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HomeMy WebLinkAboutCity Council - 09/17/1991 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 17, 1991 7:30 PM, EDEN PRAIRIE HIGH SCHOOL AUDITORIUM COUNCILMEMBERS: Mayor Douglas Tenpas,Richard Anderson,Jean Harris, H.Martin Jesse!),and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J.duffle,Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly,Finance Director John D.Frane,Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert,Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD TUESDAY. AUGUST 27. Page 1948 1991 B. CITY COUNCIL MEETING LIEU)TUESDAY.SEPTEMBER 3.1991 Page 1969 HI. SALE OF BONDS A. AWARD SAI,EOF$7..35.000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS (Resolution No.91-214) Page 1969 B. AWARD SALE OF$420.000 GENERAL OBLIGATION STATE-AID ROAD Page 1989 REFUNDING BONDS (Resolution No.91-215) C. AWARD SALE OF S3.130.000 GENERAL OBLIGATION WATER & Page 2008 SEWER REVENUE REFUNDING BONDS (Resolution No.9t-216) City Council Agenda September 17, 1991 Page Two IV. CONSENT CALENDAR A. CLERK'S LICENSE LiST Page 2028 B. SiNGLETREE PLAZA by The Robert Larsen Partners. 2nd Reading of Page 2029 Ordinance No. 16-91, Zoning District Change from Rural to Community Commercial on approximately 19 acres with variances reviewed by the Board of Appeals;Approval of Developer's Agreement;Adoption of Resolution No. 91-162, Authorizing Summary and Ordering Publication of Ordinance No. 16-91;Adoption of Resolution No.91-127,Site Plan Review on approximately 19 acres for construction of 114,000 square feet of commercial uses to be known as Singletree Plaza. Location: South of Singletree Lane, east of Prairie Center Drive, west of Eden Road. (Ordinance No. 16-91 - Zoning District Change;Resolution 91-162- Authorizing Summary and Ordering Publication;Resolution No.91-127-Site Plan Review) C. REOUFST FOR AUTHORIZATION TO BEGIN SELECTION PROCESS Page 2042 FOR ARCHITECTS FOR ADDITION TO COMMUNiTY CENTER D. FINAL PLAT APPROVAL OF TITUS ADDITION(located at the NVV corner Page "1 of West 78th Street and Prairie Center Drive) Resolution No. 91-209 E. FINAL PLAT APPROVAL OF DONNAYS EDENVALE THiRD ADDITION Page 2054 (located north of Lesley Lane and south of Soo Line Railway Resolution No. 91-210 F. AWARD CONTRACT FOR LiME SLUDGE REMOVAL AND DISPOSAL, Page 2056 J.C.52-239 (Resolution No.91-211) G. AUTHORIZE PERMIT APPLICATION FOR CONNECTION TO MWCC Page 2058 SANITARY SEWER FACiLiTIE.S WITHIN BOUiDER POINTE 2ND ADDITION (Resolution No.91-212) H. RESOLUTION AUTHORIZING LAWFUL GAMBLING TAX RECEIPTS Page 2059 TO BE PLACED iN TiHE GENERAL FUND (Resolution No. 91-217) V. PUBLIC HEARINGS A. STARRING HIGHLANDS 2ND ADDITION by Tom Lofquist. Adoption of Resolution No.91-206,Preliminary and Final Plat of one acre into t wo single Page 2060 family lots within the RI-22 Zoning District. Location: north of Ridge Road,west of Staring Lane East. (Resolution No.91-206-Preliminary Plat; Resolution No. 91-209-Final Plat) City Council Agenda September 17, 1991 Page Three B. PRAIRIE COURT AMENDMENT by L. A. Donnay. Request for Zoning District Amendment within the Neighborhood Commercial Zoning District on 3.7 acres;Site Plan Review on 3.7 acres for the addition of a gas pump and canopy facility to the Prairie Court Shopping Center. Location: northeast corner of Wagner Way and County Road #4. (Ordinance 27-91 -Zoning District Amendment) To be continued to October I, 1991 VL PAYMENT OF CLAIMS Page 2066 VII. ORDINANCES&RESOLUTIONS VIIi. PETITIONS.REQUESTS AND COMMUNICATIONS • • A. REOUEST FROM STEVE YERKFS. ET AL.. TO DISCUSS 'THE Page 2067 EXPANSION OF FLYING CLOUD AIRPORT IX. REPORTS OF ADVISORY BOARDS.COMMISSIONS&COMMITTEES X. APPOINTMENTS A. PARKS. RECREATION& NATURAL RESOURCES COMMISSION-1 Appointment to fill an unexpired term to 2/28/92 XI. REPORT OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PUBLIC WORKS XII. OTHER BUSINESS XIII. ADJOURNMENT ^ 2 \ 7A 2z , § \. \ „ 7 \k I . } k �A^^ ( , 7 � � § 7 \iii a : 2 § \. ■ § — )k \k k O . . 2 § £ $ ® 0 i ` § $ 2 t C ' k 4 2 .2 w L o § 2 - 2 fl s Z S 2 1 .2 Jj z i k ■ a & &z . I ( City of Eden Prairie Capital Facilities Improvement Program for the 1990s Assumptions 1. Tax base growth,based on laws in effect for taxes payable in 1991,would be 1.5%/yr. 2. Interest would be 6.9%for"A"rated 20-year securities. 3. Other Revenue Sources: a. City Hall-$1.3 million for Fund Balance b. Parks/Public Works Building-$3.0 million from MnDOT c. Fire Station No. 1 -$1.0 million from MnDOT d. Significant Single-Purpose expenses in 1991 Budget-$800,000/yr by 1995. e. Police Station Expansion&Fire Station No. 1 -financed by internal fund loans. 4. Goal of maintaining tax rate of 3.725%based on tax capacities in effect for taxes payable in 1991. 5. Use of Capital Appreciation Bonds(CABs)per schedule recommended by Springsted, Inc. 6. Establishment of a Capital Facilities Account with$500,000 in 1992. 4 F. c i, 7 u g a : s o E Yi ! k h I n ei a l i e I h $ `= $ a • i „rm, ? n i t i i i “ '� g if e n N g 76 �i n N o e � i6 n _ g � e n e m> la O m u S d �j n 0 m w N p e A 8 pO NN0 e n ti � n5 212Awe 5 am § I p o, o m ';I A S I e I 33 $ % l Ee • ' e A mfOi mNNgaoiznyEga• N N N N !l Pl n e7 N N N N N N N N N LE 2 E $ lg 3 • e o 0 0 0 N -2 .Q 8 • NNN N 12 4• sm n a 6 -.-.-al . a 222822m a a . 2 "m'--N. "NR . R Ce = m o : r •• .• N N N N N N N N Q w a oe o o 'e2o & Se % '9N' a gws". g" 5 c r. ad 1 s a ImEAn % i$ n1E188S '}' p_p . l� „ r _ r •. N 6 O . w 0o eo e o oe ec o E 8 o' $ I oo Pa ee ee 2 t c S • a • Y o o `� o 0 o e o c o e o o o 0 2 ; 1 s $ e _oe � :.� .`vgngPJ :,- Glg3s : III r 2 a g N N n .�i ei ri ri ei vi N ri ri n e. : e = 3 QQ ill o . m S 3 et nd Qo eeo p1 �p 2 Q o $ {p 8 2 0 p g, & 2 p$ 2 p o a ti m C `. N A N N N 8 g N N N N N R E t A E O OI •:AI j. t . n ¢ O i n r s g m 2 2 2 g 2 o g 8 e ^ n r z w P. w ° - 6 a « b Y IEEE e8o g . t. - S y > e a A E 9 ' gq SS SSo o : 6 eE 8 0 M E N � 2 l i O « a y yy o t .n S i m 3 a i ,. R. a « aY go s omm ro1 � o _, m5 . geie 0: i r. o . : o a° S C ! k g e e i c t < : w a :m . x � � _ o 2 Y 2 i L 2 4 ii E $ % W {� Y e C( = o � ; S R ; IfilEgNooS8P140 2 2 V V H v e roo:roots . I aa.s.oslsas ZOOC YZZ Zi9 TF3 fit 0i i8 ±T:99 f SPRINGSTED M PUBLIC FINANCE ADVISORS 500 Elm Grove Road 85 East Seventh Place 135 Nona Pennsy$ean,a Street Suite 101,P.O.Box 37 Suite 100 Swle IS Elm Grove.WI 53122-0037 Saint Paul,MN 55101-2143 Indianapolis.IN 46204.2498 (414)782.8222 (612)223-3000 (3t7)68-6000 Fax:(414)782-2904 Fax:(6121 223.3002 Fax:(31716646004 2739 Second Avenue S.E. 6800 College Boulevard 222 South Ninth Saint Cedar Rapids.IA 52403-1434 Sun('600 Suite 2825 (319)363-222t Overland Pad.KS 86211.1533 Minneappoolis.MN 55402-3368 Fax:(3191363-6999 (913)345-8062 16121 33}9t77 Fax:(913)345.1770 Fax:(6123 333.2363 June 14,1991 • Mr.Carl Jullie,City Manager Eden Prairie City Hall 7600 Executive Drive Eden Prairie,MN 55344 Re: Capital Facilities Funding Program Dear Mr.Jullie: You recently requested that we review and comment on the funding program for capital facilities now under consideration by the City. Our review has encompassed the basic assumptions,the alternative funding methods and the objectives of the funding program. One of the key objectives of the funding program is that all projects be financed within the current property tax rate for debt service,that being 3.725%. Review of Basic Model Assumptions We have reviewed the key assumptions relative to the existing funding program. We have several comments relative to these assumptions. 1, Tax Base Growth. The staff has used a very conservative escalator in the annual increase in the tax base ceiling over the term of this program. The assumption is that the tax base would increase at approximately 1.5% per year, which is substantially below the historical rate. This adds a conservative bias to the forecast of the amount of revenues that would be available given the stipulated tax rate ceiling. 2. Interest Rate on Financing. The staff has used an Interest rate of 6.5%for each of the issues for an"A"-rated 20-year debt service schedule. We believe that this interest rate is lower than current rates and the current rates are presently at a low to moderate position based on historical levels. Therefore, we have increased the interest rate to reflect current market conditions for comparably rated 20-year securities. Interest rates used in this model average approximately 6.9%. 3. Miscellaneous Other Revenue Sources. City staff has examined a variety of other revenue sources which could be used to complement property tax revenues. We have not examined the sources of these revenues other than to review the comments made City of Eden Prairie,Minnesota June 14,1991 Page 2 by the staff. As these revenue sources will be crucial in accomplishing the tax rate objectives,they should be noted throughout this analysis. Financing Options We have discussed with City staff the use of three primary financing options: pay-as-you-go funding,general obligation bonding and lease revenue bonding. Of these three options,the authorization for issuance by referendum Is only required for the general obligation borrowing option. A primary concern relative to the use of lease revenue bonds is that the annual payment t as a speciade of the l Hrvene bondsin otheisdicons wherein the jurisdiction's limitation. EDA issues the lease revenue bonds. As that obligation constitutes debt of another jurisdiction,and is outside of the C'ity's levy limitation,we have advised each of our clients in using this to obtain a letter ruling from the State Department of Revenue relative to the ability to designate these lease payments as special levies. We highly recommend the City proceed with this process as well,if lease revenue financing is determined to be desirable. Financing Structures Of the variety of ways to structure individual financings,we have selected three for examination here. • 1. Traditional serial bonds with level annual debt service 2. Traditional serial bonds with delayed payment of principal 3. Capital appreciation bonds(CABs) The primary objective is to fund all related payments within the available property tax rate. This results in a need to eliminate any cash deficit in the program. Because of the size and timing of the issues, significant debt service payments could be a problem in the initial years of the program if we were to proceed with a traditional even debt service serial bond issue. Therefore, we have examined alternatives to this structure in order to eliminate any potential cash deficits during the initial years of the program. In structuring these Issues we have merged the estimated new debt service with the existing debt service of the City. There is a significant decline in the annual debt service for existing debt in 2002. We have attempted to accommodate this and maintain a level property tax rate for debt service. Serial bonds are traditional municipal bonds wherein bondholders receive interest payments every six months with the City making such payments on a six-month basis. Even annual debt service of serial bonds simply means that each bond issue is structured so that in each year of the program the payments are approximately equal over the term of the bonds. Statutory authority permits the delay of principal in the early years of the bond issue as an optional funding structure. This structure can reduce payments in the early years to potentially interest only with principal delayed until a later point in time. Capital appreciation bonds (CABs) are an optional financing structure. Capital appreciation bonds are similar to deep discount securities or"zeros,"in that the bondholder purchases the bonds at a significant discount and receives no interest payments until the maturity of the issue. For example, a comparable security would be a U.S. government bond whereby the bondholder pays $18 in 1991 and receives $25 in the year 2000 with no interim interest payments. CABs,therefore, permit the potential of eliminating all debt service payments the City of Eden Prairie,Minnesota June 14,1991 Page 3 Initial years of the program and then structuring those future payments around the existing debt service schedule to allow for continuity of tax rates. It should be noted that In comparing CABs with serial bonds,as principal payments are delayed,the total Interest payments are increased. Results of the Analysis We have examined three financing approaches In order to eliminate annual cash deficits. 1. Capital Financing Plan I uses traditional serial bonds with level annual debt service payments. The result is a series of annual deficits beginning in 1993 and continuing to 1997. 2. Capital Financing Plant!uses traditional serial bonds with delayed principal for the first four issues;deficits again occur. 3. Capital Financing Plan Ili uses CASs on the first issue and delayed principal on the next three issues with the result being elimination of the cash deficits. We will be prepared to discuss these options at length at the upcoming workshop. Respectfully submitted, Attie, /sac David N.MacGillivray 'B Senior Vice President mmr UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, August 27, 1991 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, Director of Human Rights & Community Services Natalie Swaggert, Police Chief Jim Clark, City Assessor Steve Sinell, Fire Chief Spencer Conrad, Director of Inspections, Safety & Facilities Kevin Schmieg, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER Mayor Tenpas called the meeting to order. All members were present. I. APPROVAL OF AGENDA City Manager Jullie said the Eden Prairie School Board has asked for a joint meeting with the Council. The consensus was to schedule it for 6:00 PM, September 17th, before the regular City Council Meeting. Pidcock said she wanted to add Item C.1. Discussion regarding the Fee that the City Charges to Hook UP to City Water. Tenpas said he would like to put discussion of the airport item on the agenda as part of the regular meeting on September 17th as an item right after the Consent Calendar. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda $. as published and amended. Motion carried unanimously. c City Council Meeting 2 August 27,1991 II. DISCUSSION ITEMS A. Sinaletree Plaza Pro iPct Jullie said there are two items for discussion under this project--(1) the extension of Columbine Road and (2) the Standstill Agreement. Director of Planning Enger gave an update on the negotiations regarding the extension of Columbine Road. He said the traffic study, City Staff and the proponents have all recommended that the road be in public ownership. He said they have been negotiating with the proponent to try to reach an agreement on what participation the City and the developer would have. He said proponent is looking into the costs of the options for the road. He said they have not completed negotiations as yet, but he believed they are close. Enger said they have spoken with Mr. Doran about the Standstill Agreement. He called attention to the draft agreement from Mark Johnson of Roger Pauly's office and noted that the proponents have some concerns about committing to a Standstill Agreement without a commitment from the City to go forward in the acquisition of property. Tenpas said he would like to have City Attorney Pauly and the proponents' attorney handle this since it is just a draft at this point. Enger said the attorneys are working on the mechanics of the agreement; however, the terms of the agreement need to be defined. Harris said she needed some sense of what the cost is going to be. Pidcock said she would also need to know the costs and asked if anyone has determined if Wal-Mart will fit on the Hwy. 169 site. Tenpas said he thought the City was requesting the Standstill Agreement so that we could investigate what the costs are. Enger said he was prepared to go over the numbers tonight. He said Bud Andrus has found out preliminary numbers from the potential sellers; however, Andrus would need to be authorized by the City to negotiate purchase agreements in order to get more firm numbers. Tenpas said he was not prepared to talk about these numbers as this is the first time he had seen them. He said he would like more time to prepare on this. Pidcock said she thought we could discuss the preliminary numbers and decide whether to go forward or not. Jessen said, while the numbers have been floating about for three or so weeks, the question of the outlot was a new wrinkle in the discussions. He said he was concerned that we City Council Meeting 3 August 27,1991 are being asked to spend considerable sums for the Regional Center Road because he was not convinced that it is needed. Anderson said he was very concerned about the cost issue and the restaurant issue. He said it has never been explained what type of restaurant would be built. Pidcock said she did not want to see a Wal-Mart on Hwy. 169 that was less of a Wal-Mart than the one that was just approved. Kelly Doran, representing the proponent, said they were hoping to get some guidance from the Council so that the Developer's Agreement could be completed. He said the restaurant is an open issue at this point and that, if in the future they want to build one, it would have to come back through the planning process. He said they would prefer to have the Standstill Agreement as part of the Developer's Agreement Tenpas said he would like to see Pauly go forward and work with the Standstill Agreement. Harris said she would concur provided the Council would have the opportunity to review the agreement. Tenpas said any agreement would have to come back to the Council for review. Regarding the numbers issue, Tenpas said he thought it was important to consider the long-term benefit to the community and the long-term issues of spending money on the land. Harris said she concurred and that she thought there were some unanswered questions. The consensus was to not discuss the issue at tonight's meeting. Regarding Columbine Road, Jessen said he didn't have any problem with the site plan and that he would prefer to see the road as a private road or no road at all. He said he thought we would have the opportunity to reserve the right-of-way and invest in the road at a later time. He said he would like to see the plan that Brian Kluts is developing. Tenpas asked if the road would be needed at all if the development goes forward without the Standstill Agreement. Enger said the plan as approved doesn't have Columbine Road as a City street. He said he thought it was important to not just leave the road out. Tenpas asked, if the firm we hired for a traffic study has recommended that this be a Public road, why wouldn't we go with a public road. Enger said we would not if we didn't agree with the conclusions of the Traffic Engineer. Harris noted that we have had four traffic studies in the last five years and they have all concluded that we need Columbine Road. Pidcock said she strongly believes we need an internal road system apart from our major highways. City Council Meeting 4 August 27,1991 Jessen pointed out the summary of the number of trips shows a tolerable number of trips now and that the number of trips will go down when the new highways are built. Enger noted that Columbine Road would provide a good community road for the southwest quadrant like Preserve Boulevard or Valley View in other parts of the City. He said Columbine Road would help provide a better downtown area. Tenpas said he thought we should have the traffic study consultants at the meeting on Tuesday in order to better discuss the Columbine Road issue. Kelly said that if it is not a public road they would like to be able to construct the private road connections differently. Tenpas said he would like input from Staff on that subject. The consensus was that the Planning Staff should be involved in the negotiations with the attorneys. B. Proposed 1992 Tax Levy and Budget (Resolution No. 91-199) Jullie called attention to his memo of August 26th and noted that the proposed expenditures for 1992 represent an increase of a little more than 10% over 1991 expenditures. He noted that figure includes a substantial amount of capital improvement investment which, if deleted, would mean an increase of only 1.6% over 1991. He said the impact on the property tax levy would be 4.3%. He noted that the Council must adopt a proposed tax levy which may not be exceeded by September 3rd. He said the proposed levy is the maximum allowed by law; however, an additional $208,000 could be levied as a result of tax revenue lost through tax court abatements. Jullie then reviewed the highlights of the proposed 1992 program. Harris asked what the General Fund balance was this year. Jullie said it was planned at $1.5 million, but with a combination of substantial revenue enhancements and underspending we were at $3.1 million at the end of last year. Jullie then reviewed a table that showed the estimated impact of the City's proposed property tax levy. The Council then reviewed the proposed budget page by page. Tax Capacities. Tax Levies and Tax Rates Harris asked if we are projecting that there is a real decrease in the valuation of properties. Jullie said there lac City Council Meeting 6 August 27,1991 Jessen asked why investment earnings are projected to be up by 25-30%, but the fund balance is down. Frane said we start the year with a heavy cash balance and decrease it throughout the year. Jessen asked how we get a special assessments revenue to the General Fund. Frane said that money left in the T.I.F. accounts was freed up and became the City's money. Pace 5 - Legislative Program Jessen said there was a significant increase in the League of Cities fees from the the 1991 adjusted budget and the 1992 proposed budget. Jullie said the 1990 census numbers and the A.M.M. as well as the fee structure caused the increase. A discussion followed regarding the advantages of membership in the League. pace 6 - Elections Jessen asked what the capital outlay for equipment was. Frane said that three new precincts are required and must be equipped. Pace 8 - Assessing Harris said she noticed that the projected number of tax court appeals has gone up a lot. Sinnell said that was related to the downturn in the office and apartment property market. page 11 - Facilities Jessen asked what was the capital outlay for building improvements. Schmieg said it is primarily for the Police Station improvements. Page 13 - Park Maintenwnce Jessen asked what the wages contracted (Item 4133) covered. Lambert said that is the only way we can get enough part time employees during certain times of the year when student help is not available. Page 14 - Capital Outlay Parks Jessen asked what the Round Lake Drainage (Item 4520) was. Lambert said there is a drainage problem on the south side of the park building. Jessen asked where the irrigation at Staring Lake would be done. Lambert replied that it will be put in from the building to the play ground area and the amphitheatre. Jessen then asked if all the lights at Round Lake could be replaced for $13,000. Lambert replied that we will replace the fixtures but retain the poles. City Council Meeting 5 August 27,1991 was an increase in market value, but the tax capacity is actually decreased because of formula changes. Jessen asked why HACA appeared as a reduction to tax levy revenue. Jullie said it is coming back again because of the extra half-cent sales tax increase. General Fund Revenues Harris asked what we do with the charitable gambling revenue. Jullie said there is no specific earmarking of those dollars for any particular program. Harris said she thought we had agreed that a part of this revenue would go for Human Services in the City. Jullie said we provide for the Human Rights & Services Commission's recommendations regarding spending, but we do not set aside part of the charitable gambling revenue specifically for that purpose. Anderson noted that at one time the liquor store revenue was supposed to be turned over to Public Safety and Park & Recreation and he wondered if that was still the case. Finance Director Frane said it has been dealt with like the charitable gambling and is considered part of the General Fund. Tenpas asked what we are going to do differently with beach concessions to cause the increase. Frane said this is a timing function. Tenpas said he remembered we talked about contracting this out for a fixed fee. Director of Parks, Recreation & Natural Resources Lambert said they tried four different vendors to see if they would do it, but there wasn't enough revenue to generate any interest in bidding. Jessen said that it would be useful to make the revenue categories match up with the expense categories in the book. Tenpas said he agreed. Jessen asked how the T.I.F. administration is determined. Frane said that is just the amount we have been using. Jullie added that there is a maximum amount that can be used. Tenpas said he would like to see an itemization for the last three years of the actual budget and the amount of money left over at the end of the year. Jullie said that the annual audit report gives some breakdown of that, but they could include such an itemization. Harris asked what the school liaison revenue is. Jullie said the School District funds part of the salary for two police officers. Anderson said that he thought the School District received funds for police liaison work, and that they could pay 100% of the School Liaison officers' salaries according to a new law. City Council Meeting 7 August 27,1991 Page 15 - Rec Admin/Soecial Eventg. Jessen asked why Item 4100 for Personal Services exceeded the multiplier rate. Jullie said this was a reallocation of the time for those employees. Page 16 - Community Center Jessen said he noted a 20% increase in part-time employees and asked if this was caused by some operating plan change. Lambert said most of it is the pool program and ice rink employees. Page 18 - Organized Athletics Pidcock asked what this category is. Lambert said this is for the adult athletic leagues. Pidcock asked how this is different from the other adult programs listed on Page 20. Lambert replied that the items on page 20 are for the senior adult program. page 22 - Historical/Cultural Jessen asked if we are no longer funding Sunbonnet Days or the Fourth of July celebration. Lambert said those events were transferred to the Recreation Supervisor's budget under Special Events. Page 23 - Finance Jessen asked what the partial audit item was for. Frane said that part of the cost of the audit is charged to the General Fund and part to the other funds. pane 25 - Human Resources Jessen asked if the amounts for contractual services were grants to providers and if so, how do we determine who gets them. Swaggert said the Human Rights & Servicees Commission has a funding review process whereby individual organizations requesting funds come forward to demonstrate their ability to perform services. She said the Commission then makes recommendations regarding the funding requests. Jessen asked how the groups are notified of the process. , Swaggert said that, as things come up through the year, we a, make people aware of the process. She said there is a "F contingency fund that makes some additional funds available to . other groups. 1 Tenpas asked which of the organizations listed are exclusive to Eden Prairie. Swaggert said the Eden Prairie Family Center City Council Meeting 8 August 27,1991 and the Eden Prairie Fest are exclusive, and the rest are all south suburban organizations. Tenpas said he would be in favor of giving more money to the Family Center as he thought our dollars are very well spent for that group. Swaggert said that we have in all cases responded to the groups' requests this year, and she was comfortable with the amount allocated to the Family Center. Page 26 - Planning Jessen said he noticed that office equipment was scattered throughout many of the departments. Jullie said it was typically for computer equipment and software upgrades. Page 28 - Civil Defense Jessen asked why the new vehicle setup was not a certificate item. Assistant to the City Manager Dawson said this represents matching of funds available from Hennepin County for Civil Defense purposes. Page 29 - Animal Control Jessen said he noted that this was the only budget with an increase in rates for staff. Accountant Ruth responded that this was only a partial amount for the year. page 30 - Fire Jessen asked if the contribution to the Fire Relief Fund was on a different page. Jullie said that appears on the summary in the front. Page 31 - Engineering Jessen asked about the reduction in the Water Quality Management Plan (Item 4420). Director of Public Works Dietz said there is a plan to work on water quality management that would cost $100,000. He said we can develop a storm water utility with the $30,000 budgeted, and the money generated from that utility would then fund the balance of the plan. Dietz said the storm water utility should be completed by mid- 1992. Jessen asked Dietz to explain what is involved in creating that kind of a utility. Dietz said they would hire a consultant to determine the needs and develop a budget, develop a rate structure that would provide for the budget, conduct a public informational meeting, and then adopt the program. He said it would then become a separate item on the sewer and water bills. ar- City Council Meeting 9 August 27,1991 Page 36 - General Program Pidcock asked if they expected an overage at the end of the year for liability insurance (Item 4360). Ruth said this item is also related to timing, and that there shouldn't be anything left at the end of the year. Pace 40 - Employee Benefits and Training Tenpas asked for an explanation of the wage adjustments (Item 4100). Jullie said this is the lump sum money that would be used to fund salary adjustments for next year. He said the 1991 adjusted budget is low because the 1991 budget had the salary adjustments distributed back into the line items for each program. Jessen asked what percent this is of total payroll. Jullie replied that it is about 6.5%. Tenpas said the program totals on the bottom of the page are hard to compare. Jullie said it is hard to compare and also noted that they don't adjust salaries until January. Tenpas said he would like to see it as part of the department budget. Swaggert said that is hard to do because they have not completed the wage settlement with the union. Tenpas said he would like to see that when it is done. Anderson said he was concerned about the 15.2: increase in health and life insurance and the 47.7% increase in dental insurance. Jullie said there is a two-part approach to dental insurance--the preventive part covered through the medical plan and the restorative plan that is self-insured. He said there were several heavy claims in the self-insured portion last year, and the proposed budget amount will allow us to catch up on some unpaid claims and allow for an aging work force. Anderson asked how the increased benefit costs affect the total package to employees. Swaggert said it is about 37-38% with all the benefits. Anderson asked if it would not be to our benefit to go with the county program, in light of those increases. Swaggert said the county program disappeared two years ago at which time the Logis group joined together; however, we have been able to negotiate better rates on our own than the group rates. She said we will continue to monitor that every year. 4 Pidcock asked if there was a certain magic number that have to be in the pool that gives you the rates. Swaggert said that they take a number of people and look at the experience base for that group. 