns the Project as of December 3 1, on such date.. The T.lF Repayment is subject to the iILJD provisions set forth in Section 7 of this Agreement. The T1.1, Repayment shall be evidenced by a promissory note to be executed and delivered by the Developer to the Agency in the form attached as ;.hibjt F (the "TIF Repayment Note") 6. .Assjgnments.. 6..1 This Agreement shall inure to the benefit of and constitute a binding obligation upon the Agency, the Developer, and their respective successors and assigns. Any assignee, successor, buyer, lessee, or transferee of the Developer shall be subject to all of the terms and conditions of this Agreement. 6.2 The Developer may sell, transfer, or assign its interest in the Project and this Agreement to any buyer which expressly assumes all of the Developer's obligations under this Agreement. No such sale, transfer, or assignment shall be effective until the Agency has received written notice from Developer and has given its written approval; pLQyideci, hgwizyps, that the Agency shall be deemed to have approved said sale, transfer, or assignment if Agency does not give written notice within sixty (60) calendar days of receiving notice thereof. The approval required by this subsection 6.2 shall not be unreasonably withheld by the Agency. 6.3 Notwithstanding anything in this section 6 to the contrary, the Developer may transfer ownership of' any portion of the Project, provided that the Developer continues to maintain controlling ownership in the Project itself, expressly remains liable -12- under the terms of this Agreement, and retains authority to act on behalf of any other owners with respect to this Agreement. 7. HUD Provisions. All of the provisions of this Agreement are subject to the following restrictions imposed by reason of the insurance of the first mortgage loan and the second mortgage loan on the Project by the United States Department of Housing and Urban Development ("HUD"). 7.1 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, payments of interest and principal due under the CDBG Note, or payments of the TIF repayment, shall be payable only from surplus cash (or residual receipts) of the Project, as the term "surplus cash" (or "residual receipts") is defined, and in accordance with the conditions prescribed, in the Regulatory Agreement dated December , 1997 between HUD and the Developer. The restriction on payment imposed by this paragraph shall not excuse any default caused by the failure of the Borrower to pay the indebtedness evidenced by the CDBG Note or the TIF Repayment. 7.2 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, the term of the CDBG Note and the CDBG Mortgage, or the term of the TIF Repayment, as applicable, shall be extended if (i) the CDBG Note or the TIF Repayment, as applicable, matures, there is no surplus cash or residual receipts available for the repayment of the CDBG Note or the TIF Repayment, as applicable, and the first mortgage or the second mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance, of either of the two mortgage notes executed by the Developer in favor of -13- Glaser (the "Glaser Mortgage Notes") that result in an extended maturity of the first mortgage or the second mortgage. 7.3 The CDBG Note and the TIF Repayment automatically will terminate and will be deemed satisfied if HUD acquires title to the Project by a deed in lieu of foreclosure. 7.4 The Agency shall not foreclose on the CDBG Mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. 7.5 Nothing in this Agreement is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement of the Glaser Mortgage Notes or the documents required to be executed by the Developer in connection with the endorsement of the Glaser Mortgage Notes, and, to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control, and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents. This provision shall terminate and be void upon termination of the HUD insurance of the Glaser Mortgage Notes so long as HUD does not directly hold a mortgage on the Project at such time. 7.6 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i) this Agreement may not be amended without the prior written consent of HUD and of Glaser or any successor -14- 11 holder of the first mortgage or the second mortgage on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. 7.7 Prepayments of the debt evidenced by the CDBG Note and this Agreement, or the TIF Repayment obligation evidenced by this Agreement, may be made only with the prior written consent of the HUD so long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee. 8. Prohibition on Conversion. Notwithstanding the Developer's right to assign its interest in this Agreement as set forth in section 6 above, neither the Developer nor any assignee or transferee of the Developer shall convert the Project to condominium ownership during the term of this Agreement. This prohibition on conversion to condominium ownership shall remain in effect notwithstanding the fact that the Developer has assigned this Agreement to a third party. 9. Financial Statements. With each semiannual payment, the Developer will provide the Agency an unaudited statement of income and expenses and an unaudited statement of cash flow for the semiannual period to which the payment relates and which supports the amount of the payment being made to the Agency. Within sixty (60) days following the end of each calendar year, the Developer will provide the Agency an audited set of financial statements of the Developer, including a statement of cash flow, setting forth the financial condition of the Developer and the results of operation of the Project for the calendar year. 10. Amendments. This Agreement constitutes the entire agreement of the Agency and Developer, and no amendment or modification shall be valid and enforceable unless in writing, executed, and approved by both parties in the same manner as this Agreement. 11. Notices. Any notice required by this Agreement shall be sufficient if in writing and -15- I delivered as follows: To Agency: The Housing and Redevelopment Authority in and for the City of Eden Prairie do City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 To Developer: Edenvale Family Housing Limited Partnership do Edenvale Family Housing, LLC 7700 Equitable Drive; Suite 203 Eden Prairie, Minnesota 55344 12. Counterparts. This Agreement may be executed in counterparts, each of which will be an original agreement, but all of which together will be one agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. AGENCY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Its Chairman By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of December, 1997, by and , the .Chairman and the Executive Director, respectively, of The Housing and Redevelopment Authority in and for the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public -16- DEVELOPER: EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP By: Edenvale Family Housing, LLC, Its General Partner By Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this — day of December, 1997, by James Deanovic, the Chief Manager of Edenvale Family Housing, LLC, the General Partner of Edenvale Family Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: WINTHROP & WEINSTINE, P.A. 3000 Dain Bosworth Plaza 60 South Sixth Street Minneapolis, Minnesota 55402 (612) 347-0700 MPL1:217835-5 File No.8195-2 -17- DRAFT: 12/09/97 COMMUNITY DEVELOPMENT BLOCK GRANT PROMISSORY NOTE Minneapolis, Minnesota December , 1997 FOR VALUE RECEIVED, the undersigned (herein called the "Borrower") promises to pay to the order of The Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota (herein called the "Lender"), or its assigns, the sum of One Hundred Eighty-Seven Thousand Five Hundred Twenty-Four and 00/100 Dollars ($187,524.00) (the "CDBG Loan"), together with simple interest on the unpaid principal balance from time to time at the rate of five percent (5.0%) per annum. Said sum is made available to Borrower to enable Borrower to acquire certain real property located on within the City of Eden Prairie, Minnesota (herein called the"Project"). Subject to the following sentence and except as provided below, interest and principal on the Loan shall be payable in semiannual installments on June 30 and December 31 in the amounts stated in the loan repayment schedule attached as Exhibit A, commencing June 30, 2000 and continuing through and including December 31, , at which time all principal plus accrued but unpaid interest remaining shall be due and payable in full. The Borrower will be obligated to make a semiannual payment only to the extent that the ratio of (x) Available Cash from the operation of the Project for the semiannual period, as determined through fifteen (15) days prior to the payment date to (y) the amount of cash required to pay the Borrower's debt service obligations with respect to the first mortgage loan to Glaser Financial Group, Inc., the second mortgage loan to Glaser Financial Group, Inc., the mortgage loan to the Family Housing Fund, and the mortgage loan to the Lender for the semiannual period exceeds 1.15:1. The term "Available Cash" shall mean the amount by which the Borrower's cash proceeds for the semiannual period from all sources other than capital contributions to the Borrower or other capital transactions (which are transactions other than in the Borrower's ordinary course of business) exceeds its cash expenditures for the semiannual period, including amounts required to be contributed to reserve accounts, but not including the amount of the Borrower's debt service obligations for the semiannual period. To the extent that the amount of excess Available Cash available to be applied toward a semiannual payment on the Loan is not sufficient to pay interest that accrued on the Loan during the semiannual period, the payment of the unpaid accrued interest will be deferred to subsequent semiannual payments, the unpaid accrued interest will not compound, and the Borrower will remain obligated to pay the unpaid accrued interest. Each seminannual payment will be applied first to the payment of accrued interest on the Loan and second, to the extent of any remaining amount, to the payment of principal on the Loan. So long as there is a mortgage federally insured by the United States Department of Housing and Urban Development ("HUD") on the Project or there is a mortgage held directly by HUD on the Project, payments of interest and principal due under this Note shall be payable only from surplus cash (or residual receipts) of the Project, as the term "surplus cash" (or "residual receipts") is defined, and in accordance with the conditions prescribed, in the Regulatory Agreement dated December , 1997 between HUD and the Borrower. The restriction on payment imposed by this paragraph shall not excuse any default caused by the failure of the Borrower to pay the indebtedness evidenced by this Note. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, the term of this Note shall be extended if (i) this Note matures, there is no surplus cash or residual receipts available for its repayment, and the first mortgage or the second mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance, of either of the two mortgage notes executed by the Borrower in favor of Glaser Financial Group, Inc. (the "Glaser Mortgage Notes") that result in an extended maturity of the first mortgage or the second mortgage. This Note automatically will terminate and will be deemed satisfied if HUD acquires title to the Project by a deed in lieu of foreclosure. This Note is secured by a Mortgage of even date between the Borrower and the Lender (the "CDBG Mortgage"), and reference is made to the CDBG Mortgage and a certain Project Management Agreement of even date for the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note and in the CDBG Mortgage. Neither the Borrower nor any general or limited partner, employee, or agent of the Borrower shall have any personal liability for the Borrower's obligations hereunder, it being recognized by the Lender that the obligations of the Borrower hereunder are nonrecourse obligations and that the remedies of the Lender are limited to the security provided in connection with this Note and the CDBG Mortgage. The Lender shall not foreclose on the CDBG Mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement of the Glaser Mortgage Notes or the documents required to be executed by the Borrower in connection with the endorsement of the Glaser Mortgage Notes, and, to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control, and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents. This provision shall terminate and be void upon termination of the HUD insurance of the Glaser Mortgage Notes so long as HUD does not directly hold a mortgage on the Project at such time. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i) this Note may not be amended without the prior written consent of HUD and of Glaser Financial Group, Inc. or any successor holder of the first mortgage or the second mortgage on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. -2- 2 The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Prepayments may be made only with the prior written consent of the HUD so long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee. Demand, protest, and notice of demand and protest are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection, including but not limited to reasonable attorneys' fees, paid or incurred by the Lender on account of such collection, all costs associated with recording the CDBG Mortgage, and any other filing fees paid in connection with the CDBG Mortgage. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the day and year first above written. BORROWER: EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP By: Edenvale Family Housing, LLC, Its General Partner By: James Deanovic Its Chief Manager MPLI:217828-5 File No.8195-2 -3- a9 EXIT A 12/03 15:33 1997 FROM: 6122233093 TO: 3470600 PAGE: 2 DEC-03-97 15:40 FROM.SPRINGSTED INC ID:6122233093 PAGE 2/2 Projected Loan CaSMtow Report Eden Prairie,Minnesota Edanvale Towhome Prolebt CMG Loan Repayment Loan Date: 01/01/98 Loan Rate: 5.00% Amount $187,524.00 Annual Accumulated Loan Funds Simple Unpaid Balance Annual Annual Total Cash Flow Date Principal Interest P&I Available Interest Interest Outstanding Prfndpat Interest Debt Service Year (1) (2) (3) (4) (5) _ (8) (7) (8) (9) (!0) (1 1) (12) 187,524 01/01/98 187,52E 07/01/98 0 0 0 0 4,688 4,688 187,524 01/01/99 0 0 0 0 4,688 9,376 187,524 0 0 0 1998 07/01/99 0 0 0 0 4,688 14,064 187,524 01/01/2000 0 40 40 40 4,688 18,712 187,524 0 40 40 1994 07/0i/2000 0 40 40 40 4,898 23.360 187,52E 01/01/2001 0 1,439 1,439 1,439 4.688 26,609 187,52E 0 1,480 1.480 2000 07/01/2001 0 1.439 1,439 1,439 4,888 29,83E 187,524. 01/p1/2002 0 2,868 2,868 2,868 4,688 31,677 187,524 0 4,308 4.308 2001 07/01/2002 0 2,868 2,868 2,868 4,688 33,497 187.524 01/01/2003 0 4,328 4,328 4.328 4,688 33,857 187,524 0 7,196 7,196 2002 07101/2003 0 4.328 4,328 4,328 4,688 34,218 221,742 01/01/2004 275 5.544 5,818 5.818 221,467 275 9,871 10.146 2003 07/01/2004 282 5,537 5,818 5,818 221,186 01/01/2005 1,811 5,530 7.340 7,340 219,374 2.093 11,066 13,159 2004 07/01/2005 1,856 5,484 7,340 7,340 217518 01/012006 3.456 5,438 8.894 8,894 214,062 5,312 10,922 16,285 2005 07/01/2006 1543 K,3-g? 8,894 8,884 210,519 01/01/2007 5,217 5,263 10,480 10,480 205,302 8,760 10.615 19,374 2006 07/01/2007 5,348 5,133 10,480 10,480 199.955 01/012008 7.100 4,999 12,099 12.009 192,855 12,447 10,131 22,579 2007 07/01/2008 7,277 4.821 12,099 12,099 185,578 01/01/2009 9,111 4,639 13,750 13,750 176,467 16,388 9,461 25,849 2008 07/01/2009 9,338 4,412 13,750 13,750 167,129 01/01/2010 11.257 4,178 15,435 15,435 155.872 20.595 8,590 29,185 2009 07/0112010 11,538 3,397 15,435 15,435 144,334 01/01/2011 13,545 3,608 17,153 17.153 130,789 25,083 7,505 32,588 2010 07/01/2011 13,884 3,270 17,153 17,153 110,905 01/01/2012 15,963 2.923 18,906 18,906 100,922 29.867 6,192 36.059 2011 07/01/2012 16,383 2,523 18,906 18,906 84,538 01/01/2013 16.792 2,113 18,906 18,906 67,747 33.175 4,337 37,812 2012 07/01/2013 17,212 1,694 18,908 18,906 50,535 01/01/2014 17,642 1,263 18,906 18,906 32.893 34,855 2,957 37.812 2013 07/012014 18,084 822 18,906 18,905 14.809 01/01/ 015 14,809 370 15,179 18,906 0 32,892 1.193 34,085 2014 221,741 105.164 327,905 331.332 51,559 221,741 106,164 327,905 Nam (1) Payment Cates. (2)-(4) Semi-Ann al debt service payments on the CMG Ioan. Equals the caste flow eva4ebte in cosign 5. (5) Cash flow available to pay the CMG loan write still meeting the 115%debt coverage. (6) Simple interest calculated on the loan amount in column& (7) Represents the difference between the simple interest die(column 6)versus interest scheduled to be paid(collate%3), The unpaid interest sa :mutates until 7/12003. (8) The total aoceued unpaid interest(Column 7) is added to the loan amount in 7/1/2003. The accrued interest w5 be paid over time. (9)-(11) A trtuat total of the debt service, (12) Represents the calendar year in which the rash flow is earned. Prepared by:SPRINGSTED Inc.(12/03/97 12 0:17) MOM I GAGE .1410 Form No.43-M Miller-Davis Co.,Minnupolis(10-3-86) Minnesota Uniform Conveyancing Blanks(19861 By Corporation or Psnnership • (reserved for mortgage registry tax payment data) MORTGAGE REGISTRY TAX DUE HEREON: • (reserved tor recording data) $ THIS INDENTURE,Made this day of December 1997 between Edenvale Family Housing Limited Partnership a limited partnership Minnesota under the laws of Mortgagor(whether one or more),and Housing and Redevelopment Authority in and for the City of Eden Prairie ,Mortgagee(whether one or more), WITNES EETH,That Mortgagor in consideration of the sum of Three Hundred Thousand and 00/100 ($300,000.O6) DOLLARS, to Mortgagor in hand paid by Mortgagee,the receipt whereof is hereby acknowledged,does hereby convey unto Mortgagee,forever,real property in . Hennepin County Minnesota,described as follows: • II together with all hereditaments and appurtenances belonging thereto(the Property). TO HAVE AND TO HOLD THE SAME,to Mortgagee forever.Mortgagor covenants with Mortgagee as follows:That Mortgagor is lawfully seized of the Property and has good right to convey the same;that the Property is free from all encumbrances,except as follows: See Exhibit A attached hereto and hereby made a part hereof • that Mortgagee shall quietly enjoy and possess the same:and that Mortgagor will warrant and defend the title to the same against all lawful claims not hereinbrfore specifically excepted. PRppV(j)}' xFVF.(t }� IF,SgT},rat'(,,J�11r1¢a¢nrshnlLtutc_toMort¢a¢eethesumof Three Hundred Thousand anCl UU�lU� t .i l)rUO(1cU) _DOLLARS. nrcordinl,•to th..CC 1jt•rmsofa promissory mole of even dale herewith the Note 1,the final pnymrnt heing due and payable on Decemoer Jl, with intr real al the rule provided in the Nate.and shall repay d1 Mortgage'e,at the times and with interest as specified.all sums advanced in protecting the lien of this Mortgage,in payment of taxes an the Property and assessments payable therewith. non ra oil'premiums covering buildings thereon.principal or interest on any prior liens.expenses and attorney's fees herein provided for and sums advanced for any other purpose authorized herein.and shall keep and perform all thecovenants and agreements herein contained,then this Mortgage shall he null and void•and shall be released at Mortgagor's expense. a(-9 • AND MORTGAGOR covenants with Mortgagee as follows: I. to pay the principal sum of money and interest as specified in the Note; 2. to pay all taxes and assessments now due or that may hereafter become liens against the Property before penalty attaches thereto; 3. to keep all buildings,improvements and fixtures now or later located on or a part of the Property insured against loss by fire,extended xerage perils,vandalism,malicious mischief and,if applicable,steam boiler explosion,for.at least the amount of the balance this mortgage ad any other mortgages encumbering the property from time to time at all times while any amount remains unpaid under this Mortgage.If any of the buildings,improvements or fixtures are located in n federally designated flood prone area,and if flood insurance is available for that area,Mortgagor shall procure and maintain flood insurance in amounts reasonably satisfactory to Mortgagee.Each insurance policy shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges customarily provided under the so-called standard mortgage clause.In the event of damage to the Property by fire or other casualty,Mortgagor shall promptly give notice of such damage to Mortgagee and the insurance company. The insurance shall he issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Mortgagee.The insurance policies shall provide for not less than ten clays written notice to Mortgagee before cancellation,non-renewal, • termination,or change in coverage,and Mortgagor shall deliver to Mortgagee a duplicate original or certificate of such insurance policies; (the "Insurance Requirements"); 4. to pay,when due,both principal and interest of all prior liens or encumbrances,if any,and to keep the Property free and clear of all other prior liens or encumbrances; 5. to commit or permit no waste on the Property and to keep it in good repair; 6. to complete forthwith any improvements which may hereafter be under course of construction on the Property;and 7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation with any third party for the protection of the lien of this Mortgage. In case of failure to pay said taxes and assessments,prior liens or encumbrances,expenses and attorney's fees as above specified,or to insure said buildings,improvements,and fixtures and deliver the policies as aforesaid,Mortgagee may pay such taxes,assessments,prior liens,expenses and attorney's fees and interest thereon,or obtain such insurance,and the sums so paid shall bear interest from the date of such payment at the same rate set forth in the Note,and shall be impressed as an additional lien upon the Property and be immediately due and payable from Mortgagor to Mortgagee and this Mortgage shall from date thereof secure the repayment of such advances with interest. In case of default in any of the foregoing covenants,Mortgagor confers upon the Mortgagee the option of declaring the unpaid balance of the Note and the interest accrued thereon,together with all sums advanced hereunder,immediately due and payable without notice,and hereby authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property 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 Mortgagor agrees to pay. • The terms of this Mortgage shall run with the Property and bind the parties hereto and their successors in interest. Neither Mortgagor nor any general or limited partner, employee, or agent of Mortgagor shall have any personal liability for the Mortgagor's obligations hereunder, it being recognized by Mortgagee that the obligations of Mortgagor hereunder are nonrecourse obligations and that the remedies of Mortgagee are limited to the security provided by this Mortgage. See also the Addendum to Mortgage attached hereto and made a part hereof by this reference. IN TESTIMONY WHEREOF,Mortgagor has hereunto set its hand the day and year first above written. MORTGAGOR Edenvale Family Housing Limited Partnership By Edenvale Family Housing, LLC Its General Partner STATE OF MINNESOTA ff. By Its Chief Manager COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of December 19y1, by James Deanovic, the Chief Manager of fiffg Edenvale Family Housing. LLC, the tqc general partner of Edenvale Family Housingaimited Partnership 6F a limited partnership under the laws of Minnesota ,on behalf of the limited partnership Tills INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Winthrop 6 Weinstine, P.A. 3000 Dain Bosworth Plaza — SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT 60 SOuth 6th Street Minneapolis, MN 55402 NOTARIAL STAMP OR SEAL.IOII OTIIER TITLE OR RANK) (612) 347-0700 PWM FAILURE TO RECORD OR FILE THIS MORTGAGE MAY AFFECT THE PRIORITY OF THIS MORTGAGE. 1.1 • EXHIBIT A 1. Mortgage dated December 1997 in the amount of $ in favor of Glaser Financial Group, Inc. 2. Mortgage dated December , 1997 in the amount of$ executed by Mortgagor in favor of Glaser Financial Group, Inc. 3. Mortgage dated December , 1997 in the amount of$187,524 executed by Mortgagor in favor of Mortgagee. 4. Mortgage dated December , 1997 in the amount of$200,000 executed by Mortgagor in favor of Family Housing Fund. MPL1:224033-1 File No.8195-2 [LHIA Mortgage] a/ ADDENDUM TO MORTGAGE Mortgagee: The Housing and Redevelopment Authority in and for the City of Eden Prairie Mortgagor: Edenvale Family Housing Limited Partnership DRAFT: 12/08/97 Section 1. Compliance with Legal and Insurance Requirements, Instruments, etc. Mortgagor (a) shall not commit or permit waste or deterioration upon the Property, (b) shall cause the Property and every part thereof, including but not limited to parking areas, improvements, and all ingress and egress easements, if any, to be continually maintained, preserved, and kept in safe and good repair, working order, and condition, (c) will comply with all Insurance Requirements and with the requirements of Minnesota Statutes Section 504.18, Subdivision 1, and Section 504.20, as now existing or as hereafter amended, if applicable, with the provisions of all local, state, and federal statutes, ordinances, rules, and regulations relating to the disposal of environmentally hazardous material, and with all private declarations, easements, covenants, and restrictions, if any, affecting the title to the Property or any part thereof ("Private Restrictions"), (d) will not commit, suffer, or permit any violation of Private Restrictions, and (e) from time to time will make all necessary and proper restorations, rebuildings, repairs, renewals, replacements, additions, and betterments to the Property, whether required as the result of casualty or otherwise, and whether or not insurance proceeds or condemnation proceeds exist, are made available, or are sufficient therefor, in a good and workmanlike manner, so that the value and efficient use thereof shall be fully preserved and maintained, and so that Mortgagor complies with the requirements of this Section 1. Mortgagor shall give Mortgagee written notice within three (3) business days if it receives notice of any violation of any the requirements of this Section 1 or if any damage or destruction occurs to the Property. Mortgagor shall not seek, petition for, make, consent to, or acquiesce in any change in the requirements of this Section 1 relating to the Property, including but not limited to zoning and building codes and ordinances, without Mortgagee's prior written consent, which shall not be unreasonably withheld. Section 2. Estoppel Certificate. Mortgagor agrees at any time and from time to time as reasonably requested by the Mortgagee, upon not less than fifteen (15) days' prior written notice by Mortgagee, to execute, acknowledge, and deliver, without charge, to Mortgagee or to any person designated by Mortgagee, a statement in writing certifying that (a) this Mortgage is unmodified (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof), (b) the unpaid balance of the Note, (c) Mortgagor has not received any notice of default or notice of acceleration or foreclosure of this Mortgage (or if Mortgagor has received any notice, that it has been revoked, if such be the case), (d) to the knowledge of Mortgagor, no default then exists hereunder (or if any such default does exist, specifying the same and stating that the same has been cured, if such be the case), (e) Mortgagor has no claims or offsets against Mortgagor (or if Mortgagor has any such claims, specifying the same), and (f) the dates to which the interest and the other sums and charges payable by Mortgagor pursuant to the Note have been paid. Section 3. Waiver of Appraisement. Mortgagor hereby waives, to the full extent it may lawfully do so, the benefit of all homestead, moratorium, mediation, marshalling, appraisement, valuation, stay, execution, and extension laws now or hereafter in force. Section 4. Indemnification by Mortgagor. Mortgagor will protect, indemnify, and save harmless Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorney's fees and expenses) imposed upon, incurred by, or asserted against Mortgagee by reason of (a) ownership of the Property, or any interest therein, or receipt of any rent or other sum therefrom; (b) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (c) any use, nonuse, or condition of the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (d) any failure on the part of Mortgagor to perform or to comply with any of the terms of this Mortgage, including, without limitation, the provisions of Section 1 hereof, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, (f) negligence or tortious act on the part of Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or (g) exercise by Mortgagee of any remedy provided hereunder or at law or equity; provided, however, that nothing herein shall be construed to obligate Mortgagor to protect, to indemnify, and to save Mortgagee harmless from and against liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Mortgagee solely by reason of the negligent or tortious acts on the part of Mortgagee or any of its employees, agents, contractors, licensees, or invitees. Any amounts payable to Mortgagee under this Section 4 which are not paid within ten (10) business days after written demand therefor by Mortgagee shall bear interest at the rate set forth in the Note from the date of such demand and shall be secured by this Mortgage. If any action, suit, or proceeding is brought against Mortgagee by reason of any such occurrence, Mortgagor upon Mortgagee's request will at Mortgagor's expense resist and defend such action, suit, or proceeding or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by Mortgagor and reasonably approved by Mortgagee. The indemnification of the Mortgagee by the Mortgagor shall be a continuing indemnification and shall remain in full force and effect notwithstanding the expiration or termination of this Mortgage. Section 5. Hazardous Material. Mortgagor (a) shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any hazardous material in, upon, under, over, or from the Property except in strict compliance with all applicable environmental regulations, (b) shall not permit any hazardous material to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of, or to escape therein, thereupon, thereunder, thereover or therefrom except in strict compliance with all applicable environmental regulations, (c) shall cause all hazardous material found thereon to be properly removed therefrom and properly disposed of in accordance with all applicable environmental regulations, (d) shall not install or permit to be installed any underground storage tank therein or thereunder, and (e) shall comply with all environmental regulations which are applicable to the Property. At any time, and from time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review, audit, assessment, and/or report relating to the Property heretofore provided by Mortgagor to Mortgagee updated, at Mortgagor's sole cost and expense, by an engineer or scientist acceptable to Mortgagee, or shall have such a review, audit, assessment, and/or report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify Mortgagee, its directors, officers, members, employees, agents, contractors, licensees, invitees, successors, and assigns (hereinafter collectively refereed to as the "Indemnified Parties") against, shall hold the -2- Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, directly or indirectly incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal) in any action against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of any warranty or representation set forth herein, or from the discovery of any hazardous material in, upon, under, or over, or emanating from the Property, whether or not Mortgagor is responsible therefor, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability or responsibility for damage or injury to human health, the environment, or natural resources caused by, for abatement, and/or clean-up of, or otherwise with respect to, hazardous material by virtue of the interest of Mortgagee in the Property created hereby or as the result of Mortgagee exercising any of its rights or remedies with respect thereto hereunder, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties, and covenants of this Section 5 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure sale, and any subsequent owner of the Property whose title derives from Mortgagee, and shall survive the satisfaction or release of this Mortgage, any foreclosure of this Mortgage, and/or any acquisition of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date incurred at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby. Section 6. Accessibility Covenants. Mortgagor shall comply with all accessibility regulations which are applicable to the Property. At any time, and from time to time, if Mortgagee so requests, Mortgagor shall have any accessibility regulations compliance report heretofore provided by Mortgagor to Mortgagee updated and/or amplified, at Mortgagor's sole cost and expense, by the person or entity which prepared the same, or shall have a report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify all Indemnified Parties against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal), in any action, administrative proceeding, or negotiation against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of the representation and warranty set forth herein, or from a failure by Mortgagor to perform any of its obligations hereunder relating to accessibility regulations, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability for any violation of accessibility regulations by virtue of the interest of Mortgagee in the Property created hereby or as a result of Mortgagee exercising any of its remedies with respect thereto hereunder, including but not limited to becoming the owner of the Property or any portion thereof by foreclosure or other sale or conveyance in lieu thereof. The foregoing covenants, representations, and warranties of this Mortgage and this Section 6 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure or other sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure or other sale hereunder, and any subsequent owner of the Property whose interest derives from Mortgagee, and shall survive the satisfaction or release of this Mortgage, any foreclosure or other sale under -3- �1 this Mortgage, and/or any acquisition of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure or other sale, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date paid at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby. Section 7. HUD Provisions. Mortgagee shall not foreclose on this Mortgage without the prior written approval of the United States Department of Housing and Urban Development ("HUD") if there is a mortgage federally