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HomeMy WebLinkAboutCity Council - 03/07/1989AGENDA HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, MARCH 7, 1989 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: HOUSING & REDEVELOPMENT AUTHORITY STAFF: PLEDGE OF ALLEGIANCE ROLL CALL Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Finance Director John Frane, City Attorney Roger Pauly, and Recording Secretary Deb Edlund I. CALL MEETING TO ORDER II. HRA RESOLUTION NO. 82:121, APPROVING REVISIONS TO THE TAX INCREMENT FINANCING PLAN FOR PRAIRIE VILLAGE APARTMENTS Page 409 III. ADJOURNMENT TUESDAY, MARCH 7, 1989 AGENDA EDEN PRAIRIE CITY COUNCIL IMMEDIATELY FOLLOWING HOUSING & REDEVELOPMENT AUTHORITY MEETING, 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas 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 Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL SPECIAL RECOGNITION TO SERGEANT JIM MATSON AND HAWKEYE I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Council Agenda - 2 - Tues.,March 7, 1989 II. BOND SALE A. Resolution No. 89-53, Awarding $1,200,000 in Certificates Page 421 of Indebtedness B. Resolution No. 89-54, Awarding Sale of $2,060,000 General Page 436 Obligation Building Refunding Bonds C. Resolution No. 89-55, Awarding Sale of $2,770,000 General Page 453 Recreation Refunding Bonds III. MINUTES A. Housing & Redevelopment Authority Meeting held Tuesday, October Page 470 18 1988 B. Eden Prairie City Council Meeting held Tuesday, October 18 1988 Page 473 C. Eden Prairie City Council Meeting held Tuesday, February 7 1989 Page 489 IV. CONSENT CALENDAR A. Clerk's License List Page 506 B. Settlement Agreement with Shafer Contracting Company, Inc. Page 507 C. Proclamation for Girl Scout Week, March 12-18, 1989 Page 509 D. 2nd Reading of Ordinance No. 6-89 Surface Management Ordinance Page 394 for Mitchell and Red Rock Lakes E. Status of Recycling Efforts Page 511 F. Receive and Award Bid for Franlo Park Irrigation Project Page 514 G. Resolution Relating to $9,045,000 General Obligation Bonds. Page 515 Providing for an Election on the Issuance Thereof (Resolution No. 89-44) H. Final Plat Approval for Eden Prairie Center 5th Addition - Proposed Site for Arby's Restaurant (located north of Prairie C enter Drive within the Eden Prairie Center Area) Resolution No. 89-46 I. Final Plat Approval for Bennett Place Addition (located east of Bennett Place and south of County Road 11 Resolution No. 89-47 J. Cha nge Order No. 4 Water Treatment Plant Improvements, I.C. 5 -072A, Contract NoTr —Shaw-Lundquist Associates, Inc. K. Resolution Requesting that the Commissioner of Transportation Review the Speed Zones of C77A.H. 4 (north of C.S.A.H.777 -1— Eden Prairie) Resolution No. 89-48 Page 522 Page 524 Page 526 Page 519 City Council Agenda - 3 - Tues.,March 7, 1989 L. PRIMETECH IX, Primetech IX Limited Partnership. 2nd Reading of Ordinance No. 3-89-PUD-1-89, Planned Unit Development District Review on 87 acres with a waiver for structure height and Zoning District Change from C-Reg-Ser to office on 5.5 acres; Approval of Developer's Agreement for Primetech IX; and Adoption of Resolution No. 89-51, Authorizing Summary of Ordinance No. 3-89-PUD-1-89 and Ordering Publication of Said Summary. 5.5 acres for construction of a 62,669 square foot office building. Location: North of Shady Oak Road, east of City West Parkway, west of Highway #169 (Ordinance No. 3-89-PUD-1-89 - PUD District and Rezoning; Resolution No. 89-51 - Authorizing Summary and Publication) M. BENNETT PLACE ADDITION by Sam Thorpe and Frank Cardarelle. 2nd Page 535 Reading of Ordinance No. 8-89, Zoning District Change from R1-22 to R1-13.5 on 1.48 acres; Adoption of Resolution No. 89-52, Authorizing Summary of Ordinnace No. 8-89 and Ordering Publication of Said Summary. 1.48 acres into four single family lots. Location: East of Bennett Place, north of Blossom Road (Ordinance No. 8-89 - Rezoning; Resolution No. 89-52 - Authorizing Summary and Publication) Page 528 V. PUBLIC HEARINGS A. PRAIRIE VILLAGE APARTMENTS - Approval of an Amended Tax Increment Financing Plan and Amended Interest Rate Reduction Program (resolution 89-40) Continued from February 21, 1989 VI. PAYMENT OF CLAIMS VII. ORDINANCES & RESOLUTIONS A. Ordinance No. 5-89 Amending City Code Chapter 2 Section 2.10 (Board/Commission Members appointed to no more than two full consecutive terms) VIII. PETITIONS, REQUESTS & COMMUNICATIONS IX. REPORTS OF ADVISORY COMMISSIONS X. APPOINTMENTS A. Appointment of Study Committee on Mayoral Term (Continued from February -2-1,7989) XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Director of Parks Recreation & Natural Resources Page 539 Page 551 Page 559 City Council Agenda - 4 - Tues.,March 7, 1989 F. Report of Director of Public Works 1. Award Contract for Street Sweeper G. Report of Finance Director XII. NEW BUSINESS XIII. ADJOURNMENT HRA RESOLUTION NO. A RESOLUTION TO