1 City Council Meeting 10 August 27,1991 Jessen asked how many employees there are. Swaggert said that 215 employees were used to prepare the budget figures, and that 185 were considered to be in the General Fund portion. A discussion followed regarding the dental insurance rates and usage. Pidcock asked why the hepatitis vaccination is not included in the 1992 budget. Swaggert said the 1991 figure was for an up- front cost for a three-part series of vaccinations. Page 41 - Contingency Jessen said he saw no budget item for the Flying Cloud Airport matter. Jullie said there is an unallocated contingency amount of $100,000. Tenpas noted that we are looking at a maximum 10.2% increase or $1.5 million; however, $600,000 of the increase is for equipment certificates for capital expenditures, and $700,000 is being put away to be used as a capital investment reserve for a City Hall or for other projects. He also noted that $100,000 goes for election costs and $135,000 is earmarked for the Firefighters' Relief Fund. Tenpas said he would like to see if the $600,000 for equipment certificates could be reduced somewhat. He said he would also like to see the Council review the capital investment fund to see if that could be used for purposes other than a new City Hall. Jessen noted that we are budgeting $1,275,700 for the capital facilities revolving fund account that will buy down interest rates and provide the cash flow to manage all the capital improvements. He said this sets the stage for systematic investment for capital facilities over a long period of time. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 91-199, Establishing the Proposed 1992 Property Tax Levy and Setting Dates for the Public Hearings on the Proposed 1992 Property Tax Levy and Budget. Motion carried unanimously. Discussion followed regarding whether to approve spending outside the levy limit because of the extra $200,000 from tax court settlements. The consensus was to not approve additional spending beyond the proposed budget. Tenpas said he would like to have a list of everything that was requested tonight in the packet on Friday. City Council Meeting 11 August 27,1991 C. Other 1. Discussion rewarding the fee that the City charges to hook UP to City water ! Pidcock said that someone who wanted to hook up to City water called her to say that Eden Prairie charges $1700 for the hookup while Minnetonka charges $20 for the same service. She wanted to know why we charge so much. Dietz replied that we have an access charge and a fixed amount on the bills each month. He said Minnetonka might do it differently. Tenpas suggested that Pidcock get a copy of the charges and give it to Dietz for resolution. Jessen said that he encountered a special assessment on his property when he went to refinance his mortgage. He asked what the statute of limitations on such assessments is, and said that we should think about this sort of thing in the future. Jullie said there was a Public Hearing in 1988 for the M.R.S. sewer trunk, and we levied special assessments. Tenpas asked why this would not have been done at the time of the project. Jullie said we wanted to avoid this being a surprise for the property owners at some future time. Jessen said that probably a number of them have been prepaid with no benefit to that property owner who paid it. He said it is likely to be ten years after the date of the levy before the project is completed. Tenpas said he thought we should revisit the whole policy. Jessen said he agreed. 7'. Anderson said he wanted to commend Staff for an outstanding job in putting the budget together. JJ III. ADJOURNMENT MOTION: Pidcock moved, seconded by Jessen, to adjourn the meeting at 10:25 PM. Motion carried unanimously. • EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TIME: 7:30 PM Tuesday, September 3, 1991 LOCATION: City Hall Council Chamber, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE • ROLL CALL All Councilmembers present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Anderson, to approve the agenda. Jessen requested the addition of the following items under X. A. Reports of Councilmembers: (1) CPT Building; (2) Rowland Road Improvements; (3) Minnesota Milestones Meeting; (4) Meeting Regarding Flying CIoud Airport. Pidcock requested the addition of the following item: (5) Timeliness of Letters forwarded to Councilmembers. Anderson requested the addition of (6) Appointment to Nine-Mile Creek Watershed District by Hennepin County Board of Commissioners. Julie requested the addition of Item X.B.1. under Report of City Manager: Change of location for the September 17, 1991 Council meeting. He also requested the addition of Item VI. A. under Ordinances and Resolutions: Resolution No. 91-213 Relating to Financing of Certain Proposed Projects to be Undertaken by the City; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Jullie also requested the addition of Item VIII.A. Appointment to the Parks, Recreation, and Natural Resources Commission. Jullie stated that on Item III.A. Clerk's License List, the owner's name should be listed instead of the Amoco Corporation. Agenda approved as amended 5-0. Eden Prairie 2 September 3, 1991 City Council Minutes Unapproved II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY. AUGUST 20, MOTION Harris moved, seconded by Jessen, to approve the minutes of the City Council meeting held Tuesday, August 20, 1991. Jessen requested a correction on page 13 of the Minutes concerning the Bluffs E. 10th Addition Public Hearing as follows: "Jessen asked Dietz if the properties being assessed for the Bluffs E. 10th Addition would be subject to the $15,000 assessment limit. Dietz said the properties were subject to this limitation." Pidcock said that on Page 1 of the minutes, the third line under the Commendation to Angela Tetrault should read "Heimlich maneuver to a person who was choking at the Bent Creek Golf Course." Minutes approved as amended 5-0. III. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO. 91-200 APPROVING THIRD PARTY AGREEMENTS FOR THE YEAR XVII COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) C. AUTHORIZE ACQUISITION OF EASEMENT FOR OUTFALL STORM SEWER FOR CEDAR RIDGE 2ND ADDITION. I.C. 52-225 (Resolution No. 91-201) D. SET SPECIAL ASSESSMENT HEARING FOR TUESDAY. OCTOBER 22, 1991 E. REVISIONS TO THE HOUSING REHABILITATION PROGRAM (Moved to XI.A. for discussion) F. FINAL PLAT APPROVAL FOR BOULDER POINTE 2ND ADDITION (Resolution No. 91-203) MOTION Pidcock moved, seconded by Anderson, to approve the Consent Calendar. Jessen requested that Item E., Revisions to the Housing Rehabilitation Program, be moved to XI.A. for further discussion. Consent Calendar approved as amended 5-0. Ig4,3 • Eden Prairie 3 September 3, 1991 City Council Minutes Unapproved IV. PUBLIC HEARINGS V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Anderson, to approve payment of claims. Motion for payment of claims approved with Anderson, Harris, Pidcock, Jessen and Tenpas all "AYE". VI. ORDINANCES AND RESOLUTIONS A. Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by The City of Eden Prairie; Establishing Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code. (Resolution No. 91-213) Pauly explained that the Resolution represented a ruling by the Treasury Department for the purpose of assuring that tax free bonds were used only for the payment of traditional city capital expenditures such as roads, sewer, and water, and not for private development projects. It now wanted the City to declare that it was planning to bond for a particular project in order to keep the accountability in order and to be sure that bonds were actually sold for a particular project. MOTION Harris moved the Resolution Relating to Financing of Certain proposed Projects to be Undertaken by the City of Eden Prairie. Seconded by Pidcock. Motion approved 5-0. VII. PETITIONS. REQUESTS & COMMUNICATIONS A. SINGLETREE PLAZA (Continued from August 27, 1991) Kelly Doran, representing the Robert Larsen Partners, Inc., said there were two issues: (I) Status of the "hold-still" agreement; and (2) Extension of Regional Center Road/Columbine Road along the southern edge of the property. Concerning the status of the hold-still agreement, he presented several analyses of the cost of obtaining property along Highway #169 and putting the Wal-Mart building on that location. He stated -° the total cost of the net land area would be $5,071,768, or $10.74 per square foot. He said that the net subsidy required from the City would total $3,133,971 or $7.28 per square foot. t; • e:./. Eden Prairie 4 September 3, 1991 City Council Minutes Unapproved He also spoke about the timing of the "hold-still" agreement. He said that before work could begin, an environmental assessment would be needed which would require four to six weeks to prepare. It would then be necessary for the City to start condemnation proceedings on any properties not previously agreed upon which would take approximately 120 days. In addition it would be necessary to consider the requirements and the needs of the tenants after the 120-day time period. He believed this was a monumental task to accomplish in six months because, in addition to relocating tenants, it would be necessary to demolish buildings and utilities would have to be moved. Enger concurred that the figures presented by Doran were accurate. Jessen asked what the value of the property was that would be traded to the City. Doran said it was $3.6 million. Harris said she found it difficult to justify the cost of the alternative Highway #169 site. She believed the original project was a good one, and would favor proceeding with the project as approved at the August 20, 1991 Council meeting. She said she would be in favor of the elimination of the "hold-still" agreement provision. Pidcock agreed with Harris's position. Anderson said he was concerned about spending the extra money to locate the facility on the Highway #169 property. Tenpas said he believed it had been a good idea to look at the alternative of putting the Wal-Mart building on the Highway #169 property, but believed the cost was too high. For this reason, he saw no need to pursue the "hold-still" agreement. Jessen believed that the quality of advice the City received from consultants was poor and the Council had not received enough information. He favored the project as approved on August 20, 1991, except for the purchase of the Columbine Road which he viewed as a direct subsidy. Enger he believed the City and the proponent had come to an agreement in principle on the road. The principle agreed to on the road was that Wal-Mart would build the road as a public road to public road standards, would make certain modifications in the site plan to accommodate grade changes thereby reducing the cost of the intersection at Regional Center Road and Commonwealth Drive, and provide some capabilities for storm sewer on the site rather than on Columbine Road. There were also some cost reductions by having the granular subgrade material on-site rather than off-site. The City's contribution would be to purchase the right-of-way for the road, 1 ,6n�1 Eden Prairie 5 September 3, 1991 City Council Minutes Unapproved handle the off-site construction, construct the intersection at Regional Center Road and Commonwealth Drive as well as the • intersection of Columbine Road and Prairie Center Drive, and any off-site work that would be necessary with the Lariat Center II such as securing of temporary or permanent easements. Harris said she was pleased with the progress that had been made in the agreement, and would strongly support the completion of the project. Pidcock agreed. Nancy Heuer, representing Strgar, Roscoe, Fausch, reviewed the traffic study. She said the initial purpose of the study was to show how the extension of Columbine Road would fit with the Lariat Center II site plan. She pointed out that there were very few local streets by which to access the Major Center Area and this would be an opportunity to provide another access point. In regard to the Wal- Mart project, Strgar, Roscoe, Fausch had been asked to review what purpose Columbine Road would serve in providing relief for Highway #169. She said there had been conflicting forecasts for traffic on the portion of Highway #169 south of Prairie Center Drive. The question was how many trips could be diverted from Highway #169 to Columbine Road if Columbine Road were to be extended between both Anderson Lakes Parkway and Prairie Center Drive, as well as from Anderson Lakes Parkway up to Regional Center Road and on up to Highway #169. She said the estimate included in the traffic study for the Wal-Mart Center was 6500-8500 trips per day, which would represent a significant relief to Highway #169. She explained the discrepancy in the forecasting figures for traffic on Highway #169. She said the Metro Council had suggested using the 30,000 trips per day figure found in the trunk Highway #212 EIS rather than the 9,000 trips per day found in the regional forecast. The regional study had not taken into consideration ramps being built to connect with Highway #494 and had not considered Highway #169 to be a through route. Also, some of the studies done had assumed that the improvements on County Road 18 and Highway #212 would divert some of the traffic from Highway #169. Jessen asked Heuer about the statement in the SRF report that said "we can expect 20,000 trips per day on Highway #169 in the year 2010 unless the Columbine Road extension was built, in which case 11,500 trips a day could be expected." Heuer said these figures were based on the 1988 Major Center Area Traffic Study Forecast. Jessen asked why the study was not based on the updated figures. He said he was concerned that the City would be spending about $2 million to reduce the volumes on existing Highway #169 to one-third of its current volume. Tenpas said he also questioned the conclusions in the report and the validity of the numbers used. Ea ,J Eden Prairie 6 September 3, 1991 City Council Minutes Unapproved Dietz said he believed the only number at question was whether or not there would be 30,000 trips on Highway #169 or 11,000, and that Strgar, Roscoe, Fausch had not been instructed to investigate the accuracy of these figures. It had been instructed to take the 1988 BRW traffic study with the forecasted volumes on Highway #169 with the assumption that Highway #18 and Highway #212 would upgraded. The traffic study was done only to see how many trips a day would be diverted if Columbine Road were built and the answer was 6500- 8500. Enger pointed out that the reason for Columbine Road was not to provide a diversion from Highway #169, but rather to provide an alternative way out for the Douglas Corporation development on the former Northrup-King property other than Anderson Lakes Parkway or Highway #169. He urged Council to keep in mind that the reason for the extension of Columbine Road would be to increase the flexibility of the City's road system. He also pointed out that this would be the City's last opportunity to put the road through because the Berme! property was for sale. Tenpas asked Councilmembers for opinions on the road issue. Anderson said he favored going ahead with the road per the agreement that staff had reached with the proponent. Harris and Pidcock said they favored the road. Jessen said he was not persuaded about the need for the road and was not in favor of the City purchasing right-of-way at $4.50 per foot. He said he viewed this as a subsidy to Wal-Mart. Tenpas said he had not thought through all of the issues to decide whether he would favor the road as agreed upon by staff and proponent. Council agreed that it might be helpful to investigate why the process on this project was so long, and possibly determine what could have been handled differently to make the process more efficient. MOTION Harris moved to remove the condition of the "hold-still" agreement. Seconded by Jessen. Motion approved 5-0. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS, & COMMITTEES A. Appointment to the Parks. Recreation, and Natural Resources Commission. This appointment was to fill an unexpired term of Ms. Joyer who had resigned from the Commission. After discussion, Council agreed to review the resumes of candidates who had previously expressed an interest in serving on the Parks, Recreation, and Natural Resources Commission and discuss the qualifications at the Council meeting on Eden Prairie 7 September 3, 1991 City Council Minutes Unapproved September 17, 1991, and possibly make an appointment at that time. Council requested staff to determine which of the applicants were still interested on serving on the Commission. IX. APPOINTMENTS A. GLEN LAKE AREA TASK FORCE - Appointment of one member to the Glen Lake Area Task Force Laura Ronbeck, representing the Gatewood-Glen Lake Homeowners Association, said that a strong task force was needed to resolve issues and develop a long-term master plan for the Hennepin County property at the former Glen Lake Sanatorium, and she urged the City to appoint a representative to this task force. MOTION Harris moved to appoint Mayor Tenpas to represent the City on the Glen Lake Task Force. Seconded by Pidcock. Motion approved 5-0. X. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. CPT Building Jessen said he would like to investigate the possibility of the purchase of this building by the City. Tenpas requested staff to prepare a report on what the baseline cost for the building would be and encouraged Councilmembers to look at the property if they had not already done so. Harris said she would like to identify how the City could put the space to use. Pidcock agreed that the City should consider whether or not it would be able to make use of the building. Anderson said he would like to investigate the purchase of the building after the study of the Naegele property was completed. 2. Rowland Road Improvements Jessen referred to the letter all Councilmembers had received from Sandra Landucci. He said he had contacted all Hennepin Parks Board members and all members had agreed to hold a neighborhood meeting on this subject. This meeting will be scheduled as soon as possible. ` F tr t•J,j Eden Prairie 8 September 3, 1991 City Council Minutes Unapproved 3. Minnesota Milestones Meeting Jessen asked if someone would represent the City at this event. Anderson said it was an open meeting and all public officials had been invited. Pauly said there were no restrictions on all Councilmembers attending an event of this type because Councilmembers would not be at the meeting for the purpose of conducting City business. 4. Meeting Regarding Flying Cloud Airport Jessen reported on a meeting that he and Tenpas had attended with residents of the area near Flying Cloud Airport. He said he and Tenpas had stressed that much of the decision-making on the proposed airport expansion issue was not done by the City and there were questions as to who really had authority. The people attending the meeting requested information on which agencies had decision-making authority with regard to the Airport. He said the extension of the runway and plans for the light tower to be placed on a nearby hill were major issues with the residents, and a large effort was being made to organize opposition to the runway expansion. • Pauly said case law indicated that a municipality, as en owner of an airport, had authority to impose limitations on times of flights and noise regulations. However, the City did not own Flying Cloud Airport, and therefore did not have authority to regulate noise. This interpretation did not encompass other issues being raised such as state building codes and zoning. He said these matters were being reviewed, but basically the MAC had control because it owned the airport. Tenpas encouraged Council to be prepared for questions and concerns about the airport at the next council meeting. 5. Timeliness of Letters Forwarded to Councilmembers Pidcock referred to a letter which had been included in the packet dated August 22, 1991, in which a response was requested by September 5, 1991. She asked if there was a way that letters such as this one could be received by Councilmembers earlier. Anderson suggested that Councilmembers could stop by City offices to pick up the mail or call to see if there was any mail for them. • Eden Prairie 9 September 3, 1991 City Council Minutes Unapproved 6. Discussion of the Appointment to the Nine-Mile Watershed District by Hennepin County Board of Commissioners, Anderson said that he would like the City to protest to the Hennepin County Board of Commissioners for its failure to appoint a representative from Eden Prairie to the Nine-Mile Creek Watershed District. Since a considerable portion of Nine- Mile Creek was located in Eden Prairie, he believed it was unfair that the qualified applicants from the City for this position were not chosen. He pointed out that Bloomington had two representatives, Hopkins had one, Minnetonka now had one, Edina had one, but no one had been chosen from Eden Prairie. Council agreed to send a letter to the Commissioners stating that the City would like to be represented on this Watershed District. B. REPORT OF CITY MANAGER 1. Change in location of September 19, 1991 Council meeting. Julie suggested holding the September 17, 1991 Council meeting at the Eden Prairie High School Auditorium because a large number of people was expected because of the Flying Cloud Airport issue. It was agreed that the meeting with the Eden Prairie School District should be held at this location also at 6:00 PM on September 19, 1991 as well. C. REPORT OF DIRECTOR OF PUBLIC WORKS • 1. AWARD CONTRACT FOR MEDIAN OPENING ON PRAIRIE CENTER DRIVE AND JOINER WAY, I.C. 52-229 (Resolution No. 21-202) Dietz said bids for this project had come in higher than the estimated $28,000, with the low bid being $38,000. He said the City had not had an opportunity to discuss this with the property owners and would like concurrence from them for the extra $10,000. His recommendation was to award the contract to Bituminous Consulting and Contracting Company, Inc. with instructions to staff to find out whether or not a majority of the property owners wished to proceed with this project this fall. MOTION Harris moved, seconded by Pidcock, moved to approve Resolution 91-202 accepting the bid from Bituminous Consulting and Contracting Company, Inc. contingent upon agreement from the major of the affected property owners. Motion approved 5-0. Eden Prairie 10 September 3, 1991 City Council Minutes Unapproved XI. OTHER BUSINESS A. Revisions to the Housing Rehabilitation Program (Item III.E. from the Consent Calendar) Jessen asked how many persons were recipients under this program, who administered it, and why it not had been shown in the budget. Enger said the intent and guidelines for the program had been established by the City Council with guidance from the Human Rights and Services Commission. The grant was administered by the Planning Department within the parameters of the Community Development Block Grant program. It was used for helping income- qualified persons make home improvements and repairs which they otherwise would not be able to afford. He said 30 homeowners in the community had participated since 1982. The revision included raising the income limits in order to help more people in the community, and to make the money a loan rather than a grant in order to recoup the funds. The advantage to the City of such a program was to assure that its housing stock was kept in good repair. Jessen asked if a bank could handle this for the City. Enger said that the staff could investigate this suggestion; however, the City was required to administer the contracts for the work and set the specifications. MOTION Jessen moved to continue the item for 30 days and refer the changes to the Human Rights and Services Commission for its review and suggestions. Seconded by Harris. Motion approved 5-0. XII. ADJOURNMENT MOTION Pidcock moved, seconded by Harris, to adjourn at 10:05 PM. Motion approved 5-0. CERTIFICATION OF MINUTES RELATING TO S GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1991D County: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, September 17, 1991 at 7:30 o'clock p.m., at the City Hall. Member present: Members absent: • Documents Attached: Minutes of said meeting (including) : RESOLUTION NO. 91-a W RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $ GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1991D I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer , this day of September, 1991. Finance Director/Clerk (13;vji It was reported that sealed bids for the purchase of $7,235,000* General Obligation improvement Refunding Bonds, Series 1991D were received prior to 12:00 noon, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Springsted, Incorporated, financial consultants to the Issuer. The bids have been publicly opened, read and tabulated and were found to be as follows: • Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $ GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1991D BE IT RESOLVED by the City Council of City of Eden Prairie, Minnesota (the Issuer), as follows: Section 1. Authorization and Sala. (a) This Council, by Resolution No. 91-197 adopted August 20, 1991, authorized the issuance and public sale of $7,235,000 approximate principal amount of General Obligation Improvement Refunding Bonds, Series 1991D (the Bonds), the proceeds of which would be used, together with any additional funds of the Issuer which might be required, to advance refund on their first available redemption dates, the following issues of bonds (collectively, the Refunded Bonds) : Date of Original Maturities Original Principal Being Title Issue Amount Refunded General Obligation Improvement Bonds 12/1/83 $2,200,000 92-01 General Obligation Improvement Bonds 12/1/82 S6,200,000 92-00 of 1982 General Obligation Improvement Bonds 3/1/82 $1,100,000 92-95 of 1982 Improvement Bonds 5/1/80 $7,450,000 92-98 By redeeming the Refunded Bonds from the proceeds of the Bonds the Issuer will (b) Notice of Sale has been duly published. Pursuant to the Official Terms of Offering and the Notice of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable bid received is that of ,of and associates (the Purchaser), to purchase the Bonds at a price g'7 of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. (c) The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and Manager are hereby authorized and directed on behalf of the Issuer to execute a contract for the sale of the Bonds in accordance with the terms of the bid. The good faith deposit of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. The good faith checks of other bidders shall be returned to them forthwith. (d) All acts, conditions and things which are: required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of •the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. pond Terms: Resistration: Execution and pelivery. 