insured by HUD on the Property or there is a mortgage held directly by HUD on the Property. Nothing in this Mortgage is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement by Mortgagor of two notes in favor of Glaser Financial Group, Inc. (the "Glaser Mortgage Notes") or the documents required to be executed by Mortgagor in connection with the enforcement of the Glaser Mortgage Notes; and to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, or documents. This provision shall terminate and be void upon termination of the HUD insurance of the Glaser Mortgage Notes so long as HUD does not directly hold a mortgage on the Property at such time. So long as HUD is the insurer or holder of a mortgage on the Property: (a) This Mortgage may not be amended without the prior written consent of HUD and of the holder of the first mortgage and of the second mortgage; and (b) This Mortgage may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. (c) This Mortgage will be extended if the Note matures, there is no surplus cash or residual receipts (as defined in the Note) available for the repayment of the Note, and the first mortgage or the second mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance, of either of the Glaser Mortgage Notes that results in an extended maturity of the first mortgage or the second mortgage. -4- This Mortgage automatically will terminate and will be deemed released by Mortgagee if HUD acquires title to the Property by a deed in lieu of foreclosure. EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP By: Edenvale Family Housing, LLC, Its General Partner By: James Deanovic Its Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 1997, by James Deanovic, the Chief Manager of Edenvale Family Housing, LLC, the General Partner of Edenvale Family Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public MPL1:217898-2 File No.8195-2 -5- DRAFT: 12/09/97 TIF REPAYMENT PROMISSORY NOTE Minneapolis, Minnesota December , 1997 FOR VALUE RECEIVED, the undersigned (herein called the "Borrower") promises to pay to the order of The Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota (herein called the "Lender"), or its assigns, (i) if the Lender pays the Borrower Tax Increment Funds (as such term is defined in subsection 2.5 of the Project Management Agreement by and Between the Lender and the Borrower dated December _, 1997 (the "Project Management Agreement")) in an amount equal to ninety percent (90%) of$37,923 annually for at least fourteen (14) years during a fifteen- (15-) year term, an amount equal to Two Hundred Forty-Three Thousand and 00/100 Dollars ($243,000.00) or (ii) if the Lender pays the Borrower Tax Increment Funds in an amount that is less than ninety percent (90%) of$37,923 for any year during such fifteen- (15-) year term or pays the Borrower Tax Increment Funds for less than fourteen (14) years during such fifteen- (15-) year term, an amount equal to the present value of.the Tax Increment Funds actually received by the Borrower, applying a discount rate of nine percent (9.0%), but in no event more than Two Hundred Forty-Three Thousand and 00/100 Dollars ($243,000.00) (in either case, the "TIF Repayment"). The Lender is providing the Tax Increment Funds to the Borrower to enable the Borrower to acquire certain real property located on within the City of Eden Prairie, Minnesota(herein called the"Project"). Subject to the following sentence and except as provided below, the TIF Repayment shall be payable in semiannual installments on June 30 and December 31, commencing on the first June 30 or December 31, whichever is applicable following the Borrower's payment in full of the Community Development Block Grant Promissory Note dated December , 1997 issued by the Borrower in favor of the Lender, and continuing through and including December 31, , at which time all remaining TIF Repayment shall be due and payable in full. The Borrower will be obligated to make a semiannual payment only to the extent that the ratio of(x) Available Cash from the operation of the Project for the semiannual period, as determined through fifteen (15) days prior to the payment date to (y) the amount of cash required to pay the Borrower's debt service obligations with respect to the first mortgage loan to Glaser Financial Group, Inc., the second mortgage loan to Glaser Financial Group, Inc., the mortgage loan to the Family Housing Fund, and the mortgage loan to the Lender for the semiannual period exceeds 1.15:1. The term "Available Cash" shall mean the amount by which the Borrower's cash proceeds for the semiannual period from all sources other than capital contributions to the Borrower or other capital transactions (which are transactions other than in the Borrower's ordinary course of business) exceeds its cash expenditures for the semiannual period, including amounts required to be contributed to reserve accounts, but not including the amount of the Borrower's debt service obligations for the semiannual period. So long as there is a mortgage federally insured by the United States Department of Housing and Urban Development ("HUD") on the Project or there is a mortgage held directly by HUD on the Project, payments of the TIF Repayment due under this Note shall be payable only from surplus cash (or residual receipts) of the Project, as the term "surplus cash" (or "residual receipts") is defined, and in accordance with the conditions prescribed, in the Regulatory Agreement dated December , 1997 between HUD and the Borrower. The restriction on payment imposed by this paragraph shall not excuse any default caused by the failure of the Borrower to pay the indebtedness evidenced by this Note. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, the term of this Note shall be extended if (i) this Note matures, there is no surplus cash or residual receipts available for its repayment, and the first mortgage or the second mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance, of either of the two mortgage notes executed by the Borrower in favor of Glaser Financial Group, Inc. (the "Glaser Mortgage Notes") that result in an extended maturity of the first mortgage or the second mortgage. This Note automatically will terminate and will be deemed satisfied if HUD acquires title to the Project by a deed in lieu of foreclosure. The Project Management Agreement refers to the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note and in the Project Management Agreement. The Project Management Agreement also refers to events, the occurrence of which will result in the Borrower's no longer having an obligation to pay the TIF Repayment or to pay a lesser amount. Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement of the Glaser Mortgage Notes or the documents required to be executed by the Borrower in connection with the endorsement of the Glaser Mortgage Notes, and, to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control, and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents. This provision shall terminate and be void upon termination of the HUD insurance of the Glaser Mortgage Notes so long as HUD does not directly hold a mortgage on the Project at such time. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i) this Note may not be amended without the prior written consent of HUD and of Glaser Financial Group, Inca or any successor holder of the first mortgage or the second mortgage on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Prepayments may be made only with the prior written consent of the HUD so long as there is a mortgage federally insured by HUD on the Project or there is a 2 mortgage held directly by HUD on the Project, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee. Demand, protest, and notice of demand and protest are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection, including but not limited to reasonable attorneys' fees, paid or incurred by the Lender on account of such collection, This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the day and year first above written. BORROWER: EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP By: Edenvale Family Housing, LLC, Its General Partner By: James Deanovic Its Chief Manager MPL1:224184-1 File No.8195-2 3 DRAFT: 12/09/97 LOCAL HOUSING INCENTIVES ACCOUNT PROMISSORY NOTE Minneapolis, Minnesota December 1997 FOR VALUE RECEIVED, the undersigned (herein called the "Borrower") promises to pay to the order of The Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota (herein called the "Lender"), or its assigns, the sum of Three Hundred Thousand and 00/100 Dollars ($300,000.00) (the "LHIA Loan"), together with simple interest on the unpaid principal balance from time to time at the rate of one percent (1.0%) per annum. Said sum is made available to Borrower to enable Borrower to acquire certain real property located on within the City of Eden Prairie, Minnesota (herein called the "Project"). Interest on and the principal of this Note shall be payable in full on December 31, , except as provided below. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Prepayments may be made only with the prior written consent of the United States Department of Housing and Urban Development ("HUD") so long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, payments of interest and principal due under this Note shall be payable only from surplus cash (or residual receipts) of the Project, as the term "surplus cash" (or "residual receipts") is defined, and in accordance with the conditions prescribed, in the Regulatory Agreement dated December 1997 between HUD and the Borrower. The restriction on payment imposed by this paragraph shall not excuse any default caused by the failure of the Borrower to pay the indebtedness evidenced by this Note. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, the term of this Note shall be extended if (i) this Note matures, there is no surplus cash or residual receipts available for its repayment, and the first mortgage or the second mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance, of either of the two mortgage notes executed by the Borrower in favor of Glaser Financial Group, Inc. (the "Glaser Mortgage Notes") that result in an extended maturity of the first mortgage or the second mortgage. This Note automatically will terminate and will be deemed satisfied if HUD acquires title to the Project by a deed in lieu of foreclosure. The Borrower covenants that (i) it will use the proceeds of this Note solely to finance a portion of the capital cost of acquiring, constructing, and equipping the Project, (ii) the Project shall consist of a thirty-two (32) unit multifamily townhome rental units to be constructed primarily for the purpose of providing low- and moderate-income housing, and (iii) the Borrower's use of proceeds of this Note shall comply in all material respects with the requirements set forth in that 3� certain Metropolitan Livable Communities Act Local Housing Incentives Account Grant Agreement, Grant No. , by and between the Metropolitan Council (the "Council") and the City of Eden Prairie (the "City") and assigned by the City to, and assumed by, the Lender pursuant to Minnesota Statutes § This Note is secured by a Mortgage of even date between the Borrower and the Lender (the "LHIA Mortgage"), and reference is made to the LHIA Mortgage for the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note and in the LHIA Mortgage. Neither the Borrower nor any general or limited partner, employee, or agent of the Borrower shall have any personal liability for the Borrower's obligations hereunder, it being recognized by the Lender that the obligations of the Borrower hereunder are nonrecourse obligations and that the remedies of the Lender are limited to the security provided in connection with this Note and the LHIA Mortgage. The Lender shall not foreclose on the LHIA Mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement of the Glaser Mortgage Notes or the documents required to be executed by the Borrower in connection with the endorsement of the Glaser Mortgage Notes, and, to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control, and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents. This provision shall terminate and be void upon termination of the HUD insurance of the Glaser Mortgage Notes so long as HUD does not directly hold a mortgage on the Project at such time. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i) this Note may not be amended without the prior written consent of HUD and of Glaser Financial Group, Inc. or any successor holder of the first mortgage or the second mortgage on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. Demand, protest, and notice of demand and protest are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection, including but not limited to reasonable attorneys' fees, paid or incurred by the Lender on account of such collection, all costs associated with recording the LHIA Mortgage, and any other filing fees paid in connection with the LHIA Mortgage. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. r�_2_ J IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the day and year first above written. BORROWER: EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP By: Edenvale Family Housing, LLC, Its General Partner By: James Deanovic Its Chief Manager MPL1:224018-1 File No.8195-2 -3- MORTGAGE MID Forest No.43-M Miller-Davis Co.,Minneapolis(10.3.86) Minnesota Uniform Conveyancing Blanks()91161 By Corporation or Partnership • (reserved for mortgage registry tax payment data) MORTGAGE REGISTRY TAX DUE HEREON: (reserved for recording data) THIS INDENTURE,Made this - day of December 1997 between Edenvale Family Housing Limited Partnership a limited partnership under the laws of Minnesota Mortgagor(whether one or more),and Housing and Redevelopment Authority in and for the City of Eden Prairie ,Mortgagee(whether one or more), I WITNESSFTH,That Mortgagor,i consideration f blbe�Tt of One Hundred Eighty—Seven Thousand rive Hundre wenftty—"Your ana luu ($18!r SZ4.00) DOLLARS, to Mortgagor in hand paid by Mortgagee,the receipt whereof is hereby acknowledged,does hereby convey unto Mortgagee,forever,real property in , Hennepin County Minnesota,described as follows: • I , 1 ! together with all hereditaments and appurtenances belonging thereto(the Property). TO HAVE AND TO HOLD THE SAME.to Mortgagee forever.Mortgagor covenants with Mortgagee as follows:That Mortgagor is lawfully seized of the Property and has good right to convey the same;that the Property is free from all encumbrances,except as follows: See Exhibit A attached hereto and hereby made a part hereof • that Mortgagee shall quietly enjoy and possess the same:mid that Mortgagor will warrant and defend the title to the same against all lawful claims not hereinbefore specifically excepted. One Hundred Eighty—Seven PROVIDED.NEVER SS.Than if Maftaa¢ r shallnnv_u MrouRetsJhe vs,of Thousand Five Hundred Twenty-Four an DOf1ARS. nerording to thppt1erms of a promissory note of even date herewith(the Note).the final payment being due tend payable on December Sl s. with interest at the rate provided in the Note.and shall repay to Mortgagee,at the times and with interest as sped lied.all sums advanced in protecting the lien of this Mortgage.in payment of taxes on the Property and assessments payable therewith. insurance premiums covering buildings thereon.principal or interest on any prior liens.expenses and attorney's fees herein provided for and sums advanced fur any other purpose authorized herein,and shall keep and perform all thecovenants and agreements herein contained.then this Mortgage shall be null and void,and shall be released at Mortgagor's expense. WU AND MORTGAGOR covenants with Mortgagee as follows: I. to pay the principal sum of money and interest as specified in the Note; 2. to pay all taxes and assessments now due or that may hereafter become liens against the Property before penalty attaches thereto: 3. to keep all buildings,improvements and fixtures now or later located on or a part of the Property insured against loss by fire,extended average gR perils,vandalism, alicioua mischief and,if applicable,steam boiler explosion,for at least the amount of the balance o this mortgage and any other mortgages encumbering the property from time to time at all times while any amount remains unpaid under this Mortgage.If any of the buildings,improvements or fixtures are located in a federally designated flood prone area,and if flood insurance is available for that area,Mortgagor shall procure and maintain flood insurance in amounts reasonably satisfactory to Mortgagee.Each insurance policy shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges customarily provided under the so-called standard mortgage clause.In the event of damage to the Property by fire or other casualty,Mortgagor shall promptly give notice of such damage to Mortgagee and the insurance company. The insurance shall he issued by an insurancecompany or companies licensed to do business in the State of Minnesota and acceptable to Mortgagee.The insurance policies shall provide for not less than ten days written notice to Mortgagee before cancellation,non-renewal, termination,or change in coverage,and Mortgagor shall deliver to Mortgagee a duplicate original or certificate of such insurance policies: (the "Insurance Requirements"); A. to pay,when due.both principal and interest of all prior liens or encumbrances,if any,and to keep the Property free and clear of all other prior liens or encumbrances; , 5. to commit or permit no waste on the Property and to keep it in good repair: 6. to complete forthwith any improvements which may hereafter lie under course of construction on the Property;and I 7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation with any third party for the protection of the I I lien of this Mortgage. In case of failure to pay said taxes and assessments,prior liens or encumbrances,expenses and attorney's fees as above specified,or to insure said buildings,improvements,and fixtures and deliver the policies as aforesaid,Mortgagee may pay such taxes,assessments,poor liens,expenses and attorney's fees and interest thereon,or obtain such insurance,and the sums so paid shall bear interest from the date of such payment at the same rate set forth in the Note,and shall be impressed as an additional lien upon the Property and be immediately due and payable from Mortgagor to Mortgagee and this Mortgage shall from date thereof secure the repayment of such advances with interest. In case of default in any of the foregoing covenants,Mortgagor confers upon the Mortgagee the option of declaring the unpaid balance of the Note and the interest accrued thereon,together with all sums advanced hereunder,immediately due and payable without notice,and hereby authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the some 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 Mortgagor agrees to pay. The terms of this Mortgage shall run with the Property and hind the parties hereto and their successors in interest. Neither Mortgagor nor any general or limited partner, employee, or agent of Mortgagor shall have any personal liability for the Mortgagor's obligations hereunder, it being recognized by Mortgagee that the obligations of Mortgagor hereunder are nonrecourse obligations and that the remedies of Mortgagee are • limited to the security provided by this Mortgage. See also the Addendum to Mortgage attached hereto and made a part hereof by this reference. . 1 i I IN TESTIMONY WHEREOF,Mortgagor has hereunto set its hand the day and year first above written. MORTGAGOR Edenvale Family Housing Limited Partnership By Edenvale Family Housing, LLC Its General Partner STATE OF MINNESOTA By if. Its Chief Manager ' COUNTY OF HENNEPIN • • The foregoing instrument was acknowledged before me this day of f)r r'mher by James Deanovic, the Chief Manager of gild Edenvale Family Housing. LLC, the me general partner of Edenvale Family Housingaimited Partnership bf - a limited partnership under the laws of Minnesota ,on behalf of the limited partnership THIS INSTRUMENT WAS t11tAl'TEU RY(NAME AND AIIDReSSt. Winthrop & Weinstine, P.A. 3000 Dain Bosworth Plaza SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT 60 SOuth 6th Street Minneapolis, MN 55402 NOTARIALSTAMP OR SEAL(OR OTHER TITLE Ott RANK( • (612) 397-0700 PWM FAILURE TO RECORD OR FILE THIS MORTGAGE MAY AFFECT THE PRIORITY OF THIS MORTGAGE. EXHIBIT A 1. Mortgage dated December , 1997 in the amount of $ in favor of Glaser Financial Group, Inc. 2. Mortgage dated December , 1997 in the amount of$ executed by Mortgagor in favor of Glaser Financial Group, Inc. 3. Mortgage dated December , 1997 in the amount of$300,000 executed by Mortgagor in favor of Mortgagee. 4. Mortgage dated December , 1997 in the amount of$200,000 executed by Mortgagor in favor of Family Housing Fund. MPL1:217894-3 File No.8195-2 [CDBG Mortgage] 1k4 ADDENDUM TO MORTGAGE Mortgagee: The Housing and Redevelopment Authority in and for the City of Eden Prairie Mortgagor: Edenvale Family Housing Limited Partnership DRAFT: 12/08/97 Section 1. Compliance with Legal and Insurance Requirements, Instruments, etc. Mortgagor (a) shall not commit or permit waste or deterioration upon the Property, (b) shall cause the Property and every part thereof, including but not limited to parking areas, improvements, and all ingress and egress easements, if any, to be continually maintained, preserved, and kept in safe and good repair, working order, and condition, (c) will comply with all Insurance Requirements and with the requirements of Minnesota Statutes Section 504.18, Subdivision 1, and Section 504.20, as now existing or as hereafter amended, if applicable, with the provisions of all local, state, and federal statutes, ordinances, rules, and regulations relating to the disposal of environmentally hazardous material, and with all private declarations, easements, covenants, and restrictions, if any, affecting the title to the Property or any part thereof ("Private Restrictions"), (d) will not commit, suffer, or permit any violation of Private Restrictions, and (e) from time to time will make all necessary and proper restorations, rebuildings, repairs, renewals, replacements, additions, and betterments to the Property, whether required as the result of casualty or otherwise, and whether or not insurance proceeds or condemnation proceeds exist, are made available, or are sufficient therefor, in a good and workmanlike manner, so that the value and efficient use thereof shall be fully preserved and maintained, and so that Mortgagor complies with the requirements of this Section 1. Mortgagor shall give Mortgagee written notice within three (3) business days if it receives notice of any violation of any the requirements of this Section 1 or if any damage or destruction occurs to the Property. Mortgagor shall not seek, petition for, make, consent to, or acquiesce in any change in the requirements of this Section 1 relating to the Property, including but not limited to zoning and building codes and ordinances, without Mortgagee's prior written consent, which shall not be unreasonably withheld. Section 2. Estoppel Certificate. Mortgagor agrees at any time and from time to time as reasonably requested by the Mortgagee, upon not less than fifteen (15) days' prior written notice by Mortgagee, to execute, acknowledge, and deliver, without charge, to Mortgagee or to any person designated by Mortgagee, a statement in writing certifying that (a) this Mortgage is unmodified (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof), (b) the unpaid balance of the Note, (c) Mortgagor has not received any notice of default or notice of acceleration or foreclosure of this Mortgage (or if Mortgagor has received any notice, that it has been revoked, if such be the case), (d) to the knowledge of Mortgagor, no default then exists hereunder (or if any such'default does exist, specifying the same and stating that the same has been cured, if such be the case), (e) Mortgagor has no claims or offsets against Mortgagor (or if Mortgagor has any such claims, specifying the same), and (f) the dates to which the interest and the other sums and charges payable by Mortgagor pursuant to the Note have been paid. Section 3. Waiver of Appraisement. Mortgagor hereby waives, to the full extent it may lawfully do so, the benefit of all homestead, moratorium, mediation, marshalling, appraisement, valuation, stay, execution, and extension laws now or hereafter in force. Section 4. Indemnification by Mortgagor. Mortgagor will protect, indemnify, and save harmless Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorney's fees and expenses) imposed upon, incurred by, or asserted against Mortgagee by reason of (a) ownership of the Property, or any interest therein, or receipt of any rent or other sum therefrom; (b) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (c) any use, nonuse, or condition of the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (d) any failure on the part of Mortgagor to perform or to comply with any of the terms of this Mortgage, including, without limitation, the provisions of Section 1 hereof, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, (f) negligence or tortious act on the part of Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or (g) exercise by Mortgagee of any remedy provided hereunder or at law or equity; provided, however, that nothing herein shall be construed to obligate Mortgagor to protect, to indemnify, and to save Mortgagee harmless from and against liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Mortgagee solely by reason of the negligent or tortious acts on the part of Mortgagee or any of its employees, agents, contractors, licensees, or invitees. Any amounts payable to Mortgagee under this Section 4 which are not paid within ten (10) business days after written demand therefor by Mortgagee shall bear interest at the rate set forth in the Note from the date of such demand and shall be secured by this Mortgage. If any action, suit, or proceeding is brought against Mortgagee by reason of any such occurrence, Mortgagor upon Mortgagee's request will at Mortgagor's expense resist and defend such action, suit, or proceeding or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by Mortgagor and reasonably approved by Mortgagee. The indemnification of the Mortgagee by the Mortgagor shall be a continuing indemnification and shall remain in full force and effect notwithstanding the expiration or termination of this Mortgage. Section 5. Hazardous Material. Mortgagor (a) shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any hazardous material in, upon, under, over, or from the Property except in strict compliance with all applicable environmental regulations, (b) shall not permit any hazardous material to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of, or to escape therein, thereupon, thereunder, thereover or therefrom except in strict compliance with all applicable environmental regulations, (c) shall cause all hazardous material found thereon to be properly removed therefrom and properly disposed of in accordance with all applicable environmental regulations, (d) shall not install or permit to be installed any underground storage tank therein or thereunder, and (e) shall comply with all environmental regulations which are applicable to the Property. At any time, and from time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review, audit, assessment, and/or report relating to the Property heretofore provided by Mortgagor to Mortgagee updated, at Mortgagor's sole cost and expense, by an engineer or scientist acceptable to Mortgagee, or shall have such a review, audit, assessment, and/or report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify Mortgagee, its directors, officers, members, employees, agents, contractors, licensees, invitees, successors, and assigns (hereinafter collectively refereed to as the "Indemnified Parties") against, shall hold the -2- `t11 Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, directly or indirectly incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal) in any action against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of any warranty or representation set forth herein, or from the discovery of any hazardous material in, upon, under, or over, or emanating from the Property, whether or not Mortgagor is responsible therefor, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability or responsibility for damage or injury to human health, the environment, or natural resources caused by, for abatement, and/or clean-up of, or otherwise with respect to, hazardous material by virtue of the interest of Mortgagee in the Property created hereby or as the result of Mortgagee exercising any of its rights or remedies with respect thereto hereunder, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties, and covenants of this Section 5 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure sale, and any subsequent owner of the Property whose title derives from Mortgagee, and shall survive the satisfaction or release of this Mortgage, any foreclosure of this Mortgage, and/or any acquisition of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date incurred at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby. Section 6. Accessibility Covenants. Mortgagor shall comply with all accessibility regulations which are applicable to the Property. At any time, and from time to time, if Mortgagee so requests, Mortgagor shall have any accessibility regulations compliance report heretofore provided by Mortgagor to Mortgagee updated and/or amplified, at Mortgagor's sole cost and expense, by the person or entity which prepared the same, or shall have a report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify all Indemnified Parties against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal), in any action, administrative proceeding, or negotiation against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of the representation and warranty set forth herein, or from a failure by Mortgagor to perform any of its obligations hereunder relating to accessibility regulations, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability for any violation of accessibility regulations by virtue of the interest of Mortgagee in the Property created hereby or as a result of Mortgagee exercising any of its remedies with respect thereto hereunder, including but not limited to becoming the owner of the Property or any portion thereof by foreclosure or other sale or conveyance in lieu thereof. The foregoing covenants, representations, and warranties of this Mortgage and this Section 6 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure or other sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure or other sale hereunder, and any subsequent owner of the Property whose interest derives from Mortgagee, and shall survive the satisfaction or release of this Mortgage, any foreclosure or other sale under -3- this Mortgage, and/or any acquisition of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure or other sale, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date paid at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby. Section 7. HUD Provisions. Mortgagee shall not foreclose on this Mortgage without the prior written approval of the United States Department of Housing and Urban Development ("HUD") if there is a mortgage federally insured by HUD on the Property or there is a mortgage held directly by HUD on the Property. Nothing in this Mortgage is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement by Mortgagor of two notes in favor of Glaser Financial Group, Inc. (the "Glaser Mortgage Notes") or the documents required to be executed by Mortgagor in connection with the enforcement of the Glaser Mortgage Notes; and to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, or documents. This • provision shall terminate and be void upon termination of the HUD insurance of the Glaser Mortgage Notes so long as HUD does not directly hold a mortgage on the Property at such time. So long as HUD is the insurer or holder of a mortgage on the Property: (a) This Mortgage may not be amended without the prior written consent of HUD and of the holder of the first mortgage and of the second mortgage; and (b) This Mortgage may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. (c) This Mortgage will be extended if the Note matures, there is no surplus cash or residual receipts (as defined in the Note) available for the repayment of the Note, and the first mortgage or the second mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance, of either of the Glaser Mortgage Notes that results in an extended maturity of the first mortgage or the second mortgage. -4- y(1) This Mortgage automatically will terminate and will be deemed released by Mortgagee if HUD acquires title to the Property by a deed in lieu of foreclosure. EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP By: Edenvale Family Housing, LLC, Its General Partner By: James Deanovic Its Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of December, 1997, by James Deanovic, the Chief Manager of Edenvale Family Housing, LLC, the General Partner of Edenvale Family Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public MPL1:217898-2 File No.8195-2 -5- 141 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 16, 1997 Immediately Following HRA Meeting Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP ON STRATEGIC MANAGEMENTNISION 2001 HELD TUESDAY. DECEMBER 2, 1997 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2, 1997 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING SPECIAL LEGISLATION FOR PUBLIC SAFETY TRAINING FACILITY C. RESOLUTION APPROVING FINAL PLAT FOR PINE ESTATES D. RESOLUTION AWARDING CONTRACT FOR 1998 MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS. I.C. 98-5448 City Council Agenda Tuesday, December 16, 1997 Page Two E. APPROVE BYLAW CHAN E FOR EDEN PRAIRIE FIRE RELIEF ASSOCIATION V. PUBLIC HEARINGS/MEETINGS A. UNITED HEALTHCARE INC. - LAZARETTI PROPERTY by United Healthcare. Request for Planned Unit Development Concept Review on 35 acres for a 720,000 square foot corporate office campus. Location: Hwy. 62 west of 212. (Resolution for PUD Concept Review) B. AUTHORIZE THE ISSUANCE, SALE AND DELIVERY OF UP TO $3.593,800 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN - PRESERVE PLACE). SERIES 1997A. AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS (Resolution) C. VACATION 97-08: DRAINAGE AND UTILITY EASEMENTS OVER LOTS 14. 15 AND 16. BLOCK 2, BEARPATH ADDITION (Resolution) D. VACATION 97-09: DRAINAGE AND UTILITY EASEMENTS OVER LOTS 1, 2 AND 3. BLOCK 1. BRECKENRIDGE SECOND ADDITION (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Petition from Bryant Lake Homeowners Regarding Surface Management Ordinance IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HOUSING. TRANSPORTATION AND HUMAN SERVICES BOARD -Approval of human service funding process established by the Housing, Transportation & Human Services Board (HTHSB) B. HERITAGE PRESERVATION COMMISSION - Request to authorize funding of$17,900 for the restoration of the Riley- Jacques farm granary. City Council Agenda Tuesday, December 16, 1997 Page Three X. APPOINTMENTS Xl. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying the Tax Levy Collectible in 1998 and Adopting the 1998 Budget for the General Fund Operations. Equipment Revolving Fund Expenses. and Debt Service Obligations 2. Resolution Adopting the 1998 Local Transit Services Tax Levy C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Proposed Cash Park Fees for 1998 2. Miller Spring Revised Plan D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT UNAPPROVED MINUTES CITY COUNCIL/STAFF WORKSHOP STRATEGIC MANAGEMENT/VISION 2001 TUESDAY, DECEMBER 2, 1997 6:30 PM, HERITAGE ROOM IV 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfmnson, Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Director of Community & Economic Development Chris Enger, Director of Public Works Gene Dietz, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Safety Jim Clark, Director of Human Resources and Communication Services Natalie Swaggert, Assistant Finance Director Don Uram, Manager of Parks and Natural Resources Stu Fox and Council Recorder Jan Nelson GUEST PRESENTERS Bill Morris and Diane Traxler, Decision Resources, Ltd. ROLL CALL All members were present. I. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 6:40 p.m. II. SUMMARY OF COMMUNITY FORUM - B. Morris Morris said a review of the information gathered at the focus groups revealed five themes for the future: 1) Where you are now will determine where you will be in the future; 2) Optimize current services; 3) Incrementalism over quantum change; 4) Do more with less or with what we currently have; and the key issue 5) Traffic. Dietz thought we might decide to market an area such as move-up housing, and that might mean not needing to deal with our aging population. Harris thought "move-up" residents will also move down at some point. Enger thought we don't have control over this in terms of how to market; however, he does believe we will continue to have pressures for more single family homes. Dietz thought we could exercise specific policies to influence how development goes. CITY COUNCIL/STAFF WORKSHOP MINUTES December 2, 1997 Page 2 In terms of the "do more with less" theme, Swaggert said her group had a lot of discussion about partnership across communities. Lambert thought we can't just take the focus group output and extrapolate to the city as a whole, but it does raise questions for the random sample. Morris noted that many of the trends identified were discussed in the seven independent groups, and he thought this can be used to provide guidance for future planning. Swaggert said we expected to get a lot of feedback on each of the individual topics; however, we did not get the expected depth of information on any one subject, and the results were more cross-cutting than we hoped for. Morris said the key issue of traffic was discussed in several groups. He thought there is an information gap and a misconception as to what the City can do. The need for more information was evident in many of the groups; especially on the issue of traffic and what the City is doing about it. Morris said they will process the information further and will produce more complete reports on the discussions in the focus groups. III. LEADERSHIP SURVEY SUMMARY - C. Enger/N. Swaggert Summaries of the Leadership Survey were distributed. Swaggert said she had some concern about how the bar chart was constructed. Enger said the combined rating of 4 and 5 changes the order of the characteristics from that on the rating of 5 only. He noted that using only the 5 rating places four of our five Value Statements very high on the list. Swaggert asked if there was any kind of "fatigue" factor on the survey. Morris said they had similar statements in different positions and got the same ranking. Enger thought this was a good exposure to the public of the City Council's Value and Vision Statements. People seem to share the order of the values. Butcher-Younghans was concerned about the low ranking of the characteristic regarding fostering a safe and caring community. Tyra-Lukens asked if the groups saw the City Value Statements. Enger said they were in the packet but were not presented. Thorfinnson thought a desire for a homogeneous community is reflected even though we have tried to promote diversity in the community. Morris thought this characteristic might have been better split into two--with one characteristic regarding the safe and caring community and one about enhancing economic, ethnic, cultural and life-cycle diversity. Traxler noted the word "diversity" is a kind of red-light word and can be scary to some people. Enger noted that, while people are happy where they are now, they will be the same group who will be expecting the City to be in the right place in 3-5 years from now. They have high expectations that we will be in the right place doing the right things. 2 CITY COUNCIL/STAFF WORKSHOP MINUTES December 2, 1997 Page 3 Harris asked if this is all the statements that were evaluated. Traxler said there were very few 2's or 1's, and only one statement had many 3's. Morris said none of the statements were considered to be unimportant values. Jullie asked if the ranking of the association with the business community is a surprise to us and how will the business community interpret it. Enger said the groups talked about the importance of developing partnerships, and he asked how the lower rating of involvement with the business community tracks with the common themes from the focus groups. Morris thought it probably placed about right in terms of the rest of the values. Swaggert noted we want to test the business community, but we need to get a vehicle for that. Enger said the next step will be to finish the individual reports, probably in early January, in order to have more specific information. We can combine that with anecdotal information from the Chamber forum and past community surveys to move forward with all sources of input to try to work into the process for gradual change in 1998. He reviewed the three phases--preliminary planning done in 1994-1996, strategic management planning in 1997 and the third phase of transition and implementation to occur in 1998. He thought we need to keep in touch with the groups and we need to develop the process on the major theme of transportation. Morris commended the City on the process, noting it was the most successful they have done in terms of participation and richness of discussion. IV. OTHER BUSINESS V. ADJOURNMENT Mayor Harris adjourned the meeting at 7:25 p.m. 5 O UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 2, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert,Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Wine License for D'Amico Catering. Inc. for Balance of 1997 to the Clerk's License List, item IV.A. Tyra-Lukens said item IX.A. should be deleted from the agenda as they have not had a meeting since October 23. Thorfinnson added item XI.A.1. MOTION: Thorfumson moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/PARKS. RECREATION & NATURAL RESOURCES COMMISSION JOINT MEETING ON USER FEES HELD TUESDAY, NOVEMBER 18. 1997 Thorfinnson was concerned that there was no conclusion stated at the end of the discussion on the policy regarding user fees; however, there was no consensus on the appropriate change to the minutes and they remained as published. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to approve as published the Minutes of the City Council/Parks, Recreation& Natural Resources Commission Joint Meeting on User Fees held Tuesday, November 18, 1997. Motion carried 5-0. r CITY COUNCIL MINUTES December 2, 1997 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY. NOVEMBER 18. 1997 MOTION: Case moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council meeting held Tuesday, November 18, 1997. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE NO. 56-97 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS C. RESOLUTION 97-216 APPROVING SUMMARY OF ORDINANCE NO. 56- 97 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS AND ORDERING THE PUBLICATION OF SAID SUMMARY D. ADOPTION OF RESOLUTION 97-214 FOR PRELIMINARY APPROVAL OF HOUSING REVENUE BONDS IN THE AMOUNT OF $3.593.800. PRESERVE PLACE REFINANCING E. ADOPTION OF RESOLUTION 97-215 REQUESTING MnDOT TO ENTER INTO A COOPERATIVE AGREEMENT FOR EMERGENCY VEHICLE PRE-EMPTION SYSTEMS ON VARIOUS MnDOT INTERSECTIONS F. APPROVAL OF REQUEST TO AUTHORIZE OBTAINING BIDS FOR CONSTRUCTION OF THE PLAYGROUND AT RICE MARSH LAKE NEIGHBORHOOD PARK G. SET TUESDAY. JANUARY 13, 1998. 5:30-8:00 PM. CITY CENTER. FOR OPEN HOUSE FOR BOARDS AND COMMISSIONS H. SET TUESDAY. FEBRUARY 10. 1998, 6:00 PM, CITY CENTER, FOR CITY COUNCIL TO INTERVIEW BOARD AND COMMISSION CANDIDATES Tyra-Lukens asked if item H could be changed to Thursday, February 5 because she will be out of town on February 10th. Jullie suggested we change it to February 5 and he will ask Mrs. Provo to poll the Councilmembers to make sure that is okay. The consensus was to restore the February 10th date if the poll reveals other schedule conflicts. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve items A-G and amended item H on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS 2 CITY COUNCIL MINUTES December 2, 1997 Page 3 VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried 5-0. VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Item deleted. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Check on the Eden Inn Thorfinnson asked if a check has been made recently on the Eden Inn as to substandard housing. He was curious as to what their status is. Jullie said Staff will check it out and report back. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Approval of Community Center Fees Lambert reviewed the recommendations outlined in the Staff Memorandum of December 2, 1997. The recommendations were based on direction from the City Council at the Joint Meeting of the Parks, Recreation & Natural Resources Commission and City Council on November 18, 1997. Case asked what the non prime time hours are at the ice rink. Lambert said prime time is from 2:00 - 11:00 p.m. Monday to Friday and 6:00 a.m. to 11:00 p.m. on Saturday and Sunday. 3 CITY COUNCIL MINUTES December 2, 1997 Page 4 Denise Monson, representing the Eden Prairie Figure Skating Club said they are different from the larger user groups as they have only 150 members. It will be difficult to spread the rate increase to all the membership. She said they set up their budget based on an anticipated increase of$2.50 per hour. Butcher-Younghans asked when their season starts. Monson said they go from September 1 to August 31. Butcher-Younghans asked Lambert to clarify the idea that the Community Center hourly rate is commensurate with surrounding ice arenas and that the increased fee is directly correlated to the improvements in the pool. • Lambert said the Minnesota Ice Arena Managers Association does an annual survey of what arenas are charging for the current year and what they are proposing for the next year. There are four rinks that charge more than we do. The reason we are proposing the increased rates is not the cost of the HVAC system, but rather as a method to increase revenue in order to help offset the current deficit of over $200,000. While we don't expect to operate the Community Center on a break even basis, the charge to staff was to set a rate that was not the highest but near the highest. He noted we have been in the top 10-15% since opening. On the issue of not charging soccer or softball users, Lambert said they have done a summary of the subsidy level of the various sports. The subsidy level for hockey or figure skating is somewhat less than $100; however, to expect the City to subsidize kids equally in different programs will never happen. Lambert said the fees for swimmers are almost double that of the next closest swim club they could find. Most swim clubs use pools that are in schools, and those pools are vacant most of the time. Jean Buller, a Chaska resident and Vice President of the Eden Prairie Figure Skating Club, said the Chaska ice time is $110 per hour. She noted the pool costs have not increased since 1989. They tried to pursue information to compare rink costs and pool costs, and she can't understand why they are so different. She said they can only skate 25 kids on the ice whereas the pool can have many swimmers using it. She thought the increases will impact the Figure Skating Club because it will be priced out of where the average family can participate. Lambert said the City subsidizes swimmers more than any other sport; however, if we charged $110 or more per hour we would not have a swim team. The City Council direction has been to look at the market, and the market for swimmers is $15-$20 per hour while the market for ice is higher. CITY COUNCIL MINUTES December 2, 1997 Page 5 Paul Bertilla, past president of the Eden Prairie Figure Skating Club, said 100% of the increased costs will be passed on to the people in the club because the club cannot absorb the costs. He thought having the World Figure Skating Championship in the Twin Cities in March of 1998 will increase interest in figure skating, but the increased rates will scare off those who might want to enter the program. Mark Davis, President of the FoxJets Swim Team, said they have requirements for the number of Eden Prairie residents on the team, so that they are prohibited from expanding the team. He thought we need to keep it economically feasible, and he asked that the Council allow them to remain competitive with the fees. He does not want to see Eden Prairie residents consider other programs. Case asked if there is any opportunity to set two-tiers for the ice time. Lambert said we are selling all of our prime time right now, and we have some people saying we need a third sheet of ice. They have received a lot of comment regarding subsidizing sports to the level we are now. We want children to have the same opportunities in our community, and we don't want to price them out. He thought we are at that level now. Butcher-Younghans said the City has subsidized sports, particularly ice skating and swimming. Even if we go with the proposed fee increases, the sports will still be subsidized. She thought it would be imprudent not to go with a fee structure that is commensurate with other communities and that doesn't take so much from the community resources. Tyra-Lukens was still concerned about the increased cost for the swim team. She thought people here would like to allow children to have as equal access to a sport as they do in other communities. She thought the fee increase for the pool throws the rates way out of kilter. The kids that want to swim are almost being penalized for living in Eden Prairie. One of the issues brought up at the workshop was the issue of timing, and we did not come to a consensus on that. She thought it is difficult to increase the rates on January 1 for the Swim Team and the Figure Skating Club because they are not on a calendar year. Case asked when the last rate increase for the pool occurred. Lambert said it was 1989. Thorfinnson noted that was eight years ago, and asked what rate we are going from. Lambert said we are going from $35 to $50 for prime time. The School District takes most of the time, and the Fox Jets take the portion from 5:00 to 6:00 and then from 6:00 to 9:00 p.m. They don't generally rent the entire pool. Thorfinnson then asked what the percentage of prime 6 CITY COUNCIL MINUTES December 2, 1997 Page 6 versus non prime pool time is. Lambert said 80% is non prime time. Thorfinnson said he was trying to determine if the term "substantial increase" is correct. Harris asked if the Oak Point pool would be able to accommodate the needs of the swim team if the community pool were not available. Lambert said the Oak Point pool is only six lanes and could not accommodate the swim team. Harris thought we are not that far out of range for the ice time fees. Buller thought it was important to look at the profit and loss for each entity. Lambert said we are not meeting the costs at the Community Center with about 1/3 of the loss from the pool and 2/3 attributable to the rinks and other facilities. Case asked what we are looking at for new revenues generated from the new rates. Lambert said it is approximately $30,000. Case asked how much of that is for pool time. Lambert said the School District and the Fox Jets are about even on the amount of revenue generated, but that would be different if we start charging the new rates for the School District on January 1 and delay the increase for the Fox Jets. Case thought it is unfortunate that the figure skaters are forced to pay high fees in order to get ice time and compete for time with the hockey association that accepts the fees because they can spread the cost more readily. He would like to be able to help families continue with the sport. Case was concerned that we have budgeted in the increased revenue and that would change if we delayed the fee increase to September. Harris noted two years ago the City Council made a policy decision that, as far as possible, all city programs should pay a reasonable proportion of their costs. Staff followed that directive and came back with these recommendations. The Parks Commission reviewed the proposed rate changes and recommended proceeding with the increases. We also want to maintain healthy alternative activities for members of the community. She thought our dilemma is to provide the increment that Staff is recommending, but at the same time to provide some relief to the clubs. Thorfinnson thought the fees for the pool are onerous, but there has not been an increase in eight years. One of the primary reasons for replacing the HVAC system was the competitive swimming in the pool. He thought we might be able to adjust the prime time hours. He said the Figure Skating Club said they had budgeted an increase into their program so that we could increase the fees part way to match what they budgeted for and look at increasing the rest of the way in September. G CITY COUNCIL MINUTES December 2, 1997 Page 7 Case suggested changing the prime time for the pool and stepping up 1/2 on the ice time. Thorfinnson thought we could increase the ice rate $3-$5 per hour until August 31, and then bump up again to reach our suggested rate by January 1, 1999. Harris said that would mean increasing to about$122 per hour to August 31, bumping to $130 on September 1, and then to $135 on January 1, 1999. Case noted we would then have a loss of revenue of about $7.50 per hour. Harris thought we need to give them time to budget. Lambert said with the proposed increase we would get about $17,500 more revenue per rink. He thought the proposed graduated increases would bring in close to 2/3 of the proposed revenue increase so that there might be $10,000-$12,000 cut in rink revenue. Thorfinnson asked if hockey has the same schedule. Munson said she thought they did. MOTION: Thorfinnson moved, seconded by Butcher-Youn.hang, to raise the ice time fees to $122.50 per hour for prime time hours between January 1, 1998 and August 31, 1998, with an increase to $130 per hour from September 1 to December 31, 1998, and a further increase to $135 per hour for 1999, with non-prime time and summer rates to be raised proportionally. Motion carried 5-0. Case asked if there is a reason to extend the prime time hours for the pool to 6:00 p.m. Lambert said they looked at what we were paying the School District for the Oak Point pool, and the swim team shares the pool with the School District from 5:00 to 6:00 p.m. Harris was not persuaded that a premium of$10 for the use of that one hour between 5:00 and 6:00 p.m. is outrageous. She thought there might be another way to do a step increase. Tyra-Lukens thought we could look at something similar to the ice time increases. A discussion followed regarding changing the prime time to 5:00 p.m. with a possible step increase. Davis said the swim team has all the money they will get until their summer season starts in April. They could budget an increase at that point and put out a new fee schedule. Lambert understood the School District is discussing changing the high school hours to a later time, and, if they do that, all of the after school 7 CITY COUNCIL MINUTES December 2, 1997 Page 8 athletic programs will move to a later time. MOTION: Case moved, seconded by Butcher-Youn'bans, to increase the rates for prime time use of the pool to $50 per hour, $40 for non-prime time use and $35 per hour after 9:00 p.m., and to change the prime time to extend from 8:00 a.m. to 6:00 p.m. on April 1, 1998. Thorfinnson thought something has to happen between the Community Center and the people who have been using the facilities. We have been dealing with people who had a lack of information, and we need something in the process to notify people what the rates will be. VOTE ON THE MOTION: Motion carried 5-0. 2. Award Bid for Eden Prairie Community Center Pool HVAC Lambert said the City took bids for the HVAC portion of the improvements and received four bids. They had estimated a cost of$275,000-$350,000; however, the low bid was $203,900 from SBS Mechanical, Inc. He said they have put in a penalty clause because we intend to advertise for pool use starting June 1. Thorfinnson asked if a $500 penalty is enough. Lambert said that is what we bid so we can't change it. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to accept the bid of$203,900 from SBS Mechanical, Inc. for replacement of the Eden Prairie Community Center Pool HVAC system. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:45 p.m. 0 OPCITY COUNCIL AGENDA DATE: �G�r1ri� SECTION: Consent Calendar 12-16-97 pr�i DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. 1997/1998 1998 RENEWAL LICENSES CONT ON SALE LIQUOR& SUNDAY LIQUOR Kabuki,Inc./dba Kabuki Restaurant Starmark Holdings LLC Leeann Chin, Inc. dba Stars Restaurant-Flagship dba Asia Grille by Leeann Chin M& S Food Service, Inc. Olympic Hills Corp./dba Olympic Hills Golf Club dba Half Time Restaurant& Sports Bar Premium Restaurant co dba Ciatti's Italian Restaurant ON SALE WINE & STRONG &3.2 BEER Purple Star, Inc. dba Green Mill of Eden Prairie Tomale, Inc. TA, Inc. dba Bakers Ribs dba Great Mandarin Restaurant Timber Lodge Steakhouse, Inc. dba Timber Lodge Steakhouse RENEWAL LICENSES FOR 1998 ON SALE CLUB LIQUOR ON SALE LIQUOR& SUNDAY LIQUOR Eden Prairie Lions Club, Inc. Apple American LTD PTSP of MN dba Eden Prairie Lions dba Applebee's Neighborhood Grill/Bar Bearpath Golf& Country Club, Inc 3.2 BEER ON SALE dba Bearpath Golf& Country Club Bent Creek Golf Club, Inc. Cedar Hills Golf Park/dba Cedar Hills Golf dba Bent Creek Golf Club Davanni's, Inc. Buca(Eden Prairie)Inc. dba Davanni's Pizza&Hot Hoagies dba Buca di Beppo Lions Tap, Inc. /dba Lions Tap Cliff Corporation Pizza Huts of the Northwest/dba Pizza Hut dba Doolittles Residence Inn by Marriott Courtyard Management Corp. Signature Beef& Grill,Inc. dba Courtyard by Marriott dba Signature Beef& Grill D'Amico Partners Hospitality Consulting, Inc. dba Campiello ON SALE LIQUOR, SUNDAY & CIGARETTE DF&R Operating Company, Inc. dba Don Pablo's Leiserv, Inc. Innovative Restaurant Concepts,Inc. dba Brunswick Eden Prairie Lanes dba Rio Bravo Cantina & dba Watertower Brewing Company December 16, 1997 1 OP CITY COUNCIL AGENDA DATE: eden SECTION: Consent Calendar 12-16-97 pr�iri� DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. RENEWAL LICENSES CONT ON SALE WINE & STRONG & 3.2 BEER Beijing Two, Inc./Beijing Chinese Cuisine Cam Ranh Bay, Inc. dba Cam Ranh Bay Restaurant Detello's Inc./dba Detello's Pizza& Pasta Fuddruckers, Inc./dba Fuddruckers Mister Q's Inc./dba Mister Q's Vietnamese Cuisine 3.2 BEER OFF SALE & CIGARETTES Ashland,Inc. dba SuperAmerica#4159, 4269, 4441 Fleming Companies, Inc. dba Rainbow Foods Hiawatha Marketing, Inc. dba Eden Prairie Grocery Jerry's Enterprises, Inc. dba Cub Foods PDQ Food Stores, Inc./dba PDQ Food Store Tom Thumb Food Markets -#269 &#275 The W. Gordon Smith Co CIGARETTES Avanti Petroleum, Inc. Twin City Stores, Inc. dba Oasis Market Shinders Read More Book Store, Inc. Snyder's Drug Store -#54 & 87 Wal-Mart December 16, 1997 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 16, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Resolution Approving Special Legislation Administration for Public Safety Training Facility TV6. Requested Action Adopt the Resolution approving Special Legislation for a Joint Public Safety Training Facility. Background Over the past two years we have been working with several other cities in the southwest metro area, including the Metropolitan Airports Commission's Public Safety Department, to develop plans for a Joint Police and Fire Training Facility. Currently such training facilities are becoming very scarce and some essential training activities are becoming more difficult and costly to maintain. The proposed facility would be located in western Edina, close to the Eden Prairie border. To implement this project, a Joint Powers Agreement amongst all the parties will be needed, plus a viable financing plan. We are pursuing several funding mechanisms at this time, and we successfully secured legislation in the 1997 Session to allow cities to issue bonds without needing a referendum if the City Council would so choose. In order to secure this option, the City Council needs to adopt the attached Resolution. Fiscal Impacts This action does not commit the City to any financial obligations at this time. It only serves to preserve the City's authority to issue bonds at some future time for this important project. • Form c\hr\council\agn-form.wpd Rev 12/4/95 LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW FIRST BANK PLACE 1600 IBM PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 ROBERT I.LANG EDEN PRAIRIE OFFICE ROGER A.PAULY SUITE 370 DAVID H.GREGERSON* 250 PRAIRIE CENTER DRIVE RICHARD F.ROSOW EDEN PRAIRIE,MINNESOTA 55344 MARK J.JOHNSON TELEPHONE:(612)829-7355 JOSEPH A.NILAN* FAX:(612)829-0713 TODD A.SATTLER JENNIFER M.1NZ REPLY TO MINNEAPOLIS OFFICE JERRY D.PERRON JAMES W.DELAPLAIN *Also Admitted in Wisconsin December 1, 1997 Mr. Carl Jullie Eden Prairie City Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: Resolution Approving Special Legislation for Public Safety Training Facility Dear Mr. Jullie: Enclosed please find a resolution approving the special legislation passed in the 1997 legislature relating to the acquisition, construction and equipping of a public safety training facility to be jointly operated by a joint powers association. The resolution must be adopted by a majority of all members of the Council. Upon adoption, the City Clerk is required to file with the Secretary of State a certificate stating the essential facts necessary to valid approval including a copy of the resolution of approval. I enclose a copy of the form I requested from the Secretary of State's office. If the City fails to file the Certificate of Approval before the first day of the next regular session of the legislature, the law is deemed to be disapproved by the City. I also enclose a copy of the legislation. Please note Section 2 of the legislation contains a publication requirement prior to adoption of the resolution authorizing the issuance of bonds. At such time as the City is prepared to issue bonds, it must publish a notice in its official paper and the resolution authol:zing the issuance of bonds mIiay not be adopted for at least 15 days after publication. Very truly yours, LANG, PAULY, GREGERSON & ROSOW, LTD. By 4,,t/oLZF. R/osow - RFRsmk Enclosures rfr\ep\resoluti\j ull ie.d01 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION APPROVING SPECIAL LAW PERMITTING THE CITIES OF BLOOMINGTON, CHANHASSEN, EDEN PRAIRIE, EDINA, AND RICHFIELD TO ISSUE GENERAL OBLIGATION BONDS FOR A JOINT TRAINING FACILITY BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, pursuant to Minnesota Statutes Section 645.021, Subdivision 2, that Minnesota Laws 1997, Chapter 231, Articles 6, Section 22, is hereby approved. Passed by the City Council this day of , 1997. Dr. Jean Harris, Mayor Attest John D. Frane, City Finance Director/Clerk 3 Sec. of State Elect. Fax:612-29609073 Dec 1 '9? 17:13 P.02/02 CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the DOES HEREBY CERTIFY, that In compliance with the provisions of Laws, 19 . Chapter requiring approval by a majority' vote of the governing body of said local governmental unit before it becomes effective, the (designate governing body) at a meeting duly held on the day of 19 , by resolution • did approve said Laws, 19 , Chapter (if other than resolution, specify) by a majority vote' of all of the members thereof (Ayes ; Noes, ; Absent or not voting ) and the following additional steps, if any,required by statute or charter were taken: • A copy of the resolution is hereto annexed and made a part of this certificate by reference. . Signed: SEAL (Official designation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021) if extraordinary majority Is required by the special law, insert fraction or percentage here. Please see reverside side for instructions for completing this form. u Sec. of State Elect. Fax:612-296-9073 Dec 1 '97 17:13 P.01/02 INSTRUCTIONS • Include the chapter number in the Laws of Minnesota that Is to be approved on the Certificate of Approval form and in the resolution that approves the special law. Return the completed originally signed Certificate of Approval form Nit a photo copy of the resolution that approved the special law to: Election Division Secretary of State 180 State Office Building 100 Constitution Ave. St. Paul, MN 55155-1299 • * If you have any questions please contact Renee Coffey at (612)296-2805. • • • • Post-it'Fax jNote 7671 Dee lq ip'e ,S► A ki _/j- l From CoJDept � ( Co. Phone* Phofi r 3.81es' Farah Jill— fit Pa" • • S 12/01/97 13:19 FAX 927 7645 CITY OF EDINA I1002 1 A bill for an act 2 relating to local government; permitting the cities of 3 Bloomington, Chanhassen, Eden Prairie, Edina, and 4 Richfield to issue general obligation bonds for a 5 joint training facility. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 7 Section 1. (PUBLIC SAFETY TRAINING FACILITY. ] 8 Each of the cities of Bloomington, Chanhassen, Eden 9 Prairie] Edina, and Richfield may issue general obligation bonds 10 of the city in an amount not to exceed $1,000,000 for its share 11 of the cost of the acquisition, construction, and eauipDina of 4 • 12 pjblic safety training facility to be jointly operated by a 13 joint powets association consisting of two or more municipal or 14 public corporations of which that city is a member. The 15 issuance of the bonds is subject to Minnesota Statutes, chanter 16 475, except that no election shall be required except as 17 provided in section 2. 1t Sic. 2. (REVERSE REPERENDUM. ] 19 Before the adoption by the governing body of a city of any 20 resolution authorizing the issuance of any bonds authorized by section 1, the city shall publish a notice in the official 22 newsoaeer of the city stating that the governing body of the 23 city intends to consider the authorization of the issuance of 24 the bonds, stating the amount, purpose, and, in general, the 25 security and source of payment for the bonds. The resolution Section 2 (I` 1 CITY OFBINA 003 12/01/97 13:20 FAX 927 7645 - _ -SENT BY: . 3-21-97 : 12:47 : HOUSE OF REM.- 927 7645;# 3/ 3 03/20/97 (REVISOR l RJS/Ca 97-3354 1 authorising the issuance of the bonds shall not be adopted by 2 the governing body of the city for at least 15 days after .���■..-■��.r. err r ■ � 3 publication of the notice of intention. If within 15 dayE after 4 publication of the notice of intention a petition asking for an 5 election on the Drovosition that the city issue the bonds signed 6 by the voters equal to at least ten percent of the registered 7 voters in the city is filed with the clerk, no bonds may be 8 issued by the city unless approved by a maiority of the voters 9 of the city voting on the question of the issuance at a regular 10 or special election. 11 sec. 3. [EFIECTIVE DATE; LOCAL APPROVAL. ] 12 This art is effective with resoeft to any of the cities of 13 Bloomington, Chanhassen, Eden Prairie,_Edina and Richfield the 14 day after comaimElLby that city with Minnesota Statutes, 15 section 645.021, subdivision 3. /9a9 ,g . . .. • . .... ..w _.w..w- fffw.w• ii.i. DATE: 12/16/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 1 f C SECTION: Consent Calendar 1 t/ DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Pine Estates Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Pine Estates subject to the following conditions: • Receipt of engineering fee in the amount of$574.00 • Receipt of street lighting fee in the amount of$1,607.00 • Receipt of street sign fee in the amount of$560.75 • The requirements as set forth in the Developer's Agreement • Prior to release of final plat, Developer shall submit proof that a joint access and maintenance agreement has been filed with Hennepin County • Prior to issuance of first building permit, Developer shall submit a conservation easement for review and written approval by Director of Parks, Recreation and Natural Resources • Revision of plat to include drainage and utility easement over the conservation easement area (Lots 1-8, Block 1 and Lots 10, 11, 13 and 14, Block 1) Background: This proposal is located in the Southwest Quadrant of Bluff Road and Hennepin Town Road. The plat consists of 5.81 acres to be divided into 14 single family lots and one outlot. The preliminary plat was approved by the City Council September 16, 1997. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 7, 1997. JJ:ssa cc: Dennis Lunski, Lunski Construction and Design, Inc. Perry Ryan, Ryan Engineering Bruce Skipton, Bohlen Surveying and Engineering, Inc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PINE ESTATES WHEREAS, the plat of Pine Estates has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Pine Estates is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 3, 1997. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 16, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. 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MA AIIIMEMMI. ,CI 7�i'-'.-1 HI.:I C-,H(5 HC ',1 kI711Jf1.7 Lh?C hL'J"TO 7C •fiT 7C[r :gin :-r DATE: 12/16/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ` SECTION: Consent Calendar '-Y DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5448 Engineering Division Summary of Bids 1998 Mary Krause Maintenance Materials and Water Treatment Chemicals Requested Action: We recommend award of the maintenance materials and water treatment chemicals to the suppliers as shown on the accompanying resolution. Overview: Bids were received on December 4, 1997 for the 1998 supply of Street Maintenance and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals. The accompanying resolution shows the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Primary Issues: MnDOT 2331 Type 41A & B Mixes: Class 5 Recycled AEQresate and Class 2 Aggregate: Two bids were received for MnDOT 2331 Type 41A and B Mixes with the low bidder being Mueller& Sons,Inc. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a small savings to use asphalt supplied from Mueller& Sons, Inc.. However, due to production capabilities and demand and availability at the Mueller plant,the resolution awards 41A&B mix to Mueller&Sons,Inc. and Commercial Asphalt. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration time, equipment and labor to haul the material was done for the Class 5 Recycled and Class 2 aggregates. The analysis for Class 5 Recycled show a savings by utilizing CAMAS, Inc./Shiely Division and the Class 2 analysis shows a savings by utilizing Mueller & Sons, Inc. Financial Issues: Water Treatment Chemicals The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Bid results for the water treatment chemicals are reflected on the bid tab. One item, Sodium Polyphosphate, needs further clarification. ECOLAB submitted the apparent low bid at $1300/ton for Sodium Polyphasphate. However, the bid submitted was for an "alternate" chemical which does not meet the required specification. Therefore, the recommendation is to award the Sodium Polyphosphate to Hawkins Chemical, Inc. for $1674/ton (1997 price was $1674/ton). Actual quantities used will vary depending upon the 1998 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 98-5448 - 1998 Maintenance Materials and Water Treatment Chemicals bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Director of Public Works recommends award of Contract as follows: 1 Mn/DOT 2331 Type 41A Mix Commercial Asphalt $21.60/Ton Mueller&Sons, Inc. $17.06/Ton 2 Mn/DOT 2331 Type 41B Mix Commercial Asphalt $20.60/Ton Mueller&Sons, Inc. $16.53/Ton 3 Class 5 Recycled(100% Crushed)Agg. CAMAS,Inc./Sheily Division $4.32/Ton 4 Class 2 (100% Crushed) Aggregate Mueller&Sons, Inc. $4.53/Ton 5 Quicklime Cutler-Magner Company $64.30/Ton 6 Dry Ferric Sulfate Van Waters&Rogers $224.00/Ton 7 Liquid Ferric Sulfate(12% solution) DPC Industries, Inc. $1.0361/Gallon 8 Liquid Chlorine(150 lb. cylinders) Hawkins Chemical, Inc. $756.00/Ton 9 Liquid Chlorine(1 ton shipments) Hawkins Chemical, Inc. $514.50/Ton 10 Liquid Carbon Dioxide Koch Carbon Dioxide $90.00/Ton 11 Sodium Polyphosphate Hawkins Chemical, Inc. $1,674.00/Ton 12 Sodium Silicofluoride Van Waters &Rodgers $610.00/Ton as the lowest and/or most responsible bidders. NOW,THEREFORE,BE rr RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are hereby authorized and directed to enter into a Contract with the above named suppliers for the amount listed in accordance with the specifications thereof approved by the City Council and on file in the office of the Director of Public Works. ADOPTED by the Eden Prairie City Council on December 16, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY COUNCIL AGENDA DATE: 12/16/97 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. IV.E. Administration Bylaw Change for Eden Prairie Fire Relief Association Background The Eden Prairie Fire Relief Association provides retirement benefits for our volunteer fire fighters. The benefits to be provided are defined in the Bylaws of said Relief Association. Any changes to these Bylaws must be approved by the City Council. State Statutes govern the maximum amount of monthly pension payments which can be paid to retired volunteer fire fighters. Currently retired Eden Prairie fire fighters receive $30.00 per month per year of service. For example, with twenty years of service, the pension amount would be $600.00 per month as a lifetime annuity. About four years ago, the City and Fire Relief Association jointly pursued legislation to increase the allowable pension maximum, but that effort was unsuccessful. The current $30.00 amount has been in effect since 1991. The 1997 Legislature did change the maximum pension cap from $30.00 to $40.00. The Relief Association is now requesting the Council to approve the attached Bylaw change which would authorize the association to increase the pension amount for its members to the allowable $40.00 per month per year of service. The City's budgeted annual contribution to the Fire Relief Association for 1997 is $500,000. Upon approval of the requested change, this amount would increase to $528,000 for next year. This amount was determined through an actuarial study by Deloitte & Touche completed in October 1997. The additional $28,000 amount is included in the 1998 City Budget scheduled for approval on December 16. Funding for the additional $28,000 was available from an increase in State Fire Relief Association pension aid. Recommended Action Recommend approval of the Bylaw change for the Eden Prairie Fire Relief Association authorizing an increase in the maximum pension amount to $40.00 per month per year of service. Form c\hr\councilan-fo m.wpd Rev 12/4/95 6. Adoption of Robert's Rules. All meeting of the Association and Board of Trustees shall be conducted according to Robert's Rule of Order, as revised. 7. Order of Business. The order of business at meetings of the general membership shall be: a. Call to order. b. Roll call. c. Reading of minutes of previous meetings. d. Reading of reports and minutes of Board of Trustees' meetings. e. Report of Officers. f. Membership applications. g. Report of special committees. h. Unfinished business. i. Election of Officers or Trustees(annual meeting). j. New business. k. Adjournment. Article VII Pension Benefits 1. Active Duty and Age Requirements. When a member of the Association has retained membership in good standing and the Association for at least ten years,has served as an active fire fighter in the Eden prairie Fire Department for at least ten years, and has reached the age of fifty years or more,the member in entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows: a. Monthly Service Pension: A monthly service pension shall be calculated by multiplying $40.00 timeeach year that the member has been an active fire fighter n the Eden Prairie Fire Department and member in good standing of the Association,up to a maximum pension of$1,200.00 per month. b. Lump Sum Service Pension. A lump sum service pension shall be calculated by multiplying 100 times the monthly service pension to which the member would been entitled. 2. Calculation of Oual f ing Years. A year of service as an active fire fighter for purposes of calculating the service pension shall mean 12 complete calendar months. If a member's period of service as an active fire fighter has been continuous, parts of years may be added together to.calr.»late full years. In addition,parts of months may be added together to calculate full months,provided, however,that in such a calculation be assumed that 30 days equals a full month. 7 Revised 9/29/97 File Name BYLAWS EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-16-97 SECTION: PUBLIC HEARINGS ITEM NO. V•fl DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger UNITED HEALTHCARE,INC. -LAZARETTI Michael D. Franzen PROPERTY Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for Planned Unit Development Concept Review on 35 acres; 3. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations(and Council conditions). Background: United Healthcare wants to build a 720,000 square foot corporate campus on the 18 acres of the site that is guided office. The remainder of the site would not be developed. This saves the wooded hill to the east(currently guided medium density residential) and the wetlands to the south(currently guided quasi-public open space). The 720,000 square foot corporate campus is a.90 floor area ratio. This is a planned unit development waiver for the net land area. The floor area ratio on 35 total acres is .47. The City code permits up to a .50 floor area ratio. The transfer of density to save wetlands and the wooded hill can be a reason to consider the higher floor area ratio. The traffic study recommends road improvements to accommodate traffic at full development of the city, development of the Honeywell site, and development of the United Healthcare site. With road improvements,the roads and intersections will be operating very close to capacity. The Honeywell and United Healthcare sites are the same size. To be fair to both properties, the capacity of the improved roads and intersections could be dividing equally between the sites. Since the study is based on 1,180,000 square feet,then 590,000 square feet could be allocated to each property. Each site would be responsible for 50% of the road and intersection improvement costs if these sites want to proceed in advance of future County and State improvements. If either site wants to develop beyond the improved road and intersections capacity the following shall be required: • A Travel Demand Management program to keep peak hour traffic at level of service D or better. • Construction of a public road connection between west 62nd street and City West Parkway. There is some reserve capacity at the City West Parkway intersection. Staff Recommendation: The staff recommends approval of the Planned Unit Development Concept November 21, 1997, subject to the recommendations of the Staff Report dated November 21, 1997. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the Planned Unit Development Concept Review for the project at its November 24, 1997 meeting subject to the recommendations of the Staff Report. Supporting Reports: 1. Resolution for PUD Concept Review 2. Staff Report dated November 21, 1997 3. Planning Commission Minutes dated November 24, 1997 4. Correspondence 2 UNITED HEALTHCARE,INC. -LAZARETTI PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF UNITED HEALTHCARE,INC. -LAZARETTI PROPERTY FOR UNITED HEALTHCARE 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 City Planning Commission did conduct a public hearing on the United Healthcare,Inc. -Lazaretti Property PUD Concept by United Healthcare and considered their request for approval for development(and waivers) and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on December 16, 1997; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. United Healthcare,Inc. -Lazaretti Property,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 dated December 9, 1997. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 24, 1997. ADOPTED by the City Council of the City of Eden Prairie this 16th day of December, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk United Healthcare, Inc. - Lazaretti Property Exhi it A Legal Description: NE 1/4 of the NW 1/4 of Section 1, T116,R22. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 21, 1997 SUBJECT: United Healthcare, Inc. -Lazaretti Property APPLICANT: United Healthcare OWNER: Raymond Lazaretti LOCATION: West 62nd street, South of Highway 62, West of Shady Oak Road REQUEST: 1. Planned Unit Development Concept Review on 35 acres. • 1qL, ,_ ji,.._,---7----:JIAllIk: wua xi; \ I 1_______._.____ W, I62 `NO 5T - r�il • • I N....... _s.p;..;; ._ • • itME.�tl,.'.•,:`I �arliLi .QG'.`. -...."1 : _ a111011 1 • atat cv ?0147 cr 2.M.Ts \ . tilt #CSC • , f� :L: / ...,""-\l i r r' Q \o \ . .• ,..... -\\ „.-1 \ IV //r/' V i 1 Ji 41A. ., o �,,• ; // L jjs i wr Ir_. t71. \ \ ./----Th ,,,. ////- - I. �/ T i , j "----..1 , \ •,\--..7_. . r , ,;. ,,, \\ -o \ i' .'11.' A .. .ri....'*-- , ,‘ L: // / 7/:// i \ .: i cs.;4'. . i '..:H f:,!.: 't /. . I WWI, I ,...?. \.. r Sy'go1.Y , I 7-1 7t.,A1..2 Y / ! ''''..' .....%•:- ....c,,• 1 I /' / .'%:j.:i1;. -\ i -.'....\i ,..- - . 1 1 / . %,:'.Lsi\ /, , :\\:\ ' ..- :.' ' / / 4\.1.1 . ..::::::.- . 1 , ... `" y I/ rr a I "•::• ill ->.:•“- • Y.: t 42742 l/r .7 . _ 272 1 YL 70t TH ST. 7 I r �I III 6 Staff Report United Healthcare, Inc. Lazaretti Property November 21, 1997 BACKGROUND The site is currently guided office, medium density residential, and quasi-public open space. Surrounding land is guided office and high density residential. The site is currently zoned rural. Surrounding land is zoned office,high density residential, and rural. PUD CONCEPT United Healthcare wants to build a 720,000 square foot corporate campus on the 18 acres of the site that is guide office. The remainder of the site would not be developed. This saves the wooded hill to the east (currently guided medium density residential) and the wetlands to the south (currently guided quasi-public open space). The 720,000 square foot corporate campus is a .90 floor area ratio. This is a planned unit development waiver for the net land area. The floor area ratio on 35 total acres is .47. The City code permits up to a .50 floor area ratio. The transfer of density to save wetlands and the wooded hill can be a reason to consider the higher floor area ratio. GUIDE PLAN The guide plan is a general graphic showing future land uses. Sites that have multiple designations require an interpretation of how much land is guided for a land use and where the division line is between different land uses. Sheet S.1 is a representation of the guide plan on the property. Sheet S.2 is a site plan exhibit which shows approximately one acre of the project on land that is guided medium density residential. Since the proposed plan saves natural features, and the amount of land area subject to interpretation is small, the land use division line between office and residential (proposed by the developer) could be readjusted, so there is no loss or gain for either land use. LAND NORTH OF HIGHWAY 62 There is a 3.4 acre piece of land north of highway 62,which is guided office and proposed by United Healthcare for either additional office or multiple family. The use of this site for additional office, while an appropriate land use,needs to be included as part of a density transfer as a tradeoff for the corporate campus on the south side of Highway 62. The use of this site for housing is possible in the mixed used Opus development. This could be similar to housing in the City West development to the south of this site in Eden Prairie. However, the site is small, steeply sloped and covered with trees. For this reason density transfer would be the better land use choice for the site. 7 • Staff Report United Healthcare, Inc. Lazaretti Property November 21, 1997 TRAFFIC The City's approved 1997 Transportation Plan traffic projections were based on the site developing according to the guide plan at 10 units/acre for the medium density land and a .30 floor area ratio for the office land. Though the City code permits up to a .50 floor area ratio, the .30 was used for growth forecasts since it represents an average floor area ratio for all office developments approved and or built in the City. The traffic study recommends road improvements to accommodate traffic at full development of the city, development of the Honeywell site, and development of the United Healthcare site. With road improvements,the roads and intersections will be operating very close to capacity. To allow United Healthcare (.47 floor area ratio)to use up more of the road and intersection capacity would be not be fair to the Honeywell site, since it is assumed to develop at a .30 floor area ratio. The Honeywell and United Healthcare sites are the same size. If Honeywell is permitted to development at the same .47 floor area ratio as United Healthcare, the improved roads and intersections will be over capacity. Since the road and intersection improvements proposed will require right of way acquisition, it can be assumed that additional right of way will be needed to accommodate a larger Honeywell development. It may be that additional road improvements will not be physically and/or economically possible. To be fair to both properties,the capacity of the improved roads and intersections could be dividing equally between the sites. Since the study is based on 1,180,000 square feet, then 590,000 square feet could be allocated to each property. Each site would be responsible for 50% of the road and intersection improvement costs if these sites want to proceed in advance of future County and State improvements. County and State improvements are not known at this time. If either site wants to develop beyond the improved road and intersections capacity the following shall be required: • A Travel Demand Management program to keep peak hour traffic at level of service D or better. • Construction of a public road connection between west 62nd street and City West Parkway. There is some reserve capacity at the City West Parkway intersection. This concept of sharing road and intersection improvement costs with travel demand management will require an agreement between United Healthcare,Honeywell, and the City. United Healthcare should initiate discussions with Honeywell. If an agreement cannot be reached,then the first site to develop would pay for all of the road and intersection improvements costs. Staff Report United Healthcare, Inc. Lazaretti Property November 21, 1997 STAFF RECOMMENDATIONS The staff recommends approval of the Planned Unit Development Concept November 21, 1997, subject to the recommendations of the Staff Report dated November 21, 1997 , and subject to the following conditions: 1. United Healthcare shall provide the City with a conservation easement over the undeveloped land on the property. 2. United Healthcare shall develop and implement a Travel Demand Management program to keep roads and intersections operating at level of service D or better. This would be for the traffic generation above 590,000 square feet of building. 3. United Healthcare should initiate discussions with Honeywell on road and intersection improvements. If an agreement cannot be reached,then United Healthcare shall pay for and construct the road and intersection improvements identified in the October 30, 1997 Traffic Study by Benshoof and Associates. 9 Planning Commission Minutes November 24, 1997 IV. PUBLIC HEARINGS A. UNITED HEALTHCARE. INC.-LAZARETTI PROPERTY by United Healthcare. Request for Planned Unit Development Concept Review for a 720,000 square foot corporate campus on 35 acres. Location: West 62nd Street, South of Highway 62, West of Shady Oak Road. Lynn Wallach, representing United Healthcare, presented background information surrounding United Healthcare noting in 1990 there were 2,900 employees and today there are 30,000 employees. It's the national leader in managed care and related services operating in all 50 states and Puerto Rico. They currently occupy seven million square feet of space nationwide of which 1.1 million square feet is in the Twin Cities. He reviewed the concept plan with the Commission noting the proposal is for a 720,000 square foot building. The site is about 30.1 acres divided into three uses;office space,medium density residential and public space. They are not suggesting any change to the guide usage. The site has a heavily wooded hillside and five wetlands which are the major features on the site. Two of the wetlands are insignificant and will be mitigated. The proposed building site will minimize the impact on the site overall,keeping and enhancing the three major wetlands and leaving the wooded hillside undeveloped. The majority of the site will be left as undeveloped natural space and will be enhanced by the design. Some of the wetlands will be enhanced for storm water runoff and the idea is to have minimum amount of site impact with the maximum amount of green space. Alexander expressed concern about the two insignificant wetlands. Wallach said the two smaller wetlands are not existing ponds with supporting water but rather vegetation. They are considered wetlands that can successfully be mitigated as has been done in the past in this area. The mitigation will take place on site. Ismail was concerned about the existing house on the property. Wallach indicated the house will be demolished. Foote commented there is only one entrance now at 62 Street and read in the report there is a possibility of running a diagonal entrance in.He asked where that would be. Wallach explained there are two possibilities and pointed them out of the map. He noted their preference is to have a second entrance. 2 10 Planning Commission Minutes November 24, 1997 Foote recommended a second entrance. Ismail was concerned about the variance requests regarding the building height limit of 30 feet. Wallach indicated there is a 30 foot height limitation and they are proposing their new building be a combination of five and six story buildings rather than one 30 foot high building. Clinton commented the plan calls for 3000 parking spaces and asked if that's the number of anticipated employees. Wallach said they anticipate between 3000 and 3,500 employees. Clinton asked if there will be some other mass form of transportation for the other 500 employees. Wallach replied yes. Franzen reviewed the staff report with the Commission. After.discussions among staff,the direction has been to build away from the larger wetlands and away from the wooded hillside, and build taller buildings with structured parking. This has been done most recently with the Liberty Trust building which is a 180,000 square foot building. Staff also discussed doing a traffic study to determine what capacity the roads and intersections have in the area. As a result of that study, staff recommended United Healthcare pay for anticipated costs for improvements at the intersection. The site plan is consistent with the City's design philosophy for building taller buildings and a taller parking deck to keep the site features. Staff recommended approval subject to the recommendations on the last page of the staff report. Sandstad asked what the likely traffic upgrades of the surrounding roadways detailed in the report will be. Jim Benshoof,Benshoof and Associates,noted he conducted the traffic study and gave an overview of the anticipated roadway improvements needed to accommodate the growth and traffic expected with both the development of this proposed use and long term traffic growth as well. Ismail was concerned about United Healthcare's response to paying for some of the roadway improvements. Franzen said United Healthcare indicated they would work with the City any way possible to get the improvements done. They also indicated they would do whatever is needed to do in terms of a Traffic Demand Management plan to reduce traffic down a level as indicated in the staff report. They also indicated examples of things they have done elsewhere around the country to reduce the traffic. Sandstad asked how strongly the City feels about a second access into this property. Gray said there would be some desirability to having a second 3 Planning Commission Minutes November 24, 1997 access. It's more likely to occur with the development on their own property. Sandstad asked if there would still be a looped water main serving the building. Gray replied yes. The public hearing was opened. Ismail commented he has no hesitation supporting the project as long as the traffic problem is dealt with. Alexander concurred with Ismail. She said it's a nice project and appreciated all the work put into it. Wissner commented she very much liked the fact that the project is being phased. It's a wonderful concept review and will be a nice campus. She also liked the idea of the natural landscaping remaining untouched. She approved the concept plan. Habicht commended United Healthcare on their work noting it's easy to support a plan where the wetlands, trees and slopes are left virtually untouched. He supported the concept plan. Foote said he appreciated the 70 percent green space. United Healthcare would be an asset to the community and he supported the project. MOTION 1: Foote moved, seconded by Sandstad, to close the public hearing. Motion carried 7-0. MOTION 2: Foote moved,seconded by Sandstad,to recommend to the City Council approval of the request of United Healthcare for Planned Unit Development Concept Review for a 720,000 square foot corporate campus on 35 acres. Motion carried 7-0. 4 K,`NNESo,, a t Minnesota Department of Transportation tiroF„tF°q Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 November 26, 1997 Michael Franzen Community Development Department City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Michael Franzen: SUBJECT: United Healthcare Site Plan Review S97-085 Southwest Quadrant of Trunk Highway 62 and Trunk Highway (TH) 212 Eden Prairie, Hennepin County C.S. 2773 The Minnesota Department of Transportation (Mn/DOT) has reviewed the United Healthcare site plan. We find the plan acceptable for further development with consideration of the following comments: • A Mn/DOT stormwater drainage permit may be required. A grading/drainage plan, hydraulic computations, and drainage area maps, showing existing and proposed conditions must be submitted to us for review before construction begins. Existing drainage patterns and rates of runoff affecting TH 62 and TH 212 right of way should be perpetuated. The Army Corps of Engineers, the Minnesota Department of Natural Resources, and the Nine Mile Creek Watershed District should also review this plan. Questions about Mn/DOT's stormwater drainage concerns may be directed to Mike Fairbanks of our Water Resources Section at 797-3088. • An approved access permit is required prior to constructing the new entrance to the frontage road. Bill Warden of our Permits Unit may be contacted at 582-1443 for further information regarding permit processes and the appropriate forms. • A comprehensive traffic analysis should be conducted for the proposed development. If this development necessitates additional trunk highway or frontage road improvements, then the improvements are the responsibility of the project proposer, the city or both. It is increasingly important that the region's highway system is effectively managed. The "traffic analysis we are requesting will identify potential problems before development occurs. Often, implementing safety and congestion solutions after development occurs • is difficult and costly. Contact Tony Winiecki of our Traffic Management Section at 797-3134 for further information regarding the requested traffic analysis. An equal opportunity employer P2j Michael Franzen November 26, 1997 page two • Any use of or work within Mn/DOT right of way will require an approved Mn/DOT permit. The permit required depends upon the nature of the proposed work. Bill Warden of our Permits Section may be contacted, as noted above, for further information regarding the permit process. Please contact me at 582-1383 with any questions regarding this review. Sincerely, Lisa Christianson Transportation Planner/Local Government Liaison c: Dave Zetterstrom, Hennepin County Public Works lLi IRFBENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS LANE, SUITE 500/EDINA, MN 55439/(612) 832-9858/FAX(612) 832-9564 October 13, 1997 REFER TO FILE: 97 - 74 Mr. Michael Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Proposal to Complete Traffic Study for Office Development Proposed by IA Chicago, P.C. Dear Mike: As a follow-up to recent discussions with yourself and with Lynn Wallack of IA Chicago, this is to submit our proposal to complete a traffic study for a proposed office development which would be located on a 35 acre site east of Shady Oak Road and south of TH 62 in the City of Eden Prairie. As we understand, the planned development would consist of about.600,000 to 700,000 sq. ft. of office space. We have learned that the traffic implications of this proposed development need to be addressed due to size of the development and because the proposed use would require an amendment to the City's Comprehensive Plan. In the context of the preceding points, our objective is to effectively address the traffic questions pertaining to the proposed development. We will strive to achieve an outcome that meets the interests of the City and that is satisfactory to IA Chicago. In order to successfully fulfill these needs, we have developed a two phase work program. The first phase, which was completed with our memorandum dated October 8, is to provide an overall review of the existing traffic situation at key affected intersections and of the framework for accommodating the traffic needs of the proposed development. The second phase will involve detailed analyses regarding the ability of the roadway system to accommodate the traffic increases associated with the proposed development. Specific work tasks addressed under each phase are as follows: Phase 1 .1.1 Collect background information. The purpose of this task is to obtain the background items that are important to complete the initial traffic review. Such items include: - a.m. and p.m. peak period traffic counts at the intersections of Shady Oak Road with 62nd Street and with the westbound ramps for TH 62. — existing geometry and signal operations for the two above referenced intersections. Mr. Michael Franzen -2- October 13, 1997 — development concept plan. — information from the City regarding the zoning and comprehensive plan designations for the property, the amount of future development on this property that was accounted for in the City's Transportation Plan, and any other major nearby anticipated developments. We already have available results from previous traffic studies that we have conducted in this area. 1.2 Conduct initial traffic review. The two items accomplished under this task are: 1)to determine the existing levels of traffic service at the two previously referenced intersections on Shady Oak Road in order to understand their ability to accommodate additional traffic volumes and 2)to determine the relationship of the proposed ukVeiopiraeilt to the zoning, guiding, and premises established in the Transportation Plan. 1.3 Prepare a memorandum report. The purpose of this task is to prepare a brief report to document the results of the preceding steps. Phase 2 2.1 Collect additional data, if needed. Based on City staff comments to our report from task 1.3, we anticipate needing to collect further information. One such item that we expect to be needed consists of a.m. and p.m. peak period traffic counts at the intersections of Shady Oak Road with City West Parkway and with the ramps to and from TH 212. Also, we will obtain further information regarding Shady Oak Road in terms of as-builts and plans for improvements. 2.2 Complete traffic forecasts. The first step in this task is to complete trip generation projections for the proposed development and to correlate those projections to the trips that would be generated if the property developed accordance with the Comprehensive Plan. Next, a.m.and p.m. peak hour traffic forecasts will be established for all key intersections affected by the development for the year after the development would be completed. 2.3 Complete traffic analyses. Capacity analyses will be completed to determine the ability of the key intersections to accommodate the traffic growth anticipated due to the proposed development. If any difficulties are identified, candidate mitigation measures will be developed. 2.4 Develop draft conclusions and recommendations. Based on the analyses from the preceding task, a draft set of findings will be established. These draft results will be reviewed with staff from the City and IA Chicago. Further analyses then will be performed as needed to address any questions that are raised. I(� Mr. Michael Franzen -3- October 13, 1997 2.5 Prepare a report. A draft report will be prepared to document the results of the traffic analyses and to address the ability of the roadway system to accommodate the development traffic in a manner that effectively meets the objectives of the City and IA Chicago. This draft report will be provided for review and comment. After making any appropriate refinements, the report then will be submitted for official consideration by the City. We will complete our work in an expeditious manner and are committed to fully meeting your scheduling objectives. Specifically, we submitted our Phase one report on October 8 and will be prepared to review the draft results from our Phase two work with you by October 30 if we are authorized to proceed by October 15. Labor costs will be billed on an hourly basis using the following rates: Principal- $105.00, Sr. Professional II- $85.00, Sr. Professional I - $60.00, Professional_ $50.00, Technician- $47.50, and Secretary- $42.