2.01. Maturities: Interest Rates; Denominations and 'Payment. The Bonds shall be designated "General Obligation Improvement Refunding Bonds, Series 1991D," shall be in denominations of $5,000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid or duly called for redemption at the annual rates shown opposite such years and amounts, as follows: Year Amount Hale 1992 $ 1993 1994 1995 1996 1997 1998 1999 2000 2001 The Bonds shall be issued only in fully registered form, in single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal thereof, shall be payable by check or draft issued by the Registrar. -2- • 2.02. Da es and 'ntAr a Paym n Dates. Each Bond shall bear a date of original issue of October 1, 1991. Upon the initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.05, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on February 1 and August 1, commencing February 1, 1992, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not • such day is a business day. 2.03. Redemption. Bonds maturing in the years 1992 through 1999 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2000 and 2001 shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order as the Issuer shall determine and within a maturity by lot as selected by the Registrar in multiples of $5,000, on February 1, 1999, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The Finance Director/Clerk shall cause notice of the call for redemption thereof to be published as required by law, and, at least thirty days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed, by first class mail, to the registered owners of any Bonds to be redeemed at their addresses as they ' appear on the bond register described in Section 2.05 hereof. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. In addition to the notice prescribed by the preceding paragraph, the Finance Director/Clerk shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by first class mail or telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give 1, any notice of redemption prescribed by this paragraph shall not -3- '. affect the validity of the proceedings for the redemption of any Bond or portion thereof. 2.09. Bnnointment of Initial Registrar. The Issuer hereby appoints in , as the initial bond registrar, transfer agent and paying agent (the Registrar) . The Mayor and the Finance Director/Clerk are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.05. gegistratj. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) gegtster, The Registrar shall keep at its • principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Rrndq. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. • -9- `r (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or tlnauthnr;-psi Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated. Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its -5- t terms it shall not be necessary to issue a new Bond prior to payment. 2.06. preparation and Delivery. The Bonds shall be prepared under the direction of the Finance Director/Clerk and shall be executed on behalf of the Issuer by the signatures of the Mayor and Finance Director/Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security hereunder until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Auditor shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be .obligated to see to the application of the purchase price. Section 3. Form of Rnndq. The Bonds shall be printed in substantially the following form: ft -6- • (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1991D Date of Eat& Maturity prigina1 TgsuP CUSTP October 1, 1991 Registered Owner: Principal Amount: THE CITY OF EDEN PRAIRIE, MINNESOTA (the Issuer), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered .assigns, the principal amount specified above, on the maturity date specified above, or earlier designated redemption date, with interest thereon from the date of original issue hereof or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing February 1, 1992, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the principal corporate trust office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on , in Minnesota, as bond registrar, transfer agent and paying agent or its successor designated under the Resolution described herein (the Registrar) . For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the Issuer are hereby irrevocably pledged Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. 3, This Bond shall not be valid or become obligatory for ( any purpose or be entitled to any security or benefit under the -7- i Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, City of Eden Prairie, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and Finance Director/Clerk. Date of Authentication: (facsimile signature) (facsimile signature) Finance Director/Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Registrar By Authorized Representative [Reverse of the Bonds) This Bond is one of an issue in the aggregate principal amount of $ (the Bonds), issued pursuant to a resolution adopted by the City Council on September 17, 1991 (the Resolution), to provide funds to refund certain outstanding general obligation bonds of the Issuer, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 1999 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2000 and later years are each subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order as the Issuer shall determine and, within a maturity, by lot as selected by the Registrar in multiples of $5,000, on February 1, 1999, and on any -8- date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The Issuer will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a .written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond, in order to make it a valid and binding general obligation of the Issuer in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that the Bonds are payable from a separate debt redemption fund of the Issuer and from ad valorem taxes and other funds which have been -9- appropriated to such fund; that, if necessary for payment of such principal and interest, additional ad valorem taxes may be levied upon all taxable property in the Issuer without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation. Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion: We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel on the issue of General Obligation Improvement Refunding Bonds, Series 1991D of City of Eden Prairie, Hennepin County, Minnesota, which includes the within Bond, dated as of the date of original delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) Finance Director/Clerk Mayor The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: 'TEN COM -- as tenants UTMA as Custodian for in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Transfers to Minors JT TEN -- as joint tenants with right of Act survivorship and (State) not as tenants in common Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. -10- 1 flu Dated: ` Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. Please insert social security or other identifying number of assignee: -11- ,UZ+ Section 4. Use of Proceeds and Escrow Account. The proceeds of the Bonds, other than any unused discount, premium and accrued interest, and other than any amounts set aside to pay expenses, are irrevocably appropriated for the payment of interest to become due on the Refunded Bonds to and including the various redemption dates (the Redemption Dates) as described in the Exhibits to the the Escrow Agreement, dated as of the date of closing of the Bonds and for the payment and redemption of the principal amount of the Refunded Bonds on the Redemption Dates. The Finance Director/Clerk is hereby authorized and directed, simultaneously with the delivery of the Bonds, to deposit the proceeds thereof, to the extent described above, and any additional sum which may be required, in escrow (the Escrow Account) with in (the Escrow Agent), a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and shall invest the funds so deposited in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the Escrow Account, to make the above-described payments. The Mayor and the Finance Director/Clerk are hereby authorized to enter into the Escrow Agreement with the Escrow Agent establishing the terms and ,conditions for the Escrow Account in accordance with Minnesota Statutes, Section 475.67. Section 5. Security Provisions. 5.01. Sinking Fund. The Bonds shall be payable from a separate Series 1991D Refunding Bond Sinking Fund (the Sinking Fund) which shall be created and maintained on the books of the Issuer as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. All interest earned on the investments held in the escrow account established in Section 4 to and including the Redemption Dates, and all ad valorem taxes and special assessments levied and collected as hereinafter specified, shall be credited to the Sinking Fund, as well as any other funds appropriated by the Council for the payment of the Bonds. 5.02. $peciat Assessments. The Issuer hereby covenants and agrees that, for the payment of the Bonds, in addition to the Sinking Fund and the ad valorem taxes, the Issuer has done or will do and perform all acts and things necessary for the final and valid levy of special assessments. The Issuer has levied assessments in the aggregate principal amount of $ It is estimated that the principal and interest on such special assessments will be collected in the years and amounts as follows: -12- �:cln Levy Collection Year Year pmonnr 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 In the event any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Issuer or by the Council or by any of the officers or employees of the Issuer, either in the making of such assessment or in the performance of any condition precedent thereto, the Issuer hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. 5.03. Tax Levy. For the prompt and full payment of the ,principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. To provide moneys for the payment of the principal and interest on the Bonds, in addition to the Sinking Fund and the special assessments, there is hereby levied upon all taxable property in the Issuer a direct, annual ad valorem tax which shall be spread upon the tax rolls for collection in the years and amounts as follows, with and as part of other general taxes of the Issuer, as follows: Levy Collection Year Year Amount 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 The taxes shall be irrepealable so long as any of the Bonds are -13- !I. outstanding and unpaid; provided that the Issuer reserves the right and power to reduce levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. In order to ensure compliance with the Internal Revenue Code of 1986, as amended (the Code), and applicable regulations, the Treasurer, upon allocation of any funds to the Sinking Fund, shall ascertain the balance then on hand in the Fund. If it exceeds the amount of principal and interest on the Bonds to become due and payable through February 1 next following, plus a reasonable carryover equal to 1/12th of the debt service due in the following bond year, said excess shall (unless an opinion is otherwise received from bond counsel) be used to prepay or purchase Bonds, or invested at a yield which does not exceed the yield on the Bonds calculated in accordance with Section 148 of the Code. Section 6. fefeaan('P, When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the Issuer may nevertheless be discharge its liability with respect thereto by depositing with the Registrar a %sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The Issuer may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 2.04. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to such earlier redemption date. Section 7. Tax Matters. (a) The Issuer covenants and agrees with the owners from time to time of the Bonds herein authorized, that it will not take, or permit to be taken by any of its officers, employees or -14- 7/ Bonds to become subject to taxation under the Code and any regulations issued thereunder, in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within its powers which may be necessary to insure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. The Issuer represents and covenants that the Issuer is the owner of all facilities financed by the Refunded Bonds and uses said facilities for its municipal functions. So long as the Bonds are outstanding, the Issuer will not enter into any lease, use agreement or other contract or agreement respecting said facilities which would cause the Refunded Bonds or Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to the provisions of Section 141 of the Code. (b) The Mayor and the Finance Director/Clerk being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and the applicable regulations. (c) The Issuer acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate requirement under Section 148(f) (4) (B) of the Code and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the Manager is hereby authorized and directed to execute a Rebate Certificate, substantially in the form of the Rebate Certificate currently on file in the office of the Finance Director/Clerk, and the Issuer hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. (d) The Bonds shall not be designated as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code. t -15- ) 1 Section 8. Official Statement. The Official Statement relating to the Bonds, dated September 3, 1991, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof. Section 9. Redemption of Refunded Bonds and Certification of Proreeding ,. (a) The Finance Director/Clerk is directed to call the Refunded Bonds for redemption and prepayment on the Redemption Dates and to give notice of redemption in accordance with the resolution authorizing the issuance of the Refunded Bonds. • (b) The Finance Director/Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information the Auditor may require, and to obtain a certificate that the Bonds have been duly entered upon the Auditor's bond register and the tax required by law has been levied. (c) The officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records of the Issuer relating to the authorization and issuance of the Bonds and • such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the officer's books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. Douglas B. Tenpas, Mayor Attest: John Frane, Finance Director/Clerk -16- u/I The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 1 -17- 11?DI7 COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of City of Eden Prairie, Minnesota, adopted on September 17, 1991, setting forth the form and details of an issue of $ General Obligation Improvement Refunding Bonds, Series 1991D, originally dated as of October 1, 1991 (the Bonds), and levying taxes for the payment thereof. I further certify that the Bonds have been entered on my bond register and the tax required by law for their payment has .been levied and filed, as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand and official seal this _ day of September, 1991. County Auditor (SEAL) ILJ . f CERTIFICATION OF MINUTES RELATING TO S GENERAL OBLIGATION STATE-AID ROAD REFUNDING BONDS, SERIES 1991E County: City of Eden Prairie, Minnesota Governing Body: City Council 4 Kind, date, time and place of meeting: A regular meeting held on '. Tuesday, September 17, 1991 at 7:30 o'clock p.m., at the City Hall. Member present: Members absent: • Documents Attached: Minutes of said meeting (including) : RESOLUTION NO. 91-0'LS RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $ GENERAL OBLIGATION STATE-AID ROAD REFUNDING BONDS, SERIES 1991E I, the undersigned, being the duly qualified and acting �. recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 1991. Finance Director/Clerk It was reported that sealed bids for the purchase of $420,000* General Obligation State-Aid Road Refunding Bonds, Series 1991E were received prior to 12:00 noon, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Springsted Incorporated, financial consultants to the Issuer. The bids have been publicly opened, read and tabulated and were found to be as follows: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $ GENERAL OBLIGATION STATE-AID ROAD REFUNDING BONDS, SERIES 1991E BE IT RESOLVED by the City Council of City of Eden Prairie, Minnesota (the Issuer), as follows: Section 1. Arthorization and Salp. (a) This Council, by Resolution No. 91-197 adopted August 20, 1991, authorized the issuance and public sale of $420,000 approximate principal amount of General Obligation State-Aid Road Refunding Bonds, Series 1991E (the Bonds), the proceeds of which would be used, together with any additional funds of the Issuer which might be required, to refund in advance of maturity the 1994 through 2001 maturities of the Issuer's General Obligation State-Aid Road Bonds of 1982, dated December 1, 1982, aggregating $400,000 in principal amount (the Refunded Bonds) . Said refunding constitutes a "crossover refunding" as defined in Minnesota Statutes, Section 475.17, subd. 13. (b) Notice of Sale has been duly published. Pursuant to the Official Terms of Offering and the Notice of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable bid received is that of ,of and associates (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. (c) The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and Manager are hereby authorized and directed on behalf of the Issuer to execute a contract for the sale of the Bonds in accordance with the terms of the bid. The good faith deposit of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. The good faith checks of other bidders shall be returned to them forthwith. (d) It is hereby determined that by issuance of the Bonds the Issuer will realize a substantial interest rate reduction, a gross savings of approximately $ and a present value savings (using the yield on the Bonds, computed in { accordance with Section 148 of the Internal Revenue Code of 1986, as amended, as the discount factor) of approximately $ (e) All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. ?pnd Terms: Registration: rxecntinn and Delivery. 2.01. Maturities: Interest Rates; Mennminations and Payment. The Bonds shall be designated "General Obligation State- Aid Road Refunding Bonds, Series 1991E," shall be in denominations of $5,000 or any integral multiple thereof, shall mature on May 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid or duly called for redemption at the annual rates shown opposite such years and amounts, as follows: Year Amount. gate 1994 $ 1995 1996 1997 1998 1999 2000 2001 The Bonds shall be issued only in fully registered form, in single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal thereof, shall be payable by check or draft issued by the Registrar. 2.02. Dates and Interest Payment Date . Each Bond shall bear a date of original issue of October 1, 1991. Upon the initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.05, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on May 1 and November 1, commencing May 1, 1992, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. -2- 1�9� 2.03. Redemption. Bonds maturing in the years 1994 through 1999 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2000 and 2001 shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order as the Issuer shall determine and within a maturity by lot as selected by the Registrar in multiples of $5,000, on May 1, 1999, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The Finance Director/Clerk shall cause notice of the call for redemption thereof to be published as required by law, and, at least thirty days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed, by first class mail, to the registered owners of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.05 hereof. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. In addition to the notice prescribed by the preceding •paragraph, the Finance Director/Clerk shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by first class mail or telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. 2.04. Appointment of Initial RPgi trar. The County hereby appoints in , as the initial bond registrar, transfer agent and paying agent (the Registrar) . The Mayor and the Finance Director/Clerk are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized f by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees tc 9. A -3- pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.05. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonris. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Roncis. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Issuer. (e) TmpropPr or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. -4- (f) persons Deemed Owners,. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) 11.4e4. FPPR and l'hargeq. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutfl ated. Inst. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. 2.06. Preparation and Deliver . The Bonds shall be prepared under the direction of the Finance Director/Clerk and shall be executed on behalf of the Issuer by the signatures of the Mayor and Finance Director/Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security hereunder until a certificate of -5- i 14f A authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Auditor shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 3. Form of Rnnc1 .. The Bonds shall be printed in substantially the following form: -6- i (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION STATE-AID ROAD REFUNDING BOND, SERIES 1991E Date of Bats: Matur+tlz Original TSSIIP CUSTP October 1, 1991 Registered Owner: Principal Amount: THE CITY OF EDEN PRAIRIE, MINNESOTA (the Issuer), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity 'date specified above, or earlier designated redemption date, with interest thereon from the date of original issue hereof or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on May 1 and November 1 in each year, commencing May 1, 1992, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the principal corporate trust office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on in , Minnesota, as bond registrar, transfer agent and paying agent or its successor designated under the Resolution described herein (the Registrar) . For the prompt and full payment of such principal and interest as the same become i. due, the full faith, credit and taxing powers of the Issuer are hereby irrevocably pledged Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall , -7- ii have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, City of Eden Prairie, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and Finance Director/Clerk. Date of Authentication: _(,Larsimi signature) (facsimile signature) Finance Director/Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Registrar By Authorized Representative (Reverse of the Bonds) This Bond is one of an issue in the aggregate principal amount of $ (the Bonds), issued pursuant to a resolution adopted by the City Council on September 17, 1991 (the Resolution), to provide funds to refund certain outstanding general obligation bonds of the Issuer, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 1999 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2000 and later years are each subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order as the Issuer shall determine and, within a maturity, by lot as selected by the Registrar in multiples of $5,000, on May 1, 1999, and on any date thereafter, at a price equal to the principal amount thereof plus -8- interest accrued to the date of redemption. The Issuer will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain • limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond, in order to make it a valid and binding general obligation of the Issuer in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that the Bonds are payable from a separate debt redemption fund of the Issuer and from ad valorem taxes and other funds which have been appropriated to such fund; that, if necessary for payment of sucn f -9- principal and interest, additional ad valorem taxes may be levied upon all taxable property in the Issuer without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation. Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion: We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel on the issue of General Obligation State-Aid Road Refunding Bonds, Series 1991E of City of Eden Prairie, Hennepin County, Minnesota, which includes the within Bond, dated as of the date of original delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) Finance Director/Clerk Mayor The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA _ as Custodian for in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Transfers to Minors JT TEN -- as joint tenants with right of Act survivorship and (State) not as tenants in common Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. -10- :,-\j) • i Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. Please insert social security or other identifying number of assignee: -11- gjJ 1 Section 4. Use of Proreerls and Esrrow Account. The proceeds of the Bonds in the amount of $ are irrevocably appropriated for the payment of interest to become due on the Bonds to and including November 1, 1993, and for the payment redemption of the principal amount of the Refunded Bonds on said date. The Treasurer is hereby authorized and directed, simultaneously with the delivery of the Bonds, to deposit the proceeds thereof, to the extent described above, in escrow ith niescrowaw(the , in Escrow Agent), a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and shall invest the funds so deposited in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, to make the above-described payments. •The Mayor and Finance Director/Clerk are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. Of the remaining proceeds of the Bonds, $ shall be applied to pay issuance expenses and $ shall be deposited in the Sinking Fund created pursuant to Section 5.01 hereof. Section 5. SPrvrity Provisions. 5.01. Sinking Fund. The Bonds shall be payable from a separate Series 1991E Refunding Bond Sinking Fund (the Sinking Fund) which shall be created and maintained on the books of the Issuer as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. All interest earned on the investments held in the escrow account established in Section 4 to and including November 1, 1993, and all state-aid allotments and ad valorem taxes collected as hereinafter specified, shall be credited to the Sinking Fund, as well as any other funds appropriated by the City Council for the payment of the Bonds. 5.02. $fare-Aid Street A11otmPnts. The Issuer hereby covenants and agrees that, for the payment of the Bonds, in addition to the Sinking Fund and the ad valorem taxes, there is hereby irrevocably appropriated to the Sinking Fund, out of moneys allotted and to be allotted to the Issuer from its account in the Municipal State-Aid Street Fund of the State of Minnesota, such amount as shall be sufficient to pay the principal of and interest on the Bonds when due, on the dates and in the amounts as follows: -12- Principal Interest payable on year Amount May 1 November 1 1994 $ 1995 1996 1997 1998 1999 2000 2001 The Finance Director/Clerk shall follow the procedure set forth in Minnesota Statutes, Section 162.18, Subdivision 4, for obtaining such funds. If at any time the moneys in the Sinking Fund should be insufficient to pay all principal and interest due on the Bonds, the Treasurer shall nevertheless pay the same from any moneys on hand in the general fund of the Issuer, and the moneys so used shall be restored to the general fund from the moneys next received by the Issuer from the Construction or Maintenance Account in the Municipal State-Aid Street Fund of the State of Minnesota, which are not required for the payment of additional principal and interest, or from the proceeds of taxes levied pursuant to Section 5 hereof. Section 5. pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. However, it is estimated that the state-aid street allotments appropriated for the payment of such principal and interest in Section 4 hereof will be not less than 5% in excess of such principal and interest when due, and accordingly no tax is levied at this time. However, if an actual or anticipated deficiency should arise in the receipt of such allotments, the Issuer shall levy an ad valorem tax upon all taxable property in the Issuer in accordance with Minnesota Statutes, Section 475.61, in an amount sufficient to eliminate the actual or anticipated deficiency. In order to ensure compliance with the Internal Revenue Code of 1986, as amended (the Code), and applicable regulations, the Treasurer, upon allocation of any funds to the Sinking Fund, shall ascertain the balance then on hand in the Fund. If it exceeds the amount of principal and interest on the Bonds to become due and payable through April 1 next following, plus a reasonable carryover equal to 1/12th of the debt service due in the following bond year, said excess shall (unless an opinion is otherwise received from bond counsel) be used to prepay or purchase Bonds, or invested at a yield which does not exceed the yield on the Bonds calculated in accordance with Section 148 of the Code. EI -13- cJJ� Section 6. Defeagance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the Issuer may nevertheless be discharge its liability with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The Issuer may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 2.04. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to such earlier redemption date. Section 7. Tax Matters. (a) The Issuer covenants and agrees with the owners from time to time of the Bonds herein authorized, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Code and any regulations issued thereunder, in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within its powers which may be necessary to insure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. The Issuer represents and covenants that the Issuer is the owner of all facilities financed by the Refunded Bonds and uses said facilities for its municipal functions. So long as the Bonds are outstanding, the Issuer will not enter into any lease, use agreement or other contract or agreement respecting said facilities which would cause the Refunded Bonds or Bonds to be considered "private activity -14- aU3(1 bonds" or "private loan bonds" pursuant to the provisions of Section 141 of the Code. 1 (b) The Mayor and the Finance Director/Clerk being the 0 officers of the Issuer charged with the responsibility for issuing 1 the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, 1 stating that on the basis of facts, estimates and circumstances in Y; existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and the applicable regulations. i (c) The Issuer acknowledges that the Bonds are subject I to the rebate requirements of Section 148(f) of.the Code. The Issuer covenants and agrees to retain such records, make such i determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate 1, requirement under Section 148(f) (4) (B) of the Code and no "gross 1 proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of 1 the original proceeds thereof. In furtherance of the foregoing, the Manage: is hereby authorized and directed to execute a Rebate Certificate, substantially in the form of the Rebate Certificate currently on file in the office of the Finance Director/Clerk, and the Issuer hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or 1, terminated in accordance with the provisions thereof. (d) The Bonds shall not be designated as "qualified i' tax-exempt obligations" for purposes of Section 265(b) (3) of the Code. Section 8. Official Statement. The Official Statement relating to the Bonds, dated September 3, 1991, prepared and ?, delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof. jj Section 9. Redemption of Refunded Bonds and f.ertifiratinn of Prnreedingg. (a) The Finance Director/Clerk is directed to call the Refunded Bonds for redemption and prepayment at their earliest permissible redemption date (November 1, 1993) and to give notice -15- 'I F1, of redemption in accordance with the resolution authorizing the issuance of the Refunded Bonds. (b) The Finance Director/Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information the Auditor may require, and to obtain a certificate that the Bonds have been duly entered upon the Auditor's bond register. (c) The officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records of the Issuer relating to the authorization and issuance of the Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the officer's books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. Douglas B. Tenpas, Mayor Attest: John Frane, Finance Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -16- COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting County Auditor of Hennepin, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of City of Eden Prairie, Minnesota, adopted on September 17, 1991, setting forth the form and details of an issue of $ General Obligation State-Aid Road Refunding Bonds, Series 1991E, originally dated as of October 1, 1991 (the Bonds) . I further certify that the Bonds have been entered on my bond register, as required by Minnesota Statutes, Sections 475.62 and 475.63. WITNESS my hand and official seal this day of September, 1991. County Auditor (SEAL) { CERTIFICATION OF MINUTES RELATING TO S GENERAL OBLIGATION WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1991F Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held Tuesday, September 17, 1991 at 7:30 p.m., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO.91-7,1/4 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $ GENERAL OBLIGATION WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1991F I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this _ day of September, 1991. City Administrator It was reported that sealed bids for the purchase of $3,130,000* General Obligation Water and Sewer Revenue Refunding Bonds, Series 1991F were received prior to 12:00 noon, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Springsted Incorporated, financial consultants to the Issuer. The bids have been publicly opened, read and tabulated and were found to be as follows: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $ GENERAL OBLIGATION WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1991F BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the Issuer), as follows: Section 1. A1rt hc,rization and Sa1p, (a) This Council, by Resolution No. 91-197 adopted August 20, 1991, authorized the issuance and public sale of $3,130,000 approximate principal amount of General Obligation Water and Sewer Revenue Refunding Bonds, Series 1991F (the Bonds), the proceeds of which will be used, together with funds on hand as may be required, to refund on November 1, 1991, the 1992 through 2003 maturities, aggregating $3,075,000, of the Issuer's outstanding Water and Sewer Bonds, dated May 1, 1980 (the Refunded Bonds) . (b) Notice of Sale has been duly published. Pursuant '.to the Official Terms of Offering and the Notice of Sale, sealed bids for the purchase of the Bonds were received at or { before the time specified for receipt of bids. The bids have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable bid received is that of ,of and associates (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. (c) The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and Manager are hereby authorized and directed on behalf of the Issuer to execute a contract for the sale of the Bonds in accordance with the terms of the bid. The good faith deposit of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. The good faith checks of other bidders shall be returned to them forthwith. (d) All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. ,•Jt.1 - I 1 Section 2. Bond Terms• Registration• Execut on and Deliverit. 2.01. Maturities; Interest Rates; Dennmiaatinns anrt payment. The Bonds shall be designated "General Obligation Water and Sewer Revenue Refunding Bonds, Series 1991F," shall be in denominations of $5,000, or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid or duly called for redemption at the annual rates per annum shown opposite such years and amounts, as follows: yaa= Amount Bata 1992 $ • 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 The Bonds shall be issuable only in fully registered form, in single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal thereof shall be payable by check or draft issued by the Registrar. 2.02. Dates and Interest Payment Dates. Each Bond shall bear a date of original issue of October 1, 1991. Upon the initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.05, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on February 1 and August 1, commencing February 1, 1992, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. RedemDtirn. Bonds maturing in the years 1992 through 1999 shall not be subject to redemption prior to maturity, but Bonds maturing in 2000 and later years shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order as the Issuer shall determine and within a maturity by lot as selected by the Registrar in multiples of -2- $5,000, on February 1, 1999, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The Finance Director/Clerk shall cause notice of the call for redemption thereof to be published as required by law, and, at least thirty days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed, by first class mail, to the registered owners of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.05 hereof. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. In addition to the notice prescribed by the preceding paragraph, the Finance Director/Clerk shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by first class mail or telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds ' (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. 2.04. Appointment of Initial Registrar. The Issuer hereby appoints in , as the initial bond registrar, transfer agent and paying agent (the Registrar) . The Mayor and the Administrator are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty day's notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. -3- ;( n,In It 2.05. Begistratic. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) gegister. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Ronda. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Fxrhange of Bonds.. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) persons Deemed Owners.. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all -9- '' other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes. FPPS and Charges,. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) pilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.06. preparation and Delivery. The Bonds shall be prepared under the direction of the Administrator and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual -5- Ij na signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 3. Form of Bonds. The Bonds shall be printed in substantially the following form: • -6- DUI) (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION WATER AND SEWER REVENUE REFUNDING BOND, SERIES 1991F Date of Bata Maturity. Original T4.4UP S'I1STp NO. October 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: THE CITY OF EDEN PRAIRIE, MINNESOTA (the Issuer), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered ;+ "assigns, the principal amount specified above, on the maturity date specified above, or earlier designated redemption date, with interest thereon from the date of original issue hereof or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing February 1, 1992, to the person in whose name this Bond is registered at the close of business on the fifteenth (f day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the principal corporate trust office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on , in , Minnesota, as bond registrar, transfer agent and paying agent or its successor designated under the Resolution described herein (the Registrar) . For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the Issuer are hereby irrevocably pledged Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. -7- This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Eden Prairie, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the printed facsimile signatures of the Mayor and Finance Director/Clerk. Date of Authentication: (Facsimile Signature) (Facsimile Signature) Finance Director/Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Registrar By Authorized Representative (Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $ (the Bonds), issued pursuant to a resolution adopted by the City Council on September 17, 1991 (the Resolution), to refund certain outstanding general obligation bonds of the Issuer, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475. The Bonds are issuable only in fully registered form, in denominations of $5,00O or any integral multiple thereof, of single maturities. Bonds maturing in 1999 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2000 and later years are each subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order as the Issuer shall determine and, within a maturity, by lot as selected by the Registrar in multiples of $5,000, on February 1, 1999, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The Issuer will -8- ^�i cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney • duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will ( cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Issuer and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that in and by the Resolution, the Issuer has covenanted and agreed with the registered owners of the Bonds that it will impose and collect, or cause to be imposed and collected, charges for the service, use and availability of the municipal water and sewer utility at the -9- ,,- _ i times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds, but the full faith and credit and taxing powers of the Issuer have been pledged to the payment of principal and interest when due, and ad valorem taxes, if necessary for such purpose, will be levied upon all taxable property in the Issuer, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness. Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion: We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel on the issue of General Obligation Water and Sewer Revenue Refunding Bonds, Series 1991F of City of Eden Prairie, Hennepin County, Minnesota, which includes the within Bond, dated as of the date of original delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) Finance Director/Clerk Mayor The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM -- as tenants UTMA as Custodian for in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Transfers to Minors Act (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to -10- i transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. t, Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. -11- Section 4. Use of prnceeciq. Upon payment for the Bonds by the Purchaser, the Finance Director/Clerk shall deposit proceeds of the Bonds aggregating $ in the sinking fund established for the Refunded Bonds to be applied to the redemption and prepayment of the Refunded Bonds on November 1, 1991. Section 5. Security Provisions. 5.01. Series 1991F Water and Sewer Revenue Refunding Rpnd Fund. The Bonds shall be payable from a separate and special Water and Sewer Revenue Refunding Bond, Series 1991F Sinking Fund (the Bond Fund) of the Issuer, which the Issuer agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other moneys on hand in other funds of the Issuer, which other funds shall be reimbursed therefor when sufficient money becomes . available in the Bond Fund. The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund shall be paid all Bond proceeds received from the Purchaser in excess of $ all future collections of net revenues of the water and sewer utility system of the Issuer (the System), any taxes collected pursuant to Section 5.04 hereof, and any other funds appropriated by the Council for the payment of the Bonds. 5.02. Sufficiency of System Rev n]`Qq. It is hereby found, determined and declared that the Issuer owns and operates the System as a revenue-producing utility and convenience; and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Bonds herein authorized, and on any other bonds to which such revenues are pledged. 5.03. Rate Covenant. Pursuant to Minnesota Statutes, Section 444.075, the Issuer hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Bonds are paid in full, or are discharged as provided in Section 6, the Issuer will impose and collect reasonable charges for the service, use and availability of the System according to schedules sufficient to produce net revenues sufficient to pay the Bonds, and any other bonds to which said net revenues have been pledged; and the net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds herein authorized and interest thereon when due. Nothing herein shall preclude the Issuer from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional obligations of the Issuer hereafter authorized if -12- the Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds and such additional obligations. Such further pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made. 5.04. pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. It is, however, presently estimated that the revenues appropriated pursuant to Section 6 hereof will provide sums not less than 5% in excess of principal and interest on the Bonds when due, and therefore no tax levy is presently required. Section 6. Defeasanre. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the registered owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should hot be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required to pay all principal and interest to become due thereon to maturity. Section 7. Tax Matters,. (a) The Issuer covenants and agrees with the registered owners from time to time of the Bonds herein authorized, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code) and -13- regulations issued thereunder, in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within its powers which may be necessary to insure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. The Bonds are being issued pursuant to the transition provisions contained in Section 1313(a) of the Tax Reform Act of 1986. In connection with the requirements of that Section, it is hereby found and determined that: (1) no public hearing is required for the issuance of the Bonds since the average maturity date of the Bonds (and the specific maturity date of each Bond) is not later than the average maturity date of the Refunded Bonds (and the specific maturity date of each Refunded Bond); (2) all issuance costs connected with the Bonds will be paid by the Issuer from its own funds and not from the proceeds of the Bonds; (3) the Refunded Bonds were issued prior to August 16, 1986 and therefore are "qualified bonds" as defined in Section 1313(a) (2); and • (4) the amount of the Bonds does not exceed the outstanding amount of the Refunded Bonds and each Bond has a maturity date no later than 20 years from the date of issue of the Refunded Bonds. (b) The Mayor and Finance Director/Clerk being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and the applicable regulations. (c) The Issuer acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate requirement under Section 148(f) (4) (B) of the Code and no "gross -14- proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the Manager is hereby authorized and directed to execute a Rebate Certificate, substantially in the form of the Rebate Certificate currently on file in the office of the Finance Director/Clerk, and the Issuer hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. (d) The Bonds shall not be designated as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code. Section 8. Official Statement. The Official Statement relating to the Bonds, dated September 3, 1991, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof. Section 9. Redemption of Refunded Rnnds ruld Certification of Proceedings.. (a) The Finance Director/Clerk is hereby directed to advise Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota, as paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on November 1, 1991, and to give thirty day's mailed and published Notice of Redemption, in the form attached hereto, all in accordance with the provisions of the resolution authorizing the issuance of the Refunded Bonds. (b) The Finance Director/Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information the Auditor may require, and to obtain a certificate that the Bonds have been duly entered upon the Auditor's bond register. (c) The officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records of the Issuer relating to the authorization and issuance of the Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the officer's books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any -15- heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. Douglas B. Tenpas, Mayor Attest: John Frane, Finance Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -16- NOTICE OF REDEMPTION $4,000,000 Water and Sewer Bonds Dated: May 1, 1980 City of Eden Prairie, Hennepin County, Minnesota jt Notice is hereby given that the Bonds of the above issue which mature on May 1 in the following years and amounts: Year Amount Jntereer Rate Bond No. 1992 $175,000 8.00% 1993 175,000 8.00 1994 200,000 8.10 1995 200,000 8.20 1996 225,000 8.30 1997 250,000 8.30 1998 275,000 8.40 1999 275,000 8.40 2000 300,000 8.50 2001 325,000 8.50 2002 325,000 8.60 2003 350,000 8.60• are called for redemption and prepayment on November 1, 1991. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest. Holders of such Bonds should present them for payment to Norwest Bank Minnesota, National Association, Minneapolis, Minnesota on or before said date when they will cease to bear interest. If mailed, Bonds must be sent to: Norwest Bank Minnesota, National Association, Corporate Trust Operations, 255 Second Avenue South, Minneapolis, MN 55479-0113. If presented in person, deliver to: Norwest Bank Minnesota, National Association, 6th & Marquette, Minneapolis, Minnesota, or any metro location. When submitting bonds for payment, a form W-9 must be included with the securities. Additional information may be obtained from the undersigned or from Springsted Incorporated, 85 East Seventh Place, Suite 100 St. Paul, Minnesota, financial consultants to the City of Eden Prairie, Minnesota. Dated September 17, 1991. BY ORDER OF THE CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTA John Franc, Finance Director/Clerk i/Ann( COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on September 17, 1991, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of $ General Obligation Water and Sewer Revenue Refunding Bonds, Series 1991F, dated as of October 1, 1991. I further certify that the issue has been entered on my bond register as required by Minnesota Statutes, Sections 475.62 and 475.63. WITNESS my hand and official seal this day of September, 1991. County Auditor (SEAL) i GAS CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 17, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) PEDDLERS R & R Construction Corp. Cable Cops (cable TV) Ring Construction Corp. Value Vision International Robert Joseph O'Brien Thomas Edward Mosley Scott Andrew Lien Thomas C. Mason CONTRACTOR (1 & 2 FAMILY) Mark Douglas James Dan Earl Essig Artisan Construction & Design Thomas Gregory Dewitz Grady Builders James L. Collins Hansen Hometech, Inc. Tony Patrick Huber Hustad Homes of Eden Prairie William Joseph Kaiser Michael J. McGibbon James A. LaBathe PLUMBING Terrence Daniel McDermott William Dean Mangels Easco Plumbing & Heating Chad Darrel Jensen Shaw Mechanical Jon Stuart Stebbings Gladys B. Collins HEATING & VENTILATING Anthony Ray Edward Scott Michael Huber Quality Refrigeration, Inc. Jay John Tice TEMPORARY BEER Eden Prairie Lions (Octoberfest g-2g-9I) These licenses have been approved by the department heads responsible for ihq icen d activity. at)Q PatSol i e Licensing ) \' Singletree Plaza CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: SECTION 1. That the land which is the subject of this Ordinance(hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Community Commercial District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Community Commercial District, and the legal descriptions of land in each District referred to in City Code Section 11.03,Subdivision 1, Subparagraph B, `shall be,and are amended accordingly. • SECTION 4. City Code Chapter 1,entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99,"Violation a Misdemeanor"are hereby adopted in their entirety, by reference,as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 17, 1991, entered into between Wal-Mart Stores, Inc., a Delaware 1. corporation,and the City of Eden Prairie(hereinafter"Developer's Agreement")and that certain supplement to the Developer's Agreement, dated as of September 17, 1991, entered into between Bermel Investment Company,a Minnesota limited partnership,Smaby Investment Company,a Minnesota limited partnership,and the Resolution Trust Corporation,a corporation organized and existing under the laws of the United States of America, and the City of Eden Prairie(hereinafter"Supplement"). 1, SECTION 6. This Ordinance shall become effective from and after its passage and publication. 4,1 r ; FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of August, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of September, 1991. ATTEST: John D. Frane,City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. { E:{HIBIT A • • c0004arHM 444 o0mi 4p r.4 C an 0 0 S Ss A 0 r 7 b 7 0 m a a n£n O b n 00. 07,n 05ntnn no =con (n� nnn077 0 ono ma.••S 0.••Ol COn2Fu■H R004 na an 0006S Ow 0 700 00.�ni e x 000'007 7CA7 41►Y" O r10e - n 77nr n7 nnnun�OOOr or 0 P Or 0 n 0 7 9 3 0 n 1.. - 00 n r n• 0 R O S m=n r ma. n it n Y n al on 7 74 9 7o..- gnsa .0, 00 m0▪ ^a .Oi OR 09 r200 0 2rSn5nWU 0000 2000 0. 0 0 •- 00 Cm 70 . o 0 0 0704.00m 0 nQ a.0 • 00.000.0 0 r 0007 ^ a Ma . 06 r 0 0 0.0 7n7 •r M O n p 0 0 •C,O ,7C C✓m 7 r S 0 O 0 0 n' O A n A0m n0 0 aOn OO.Ynn- na• 0 O SO 0 4 ',j e o•O r£e a 00 b 7 al n m a.C O A 0017.0 0 O e j 70 7rn3 Woo 3b.nn4Ou*pa 7MO ono... 0 1 00...3Q000 ^a OM PI 3 Nr O n r 7 0 0 i 0 n u 0 n £000 0 t a W 7a0 00n0mr. 03 0 00.0 0 0 =00R u 7 a& 7 D m n- 6 7 OL.• 0 O n L 000 7 r 70 •O O O 0 0 0 r 0 0 C 70 OM O 77n 7. 000 4Oa 0 rfA C 5 ^0 POnorC 0 00 r 0 c r 7 0 7 o r o<xo c 0,0a A 4000.1077 0 0r^00 n ah•On G<ma R Cai 7 ram.S a 201 0177 COO 7 0 O I 0 r 7 S' n Q ✓ 00. 002 0 • C 00 000 ifi02 '0I n 07 e H O 0 4 n 00. !C O 0, 0...00.20e,ma \ O^O e O -'Orn.40=r 0 A00 a 07='Ono• R N Ot Y • On 0 0 07 7 2n07al7n SO 7770 0 0020£ • 'i r m 7 0£ 7 n 0000.400t.00.0 a 0 0 0000 0 0 n■ 0000 0 007 0 0 0 R O ro R C A 7 n r •n 00 0a nn00J C 0.00 ■ it or ^O MO. 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Mart, Sm nr^ Szro a • 4 anain 000r0 0, 00 nm n ^0 m n• 7 07 C 0 O^n 7 n 2^ 'b 206. a 0^n O G O O• o 0 00. r^ 0 r 007 m SO^ n n KCRSSR).f 0 a t 00000 .P S O 0 m N 7• 7 H u 7 07.C7 30 0 0 N 7 - I00.-004 00000 CO =002. 0 a0 O n O 0 7 ,0000 0 ono...-. o 0 n n 0 0 R alC Am 0. 010 7NnnitJ•x7 • u 3 0 0 7 S mu o N n 7 7 0%O l• 0 4- 7 0 0 n 0 7 t n o O n, O o.. o t t r o A O o u morn O op 040J04,000 • ••0 n On scam0000 • .0 n .-crer R a r7 its • O 00 PO 0 O SO • .� 0 7n • .40 0 a n ?‘i • Singletree/Walmart DEVELOPER'S AGREEMENT THIS AGREEMENT,made and entered into as of , 1991,by WAL-MART STORES, INC., a Delaware corporation,hereinafter referred to as "Developer,"and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as"City:" WITNESSETH: WHEREAS,Developer has applied to City for a Zoning District Change from Rural to Commercial- Regional-Service on 20 acres for construction of a 119,131 sq. ft.building,situated in Hennepin County,State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as"the Property;" NOW,THEREFORE,in consideration of the City adopting Ordinance#16-91,Developer covenants and agrees to construction upon,development,and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on , 1991, revised and dated , 1991, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms,covenants,agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. REGIONAL CENTER ROAD RIGHT-OF-WAY PURCHASE AGREEMENT: Prior to release by City of any permit for construction or development on the Property as depicted in Exhibit B,attached hereto,Developer agrees to execute a purchase agreement for the right-of- way for Regional Center Road,as depicted in Exhibit D,attached hereto and made a part hereof, and to perform Seller's obligations under Paragraph 3.C.of said purchase agreement within the time periods specified therein. 4. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any building permit for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets,sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer,Developer shall construct,or cause to be constructed,those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 5. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property,Developer agrees to apply to the City Engineer,and obtain the City Engineer's approval of a land alteration permit for the Property. Developer agrees that,as part of the land alteration permit,Developer shall include an erosion control plan,grading plan, and the construction schedule for said land alteration activities, all as approved by the City Engineer. Based on said application materials,City shall prepare the land alteration permit for the Property, including special conditions which shall apply to grading operations on the Property. City and Developer further agree that said application materials shall include plans for mitigation of tree loss,among other conditions and requirements. City and Developer acknowledge that the inventory of significant trees on the Property totals 268 caliper inches of trees and that development of the Property will result in the loss of 89 caliper inches of trees. Therefore, Developer agrees to replace 42 caliper inches of trees on the Property,in accordance with City Code requirements. Developer also agrees to be responsible for removal of any diseased, or dead, trees on the Property. 6. URBAN DESIGN ELEMENTS: Developer acknowledges that City has retained an urban design consultant for the purpose of coordinating design elements within the Major Center Area of the City. Developer further acknowledges that Section 11.03, Subd. 6 of the City Code requires site plan and architectural compatibility with other structures in the area and that the Property is,therefore,required to include such urban design elements within the site plan for the Property. Accordingly, Developer agrees to construct the following elements on the Property, as depicted in Exhibit B, attached hereto,as designed or reviewed by the City's urban design consultant and as approved by the City: A. Two pylon signs, one to be located at the intersection of the Regional Center Road extension and Prairie Center Drive,and the other to be located at the northeast corner of the Property. B. The monument signs to be located at driveway entrances at Singletree Lane. C. The private road system from Regional Center Road to Singletree Lane, including specially colored concrete curbing, scored concrete pavement at intersections,lighting, and landscaping. D. The plaza area located along the west elevation of the main structure,including lighting, benches, special paving patterns,and landscaping. E. The canopy across the west building elevation. Further,Developer agrees to be responsible for all costs associated with construction of the items listed above in accordance with all design criteria approved by City,inclusive of,hut not limited to,quality, style,and color of materials. And further, Developer agrees to be responsible for all costs associated with maintenance of the items listed above. 'r • 7. IRRIGATION PLAN: Prior to issuance by City of any building permit for the Property. Developer agrees to submit to the Director of Planning, and to obtain the Director's approvs of a plan for irrigation of the landscaped areas on the Property. Upon approval by the Director of Planning,Developer agrees that concurrent with construction of the structure on the Property, Developer will implement,or cause to be implemented, said irrigation plan, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C,attached hereto. 8. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the keystone retaining walls indicated in Exhibit B,attached hereto. Said plans shall include details with respect to the height,type of materials, and method of construction to be used for said retaining walls. Developer acknowledges and agrees that the materials to be implemented shall be compatible with those implemented for the Urban Design Elements and the exterior building materials on the Property. Upon approval by the Chief Building Official, Developer agrees to construct, or cause to be constructed,said keystone retaining walls,as approved by the Chief Building Official,concurrent with the grading, street, and utility construction on the Property,and in accordance with the terms and conditions of Exhibit C,attached hereto. 9. SIDEWALK CONSTRUCTION: Concurrent with, and as part of the construction on the Property, Developer agrees to construct, or cause to be constructed, five-foot wide sidewall along Singletree Lane, Regional Center Road, and the Regional Center Road extension,all as depicted in Exhibit B, attached hereto. Developer agrees to construct said sidewalks in accordance with the terms and conditions of Exhibit C,attached hereto. 10. OPERATING CONDITIONS OF GARDEN CENTER: Developer acknowledges and agrees to the following operating requirements with respect to the garden center on the Property, as depicted in Exhibit B, attached hereto: A. Goods not on display for immediate sale shall be stored within the main structure on the Property. B. All items for outside display, including,but not limited to,fertilizer, dirt, sand, rock, mulch,railroad ties,landscape timbers,bricks,patio blocks,sod,compost,fencing,hay, straw, manure,unpacked bulk items,including the pallets for such items,and any other such items related to the garden center that are on display for immediate sale shall be stored within the garden center area as depicted in Exhibit B,attached hereto. No materials of any kind shall be visible from any public road nor shall such materials be visible above the height of the fence or screen wall adjoining said garden center,as depicted in Exhibit B,attached hereto. C. No signs shall be allowed on the exterior of the fence or screen wall adjoining said garden center,except as permitted by City Code and as approved by City. D. No sidewalk displays of materials, goods, supplies, equipment, or any other item associated with the garden center shall be allowed. 11. OUTSIDE DISPLAY OF GOODS AND MATERIALS: Developer agrees that there shall be no sidewalk displays of materials,goods,supplies,equipment,or any other item,allowed on the Property,except as permitted by City Code,but in no event shall any such display interfere with pedestrian or vehicular traffic,nor shall such display interfere with parking,or be located within any setback area. 12. CART STORAGE AND CORRALS: Developer has submitted,and City has approved,a plan for cart storage and cart corrals on the Property. Cart Storage shall be located behind a four-foot high brick wall as depicted in Exhibit B,attached hereto. Cart corrals shall be constructed in accordance with the construction detail shown in Exhibit E, attached hereto and made a part hereof, and in the locations depicted in Exhibit B,attached hereto. 13. EXTERIOR MATERIALS: Developer has submitted,and City has approved a sample board of the exterior materials to be implemented on the structures on the Property. Said materials shall reflect materials and colors consistent with those colored renderings presented at the Planning Commission meeting on August 20, 1991. Such sample board of exterior materials shall be kept on file at the City Hall Offices as part of the official record for the development of the Property. Developer acknowledges that any changes to the exterior materials must be reviewed and approved by the City prior to implementation of any such change. Developer further acknowledges that any such change must be compatible with the existing exterior materials on file at the City for the Property. 14. LIGHTING PLAN: Developer has submitted,and City has approved,an exterior lighting plan for the Property as part of Exhibit B, attached hereto. In addition to said plan, and prior to release by City of any building permit for the Property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of an exterior lighting plan for security lighting on the building and within the loading area. Such lighting shall be designed as downcast,cut-off luminars. Upon approval by the Director of Planning, Developer agrees to construct, or cause to be constructed, said exterior security lighting on the building and within the loading area as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C,attached hereto. ti 15. BUILDING EXPANSION: Developer has submitted, and City has approved, a plan for a building expansion to the structure on the Property as depicted in Exhibit B, attached hereto Developer agrees that said building expansion shall be implemented and constructed with materials which match the main building and which are in conformance with City Code requirements regarding exterior materials,specifically Section 11.03,Subd.6 of said City Code. 16. MECHANICAL EQUIPMENT SCREENING AND ROOFTOP SATELLITE DISH: Developer has submitted,and City has approved a plan for screening of mechanical equipment and a satellite dish on the Property. Such screening shall be accomplished by use of individual metal screens constructed around each mechanical equipment unit and satellite dish and/or the parapet wall along the east building elevation. Security to guarantee said screening shall be included with that provided for landscaping on the Property,per City Code requirements. If,after completion of construction of the structure on the Property,it is determined by the City, in its sole discretion,that the mechanical equipment,or rooftop satellite dish,does not meet the Cit Code requirements for screening of said mechanical equipment and satellite dish from public streets and differing,adjacent land uses, then City shall notify Developer and Developer shall provide appropriate screening for the visible mechanical equipment or satellite dish so as to meet City Code requirements. Developer acknowledges that City will not release the security provided until any such corrective measures are satisfactorily completed by Developer. 17. SIGNS: Developer has submitted,and City has approved,a plan for signs to be erected for the use on the Property. Developer acknowledges that signs are regulated by the provisions of City Code,Chapter 11,Section 11.70. Said sign plan includes two pylon signs,two monument signs. four wall-signs for the major tenant,and a fifth wall-sign for the pharmacy, all to be built conformance with City Code requirements as follows: A. Wall signs,for walls less than 500 sq. ft.in area,shall not exceed 15%of the wall area of that wall in total size. For walls over 500 sq. ft. in area,the sign area may be 75 sq. ft., plus 5%of the wall area in excess of 500 sq. ft., provided that the maximum sign area for such a wall sign shall be 300 sq. ft. Wall signs shall be erected only in the locations shown in Exhibit B,attached hereto,and shall be built in compliance with City Code Section 11.70, Subd.4.B, 1. B. City Code permits one 80 sq. ft. and two 36 sq. ft. pylon signs. Developer acknowledges that the two 36 sq. ft. pylon signs will be combined into one 72 sq. ft. pylon sign. C. All signs shall be internally lit. D. For each and every sign to be implemented on the Property, Developer shall file an application with the City to display any sign on the Property. Said application shall include a complete description of the sign in a sketch showing its size,location,manner of construction, and such other information as shall be necessary to inform the City of the kind,size,material construction and location of any such sign,all in accordance with the requirements of City Code Section 11.70, Subd. 5. A. 18. ISSUANCE OF OCCUPANCY PERMIT: Developer acknowledges that City will not issue any occupancy permit for the Property until all site improvements,including,but not limited to, grading,drainage,public utilities,architectural treatments,landscaping,screening,lighting,and urban design elements, as depicted in Exhibit B, attached hereto, have been completed by Developer and approved and accepted by City. 19. ENFORCEMENT OF CONDITIONS: Developer acknowledges that a violation of any of the terms or conditions of this Agreement may cause immediate and irreparable harm to the City. Developer specifically acknowledges that City may seek to enforce the terms and conditions of this Agreement and City Code by temporary restraining order, temporary injunction, and injunction,as well as by all other remedies allowed to the City by law. In addition,Developer agrees to pay all cost and expenses,including attorney's fees,which are incurred by the City in enforcing the terms and conditions of this Agreement. Wal-Mart Singletree Plaza OWNERS'SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN WAL-MART STORES,INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1991, by and between BERMEL INVESTMENT COMPANY, a Minnesota limited partnership, SMABY INVESTMENT COMPANY, a Minnesota limited partnership,and the RESOLUTION TRUST CORPORATION,a corporation organized and existing under the laws of the United States of America,all three parties hereinafter jointly referred to as "Owner,"and the CITY OF EDEN PRAIRIE,hereinafter referred to as"City": For,and in consideration of,and to induce City to adopt Ordinance#16-91,amending the zoning of the Property owned by Owner from the Rural District to the Commercial-Regional-Service District,as more fully described in that certain Developer's Agreement entered into as of , 1991,by and between Wal-Mart Stores, Inc.,a Delaware corporation,and City,Owner agrees with City as follows: 1. If Wal-Mart Stores,Inc.,fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the underlying Rural District. 2. This Agreement shall be binding upon and enforceable against Owner,its successors,and assigns of the Property. 3. If Owner transfers such Property,Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. Singletree Plaza CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.No.91-162 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 16-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 16-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 16-91 which is attached hereto, is approved,and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil or six-point type,as defined in Minn.State.sec.331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 16-91 shall be recorded in the ordinance book,along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 17th day of September, 1991. Douglas B.Tenpas, Mayor ATTEST: John D. Frane, City Clerk Singletree Plaza CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary; This Ordinance allows rezoning of land located south of Singletree Lane, east of Prairie Center Drive, west of Eden Road from the Rural Zoning District to the Community Commercial District,subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance,gives the full legal description of this property. effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Franc,City Clerk /s/ Douglas B.Tenpas, Mayor PUBLISHED in the Eden Prairie News on the_day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) Singletree Plaza CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ( RESOLUTION NO.91-127 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WALMART STORES, INCORPORATED FOR SINGLETREE PLAZA WHEREAS, Walmart Stores, Incorporated has applied for site plan approval of Singletree Plaza on 19 acres for construction of a 114,000 square foot commercial use to be known as Singletree Plaza on property located south of Singletree Lane,east of Prairie Center Drive, west of Eden Road zoned Community Commercial District by Ordinance No. 16-91 adopted by the City Council on September 17, 1991;and, WHEREAS,the Planning Commission reviewed said application at a public hearing at its August 19, 1991 Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 17, 1991 meeting; NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Walmart Stores, Incorporated for Singletree Plaza for construction of a 114,000 square foot commercial use based on plans dated August 9, 1991,subject to the terms and conditions of that certain Developer's Agreement between Walmart Stores,Inc.a Delaware corporation,and the City of Eden Prairie - (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement,dated as of September 17,1991,entered into between Berme!Investment Company, a Minnesota limited partnership,Smaby Investment Company,a Minnesota limited partnership, and the Resolution Trust Corporation,a corporation organized and existing under the laws of the United States of America, and the City of Eden Prairie (hereinafter "Supplement"), dated September 17, 1991, for said construction. ADOPTED by the City Council on September 17, 1991. Douglas B. Tenpas, Mayor } ATTEST: John D. Frane, City Clerk .;.1^ 9 ( MEMORANDUM TO: Mayor and City Council THRU: Carl Jn11ie,City Manager FROM: Bob Lambert, Director of Parks,Recreation and Natural Resources C DATE: September 11, 1991 SUBJECT: Request Authorization to Begin Selection Process for Architects to Provide Design Services for an Addition to the Eden Prairie Community Center City staff request Council authorization to advertize for architectural firms to provide professional design services for the addition of a second ice sheet at the Eden Prairie Community Center. Attached to this memo is a copy of a Request for Proposal for design services for the second ice sheet project that includes a small expansion of the central office area to allow all of the staff responsible for managing the facility to be officed in the same area,and to include the redesign of the entry to the Community Center that the Council reviewed in the fall of 1990. The estimated cost for this project is 1.6 to 1.8 million dollars,depending on whether or not the City chooses to construct an Olympic size sheet of ice or a regulation sheet of ice. This RFP requests developing specifications that would allow bidding for both size rinks. At this time,the Hockey Association representatives and City staff recommend constructing an Olympic size ice - rink. The proposed timetable would require staff to interview architectural firms during the week of October 2 1 st and to make a recommendation to the City Council on the architectural firm at the November 5th meeting. The timetable also anticipates going to bid on this project in mid-March of 1992 with bids being awarded on April 21, 1992 and the project substantially complete on January 1, 1993. City staff recommends funding this project through the I Pace Revenue Bond procedure as previously reviewed with the City Council,and our bond attorney. request/bob elf=/n REQUEST FOR PROPOSAL EDEN PRAIRIE COMMUNITY CENTER ADDITION EDEN PRAIRIE COMMUNITY CENTER 16700 VALLEY VIEW ROAD, EDEN PRAIRIE, MINNESOTA 55346 SECTION I. GENERAL INFORMATION A. OBJECTIVE The purpose for the Request for Proposal(RFP)is to obtain quotations for the design of an addition to the Eden Prairie Community Center, located in Round Lake Park. B. ISSUING OFFICE The RFP is issued by the City of Eden Prairie's Parks,Recreation and Natural Resources Department. All correspondence regarding this RFP must be addressed to: City of Eden Prairie, Parks, Recreation and Natural Resources Department, 7600 Executive Drive, Eden Prairie, Minnesota 55344(612-937-2262). C. CONTRACT ADMINISTRATOR Following the signing of the contract,all communications concerning the contract must be directed to Robert Lambert, the Contract Administrator, at 7600 Executive Drive, Eden Prairie, Minnesota 55344. D. INCURRING COSTS The City of Eden Prairie is not liable for any cost incurred by perspective architects prior to the signing of the contract. E. PRE-PROPOSAL MEETING/OUESTIONS A pre-proposal submittal meeting will be held Thursday, September 26, 1991, at 9:00 a.m., at the Eden Prairie Community Center, 16700 Valley View Road, Eden Prairie, Minnesota. The purpose of this meeting will be to discuss with prospective consultants the work to be performed and allow them to ask questions arising from the review of the RFP. The pre-proposal submittal meeting is for information only. Any answers furnished will not be official until verified in writing by the Department of Parks, Recreation and Natural Resources. Answers that change or substantially clarify the RFP will be affirmed in writing;copies will be provided to all who have been mailed an RFP. 1 : 1 i F. PROPOSALS To be considered,each firm must submit a complete response to this RFP, using the t format provided in Section III. No other distribution of proposals is to be made by the submitter. The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The proposal must include a statement as to the period during , which the proposal remains valid. This period must be at least sixty(60)days from the { due date for proposal to this RFP. G. ACCEPTANCE OF PROPOSAL CONTENT The contents of this RFP and the proposal will become contractual obligations, if a contract ensues. Failure of the selected consultant to accept these obligations may result in cancellation of the award. H. SELECTION CRITERIA Responses to this RFP will be evaluated hacPd upon a two-step selection process. The {, first step will involve an evaluation of the following factors as presented in the I submitter's RFP. Evaluation will be completed by a committee composed of City of ], Eden Prairie staff. 1. Firm's qualifications, past experience and design approach Total 70 points). a. PROFESSIONAL QUALIFICATIONS-20 POINTS The written proposals should indicate the: 1 - Qualifications of the firm's personnel measured by education and j experience,especially the specific person(s)that would be working on this project: I - Ability of the firm to meet the timetable identified for the project; t and f - History of the firm,in terms of length of existence, size,etc. i b. PAST INVOLVEMENT WITH SIMILAR PROJECTS-25 POINTS THE WRITTEN PROPOSAL SHOULD INDICATE THE: '1. - Firm's experience in designing and constructing similar public buildings of this scale; - Firm's experience in working the public/citizen input on project t design. c. STATEMENT OF DESIGN APPROACH-25 POINTS i The written proposal must discuss the design approach or concepts which 1 would be pursued, for this project. Firms must consider the work statement and facility program elements in their design approach. .i 2 The selection committee will review and screen the initial submittals, and then invite 3-4 firms to interview and present a more detailed proposal. 2. INTERVIEW AND FEE PROPOSAL-(TOTAL 30 POINTS) a. INTERVIEW-30 POINTS Selected firms will be given the opportunity to discuss, in more detail, their qualifications,past experience with similar public projects and their proposed design approach. b. FEE QUOTATIONS Fee quotations are to be submitted as a not to exceed fee. An explanation including all services covered under the not to exceed fee must be described as well as items, if any, that are not covered by the not to exceed fee. Final selection recommendations by the committee will be based upon cumulative points from step I and step II. The selection committee's recommendation will be submitted for consideration to the City Council at the November 5, 1991 meeting. I. CHANGES IN THE RFP Changes made to the RFP as a result of response made to questions or concerns raised at the pre-proposal submittal meeting or through correspondence will be put in writing to each prospective consultant prior to seven(7)calendar days before the date of opening of the sealed proposals. J. SEALED PROPOSAL RECEIPT Proposals must arrive at the Department of Parks,Recreation and Natural Resources on or before the date and time specified on page 8 of the RFP. Prospective submitters are responsible for the timely receipt in the Department of Parks, Recreation and Natural Resources of their proposal. Late proposal will not be considered.or accepted. K. DISCLOSURE All information in a submitter's proposal, except fee analysis, is subject to disclosure under the provisions of Minnesota Statute Chapter 13 "Minnesota Government Data Practices Act." L. RIGHT TO REJECT BIDS The City of Eden Prairie reserves the right to award the total proposal,to reject any and all proposals in whole or in part, and to waive any informality or technical defects, in City's judgement, the best interest of the City will so served. In determination of awards,the qualification of the proposal submitter,the conformity with the specifications of services to be supplied and the delivery terms will be considered. 3 M. COST LIABILITY The City assumes no responsibility of liability for costs incurred by the consultant prior to the signing of this agreement. Total liability of the City of Eden Prairie is limited to the terms and conditions of this agreement. SECTION II WORK STATEMENT The architect selected will be responsible for the design, preparation of originals for bidding . documents, and construction inspection of the Community Center Addition. The estimated construction budget for the building is 1.6 to 1.8 million dollars. This allowance does include general site work, building services (sewer, water, electrical, telephone), consultant fees, furnishings and contingency. All plans and specifications must receive the required approvals from the City of Eden Prairie and any/all other permits/reviews in accordance with the building code and regulations for buildings of this type and size. The Eden Prairie Community Center is a multi-purpose building that presently provides a regulation indoor hockey rink,three racquetball courts,two meeting rooms, a swimming pool and fitness area. The expansion of this facility is limited to a second indoor ice rink either 85x200 or 100x200,both sizes to be bid,as well as duplication of the team locker rooms and skate change area located on the end of the existing rink. This project will also include some modifications of the central office space expanding offices into the two adjacent team locker rooms,and replacing those two team locker rooms on the west end of the new ice rink. An exterior entry will also be a component of this Community Center addition. These additions should not compromise potential future expansion that would include a double gymnasium,expanded locker rooms,a teen center and a child care center. Although the existing expansion will only include the second ice sheet and office areas mentioned,the architect will be required to depict future expansion potential of the facility. IMPORTANT NOT& The expansion of this facility is to match the interior and exterior of the existing building as closely as possible with construction materials and architectural style. 1 4 SPECIFIC COMPONENTS OF THE COMMUNITY CENTER ADDITION INCLUDE: 1. Ice Arena-up to 25,000 square feet The size of the ice arena will depend on the final decision on whether or not a regulation ice rink is constructed or an Olympic size sheet of ice. Rink area walls and ceiling are to be painted similar to existing facility. Concession area to be constructed"inside"the addition. It is anticipated that no cooking will take place in this secondary concession stand. Dasher board system to include steel framing and one-half inch white polyethylene facing with three foot high acrylic at rink side and five foot high acrylic at rink ends. Included are two standard team boxes, two standard penalty boxes and one standard scores/timers box. Tempered glass with acrylic shielding should be bid as an add altemate. Bleacher to accommodate approximately 350 spectators should be provided, and should be constructed to allow for storage underneath if possible. 2. Team Locker Rooms,Toilet Facilities and Storage Area Four team locker moms, a skate change area and restroom similar to the facilities provided in the existing rink should be provided on the west end of the rink,as well as the two team locker rooms that must be replaced due to the office expansion that is occurring adjacent to the first rink. A storage room and a chlorine room with access to the exterior must also be provided in this portion of the building. 3. Zamboni Room Expansion The existing Zamboni room will have to be expanded to accommodate a second Zamboni and an enlarged snow melting pit. This may require eliminating or reducing the size of the Figure Skating Club Room. 4. Central Office Expansion-320 square feet The two team locker rooms abutting the central office will be expanded into the central office. The team locker room adjacent to the ice rink will be developed into the Community Center Manager's Office, while the locker room facing the pool will be developed into the Aquatic Supervisor's office. It is desirable to provide direct access to the pool deck from this office. 5. Entry to the Community Center and Pedestrian Sidewalks This project should also include a redesigned entry to the Community Center that would include an improved access road from Valley View Road,limited short term parking and a safer pick-up/drop-off area, as well as a more functional pedestrian access to the building(front and rear). 6. Total Estimated Building Square Feet Addition Approximately 27,675 Square Feet 5 7. Other Considerations In addition to the specific requirements identified above, the following items should be considered for the project: a. Building design should accommodate operation of the facility with a minimum number of staff. b. The structure is to be handicap accessible. c. Exterior lighting should be provided on the building. d. Interior racks,cabinets,shelving necessary for each use space shall be included. e. Security alarm system f. Air Conditioning-The office space, the expanded lobby and meeting room. g. Dehumidification System for ice area h. Consider possibility of air conditioning one of the ice rinks for summer dry floor events with cold air from the maintained rink. i. Architect must work with School District to plan for expansion of School district locker rooms and entry on the west side of the rink facing the high school,and to accommodate pedestrian traffic entering the building from the west to the main lobby. j. Future building expansion for additional meeting rooms,etc.in the area above the existing Zamboni Room and North Star Locker Room,as well as expansion of a gymnasium west of the swimming pool and south of the proposed ice arena •addition. PROPOSED TIMETABLE 1. Pre-proposal Submittal Meeting_Thursday,September 26,9 a.m.. 2. RFP Submittal Deadline-Thursday, October 10, 2 p.m. 3. Interviews with final three or four firms week of October 21st. 4. Director of Parks, Recreation and Natural Resources recommends consultant to City Council - November 5th. 5. Consultant receives project input from City staff and commences design phase - November 18, 1991. 6. City Council approves design phase and cost estimates and consultant commences construction document phase-January 7, 1992. 7. Consultant concludes construction documents phase and advertizement for bids placed- March 17, 1992. 8. City Council awards bids-April 21, 1992. 9. Project Substantially Complete for Occupancy-January 1, 1993. 6 n �� GENERAL COMMENTS RELATED TO SCOPE OF WORK 1. Study models will not be required;however,the consultant may choose to use models to illustrate the proposed design. 2. Public Meetings-The consultant will attend at least two meetings of the City Council; one upon completion of the design phase of the project and the other at the time of bid award. Informal review meetings with City staff will be ongoing throughout the duration of the project. Other meetings with various commissions or committees may be necessary. 3. Building design to include all interior fixtures, signage, etc., for a complete, usable structure. Participate with City staff in furnishings selection, i.e.carpet and furniture. SECTION III-INFORMATION REQUIRED FROM ALL PROPOSAL SUBMITTERS A. PROFESSIONAL OUALIFICATIONS 1. State the full name and address of your organization,and,if possible,the branch office or other subordinate element that will perform or assist in performing the work hereunder. Indicate whether it operates as an individual, partnership,or corporation;if as a corporation,include the state in which it is incorporated. If appropriate,state whether it is licensed to operate in the state of Minnesota. 2. Manpower-Include the number of executive and professional personnel by skill and qualification that will be employed in the work. Show where these personnel will be physically located during the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the study or project,. Identify individuals by name and title who will do the work o this project. Resumes or qualifications are required for proposed project personnel. 3. State history of the firm, in terms of length of existence,etc. B. PAST INVOLVEMENT WITH SIMILAR PROJECTS List specific types of experience your firm has had in the following areas: 1. Design and construction of public recreation facilities. 2. Experience in working with public-citizen groups on design development and review. 