✓0. Direct Cipel= billed ut'vnJ4, The itaxmum estimated cost Lo'complete the Phase one work program is $1,900, and the maximum estimated cost for Phase two is $4,900, for a total maximum cost estimate of$6,800. If any extra items are requested, such as participation at public meetings or assistance to prepare an Environmental Assessment Worksheet, the costs for these efforts will be billed on an hourly basis using the above rates. We will not proceed on any extra work unless you specifically request such assistance. We will coordinate closely with you and will focus tightly on the specific issues in order to complete our work effectively and at minimal cost. Invoices will be submitted on a monthly basis for work performed in the prior month. I look forward to hearing your reactions to this proposal. We are enthused about this project and look forward to working with you and other participants to effectively address the traffic issues regarding the office development proposed by IA Chicago. Sincerely, BENSH OF& SS CIATES, INC. I� Unapproved Minutes Parks,Recreation and Natural Resources Monday,December 1, 1997 Lambert said there are not a lot of recreational activities you can do on a no wake zone. You can fish,canoe, and barely sailboat, so it's very restrictive during a very high use time of day. Hilgeman commented no wake zone is too restrictive and it's going to restrict recreational use. It's also switching from one unenforceable ordinance to another enforceable ordinance. MOTION: Hilgeman moved, seconded by Corneille, to not change the Surface Management ordinance for Bryant Lake at this time. Motion carried 4-0. Lambert noted this petition will still go to the City Council in two weeks and encouraged members of the audience to attend. It will be forwarded to the City Council with a recommendation from the Commission to deny because if it isn't broke, don't fix it. V. DEVELOPMENT PROPOSALS A. United Healthcare, Inc. - Lazaretti Property Staff referred the Commission to a staff report dated November 21, 1997 from Michael D. Franzen, City Planner. Lambert explained this is a Planned Unit Development and the reason it is before the Commission is because it's a concept plan, a conceptual use of a significant piece of property in northeast Eden Prairie. There is no development plan, no site plan, and no grading plan because it's a PUD. The major issue on this was the traffic and whether or not they could get all the development they wanted to get on that particular piece of property. This is a Planning Commission issue and they did approve the request subject to them working out a deal with the Honeywell Corporation to split the traffic. This project has been brought before the Commission because it's a major land user that's proposing a pretty high density use of a piece of property. They are proposing a high rise type development not infringing on the marsh or the majority of woodland. It's a very good land use and a good proposal as long as it's scaled down to the size that the site can handle in terms of traffic. Koenig was concerned about infringing on two of the wetlands because the plans depict that. Lambert said if the Commission approve the PUD consistent with the 4 Unapproved Minutes Parks,Recreation and Natural Resources Monday,December 1, 1997 concept,they are not going to infringe on the wetlands. Koenig asked if Outlot A was going to be part of the density transfer. Lambert said there was no comment on it but assumed it would end up being sold to someone that could put that together with some other property on the north side of the road because of the configuration. Hilgeman noted the Commission is looking for no wetland fill, saving the wooded hill, and stacking the development with structured parking. She asked what the typical tree loo is for a commercial site. Lambert said they would start at 30 percent like they do all developers. Hilgeman said she would also like to see the tree loss kept to the standard. MOTION: Hilgeman moved, seconded by Corneille, to approve the PUD concept for United Healthcare Incorporated, Lazaretti property, according to the staff recommendations of November 21, 1997 with emphasis on the following points: no wetland fill, preservation of wooded hill on the site, and adherence to the tree loss and tree replacement guidelines. Motion carried 4-0. VI. OLD BUSINESS A. Policies and Procedures for Community Use of City Facilities Staff referred the Commission to a memo dated November 25, 1997 from Laurie Helling, Manager of Recreation Services. Helling indicated the Commission was provided a rough draft of the Policies and Procedures for review and input at the November 3, 1997 meeting. Since the last review, staff has revised the document further and added a table of contents, an audio visual equipment fee schedule, and a rental fee schedule for the various City facilities available for community use. Staff requested this document be approved and implemented the first of the year and effective January 1, 1998. It will be brought back to the Commission on an annual basis to see whether any of the policies and procedures need to be updated. Corneille noted on page 2 there is an asterisk on Group II, Eden Prairie residents and businesses, and then further down in the asterisk it says a community group in Eden Prairie. This should have the same wording. He noted on page 7 it says reservation fee is refundable if cancellation notice is not 5 lq epCITY COUNCIL AGENDA DATE: �CJ�r1 SECTION: PUBLIC HEARINGS/MEETINGS 12-16-97 prairie DEPARTMENT: ITEM DESCRIPTION: Preserve Place Housing ITEM NO. Finance Revenue Bond Refunding $3,593,800 V. B. This public hearing is being held to comply with IRS requirements concerning the issuance of housing revenue bonds. The refunded issue and the refunding issue both are FHA insured mortgage loans. Notice was published in the Eden Prairie News on November 20, 1997. Action/Direction: Close the public hearing and adopt the final resolution approving the refinancing. I 12/10/97 WED 10:49 FAX 16122889400 HOLMES&GALEY,LTD W1004 CITY OF EDEN PRAIRIE RESOLUTION NO. A RESOLUTION OF THE CITY OF EDEN PRAIRIE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF UP TO $3,593,800 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN - PRESERVE PLACE), SERIES 1997A, AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS. WHEREAS, pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eden Prairie (the "City") is authorized to issue its revenue bonds, in anticipation of the collection of revenues of a multifamily housing project, to finance, in whole or in part, the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of such project, and to refund its bonds previously issued for such purpose; and WHEREAS, the City has previously issued its $3,850,000 Multifamily Housing Development Refunding Revenue Bonds (FHA-Insured Mortgage Loan — Preserve Place Apartments) (collectively, the "Prior Bonds") for the purpose of refunding bonds previously issued to finance a project consisting of 77 apartment units for low and moderate income people, located in the City and owned and operated by North Lyn Apartments, a Minnesota general partnership (the "Borrower"); and WHEREAS, the Borrower has requested the Issuer to issue its Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan -Preserve Place), Series 1997A (the "Bonds") in the aggregate principal amount of not to exceed $3,593,800, for the purpose of defeasing and redeeming in advance of their maturity the Prior Bonds, resulting in debt service savings to the Borrower; and WHEREAS, neither the State of Minnesota nor any political subdivision thereof shall be liable on the Bonds, and the Bonds shall not be a debt of the State of Minnesota or any political subdivision thereof(other than the Issuer and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the general credit or taxing power of the Issuer, the City, the State of Minnesota, or any political subdivision thereof; and WHEREAS, Section I47(f) of the Internal Revenue Code of 1986, as amended, requires that a public hearing be held on the proposed bond issue after publication of notice in a newspaper of general circulation within the City of Eden Prairie at least fourteen (14) days in advance of the hearing as a condition to the tax exemption of interest on the bonds;and WHEREAS, the Issuer on this date conducted a public hearing on the proposed issuance of bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA AS FOLLOWS: h:\FPti100\0011RESISALE.DOC 1 SALE Rnso'rJTIoN z 12/10/97 WED 10:50 FAX 16122889400 HOLMES&GALEY,LTD lI005 1. The Issuer fmds, determines, and declares that it is in the best interest of the Issuer that the Issuer(1) issue the Bonds in the aggregate principal amount not to exceed $3,593,800 pursuant to the terms of an Indenture of Trust dated as of December 1, 1997 (the "Indenture") by and between the Issuer and Norwest Bank Minnesota, National Association, as trustee (the "Trustee"), (2) provide for the use of the proceeds of the Bonds by the Issuer to make a loan (the "Loan") to the Borrower in accordance with the provisions of a Financing Agreement dated as of December 1, 1997 (the "Financing Agreement") by and between the Borrower,the Issuer,the Trustee and GMAC Commercial Mortgage Corporation (the "Lender"), and (3) provide for compliance with the arbitrage regulations applicable to the Bonds pursuant to the terms of an Arbitrage Compliance Agreement dated as of December I, 1997 (the "Arbitrage Compliance Agreement") by and between the Issuer,the Borrower and the Trustee. 2. For the purpose of refunding and defeasing the Prior Bonds there is hereby authorized the issuance of the Bonds in the amount not to exceed $3,593,800. The Bonds shall be numbered, shall be dated, shall mature, shall bear interest at a rate not to exceed 7.0% per annum, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture, in the form now on file with the Issuer. 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues of the Project. The Bonds shall not constitute an indebtedness, liability, general or moral obligation (except to the extent of the payments received under the Financing Agreement and pledged to the payment of the Bonds) or a pledge of the faith and credit or any taxing power of the Issuer, the State of Minnesota, or any political subdivision thereof. The Issuer hereby authorizes and directs the Mayor of the Issuer (the "Mayor") and the City Manager of the Issuer (the "City Manager") to execute the Indenture, on behalf of and under the corporate seal of the Issuer, and to deliver the Indenture to the Trustee, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds, the Issuer and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive-evidence of such determination. 4_ The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Financing Agreement, the Arbitrage Compliance Agreement, the D:IEDEI0010011RES1SALE.DOC 2 SALE RESOLUTION IL/1Uiar rvnll 1U:5U FAA 1Ei1ZZ888400 HULMEN3‘17ALica,L,Iu Second Amendment to and Assumption of Declaration of Restrictive Covenants to be dated as of December 1. 1997 (the "Declaration Amendment") between the Borrower, the Issuer and the Trustee, and the Bond Purchase Agreement to be dated on or prior to closing (the "Bond Purchase Agreement") between the Issuer, the Borrower and Miller & Schroeder Financial, Inc. (the "Underwriter"). When executed and delivered as authorized herein, the Financing Agreement, the Arbitrage Compliance Agreement, the Declaration Amendment and the Bond Purchase Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Agreement, the Arbitrage Compliance Agreement, the Declaration Amendment and the Bond Purchase Agreement shall be substantially in the forms on file with the Issuer on the date hereof, and are hereby approved, with such necessary variations. omissions and insertions as do not materially affect the substance of the transaction and as the Mayor and City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. • 5. The Bonds shall be revenue obligations of the Issuer, the proceeds of which shall be disbursed pursuant to the Indenture and the Financing Agreement, and the principal, premium and interest on the Bonds shall be payable solely from the proceeds of the Bonds, revenues received pursuant to the terms of the Financing Agreement and the other sources set forth in the Indenture. 6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 7_ The Mayor and City Manager of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale and delivery of the Bonds, including the Arbitrage Certificate, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. S_ The Issuer has not participated in the preparation of the Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"), which Preliminary Official Statement is expected to be amended and completed to add certain pricing and other information (as so amended, the "Official Statement") and has made no independent investigation with respect to the information contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter, in connection with the sale of the Bonds of the Preliminary Official Statement and the Official Statement in the form on file with the Issuer. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. D:iEDL1UU'UO1 KFS\ ALE.DOC 3 SALE RESOLUTION LI 12/10/97 WED 10:51 FAX 16122889400 HOLMES&GALEY.LTD 4h007 9. All covenants, stipulations, obligations, representations and agreements of the Issuer contained in this resolution or contained in the aforementioned documents shall be deemed to be the covenants, stipulations, obligations,representations, and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred, and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer, or by such members, officers, board, body or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, representation or agreement of any officer, agent or employee of the Issuer in that person's individual capacity, and neither the members of the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the Bonds, the aforementioned documents or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to a general obligation of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents and the Bonds, the Issuer has not obligated itself to pay or remit any funds or revenues, other than the funds and revenues derived from the Financing Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 10. Except as herein otherwise expressly provided, nothing in this resolution, the aforementioned documents or in the Bonds, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Issuer or any owner of the Bonds issued under the provisions of this resolution, any right., remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof,this resolution,the aforementioned documents, the Bonds and any provision thereof, being intended to be and being for the sole and exclusive benefit of the Issuer and any owner from time to time of the Bonds issued under the provisions of this resolution and the Indenture. 11. In case any one or more of the provisions of this resolution, other than the provisions contained in the first two sentences of Section 3 hereof and in Section 5 hereof, or of the aforementioned documents or the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, the aforementioned documents or the Bonds, but this resolution, such documents and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. D:1EDE1001001 RESISALE.DOC 4 SALE RESOLUTION 12/10/97 WED 10:51 FAX 16122889400 HOLMES&GALEY,L D z, 12. The Bonds, when executed and delivered. shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 13. The City Council of the Issuer, officers of the Issuer and attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Bonds and the other documents referred to above for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds and the other documents referred to above, and this resolution. 14. If for any reason the Mayor is unable to execute and deliver those documents referred to in this resolution, any member of the City Council of the Issuer may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any other officer of the issuer or member of the City Council with the same force and effect if such documents were executed and delivered by the City Manager of the Issuer. 15. All costs incurred by the Issuer in connection with the issuance, sale and delivery of the Bonds and the execution and delivery of the aforementioned documents or any other agreement or instrument relative to the Bonds, whether or not actually issued or delivered, shall be paid by the Borrower or reimbursed by the Borrower to the Issuer. 16. This resolution shall be in full force and effect from and after its passage. D:\EDE1001001\RES\SALL.DOC / 5 5A1.1i RESOLUTION 12/10/97 WED 10:51 FAX 16122889400 HOLMES&GALEY,LTD Z 009 Adopted by the City Council on December , 1997. By A MST: Mayor City Clerk 0:1EDE I0010011RES1SALE.DOC 6 SALE RESOLUTION DATE: 12/16/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V C SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Vacation 97-08 Engineering Division Vacation of Drainage and Utility Easements in Lots 14, 15 and 16, Block 2, David Olson Bearpath Addition Published November 27 Recommended Action: Staff recommends that the City Council take the following action: 1. Close the public hearing 2. Adopt the resolution vacating the drainage and utility easements located in Lots 14, 15 and 16, Block 2, Bearpath Addition Overview: The property owner has requested this vacation to enable the removal of underlying easements encumbering the property as a result of replatting 3 lots (Lots 14, 15 and 16, Block 1, Bearpath Addition) into two lots (Lots 1 and 2, Block 1, Breckenridge 4th Addition). The plat of Breckenridge 4th Addition dedicates replacement easements along the new lot lines. Supporting Information: Vacation drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 14, 15 AND 16, BLOCK 2 BEARPATH ADDITION (VAC 97-08) WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: Those particular drainage and utility easements originally dedicated in the recorded plat of Bearpath Addition which lie within Lots 14, 15 and 16, Block 2 in said plat. WHEREAS, a public hearing was held on December 16, 1997 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, is has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 16, 1997. ATTEST: Jean L. Harris, Mayor SEAL John D. Frane, City Clerk v- _______ _, .,,-.9.,/ \\\,,,,./,, rj,, X ill N i_`rt. * 6. s`�' , S2-,doz'1� \ 0 as 44t3 11.1 f.P.• __f-j.-10 1 �� 1� z 54.23'951y -� /, 'F \f� ri o ( I \0 `. \ yr__- ^a P--.-?4¢,.6�- :�. •+'AUK t, w p. il Ile- ;:t4: -: . tie "4,,i'l,` . ..,. )4,-,V ...---c" ^' \ 0• i ��L, ogA�h \\ A°' .i.2T'34•W / N4•16.54 ��tar It'E r /`�O '• , ! , 0 1 \ • p5.T2 0800 Nr's7y1'E to .\'r'z' \` ' I 1 / • 401.1'4 �.(1S 1 1 1 10 _ LA0 ,JI I -._f NJ 1 f.• _ r �\ \` <� I (• / • 1•1 T0.03 If 1 b Z n I WI ' 00 i A.\ •9-i 1 \ `,-, -N .. ui . `1 1211i2 —, 1`T003� 1 r, ,1 z1 `;1 i. - .F ("' I?t jam) ^•,°\• • '11�t1 S z'tr' I \ 1 t�.\ \�6:� r I I1 7 Vi ,O1 .� % ail •• �"�"". w 1• -.4o X , 1 rn v m Q 1 8 1 ut, , .I ,)( --- • � , a,\ 2 vi 3 Go ip it g1 J $rn 1 f., ��= I it/� ti ae9 / �`�—� '—�---• Ti 1� 1 ~ - p \` 8\ 5 0, 8. 1 Alr,l 1 �o w r L . L 4� . ($�pji . R,i'& LT000 • • JIIv $• - At• 69 4b a1 I },�---�• ), i 111110 lig ia ,� -rt 11 r moo `o e-trM�bt✓ a + .kle '-''�•. � N�__�'4'. 0 9T 1 ,'� 1 ' r I p t zr`II .2 46.�R id • • ,� - % I ��;�T �p I� a�' g 15 E } 14 ' L r-.__ + 1 ,_, a_f ' � ' U pilf O 2 ,;,; a v'0� 1�19.06�jI 1 III �� •',s � �I .• IS I 12 bl 18 11 / fli Iv ++ # 8tic • f `�1 � I � I I cn' 1,� •C ' 4 I , oq _;• 21(. 3 Ii W, r•4so? �w •/ �(�� �� pO N(I p l L0 1 9l 'tr, M �_ � L 1 ,..:\ VT�I/Tp I '1AI.Tg. r. 1112 ' • \/ / ''mio�\,. �v��O� f4s�►EHr� / 6 aft} J�" E, •1� Q-'���i-I .f "1� �.f � ?so o: vaFt • �\\ if_ �7 1/ :46.1:4° YC �r1�7rl ��I - v s`k'A<p6 <y�E ssiii9�99 �r��, d o / 7✓�qtd ��, ' Ltl� �', 'NVI it • �vL%ASkM hl T"� Tn "J��I �,1��'°w� ►, �/�2 T D F I„ BRECKENRIDGE 4TH A Q D�ITIIO�N R.T., DOG. N0. , • - STATE OF MINNESOTA eq COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this____day of {}R n I. • 199___, by Lynn S. Bachman,a single woman. ner' � AXiq � r I �� Notary Pudic,Hennepin County.Minnesota fah :gy~e �\- `' Ira a ili) .� MY Commission Expires • K 3 "'I t 4 y a (`/v~m1,%t STATE OF MINNESOTA b 7 , $ I 1 t 1 e I $ ,.w COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of �x ail I 1 t1, , 199___,by Zvi Leibovich.president of Paragon Designers&Builders Corporation.a Minnesota py `,f _ n corporoolion, on behalf of said corporation. d o r if. a-. 8 I — -_�_ •` s-Denotes Iron monument My Comm Commission ic, Expires,Expe ee.County.Minneado \ //, ,)Nor5J'SSE f.Ot.51'19'•�,J1 t \ ' S �' isse) J, t1 � Bearings shown ore assumed _ STATE OF MINNESOTA I r 51,_\ u. COUNTY OF HENNEPIN The foregoing instrument was oeknowtedged before a this___ day of '"JI\ wee'Ia JYt r1 , 199___,byJohn F. O' hne Cheryl 5 y),)e Li..) ire }s Shales ssY and W.O'Shaughnaesy.husband and wBe. Mrny sn'r V 40 0 40 80 120 _ _ .^ , -- _ 8R4�r 6iniiniii Notary Public,Hennepin County,Minnesota F g� l � 6/a S:_ It. Scale in Feet My Commission Expires 1i. / '`• a/ I\ I hereby certify Ihot I have surveyed and platted the property described on this plat BRECKENRIDGE 4TH ADDITION: / that lhie plot is correct representation of said survey:that at distances are correctly shown on the plot in feet and i / •t` Q.) hundredths of o loot:that all monuments have been correctly placed in the ground as shown on the plat:that the I , �'r Us[vrm - outside boundary lines ore correctly designated on the plot:and that there ore no wetlands.as defined in Minnesota b ao L. __ _ —_ /�. Statute Section 505.02,Subd. 1,or public highways to be denigrated an the plot. J wer51 5rw Cam) Theodore D. Kemna Land Surveyor Minnesota License No. 17006 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing surveyor's certificate was acknowledged before me this____ day of 19___, by Theodore D. Kenna,Land Surveyor. KNOW ALL MEN BY THESE PRESENTS:That Lynn S. Hochman,a single woman, fee owner,of the following described David B. Toenies property situated in the County o/Hennepin,State of Minnesota,to wit Notary Public.Hennepin County.Minnesota Lot I Block 2,Boorpath Addition,according to the recorded plot thereof and situate in Hennepin County, My Commission Expires January 31,2000 Minnesod,ta. EDEN PRMRIE,MINNESOTA And that Paragon Designers&Builders Corporation, a Minnesota corporotion, fee owner,of the following described This plot of BRECKENRIDGE 4TH ADDITION was approved and accepted by the City Council of the City of Eden Prairie, propeNy situated in the County of Hennepin.Stole of Minnesota,to wit: Minnesota,at a regular erecting thereof, held this day o/ , 19____. If applicable, the That port o/Lot ID,Block 2.Beorpalh Addition,lying South of a line drown parallel with the South line written comments and ecommendotiens of the Commissioner of Transportation and the County 7tighwoy Engineer have Th Th Section 19,Township 116, 22 from o been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and Rangepoint on the East line o/Said Section distant 1856 recommendations,as provided by Minnesota Statutes,Section 505.03,Subdivision 2. feet North of the Southeast corner of sold Section 19. CITY COUNCIL OF THE CITY OF EDEN PRAIRIE Lot 15.Block 2,Beorpeth Addition,except that part thereof lying South o/a line drown parallel with the South . line of Section 19,Township 116, Range 22 from a point on the East One of soid Section distant 1656 feet BY .Mayor BY . Manager North of the Southeast comer o/said Section 19. TAXPAYER SERVICES DMSION,Hennepin County.Minnesota Md Ihal Jehn F,O'Shouyyh�es and Cheryl W. O'Shoupyh�es husband and wile,lea owners, of the following described 1 hereby certify that loxes payable In 19____ and prior years hove been paid for land described on this plot. Doted this property sttuetsd in the County of Hennepin. Slate of Minnesota,to wit: g ____day of Patrick H.O'Connor,Hennepin County Auditor By .Deputy Lot 18,Block 2, Bearpoth Addition,Hennepin County,Minnesota. SURVEY SECTION,Hennepin County,Minnesota ' Have caused the some to be surveyed and platted as BRECKENRIDGE 4TH ADDITION,and do hereby grant to the City of Eden Prairie the easements for drainage and utility purposes as shown on the plot. Pursuant to MINN.STAT Sec. 3638.565(1969),this plot hos been approved en this____ day of , In witness whereof said Lynn S. Bachman,a single, M has hereunto rpor eel her hand this ___day of yd said Paragon isDesigners__ &Builders Corporation a Minnesota corporation,and,has caused these presents andto be signed Gary F.Caswell, Hennepin County Surveyor By by ns President this____day of 19___ and said John F.O'SAaughnesey Cheryl W.O'Shaughneasy, husband and wife,hove hereunto set their hands this____day of ,19 . REGISTRAR OF TITLES,Hennepin County.Minnesota SIGNED: I hereby certify that the within plot of BRECKENRIDGE 4TH ADDITION woe filed for record in this office this ____ day of Lynn S. Baehmon R.Don Carlson. Registrar of Titles By Deputy PARAGON DESIGNERS& BUILDERS CORPORATION,a Minnesota corporation COUNTY RECORDER,Hennepin County, Minnesota By ,Its president 2v1 leibovich - I hereby certify that the within plot o/BRECKENRIDGE 4TH AMMON was tied for record in this office this ____ day a! John F.o snaugnnesy SCHOELL & MADSON,INC. R.Dan Cortson,County Recorder By .Deputy ENGINEERS a SURVEYORS a PLANNERS Cheryl W. o•snnugnneesy SOIL TESTING•EMARONMEN AL SERVICES vAGi all -Oa DATE: 12/16/97 EDEN PRAIRIE CITY COUNCIL AGENDA • ITEM NO: V 1) SECTION: Public Hearing DEPARTMENT: TTEM DESCRIPTION: Vacation 97-09 Engineering Division Vacation of Drainage and Utility Easements in Lots 1, 2 and 3, Block 1, David Olson Breckenridge Second Addition Published 11/27/97 Recommended Action: Staff recommends that the City Council take the following action: 1. Close the public hearing 2. Adopt the resolution vacating the drainage and utility easements located in Lots 1, 2 and 3, Block 1, Breckenridge Second Addition Overview: The property owner has requested this vacation to enable removal of underlying easements encumbering the property as a result of replatting three lots (Lots 1, 2 and 3,Block 1, Breckenridge Second Addition) into two lots (Lots 1 and 2, Block 1, Breckenridge Third Addition). The plat of Breckenridge Third Addition dedicates replacement easements along the new lot lines. Also included in this request is the vacation of underlying easements from Lots 1 and 2, Block 4, Bearpath Addition which were not vacated when these lots were replatted into Breckenridge Second Addition. Supporting Information: Vacation drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 1, 2 AND 3, BLOCK 1 BRECKENRIDGE SECOND ADDITION (VAC 97-09) WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All easements platted and dedicated as drainage and utility easements over, under and across Lot 1, Lot 2 and Lot 3, all in Block 1, Breckenridge Second Addition and all easements platted and dedicated as drainage and utility easements over,under and across Lot 1 and Lot 2,Block 4,Bearpath Addition, according to the recorded plats thereof, Hennepin County, Minnesota. WHEREAS, a public hearing was held on December 16, 1997 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, is has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 16, 1997. ATTEST: Jean L. Harris, Mayor SEAL John D. Frane, City Clerk 2 BEARINGS SHOWN ARE ASSUMED. BRECKENRIDGE THIRD ADDITION _ - IC.R. DOC. NO. ---------- O DENOTES 1/2 INCH a 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO,12294. KNOW ALL PERSONS BY THESF.PRESENTS Thal Bearpoth Limited Partnership.a Minnesota limited paimership.r onner of the Mowing described mopeds situated in the founts of • / Hennepin.Slate of Minnesota,to wit DENOTES IRON MONUMENT FOUND AND MARKED BY LICENSE No.12294. l.ol I and hot 2,both in(lock I.BRECKENRIDGE AUDITION,according to the recorded plat Counts.Minnesota / .And that lames N'Doeschler and Maureen A Hocschler,husband and wife.f owners of the following described pro pores-stunted in the('army of Hennepin.State ofMinnesotn.to nil / I.nl).Block I.BRECKENRIDGE SECOND ADDII IOV_according on the recorded plat thereof.Ilennepin Count).Klimek. 0 20 40 00 t20 1 efiiinaniiiii / / (lave mused the same to be surveyed and platted es BRFCKENRID(il:TIIIRU ADDITION and do hereby donate and dedicate to the public.for public use fnesn n do the easements as shown r .. SCALE IN FEET plat for drainage end utility purposes only '< ) s / / In witness whereof,said Bmrpeth Limited Partnership,a Minnesota limited pnnnership.has mused these presents to be signed by its proper partner this des of .la' • N <J B� Signed m Lim ited mited Pannersnip. �� / V By Bearpeth Development Corpora0on.its general prom By ,its president �to 1 lnhn llandtinson / \' STATIi OF MINNFSOI'A CS .< C / . ' 'I lee f regoirtg instnrmem was acknowledged herre me thin dry of_ _ .ISOhsJohnIlnn4insnn,presidentMnenrpatltIxa<lopmrnt(rnprnnionnShnnes.na<l( / 1mrprtlism,ageneral partnerofllearpath limited rennet ship.a Minnesota limited partnership,on behalfnfthepanncnhip.�� N.nnry Public./ _ nty,Minnesota / c :11 IInn• (` / I hit,('ornrm+norr I spirts tamrnr)11.'ten / � � 4e. y���hs ' 1 N In wetness whereof,said lames W NnescMer and Maureen A Ifeschler,husband and wife,have hereunto Set their bards this- day of too K V' / / OD / o ,, 1 l 1 / / .^ ,� I +t lames W.1{ereschler Maureen A Ilcenddn S / �U) m l> STATE.OF MINNESOTA . COUNTY OF / // a°\ The foregoing instmment was acknowledged before me this day of .Ion .by said lames N Ihenchler and Mauneea A Ike+chler.Inland and with.- / / I`t' (') \•�- ?.".q..2 I howls Ihibfie / _ My Cur m I grey lanu;ua rl :Inert / / t.�) �.�--477,'0CE 4ry0 5 / _ a 1 1 �I 1 hereby certify that I have surveyed end plaited the property described on this plat as BRECKENRIDGE THIRD ADDITION.that this plat is a correct representation Of,aid«eves.that all y ,e / J+/ 2 (4apy Ar< rl I 4 distances are correctly shown in feet end hundredths of a f wt.that all monuments have been correctly placed in the ground as shin.on said plat.that 11e outlside Iwnadan linen are csnovnk / (-J J G� a� R1 y designated Co the plat.and that there at<no wet lands as defined by Minnesota Statutes 505 02.Subdivision 1,or public highwrs to be designated $111 \ \ \ _ Harold C Peterson.Land Surveyor,Minnesota 1 icense No 12294 4' s- '. I S1 ATI,OF MINNESOTA / res9e(t \ paamar,E nND Vltlnt!EaSEUENt. COUNTY OF _ - ° (J J' sT? S= --\-' -- * I "-J The f)regning Surveyors Certificate was acknowledged before no this day of tat .Inc Herold C Peterson,Land Strre<y,r.YBnnewra I ice/O No 12294 4 _-i93.77—„-- I, 3e -i;b?5J N 84°23'01 E ► . Nimnn iN.mi,.. 41 kA r,« Comm.Yhrrn«wn 13ae4jrk' My('omminion I spies Wean 11._not ttte n,'-/LJ tI t l;,/tv C2 E:1/E:N PRAIRIE:.MINNESIO IA. u0 c- si\r t-s t f1 • Ihia plat of BRI:CKI:NRIINiI IIIIRD.11101110N was approved and accepted by the(Vito Council of I.dmr Prairie.hlinne«na.al a regular meeting thereof held Oh,. des.4 100 If applicable.the mitten comments and recommendations of the Commissioner d'I ranspmtation and the fount Ilighssas Engineer hose keen receised M the City or the prescribed 10 day period has elapsed without receipt of such comments and recommendations.as provided by Mimnetom Statute,Section 4n5 nt.Suhdisision 2 SCRYFY SF(TION,NF.NNFPIN COUNTY.MINNFSOTA. CITY COI'V('ll.Oh I-.OFN PRAIRIE.AIINVI-.SO I'A Pursuant to',timesnta Statutes Section IRIR Soy(19h91.this plat has been apMov'ed Ohio day of ,l99 _ Sc Mayor Gary F Caswell.Ilennepin('mmty Sonoevor ' By .Manager (v EAN PAYF.R SERVICES DIVISION.IIF.NNEPIN COUNTY.MINNES0I A. COUNTS RECORDER,IIFNNF►IN COUNTY.MINNF,S(/7'A. 1 hereby certif v that tares payable in and have been I for land described on this bat Dated this day of boo pays n prior psis p 1 hereM certify that the within plat of(RF<'KFNRIIHiF I111RD ADDITION was filed for record in This office this day of .199 .M o'clock h1 VAC 7`CDPnlrick II O'Connor.Hennepin CountyCountyAuditor V R Den Carlson.(Minty Recorder _ CI By .Depots By .Deputy _ _ JAMES R. HILL, INC. BRECKENRIDGE SECOND ADDITION C.R. DOC. NO._ ///,firs, N AS'ML 1'i7-5 To / �'4`° �' „ .tip N^ Be. VAcATor> // , ... .. . A / I „ / o +„ : ;., '_ _A - ,. -� / r £ ^ � 1/ , ;J' I 'y,- _:1.1 n /SEE DETAIL 1 / h; ..,. /4,,0 q,•• , d.•,tsCb -V- -—i,--1-;'•i. ' / / A/ k .584.ZYa- IOl1 o 300 �!C• / :•, / o r rrrrr rrr I � / / ''/ / I ADAATION1 // c //4 IC. I 1 / 49.• / 1 "`( * I I ,^ // "`// ' I I Rc:�alNcsARE Rr.%Snu..aN,�ssl-.u:unur M. I;; ,,,;:',./ : / I 4, k1' ,'-> "% / ((,' / I ... I o nF:!'iOI EANDn rich RI 4 INl it IRu\NIO'i!III'NI 4 P '' / SE1 AN NARKED III R.I.S.NO.12194 / PO / j // / I 1. ,'1,;'^o .00 j.• ye // rl rl 1 T ! r1 N I „le \\ ;n � / cm' p.vso •< 4,1)`' '5 / • / s.(A.v09y) � "o / ' i4>s - s`' ` e /bq 2 L/ A, // \•: � \ 1 ', I / s:a....::1 1 /- I4,2.1. \\, °I .^, ..,^».,,"„ a .., / 1 AD.::oa �: ,ej.,, iYy' N.1' DE`AIL orllr v 6265^ hµ, ^ 4x x,x, AND MAN JAMES R. HILL, INC. SI I F'I 2 OF 2 RIIF.FI c 1 SKETCH AND DESCRIPTION N BEAR PATH- gacoa! D /4 voz isoiV (L0-rs I c nci Z) BLOGI< ) 147 N% / 1/1 � 1 / çck 4q- 4q.. // t / \-\°C #C Z‘() / , t• i al i '3-', / o Ny- ie .,91 f ‘j C C.) 1 :11- 0 ‘Z OP* iiiiiiii Cj<\\ )' 3: ii,I.47 le**4 C 1 0 C) l / iii•fit Jtrrit.�. .- Ifr 41141141. / r) ‘„7...7225Purnatzpas, ••..::... t I t �` 1 C,�r� \� VI v I? �. ,I .� r _ ' ,, � O ` \ 11 t ## .0,0-1.\/1 i k 00 i , # / , 000 40 44,UM* . # 044 1 ff#: . 4 ` I, ,, ) 1 EN IJ r1'r tti / \I" N't V J L I L.L 4 v ` �' EARPATH Cf;� n i n 1-.ri l-T-I n t►f v EAR1 A T H AD � Ivy 4 4S" I . --e* VAc91 -09 James R. Hid, Inc. ers CITY COUNCIL AGENDA DATE: °dEr1 SECTION: Consent Calendar 12/16/97 prairie DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 58507 to 58847 Wire Transfers 87 to 97 Action/Direction: Approve Payment of Claims 1 COUNCIL CHECK SUMMARY 09-DEC-1997 (15:56) DIVISION TOTAL N/A $3.78 LEGISLATIVE $32.46 GENERAL SERVICES $24,493.00 EMPLOYEE BENEFITS $13,037.65 DATA PROCESSING $16,828.61 CITY MANAGER $178.63 FINANCE $120.00 HUMAN RESOURCES $5,391.80 INFORMATION $9,993.67 ELECTIONS $988.08 ENGINEERING $148.82 INSPECTIONS $960.76 FACILITIES $18,184.19 ASSESSING $32.46 CIVIL DEFENSE $12.56 POLICE $17,449.91 FIRE $4,049.91 ANIMAL CONTROL $437.01 PARK ADMIN $5,565.00 STREETS/TRAFFIC $16,062.68 PARK MAINTENANCE $24,443.54 STREET LIGHTING $926.98 FLEET SERVICES $3,817.69 ORGANIZED ATHLETICS $2,349.35 COMMUNITY DEV $470.13 COMMUNITY CENTER $15,983.16 BEACHES $61.25 YOUTH RECREATION $1,870.37 SPECIAL EVENTS $418.00 ADULT RECREATION $312.16 RECREATION ADMIN $105.08 ADAPTIVE REC $120.00 PUBLIC IMPROV PROJ $858,320.93 SPECIAL ASSESSMENTS $232,528.44 CITY CENTER $9,738.83 SPECIAL REVENUE FUNDS $10,907.76 PRAIRIE VILLAGE $54,743.87 PRAIRIEVIEW $56,277.27 CUB FOODS $114,583.87 TRUST FUNDS $693.32 WATER DEPT $72,922.86 SEWER DEPT $2,018.52 STORM DRAINAGE $20,208.19 AGENCY FUNDS $1,001,004.44 ADA $7,880.00 $2,626,676.99* 2 COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 58507 $214.12 CARLTON CO HUMAN SERVICES CTR GARNISHMENT WITHHELD FD 10 ORG 58508 $459.98 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG 58509 $75.00 COMPLETE BEVERAGE SERVICE OPERATING SUPPLIES-GENERAL EPAA DINNER 58510 $200.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG 58511 $3,676.93 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS STREET MAINTENANCE 58512 $227.08 G & K SERVICES-MPLS INDUSTRIAL OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 58513 $7,110.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG 58514 $817.94 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 58515 $5,496.46 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 58516 $1,345.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 58517 $985.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 58518 $3,310.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 58519 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 58520 $25.00 MORROW, JAMES SCHOOLS POLICE 58521 $10.00 MSANI S/A J B PREECE DUES & SUBSCRIPTIONS POLICE 58522 $70.00 MTGF CONFERENCE CONFERENCE IN SERVICE TRAINING 58523 $28.37 PETTY CASH OFFICE SUPPLIES COMMUNITY CENTER ADMIN 58524 $46,224.64 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 58525 $285.00 PUBLIC EMPLOYEES RETIREMENT LIFE INSURANCE W/H FD 10 ORG 58526 $69.29 RADISSON SUITE HOTEL CONF #176858 JIM MORROW POLICE 58527 $169.60 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 58528 $1,566.78 VALLEY PLUMBING PLUMBING PERMIT FD 10 ORG 58529 $298.50 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 58530 $2,417.66 CANADA LIFE ASSURANCE COMPANY DISABILITY IN EMPLOYERS FD 10 ORG 58531 $324.79 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 58532 $463.50 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 58533 $3,561.05 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 58534 $12,949.10 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 58535 $100.00 JOHNSON BROTHERS LIQUOR CO BEER 6/12 PRAIRE VIEW LIQUOR #3 58536 $142.56 LAB SAFETY SUPPLY INC* SAFETY SUPPLIES WATER TREATMENT PLANT 58537 $6,082.86 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 58538 $172.10 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 58539 $171.90 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 58540 $4,023.03 PRUDENTIAL HEALTHCARE GROUP LIFE INSURANCE EMPLOYERS FD 10 ORG 58541 $10,810.70 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 58542 $800.