7 C. BRIEF STATEMENT OF DESIGN APPROACH Submit written narrative of the design concepts and approach which you may utilize for the project. Further,this narrative could be supported by sketches or graphic material that would illustrate alternative approaches which may be considered for the project,as you feel are necessary at this stage of evolvement(optional). D. FEE OUOTATION Submit in a separate envelope,with the envelope clearly labeled: I} FIRM NAME FEE PROPOSAL FOR EDEN PRAIRIE COMMUNITY CENTER ADDITION Cite your firm's fee for all phases of the project (schematic design, design development, construction documents,bidding,construction,etc.). E.. AUTHORIZED NEGOTIATOR Include the name and phone number of person(s) in your organization authorized to negotiate the proposed contact with the City of Eden Prairie. F. ADDITIONAL INFORMATION AND COMMENTS Include any other information that is believe to be pertinent not specifically asked for elsewhere. G. DEAD INE FOR SUBMITTAL OF PROPOSAL, One copy of the proposal must be received at the following address on or before 2:00 p.m.,C.S.T.,Thursday,October 10, 1991. City of Eden Prairie 7600 Executive Drive Eden Prairie,Minnesota 55344 Attention: Robert A. Lambert, Director of Parks, Recreation and Natural Resources 8 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.91-209 A RESOLUTION APPROVING FINAL PLAT OF TITUS ADDITION WHEREAS,the plat of Titus Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Titus Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 12, 1991. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 17, 1991. Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk { MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician . • DATE: September 12, 1991 SUBJECT: Titus Addition (Resolution 91-209) PROPOSAL: Super Valu Stores, Inc.have requested City Council approval of the final plat of Titus Addition. Located at the northwest corner of West 78th Street and Prairie Center Drive, the plat contains 11.56 acres to be divided into one lot,one outlot, and right-of-way dedication for street purposes. Lot one will be the future site of the Cub Foods project and Outlot A will be developed at a future date. HISTORY: The preliminary plat was approved by the City Council February 19, 1991 per Resolution No. 91-32. Second Reading of Ordinance No.6-91, changing zoning from R1-22 and Public to C- Regional Service District,was finally read and approved at the City Council meeting held June 18, 1991. The Developer's Agreement referred to within this report was executed June 18, 1991. VARIANCES: Variances were granted through the Board of Appeals by Final Order No.91-07 and 91-013. A variance will be necessary from City Code 12.20Subd.2.A.waiving the six-month maximum time elapse between the approval date of the preliminary plat and filing of the final plat. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The owners will be installing all municipal utilities and streets within Den Road in accordance with City Code and the Developer's Agreement requirements. • There is an off-site storm sewer system required to serve this project that will he constructed under a City improvement contract. As defined in Item 4 of the Developer's Agreement, the Developer shall enter into a special assessment agreement with the City that defines the Developer's portion of cost for storm sewer system. This agreement must be executed prior to release of the final plat. Final Plat-Titus Addition f September 12, 1991 \ Page 2 of 2 Item 3 of the Developer's Agreement requires prior to release of the final plat that the Developer's submit to the City an indemnification agreement for up to 50%of the cost of street and utility construction for the possible upgrading of Leona Road. PARK DEDICATION: The requirements for park dedication are covered in the Developer's • Agreement. BONDING: Prior to release of the final plat financial security for the installation of public utilities and the extension of public street must be provided. RECOMMENDATION: Recommend approval of the final plat of Titus Addition,subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of special assessment agreement for off-site storm sewer system. 2. Receipt of indemnification agreement for the possible upgrading of Leona Road. 3. Receipt of street sign fee in the amount of$478. 4. Receipt of street lighting fee in the amount of$2,700. 5. Receipt of engineering fee in the amount of$1,156. JJ:ssa cc: Pat Groeper, Super Valu Stores Jack Bolk,Eagan Field and Nowak • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.91-210 A RESOLUTION APPROVING FINAL PLAT OF DONNAYS EDENVALE THIRD ADDITION WHEREAS, the plat of Donnays Edenvale Third Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Donnays Edenvale Third Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 12, I991. • B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. 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 September I7, 199I. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: September 12, 1991 rs I SUBJECT: Final Plat of Donnays Edenvale Third Additions`,,11 '.J \J PROPOSAL: Sunset Homes Corporation has requested City Council approval of the final plat of Donnays Edenvale Third Addition. Located north of Leslie Lane and south of the Soo Line Railway, the plat contains 1.39 acres and is a replat of Outlot A of Donnays Edenvale Addition. This proposal is Phase II of the three-phase townhouse project and this lot will contain 14 townhouse units. HISTORY: The preliminary plat was approved by the City Council September 18, 1990, per Resolution No. 90-239. Second reading by the City Council of Ordinance No. 36-90, Zoning District Amendment within the RM-6.5 District, was finally read and approved November 13, 1990. The Developer's Agreement referred to within this report was executed November 13, 1990. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: This proposal will require the extension of previously installed municipal watermain, sanitary sewer, and storm sewer. This work will be done in conformance with City Standards. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding for the extension of municipal utilities must be provided prior to release of the final plat and must be in conformance with the requirements of City Code. RECOMMENDATION: Recommend approval of the final plat of Donnays Edenvale Third Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of$250. 2. Satisfaction of bonding requirements. JJ:ssa cc: Paul Donnay,Sunset Homes, Inc. Ray Prasch, Lots Surveys, Inc. -MEMORANDUM- ( TO: Mayor and City Council THROUGH: Eugene A.Dietz,Director of Public Works FROM: Mary Krause, Project Engineer DATE: September 12, 1991 SUBJECT: I.C.52-239 1991 Lime Sludge Removal and disposal Award of Contract In 1990 the contract for the removal and disposal of lime sludge on agricultural land was awarded to Ace Blacktop,Inc.,based on their low bid. At that time the contractor also submitted a bid price for sludge removal in 1991 as a second year option based on agreement of both the contractor and City as called out in the project specifications. Beginning in 1991 the Agricultural Liming Materials Law came into existence. This law requires that producers and distributors of agricultural lime obtain a license from the Minnesota Department of Agriculture. The licensing requires information regarding the production location, application location, volume distributed and chemical analysis of the lime material as well as the identification of vehicles transporting the lime material. I contacted Ace Blacktop regarding the licensing requirements that they would need to undertake as a distributor of agriculture lime. Ace Blacktop has requested an adjustment of an additional$716 to their 1991 lime sludge removal bid of$119,550 to cover the additional expenses of the licensing requirements. The licensing requirements of 1991 were not anticipated at the time of actual bidding. The request by Ace Blacktop for$716 to cover the licensing appears to be a very reasonable figure. Based on the satisfactory performance of Ace Blacktop,Inc.,on last year's sludge removal project,it is recommended that the Council award I.C. 52-239 to Ace Blacktop, Inc.,in the total amount of$120,266. MK:ssa Dsk.CC.52-239 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.91-211 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C.52-239-Lime Sludge Removal and Disposal bids were received, opened and tabulated according to law. Those bids were received in 1990 as a second-year option to be excercised in a 1991 contract award; WHEREAS, the City Engineer recommends award of Contract to ACE BLACKTOP,INC. as the lowest responsible bidder. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Ace Blacktop, Inc. in the name of the City of Eden Prairie in the amount of $120,266.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on September 17, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk j CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.91-212 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS,the proposed sanitary sewer to be constructed in Boulder Pointe 2nd Addition requires a connection to the Metropolitan Waste Control Commission(MWCC)interceptor system;and • WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Engineer is here authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities"to the Metropolitan Control Commission. ADOPTED by the Eden Prairie City Council on September 17, 1991. Douglas B.Tenpas,Mayor ATTEST: SEAL John D. Frane, Clerk 1 CITY OF EDEti PRAIRIE HENNEPIN COUNTY, MINNESOTA !t RESOLUTION NO. 91-217 RESOLUTI0 AUTHORIZING THE EXPENDITURE;OF LAWFUL GAMBLING VENUES ON COMMUNITY SERVIC,.% PROGRAMS AND POLICE PROTECTION WHEREAS, the City Council, "th the passagelof Ordinance 34-90, did establish a 10% tax on organi•ations licensed to conduct lawful gambling; and WHEREAS, said Ordinance states .at the City shall disburse such tax receipts on lawful purposes; and WHEREAS, the City Council wishes t. -make these revenues available for expenditure on community service an• police protection activities. NOW, THEREFORE, BE IT RESOLVED, that he City Council defines "lawful purposes" to be community service pro: ams and police protection activities administered through the Ci "s General Fund. ADOPTED this day of , 1991. Douglas B. Tenpas, Mayor ' I, ATTEST: John D. Frane, City Clerk ao59 Starring Highlands 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA !s. RESOLUTION NO.91-206 K A RESOLUTION APPROVING THE PRELIMINARY PLAT OF STARRING HIGHLANDS 2ND ADDITION FOR TOM LOFQUIST • BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Starring Highlands 2nd Addition for Tom Lofquist dated August 23, 1991,consisting of 3.7 acres, a copy of which is on file at the City Hall, is found to be in p. conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto,and is herein approved. ADOPIE'D by the Eden Prairie City Council on the 17th day of September, 1991. Douglas B. Tenpas, Mayor ATTEST: { 't. John D. Franc,City Clerk are 20 Planning Commission August 26, 1991 Page Nine Hallett was concerned about a convenience store being successful in this location. • Norman believed that other uses would bring more business to the area. B. STARING HIGHLANDS 2ND ADDITION by Tom Lofquist. Request for Preliminary Plat of one acre into two single family lots within the R1-22 Zoning District. Location: North of Ridge Road, west of Staring Lane East. (A public hearing) Tom Lofquist, proponent,presented plans to divide the one acre parcel into two parcels to construct single-family homes. Lofquist stated that he and his partner were excavators and builders. Sandstad asked if two homes would be constructed or if one home was existing. Lofquist stated that this would be the construction of two new homes. Norman asked where the driveways would be located. Lofquist replied the driveways would exit onto Staring Lane. Norman asked if the driveways could exit onto Gopher Lane. Lofquist replied that this would not be feasible. Lofquist believed that this project would be a definite improvement to the area. Sandstad asked why the home was set so far west on the lot. Lofquist replied that he had been the builder of the home to the left and in consideration of the existing neighbors spectacular view had located the home to the west. Franzen reported that Staff recommended approval of the project based on the recommendations outlined in the Staff Report. He noted that the plan would need to be reviewed by the Board of Appeals. MOTION 1: Norman moved,seconded by Hawkins to close the public hearing. Motion carried 5-0-0. MOTION 2: Norman moved,seconded by Hawkins to recommend to the City Council approval of the request of Tom Lofquist for Preliminary Plat of 1.01 acre into two single family lots based on plans dated August 23, 1991, subject to the recommendations of the Staff Report dated August 23, 1991. Motion carried 5-0-0. STAFF REPORT ( TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Chris Enger, Director of Planning DATE: August 23, 1991 SUBJECT: Staring Highlands 2nd Addition LOCATION: Northwest corner of Ridge Road and East Staring Lane APPLICANT: Tom Lofquist FEE OWNER: Brian Ohland REQUEST: Preliminary Platting of 1 acre into 2 single family lots. BACKGROUND NJA 7 The Comprehensive Guide Plan depicts this ,r.� , a:-o. ; ti. • site and surrounding sites as Low Density i Residential. The property was zoned R 1-22 - 642 :' '.4,4•j(TT /;�,,b`S in 1969 as part of Ordinance 135. R o c.. •., 1, ,.1 Surrounding properties are all single family . i : _ `� R1-22 lots. Staring Lane is currently being , ` ,., r ) .••- 1 -- upgraded, providing for a bituminous j x \\ roadway, City sewer and water and storm •1 sewer. Based on the current Developer's "I -f/ Agreement for this property,the request to subdivide into two lots is contingent upon > _ RM-6.5 providing adequate storm water handling via ! I' the current roadway improvement and to return to the Planning Commission and City 1 : i 1 • _ Council for approval. I - ----,-�\ r_- %1 J.j ' �t . 7,4 �� , 7 PROPOS D SITE PRELIMINARY PLAT _ - , '•, x I i-_ i ' 1 22 . -),. I - The request is to subdivide one acre into two #:lc ep.I' ,� ` '( g, single family lots. Lot size and dimensions '-',.,,'4 ;: .. j - / c •meet City code for the RI-22 Zoning '/;.. i. District. A front yard setback variance will 1 �`-*ill": / be required for proposed Lot I to 30 feet .-1 4'.i�:':� . I from the required 44 feet average AREA LOCATION MAP C. } Staring Highlands 2nd Addition Staff Report Page Two setback for the area. This variance may have merit since shifting the house further back would encroach into the existing drainage and utility easement established for storm water handling and would require additional fill to meet elevation requirements. GRADING AND DRAINAGE This property slopes from an elevation of 880 in the southwest corner to 850 in the northeast corner. There is no significant vegetation on this site,and all proposed grading will not exceed a 3:1 slope. Filling will be required on proposed Lot 1 to establish a proper house pad elevation. A roadway upgrading project is currently underway for Staring Lane including the installation of a storm water handling system. A storm water pipe will be installed on this property at an elevation of 857.8 to provide an outlet for the lowland area. The 100 year flood plain elevation for this lowland area has been established at 858.2 with the lowest floor elevation proposed at 860.5,or 2 feet above this flood elevation. UTILITIES City sewer and water is being provided to the site as part of the roadway upgrading. Both of the proposed lots will connect to these City services. RECOMMENDATIONS Staff would recommend approval of the preliminary plat of one acre into two single family lots based on plans dated August 23, 1991, and subject to the following: 1. Prior to grading permit issuance, the proponent shall submit a detailed erosion control plan to the City Engineer and Watershed District for review. 2. Prior to building permit issuance, the proponent shall: A. Receive a variance from the Board of Appeals and Adjustments for a front yard • setback of 30 feet from the required 44 foot average setback established for the area. B. Pay the cash park fee. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.91-208 #l# A RESOLUTION APPROVING FINAL PLAT OF STARRING HIGHLANDS 2ND ADDITION WHEREAS, the plat of Starring Highlands 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS,said plat is in all respects consistent with the City.plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Starring Highlands 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 11, 1991. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. 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 September 17, 1991. Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Franc,Clerk MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: September 11, 1991 SUBJECT: Final Plat of Starring Highlands 2nd Addition (Resolution 91-208) PROPOSAL: The owner, Brian J. Ohland,has requested City Council approval of the final plat of Starring Highlands 2nd Addition. Located west of Staring Lane and north of Ridge Road in the South Half of Section 21, the plat contains 1.01 acres to be divided into two single family lots. This proposal is a two-lot subdivision of Lot 1,Block 1, Starring Highlands. ' HISTORY: The preliminary plat is scheduled for City Council approval September 17, 1991 per Resolution No.91-206. This property was zoned RI-22 in 1969 by Ordinance No. 135. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities are currently being installed through this area by a public improvement contract for the Starring Lane and Ridge Road neighborhood. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Starring Highlands 2nd Addition subject to the requirements of this report and the following: 1. Receipt of engineering fee in the amount of$250. 2. Receipt of special assessment agreement for Staring Lane/Ridge Road utility and street improvements. JJ:ssa cc: Tom Loftkus Ron Krueger and Associates SEPTEMBER 17.1991 18139 FEDERAL RESERVE BANK PAYROLL 8/9 & 8/23 200.00 18140 FIRST BANK EDEN PRAIRIE PAYROLL 8-23 76422.72 g141 GREAT WEST LIFE ASSURANCE CO PAYROLL 8-23 6449.00 12 HENN CTY SUPPORT & COLLECTION SER PAYROLL 8-23 194.76 _43 ICMA RETIREMENT TRUST-457 PAYROLL 8-23 2148.72 18144 INTERNAL REVENUE SERVICE PAYROLL 8-23 32.00 18145 MN DEPT OF REVENUE PAYROLL 8-23 14613.54 18146 MN STATE RETIREMENT SYSTEM PAYROLL 8-23 50.00 18147 MN TEAMSTERS CREDIT UNION PAYROLL 8-23 25.00 18148 EXECUTIVE DIRECTOR-PERA PAYROLL 8-23 112.50 18149 EXECUTIVE DIRECTOR-PERA PERA DEFINED CONTRIBUTION PLAN-COUNCIL 374.89 18150 EXECUTIVE DIRECTOR-PERA PERA DEFINED CONTRIBUTION PLAN-COUNCIL 268.75 18151 EXECUTIVE DIRECTOR-PERA PAYROLL 8-23 33483.01 18152 UNITED WAY PAYROLL 8-23 215.25 18153 H A HOLDEN CAPACITORS-FIRE DEPT 14.04 18154 SUPPLEES 7 HI ENTER INC SEPTEMBER 91 RENT-LIQUOR STORE 5312.87 18155 MINNESOTA BOOKSTORE CODE BOOKS-BUILDING INSPECTIONS DEFT 71.68 18156 IACCI CONFERENCE-POLICE DEPT 150.00 18157 LEAGUE OF MINNESOTA -CONFERENCE-HUMAN RIGHTS & SERVICES 120.00 CO1'AfISSION 18158 NORTHERN STATES POWER CO SERVICE 23216.12 18159 U S WEST CELLULAR INC SERVICE 423.14 18160 GAIL BENTS -REFUND-SUPERIOR TRAIL HIKE-SENIOR CITIZENS 50.00 PROGRAM 18161 AL &MARGARET CROGAN -REFUND-STATE FAIR TRIP-SENIOR CITIZENS 12.00 PROGRAM 18162 RON ESS REFUND-DAY CAMP PROGRAM 48.00 18163' JAN FARMER REFUND-DAY CAMP PROGRAM 45.00 ir'164 MARK FINGER REFUND-STARING LAKE PARK BUILDING RENTAL 26.63 ihk 35 ANNE FLORENZANO REFUND-MEMBERSHIP FEE 25.00 1oi68 MAGGIE HESSIAN -REFUND-MOONLITE CRUISE-SENIOR CITIZENS 5.00 PROGRAM 18167 MICHAEL KANE REFUND-SWIMMING LESSONS 66.00 t8168 SUE MIELKE REFUND-AQUA AEROBICS CLASS 15.00 18169 JACQUELYN RENKEN REFUND-DAY CAMP PROGRAM 45.00 18170 TUCK RENSHAW REFUND-CANOE LESSONS 10.00 18171 ST ANDREWS LUTHERAN CHURCH -REFUND-STARING LAKE AMPHITHEATRE & PICNIC 115.00 KIT RENTAL 18172 KAREN TINUCCI REFUND-MEMBERSHIP FEE 25.00 18173 MARY WATTS -REFUND-MOONLITE CRUISE-SENIOR CITIZENS 5.00 PROGRAM 18174 TWIN CITY AREA LABOR MGMT COUNCIL -CONFERENCE-ADMINISTRATION/PUBLIC WORKS 125.00 DEPT/PARKS DEPT 18175 BIRTCHER WELSH SEPTEMBER 91 RENT-CITY HALL 21876.74 18176 HENNEPIN COUNTY PROPERTY TAX DEPT -STATE DEED TAX FOR JACQUES PROPERTY-RILEY 158.40 LAKE PARK 18177 PETTY CASH-POLICE DEPARTMENT EXPENSES-POLICE DEFT 30.47 18178 MN DEFT OF REVENUE AUGUST 91 FUEL TAX 571.70 18179 JASON-NORTHCO PROP LPtt1 SEPTEMBER 91 RENT-LIQUOR STORE 7026.29 18180 ANCHOR PAPER COMPANY COPY PAPER-POLICE DEPT 252.84 13181 AT&T SERVICE 40.75 18182 AT&T SERVICE 241.65 18183 PETTY CASH CHANGE FUND-PROGRAM SUPERVISOR 50.00 18184 CEAM CONFERENCE-ENGINEERING DEPT 30.00 ( 35 MINNESOTA TWINS ADULT PROGRAMS/FEES PAID 463.00 19525726 s SEPTEMBER 17,1991 • 18186 JIM STUKEL -SERVICE-BOUNDARY WATERS CANOE TRIP GUIDE/ 1350.00 FEES PAID c187 MN DEPT OF REVENUE CONFERENCE-CITY MANAGEMENT STAFF 585,00 188 ADP/UCM CONFERENCE-FINANCE DEPT 88' !) 189 DELEGARD TOOL CO -AIR REGULATOR/LUBRICANT/SANDBLASTING 21:_i8 LENS/NOZZLE-EQUIPMENT MAINTENANCE 16190 POSTAGE BY PHONE SYSTEM POSTAGE FOR METER-POLICE DEPT 1500.00 18191 U S WEST COMMUNICATIONS SERVICE 1756.98 18192 MINNCOMM PAGING -AUGUST 91 PAGER SERVICE-UTILITIES DIV/ 81.05 STREET MAINTENANCE 18193 JAN NELSON -MINUTES-CITY COUNCIL/HUMAN RIGHTS & 225.00 SERVICES COMMISSION 18194 RUFF-CUT MOWING SERVICE-FORESTRY DEPT 390.00 18195 DONALDSON COMPANY INC DUST COLLECTOR BAGS-WATER DEPT 1492.95 18196 AMERICAN WATERWORKS ASSOC PUBLICATIONS/DUES-WATER DEPT 158.85 18197 METROPOLITAN WASTE COMMISSION -1991 REIMBURSEMENT FOR REPAYMENT OF 62130.00 DEFERMENT 18198 MN DEPT OF REVENUE CONFERENCE-PLANNING DEPT 65.00 18199 MARJORIE HITCHCOCK -REFUND-STATE FAIR TRIP-SENIOR CITIZENS 3.00 PROGRAM 18200 VERDA HOPSTER -REFUND-STATE FAIR TRIP-SENIOR CITIZENS 3.00 PROGRAM 18201 FEIST BLANCHARD CO -ROTORS/WHEEL NUTS/GASKETS/BRAKE PADS- 288.17 EQUIPMENT MAINTENANCE 18202 GENUINE PARTS COMPANY -BRUSHES/SEALANT/GAUGES/MANUALS/RAIN SUITS/ 1694.14 -CASTERS/LUBRICANT/V-BELTS/TEMPERATURE -SENSOR/EXHAUST PIPES/MUFFLERS/TAIL PIPES/ ' -FUEL PUMPS/LAMP/FILTERS/TOOL BOX/FUSE C -HOLDERS/CALIPERS/U-BOLTS/PIPE GUARD/ -VALVES/IGNITION COIL/SANDING DISCS/BALL -JOINTS/CABLES/SPRAYER/SWITCHES/FITTINGS/ -HOSE ENDS/BROOM/WATER PUMP/ROTOR/SEAT -BELT/PAINT-FIRE DEPT/EQUIPMENT MAINT/ ` UTILITIES DIVISION 18203 INTERNAL REVENUE SERVICE TAX LEVY ON CITY SUPPLIER 284.62 18204 JOHN E REID & ASSOCIATES CONFERENCE-POLICE DEPT 2275.00 18205 CALIBRE PRESS INC SCHOOL-POLICE DEPT 149.00 18206 DANA GIBBS SERVICE-PACKET DELIVERY 149.00 18207 HOPKINS POSTMASTER POSTAGE-COMMUNITY NEWSLETTER 2203.36 18208 FIRE CHIEFS CONFERENCE CONFERENCE-FIRE DEPT 105.00 18209 HOLIDAY EXPO 91 TRADE SHOW CONFERENCE-LIQUOR STORE 75.00 18210 US TENNIS ASSOCIATION -TENNIS TRAVEL TEAM MEMBERSHIP FEE/FEES 140.00 PAID 18211 EAGLE WINE CO WINE 487.12 18212 GRIGGS COOPER & CO INC LIQUOR 6073.67 ' 18213 JOHNSON BROTHERS LIQUOR CO LIQUOR 16239.08 18214 ED PHILLIPS & SONS CO LIQUOR 9706.88 13215 PRIOR WINE CO WINE 2088.43 18216 QUALITY WINE & SPIRITS CO LIQUOR 9793.87 18217 ALL AMERICAN BOTTLING CORP MIX 278.85 18218 BEER WHOLESALERS INC BEER 4738.05 18219 DAY DISTRIBUTING CO BEER 9220.40 18220 EAST SIDE BEVERAGE CO BEER 27264.95 8221 HOME JUICE PRODUCTS MIX 34.56 222 KIRSCH DISTRIBUTING CO BEER 3 20 16445746 SEPTEMBER 17.1991 18223 MARK VII DISTRIBUTING COMPANY BEER 21884.95 124 MIDWEST COCA COLA BOTTLING CO MIX 908.29 25 PEPSI COLA COMPANY MIX 563.64 1.426 POGREBA DISTRIBUTING INC- BEER 1238.30 18227 THORPE DISTRIBUTING COMPANY BEER 26174.35 18228 NORTHERN STATES POWER COMPANY SERVICE 29889.07 18229 HOLIDAY EXPO 91 TRADE SHOW REGISTRATION FEE-LIQUOR STORE 70.00 18230 FIRST BANK EDEN PRAIRIE PAYROLL 9/6/91 70781.55 18231 MN DEPT OF REVENUE PAYROLL 9/6/91 13618.41 18232 PETTY CASH -CHANGE FUND-SUNBONNET DAY-HISTORICAL & 200.00 CULTURAL COMMISSION 18233 GORDON KLEHR -SERVICE-HAY RIDES FOR SUNBONNET DAY- 150.00 HISTORICAL & CULTURAL COMMISSION 18234 ROBERT GASCH -ENTERTAINMENT-SUNBONNET DAY-HISTORICAL & 100.00 CULTURAL COMMISSION 18235 JACK PEARSON -ENTERTAINMENT-SUNBONNET DAY-HISTORICAL 181.00 & CULTURAL COMMISSION i8236 JOEL WESTACOTT -SERVICE-SOUND SYSTEM FOR SUNBONNET DAY- 60.00 HISTORICAL & CULTURAL COMMISSION 18237 J L SHIELY COMPANY GRAVEL-STREET MAINTENANCE 108.35 18238 SONJA ANDERSON SERVICE-TEEN WORK PROGRAM 52.00 18239 KEN ANDRS SERVICE-TEEN WORK PROGRAM 19.92 18240 RACHEL DENNIS SERVICE-TEEN WORK PROGRAM 45.72 18241 ELIZABETH DIEM SERVICE-TEEN WORK PROGRAM 9.67 18242 BRIANNA ELFSTROM SERVICE-TEEN WORK PROGRAM 213.92 18243 KIERA ELFSTROM SERVICE-TEEN WORK PROGRAM 110.05 18244 JENNIFER FLIGGE SERVICE-TEEN WORK PROGRAM 106.51 i '45 JEFF GOWAN SERVICE-TEEN WORK PROGRAM 30.00 46 RANDY HANSON SERVICE-TEEN WORK PROGRAM 44.77 18247 LISA HENRY SERVICE-TEEN WORK PROGRAM 14.00 18248 RUSS HILK SERVICE-TEEN WORK PROGRAM 13.12 18249 MIKE JUBERT SERVICE-TEEN WORK PROGRAM 29.35 I3250 MIKE KARPINKO SERVICE-TEEN WORK PROGRAM 29.87 18251 ANDY KELLEY SERVICE-TEEN WORK PROGRAM 44.78 18252 JEFF KOCH SERVICE-TEEN WORK PROGRAM 24.30 18253 JASON LANDRY SERVICE-TEEN WORK PROGRAM 5.25 ' 18254 PAUL LANG SERVICE-TEEN WORK PROGRAM 5.20 18255 DAVID MADSON SERVICE-TEEN WORK PROGRAM 74.28 18256 TINA MARCY SERVICE-TEEN WORK PROGRAM 25.62 , 18257 BEN MCCOY SERVICE-TEEN WORK PROGRAM 38.40 18258 CHARISSA MOBLEY SERVICE-TEEN WORK PROGRAM 6.66 18259 CHRIS MUELLER SERVICE-TEEN WORK PROGRAM 52.50 18260 JENNY RANKIN SERVICE-TEEN WORK PROGRAM 109.57 18261 PETER ROEBER SERVICE-TEEN WORK PROGRAM 10.83 18262 PAUL ROGERS SERVICE-TEEN WORK PROGRAM 125.57 18263 BRAD SANDSTROM SERVICE-TEEN WORK PROGRAM 15.73 18264 JEFF STROM SERVICE-TEEN WORK PROGRAM 5.75 18265 TODD VAN GUILDER SERVICE-TEEN WORK PROGRAM 13.47 18266 SHANNON WALKER SERVICE-TEEN WORK PROGRAM 6.91 13267 JEREMY WOOD SERVICE-TEEN WORK PROGRAM 23.06 18268 BROWN & CRIS INC SERVICE-EDEN HILLS IMPROVEMENTS 36614.38 18269 CENTRAL SANDBLASTING CO INC SERVICE-FIRE HYDRANT PAINTING 9348.31 '327O IMPERIAL DEVELOPERS INC -SERVICE-VALLEY VIEW RD-BITTERSWEET DR TO 173857.24 HOWARD LANE 271 RICHARD KNUTSON INC -SERVICE-SUNRISE CIRCLE & STARING LANE 224519.53 STREET & UTILITY IMPROVEMENTS 61157215 1_ 1 18272 NODLAND CONSTRUCTION CO -SERVICE-MITCHELL RD & SANDY POINTE 30353.92 -ADDITION IMPROVEMENTS/HIGHWAY 5 FRONTAGE ROAD 173 QUALITY SEAL INC SERVICE-RECREATIONAL TRAIL SEALCOATING 336_61 .74 ADVERTISING INCENTIVES SUPPLIES-LIQUOR STORES 19f 3 8275 AERIAL PAINTING INC -PAINTING OF 5 WARNING SIRENS-CIVIL 1050'4oi DEFENSE DEPT 18278 AIRLIFT DOORS INC -REBUILT OPERATOR ON CAR WASH DOOR-POLICE 194.60 BUILDING/CENTER DOOR REPAIR-FIRE STATION 18277 ALEXANDER BATTERY NORTH BATTERIES-FIRE DEPT 115.20 18278 AMERICAN LINEN SUPPLY CO -UNIFORMS-BUILDING INSPECTIONS DEFT/STREET 3687.52 -MAINT/PARK MAINT/EQUIPMENT MAINT/ COMMUNITY CENTER/LIQUOR STORE 18279 AMERICAN RED CROSS -LIFEQUARD TRAINING/FIRST AID WORKBOOKS/ 475.35 -RESCUE MANIKIN RENTALS-POOL LESSONS- COMMUNITY CENTER 18280 AMERICAN SAFETY VIDEO PUBLISHERS -RESCUE VIDEOS & INSTRUCTORS QUIDES-FIRE 999.23 DEFT 18281 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 383.67 18282 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 190.00 18283 EARL F ANDERSEN & ASSOC INC SIGNS/NUMBERS-STREET DEFT 236.70 18284 ANDERSONS GARDEN EXPENSES-FIRE DEPT 25.50 18285 ANDON INC HELIUM TANK RENTAL-SPECIAL EVENTS PROGRAM 29.50 18286 ANDROC PRODUCTS INC WEED CONTROL SPRAY-PARK MAINTENANCE 250.00 18287 ANDRUS AGENCY INC SERVICE-WAL-MART PROJECT ACQUISITION STUDY 255.00 18288 ANIMAL INN CANINE SUPPLIES-POLICE DEFT 32.50 18289 SHIRLEY D APPLEBEE INTERPRETATIVE SERVICE-HEARING IMPAIRED 56.25 PROGRAM 8290 ARMOR SECURITY INC -LOCKS/LOCK REPAIRS/KEYS-FACILITIES DEPT/ 260.25 PARK MAINTENANCE .,291 ARTISANS T-SHIRTS-DAY CAMP PROGRAM/TENNIS PROGRAM 19E. 1 18292 ARTSIGN MATERIALS CO OFFICE SUPPLIES-ENGINEERING DEFT 21.71 18293 ASTLEFORD INTL INC VALVE/AXLE/SHAFTBEARINGS-EQUIPMENT MAINT 560.30 18294 AUTO CENTRAL SUPPLY MUFFLER-EQUIPMENT MAINTENANCE 90.02 1:8295 B & S TOOLS -SAFETY GLASSES/TAPE/MAGNET/VISE GRIPS- 59.05 EQUIPMENT MAINTENANCE 18296 BACHMANS EXPENSES-CITY HALL/POLICE DEFT 136.50 18297 BAILEY NURSERIES INC TREES-FORESTRY DEPT 640.00 18298 BAUER BUILT TIRE & SVC WHEEL ALIGNMENTS-EQUIPMENT MAINTENANCE 158.00 18299 BERGIN AUTO BODY INC -REPAIR & PAINT TRUCK & POLICE VEHICLE- 1229.65 EQUIPMENT MAINTENANCE 18300 BIFFS INC SEPTEMBER 91 WASTE DISPOSAL-PARK MAINT 1105.20 18301 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION 9.00 18302 BLACK DIAMOND SANDBLASTING GRIT-EQUIPMENT MAINTENANCE 0.00 18303 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-ENGINEERING DEPT/ 482.87 -FIRE DEFT/POLICE DEPT/PLANNING DEPT/ COMMUNITY CENTER/WATER DEPT 18304 BLEVINS CONCESSION SUPPLY COMPANY -CONCESSION STAND SUPPLIES-ROUND LAKE 1092.62 CONCESSION 13305 CITY OF BLOOM INGTON -JULY 91 ANIMAL IMPOUND SERVICE-ANIMAL 1149.00 CONTROL DEPT 18306 LOIS BOETTCHER -MINUTES-PARK RECREATION & NATURAL 58.73 RESOURCES COMMISSION 18307 LANCE BRACE SCHOOL-FIRE DEPT 589.78 846760 1 SEPTEMBER 17.1991 18308 BRAUN INTERTEC ENGR INC -SERVICE-SANDY POINTE ADDITION & MITCHELL 4310.53 -RD EXTENSION/SUNRISE CIRCLE IMPROVEMENTS/ EDEN HILLS IMPROVEMENTS (r 3 BRISSMAN KENNEDY INC CLEANING SUPPLIES-FACILITIES DEPT 26.97 1L iO ANTHONY BROIIGH MILEAGE-FORESTRY DEPT 129.50 18311 BRW INC -SERVICE-DELL RD & EVENER WAY FEASIBILITY 20591.78 FEASIBILITY STUDY & FINAL DESIGN 18312 BUCKINGHAM DISPOSAL INC JULY & AUGUST 91 WASTE DISPOSAL SERVICE 2748.35 18313 BRYAN ROCK PRODUCTS INC GRAVEL-PARK MAINTENANCE 45.99 18314 NATHAN D BUCK VOLLEYBALL OFFICIAL/FEES PAID 570.00 18315 BUREAU OF BUSINESS PRACTICE PUBLICATIONS-SAFETY DEPT 52.98 18316 CALC TYPE OFFICE EQUIPMENT CO -TYPEWRITER MAINTENANCE AGREEMENTS-FIRE 315.00 DEPT 18317 CAPITOL COMMUNICATIONS RADIO REPAIR-POLICE DEPT 151.40 18318 CARLSON REFRIGERATION CO INC COMPRESSOR REPAIR-LIQUOR STORE 52.00 18319 CENTRAIRE INC -COMPRESSOR REPAIR/A/C REPAIRS-FACILITIES 445.35 DEPT/POLICE FORFEITURE-DRUGS 18320 CHAPIN PUBLISHING COMPANY -LEGAL ADS-BLUFF E 8TH & BLUFFS W 9TH 162.00 ST IMPROVEMENTS 18321 BILL CLARK OIL CO INC PLASTIC PAILS/FUNNELS-WATER DEPT 79.50 18322 CLUTCH & TRANSMISSION SER INC -BEARINGS/CLUTCH PACK/CLUTCH FLYWHEEL- 362.01 EQUIPMENT MAINTENANCE 18323 COMM CENTER RADIO REPAIR-ENGINEERING DEPT 52.00 18324 COMMERCIAL ASPHALT CO BLACKTOP-STEET MAINTENANCE 8645.76 18325 COMMISSIONER OF TRANSPORTATION -MATERIAL TESTING & INSPECTIONS-ENGINEERING 276.12 DEPT 18326 COMPRESS AIR & EQUIPMENT CO -COMPRESSOR REPAIR/AIR REGULATOR/FITTINGS/ 602.99 VALVES-FIRE DEPT ^27 CONTINENTAL LOOSE LEAF INC OFFICE SUPPLIES-CITY HALL 604.50 .8 CONTINENTAL SAFETY EQUIP INC ELECTRICAL CIRCUIT LOCK OUTS-SAFETY DEPT 80.20 18329 COPIES NOW -PRINTING-NEIGHBORHOOD WATCH NEWSLhT1ER- 171.00 POLICE DEPT 18330 COPY EQUIPMENT INC -OFFICE SUPPLIES-ENGINEERING DEPT/ 339.19 ASSESSING DEPT 18331 CORPORATE REPORT MINNESOTA SUBSCRIPTION-ASSESSING DEFT 24.00 18332 CREATIVE IMAGES ON RIBBON INC AWARD RIBBONS-POOL SPECIAL EVENTS PROGRAM 89.47 ' 18333 BARBARA CROSS MILEAGE-PARK PLANNING DEPT 58.00 18334 CROWN MARKING INC NOTARY STAMP-FINANCE DEPT 24.20 18335 CULLIGAN - METRO SERVICE-STARING LAKE PARK BUILDING 31.50 18336 CURTIS INDUSTRIES INC -DRILL BITS/SCREWS/RIVETS/RINGS-EQUIPMENT 168.50 MAINTENANCE 18337 TOM DAHLEN SOFTBALL OFFICIAL/FEES PAID 48.00 18338 DALCO CLEANING SUPPLIES-FACILITIES DEPT 118.80 18339 DAN & DANS MINUTEMAN PRESS -PRINTING FORMS-POOL LESSONS/COt 1UNITY 542.18 CENTER ADMINISTRATION 18240 DATA SOURCE CONNECTING POINT COMPUTER REPAIR-FINANCE DEPT 30.00 U 341 DECORATIVE DESIGNS SEPTEMBER 91 SERVICE-CITY HALL 49.50 18342 DOMINIC DELBAN SOFTBALL OFFICIAL/FEES PAID 485.00 13343 EUGENE DIETZ AUGUST 91 EXPENSES-ENGINEERING DEPT 200.00 18344 E P PHOTO FILM-POLICE DEFT 6.50 13345 ECOLAB PEST ELIMINATION DIVISION PEST CONTROL SERVICE-FIRE STATIONS 178.85 18346 ECONOMY TROPHY TROPHY ENGRAVED PLATES-TENNIS PROGRAM 33.00 18347 ECONOMY SYSTEMS INC -PHONE INSTALLATIONS & CONNECTIONS-POLICE 597.55 DEPT 18 EDEN PRAIRIE APPLIANCE DRYER REPAIR-POLICE BUILDING 43.90 4354407 SEPTEMBER 17.1991 18349 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES/DUES-ADMINISTRATION 416.00 18350 EDEN PRAIRIE FIRE DEFT -PICNIC EXPENSES FOR FIRE DEFT-HUMAN 228.76 RESOURCES DEFT ( J51 EDEN PRAIRIE ROTARY CLUB -CONCESSION COUPONS FOR VOLUNTEERS & STAFF.. 92 JULY 4TH CELEBRATION 18352 JOHN H EKLUND JULY 91 WASTE DISPOSAL-FORESTRY DEPT 1282.50 18353 ELVIN SAFETY SUPPLY INC -SAFETY GOGGLES-SAFETY DEPT/CHEMICALS-ICE 190.80 ARENA-COMMUNITY CENTER 18354 JEFF ELWELL MILEAGE-COMMUNITY CENTER 12.00 18355 ESS BROTHERS & SONS INC MANHOLE ADJUSTABLE RINGS-SEWER DEFT 1260.00 18356 LYNN EXE SCHOOL-BUILDING INSPECTIONS DEPT 84.00 18357 EXPRESS MESSENGER SYSTEMS INC -POSTAGE-CITY HALL/MUNICIPAL LEGISLATIVE 22.42 COMMISSION 18358 FAIRCHILD MARKETING ADVERTISING-LIQUOR STORES 350.00 18359 FLAGHOUSE INC MEGAPHONE-RILEY LAKE BEACH 111.65 18360 FLAGSHIP ATHLETIC CLUB SERVICE-FITNESS TESTING-FIRE DEPT 5575.50 18361 FLANAGAN SALES INC -PLAYGROUND EQUIPMENT-EDEN LAKE PARK/ 5610.00 RUSTIC HILLS PARK 18362 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 1425.97 18363 FOX MCCUE & MURPHY 1990 AUDIT SERVICE 5800.00 18364 LYNDELL FREY EXPENSES/MILEAGE-PROGRAM SUPERVISOR 222.85 18365 FRONT LINE PLUS FOAM FOR CHEMICAL SPILLS-FIRE DEFT 950.00 18366 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 883.23 18367 LISA GANNON GOLF INSTRUCTOR/FEES PAID 849.00 18368 JOHN GARTIN MILEAGE-OUTDOOR CENTER PROGRAMS 56.00 18369 TERRY GERDTS -INTERPRETATIVE SERVICE-HEARING IMPAIRED 215.00 PROGRAM 18370" GLENCOE UNIFORMS UNIFORMS-POLICE DEFT 62.50 ( 371 CHARLES A GOBLE EMERGENCY TECHNICIAN BAG-FIRE DEFT 50 00 `.372 GOODWILL INDUSTRIES INC AUGUST 91 EXPENSES-SOLID WASTE MANAGEMENT 201 ) 18373 W W GRAINGER INC -APPLIANCE HAND TRUCK/BAND SAW MOTOR- 291.01 EQUIPMENT MAINTENANCE 18374 LEROY GUBA SOFTBALL OFFICIAL/FEES PAID 60.00 r3375 GUNNAR ELECTRIC CO INC RECEPTACLE COVER/LENS-PARK MAINTENANCE 116.62 18376 BOB HANNON HOCKEY OFFICIAL/FEES PAID 160.00 18377 HANSEN THORP PELLINEN OLSON INC -SERVICE-RIVERVIEW RD/RED ROCK SHORES/ 23701.76 -BRAXTON DR/BLUFFS E 7TH ADDITION/BLUESTEM -RIDGE/EDEN HILLS NEIGHBORHOOD/BLUFFS E -8TH ADDITION STORM SEWER/BLUFFS W 9TH -ADDITION STREET & UTILITY IMPROVEMENTS 18378 HARMON GLASS COMPANY WINDSHIELDS-EQUIPMENT MAINTENANCE 381.06 18379 HAYDEN MURPHY EQUIPMENT CO STEEL DRUM ROLLER RENTAL-STREET MAINT 1000.00 18380 HEALY-RUFF -DECODER FOR WARNING SIREN-CIVIL DEFENSE 2750.00 DEFT 18381 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 42.75 18382 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEFT 472.50 18383 HENNEPIN COUNTY TREASURER LATHS-PARK MAINTENANCE 97.95 18384 HENNEPIN COUNTY TREASURER MAPS/COMPUTER SOFTWARE-ELECTIONS DEFT 44.50 18385 HENNEPIN COUNTY TREASURER JUNE 91 BOARD OF PRISONERS-POLICE DEFT 4371.00 18386 HENN CTY-SHERIFFS DEPT JULY 91 BOOKING FEE-POLICE DEPT 386.91 18:387 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEFT 137.00 18388 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 381.70 18389 D C HEY COMPANY INC -COPIER MAINTENANCE AGREEMENT-EQUIPMENT 66.00 MAINTENANCE/FIRE DEPT .‘"-0^^2444 SEPTEMBER 17,1991 18390 SUSAN HIGLEY SOFTBALL OFFICIAL/FEES PAID 416.50 18391 HILLYARD FLOOR CARE SUPPLY GRIT SCREEN/APPLICATOR PAD-COMMUNITY CTR 29.42 392 HODGES BADGE COMPANY INC AWARD RIBBONS-POOL LESSONS 138.00 '3 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 570.00 .J4 SIBERT HOLMQUIST -RIGHT OF WAY ACQUISITION-SUNRISE CIRCLE 2000.00 STREET & UTILITY IMPROVEMENTS 18395 HOLMSTEN ICE RINKS INC FURNACE REPAIR-COMMUNITY CENTER 67.50 18396 HONEYWELL PROTECTION SERVICES -4TH QTR 91 SECURITY SYSTEM MAINTENANCE 441.31 AGREEMENT-LIQUOR STORE 18397 ICMA BOOK-POLICE DEPT 43.45 18398 INDEPENDENT SCHOOL DIST #272 -COFFEE/COFFEE POT RENTAL-SPECIAL EVENTS 154.25 -PROGRAM/ROOM RENTAL-HISTORICAL & CULTURAL COMMISSION 18399 INTERSTATE DETROIT DIESEL INC STARTER-EQUIPMENT MAINTENANCE 198.01 18400 GARY ISAACS -SOFTBALL OFFICIAL & OFFICIALS COORDINATOR/ 272.00 FEES PAID 18401 MICHAEL JACQUES MILEAGE-LIQUOR STORE 16.25 • 18402 JAMCO MARKETING GROUP PRESENTATION CASES-POLICE DEPT 125.00 18403 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-CITY HALL/FIRE DEPT 229.89 18404 JOHNSON CONTROLS COMPRESSOR REPAIR-COMMUNITY CENTER 164.00 18405 E F JOHNSON CO PORTABLE & MOBILE RADIOS-EQUIPMENT MAINT 6786.23 18406 CARL JULLIE EXPENSES-ADMINISTRATION 72.78 18407 KARROUSEL MOTORSPORTS POLICE CAR SEATS-EQUIPMENT MAINTENANCE 2616.00 18408 ELYCE KASTIGAR -RIBBON-HOMEWARD HILLS PARK BUILDING GRAND 5.97 OPENING 18409 LAB SAFETY SUPPLY BINDERS-SAFETY DEPT 64.50 18410 CINDY LANENBERG MILEAGE-FIRE DEFT 52.75 18411 LANG PAULY & GREGERSON LTD MAY 91 SERVICE 8768.90 112 L MCI T LIABILITY INSURANCE 46102.92 13 LONG LAKE FORD TRACTOR INC V-BELT-EQUIPMENT MAINTENANCE 82.31 18414 RICHARD LUGEANBEAL DIVING INSTRUCTOR/FEES PAID 129.00 18415 LUNDS EXPENSES-FIRE DEPT 526.36 18416 MASYS CORPORATION -OCTOBER 91 COMPUTER SOFTWARE MAINTENANCE 1282.00 AGREEMENT-POLICE DEPT 18417 MARINE RESCUE PRODUCTS INC -RESCUE TUBES-ROUND LAKE BEACH/RILEY LAKE 235.65 BEACH 18418 RODERICK MACRAE MILEAGE/EXPENSES-OUTDOOR CENTER PROGRAMS 355.70 18419 MATRX MEDICAL INC 1ST AID RESCUE EQUIPMENT-FIRE DEPT 185.19 18420 JAMES MATSON CANINE SUPPLIES-POLICE DEPT 30.69 18421 MATTS AUTO SERVICE INC TOWING SERVICE-POLICE DEPT 55.00 18422 MBA DESKTOP PUBLISHING PLUS -TYPESETTING-FALL BROCHURE-RECREATION 1167.00 ' ADMINISTRATION/FLYERS-POOL LESSONS 13423 JACK MCKUSKY -SERVICE-MAGICIAN-HOMEWARD HILLS GRAND 90.00 OPENING/BRYANT LK DAY CAMP/ACTIVITY CAMP 13424 MEDICINE LAKE LINES BUS SERVICE-SENIOR PROGRAMS 152.50 18425 MENARDS VEHICLE CARPETING-EQUIPMENT MAINTENANCE 19.90 18426 MERLINS HARDWARE HANK -NUTS & BOLTS/PLEXIGLASS/ CREWS/WASHERS/ 67.03 --LOCKS/BATTERIES/PVC PIPES/SHOVEL-STREET MAINT/EQUIPMENT MAINT/COMMUNITY CENTER 18427 METRO ALARM INC -SECURITY SYSTEM ALARM REPAIRS-PUBLIC 273.14 WORKS & POLICE BUILDINGS 123428 METRO PAPER RECOVERY INC -2ND QTR 91 RECYCLING SERVICE-FACILITIES 140.00 DEFT , ( '3429 METRO PRINTING INC PRINTING FORMS-POLICE DEPT 274.00 130 METRO SALES INC FACSIMILE PAPER-POLICE DEPT 83.15 7448425 1-. 1! SEPTEMBER 17,1991 18431 METRO SYSTEMS FURNITURE CARPET CASTERS-POLICE DEPT 104.40 7H432 METROPOLITAN MECHANICAL CONTRACTO -REPAIR POOL WATER PUMP VALVE-COMMUNITY 237.03 CENTER • Cd433 METROPOLITAN WASTE CONTROL COMMIS OCTOBER 91 SEWER SERVICE CHARGES 15614, ;) 18434 METROPOLITAN WASTE CONTROL COMMIS AUGUST 91 SAC CHARGES 17374.30 18435 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 714.84 18436 HERMAN MILLER INC -DRAWER/WORK SURFACES/WALL STRIP HANGER/ 344.56 PEDESTAL-UTILITY BILLING 18437 MINNCOMM PAGING SEPTEMBER 91 PAGER SERVICE-STREET MAINT 22.57 16438 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 207.03 18439 MINNESOTA BUSINESS FORMS LETTERHEAD/ENVELOPES-CITY HALL 1727.97 18440 MN CONWAY FIRE & SAFETY -FIRE EXTINQUISHER RECHARGING/O-RINGS/PULL 154.39 PINS-FIRE DEPT 18441 MINNESOTA CORRECTIONAL FACILITY-R 1ST AID RESCUE EQUIPMENT-FIRE DEPT 325.00 18442 MINNESOTA STATE TREASURER AUGUST 91 BUILDING SURCHARGES 2510.76 18443 MINNESOTA VALLEY WHOLESALE INC SHRUBS-PARK MAINTENANCE 369.00 18444 MINNESOTA WANNER CO VALVE/CURVE EXTENSION-PARK MAINTENANCE 13.12 18445 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 361.41 18446 MOORE SIGN & LETTER INC SIGNS-LIQUOR STORE 246.00 18447 DANIEL MONS -EASEMENT ACQUISITION-SUNRISE CIRCLE 3198.60 STREET& UTILITY IMPROVEMENTS 1P.443 MTI DISTRIBUTING CO -FRONT WHEEL/SCREWS/REPAIR KITS-PARK 357.32 MAINT/EQUIPMENT MAINT 18449 NATIONS BUSINESS SUBSCRIPTION-FINANCE DEPT 14.95 18450 NFPA SUBSCRIPTION-FIRE DEPT 75.00 ' 18451 NATL FIRE PROTECTION ASSN FIRE PREVENTION SUPPLIES-FIRE DEPT 486.40 18452 NATL RECREATION & PARK ASSN SUBSCRIPTION-ADAPTIVE RECREATION PROGRAM 25.00 ir 453 N T 0 A DUES-POLICE DEPT 22.00 .454 NORTH STAR ICE SUPPLIES-LIQUOR STORES 10; -0 18455 NORTHERN HYDRAULICS INC TARP REPAIR KIT-EQUIPMENT MAINTENANCE 1, J6 18456 NORTHERN STATES POWER COMPANY 2ND QTR 91 SERVICE 60.24 18457 NORTHWEST ASPHALT INC RUBBER TIRE ROLLER RENTAL-STREET MAINT 1150.00 1'3458 NORTHWOOD GAS CO GAS-EQUIPMENT MAINTENANCE 103.73 18459 OLSEN CHAIN & CABLE CO INC CHAIN-PARK MAINTENANCE 50.00 18460 BILL OLSON BLACK DIRT-PARK MAINTENANCE 34.00 18461 HARRY ORTDOFF SOFTBALL OFFICIAL/FEES PAID 288.00 18462 PAPER WAREHOUSE -NAPKINS/PLATES/SPOONS/CUPS/CUTLERY- 98.80 -SPECIAL EVENTS PROGRAM/ADAPTIVE RECREATION PROGRAM 18463 PARK AUTO UPHOLSTERY REPAIR SEAT/CUSHIONS-FIRE DEPT 185.00 13464 PARKSIDE PRINTING INC PRINTING SENIOR NEWSLETTER-SENIOR PROGRAMS 468.44 13465 P C EXPRESS INC COMPUTER MOUSE/MONITOR-POLICE DEPT 457.00 18466 PEDERSON SELLS EQUIPMENT CO INC HYDRAULIC MOTOR-EQUIPMENT MAINTENANCE 136.02 18467 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 13,25 18468 CRAIG PETERSON MILEAGE-COMMUNITY CENTER 9.00 18469 THE PINK COMPANIES -OVERHEAD STORAGE UNIT-POLICE DEFT/VINYL 793.44 FLOOR COVERING-PARK MAINTENANCE 18470 PITNEY BOWES INC POSTAGE METER RENTAL-POLICE DEPT 121.50 • 18471 PIZZA HUT OF AMERICA INC EXPENSES-TEEN WORK PROGRAM 31.22 1:3472 PRAIRIE ELECTRIC COMPANY INC -FURNISHED & INSTALLED FIXTURES-LIQUOR 1426.55 STORE/TRANSFORMER REPAIR-POLICE STATION 18473 PRAIRIE VIEW FRAMING CO CUSTOM FRAMING-POLICE DEPT 336.32 '3474 PRENTICE HALL INC BOOK-PARK PLANNING 69 8f 'i475 PSO BUSINESS COMPPJNICATIONS INC TELEPHONE REPAIR-FACILITIES DEPT 11^ OC 3476 PSO LEASING & MAINTENANCE -4TH QTR 91 MAINTENANCE AGREEMENT- FACILITIES DEPT 14 5C. 19349417 18477 R & R SPECIALTIES INC SPREADER CLOTH-ICE ARENA-COMMUNITY CENTER 26.80 18478 MIKE RAMLER HOCKEY OFFICIAL/FEES PAID 300.00 18479 REEDS SALES & SERVICE INC GRIT-PARK MAINTENANCE 27.00 18480 AAGE REFFSGAARD EXPENSES-BUILDING INSPECTIONS DEPT 15.00 R481 SCOTT A REIN SOFTBALL OFFICIAL/FEES PAID 624.00 82 RESPOND SYSTEMS SAFETY VESTS-STREET MAINTENANCE 193.50 _483 RETAIL DATA SYSTEMS OF MN -CASH REGISTER MAINTENANCE AGREEMENT/TAPE- 1222.89 LIQUOR STORE 18484 REUTER RECYCLING INC WASTE DISPOSAL-PARK MAINTENANCE 556.10 18485 RICHARDS ASPHALT COMPANY TACK OIL-STREET MAINTENANCE 610.00 18486 RIDGE DOOR SALES & SERVICE INC -REPLACED DOOR CAPACITOR/RELEASED JAMMED 88.75 ARM-PUBLIC WORKS BUILDING 18487 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-MITCHELL & RESEARCH RD STREET 87772.84 -IMPROVEMENTS/ROWLAND RD STREET & UTILITY -IMPROVEMENTS/MITCHELL RD CONST/STARING LN & SUNRISE CIRCLE IMPROVEMENTS 18488 ROAD RESCUE INC MANUALS-FIRE DEFT 22.00 18489 MICHAEL ROGERS CONFERENCE-FIRE DEPT 467.59 18490 ROLLINS OIL CO GAS-EQUIPMENT MAINTENANCE 8330.31 18491 GENZ RYAN PLUMBING REFUND-PLUMBING PERMIT 127.50 18492 RYANS RUBBER STAMPS RUBBER STAMP-UTILITY'BILLING 12.50 18493 SAFETY-KLEEN CORPORATION -CLEANING SUPPLIES-PARK MAINT/EQUIPMENT 147.00 MAINTENANCE 18494 ST CROIX RECREATION COMPANY INC SCREW CAPS-PARK MAINTENANCE 8.70 18495 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 691.36 COMMUNITY CENTER 18496 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE 704.31 18497 KEVIN SCHMIEG -JULY & AUGUST 91 EXPENSES-BUILDING 400.00 INSPECTIONS DEPT 18498• WILBUR W SCHULTZ SOFTBALL OFFICIAL/FEES PAID 604.00 499 DONALD SCHWARTZ SOFTBALL OFFICIAL/FEES PAID 464.00 ' 00 TIMOTHY A SEILTZ MILEAGE-FORESTRY DEPT 89.00 io501 SHADY OAK PRINTING PRINTING FORMS-ENGINEERING DEPT 36.00 18502 SHAKOPEE FORD INC -SWITCHES/REPLACED VALVES/GASKETS/FUEL 844.92 PUMP/WHEEL ALIGNMENTS-EQUIPMENT MAINT 18503 ALAN SHILEPSKY CONSULTING INC COMPUTER SOFTWARE-EQUIPMENT MAINTENANCE 1488.00 18504 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT 309.70 18505 STEVEN R SINELL AUGUST 91 EXPENSES-ASSESSING DEPT 245.50 ' 18506 ERIC SIT KARATE INSTRUCTOR/FEES PAID 273.00 18507 SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADS-PLANNING DEPT/FINANCE DEPT 1566.92 18508 THE SPECTACLE SHOPPE INC PROTECTIVE EYEWEAR-FIRE DEPT 89.00 18509 JOAN SPENCE MILEAGE-FORESTRY DEPT 61.25 18510 STREICHERS PROFESSIONAL POLICE EQ -LAMPS/FLASHLIGHT REPAIR/LIGHT BAR/DASH 371.00 LIGHT ASSEMBLY-POLICE DEPT/EQUIPMENT MAINT 18511 STRGAR ROSCOE FAUSCH INC SERVICE 7648.74 18512 SUBURBAN CHEVROLET -ADAPTORS/KEY/GRILLE/LAMP ASSEMBLY/BELT 105.90 -REPAIR/ACTUATOR/HANDLE-EQUIPMENT MAINT/ WATER DEPT 18513 MICHELE SUNDBERG RESCUE TRAINING SUPPLIES-FIRE DEPT 14.80 18514 SUPERIOR SPRINKLER SYSTEMS INC -SPRINKLER HEAD REPAIRS-SUMMIT & MEADOWVALE 1882.40 STREET & UTILITY IMPROVEMENTS 18515 SUPPLEE ENTERPRISES INC SIGN FRAMES/LIGHT BULBS-LIQUOR STORE 49.30 18516 NATALIE SWAGGERT EXPENSES-HUMAN RESOURCES DEPT 32.69 18517 SWANK MOTION PICTURES INC VCR VIDEO-POOL SPECIAL EVENTS PROGRAM 142.00 / 11866627 4 SEPTEMBER 17.1991 18518 SWEDLUND SEPTIC SERVICE -SERVICE-OUTDOOR CENTER/CEDAR RIDGE & 225.00 & CORRAL LN IMPROVEMENTS 9519 TENNANT COMPANY MOTOR/LIGHT CABLE-PARK MAINTENANCE 106.65 520 TRAFFIC ENGINEERING SERVICES INC BATTERY CHARGER-ENGINEERING DEPT f 18521 TRIARCO ARTS & CRAFTS INC DYE KIT-ACTIVITY CAMP PROGRAM .4. 42 18522 JOHN TROMBLEY SOFTBALL OFFICIAL/FEES PAID 128.00 18523 TURNQUIST INC CLEANING SUPPLIES-FACILITIES DEPT 1591.30 ' 18524 U A S INC FINGERPRINTER REFILL-POLICE DEPT 88.00 18525 UNLIMITED SUPPLIES INC DRILL SCREWS-EQUIPMENT MAINTENANCE 11.13 18526 VENTURA PROFESSIONAL SUBSCRIPTION-POLICE DEPT 36_00 18527 VOLUNTEER FIREMMENS BENEFIT ASSN DUES-FIRE DEFT 30.00 18528 VOSS LIGHTING LIGHT BULBS-STREET MAINT/COMMUNITY CENTER 274.20 18529 CLARK WALKER SOFTBALL OFFICIAL/FEES PAID 432.00 18530 PAT WALKER SOFTBALL OFFICIAL/FEES PAID 124.00 r. 18531 WATER PRODUCTS CO -12 5/8X3/4 100 GAL METERS-$624/209 SWIVELS 1219.20 -FOR COPPERHORNS-$418/METER RISERS- UTILITIES DIVISION 18532 JIM WERDIN SOFTBALL OFFICIAL/FEES PAID 16.00 18533 SANDRA F WERTS MILEAGE-ADULT PROGRAMS 26.73 18534 JOEL WESTACOTT -SOUND SYSTEM SERVICE-STARING LAKE CONCERT 540.00 SERIES-HISTORICAL& CULTURAL COMMISSION 18535 ROBERTA WICK MINUTES-CITY COUNCIL 175.00 18536 JIM ZAIC EXPENSES-BUILDING INSPECTIONS DEPT 15.00 18537 ZEE MEDICAL SERVICE -1ST AID SUPPLIES-CITY HALL/EQUIPMENT 147.20 MAINTENANCE/ROUND LAKE BEACH 17698 VOID OUT CHECK 122.60- 17939 VOID OUT CHECK 178.85- : 17979• VOID OUT CHECK 1464.00- 012 VOID OUT CHECK 14 04- J057 VOID OUT CHECK t 3- 18067 VOID OUT CHECK 12b.00- 18097 VOID OUT CHECK 240.00- 304393 $1515211.60 ; DISTRIBUTION BY FUNDS 10 GENERAL 466460.93 15 LIQUOR STORE-P V M 105148.91 17 LIQUOR STORE-PRESERVE 57835.31 21 POLICE DRUG FORFEITURE 113.00 31 PARK ACQUIST& DEVELOP 2268.40 45 UTILITY DEBT FD ARB 23880.00 51 IMPROVEMENT CONST FD 45174.91 57 ROAD IMPROVEMENT CONST FD 2030.05 60 LOTTERY L/S #1 559590.23 . 61 88 IMPROVEMENT FUND 2332.29 73 WATER FUND 26674.96 77 SEWER FUND 215670.24 81 TRUST & ESCROW FUND 2099.78 87 CDBG FUND 271.25 88 MUNICIPAL LEGISLATIVE 12.60 90 TAX INCREMENT FUND 5648.74 $1515211.60 i/ MEMORANDUM TO: Mayor and City Council FROM: Scott A. Kipp, Planner Jean Johnson,Zoning Administrator THROUGH: Carl Jullie, City Manager Chris Enger,Director of Planning DATE: September 12, 1991 SUBJECT: CHRONOLOGY OF ISSUES AND ACTIONS SURROUNDING DEVELOPMENT OF FLYING CLOUD AIRPORT February, 1975 MAC prepares the FIying Cloud Airport Master Plan Update Interim Report. May, 1975 Dr. Bofenkamp writes report on noise pollution in Eden Prairie. , June, 1975 Planning Staff Report prepared on Interim Report concludes that airport should remain a"general utility"airport and not upgraded to a"basic transport" facility. 1975-1976 Legal controversy between FTC and the Metropolitan Airports Commission. Judge Lebedoff s finding-under existing conditions, jet operations are not authorized at Flying Cloud Airport. (p.43, 1I/1/77 Public Hearing Record statement made by City Attorney Ross Thorfinnson) Mr.Claude Schmidt of MAC testifies in District Court-that the classification of Flying Cloud Airport would be a general utility classification. (p. 46-47, 11/1/77 Public Hearing Record, statements made by City Attorney Ross Thorfinnson) There was a limitation on plane size of 12,500 lbs., which automatically eliminates the corporate jet operations that are being discussed and that were existing at that airport prior to Judge Lebedoffs order,in violation. (p. 46-47, 11/1/77 Public Hearing Record, statement made by City Attorney Ross Thorfinnson) November 1, 1977 MAC holds public hearing on proposed Ordinance 51 and jet use at Flying Cloud Airport. Memorandum Chronology of Issues and Actions Surrounding Development of Flying Cloud Airport . September 12, 1991 November 15, 1977 City Council adopts Resolution 77-150, supporting Flying Cloud Airport as a general utility airport and opposing adoption of Ordinance 51. (Attachment) February, 1978 MAC adopts Ordinance 51, for an 18 month trial period. July 18, 1978 City Council adopts Resolution 78-36, creating the Flying Cloud Airport Advisory Commission. April 17, 1979 City Council adopts Resolution 79-79,endorsing southerly parallel runway extension to 3,900 feet. (Attachment) City Council adopts Resolution 79-80,requesting MAC to restrict and hopefully prohibit and discourage jet traffic. (Attachment) July, 1979 MAC extends Ordinance 51. September, 1981 MAC waives Ordinance 51 weight limit of 20,000 lbs.for a Jetstar owned by FTC at a weight of 40,000 lbs. Subsequent waivers for Jetstar were issued until plane relocated. April 1988 MAC submits the preliminary Interim Report for the Flying Cloud Airport Master Plan Update. December 20, 1988 City Council adopts Resolution 88-299 finding the Master Plan Update Interim Report and its preferred alternative incompatible with the Eden Prairie Guide Plan. (Attachment) March, 1989 Metropolitan Council approves Master Plan Update Interim Report with recommendation of City and MAC negotiations prior to completion of Final Report. November, 1989 MAC develops Noise Abatement Plan with input from the Flying to present Cloud Airport Advisory Commission. March 5, 1991 City Council adopts Resolution 91-55 endorsing the Noise Abatement Plan as a first step in controlling aircraft noise. 2 Memorandum Chronology of Issues and Actions Surrounding Development of Flying Cloud Airport September 12, 1991 Resolution asks for continuous permanent monitoring. MAC could not comply with this request,but is providing full time,8 hour per day monitoring through the summer months. (Attachment) May 20, 1991 MAC approves Final Report of the Flying Cloud Airport Master Plan Update and advises their staff to begin the environmental review process. May 30, 1991 Representatives of MAC meet with City Staff and Councilmembers Jessen and Anderson to discuss the Noise Abatement Plan monitoring program, land area eligible for federal funding, land impacts west of airport,and City use of MAC land. July 17, 1991 City receives EAW/DSDD for expansion proposal of Flying Cloud Airport for review and comment. July 22, 1991 EQB Monitor publishes notification of the EAW/DSDD scoping review with August 21, 1991 set as a comment deadline. August 6, 1991 City Staff meets with Chauncey Case of the Metropolitan Council and learns that the Final Report of the Flying Cloud Airport Master Plan Update had not yet been approved by Met Council. City Staff asks that the Met Council continue to support dialogue and resolution to the airport issues that concern the City. August 6, 1991 Representatives of MAC meet with City Staff and Councilmembers Jessen and Anderson to discuss changes in expansion proposal as identified in the EAW/DSDD. August 20, 1991 City Council adopts Resolution 91-198 requesting a 60 day extension period for public comment on the EAW/DSDD. MAC agrees to extend comment period to October 21, 199E (Attachment) August 28, 1991 Eden Prairie citizens hold public meeting at Pax Christi Church to discuss airport concerns with Mayor Tenpas and Councilmember Jessen. 250 ± residents attended. September 3, 1991 City receives correspondence from MAC confirming EAW/DSDD comment period extension to October 21, 1991. 3 >`� Memorandum . Chronology of Issues and Actions Surrounding Development of Flying Cloud Airport - September 12, 1991 September 5, 1991 Roger Pauly writes to Attorney General for determination of City's authority regarding regulation of land use. (Attachment) September 10, 1991 City requests Metropolitan Council to postpone review and possible approval of the Final Report of the Flying Cloud Airport Master Plan Update until further City discussions with MAC and Met Council take place. (Attachment) September 17, 1991 City Council meeting scheduled at Eden Prairie High School to discuss airport issues with citizenry. September 23, 1991 Metropolitan Council scheduled to review and approve Final Report of the Flying Cloud Airport Master Plan Update. FCACHRON.SAK:bs • • 2J.; �r. 1Z v( r% CiTY OF 1-1 • RESOLUTION NO. 77-150 A RESOLUTION SUPPORTING THE CLASSIFICATION OF FLYING CLOUD AIRPORT AS A GENERAL UTILITY (i•MINOR SYSTEM) AIRPORT BY THE METROPOLITAN COUNCIL AND OPPOSING THE ADOPTION OF ORDINiANCE r51 BY THE METROPOLITAN AIRPORTS COMMISSION WHEREAS, an overwhelming number of citizens and residents of the City•of Eden Prairie have requested the City Council of the City of Eden Prairie to take all necessary steps to preserve the status of Flying Cloud Airport as a general utility or minor system airport, and WHEREAS, a series of public hearings have been held in 1975 and again in 1977 at which residents and citizens appeared in opposition to any use of Flying Cloud Airport that was not consistent with its existing classification as a general `ility airport, restricting aircraft to 12,500 pounds in weight, twin or single engine propeller planes, and MEREAS, the City Council acted on behalf of requests from the residents and citizens of Eden Prairie to intervene in an existing law suit in Hennepin County District Court and to ce:mence legal action on behalf of the City of Eden Prairie to prevent the use of Flying Cloud Airport by jet aircraft; and WHEREAS, the Honorable Jonathan Le5edoff, Judge of Hennepin County District Court, has issued his order enjoining the use of Flying Cloud Airport by jet aircraft, NOW, THEREFORE, be it resolved as follows: 1. That the City Council of the City of Eden Prairie is opposed to any expansion of Flying Cloud Airport to permit its use except as a general utility or minor service airport for the functions of recreation, training and light business with a restriction on aircraft to a 12,500 pound weight, propeller driven, single or twin engine, aircraft. • 2. Test the Metropolitan Airports Cc-:mission not a. pr • Ordir.ance ='51 or any ordinance that would permit the use of • Flying Cloud Airport for any function or by any aircraft inconsistent with the Airports policy plan entitled Aviation Chapter of the Metropolitan Development Guide which proposes a classification of Flying Cloud Airport as a minor system airport. 3. The Eden Prairie City Council supports the 1977 Airports policy • plan that has been drafted and urges the Metropolitan Council to adopt the classification of Flying Cloud as a minor system airport in accordance with the 1977 Airports policy plan as proposed. ADOPTED by the City Council of the City of Eden Prairie this ;S- day of , 1977. Wolfgang!H..Penzel, Mayor ATTEST: • / John D. Frane, City Clerk • • ;kin CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 79-79 A RESOLUTION STATING POSITION ON THE PROPOSED RUNWAY IMPROVEMENT AT FLYING CLOUD AIRPORT. WHEREAS, pursuant to Ordinance No. 78-36 the City of Eden Prairie did create the Flying Cloud Airport Advisory Commission for the purpose of reviewing every pro- posal affecting the use or operation of Flying Cloud Airport and its effects on the community and making recommendations to the City Council and the Metropolitan Airports Commission, and WHEREAS, as a part of the proceedings in 1977-78 for Ordinance No. 51 pertaining to the limitation of the operation of jet aircraft at.Flying Cloud Airport the City Council and the Metropolitan Airports Commission did appoint a 12 member Ad Hoc Committee to review the proposed ordinance, and WHEREAS, as a part of its recommendations regarding Ordinance No. 51 the Ad Hoc Committee did recommend a feasibility study of the lengthening of the southern east/west runway 9R-27L for the purpose of noise abatement and safety, and WHEREAS, the 1975 Master Plan for Flying Cloud Airport suggested the lengthening of 9R-27L, and • -N WHEREAS, this improvement is consistent with the 1977 Metropolitan Council Aviation Chapter of the Metropolitan Development Guide designation of a minor facility (General Utility) Airport, and WHEREAS, the Metropolitan Airports Commission did engage the services of Hoyle. Tanner and Associates, Inc. as Airport Engineering consultants, for the purpose of completing an Environmental Impact Assessment Report for the Proposed Extension to Runway 9R-27L Associated Taxiways and Lighting System, and WHEREAS, members of the Flying Cloud Advisory Commission did receive draft copies of this E.I.A.R. for review and recommendation, and WHEREAS, the Commission at its March 22, 1979 meeting did recommend approval of the E.I.A.R. and its recommendation for extension of wun-way 9R-27L from 3215' to 3900', and WHEREAS, the City Council did receive this recommendation at their April 3, 1979 meeting and did subsequently meet with the Advisory Commission at a special meeting on April 17, 1979. NOW THEREFORE BE IT RESOLVED by the Eden Prairie City Council, that it is the City's finding that based upon the information presented and the recommendation that the lengthening of runway 9R-27L as set forth in the Draft E.I.A.R. dated March, 1979, is in the best interests of airport safety and the community and the • City Council supports that improvement. 1 Resolution 79-79 Page 2 Proposed Runway Improvement Fly.C1d, Airport ADOPTED this 17th day of April, 1979. 9:(62f- W 9a Irjenzel, Mayor Attest John . Fra a itrk ' SEAL l • 1�1 i. 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 79-80 A RESOLUTION STATING POSITION REGARDING JET AIRCRAFT OPERATIONS AT FLYING CLOUD AIRPORT. WHEREAS, the City Council of the City of Eden Prairie did adopt Resolution 79-79 supporting the lengthening of run-way 9R-27L, and WHEREAS, Ordinance No. 51 helps limit the size and type of jet aircraft using Flying Cloud Airport, and WHEREAS,the safety of the airport could be impacted if the mix of aircraft utilizing the airport is changed by additional jet aircraft, and WHEREAS, it is in the best interests of the community and the airport that jet operations at Flying Cloud Airport remain of a limited nature, } NOW THEREFORE 8E IT RESOLVED, by the Eden4Prairie City Council that the Metropolitan Airports Commission should continue through existing and any additional avenues to discourage use of Flying Cloud Airport by jet aircraft. ADOPTED THIS 17th day of April, 1979. ga g H Penze , Mayor Attest • Jo . F , City Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-299 SUMMARY OF FINDINGS ON THE NOVEMBER, 198E FLYING CLOUD MASTER PLAN WHEREAS, the City Council has reviewed the Master Plan Report, and WHEREAS, the City Council has received and reviewed comments and input from City advisory commissions, City Staff, residents, and interested individuals. NOW, THEREFORE, BE IT RESOLVED the Eden Prairie City Council finds the report's preferred alternative of extending the southerly east/west runway to 5,000 feet incompatible with Eden Prairie's Comprehensive Guide Plan for the following reasons: 1. The runway expansion and extended Safety Zone A will remove 100+ acres planned for residential and park use from the City's Guide Plan. 2. The associated extended Safety Zones A and B will prohibit and restrict residential development respectively. 3. The adjacent landfill and U.S. Fish and Wildlife area are identified incompatible uses with an airport and thereby incompatible with expansion. 