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG 58543 $339.20 MEYER, NICOLE OPERATING SUPPLIES-GENERAL SPECIAL EVENTS/TRIPS 58544 $163.91 ANCHOR PAPER COMPANY OPERATING SUPPLIES-GENERAL WATER UTILITY-GENERAL 58545 $120.00 ANDERSON, KAREN OTHER CONTRACTED SERVICES ADAPTIVE INTEGRATED 58546 $12.00 FREY, LYNDELL MILEAGE AND PARKING RECREATION ADMIN 58547 $6.52 HELLING, LAURIE TRAVEL IN SERVICE TRAINING 58548 $115.25 HUSTAD, STEVE & MARY BUILDING PERMIT FD 10 ORG 58549 $23.00 KRAINES, STEVE LICENSES & TAXES WATER UTILITY-GENERAL 58550 $59.52 LANENBERG, CYNTHIA MILEAGE AND PARKING FIRE 58551 $11.90 MEYER, NICOLE MILEAGE AND PARKING RECREATION ADMIN 58552 $150.00 MINNESOTA CHIEFS OF POLICE ASS DUES & SUBSCRIPTIONS POLICE 58553 $59.00 NORMANDALE COMMUNITY COLLEGE CONFERENCE IN SERVICE TRAINING 58554 $500.00 OBERLIN COLLEGE OPERATING SUPPLIES-GENERAL COMMUNITY SERVICES 58555 $13.33 OTTEN, DAN TRAVEL IN SERVICE TRAINING 58556 $527,856.52 SHEEHY CONSTRUCTION COMPANY IN DESIGN & CONST PW STORAGE FACILITY 58557 $151.90 THIES, DOUG MILEAGE AND PARKING FIRE 58558 $4,910.00 CHRISTENSEN EXTERIORS IMPROVEMENT CONTRACTS 1995 REHAB 56042 58559 $143.46 FRANKS NURSERY EMPLOYEE AWARD HUMAN RESOURCES 58560 $3,622.76 GCO CARPET OUTLET IMPROVEMENT CONTRACTS 1995 REHAB 56042 58561 $477.75 HELLING, LAURIE SCHOOLS IN SERVICE TRAINING COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 58562 $8.83 HOEFT, JULIE TRAVEL IN SERVICE TRAINING 58563 $1,600.00 INTERNATIONAL TEST & BALANCE I BUILDING EP CITY CTR OPERATING COSTS 58564 $964.30 J H LARSON ELECTRICAL COMPANY REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 58565 $153.92 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 58566 $395.30 MENARDS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 58567 $150.00 MN RURAL WATER ASSN CONFERENCE WATER UTILITY-GENERAL 58568 $503.96 MN VALLEY ELECTRIC COOPERATIVE ELECTRIC STORMWATER LIFTSTATION 58569 $45.00 MPELRA CONFERENCE IN SERVICE TRAINING 58570 $4,068.58 NORTHERN STATES POWER CO ELECTRIC SEWER LIFTSTATION 58571 $9.45 PRODOEHL, JERRY TRAVEL IN SERVICE TRAINING 58572 $55.00 RECYCLING ASSOC OF AMERICA DUES & SUBSCRIPTIONS ENGINEERING DEPT 58573 $25.00 SENSIBLE LAND USE COALITION* TRAVEL IN SERVICE TRAINING 58574 $300.00 SOUND FORCE DJ SERVICES EMPLOYEE AWARD HUMAN RESOURCES 58575 $119.00 STOVRING, LESLIE SCHOOLS IN SERVICE TRAINING 58576 $576.98 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 58577 $10,674.03 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 58582 $163.00 FINE WINES FROM EUROPE WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 58583 $409.97 GRAPE BEGINNINGS WINE DOMESTIC LIQUOR STORE CUB FOODS 58584 $31,321.79 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 58589 $55,478.89 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 58600 $3,403.81 PAUSTIS & SONS COMPANY BEER CASES LIQUOR STORE CUB FOODS 58603 $35,156.74 PHILLIPS WINE AND SPIRTS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 58612 $9,888.32 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 58617 $19,687.88 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 58626 $283.00 VINTAGE ONE WINES INC WINE IMPORTED LIQUOR STORE CUB FOODS 58627 $1,039.94 WINE COMPANY, THE BEER CASES PRAIRE VIEW LIQUOR #3 58629 $1,491.48 WORLD CLASS WINES INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 58631 $240.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 58632 $50.00 ANDERSON, CATHY FACILITIES RENTAL OUTDOOR CTR PROGRAM 58633 $120.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 58634 $588.38 CARD SERVICES-BUSINESS CARD TRAVEL IN SERVICE TRAINING 58635 $104.36 CRACAUER, CLIFF SOFTWARE EQUIPMENT MAINTENANCE 58636 $50.00 EDINA REALTY HOME SERVICES FACILITIES RENTAL OUTDOOR CTR PROGRAM 58637 $27.12 FRANKLIN, WOODY SCHOOLS POLICE 58638 $1,630.53 G & K SERVICES-MPLS INDUSTRIAL CLOTHING & UNIFORMS WATER TREATMENT PLANT 58641 $1,231.82 GE CAPITAL RENTALS GENERAL 58642 $354.43 KEN ANDERSON TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 58643 $9,608.74 MASSACHUSETTS MUTUAL LIFE INSU OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 58644 $13,957.73 MINNEGASCO GAS WATER TREATMENT PLANT 58646 $323.05 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 58647 $185.00 MINNESOTA CLE SCHOOLS POLICE 58648 $1,001,004.44 SOUTHWEST METRO TRANSIT DEPOSITS ESCROW 58649 $74.40 TEKIELA, STAN MILEAGE AND PARKING OUTDOOR CTR PROGRAM 58650 $314.95 US WEST COMMUNICATIONS TELEPHONE GENERAL 58651 $5,558.82 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GENERAL 58652 $37.50 VEST, CHUCK LICENSES & TAXES SEWER SYSTEM MAINTENANCE 58653 $1,662.45 VFW SHAKOPEE EMPLOYEE AWARD HUMAN RESOURCES 58654 $4,141.08 SISINNI, TONY MISCELLANEOUS IN SERVICE TRAINING 58656 $313.97 COOPERATIVE POWER ASSOC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 58657 $69.60 G & K SERVICES-MPLS INDUSTRIAL CLOTHING & UNIFORMS PROGRAM SUPERVISOR 58658 $152.00 HUTCHINS, BRUCE LICENSES & TAXES PARK MAINTENANCE 58659 $47.61 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 58660 $626.86 RICOH CORPORATION RENTALS GENERAL 58661 $18,000.00 WHITE BUFFALO INC OTHER CONTRACTED SERVICES DEER CONSULTANT 58662 $5,389.00 HORIZONGRAPHICS PRINTING COMMUNITY SERVICES Li COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 58663 $160.00 AZIZI, WAIMA LESSONS/CLASSES POOL LESSONS 58664 $1,140.00 BOBS LAWN & LANDSCAPING INC CONTRACTED REPAIR & MAINT STORM DRAINAGE 58665 $214.12 CARLTON CO HUMAN SERVICES CTR GARNISHMENT WITHHELD FD 10 ORG 58666 $459.98 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG 58667 $650.76 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 58668 $22.72 CUB FOODS EDEN PRAIRIE OFFICE SUPPLIES POLICE 58669 $17.03 DUNSMORE, WES OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 58670 $50,888.18 EDEN PRAIRIE SCHOOL DISTRICT N IMPROVEMENT CONTRACTS VALLEY VIEW & CO RD 4 58671 $7,310.50 FEDERAL RESERVE BANK OF MPLS DEFERRED COMP FD 10 ORG 58672 $175.00 GEIGER PHD, STEVEN SCHOOLS POLICE 58673 $29,153.82 HEALTHPARTNERS COBRA COSTS/REV BENEFITS 58674 $848.45 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG 58675 $120.00 HUTCHINS, BRUCE OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 58676 $5,546.46 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG 58677 $32.00 JELEN, DAN LICENSES & TAXES PARK MAINTENANCE 58678 $62,370.65 MEDICA CHOICE COBRA COSTS/REV BENEFITS 58679 $985.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG 58680 $3,310.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG 58681 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG 58682 $25.00 MN DEPT OF REVENUE-PETROLEUM D LICENSES & TAXES EQUIPMENT MAINTENANCE 58683 $64.22 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 58684 $134.56 PROEX PHOTO SYSTEMS OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 58685 $45,976.59 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 58686 $400.00 STATE FIRE MARSHAL DIVISION FIRE PREVENTION SUPPLIES FIRE 58687 $167.60 UNITED WAY UNITED WAY WITHHELD FD 10 ORG 58688 $31.06 A TO Z RENTAL CENTER EQUIPMENT RENTAL STREET MAINTENANCE 58689 $270.00 ACORN ENVIRONMENTAL SYSTEMS CONTRACTED BLDG MAINT EP CITY CTR OPERATING COSTS 58690 $15.98 ACOUSTICAL CONCEPTS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 58691 $974.50 ADOLPHKIEFER FURNITURE & FIXTURES AQUATICS & FITNESS SUPERV 58692 $4,226.30 ADVERTISING INCENTIVES CLOTHING & UNIFORMS LIQUOR STORE CUB FOODS 58693 $55.00 AFFILIATED EMERGENCY VETERINAR OPERATING SUPPLIES-GENERAL ANIMAL WARDEN PROJECT 58694 $331.00 ALL SYSTEMS INSTALLATION/TRACY COMPUTERS INFORMATION SYSTEM 58695 $331.50 AMERICAN LINEN SUPPLY COMPANY OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 58696 $911.88 AMERICAN PAGING OF MN COMMUNICATIONS CITY MANAGER 58705 $30.00 ASSOCIATION OF METRO MUNICIPAL TRAVEL IN SERVICE TRAINING 58706 $7,880.00 AUTOMATED ENTRANCE PRODUCTS IN IMPROVEMENT CONTRACTS ADA PROGRAMS 58707 $46.07 BECKER ARENA PRODUCTS INC* REPAIR & MAINT SUPPLIES ICE ARENA 58708 $427.87 BELLBOY CORPORATION OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 58709 $91.73 BLOOMINGTON LOCK AND SAFE BUILDING EP CITY CTR OPERATING COSTS 58710 $4,035.00 BOLLIG & SONS INC IMPROVEMENTS TO LAND RICE MARSH LK K49 58711 $1,555.50 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES WATER TREATMENT PLANT 58712 $536.76 BRO-TEX INC CLEANING SUPPLIES FIRE STATION #1 58713 $425.21 BROADWAY AWARDS AWARDS EPAA DINNER 58714 $432.00 BUCK, NATHAN OTHER CONTRACTED SERVICES VOLLEYBALL 58715 $162.70 BUSINESS & LEGAL REPORTS INC TRAINING SUPPLIES WATER UTILITY-GENERAL 58716 $2,452.15 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE 58717 $455.28 CARLSON REFRIGERATION CO FURNITURE & FIXTURES LIQUOR STORE CUB FOODS 58718 $369.50 CENTRAIRE INC CONTRACTED REPAIR & MAINT LIQUOR STORE CUB FOODS 58719 $70.00 CO 2 SERVICES CHEMICALS POOL MAINTENANCE 58720 $15.00 COMPUTER CHEQUE OF MINNESOTA I OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 58721 $214.51 CONSTRUCTION MATERIALS INC REPAIR & MAINT SUPPLIES STREET MAINTENANCE 58722 $27.58 CY'S UNIFORMS OPERATING SUPPLIES-GENERAL ANIMAL WARDEN PROJECT 58723 $3,425.00 DECISION RESOURCES LTD OTHER CONTRACTED SERVICES COMMUNITY SERVICES 58724 $456.19 DECORATIVE DESIGNS INC RENTALS EP CITY CTR OPERATING COSTS 58725 $3,297.00 DECORTEC INCORPORATED CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS Ss COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM • 58726 $83,725.00 DELOUGHERY PAINTING COMPANY CONTRACTED REPAIR & MAINT UTILITY BOND FUND 58727 $375.00 DIETHELM, GARY OPERATING SUPPLIES-GENERAL CEMETERY OPERATION 58728 $30,345.51 DON RIHN TRANSPORT OTHER CONTRACTED SERVICES LIME SLUDGE 58729 $5,330.07 DONS SOD SERVICE IMPROVEMENTS TO LAND STARING LK PLSTUCT K20 58730 $656.29 DU ALL SERVICE CONTRACTORS INC PROFESSIONAL SERVICES POLICE 58731 $323.20 EARTHCHEM INC SALT SNOW & ICE CONTROL 58732 $181.06 ECOLAB INC CONTRACTED REPAIR & MAINT EPCC MAINTENANCE 58733 $77.00 EDEN PRAIRIE CHAMBER OF COMMER TRAVEL IN SERVICE TRAINING 58734 $540.00 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL FALL SKILL DEVELOP 58735 $2,994.00 EDINA S W PLUMBING REPAIR & MAINT SUPPLIES POLICE-CITY CENTER 58736 $29.17 ELVIN SAFETY SUPPLY INC SAFETY SUPPLIES WATER TREATMENT PLANT 58737 $9,505.24 ERICKSEN ELLISON AND ASSOCIATE DESIGN & CONST COMMUNITY CENTER HVAC 58738 $398.99 FIBRCOM COMMUNICATIONS POLICE 58739 $75.00 FIRE DEPT SAFETY OFFICERS ASSO PREPAID EXPENSES FD 10 ORG 58740 $13,530.87 FISCHER AGGREGATES INC IMPROVEMENTS TO LAND RICE MARSH LK K49 58741 $328.80 FLAHERTYS HAPPY TYME COMPANY MISC NON-TAXABLE LIQUOR STORE CUB FOODS 58742 $444.47 FLOYD TOTAL SECURITY OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 58743 $2,000.00 FOR PAINTS SAKE OTHER CONTRACTED SERVICES 1995 REHAB 56042 58744 $60.55 FRANKLIN QUEST OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 58745 $61.25 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS ROUND LAKE MARINA 58746 $96.53 G & K SERVICES-MPLS INDUSTRIAL OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 58747 $45.00 GALAXY COMPUTER SERVICES CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 58748 $741.25 GATEWAY 2000 COMPUTERS INFORMATION SYSTEM 58749 $12.73 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES WATER TREATMENT PLANT 58750 $340.00 GENERAL SAFETY EQUIPMENT COMPA CONTRACTED REPAIR & MAINT FIRE 58751 $196.85 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 58752 $36.90 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 58753 $2,201.86 GLIDDEN COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 58754 $204.00 HANDS BUS CO INC TRANSPORTATION TEEN WORK PROGRAM 58755 $936.75 HEAD LITES CORP POLICE EQUIPMENT POLICE 58756 $100.00 HENDERSON, JOSH OTHER CONTRACTED SERVICES VOLLEYBALL 58757 $823.08 HENNEPIN COUNTY SHERIFF BOARD OF PRISONERS SVC POLICE 58758 $70.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 58759 $13.79 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE 58760 $988.08 HENNEPIN COUNTY TREASURER-TAXP POSTAGE ELECTION 58761 $118.07 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE 58762 $200.00 HENNEPIN TECHICAL COLLEGE SCHOOLS POLICE 58763 $2,080.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 58764 $800.00 IACP NET/LOGIN PREPAID EXPENSES FD 10 ORG 58765 $355.00 ICE SKATING INSTITUTE OF AMERI OPERATING SUPPLIES-GENERAL ICE ARENA 58766 $222.91 IKON OFFICE SOLUTIONS OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 58767 $126.77 INDUSTRIAL LIGHTING SUPPLY INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 58768 $622.64 INTERNATIONAL SUNPRINTS INC AWARDS BASKETBALL 58769 $195.00 INTL CONFERENCE OF BLDG OFFICI DUES & SUBSCRIPTIONS IN SERVICE TRAINING 58770 $60.00 INTL SOCIETY OF FIRE SERVICE I DUES & SUBSCRIPTIONS FIRE 58771 $1.92 J H LARSON ELECTRICAL COMPANY OPERATING SUPPLIES-GENERAL STREET LIGHTING 58772 $3,660.17 JANEX INC CLEANING SUPPLIES FIRE STATION #2 58773 $65.00 KLOECKER, LINDA ADVERTISING COMMUNITY CENTER ADMIN 58774 $2,094.32 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 58775 $22,537.91 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE GENERAL 58776 $1,118.25 LANO EQUIPMENT INC EQUIPMENT RENTAL STREET MAINTENANCE 58777 $40.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 58778 $1,258.69 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL 58779 $18,258.24 LOGIS LOGIS SERVICE INFORMATION SYSTEM 58780 $150.00 M.I.A.M.A. DUES & SUBSCRIPTIONS ICE ARENA COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 58781 $25.00 MACA PREPAID EXPENSES FD 10 ORG 58782 $16.00 MAMA TRAVEL IN SERVICE TRAINING 58783 $975.00 MAPLE GROVE, CITY OF RENTALS POLICE 58784 $1,429.70 MASYS CORPORATION PREPAID EXPENSES FD 10 ORG 58785 $37.28 MAXI-PRINT INC PRINTING POLICE 58786 $225.00 MERSC PREPAID EXPENSES FD 10 ORG 58787 $752.50 MIDWEST ASPHALT CORPORATION REPAIR & MAINT SUPPLIES TRAILS 58788 $19,003.88 MINGER CONSTRUCTION INC IMPROVEMENT CONTRACTS SUNNYBROOK RD W HOMEWARD HILLS 58789 $61.31 MINN BLUE DIGITAL OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 58790 $710.00 MINN. SUPPLY, DEAN SOMMERDORF EQUIPMENT RENTAL STREET MAINTENANCE 58791 $23.30 MINNESOTA CHIEFS OF POLICE ASS PRINTING POLICE 58792 $19,084.00 MINNESOTA DEPT OF HEALTH MISCELLANEOUS WATER SYSTEM SAMPLE 58793 $1,718.70 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADVERTISING HUMAN RESOURCES 58794 $144.36 MINUTEMAN PRESS PRINTING INSPECTION-ADMIN 58795 $4,785.00 MIRACLE RECREATION OF MINNESOT OPERATING SUPPLIES-GENERAL ROUND LAKE 58796 $240.00 MN STATE FIRE DEPT ASSOC DUES & SUBSCRIPTIONS FIRE 58797 $703.77 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 58798 $18.00 MYHRE, ANN OTHER CONTRACTED SERVICES VOLLEYBALL 58799 $2,289.00 NATIONAL LEAGUE OF CITIES PREPAID EXPENSES FD 10 ORG 58800 $702.48 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 58801 $2,750.00 NORMAN & ASSOCIATES CONFERENCE IN SERVICE TRAINING 58802 $5,028.20 NORTH AMERICAN SALT COMPANY SALT SNOW & ICE CONTROL 58803 $282.90 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 58804 $82.50 OLSEN, CHRIS OTHER CONTRACTED SERVICES BASKETBALL 58805 $400.13 OLYMPIC HILLS GOLF CLUB ADVERTISING COMMUNITY DEVELOPMENT 58806 $3,100.16 OPM INFORMATION SYSTEMS COMPUTERS HUMAN RESOURCES 58807 $12.25 PARAGON CABLE CABLE TV COMMUNITY SERVICES 58808 $7,950.00 PARROTT CONTRACTING INC CONTRACTED REPAIR & MAINT STORM DRAINAGE 58809 $1,474.15 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS 58810 $16,656.72 PETERSON ENVIRONMENTAL CONSULT PROFESSIONAL SERVICES WETLAND DATABASE DEVELOPMENT 58811 $659.10 PINNACLE DISTRIBUTING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 58812 $216.00 PITNEY BOWES INC CONTRACTED REPAIR & MAINT GENERAL 58813 $262.01 PRAIRIE LAWN AND GARDEN EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 58814 $999.28 PRIVATE RESERVE CIGAR CO TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 58815 $277.30 PSC SUPPLY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 58816 $963.47 QUALITY WASTE CONTROL INC WASTE DISPOSAL FIRE STATION #1 58817 $159.72 RADIO SHACK POLICE EQUIPMENT POLICE 58818 $325.35 RAY ALLEN MANUFACTURING CO INC CANINE SUPPLIES POLICE 58819 $140,416.65 RIDGEDALE ELECTRIC INC IMPROVEMENT CONTRACTS SIGNALS 169/ FOUNTAIN PLACE 58820 $22.51 RITZ CAMERA VIDEO SUPPLIES COMMUNITY SERVICES 58821 $34.10 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 58822 $594.00 ROTH, BRAD OTHER CONTRACTED SERVICES SOFTBALL 58823 $31.51 SALLY DISTRIBUTORS OPERATING SUPPLIES-GENERAL SOCIAL 58824 $756.68 SCHERSTAD SYSTEMS INC CONTRACTED REPAIR & MAINT FIRE 58825 $693.32 SIGN SOURCE INC OPERATING SUPPLIES-GENERAL HISTORICAL CULTURE 58826 $572.25 SIT, ERIC INSTRUCTOR SERVICE FALL SKILL DEVELOP 58827 $1,569.00 SJF SIGNS STREET MAINTENANCE 58828 $190.64 SNAP-ON TOOLS OPERATING SUPPLIES-GENERAL STREET LIGHTING 58829 $346.64 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 58830 $1,145.05 SOUTHWEST SUBURBAN PUBLISHING ADVERTISING TASTE OF PRAIRIE 58831 $242.65 STANDARD REGISTER INSURANCE GENERAL 58832 $20.44 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 58833 $218.33 STEVE LUCAS PHOTOGRAPHY PHOTO SUPPLIES FIRE 58834 $266.00 TIE COMMUNICATIONS INC TELEPHONE GENERAL 58835 $457.76 TOTAL REGISTER REPAIR & MAINT SUPPLIES LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 58836 $95.00 TWIN CITY AREA LABOR MGMT COUN CONFERENCE IN SERVICE TRAINING 58837 $28.96 TWIN CITY OXYGEN CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 58838 $640.50 UNDERGROUND PIERCING INC REPAIR & MAINT SUPPLIES STREET MAINTENANCE 58839 $729.53 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE 58840 $13,391.95 US FILTER/WATERPRO EQUIPMENT PARTS WATER METER REPAIR 58841 $571.60 VIDEO SERVICE OF AMERICA VIDEO SUPPLIES POLICE 58842 $54.95 VISTA START SMART VIDEO OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 58843 $217.13 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 58844 $2,454.49 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 58845 $625.00 WEST SUBURBAN MEDIATION CENTER PROFESSIONAL SERVICES COMMUNITY SERVICES 58846 $4,419.27 WESTWOOD PROFESSIONAL SERVICES PROFESSIONAL SERVICES SIGNALS 169/ FOUNTAIN PLACE 58847 $8,520.00 ZIEGLER INC BUILDING FIRE STATION #3 $2,626,676.99* r COUNCIL CHECK SUMMARY 09-DEC-1997 (15:56) DIVISION TOTAL CITY MANAGER $3.90 HUMAN RESOURCES $39.51 INSPECTIONS $59.80 FACILITIES $11.05 FIRE $99.50 STREETS/TRAFFIC $6.49 PARK MAINTENANCE $153.08 FLEET SERVICES $587.25 ORGANIZED ATHLETICS $27.15 COMMUNITY CENTER $2,757.03 BEACHES $1.30 YOUTH RECREATION $181.76 SPECIAL EVENTS $11.31 OAK POINT POOL $117.32 • PUBLIC IMPROV PROJ $1,539,032.35 DEBT SERVICE PAYMENTS $193,661.25 SPECIAL ASSESSMENTS $220,966.45 CITY CENTER $52.60 PRAIRIE VILLAGE $10,341.19 PRAIRIEVIEW $12,554.19 CUB FOODS $18,757.70 WATER DEPT $7,360.95 STORM DRAINAGE $25.68 ADA $7.80 $2,006,816.61* LI COUNCIL CHECK REGISTER 09-DEC-1997 (15:56) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 87 $110,643.75 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS 88 $71,837.50 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS 89 $89,613.58 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 90 $46,641.83 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 91 $46,641.83 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 92 $38,068.37 MINNESOTA DEPARTMENT OF REVENU STATE TAXES WITHHELD FD 10 ORG 93 $466.40 MN DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 94 $52,691.00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE FD 10 ORG 95 $1,539,032.35 KNUTSON CONSTRUCTION COMPANY IMPROVEMENT CONTRACTS 10 MGD WATER PLANT EXPANSION 96 $5,742.50 FIRST TRUST NATL ASSOC INTEREST B & PAYMENTS 97 $5,437.50 NORWEST BANK MN N.A. INTEREST 92 STATE AID DEBT $2,006,816.61* !0 CITY COUNCIL AGENDA Date: Dec. 16, 1997 Section: Petitions and Requests Department: PRNR 10- Subject: Petition from Bryant Lake Homeowners Item No.=ati Robert A. Lambert, Director Regarding Surface Management Ordinance RECOMMENDATION: On December 1, 1997, the Parks, Recreation and Natural Resources Commission reviewed the petition from Bryant Lake Homeowners requesting the City to revise the Surface Management Ordinance for Bryant Lake to adopt a no wake policy over the entire lake on Sunday afternoons. The current ordinance restricts the speed limit to 15 miles per hour. The Parks, Recreation and Natural Resources Commission recommended denial of the petition for the following reasons: 1. After consideration, the Commission members believe that a no wake zone is too restrictive for use of that lake every Sunday. 2. Saturdays and Sundays are the "prime time" for use of public waters and a no wake zone would eliminate sail boats and some type of fishing (high speed trolling), for half of the weekend afternoons throughout the summer. 3. The real issue seems to be lack of enforcement of the existing law,rather than a problem with the law. Changing the ordinance would not do anything to improve the enforcement issue. CONSIDERATIONS: Only two individuals from the Bryant Lake area attended the December 1 Parks, Recreation and Natural Resources Commission meeting to discuss this issue. Both residents were opposed to the petition and listed the reasons why they believe the current ordinance is sufficient and the only issue that needs to be addressed is more enforcement. The Hennepin County Water Patrol cannot commit to any additional enforcement at Bryant Lake,but will continue to make an effort to stop in at Bryant Lake as often as possible, especially if there are numerous requests or complaints regarding the Sunday afternoon ordinance. Monday evening December 1 coincided with the Vikings/Packer Football game, which probably had a great deal to do with the number of attendants at the Parks, Recreation and Natural Resources Commission meeting. Stuart Nolan, who submitted the petition, has been informed of the Parks, Recreation and Natural Resources Commission decision. He may generate more interest from his neighbors to attend the December 16 meeting. BL:mdd -petitionsBob97 1 STUART H. NOLAN 7020 Willow Creek Road Eden Prairie, Minnesota 55344 November 26, 1997 Mr. Robert Lambert Director of Park and Recreation 8080 Mitchell Road City of Eden Prairie, MN 55344 Dear Bob: I am sorry that I will not be able to attend the hearing on December 1 because we have plans to attend the Viking Game and I cannot break that commitment. I am writing this letter so that you may put it on record in lieu of my attendance. A summary of the position of people signing the petition is that we are just asking for six quiet hours per week when the lake is open for use. We request Sunday afternoons rather than mornings for quiet hours because afternoon prevailing winds are usually stronger for sailing than morning winds. The reason we requested a "no wake" condition rather than a 15 mph speed limit is that many boaters pull skiers,tubes, etc.,and claim they are not exceeding the 15 mph limit. Obviously,we have no way to judge their speed and, in fact, many boats do not have speedometers on them. The adoption of a"no wake"policy would remove this problem but would still allow use of the lake by paddleboats, canoes, fishing boats, sailboats and pontoon boats. Kindly feel free to call me weekdays at 948-9501 if I can be of any further assistance. Sincerely, Stuart .Nolan 2 Memorandum To: Mayor and City Council Parks, Recreation and Natural Resources Commission From: Bob Lambert, Director of Parks, Recreation and Natural Resources 16— Date: November 18, 1997 Subject: Petition from Bryant Lake Homeowners Regarding Surface Management Ordinance REQUEST: Attached to this memorandum is a petition signed by 40 homeowners on Bryant Lake requesting the City Council to revise the Surface Management Ordinance for Byrant Lake to adopt a no wake policy over the entire lake on Sunday afternoons. The current ordinance restricts the speed limit to 15 miles per hour. PROCESS: In order to revise a Surface Management Ordinance,the State requires the City to notify residents of the intent to revise the ordinance and to provide a hearing process to take input on the proposal. Staff have sent letters to all residents east of 494 and north of Bryant Lake Drive and west of Shady Oak Road that the Parks, Recreation and Natural Resources Commission will consider the petition at their December 1 meeting. The Parks,Recreation and Natural Resources Commission will consider the petition and input from the audience,as well as anyone that may submit written comments on the proposal. The Commission will then forward the recommendation to the City Council. The Council will review this proposal at their December 16 meeting. If approved the Council will then forward the proposed revisions to the Department of Natural Resources. Upon review by the DNR staff the Department of Natural Resources may recommend revisions to the proposal or approve the revisions as proposed. Upon approval of the proposal by the Department of Natural Resources the City Council may then approve the first and second reading of the ordinance at which time the ordinance will become law. RATIONALE FOR THE REQUEST: Due to the limited number of staff,the Hennepin County Water Patrol is unable to spend a great deal of time at Bryant Lake. Many people are blatantly ignoring the 15 miles per hour speed limit. The slow no wake zone is a more common restriction on lakes or portions of lakes throughout the State. People tend to understand what a no wake zone is and there is less chance of someone stating they were unaware that they were exceeding the speed limit. The petition also requests the no wake zone be expanded to all Sunday afternoons, rather than limiting the dates between Memorial Day and Labor Day. City staff have contacted staff of the DNR, as well as staff at Hennepin Parks to determine if there is any opposition to this request. Upon initial review, there is no opposition from either agency. RECOMMENDATION: City staff recommends approval of the request. BL:mdd BLakeord/Bob97 STUART H. NOLAN 7020 Willow Creek Road Eden Prairie,Minnesota 55344 November 6, 1997 Mr. Robert Lambert Director of Park and Recreation 8080 Mitchell Road City of Eden Prairie, MN 55344 Dear Bob: As you requested,I have circulated the attached request among neighbors on both the east and west sides of Bryant Lake. Of the neighbors I was able to contact,all but one was very anxious to have the ordinance adopted to be a"no wake"policy on all Sunday afternoons. Hopefully,this will allow you to initiate the process. If I can be of any further assistance,kindly call me weekdays at 948-9501. Thank you. Since ?y, H.Nolan October, 1997 TO: City of Eden Prairie,Hennepin County Parks and Minnesota Department of Natural Resources FROM: Homeowners on Bryant Lake We, the undersigned, are homeowners on Bryant Lake and would like the current Sunday Speed Ordinance amended to read as follows: A "no wake" condition shall exist on Bryant Lake from 12:00 o'clock noon to 6:00 o'clock p.m. on Sundays. NZ )4,1A47,e `-1/0 70?4/ ,r•C 1 e u Address cD__Go D-(0 0 LAC31.3 e Address 11,0/' a&k. ieet . Name Address 7 0 Gam'e 6v-a) UAddress � cca4. 1 (Ai r--- Name Address T.. a1QL � lB 31 ` 1 Ltrta Cki1blidate Name C J Address ./ 4 :, ,k D 6( 70,0Z a -Ocrz�A . . N e Address AtAt&_ ame Address Name Address Name Address October, 1997 TO: City of Eden Prairie,Hennepin County Parks and Minnesota Department of Natural Resources FROM: Homeowners on Bryant Lake We, the undersigned, are homeowners on Bryant Lake and would like the current Sunday Speed Ordinance amended to read as follows: A "no wake" condition shall exist on Bryant Lake from 12:00 o'clock noon to 6:00 o'clock p.m. on Sundays. cry' -ay_.... .444,4-LvJ 70.30 Ili week_ Aac Name Address (11.) tate...) Name Address 7 / a)717*)glieeKg09 Name Address is( tV i' i /4/ ge- atikImo*',p� Name Address Q1441, & - if 7J Id,Iddlir&JC . Narik Address S-14.4.-1AA `rt ba 14hll,W .0e e Rd. Name af t Address 7ikAAAAL. �"% '' '7 2 2 4 1,EJ i I)Du) Creek. 2,5,..4 Name Address ; -�- ceo C531(ki Name Address 2ddl'7 - d•/%"(1 Name Address Name Address October, 1997 TO: City of Eden Prairie,Hennepin County Parks and Minnesota Department of Natural Resources FROM: Homeowners on Bryant Lake We, the undersigned, are homeowners on Bryant Lake and would like the current Sunday Speed Ordinance amended to read as follows: A "no wake" condition shall exist on Bryant Lake from 12:00 o'clock noon to 6:00 o'clock p.m. on Sundays. ....0- f,-..:-.-,--- .,4--' •-<, , '-":7r-74,!**-7.--•'.<-"S"--.2.-../ /,' ./.,,„A.--/ , ..... (-. /'"/';1•Name / Address 1 / i v , IY-7 ,/ /. fr e/ ) -)eL__-7.7-17" -SY/ Z I/ Z.4 a/4 r. Z/( tr 1 Name Address 4-1 ., ,- , / 7,•' ' ii ' , • .,i •,- ( kii-i 4 1 -" ie ' e ij FL/ / 1 i:',/ lif 1 ,11/1 f ,../ k..,....„ i '' i ' 1 lir;J i 1 Li L.'Name Address N Address - 1 -'7/'- ------, /).--S .; Name- '' Address /2.71L''- (P ,b G / 0 Ee--;) MA/ EP. Nan2_ //1 7'',) 71 Address ) 7 6 c ,_,...___. (....kLi../.....t.,,z,„._, N e t /o:''/.1/41:1_4(-2)..A Address X :t ‘,iC i V17" Address (9 /4'(/i;(?,,/ : ' "'W.) '*-2 ( -),(6(4/ tC C." •/ Ad ess Name / Address i October, 1997 TO: City of Eden Prairie,Hennepin County Parks and Minnesota Department of Natural Resources FROM: Homeowners on Bryant Lake We, the undersigned, are homeowners on Bryant Lake and would like the current Sunday Speed Ordinance amended to read as follows: A "no wake" condition shall exist on Bryant Lake from 12:00 o'clock noon to 6:00 o'clock p.m. on Sundays. Cti aze,_40._ e5„0„. 14, e Address Name Address 33 ( G11-- ceL Name Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address q UNAPPROVED MINUTES EDEN PRAIRIE PARKS,RECREATION & NATURAL RESOURCES COMMISSION MONDAY,DECEMBER 1, 1997 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS COMMISSION MEMBERS: Richard Brown, Chair; Frantz Corneille, Claire Hilgeman, Don Jacobson, Vicki Koenig, Glenn Stolar, John Wilson STUDENT MEMBERS: Elizabeth Cook, Stacy Enger COMMISSION STAFF: Robert A.Lambert, Director of Parks,Recreation and Natural Resources; Laurie Helling, Manager of Recreation Services; Elinda Bahley, Recording Secretary COMMISSION MEMBERS ABSENT: Brown, Stolar, and Wilson I. ROLL CALL Vice Chair Jacobson called the meeting to order at 7:05 p.m. II. APPROVAL OF AGENDA Lambert added Community Center Pool HVAC Project Bid under Old Business, item B. MOTION: Koenig moved, seconded by Corneille, to approve the agenda as amended. Motion carried 4-0. III. APPROVAL OF MINUTES - OCTOBER 21, 1997 SPECIAL MEETING WITH COUNCIL & NOVEMBER 3, 1997 PRNR COMMISSION Lambert noted the minutes of October 21, 1997 have been included as an FYI item for the Commission. MOTION: Koenig moved, seconded by Hilgeman, to approve the minutes of the November 3, 1997 Eden Prairie Parks, Recreation and Natural Resources Commission as published. Motion carried 4-0. IV. PETITIONS. REOUESTS AND COMMUNICATIONS A. Petition from Stuart Nolan and Bryant Lake Area Residents for "No Wake" Zone on Bryant Lake in Lieu of 15 MPH Speed Limit on Sunday Afternoon 1U Unapproved Minutes Parks,Recreation and Natural Resources Monday,December 1, 1997 Staff referred the Commission to a memo dated November 18, 1997 and a letter dated November 20, 1997 from Bob Lambert, Director of Parks, Recreation and Natural Resources; and a letter and petition from Stuart H. Nolan, resident of Bryant Lake. Lambert indicated the petition signed by 40 people has requested the City Council to revise the Surface Management Ordinance for Bryant Lake to adopt a no wake policy over the entire lake on Sunday afternoons. The current ordinance restricts the speed limit to 15 miles per hour. Staff has notified all residents between Shady Oak Road and 494 what the request was and what the petition is for. He explained the process that will take place in order to change the ordinance. Bart Knutson, 7120 Willow Creek Road,noted he has lived on the lake for over 30 years and it appears to be working just fine. He did not sign the petition. It's a public body of water and the City should not unnecessarily be designing it for someone's private needs or issues that they have. There are other issues on the lake far more pending of this and far more important. Part of the frustration of the neighbors concerning the lake is there is no one enforcing the laws on there now. He believes the reason for the request is it's a lot easier to monitor a no wake zone than the current 15 miles per hour rule. It's a great recreational lake and he personally doesn't want to see changes made. Koenig asked what his concerns are about the lake. Knutson said the personal watercraft issue stands out and on probably 99 percent of all Minnesota lakes it's more of an irritant than anything else. David Steen, 6741 Beach Road, commented he was opposed to this ordinance change making restrictions on the lake. The prime days of the year for the lake are during the summer which is the weekends, Saturdays and Sundays, from Memorial Day to Labor Day. Last summer there were only 30 prime days to use the lake and because of the speed limit on Sunday, which is meant to discourage people from using the lake,this will effectively cut the number of days of use on that lake in half. A more restricted policy for 1998 would cut 30 prime days down to 16 days during an entire summer that you can use the lake. The 15 mile per hour limit works for pulling kids in an inner tube, for wave boarding and knee boarding. It does not work very well for water skiing but there are three activities you can do during the day with a no wake restriction. He was very opposed to this change enough to design a different petition depending on how things go tonight. He believes it would be more fair to allow residents quiet 2 I I Unapproved Minutes Parks,Recreation and Natural Resources Monday,December 1, 1997 time on Sunday morning from 6:00 a.m. until noon and then opening up the lake to the public for the rest of the day. Jacobson asked what his description of use of the lake is. Steen said he likes water skiing and likes to go at least 15 miles an hour. He also likes to pull his kids in a tube and knee board. A no wake policy would effectively make it unable to use the lake during the sunny time of the day during the summer. He noted the lake is not utilized on most Sunday afternoons. This is a lake and should be used in the summer. The people should be encouraged to use the lake, not discouraged, for whatever they would like to do during the peak hours of the day during the summer. Hilgeman commented changing the ordinance would not be denying use of the lake but limiting use of the lake. Lambert explained the reason the City first initiated the 15 mile an hour rule was because of the fisherman. As a result of the configuration of Bryant Lake, two boats water skiing dominated the use of the lake and they could not fish. The 15 mile an hour would enable everything except boating and at least have one day where people could go out there and fish without being driven off the lake. After having a brief discussion with Mr. Nolan,the exact issue was the enforcement of the ordinance. Hennepin County Water Patrol is very undermanned. They only come out to lakes like this when requested. The neighbors feel everybody knows what no wake means where everybody has a different concept of what 15 miles an hour means. Hilgeman commented putting this whole process in motion seems argumentative because it's replacing one unenforceable ordinance with yet another unenforceable ordinance. It does not seem unreasonable what the people want but she questions whether it's worth going through the whole process for yet something else that can not be enforced. Knutson said everybody has a different idea of what should happen on the lake. He said if it's not broke, don't fix it. This ordinance has worked for 20 years and it all boils down to everyone comes up with a different idea. It's a public body of water and should be treated that way. The public should be able to use it however they see fit. The City would be opening up a can of worms if they start looking at all different petitions. Koenig was concerned about a no wake zone because of the limited use of activities. 3 Unapproved Minutes Parks, Recreation and Natural Resources Monday,December 1, 1997 Lambert said there are not a lot of recreational activities you can do on a no wake zone. You can fish, canoe, and barely sailboat, so it's very restrictive during a very high use time of day. Hilgeman commented no wake zone is too restrictive and it's going to restrict recreational use. It's also switching from one unenforceable ordinance to another enforceable ordinance. MOTION: Hilgeman moved, seconded by Corneille, to not change the Surface Management ordinance for Bryant Lake at this time. Motion carried 4-0. Lambert noted this petition will still go to the City Council in two weeks and encouraged members of the audience to attend. It will be forwarded to the City Council with a recommendation from the Commission to deny because if it isn't broke, don't fix it. V. DEVELOPMENT PROPOSALS A. United Healthcare.Inc. - Lazaretti Property Staff referred the Commission to a staff report dated November 21, 1997 from Michael D. Franzen, City Planner. Lambert explained this is a Planned Unit Development and the reason it is before the Commission is because it's a concept plan, a conceptual use of a significant piece of property in northeast Eden Prairie. There is no development plan, no site plan, and no grading plan because it's a PUD. The major issue on this was the traffic and whether or not they could get all the development they wanted to get on that particular piece of property. This is a Planning Commission issue and they did approve the request subject to them working out a deal with the Honeywell Corporation to split the traffic. This project has been brought before the Commission because it's a major land user that's proposing a pretty high density use of a piece of property. They are proposing a high rise type development not infringing on the marsh or the majority of woodland. It's a very good land use and a good proposal as long as it's scaled down to the size that the site can handle in terms of traffic. Koenig was concerned about infringing on two of the wetlands because the plans depict that. Lambert said if the Commission approve the PUD consistent with the 4 '3 CITY COUNCIL AGENDA DATE: SECTION: Reports of Boards and Commissions December 16, 1997 BOARD/COMMISSION: ITEM DESCRIPTION: ITEM NO: Housing, Transportation, and Human Approval of Human Service Services (HTHSB) Chair, Kathy Kardell, Funding process Member, Mary Cofer, and Staff, David Lindahl REQUESTED COUNCIL ACTION: Review and approve the human service funding review process established by the Housing, Transportation, and Human Services Board (HTHSB). BACKGROUND: Each year the Board reviews requests for funding from human service agencies proposing to provide services to Eden Prairie, and makes recommendations to the Council through the annual budget planning process. Although the Council may be aware of this process, it has never been officially adopted. The process is outlined in the attached memo and related documents. A brief summary of process is as follows: • Determine Needs: The Board determines the human service needs of the community through various means (listed on page 5 of attached RFP packet). • Set Funding Priorities: Priorities are established and included in the RFPs. The Board advertises for proposals from human service agencies able to provide services to the community per the established needs and priorities. • Recommend Funding: The Board reviews all proposals for human services and measures them against the criteria and priorities included in the RFP packets. Recommendations are developed based on the complete review of services that can address the needs identified by the Board. • City Council Action: Recommendations are submitted to the City Manager and incorporated into a draft City Budget for the subsequent year. Unless changes are made to the recommendations by the Council at the budget hearings, they are adopted in December with the entire budget. SUPPORTING INFORMATION: Memo Outlining the Funding Review Process 1999 Request For Proposal (RFP) Packet HTHSB Charter/Mission Statement h\wperfect\htssb\funding\budget.1.97 MEMORANDUM To: Mayor and City Council From: David Lindahl, HRA Manager Kathy Kardell, HTHSB Board Chair Mary Cofer, Board Member Date: December 5, 1997 Subject: Human Service Funding Process - HTHSB Brief History: (human services reviewed by the Human Services Committee prior to '95) The City has been purchasing human services through contracts with human service providers for many years. Before 1995, the Human Services Committee was responsible for reviewing funding requests from human service agencies. Agencies would approach the Committee with proposals to provide services that would address certain needs that they (agencies) had discovered in community. The Committee would discuss the proposals and pass on funding recommendations to the City Council. There were no funding parameters established by the Committee or City Council in reviewing these proposals. Instead, the Committee used its best judgment in deciding whether certain needs were going unmet,who the appropriate agencies were to contract with, and what the funding should be for each service. HTHSB Established: (HTHSB assumed Human Services Committee responsibilities) In 1995 the Human Services Committee was reorganized and the Housing, Transportation, and Human Services Board (HTHSB) was officially established as a new City Board. The responsibilities for overseeing the human service needs of the community and for reviewing related funding requests were passed on to the HTHSB. Current Process: (HTHSB revised process to get a better handle on human service needs) The Board revised the way it contracted for services in 1996 by purchasing service contracts through a Request For Proposal (RFP)process. Now instead of service agencies deciding what the community's needs were, the Board identified and prioritized them itself (to the best of its ability), and requested proposals from service organizations to help address these needs. Each year the Board reviews funding requests and makes recommendations to the City Council through the annual budget planning process. The process established for the 1999 funding cycle is included in the Request For Proposal (RFP) packet attached for your review. A brief summary of process is as follows: • Determine Needs: The Board determines the human service needs of the community through various means (listed on page 5 of attached RFP packet). • Set Funding Priorities: Priorities are established and included in the RFPs. The Board advertises for proposals from human service agencies able to provide services to the community per the established needs and priorities. • Recommend Funding: The Board reviews all proposals for human services and measures them 2- against the criteria and priorities included in the Request For Proposal packets. Recommendations are developed based on the complete review of services that can address the needs identified by the Board. • City Council Action: Recommendations are submitted to the City Manager and incorporated into a draft City Budget for the subsequent year. Unless changes are made to the recommendations by the Council at the budget hearings, they are adopted in December with the entire budget. Funding Parameters: (current funding process flexible and supported by HTHSB) The Board operates similarly to the Human Services Committee before them, in that they use careful judgement in determining whether a service is really needed, and the necessary level of funding. This approach was accurately summarized by Board member Mary Cofer at a recent meeting who stated, "They (the Board) should be able to make recommendations to the City Council based on careful screening of the programs that give benefit to Eden Prairie and address needs identified and validated as genuine. The HTHSB has been reviewing these needs as they arise and making decisions and recommendations to the City Council regarding funding of these programs. The HTHSB is sensitive to the issues of real need and does not close the door on programs that have need but they want to have the resources to fund programs that need funding." In 1997 the total budget for contracted services reviewed by the Board is $114,227, or .5% of the total general fund budget. A total of $169,000 in funding requests were received for the 1998 funding year. The final recommendation was for$130,000,which included funding two new programs (Grant Hussey Foundation and Family HOPE Services). The Board has discussed establishing formulas to help set funding limits, i.e., establish the 1999 budget by using the 1998 budget, plus inflation. However, this approach prevents them from funding new programs or services that may be needed without cutting existing programs. Definition of Human Services: (human services are not just for low-income people) Human services are those programs and services designed to address the specialized needs of vulnerable sectors of the community, as well as the general population. These services help preserve and enhance the general health and well being of our community. When considering a broader view of how human services are defined in Eden Prairie, the Board identified various services currently provided by the City and compiled them into one table. Focusing all the human related services together will help the Board and City Council develop a more comprehensive understanding of the variety of services provided by the City. It will also make it easier to monitor service trends. There are many services embedded within various department budgets that are rarely viewed by one body in the context of human services. Therefore, the Board will ask City staff that oversee human service related services to update them each year about their programs. This may help insure that there is no duplication of service, and will show that these services are available to all residents, and not just low-income and senior populations. 1997 Human Service Related Budget: (a list of all "human service" related services funded by the City on the next page) 2 1997 Human Service Related Budget: Initial Agency/ Service Funding Funding Department Recipient Service Area Review Source _ 1997 Budget YMCA Teens Counseling/Physical Activities for At- HTHSB General $15,000 Risk Youth Fund Teens Alone!The Teens Counseling/Runaway Shelter HTHSB General $8,000 Bridge Fund Prairie Fest Teens Weekend Retreat for At-Risk Youth HTHSB General $1,500 Fund Storefront Youth Action Teens Counseling for At-Risk Youth and HTHSB General $7,500 Juvenile Offenders Fund Family HOPE Services Teens Family Counseling&Youth Retreat HTHSB General $5,000 (Tree House) Fund Grant Hussey Children/ Sexual Abuse Prevention/Education HTHSB General $5,000 Foundation Teens Fund MPLS Crisis Nursery Children Shelter/Nursery for Children @ Risk HTHSB General $3,600 of being Abused Fund Episcopal Services Single Coordinate Mentoring and Provide HTHSB General $27,000 (HOPE Program) Parents Case Management Fund Family Center Plus Single Parenting Classes at Section 8 HTHSB General $11,300 (School Dist.) Parents Projects Fund Meals on Wheels Elderly Food Services HTHSB General $1,000 Fund Senior Outreach Elderly Counseling and Resource HTHSB General $16,500 Coordination Fund Parks& Recreation Elderly Senior Center Related Services Park& Rec. General $182,251 Fund HOME Elderly Home Repair and Chore Service HTHSB CDBG $10,067 Sterling Ponds Elderly Affordable Housing Planning TIF $28,000 Apts./Comm. Dev. Commission Elim Shores/Comm. Elderly Affordable Housing Planning TIF $59,000 Development Corn mission Community Resource All Residents Information & Referral Services Administration General $3,166 Center Space Fund CASH All Residents Tenants Service- Mortgage HTHSB CDBG $3,000 Foreclosure - PROP Office Space All Residents Food Shelve& Administration General $26,400 Information & Referral Services Fund 3 q Initial Agency/ Service Funding Funding Department Recipient Service Area Review Source 1997 Budget Family&Children All Residents Affordable Professional Counseling HTHSB General $11,000 Services Fund Evolving Needs All Residents For Emerging Programs HTHSB General $17,600 Fund SHeRPA All Residents Human service Planning/Family City Manager General $18,758 Service Collaborative Fund West Suburban All Residents Mediation Services Human Rights General $2,500 Mediation & Diversity Fund Cornerstone Adult Woman Counseling &Shelter for Abused Police General $18,000 Woman Department Fund Facilities Department Disabled Americans with Disabilities Act Administration General $50,000 Residents (ADA) Fund Parks& Recreation Disabled Adaptive Recreation Park& Rec. General $74,972 Residents Fund Adult Foster Care Disabled Housing People w/Traumatic Brain HTHSB CDBG *$17,000 Homes Residents Related Injuries GMDCA Low-Income Child Care Subsidy HTHSB CDBG $24,000 Residents Edenvale Townhomes/ Low-Income Affordable Housing Planning CDBG *$187,524 Comm. Development Residents Commission Housing Rehab/ Low-Income Home Repair HTHSB CDBG $85,000 Comm. Development Residents Columbine Low-Income Affordable Housing Planning TIF $47,000 Townhouses/Comm. Residents Commission Development Habitat for Low-Income Affordable Housing HTHSB CDBG *$15,000 Humanity/Comm. Residents Development Community Dev. Mgr .75+ Housing&Human Service Planning Administration Gen. $55,000 Staffing Secretarial Fund .40 Total $1,036,638 * Not annual expenditures - for special housing projects. h\wperfect\HTHSB\fiwding\budget2.97 4 5 19994,. ..): pRRFF' .::::::: ::::::::::::.:::: FO R R f ::.:::.::.::: TH- IN + 17�( tJF ..D:EN P I: City of Eden Prairie 8080 Mitchell Road n E nPr iri M[ n t '�P PROVIDER INFOI MATT ICI: : :> > ' > :':;:`::.' ' ``> >:':>b . . ............................ ........ . li nOrgan.-- .......E n ca � t c� , Address: ..... ........... ... ::::.::...::: PersonPre- r ri li im ................:.. .. . ePa paring p cat t� ::>:::>::::::;::::::::.:::;:: : :...:.:>::�::> • Telephone Nunn hers : T ofOrganization. P liN n� F r Pr ti ::> : :": `:>` '_° >: "`:' <° :: YPe Ci ub c 0 o Profit © • c a t .::.....:.:>::::::.;::.;:::.::.::.:::.;::::.::: ...... ::.::.;>:::.:::::::> PRIORITY SE- AREA: >' `:::.:::::.: : Pleaselistr fun n in r next h r ri rui • areas,- Your w d +� �►est � t to t e a � ate se :•. �� a eas. . Priority Service Ara da. FundingR $ Family Chil r and dren Su v t Services pt� $ c e Crisis Services Senior Services :....::::.............. Transportation Services h n $ Other Em E N� Needs e 'r ota Request $ $ eq I certify tv the bast of my knowledge that all information provided• in this application Is O ..:an...::.':::::< complete. I also certify that l am authori ec#as the agency's representative to: ice: esassurances<< ::°'° ando E� submit this catEon AUTHORIZE ►SIGNATURE . ;:;::::; ::>.::,',<,:>` signature g Title mate .:.: ::.;.;::::.:: ::;:>: R REP :> 'iii i< :'"'"'<>>"'-.. :> :>< : < .....REQUESTS QUE; TS FOIE Ip t F AK.. .: .:>:>::;:::<: ::::::>: :::.:::.::.::.>::>::.::.:::...:..:::.:.;::.;:.>:.:::::.:::::.::.::::.::::.::.::.::.:: FOR • HUMAN. �F "V�C� IN T � 11 '1i�' :;.;;.. :. ...:.::.;:.;::.;:.;:.;:.;; :.::.>:.;:.;::.;:::.:.:...: .; ;: .;:. r invitedmi r I thei cif .Pdert Prairie ccordin` ►' his R „` ..:: a' .....::. are tosub t .p tip0 _ to ty <:<>::>:;> :<.: >:: ' :<>::>::.:::>::>:.::.::.::<:::;::::::.:: 1 . Proposal (RFP). Proposals.accepted'in 1998 Will. a funded ::::.:::.:..:.. ..!.:... :. .... ... :::::..:::.::::::::. . E. CATIONS ° ..... >`>'> [:.li>�if3CfRAM SP CII ..t To help address human services. needs identified within the comet inity,the City cif Ed i ' < Prairie will purchase'direct humanservices not' beady provided;'thr©ugh'existing• program ° <> Proposals should focus on. :.r..io ity service.a real:for'the'followin a get:p ulations :> ::::><>: :>:: p 'I i w I . . Fa milies hi n h L rrte a � dre with � CtCo �es � Senior Citizen •: : 5 t Children A lesce s � dren do rr Proposals from agencies.participating • (or willing•tv participate) in:::]]].heSouth Hennepin Family € » Support Network(F$N),will receive pri©rity considera•tion. Agencies•will: a rt quired ::sigri. < < a Memorandum of Understanding MCI) , prior to.receiving.fund <, .... M t :is an agreement ': to work collabarati:vel with otheragencies'to hel improve serviced fiver f . >° >>: > >< ldntlfying and responding to people's problemsearly. t to the resources ire`::::may:> > > ' Providing follow- re erasure peopl 'are•ctirtnec ed Y::::;:>::;:><>::::<:>:.:><.:<.::.:;.;: improving.communication and cciordination among human;servic :providers rn } .,r...:. n :: h n prairie rn unity c ter.•> :": > ::>::: ::< '° >' _> >''''�> Supporting t e de e e Ca a ty esou ,e Ce ,:.;::.;::; ... :::;;::;:::.::.:<.;>: F I >: t 92 5x> <« >> >'`''> > For more irtforrrtatican about the ESN mlfiative'.cal Aran Boer..:a. B. brio " vice Areal FamilyChi. » eShould :>`< .<< > `< `< < < < <`< <.> ' <' <` $�d ��t�r'e �uppart� rv�es laou support low:i.rlcorrt fa .iii•es trying to;auhlev self sufterrey�.::. .; ....:. - HelpCity residents, workers, and their families maintain their independence�r< e community:. Help create a isitiv mufti-cultural environment: xamp services t immi r ><<< counseling,employment mentorin�g,education programs,_subsidi ed:: ay Bare: << n n ivl I I in dependent e dent n servi s. p 9 Crisis Resources C •R sour es nut. ..' d` •- • Provides support to children,families,or individua• ls in erriergenc i pri i situations :Provide e erge cy and/•or finanp a services for ow....,. . e. .:..:::::::::::::::.:::.::.::.: ::.:: Page 1 r�r Should:Senior S e • Help Eden Prairie senior population maintain their:I. ende7.......::.:"....:.-.2..:....................................:< > :< <: ::: ::::i ry old-. �� ��rrnn�� yes��• H I I r er n n whoarkdi bled ri :,erson '< 11 ids h low .Help v de persons,s, Parsons p incomes. Other Emerging feeds: :::::.... g g .. . ...::.:: .. Other needs within the community identified by tfe applicant..::>> ...... .........., ::::.:.. .... Agencies may submit a proposal for any or all of the categories. The Agencysu fitting .. j:: i n Pr iri isn i [ forprovidingtheto theCity cf IY#+� a e. .:€:':� : >> >> >:::>::::::.::�:':: ..... respo s b e o service y . ::::>:::::>::::>;> titerii C. Servi. a cep 1. services shouid be provided to, and available:f r ::Prai residents an+ ° ' q es 2. All services should be provided according to the tste Human I t 63`and he :< I issbiiities Act of 19JQ (Ai7A), Upon request, accommodation will be provided::;,_ ell©w individuals with disabilities participate in all services, pro r m activities. :...::.::.:'>. ::...::'.. .. H. APPLICATION C : p.'.:.:: .:.::: .:::: ::ff'.'„:.::::.::..' n A. P'rept�saluamissirtns Procedurea d Format .:. ::: : ... .:::.'. ::;::.:.;:.;.;:::>::::>::::>:::>::;:;::>:::;:::;.::::... ....::..::. 1 Tern �1 a� typed cop of the proposal should k :stn tt #:::::::::::..::.. .......... . ...:".>: I HRA w n pi/tanager ag e rDsvi _indohiPr i City Eden 8 tMitchellRO ad 8°8irie MN Eden a x Phone: 949�949d 2. To_be considered, proposals must bereceived by t3tt R A„ Monday' April344 : `I ° 19 . 9. All proposal- must be comp complete and should Identifythe::n a><artd>telephone € r' ofther rr personthat rebated the ed c sal. ` :::::;:..::` '::.:.::...... :..::::.::.:.:.;:':::::.::.::.:.:.: '. �' pp 4. Number all pages and include a table of contents for easy referencing..Please ......<:>: include elaborate brochures, expensive bindings,ec..<;: . :.. << >:: <:;::: .:. `.. iii> . Page 2 ......5. Any questions relating to the REP,should be direcd tofihe i Ma n t d < above.IB.. >:P o ted Time h ne R... r � i Task • Date .... .. ...............:............................... 1=.. Released'sed' •:.:.. • March 20 1998 Pnda «:»< : : ::::> :: l ;�$ (Monday_ t Deadline 20,rll1.1� M Submittal � adll ' wPri April 21 - Mt Review Period ay 29, un 1 � :'>:»>:::::::»>:. < ::< >` < <'< ` > '<> < < Board Action. J e 9;� > :>:: « ....:. : »>::::>::>:>::><:<>;:<:>::::>:::>::»::::: • City Council Action ;�epternber 1 & .;;:.:;' .; 1. Initial !!! !...!.!..i...:i.7..7..:.:....:::: Ser lce. Delivery January�#� C. Pa me t forServices Y oPPrograms will::b•reimbursed per unit of service (i.e„ clients hourly,visit)`: 1' a the nit fr:!service far::;;each pro ram, and the• method of::;,arriving at. a:..,do per ni(f : :'' . Reimbursements to agencies for services rendered are...usually n,ad .:;.lr f gu,,mc <>> t� rly) portions.. ns.. (guar ifl.:.APPLI+CA I',O #+1 3N'Y I± '' ><> >> '< ' : >«>>» .......: All the information in' this section must be submitted for the..application;tobe. omple u ::,„r owls;:.,: sh©uld writtenba .for r a one year r i.24mon h Period.• A. Cover Page Complete the attached Provider Iri forrnat v +ref.:;::..;.; ..;:: : :.:.;:.;«:;:.<;: �Pro gram ram S�tttnma page)e B .:.On a separate;: page, provide a concise• summary`<of:.you proposal that.; will be :':'::: understandable to a general audience. The summary should respond tc.each.'catego >: listed below, Please t the name of your program at the trap of the p e and:l rt:ea : Il rt r r h r n f w h category. Q ra ed by a� v..t(on pa act.ap � e p For•agencies currently funded by the City, complete Sections: III A.:and B. .oft . application only.Do not:complete:Section.:C (Program larrative), unless.you•feel:.you need..:...", • to.Use additional•space if necessary to fully explain the"outcomes"categ©ryli; ted be ;< : ^ Q • summary . Describe the service, its : oalsri' and„ h a o s :. vi philosophy about the.se ; ;;;;:.:.::<:.:::::.;.:::>:.::>::::::<.::::.:;::.;;:<.;;:.::::�. o Need : ..... :;. .;::.;:.;;:.. Provide evidence of the'need for.tha servio......><`> > : • Describe how the service•addresses a::Pr r rService >' . • Area. ea Target Population . .,• Describe target population, 'ado aio niter a : number f nserved U eo rS : Indicate the total number of (unduplicat ) esiden .:.:: • served:to previous ear...:>: :> > < ::< > :>::::>; n. WorkPlan • , .. Briefly describe the.p an:f# delivenng;your i to ou1"::><_ > communit y,y Page 3 1U b e.i rin ::this::€ e>� is per Service Costs Describe.the cost:of d i ve 9 �>::::.:.:::::::::::.: basis, How Is..the unit of:: ervice cos determined I *:y:<:::: one hour of•counseling =one.unit of service. . • b> Outcomes How are client outcomes evaluated?'•Show .evidence <_ from the.Print year stating :t.:: .: :.:>epttunes::» ::>.> r_» ;:.. • service in meeting•its:g+aa s ........;:;;:>:.'�;:.;::>: ;:::>::>::<::>::»:::::>: Describe the methods used to evaluate client prres :< Include",evidence.that:you obtain and.: Itilize feedback .• from clients and others to improve,your service : •:.p sand their•llatl.onx:> > >> >: > aoitftiea List the service site C. . pro rar Nary.... .�' g � in this section; ,•describe:your program in.more detail; kssur e•the evaluators°have.'nc >: • knowledge of your program. This secti© need:onl be co•m fete t...:y age cie proposin < a newservice s Proposed�ervi'cer #� page max .) o sed P r ' itsagency's. hlloso . about this; l`�fICAE'z>:::>:>;>::><><;:> The se vice, goais, and the ag nCY'...p G :>:;. ..:>:::<:::«<:;::;>;>:»::>::>:«<:<::.>«:::;:_»;>::»:..><>:.:><:<::::>:::::::«<: n n '1:: h r ice:: ; .:::::> ''' >'><>< :>><» � `> »> :>» How the CemmW ity will be of t from t e se v ::: ration- r f I n HE3Ws �da tf c� ata 'days F� . of .1 a se.vic :;::> <:` ;": ` ` : i : >`< < > `'< ` ...:::The service e,rea and the access btltty t e ... a..::.::..::::...:..;...: ::;:;: : ..:...:::::::::::::::::::;:<.::: 1 r .. vi deed a h er s a S G� ra P 9 P Provide evidence of the need for this service in Idi >i' rl . : 4 Y ri... Vice area,::::::<:>::>:«::::: ::<:::::::::<::::<::<>>:> ::<:::: <:: :::�> pest be how the service addresses a F�ridtity der b Target Population �/ page maximum): 1:'.:'::::.:':::!::.!..:..:•..:]:.:.]•'.:•]'.:]:::'::::?a:11::!::;;;::-]....] :-:].]]:.i.,-..:...i..i:...,::i:::.„:„„..:..:.:.:................ ...... . :... .. : Clientele. : e vsTot 1 I'entsPr a c Ee.P clients, nts ser ved v d. Admissions inpreviousYear. :7otalclient�serve b • • Wor ge ma x u , : :. ' > <> >PlantiPi vieea�uie : r <er �Y» : : ;;: ;:>:: » ;Aescribe the plan f r.tellvering� �urser ,.:< :>: b r `f he cost pe:.unit Of service - define how the unit t Service cos.:i : efiermirled: '> .. one hourcounseling..ofon' unit of � v e s r ice, .. ><,,><><'.:>.:. insurance costs. Inc lude. a copy f nn ul financial r P rt Co pleto theattached ency-Pra r m:.fin c. 1 m y. ., .:>:»>:>:>:< ;.:.:.::.:.>.::.::.:.:.>:.:»..>.;:.»mtion: fix. a : ran Staff& r ariza io is1nfora r r : :;::;::>:: :> > ; » , , and.qua tKey staffpositions.,...res on ' 'I, e lifie a " ns. > « .:::. Page 4 Ongoingtraining for staff - has ..yo r'staff receivevd training' r.ough:: HMi R fad:`:;;; port etw err ' 'pan t Family u fJ dr`t # atE• In he m � p I� p. y pp . ... r :: a vi > > >> '> E�perier�co your ag.racy has'in dE�livering.:the proposed s � :.::.::.::.::.::.::.::.::.;;:;:.;:.:::.::::.;:.>:.::.::.::.::.;:.:: Four organizations.structure(include'an orgarfi�pn�l p.::;��)::»>::»: :::::>::>::>::::;>::»»>::>::;<::::::>::>:»:::>>;»>:>:: a •tr�urn fi � page r�x>t utc o�e.�valE�a on �' { • How objectives are used.to evaluate cl>ent'.out+ mes and:;pr.:. a «> >< u : >: .r e ur an doe me ted How results are m as ed d u r h r u t evaluateprogress. • •r�et ads sed e p 9 . • :. How you obtain and.utilizing feedbag#tom clir nts:and others to irm pro e:. rvr s dour participation in any collaboratives (South Hennepin Family Support i... ork) 1V. +�EIVERA�,CI�Ft�RMATI ion l Conditions and Li ENE a ..A. Pro sa 1. This•RPP request does not obligate the City..of•Eden Prairie to awa.0........ii........ .i.;.:].]:.:]..]:::..::::i::.::.i:.:::.:..„....... :rd a contr t or t pay for any costs incurred in the preparati©r of a prep©sal to this request:.. The Ctty > reserves' the right to accept or reject any'proposal recei red #r i:.: Eis>:::request' tp negotiate with agency representatives,and:to cancel and/or change this •RFP >: <. ...'. Please submit your proposal to the Eder Prairie editiy 0 + a before 4 3 `#-.rrr ay,.,;:.: April::20, 1998 ..Proposals.:will only be conside d if they are received before;this t€me.::.... iv of. ::e gen :_ »< �' The •proposal:should be signed by a qualified representat E.:. th. .ag :;ray;:;:,,;.;,::: r B. I�r�r s�tll�E�rildin ..Revlew.P ocess g ReviewBoard Proposals will be evaluated by the Housing.TrE nsportatic n, and Hi m.an e�rviees' Soar < (HTHSB) which.is.,composed:of members of'the Eden Prairie.City Counc l:: Planriin Commission,Parks Commission,Homan Rights and;©iversity ort missi•on,end:member :: :: . of the:community. The Board has been designated by the...„...:.ity.Council'tn drform the each e following tasks .. Y Needs Assessment determine to the best.af its obi i thehumanservice related >< needs of:the community. Needs are assessed through a variety..sources including: €::? ::: • not limited to the..ol'I win :.t? inf :r i n.;.. ry ...fr :>:<::: <'; `;. : o• mat•u p v coded om quarterly•reports : k #ed.*1 agent es. ii3i # :> :: ..providin se.rvices'to the City.. 9. • information and reports from'the Etlen l�ralrfe;CorrErnur�lfiy Resource • ta . reports from the Eden Prl irie'Community Resource CenterAAdvisory•Court`;:::::_:;:::::::< • r. fr mn n. h r:: n i in I in ERP reports.o data o a. ct e. a e c es cud �H.. At ::: review'of all hum ns rvl r l ted i iti fun ecl:.b the Ci .'arid:;": i inist ct`< a e cet a a. ect v es. d... .:. y . :,::.:.y ;:g...ii ;.:::::.:::..::;:; :.;:.;:.::.:.:.::;.::: b vat ous•Cityde ar r: Y l� trrt nts r uvor s. e Page 5 r ..:. : .. ..:::.::::.::... . . ...:. ..... ::.::::.::.::.:..:..:::.::.: . .. .......:.:::..: .: • ' a ::Set:::Fu.ndi. Priontres::-...:: .a h . ar.the:.Beard:requests ro::awls fri rn::hum n:service a eneies able to ovideservices according to the needs and:priorities;:established k Ohre Board through::the;:above':stated needs assessment::process In setting:t a fun::.;,n : :::.;: ;..;::; ::ri:orities each:', ear . the• 'Board .also rev:ieiris::.all' hnman service: related activities v . Citythrough:various de artment De pa ent stafF rovides ;.:>currently pro ;Iayt a t roug r p;.:>. p ;':.;:: �' :; .. >updates to the Board:;:on;use of •these programs:;and;;activities which helps.:: ve them :; an;overall view:of how'they`al I relate, Qr it there'is d uplicatior between programs : .;Recommend`Fundin .:-the Board reviews ail proposals ter human;services submi:tted:.:;;;:: oy'''.various•human service providers 'and measure there :against.the; a teria and ..:-.......priorities included:i•n.the Re. uest':F:or;Pro osalpackets The Board:isprovided:+ ithi q p ..:...... ... c€ :ies;of all :ro visals received`arid:wi il•:individually;review:each'.:proposal,accordln :: P. P P to the described;criteria. The Board will meet:.ard discuss the proposals; and:make recommendations•to the Eden I rairie'Cit ...ou.ncii;:!:Final:f ndi determinations will:,:;; be based!:;ripen eva• luation of the information furnished.::.:'. . G Council . The Eden Prairie:: it,.;:Co;ucil::>will consider the fu rdin' recommenda d tions of:the::H `HS13' an ..wili::take finaltion.'in'i ecember:ef each year. EK". la ion:CCiteIg::. .':::';:,;: . :.::• . . .... The wvrksheet used b the Beard to evaluatethe ro 'sals.is'attd • .:;:;.:: .. Page 6 ChecKlis ecn1. nt Specificat ❑ A. overview .:..:•::::.:::::::.:•::.::..::::: . :.:.:::: .•% •..:.. .:...:::::::: ❑ El. Pri riServices Areas e ` eri Service Criteria Section I1. Application Process :::: .<:.' '�'��� ::>::::>.>:: :>:' : : `' > >' : > > '` '. ❑ A. - Submission Procedures Format ::::. ::::>::::::>::::>::::>:.> ><:::::::::<: : ...;:. o Project TimLine. B. eat e ❑ . - r ry men i P� me t a � ces Y � Section 11�. • Application Content `` . . . PA v El A. e�� er Pa © -B, Pr u mb .alf:::a fi�cat : cgram m ary (completed ...:..::. pp:.:>::::::.::.:::..:. ..::,::.::..:::.::.... .:>:::.::::.:>:::... ..:. • ❑ sum me o ..0 Need .VTaor9rketPPfcn ulaticn c 13 ervi a4sts El Outcomes El Fa cilities o C. - Program Narrative (complete+d b� nevi applicants + n.13• :::::»>: .:::': 0 Section IV. - General :::: ... .................................. ... . ... . . ............ .. o - A. Proposal©saf Conditions B. f�Review Process Pr- �lu t r Criteria lU RFP EVALUATION WORKSHEET Agency Name: Reviewer Total Request: $ MAXIMUM POINTS CRITERIA POINTS AWARDED COMMENTS SERVI E:SUM Y Goals are clear,consistent, and 5 attainable. Community will clearly benefit from the 5 proposed service. Need for service was clearly established. 5 Service addresses a Priority Service Area. 5 Service is fully accessible. 5 TARGET POPU ATION Target population clearly defined. 5 Admissions process clearly described. 5 WORK PLC Work plans well conceived and feasible. 5 SERViICE COSTS Unit of service and cost of service per unit clearly 5 described. Financial Summary completed. 5 STAFF INF£ RMATION Qualifications of staff. 5 Level of related experience. 5 Program evaluation process clearly defined and 5 outcome-based. TOTAL POSSIBLE POINTS 65 Point Scale 1 = Low 5=High /5 HOUSING, TRANSPORTATION & HUMAN SERVICES BOARD Charter/Mission Statement: The Housing, Transportation and Human Services Board is established for the purpose of integrating housing, transportation and human service planning efforts and resources to ensure that citizen needs are understood, considered and appropriately provided for. It also will advise and recommend to the City Council, policies, short and long-range strategies, programs, and appropriate actions relating to housing, transportation, and human services needs and issues. Responsibilities/Operating Guidelines: • Advise the City Council on policy matters regarding housing for lower income, elderly, and special needs populations. • Identify unmet needs in community in the area of housing, transportation, and human services, and initiate efforts to address these needs through coordination of existing resources. • When necessary, develop programs for City Council considerations that help meet special needs in the community that are not being addressed through other resources. • Integrate into the planning review process for special projects, such as housing for low and moderate incomes, elderly, and special needs populations (Alzheimer, Developmentally Disabled, etc.), consideration for transportation and human service needs. • Ensure that human service needs and delivery systems are considered in the planning for future land uses, zoning changes and HUD projects. • Maximize the use of community resources, including City funding through Community Development Block Grants (CDBG), Tax Increment Financing (TIF), lawful gambling proceeds (if available), and citizen volunteerism, to help meet housing, transportation, and human service needs within the Community. Minimize the role of the City as a direct funder of services. • Annually review funding requests from human service providers (contracted services) and provide funding recommendations to the City Council. Provide ongoing evaluation of services provided to the community by human service organizations to ensure appropriateness and cost effectiveness. Justify and recommend funding levels to the Council based on identified need, value, and benefit to the City. • Annually review all other human service related programs and activities funded by the City. Act in an advisory capacity in reviewing all City funded human services to help ensure absence of overlaps and voids in services and to monitor short and long term trends. • For contracted services, utilize the existing year's total human service funding level, plus an inflation factor, as a general guideline in establishing funding levels for the upcoming year (in the absence of City Council direction otherwise). • Special and unique human service needs, programs, or activities not currently funded, but identified by the Board or outside agencies, will be considered for funding based on careful screening of genuine need and benefit to the city. ! i, • Identify and utilize existing Federal, State, County, and private resources to meet recognized and quantified human service needs (partner with when appropriate). Membership: Seven members The City Council will provide membership through three appointees to City Commissions, one Senior Center Advisory Board member and the appointment of three Citizens-at-Large. Each Commission at the first meeting in February will develop a candidate slate of 2-3 members willing to serve on the HTSSB and forward it to the City Council for final selection in March. A representative may secure a maximum of three (3)consecutive terms. Citizens-at-Large will be appointed by the City Council on the basis of their knowledge and experience in a human services, transportation, and housing field to three (3) year terms commencing in April. 