4. Aircraft flight patterns will be extended out and lowered which will impact neighborhoods presently receiving minimal aircraft noise. This will have a significant impact on the future residential planned for southwestern Eden Prairie. 5. An extended runway will attract additional jet traffic to Flying Cloud which predominately serves single engine aircraft. Mixing slow moving aircraft with fast traveling aircraft can cause ground and air confusion and congestion. { 6. The expansion appears to have minimal benefit to the metropolitan j. area. 7. It has not been demonstrated that future jet aircraft cannot be accommodated at St. Paul Downtown and other MAC airports. 8. The "spike" noise (90-100+dcb), associated with jet aircraft, is not compatible with Eden Prairie's existing and planned residential uses around the airport. 9. Based upon the 1986 Metropolitan Council's Aviation Plan, Flying Cloud can meet its operational demands up to the year 2003. BE IT FURTHER RESOLVED, the Eden Prairie City Council has the following response to additional hangar space at the south side of the airport: A. Old hangars and hangar rows should be considered for rehabilitation or raising and new hangars erected. This could delay the need for expensive land acquisition and site preparation for a new hangar area. B. If new hangars are constructed along the south side of the airport, a screening plan should be implemented which will interrupt the view of the airport from the Wildlife Refuge and any future adjacent residential uses. ADOPTED by the City Council on the 20th day of December 1988. dher # !� ATTEST: SEAL John . 4cer • �w .r1 • 7i .> i CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 91-55 SUMMARY OF FINDINGS ON THE PROPOSED FLYING CLOUD AIRPORT NOISE ABATEMENT PLAN WHEREAS,major concern has been raised by the residents of this community regarding aircraft related noise associated with the operations at Flying Cloud Airport;and, WHEREAS, an effective noise abatement plan is essential to controlling increases in aircraft related noise;and, WHEREAS, the City Council has reviewed the proposed Flying Cloud Airport Noise Abatement Plan. NOW, THEREFORE, be it resolved that the Eden Prairie City Council endorses the Noise Abatement Plan as a beginning step to control aircraft related noise, subject to the following: 1. The Metropolitan Airports Commission provide additional and continuous aircraft noise monitoring to establish the pattern of noise associated with the airport on a longer term basis which is essential in evaluating the effectiveness of the Noise Abatement Plan and to make positive noise abatement corrections as necessary. 2. The Metropolitan Airports Commission and the Flying Cloud Airport Advisory Commission review the effectiveness of the Noise Abatement Plan on a yearly basis and make changes where necessary. 3. The Metropolitan Airports Commission develop additional enforcement criteria to further deter itinerant aircraft from violating the Noise Abatement Plan. 4. The Metropolitan Airports Commission make available to the Flying Cloud Airport Advisory Commission the list of Noise Abatement Plan violators and enforcement action taken on a monthly basis. ..). f • BE IT FURTHER RESOLVED that the endorsement of this Noise Abatement Plan does not constitute approval or endorsement of the Flying Cloud Airport Master Plan Update dated November, 1988. • ADOPTED by the City Council of the City of + Prai' this h d of March, 1991. L .1 - lr" Douglas . Tenpas,Mayor ATTEST: J n .Frane,Clerk • i I ) 1 i • • • •y� ,ii I { CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 91-198 SUMMARY OF FINDINGS ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET(EAW) AND DRAFT SCOPING DECISION DOCUMENT(DSDD)FOR THE FLYING CLOUD AIRPORT EXPANSION PROPOSAL • WHEREAS,the City of Eden Prairie reviewed the Interim Report of the Flying Cloud Airport Master Plan Update;and WHEREAS, a resolution was adopted which found the Interim Report not in conformance with the Comprehensive Guide Plan;and WHEREAS,the City has reviewed the Environmental Assessment Worksheet and Draft Scoping Decision Document for the Flying Cloud Airport expansion proposal. ) NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie requests that the Metropolitan Airports Commission grant the environmental review process a sixty day extension for the purpose of receiving comments on the revised expansion proposal, based ont the following findings: I. The City has not had sufficient time to analyze the modifications to the Master Plan proposed by the Metropolitan Airports Commission including the Flying Cloud Airport Advisory Commission. 2. Major studies and plans which are not currently available could affect the conclusions concerning environmental impact. 3. The City did not review,nor has the Metropolitan Council approved the Final Report of the Flying Cloud Airport Master Plan Update. 4. The EAW/DSDD responses are vague and lacking content necessary for evaluation. 5. Noise and land use impacts have yet to be fully evaluated. 6. It has not been established by the Environmental Quality Board if the Metropolitan Airports Commission or the City of Eden Prairie should be the Responsible Governmental Unit(RGU) for the environmental review process. �1 ADOPTED by the City Council of Eden Prairie this 20th day of August, 1991. Douglas B.T npas, Mayor ATTEST: JoVD. Fr e, City Clerk { JI 0lv METROPOLITAN AIRPORTS COMMISSION .•,"' Minneapolis-Saint Paul International Airport :4. ? * 6040-28th Avenue Smith•Minneapolis.MN 55450 o Phone t612(726-8100•Fax(612(726-5206 MAC. o 'f' September 3, 1991 Scott Kipp, Planner City of Eden Prairie Eden Prairie, MN 55344-3677 RE: Extension of comment period for FCM EAW Dear Mr. Kipp: As you are aware, on August 6th, 1991, the Metropolitan Airports Commission (MAC) conducted a public meeting to gather comment on an Environmental Assessment Worksheet (EAW) for a project at the Flying Cloud Airport. The project, as proposed by MAC, includes extensions for the existing runways 1 and development of a new hangar area. At the public meeting it was announced that written comments would be accepted until the close of business on August 21st, 1991. At an Eden Prairie City Council meeting on August 20th, 1991, Council members and City staff requested additional time to comment on the EAW. Per MAC's committment at this meeting, the period for written comments will be extended for 60 days, until the end of the business day on October 21st, 1991. Sin ely, .o y E 1SChmidt, Manager Reliever Airports EAWEXT/ges The\Ictrupuhl.in An'lnnIs Cumusuim is an alfnv+atlre ac7im eniplurer. ?iim"r.\iii".rl. AIRI.:\kE:•ANt)k.\I.III'.\IY III.:IIN F:•isKY5 I':NI-. 1.1 INC CI(WWI.Akk FIM10•4A1\T I)tri)\'I'(IHN MEMORANDUM CtTo: Chris Enger, Director of Planning FROM: Scott A. Kipp, Planner DATE: August 16, 1991 SUBJECT: Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport On July 17,1991,the City received the Environmental Assessment Worksheet(EAW)and Draft Scoping Decision Document (DSDD) for the runway expansion project at the Flying Cloud Airport. The comment period for these documents end August 21, 1991. Please note that a major change has surfaced in the review of the documents that was not part of the original Interim Report. The extension of the southerly parallel runway is now proposed for 1,600 feet west versus the 1,100 feet indicated in the report. Five hundred feet of the east end of this runway will be removed to maintain the maximum 5,000 foot length allowed by State legislation,and to meet new Federal Aviation Administration criteria for runway protection zone. This change in the runway proposal will most likely require the relocation of County Road#4. • The comments that follow respond numerically to the specific item in the environmental documents. (Attached) 2. It is being assumed that the MAC is acting as its own Responsible Governmental Unit (RGU) for this EAW/DSDD review. The EQB indicates either the Department of Transportation or the 1 oral Govemmental Unit shall be the RGU. 4. EAW states runway length of 5,000'as reason for mandatory evaluation(4410, 4400 subp 15). However, 4410, 4300 subp 21 - runway extensions that upgrade existing airport runway to permit aircraft over 12,500 lbs. that are at least 3 dba louder than aircraft currently using runway,needs to be evaluated. Also,subp 28d-projects which result in the permanent conversion of 80 or more acres of naturally vegetated,agricultural or forested land into a more intensive developed land use, should be looked into. • 6. South parallel runway shift to west additional 500' with 500' to be removed from east side - total westerly extension of 1,600'. This was never reviewed previous to this document. Additional shift in runway will also create additional shift westerly of Zones A and B. 1 it f Memorandum Staff Preliminary Gomments on EAW/DSDD for Flying Cloud Airport August 16, 1991 • Property shown on plan for potential acquisition does not include all of Zone A and none of Zone B(attached). Previous meetings with MAC indicated more land area west to include all of A and B Zones for potential acquisition(attached). North parallel runway extension of 300'for a total of 3,900' will allow possible use by jet aircraft. Although noise abatement plan indicates jet use only on south parallel runway. Extension of Zone B will effect additional homes of the Tree Farm development. • 7. EAW does not address square footage or other details regarding building area. 8. Since the Rural Zoning District does not permit airport use, a zoning district change to Public may be.nrrpcsary, A Guide Plan change from Low Density Residential to Public Open Space may be necessary for portions of additional hangar area and acquisition property. • Steep slope review and site plan review may also be required. 9. A source of contamination of one of the wells in the landfill area was attributed to degreasers, solvents,or other chemicals emanating from the airport. If pollutants are leaving airport property, this may be a good time to address the solution. EAW does not address impact of project on existing and potential land uses,does not address increased noise,impact of wooded areas. 10. Impervious surface stated as an additional 5 acres. Runway extension alone will add 2.5 acres. Does this 5 acres include all taxi-ways,aprons, parking and new hangars? I Ia. Enclosing the airport with chain link fence forces deer to go around airport onto nearby roads. Also,doesn't excessive noise affect the human enjoyment of the wildlife refuge? I lb. Possible impact of native prairie caused by proposal. I3a. M.A.C. indicates connection of airport to City sewer and water. However CAW does not address location and abandonment of wells and septic systems that will be required. 2 A Memorandum Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport August 16, 1991 16. EAW does not indicate depth of bedrock which could.effect the potential for bluff erosion due to re-direction of ground water. 17. The potential for erosion has not been adequately addressed. We need to review a grading plan now in order to understand the possible erosion implications. Steep slopes will make it difficult to create safety zone beyond runway-extensive grading. Where will the proposed 426,000 cubic yards of fill come from? Will it come from the existing highland area south of airport runway? Highly erodible soils along the bluff have not been thoroughly addressed regarding an expansion and added run-off. 18a. Stormwater management plan needs to be evaluated to address water quality issue raised by Met Council. Water quality is not addressed before and after development. 18b. Water run-off routes and receiving water bodies have not been identified. 19b. EAW indicates connection to City sewer and water on an as needed basis. 20b. MAC has not provided any information on the location(if any)of any site hazards to ground water such as high infiltration rates of the soil,or shallow limestone formations. 21b. Will the new building area contain any above or below ground tanks for the storage of petroleum products? • 22. Will access to new building area be from Highway 169 near Vo-Tech training facility- this is dangerous access point. How will the relocation of County Road 4 affect traffic flows now with Mitchell Road extension completed. Are the traffic counts much different now because of this improvement? Project will most likely require relocation of County Road#4. 23. What about increase in aircraft noise and emissions, including kerosene odor from additional jet operations? 25. Isn't increases in aircraft related roise going to take place as a result of this project? 3 Memorandum Staff Preliminary Comments on RAW/DSDD for Flying Cloud Airport August 16, 1991 26. Will any Indian Mounds be affected by the project? How will an extended runway and new hangar area be buffered from the scenic view and vista? 27. The hangar area will affect the scenic view and vista to bluff. Also possible hangar lighting and shifted strobe tight alignment tights are a concern. 28. The City has not reviewed, nor has the Met Council approved the final draft of the Master Plan. The project is not in conformance to our Guide Plan according to Resolution 88-299. Also, Guide Plan change will be necessary for portions of new building area and ponding area. • 29. It is the City's understanding from the Met Council that the inclusion of the property to municipal sewer and water would not entail a MUSA line change. 31. Other potential environmental impacts not discussed include: off-site grading and tree removal details of County Road 4 relocation - jet fuel odor increase in aircraft noise-jets,in particular 32. No summary of issues has been supplied. • Other Comments Land acquisition cost grossly underestimated. There's at$10,200/acre where going rate is about$30,000-$35,000/acre. Their total project cost S11.5 million based on true land value of S17.7±million. It states that one reason for the project is that aircraft noise would be reduced due to encouragement of Stage III aircraft. I don't know how this will occur, since all Stage II corporate jets will still be able to use airport. This will cause an additive effect. The DSDD refers to possible closure for commercial development. Where is this a potential? Williams Pipeline will receive tremendous amount of fill. One home is mentioned to be relocated-which home? Also,what about golf course club house and additional homes within Zone A which should be purchased by MAC? 4 • Memorandum Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport August 16, 1991 Strobe lighting will effect ability to use property as golf course or other park purposes. The report refers to Section 4(F)lands of the Department of Transportation Act-What are these lands? • The DSDD does not address the loss of tax base from airport land acquisition and potential decrease in land value of nearby properties. Project will remove rural acreage from outside the MUSA for a regional facility contrary to Met Council policy. • City staff believes excess capacity exists at airport for current aircraft type use. .onclusions 1. EAW/DSDD seems premature since Final Report of Master Plan has not yet been reviewed by the City or reviewed and approved by the Met Council. 2. Too many new modifications that have not been analyzed to the extent necessary. 3. EAW/DSDD responses are vague and lacking content necessary for evaluation. 4. EAW/DSDD may be premature because of the absence of major studies and plans which would have an affect on the conclusions concerning environmental impact. Recommendation In light of the new modifications outlined in the EAW/DSDD and the fact that the absence of major studies and plans which could have an affect on the conclusions concerning the environmental impact,Staff recommends adoption of a resolution for the Metropolitan Airports Commission and the Environmental Quality Board requesting postponement of the environmental review process and that new public hearings be held for comments on the revised proposal based on the following findings: 1. The City has not had sufficient time to analyze the modifications to the Master Plan proposed by MAC, including the Flying Cloud Airport Advisory Commission. 2. Major studies and plans which are not available could affect the conclusions concerning environmental impact. 5 Memorandum Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport �,� August 16, 1991 • 3. The City did not review,nor has the Metropolitan Council approved the Final Report of the Master Plan Update. 4. EAW/DSDD responses are vague and lacking content nececsary for evaluation. 5. Noise and land use impacts have yet to be fully evaluated. COMMENTS.SAK:bs A • • 1�c. 1 i •i `f u. 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L44.3 De-,i,/- • • ..... ----q - '4 -••--) --- : r u.s.-a-li4 s-• 1 - or .,,•• ,-- • .. • -. a,......T, 4 .......v.. re.1.4 s \--vr F- 1 — — --- ii..r--L. .E 13..,-..j.- --- — rck‘. . .. _.4.4 ,,. ,..,______„....,................, ____ . . .- . • Ana to be am . I 4 47............... . ---- ir. Lao / * t . \ ,.. , ...... --. -r-:----::: -- pRELIMIN.__ ONLY _.:_::-...-_,_.___ _ .......----=...--,= AIkPO $,RORORPIOsLITAN • • FLYING CLOUD AIRPORT( AIRPORT LAYOUT PLAN CONOGSSION • . • . . _.. -.N. ,...,.3. f.'Ir.:I. .,. ,..,,i,,'?•,s , :•,—.,.....a, . :.. , 1 . , i---, MEMORANDUM TO: Chris Enger, Director of Planning FROM: Scott Kipp, Planner DATE: August 13, 1991 SUBJECT: Action Taken by City Staff Regarding Review of the Environmental Assessment Worksheet and Draft Scoping Decision Document. Forwarded EAW/DSDD to Flying Cloud Airport Advisory Commission. Set up meeting with MAC Staff for 3:30 p.m., August 13, 1991. Sent out mailing to interested parties of the airport improvement(70 mailings)notifying them of August 6, 1991 scoping meeting at Hennepin Technical Center. Documents reviewed by Attorney's office w/submitted comments. Notified Met Council about Final Action on Master Plan by MAC and ask Met Council to continue to support dialogue to resolve outstanding issues. Met with Chauncey Case of the Met Council Staff to discuss concerns with EA\V/DSDD and its modifications to the plan. Prepared preliminary comments on EAW/DSDD to be reviewed by City Council. Attended M.A.C.Environmental Scoping meeting held at Hennepin Vo-Tech on August 6, 1991 and bus tour of airport on August 7, 1991. Corresponded to EQB regarding City standing as Responsible Governmental Unit(RGU) for any environmental review. COMENTS2.SAK:bs } 1 .0 a." IM)t1 IA ;AGM .I :12,.1„ ,act AP: Iro :.a::➢ •;' .... ` 300 Centennial Buiding•658 Cedar Street.St.Paul.Minnesota 55155 E.Q13; 612-296-2603 August 27, 1991 Ms. Jean Johnson, Zoning Administrator City of Eden Prairie 7600 Executive Drive • Eden Prairie, MN 55344 RE: RGU for Flying Cloud Airport Improvements EIS Dear Ms. Johnson: I am replying on behalf of Mr. Dunn concerning the City's inquiry of August 9, 1991 about whether the Metropolitan Airports Commission (MAC) is the proper Responsible Governmental Unit (RGU) for the EIS on the proposed improvements to Flying Cloud Airport. ,As indicated in your letter, the EQB's rules assign responsibility for airport EAWs and EISs to the "local governmental unit." This term is generic and applies to many types of governmental units with localized jurisdiction, not only to the general purpose unit having jurisdiction in the area. The EQB's rules (at part 4410.0200, subp. 43) define "local governmental unit" as a unit of government that is not a state or federal agency. Since the "Metropolitan Council" is specifically included in the list of types of local units in this definition, it is clear that units commonly thought of as "regional" are "local" units under the EQB's definition. Hence, the MAC is a legitimate "local governmental unit" in our view. Your letter also correctly points out that the EQB's rules (at part 4410.0500, subp. 5) require that when there is a choice to be made among several potential RGU candidates, the RGU is to be selected as the one which has the greatest responsibilty for supervising or approving the project as a whole. While the City has considerable approval authority over this project, in our view MAC clearly has greater overall authority since it is the sponsor and planner of the project. In summary, it is our opinion that MAC is the proper RGU for this project. Furthermore, this is consistent with past reviews of airport projects. Since 1982, MAC has been the local RGU for all airport projects in the metropolitan area; no city or county has ever served as RGU for one of these projects. An Ec JOpportunty Ernrbyer Ms. Johnson, page 2 C. Regarding the apparent errors discovered by the City in reviewing the �} MAC's scoping EAW, I trust that the City has or will make these known to the MAC. Hopefully, these are inadvertent errors and appropriate corrections will be made by MAC through the EIS process. The City will have additional opportunities to comment when the review reaches the draft EIS and final EIS stages. According to EQB rules, (part 4410.2800) the EIS will not be adequate until issues raised in scoping and on the draft EIS have been adequately addressed. If the City feels strongly that the MAC will be unable to provide an objective analysis of environmental effects for this project, the City has the right to request that the EQB assume the responsibility for the final adequacy decision on the EIS. This may be done under part 4410.2800, subp. 1 of the EQB's rules. If the City should be interested in this option, please note that a definite time limit is placed on the ability of the EQB to take this action; if the EQB does not act within the set timeframe, it no longer has the authority to intervene in the adequacy decision. If you have any questions or wish to discuss this matter further, please contact Gregg Downing, coordinator for the Environmental Review Program, at 296-8253. Sincerely, Wdo-ci Michael Sullivan Executive Director cc: Mark Ryan, MAC LANG,PAULY&GREGERSON,LTD. ATTORNEYS AT LAW 370 SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE.MINNESOTA 55344 TELEPHONE (612)929-7355 ROEERT I.LANG FAX:(612)829-0713 MINNEAPO 1 OFFICE ROGER A PAULY 4400 IDS CENT DAYID M.ORCCiCRSON• $5 SOLTN DC.r N STREET RICIIARD F.ROSOW SIINNEAPOLI.r SLSNESOIA)!AO MARK 1 IOMNSON 16111 AS-0777 JOSEPH A.NIIAN fAX 16111 140.q A 1ORN W LANE).CPA LEA De SOI,LA METER Y TO ED! PRAIRIE OffICE. 1EPPREY C1 I ST• JU0 1711 OU1OSER September 5, 1991 EARAA M R OSS WTLI.IAM R.MILmLEU R •Au.AYrm" Promo tw r MA,"w Hubert H. Humphrey, III Attorney General State Capitol St. Paul, MN 55155 Dear Sir: I am City Attorney for the City of Eden Prairie ("City") and on its behalf I ask the following, QUESTIONS 1. What is the extent of the authority of the City to r gu- C late, pursuant to M.S. S462.357, the use of lands within the ity which may be acquired for airport use by the Metropolitan Airports Commission ("MAC")? 2. Does the City have authority to enforce its regulati.ns adopted pursuant to M.S. S462.358 relating to the subdivision of land with respect to land acquired by MAC? FACTS The City is a statutory city located in Hennepin County, Minnesota with a population according to the 1990 decennial c.n- sus of 39,311 persons. MAC is the owner and operator of Flyi g Cloud Airport located wholly within the territorial limits of' the City. The present airport property is situated within an are designated by the City pursuant to M.S. S462.357 for zoning pir- poses as ''Public District" and in the City's Comprehensive Municipal Plan adopted by the City pursuant to M.S. S462.355 ,nd S473.175 as Public Open Space/Park/Flood Plain. Airport use s a permitted use within the "Public District" and is consistent ;ith the Comprehensive Municipal Plan designation. C .70•d STIO6r8ZT9 NOS21393?J9 Alfltid 9Nb1 90:9T nHi it—S —d35 Hubert H. Humphrey, III C September 5, 1991 Page 2 Currently MAC proposes to acquire land adjacent to Flyin Cloud Airport which is zoned "Rural District" and which is designated on the City's Comprehensive Municipal Plan in parties Low Density Residential and in part as Public Open Space/Parke: Flood Plain. It is assumed some or all of the land to be acquired by MAC will be subdivided within the meaning of M.S. $462.352 (12) and $462.358 from other lands. MAC proposes to• extend the runway and/or locate other facilities within or on the land proposed to be acquired. Airport use including, constru.- Lion and operation of a runway, navigational aids and other f'ci- lities relating to airport operations is not a permitted use the City's Rural District or in any Residential District. If you have need for any information or have questions c n- cerning this request please advise me. Your opinion relative to the foregoing questions will be greatly appreciated. Sincerely, CRoger A. Pauly RAPiss • e • 1 £0'd £1L06ZSZT9 NOSd393d9 OHlf1 .o:e1 IIHi To-4 -d3S city of Eden Prairie actem :uy f-..es prairie 7600_.dcutive Drive • Eden Prairie.MN 55344-3677• Telephone(612)937-2262 " • September 10, 1991 Mr. Chauncey Case Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Subject: Postponement of Review Process for the Final Report of the Flying Cloud Airport Master Plan Update Dear Chauncey: As you are aware, the Eden Prairie City Council adopted Resolution 88-299 in December of 1988, stating that the Interim Report of The Flying Cloud Airport Master Plan Update was not in conformance with our Comprehensive Guide Plan. In March of 1989,the Metropolitan Council adopted the Interim Report with the recommendation that negotiations between the City and Metropolitan Airports Commission(MAC)take place to resolve outstanding concerns before completion of the final plan. -_ The City learned in May of this year that the MAC adopted the Final Report of the Flying Cloud • Airport Master Plan Update and initiated the environmental review process. This review includes an Environmental Assessment Worksheet (EAW) and a Draft Scoping Decision Document (DSDD)which are preludes to the Environmental Impact Statement. The City of Eden Prairie did not have the opportunity to review and comment on the Final Report of the Master Plan Update before MAC approved it. Now, the City has learned through the review of the EAW/DSDD that changes to the Master Plan took place between the Interim Report and Final Report, including an additional 500 foot westerly shift in the runway extension due to new FAA runway protection zone criteria. It is my understanding that MAC was aware of this criteria for two years. This modification in the plan concerns the City with regard to both environmental and social impacts. City Planning Staff has indicated to me that the Metropolitan Council will be reviewing the Final Report of the Master Plan Update on September 17, 1991, with full Met Council Review and possible approval on September 26, 1991. J aecvcra veow Chauncey Case Metropolitan Council September 10, 1991 Page 2 With this in mind,and in light of the significant modifications to the Final Report of the Master Plan Update,we urge the Metropolitan Council to postpone any action on the Final Report until further discussions between MAC, the City and Metropolitan Council take place. In addition, we recommend that the change in the plan warrants a new public hearing process to allow all those affected by such change the opportunity to respond. Very Truly u , • Carl J.Julie City Manager cc: Ms. Mary Anderson,Chairperson, Metropolitan Council Tim Anderson,Metropolitan Airports Commission Mark Ryan, Metropolitan Airports Commission Mayor Douglas B.Tenpas City Council Members Scott A. Kipp,Planner Steve Yerkes CASE2.SAK:bs • • aoq MEMORANDUM i TO: Mayor and City Council FROM: Flying Cloud Airport Advisory Commission William Helker, Chairman SUBJECT: Clarification of Some Facts About the Flying Cloud Airport Expansion Proposal. DATE: September 10, 1991 The runway and facilities expansion proposed for Flying Cloud Airport by the Metropolitan Airports Commission(MAC)are understandably causing interest and concern on the part of Eden Prairie citizens and the business community. The Flying Cloud Airport Advisory Commission hopes that it can provide an unbiased source of information to the Mayor and City Council as you consider the City's options in this matter. The Advisory Commission unanimously presents the following facts to your attention: 1. A noise abatement plan has been adopted and does provide effective measures(e.g.,noise monitoring, increased pattern altitude, training restrictions) which, given time and operator education, will be helpful in alleviating noise. 2. There has been no increase in the aircraft gross weight category at Flying Cloud Airport. This is still under consideration by MAC. 3. Whether or not the runway is lengthened, traffic is forecast to increase. The extension may be expected to make a minimal contribution to this increase. 4. Despite the possibility that the runway may be lengthened 1600 feet westward, MAC is now committed to pursuing an FAA waiver which will return the proposal to its original 1100 foot westward expansion. 5. Mere lengthening of the runway cannot change the airport classification from"Minor use" to"Intermediate use"and, thus,open the airport to a significant change in the character of airport operations. Such reclassification can only be achieved through legislative action. 6. Although it is true that MAC does not pay property taxes on the airport land other than that used for agricultural purposes, hangar owners and commercial operators do. We hope that the foregone observations will be helpful to the Mayor and City Council. We strongly recommend that the City Council make maximum use of the Flying Cloud Airport Advisory Commission to aid you in your future deliberations.