1 Senior Center Advisory Board member 1 Parks and Recreation Commission member 1 Planning Commission member 1 Human Rights & Diversity Commission member _a Citizens-At-Large (1-Human Service Field, 1-Transportation Field, 1-Housing Field) 7 Total members Staff Liaison: Housing and Redevelopment Authority Manager Meeting Time and Frequency: 7:00 p.m., first Thursday of each month, third Thursday optional. CITY COUNCIL AGENDA DATE: December 16, 1997 SECTION: Reports of Boards and Commissions DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Restoration of the Riley- .�Q Chris Enger/John Gertz Jacques Farm Granary Requested Council Action: City staff recommends the City Council authorize funding of $17,900 for the restoration of the Riley-Jacques farm granary. Total cost of the restoration is $22,900; however, Elaine Jacques contributed $5,000 toward the restoration in December 1996. To complete the restoration, staff recommends use of all available funds from 828-4383 with the remainder taken from 09085. Funds available in 828-4383 were to be used for the restoration of the west side porch at the Cummins-Grill House. The contractor selected to do the work is no longer able to do the job due to severe medical problems. The second bidder on the project is not available until the summer of 1998. The Heritage Preservation Commission will review this request at their regularly scheduled meeting Monday, December 15. If they do not concur with this request on the use of funds to restore the granary, this request will be withdrawn from the Council agenda. Total Cost of Restoration $22,900.00 Funding Source/Program Amount Elaine Jacques Donation $ 5,000.00 828-4383 Historic Preservation $ 4,270.00 Contracted Building Repairs 09085 History book sales/donations $20,020.00 General Fund Background: Elaine Jacques made a generous contribution to the City in 1996, asking that her donation be used toward restoration of the granary. She also requested that the City contribute additional funding, if needed, to complete the project. City staff inspected the granary on July 10 to determine the extent of work required to restore the building. Kevin Schmieg, Director of Inspections, examined the building with the Historic Preservation Specialist and noted the following: - middle section (original granary building) is in good condition. Improvement to existing post and beam supports should be made inside main level. South door and steps need repair. - North and South gable windows need to be replaced. - Clapboard siding needs replacement where missing. - Tongue and groove floor boards need to be replaced where missing. - Foundation piers (caisson) are in good condition under granary. Piers under east side corn crib have tilted and require repair. - Concrete foundation wall under west side shed wall is severely deteriorated and needs replacement. Provide new footing. - East side corn crib addition is in good condition. Some replacement of material will be needed on crib enclosure. South side board and batten door needs reconstruction. Door does not function, so will require repairs to track and trucks to make operable. North side door same. - West side shed addition is in poor condition. West wall wooden sill, studs, top plate and roof rafters need significant replacement. North and South side board and batten sliding doors need repair. Neither door is operational without repairs to track and truck hardware. - Roof repair and replacement is needed. A new wood shingle roof is recommended after repair or replacement of roof structure. - Old electrical service to building needs to be updated. - Entire building needs to be primed and painted. 2 2 Based on the above items, City staff contacted several contractors to obtain estimates on the restoration. The scope of work included the requirement that all work performed on the granary conform to the Secretary of the Interior's Standards for Rehabilitation (for historic buildings). This would require the contractor to replace only those features that cannot be repaired; replace existing materials with historically appropriate material where needed; retain original designs and construction methods; etc. Very few contractors specialize in this type of work. Those that do not were not willing to attempt it. Two contractors experienced with historic building restoration expressed interest. However, one, Boyer-Pach Construction, Inc., was too busy to bid on the granary and will remain busy until the summer of 1998. The second contractor, Tom Diethelm, submitted the estimate for$22,900. Mr. Diethelm's estimate includes using sawn lumber to replace existing sawn lumber in the granary, replacement of board and batten material using salvaged batten strips from the City-owned Darril Peterson barn, foundation reconstruction, pier repair to original wood keg caisson, wood shingle roof, and other necessary repairs. The estimate does not include electrical upgrades or painting. Conclusion: Staff recommends the City accept the estimate submitted by Tom Diethelm. He is one of a few local contractors experienced in farm building restoration. Moreover, Mr. Diethelm was hired by the City in 1990 to restore the large barn on the Riley-Jacques farm. That project was done in a craftsman like manner and involved similar repairs to those needed on the granary. G:\BARBWOHN\MEMOS\REQUESTS.W PD 3 ,42 J C ci 1'S fon44 HISTORIC SITE INSPECTION 1'r 1 0 " 7 i t,erty Name for Date 9/ID g1. t -4,Ke. 0 Aci CYCLICAL MAINTENANCE C Property Address Inspected by Feature: �. Il 7 re./ 'Roo-Pi !A 1 Comments: / Approximate date of feature: t/1 Major/Minor work: /� 4- ..4- s I ,iR, t es S ,v y! o E t Describe existing feature and condition: jT 3p ff to-teal 4viel- r-eetx[rci 4v ,44, Ap 111C4-- s 4 ;t i V fooci41 , tvot d s 4 4 g Les . c we .7L- Gc ori5;, ww.t. • GA. L Li- ciAt&w► 1e?5 • 16°O'f 0.Dt4J:4►0m • rick,e ►end 64,4L ¢vtdC,Aps *re ALSO Y-e Jed. Photo No.: Drawing No.: Priority: , Approximate Cost Feature: -r���1 Comments: Approximate date of feature: h . Gam.. . Major/Minor work Cx , -I t. 0 f r N or Describe existing feature and condition: (iTbto ep, t w hdaWs Z( ) Ave- (e orcr (v -P7-1'd SA54 lA, 55 :1^-4) • wvo ode vt w i r cis vF5. 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CITY COUNCIL AGENDA DATE: SECTION: Report of City Manger December 16, 1997 DEPARTMENT: ITEM DESCRIPTION: Resolution Adopting ITEM N9 Administration the 1998 Tax Levy and the 1998 Budget I Requested Action: Staff recommends that the City Council adopt the 1998 tax levy and approve the 1998 budget for general fund operations, equipment revolving fund expenses, and debt service obilagations. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION CERTIFYING THE 1997 TAX LEVY, COLLECTIBLE IN 1998, AND ADOPTING THE 1998 GENERAL FUND BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 1998 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City the following purposes: Taxes to be levied against tax capacity General Fund $16,274,034 Equipment Revolving Fund 549,400 Bonds and Interest 1995 Building Refunding Bonds 245,500 Equipment Certificates 489,000 1995 Improvement Refunding Bonds 500,000 1997A Improvement Refunding Bond 623.750 $18,651,684 Less HACA 646.200 Net tax capacity levy for certification $18.035.484 Less Fiscal Disparities distribution 764.992 Net tax collectible in 1998 $17,270,492 Taxes to be levied against market value 1992 & 1993 Park Bonds $ 442,000 1994 Open Space Bonds 166.000 Market value tax levy for certification $ 608.00Q Total net tax collectible in 1998 $17,878,492 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 1). Resolution Certifying 1997 Tax Levy, Collectible in 1998, and Adopting the 1998 General Fund Budget BE IT FURTHER RESOLVED that the City Council declare its compliance with the "Truth-in- Taxation" requirements, having published a notice of Proposed Property Tax and Budget Hearing in the Eden Prairie News on December 4, 1997 and conducting the hearing on December 10, 1997. BE IT YET FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 1998 Budget for the General Fund and Debt Service Obligations totaling $25,353,990. Adopted by the City Council December 16, 1997. Jean L. Harris, Mayor Attest: John D. Frane, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 1997,COLLECTED YEAR 1998 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount Required Levy Actual Levy* OUTSTANDING DEBT WITH REQUIRED LEVY Issue of Issue 1997/1998 1997/1998 G.O.Equipment Certificates 1994B 08/01/94 $1,200,000 339,950 $339,000 G.O.Equipment Certificates 1998(Not yet issued) $150,000 $150,000 $150,000 G.O.Park Bonds 1992A 07/01/92 $1,100,000 $98,108 $105,000 G.O.Park Bonds 1993A 05/01/93 $3,400,000 $333,255 $337,000 G.O. Open Space Bonds 1994A 08/01/94 $1,950,000 $154,458 $166,000 G.O.Building Refunding Bonds 1995 06/01/95 $1,680,000 $194,449 $245,500 G.O.Water and Sewer 1977 09/20/77 $1,400,000 $115,775 $0 G.O. Water&Sewer Refunding Bonds 1978 03/01/78 $6,150,000 $806,188 $0 G.O.Improvement Bonds 1991B 09/01/91 $6,050,000 $645,738 $0 G.O.Improvement Refunding Bonds 1991D 10/01/91 $7,235,000 $757,910 $0 G.O.Improvement Refunding Bonds 1997A 06/01/97 $3,100,000 $623,750 G.O.Improvement Refunding Bonds 1997B 06/01/97 $2,845,000 $167,385 $0 G.O.Improvement Refunding Bonds 1995 06/01/95 $3,255,000 $500,000 OUTSTANDING DEBT WITH NO REQUIRED LEVY H.R.A.Lease Revenue Bonds 1992A 08/01/92 $2,640,000 H.R.A.Lease Revenue Bonds 1993B 12/01/92 $9,760,000 H.R.A.Taxable Lease Revenue Bonds 1993C 12/01/92 $2,355,000 H.R.A.Lease Revenue Bonds 1993A 05/01/93 $1,415,000 G.O.Water Revenue Bonds 1986 12/01/86 $1,700,000 G.O. Water and Sewer Refunding 1991C 09/01/91 $9,500,000 G.O. Water and Sewer Revenue Refunding 1991F 10/01/91 $3,125,000 G.O.Water and Sewer Refunding Bonds 1993C 05/01/93 $6,735,000 G.O.Improvement Refunding Bonds 1978 03/01/78 $5,090,000 G.O.Improvement Bonds 1978 12/01/78 $500,000 G.O.Improvement Bonds 1988A 12/01/88 $9,800,000 G.O. State Aid Road Refunding Bonds 1991E 10/01/91 $420,000 G.O. State Aid Road Bonds 1992B 07/01/92 $1,940,000 G.O.Improvement Bonds 1993B 05/01/93 $2,695,000 GRAND TOTAL $3,763,216 $2,466,250 * subject to reduction by HACA and Fiscal Disparities,except 1992, 1993 & 1994 Park Bonds CITY COUNCIL AGENDA DATE: SECTION: Report of City Manger December 16, 1997 DEPARTMENT: ITEM DESCRIPTION: Resolution Adopting ITEM O. Administration the 1998 Local Transit Services Tax Levy 2- Requested Action: Staff recommends the City Council approve the 1998 Local Transit Services tax levy. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION CERTIFYING THE 1997 LOCAL TRANSIT SERVICES TAX LEVY, COLLECTIBLE IN 1998 WHEREAS, the City Council has listened to public comment, and discussed the proposals and tax levy for the 1998 Local Transit Services Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sum of money be levied upon the taxable property in said City for Local Transit Services: Local Transit Services $ 2,624,824 Less HACA 454.978 Net tax capacity levy for certification $2,169.846 Less Fiscal Disparities distribution 91,333 Net tax collectible in 1998 $2,078,513 Adopted by the City Council December 16, 1997. Jean L. Harris, Mayor Attest: John D. Frane, City Clerk CITY COUNCIL AGENDA Date: Dec. 16, 1997 Section: Director of Parks, Recreation and Natural Resources Department: PRNR t. Subject: Proposed Cash Park Fees for 1998 Item No.:)--e-f c Robert A. Lambert, Director -- 1, RECOMMENDATION: The City staff recommends the park dedication fee for residential development be increased from $1,400 per unit to $1,650 per unit and the fee for commercial/office/industrial development be increased from$4,500 per acre to $5,000 per acre. RATIONALE: Attached to this memorandum is a survey of park dedication fees from a number of metropolitan communities listing 1997 fees. The city has the right to take 10% of land in lieu of park fees or to charge the developer 10%of the raw land value for purpose of developing park and recreation facilities necessary to serve the residents within the development. Raw land values for residential development in Eden Prairie in 1997 ranged from approximately $50,000 per acre to $90,000 per acre for single family residential land, and from approximately $90,000 per acre and up for multi family residential property. Raw land values for commercial/office/industrial ranged from approximately $100,000 per acre to over $350,000 per acre, depending on the location. The existing fee of$1,400 per acre is far less than 10% of the fair market value for undeveloped residential property and, in fact, equates to a land value of approximately$35,000 per acre. (Low density residential land at 2%z units per acre equals $1,400 x 2.5 = $3,500, which is 10% of the $35,000 per acre cost.) A fee of$1,650 per acre would be based on a raw land value of$41,250 per acre for subdivisions that are developing at 2.5 units per acre. For subdivisions developing at three units per acre,the raw land value would equate to $49,500 per acre. The City's fee for conunercial/office/industrial development has been$4,500 per acre for two years. Although, this is one of the higher fees that is being charged to date, it is far less than 10% of the actual value of commercial/office/industrial property,which normally sells from$2.50 per square foot up to$10 per square foot. Ten percent of the value of land selling for$2.50 per square foot would 1 I be a fee of$8,712 per acre. A $5,000 per acre fee, based on 10% of the value would equate to charging 10% on land valued at $50,000 per acre. BLOOMINGTON MODEL: Earlier this year, the City of Bloomington decided to reevaluate the park dedication fees for their community based on findings of the "Doland Case", a supreme court decision that required cities provide a direct relationship between the fee charged the developer and the use of the park system by that development or similar developments. The city tracked the number of city residents versus employees who worked in the city that utilized city programs and facilities. The community determined that approximately 90% of the park system users were residents and 10%were employees who work in the City of Bloomington. The city then appraised the current value of the park system at approximately$130,000,000. This included the cost to acquire and develop the park system. They then divided 90% of the $130,000,000 value by the number of residents and determined that the cost per resident was $1,346. They also divided 10% of the cost of the$130,000,000 system by the number of employees within the City of Bloomington and determined the cost per employee and then used US Census figures to determine the average number of employees per 1,000 square feet of office use, industrial use or commercial use and developed a cost per 1,000 square feet for that type of use. The cost ranges from$283 per 1,000 square feet for industrial use to $425 per square foot for commercial use, depending on the number of employees the type of use will generate. Bloomington also went to the US Census Bureau to obtain averages for the number of residents in single family homes in Bloomington(2.9)to determine the fee for single family residential. That fee ($1,346 x 2.9 people = $3,900 per unit). That fee exceeded the 10% of raw land value, which sets the upper limit for their fee structure. 1997 PARK DEDICATION SURVEY: Attached to this memorandum is a 1997 park dedication survey,which depicts fees of 46 communities from around the state. Although, the City of Eden Prairie could obviously justify higher fees, the city must also take into consideration the desire to remain a competitive place for developers to build. For that reason, staff recommends establishing fees that are on a low end of the estimate for land values when determining a formula for establishing fees for 1998. BL:mdd cashfees/Bob97 2 1- Unapproved Minutes pp u es Parks,Recreation and Natural Resources Monday,December 1, 1997 less than 30 days of the scheduled event. He suggested adding... except for the Council Chambers. He also noted on page 9, first paragraph, the last sentence should read... The City will be paid for any costs incurred due to damages or additional cleaning. Jacobson was concerned that the ice arena and the swimming pool rates were not the ones the Commission recommended. Lambert explained why it was put back to the original recommendation. MOTION: Corneille moved, seconded by Koenig, to approve the Policies and Procedures for Community Use of City Facilities document dated November 25, 1997. Motion carried 4-0. B. Community Center HVAC Project Bid Lambert reported the City took bids last week for the HVAC system. The cost estimate was$275,000 for the HVAC portion of the project. The four bids received were Alta Mechanical Contractors, $283,500; Master Mechanical, $223,400;New Mechanical Companies, Inc., $208,600; and SBS Mechanical, $203,500. Staff recommended accepting the bid from SBS Mechanical for$203,900. He noted this will come out of cash park fees and the City Council has indicated they intend to reimburse the cash park fees with this amount. Hilgeman was concerned they always accept the lowest bidder and there always seems to be major problems. She asked if it was a law that they have to accept the lowest bid. Lambert replied it is a law unless they can prove there are legal reasons why they should not such as complaints from the Better Business Bureau. MOTION: Hilgeman moved, seconded by Corneille, to approve the bid for the HVAC system of the Community Center Pool from SBS Mechanical at $203,900 with the comment this will be paid for out of cash park fees but will be reimbursed through the City General Fund. Motion carried 4-0. VII. NEW BUSINESS A. Park Dedication Fees for 1998 Staff referred the Commission to a memo dated November 17, 1997 from Bob Lambert, Director of Parks, Recreation and Natural Resources. 6 1 Unapproved Minutes Parks, Recreation and Natural Resources Monday,December 1, 1997 Lambert indicated staff has recommended a rather significant increase for cash park fees for 1998. The recommended increase was from$1,400 per unit to $1,650 per unit for residential development, and from $4,500 per acre to $5,000 per acre for commercial/office/industrial development. He explained the rationale for the increase noting the major reason is the cash park fees are lagging behind the actual value of land in Eden Prairie. This will be done over a couple of years until the City catches up. MOTION: Jacobson moved, seconded by Hilgeman, to approve staffs recommendations for the increase of cash park fees for 1998 as stated in the memo. Motion carried 4-0. B. Rice Marsh Lake Neighborhood Park Playground • Staff referred the Commission to a City Council agenda item dated December 2, 1997 from Robert A. Lambert, Director of Parks,Recreation and Natural Resources. Lambert indicated this project has been in the Capital Improvement Plan for the last three years and this is the final year. The last thing to put in is the playground. Staff requested approval to proceed with obtaining bids for construction of the playground for$50,000. Staff will follow the same process as they did with the Pheasant Woods playground and the Homeward Hills playground. MOTION: Hilgeman moved, seconded by Koenig,to continue with the Rice Marsh Lake Neighborhood Park per the request of December 2, 1997. Motion carried 4-0. VIII. REPORTS OF COMMISSIONERS AND STAFF A. Survey of City Boards and Commissions on Diversity Training Staff indicated this was an FYI item. B. Reports of Gypsy Moth By US Department of Agriculture Staff indicated this was an FYI item. IX. ADJOURNMENT MOTION: Hilgeman moved, seconded by Corneille, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:35 p.m. 7 CITY COUNCIL AGENDA Date: Dec. 16, 1997 Section: Parks, Recreation and Natural Resources Department: PRNR I - Subject: Miller Spring Revised Plan Item No.: (T C Robert A. Lambert, Director RECOMMENDATION: City staff recommends that the City Council approve the revised concept plan for improvements to the Frederic-Miller Spring. The revised concept has eliminated the gazebo and added a signage kiosk to be located adjacent to the starting point for the trail that will eventually provide access to the Prairie Bluff Conservation Area. Staff further recommends authorizing staff and the HPC work with a landscape architect to develop a site plan that addresses the HPC concerns; and furthermore to contract for the archeological services recommended by the HPC. City staff will provide more detailed plans for the signage kiosk and the specific site plan and landscape prior to proceeding with the project. CONSIDERATIONS: Barr Engineering has reduced the cost estimate of the project from$49,000 to $38,755. The plan would raise the elevation of the existing parking lot by approximately two feet, install a drainage system under the parking lot, and extend the water fountain to the east side of the parking lot adjacent to the creek. There would be parking for five or six cars, as well as a fieldstone retaining wall on either side of the fountain. The Watershed District has approved the concept of a joint project with the City of Eden Prairie for this improvement;therefore, the cost to the City would be approximately 50% of the project. The City could reduce the cash contribution by committing to completing some of the project with City staff, such as hauling fill, paving the parking lot, etc. Staff would recommend bidding the entire project and requesting alternate bids for portions of the project the City may be able to do, depending on the schedule of the Public Works Department next spring. Staff would recommend funding the City's portion of the project from cash park fees. BL:mdd Miller.memoBob97 1 1 N Illik • O F- o_ 0 z . 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C 6" PE OUTLET TO CREEK 0 2 4 0 SCALE IN FEET N n N oqN 2 CONCEPTUAL SPRING OUTLET 9 Mn I FR CPRINC; IMPRnVFMFNT PRf,IFCT ,EP 24 ' 97 8:34 FR BARR ENGINEERING 612 832 2601 TO 99498390 P . 02/02 �iii,r o4 - C - Miller Spring Improvements September 11.1997 ITEM QUANTITY UNIT PRICE EXTENSION P//ckr NM Silt Fence 240 L.F. $3.00 $720.00 Bituminous Removal 275 S.Y. $2.50 $687.50 Common Fill 570 C.Y. $5.00 $2,850.00 Pipe for Spring 40 LF. $20.00 $800.00 4" Drain Tile 140 L.F. $10_00 $1,400.00 Catch Basin 1 EA $1,200.00 $1,200.00 12-inch RCP 25 L_F_ $30.00 $750.00 Fieldstone Riprap Outlet with Filter Fabric 1 LS. $350.00 $350.00 Bituminous Roadway with Class 5 Base 635 S.Y. $20.00 $12,700.00 Concrete Curb 190 L.F. $15.00 $2,850.00 Fieldstone Retaining Wall 1 L.S_ $9,000.00 $9,000.00 35ac Topsoil and Seeding 450 S.Y. $2.00 $900.00 CONSTRUCTION COST $34,207.50 Zip,7o7so +35%Administration, Engineering and Contingencies $11,972.63 10j{ j4,? TOTAL $46,180.13 `�l w,7 .!3 • ,,},,r° ** TOTAL PAGE . 002 ** 0 Memorandum To: Bob Lambert, Director of Parks Recreation and Natural Resources Through: Chris Enger, Assistant City Manager From: John Gertz, Historic Preservation Specialises Date: November 25, 1997 Subject: HPC Review and Comments on Miller Spring Revised Plan The Heritage Preservation Commission reviewed the revised plan for Miller Spring at their November 17 meeting. Overall, they were very pleased with the plan and felt it was an improvement. The commission's comments are as follows: 1. It is important to retain the Spring's natural sense of place. The Commission has recommended use of native plants and grasses over annual plants or formal flower beds. This is essential to maintaining the spring's historical feel. 2. The fieldstone retaining wall met their approval for material, but they felt the wall's design was too symmetrical and loses the spring's historical, undesigned appearance. They recommend changing the wall/spring layout to make it look less like a modern wayside. 3. The commission would like time to pursue completing a site plan incorporating the Barr Engineering plan with more details on landscaping, plant schedule,trails, kiosk, signage,picnic tables and benches. This would help them understand more clearly the changes to existing conditions and views. 4. Investigation for archaeological features is recommended. Miller Spring has been in continuous use for over one hundred years--probably longer-- and is likely to have archaeological significance. Before any improvements to the site are made, a professional archaeologist should complete an investigation limited to the area of potential effect. 5. Miller Spring is a designated Heritage Site, and this project is considered major work, which requires HPC review and City Council approval of a Heritage Preservation Site Alteration permit. The Heritage Preservation Commission would lie to work with you on having a site plan developed for the improvements at Miller Spring. I would like to discuss this with you and let the HPC know what we can do as soon as possible. Attachment barb\john\memos\millersp.rev 2 City of Eden Prairie Heritage Preservation Site Alteration Permit Application • City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Telephone: 949-8485 Fax: 949-8392 Review of Permits Pursuant to the requirements of City Code Chapter 11, Section 11.03, a Heritage Preservation Site Alteration Peiu,it is required to do any of the following in, on, or to a Heritage Preservation Site in the City 1. Remodel, alter,repair in any kind or manner, including a change of color, that will alter the exterior appearance of a historic building site or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures required to be demolished in accordance with Minnesota Statutes, Chapter 463. • 6. Alter or remove a land form in whole or in part. The application for a Site Alteration Permit shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. Applications are reviewed b the Heritage Preservation Commission. The Council shall make the determination whether to approve or disapprove the permit. The following General Standards for Historic Preservation Projects issued by the Secretary of the Interior shall be used to evaluate applications of Site Alteration Permits: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or characters of a building,structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive features should be avoided when possible. 3. All buildings, structures, and sites shall be recogni7ed as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 2 9 5. Distinctive architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color,texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic,physical, or pictorial evidence rather than on conjectural designs or on the availability of different architectural elements from other buildings or structures. 6. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. • 7. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, stabilization,preservation, rehabilitation,restoration or reconstruction project. The Commission and the Council shall also consider, when appropriate, the Secretary of the Interior's Specific Standards for Preservation Projects. Heritage Site Alteration Permits may be approved by the City Historic Preservation Specialist for minor work or in cases where the proposed project will have no adverse effect on a designated heritage site. Minor work shall include work such as reroofing, especially with original materials; porches;fences;retaining walls;landscaping; exterior cleaning;refinishing and tuck-pointing; window, siding, trim, and/or door replacement;installation or removal of window or door openings; chimney reconstruction; signs of less than 32 square feet of gross surface display area; awnings;parking lot and/or dumpster screening;and similar minor work approved by the Heritage Preservation Commission. Findings and Public Hearing The Council shall make findings as to whether a Site Alteration Permit application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in City Code. • Prior to the Council making its decision regarding an application for a Site.Alteration Permit for a Heritage Preservation Site, the Council shall hold a public hearing on the application. Prior to such hearing,the Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property for which a Heritage Preservation Site Alteration Permit application has been submitted and to all property owners within three hundred fifty(350) feet of such property. If you have any questions about the Heritage Preservation Commission's review process,please contact the Community Development Department at 949-8485. 3 1Q Permit# City of Eden Prairie Application for Heritage Preservation Site Alteration Permit Name of Historic Property: I. Applicant Name: Address: Phone: Property Owner Name: Address: Phone: Contractor/Architect Performing Work Name: Address: Phone: II. Project Description Briefly describe the changes to be made: III. Materials to be included with Application: A. Two full size copies of detailed plans including a site plan, building elevations and design details. B. Written project scope of work. C. Copies of all applicable permits from other permitting authorities,i.e.,Building, State Archaeologist, etc. Permit Application received: Type of Work(Minor/Major): Permit fee amount: This permit is hearby approved by the City of Eden Prairie on subject to the conditions of City Code Chapter 11, Section 11.03 and Special Conditions attached. Any change in the scope of work subsequent to the issuance of the Site Alteration Permit requires issuance of a new Site Alteration Permit for such changes. (Applicant).Signature (City) Signature This permit is permissive only and does not release the Permittee from any liability or obligation imposed by City Code, Minnesota Statute or Federal Law. II 4 CITY COUNCIL AGENDA Date: Dec. 16, 1997 Section: Consent Calendar Department: PRNR ' — Subject: Award Bid for Eden Prairie Community Item No.: X Ji c Robert A. Lambert, Director Center Pool HVAC Project �-- RECOMMENDATION: City staff recommend the Council award the bid for the Eden Prairie Community Center Pool HVAC Replacement to SBS Mechanical, Inc. at a cost not to exceed $203,900. The estimated cost of this project was $275,000. The City received four bids for this Project. The bids were as follows: 1. SBS Mechanical, Inc. $203,900 2. New Mechanical Companies, Inc. $208,600 3. Master Mechanical $223,400 4. Alta Mechanical Contractors $283,500 BACKGROUND: This Project will be completed during April and May in 1998 and does include a $500/day penalty clause if it is not completed by May 31, 1998. The City will be receiving bids on replacing and improving the pool circulation system in January. That Project will also be completed during the April/May shutdown time period. Both projects are to be funded from the cash park fee fund. That fund will be reimbursed from the general fund in the future. BL:mdd AwardHVAC/Bob97 1 INGRAHAM 7373 W. 147th St. Suite 140 • Park Planning &Design 1997 Park Dedication Survey Apple Valley, MN 55124 • Landscape Architecture & VGSS, _INC. . (612)431-4401 • Land Use Planning and Design Contact: Greg Ingraham • Public Communications I Residential Single-F 2x T.H. Multi F j M.H. I Commt)rcial/lnd. Commercial Industrial City Population 1 Dedication $/unit 1 $/unit i $/unit $/unit $/unit Dedication ; $!acre $!acre Trail Fee Satisfied Why not satisfied Albert Lea 18200 11 ac/54 units or value { , I ! 11% land/value 1 n 1 - Alexandria 8300 15%value/land ; I none I I n 1 Apple Valley 42000 110%value/land 2000/ac { 5% land/value 1000 j 1000 ; n 3 too low/legal? Arden Hills 9600 16-10% value/land 6-7% 7% ! 8-10% I 8-10% 10% land/value I ( 1 n 4 trail fee? Austin 22000 'formula .008 ac/unit i . I { none 1 n 4 too low/admin/legal? Becker 1500 110%value/land I I I none ; I n 1 Blaine 42000 15-18% land or$/unit 1 744 , 638 I 552 468 570 3% land/value 2232 I 1956 1 n 2 . Bloomington - 86912 110% land or$/person { 3000 2700 ; 2000 1 1800 I 10% land or$/bldg sq ft 283-425/1000 sq ft 283/1000 sq ft' n 2 Brainerd 13500_10%value/land I i 10% value/area { 1 n j 3 Brooklyn Park 60000 ;$/unit 800 1 800 I 600 600 1 $/acre 2900 I 1800 I n 4 too low Buffalo 9000 $/unit I 800 800 400+200/br 400+200/br none I 1 n ; 3 admin • ICI 1500/ac Chanhassen 19000 10% land or$/unit ; 1200 • 1200 1200 1000 1200 10% land ar.$/acre 4500 4500 I res 333-400/unit 2 Cottage Grove 28500 10% land + 150/unit 1000 750 1 750 I 750 1 750 10% land or 4% value I I n I 1 1 Crystal 23600 1$/unit ; 400 • 400 j 400 { 400 400 $/acre 400 ! 400 1 n 3.5 funfair I I CI 880/ac Eagan 60000 110%value/land I 1042 1030 777 772 7.5% 3200 ! 3200 res 150/unit Eden Prairie 50000 10%value/land 1 1400 1400 I 1400 1400 ! 1400 up to 10% '.and/value j 4500 I 4500 n 2 1 o o I. I Edina 48000 8/o value/land � 8/o value/ end n 2 I � � I I Falcon Heights 5400 I8-10%value/land I { I 10% land/ alue ; { n 3 I Farmington 9000 12.5%value/land I I { 1 5% value/land 500 500 n 3 ;too low Fridley 28000 1$/unit I 1500 750 { 750 750 j 750 $/acre I 1000 1 1000 1 n 4 I Golden Valley ; 21000 110%value/land { 10% land/value { I n 1 I Hastings 17000 110% land or$/unit 850 1 300/br none _ I j I n I 5 too low/no CIS ' Hutchinson 1 13000 I7.5-12% land or$/unit I 215 1 175 I 135 I 135 negotiated I negotiated j none ! n 3 ;too low Inver Grove Hts • 26000 5-30% land or$/unit I 850 • 850 650 I 650 10% land or S/bldg sq ft 1125-175/1000 sq ft 75/1000 sq ft n 4 Itoo low/unfair Lakeville ! 37000 10%value/land I 900 900 900 I 900 ! 900 5% land/value I I res 225/unit 2 too low Little Canada 9500 15%value or 10% land I 625 ; 625 312 312 I 5% value or 10% land I { { n j 4 1 Maple Grove 1 42000 110% land or$/unit I 1060 1060 1060 1060 I 10% land or$/unit 3600 I 2775 I n I 3 Maplewood 35000 $300/person I 1020 864 810 570 i 750 9% land/value I j I n 3 Mounds View 12500 15%/10%value/land I I { i 10% land/value 1 I n 3 New Brighton • 22000 110%value/land 750 I 650 ( 500 I 350 I 500 none j I I n 2 1 Owatonna 20100 'none/negotiated I 1 none ( I n i Pipestone • 4500 15%value/land I I none I n 3 admin Plymouth 60000 10%value/land I 1450 I 1450 I 1450 1450 i 1450 10% land/value 1 4500 I 4500 I n 3 1 unfair/legal? Prior Lake • 13500 10%value/land 1300/ac I +850/SAC +850/SAC; +850/SAC +850/SAC 10% land/value 1300/ac j +850/SAC j +850/SAC 1 n I 3 too low/legal? Ramsey 17000 7-12% land or$/unit ' 650-850 . I I 5% land/value I res 100/unit 1 . Robbinsdale 14400 12 ac/100 units I I I i none I n { 4 Itoo low/admin/legal? Rochester 70000 16-14%value/land I I I I none + ! n 1 4 too low/legal?/no CIS Roseville • 34500 10% of land or set fee 500 1 400 I 400 350 i ,4% land value 1 I .n 1 2 admin S. St. Paul I 20500 none I 1 none I I n i Savage I 15000 110%value/land I 1000 1 1000 850 850 I .7% land/value 4200 i 2800 I n ! 3 Shakopee 14000 $/unit 900 1 750 750 750 I $/acre 4500 4500 n I 3 Spring Lake Pk I 7000 1$/unit 200 I 200 200 200 I _ none I I n 3 too low/unfair St. Cloud I 58500 5-16%value/land I 5% 1 5% 7% 8%-16% I 5% none n I 5 res. too low/unfair/no C/I $ Vadnai's Hts I 12500 9-20%or$500-550/unit 9% 9% 11-13% 15-20% I 9% $/1000 bldg sq. ft. I 365/1000 sq ft 245/1000 n 3 $550 too low White Bear Lake I 25000 $/unit 500 I 500 500 375+75/br I .10% land/value 2500 I 2500/ac n 3 C/I too low Woodbury j 37000 ,10%value/land 1000 i 1000 1000 1000 I 350 10% land/value 2000 I 2000 n 3 too low/unfair i ! I I I 1 1 % = % of undeveloped land value 1 ;Mobile — Acres=Total developable acres I !yes= 1 ! I 1 1 I 1 'Home 1 SAC= Sewer Access Charge Unit I not= 5