AMEND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTIONS 469.174 TO 469.179, INCLUSIVE, FORMERLY SECTIONS 273.71 TO 273.78, INCLUSIVE, OF MINNESOTA STATUTES, AND TO APPROVE THE HOUSING AND REDEVELOPMENT AUTHORITY'S INTEREST REDUCTION PROGRAM FOR THE DISTRICT, AND TO ENTER INTO A FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT. WHEREAS, the City Council of the City of Eden Prairie, Minnesota, ("City"), has determined that it is necessary and desirable in the public interest to designate, establish, develop and administer a Housing District in the City of Eden Prairie, Minnesota, as defined in Minnesota Statutes, Section 469.174, subd. 11, formerly Section 273.72, subd. 11; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, ("HRA"), has adopted a Redevelopment Plan dated October, 1985 (the "Plan"), part of which plan contains a method of financing for a Project as defined in Minnesota Statutes, Section 462.421, subd. 14; and WHEREAS, the City Council adopted the Plan on November 5, 1985; and WHEREAS, the HRA, by resolution duly adopted at a meeting held on February 18, 1986, did approve a Tax Increment Financing Plan ("TIF Plan") and Interest Reduction Program; and WHEREAS, the City Council, by resolution duly adopted at a meeting held February 18, 1986, did approve the TIF Plan and the Interest Reduction Program and designate Tax Increment Financing District No. 10 ("TIF District No. 10"); and WHEREAS, the City Council of the City has determined that tax increment financing will be necessary to finance the public costs associated with the Housing District and Project within the TIF District pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive, formerly Sections 273.71 to 273.78, inclusive; and WHEREAS, the HRA has fully informed the members of the Board of Hennepin County Independent School District 272 and Vocational School District 287 and Hennepin County Board of Commissioners of the fiscal and economic implications of the proposed TIF District; and Li', JO WHEREAS, the RRA has been requested to amend the TIF Plan to increase the amount of tax increment to be used for the Interest Reduction Program in exchange for obtaining additional low income housing for elderly persons in the TIF District; and WHEREAS, the HRA has been presented with a Proposed First Amended and Restated Project Management Agreement to be entered into by the HRA and the developer of the Project. WHEREAS, the Amended TIF Plan will afford maximum opportunity consistent with the sound needs of the municipality as a whole for the redevelopment of the area encompassed within the TIF District No. 10 by private enterprise; and WHEREAS, the Amended TIF Plan conforms to the general plan for the redevelopment of the area and development of the municipality as a whole; and WHEREAS, the HRA finds the Amended TIF Plan is intended to provide financing that will enable the Project to provide lower income housing for elderly persons, meeting, at a minimum, the requirements of Minnesota Statutes, Section 469.012, subd. 7; NOW, THEREFORE, BE IT RESOLVED, THE HRA OF THE CITY OF EDEN PRAIRIE, does hereby adopt the Amended TIF Plan and Amended Program for the Project and does authorize execution of the First Amended and Restated Project Management Agreement by the Chairman and Administrator of the HRA in substantially the form presented to the HRA with such changes and modifications as the Chairman and Administrator shall approve, their signatures being conclusive evidence of such approval, and finds: 1. That the proposed development, in the opinion of the HRA, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; 2. That the Amended TIF Plan conforms to the general plan for the development or redevelopment of the municipality as a whole; 3. That the Amended TIF Plan will afford maximui opportunity consistent with the sound needs of the City as a whole for the development of the district by private enterprise; 4. That the Amended Program and the First Amended and Restated Project Management Agreement are necessary to accomplish the goals of the City and carry out the Amended TIF Plan. 2. 5. That the HRA makes the above findings and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit "A." ADOPTED BY THE HRA this 7th day of March, 1989. Chairman ATTEST: Administrator 3. EXHIBIT "A" TO RESOLUTION REASONS AND FACTS SUPPORTING FINDINGS FOR THE ADOPTION OF THE AMENDED TAX INCREMENT FINANCING PLAN AND AMENDED INTEREST RATE REDUCTION PROGRAM RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 10. BACKGROUND AND SUMMARY OF EVIDENCE In late 1984, the Planning Commission for the City of Eden Prairie first reviewed the site plan for the proposed Prairie Village Apartments (the "Project"). The proposal originally involved one 56-unit apartment building for lower income elderly persons and one 56-unit multifamily apartment building in which at least 20% of the units would be reserved for tenants whose adjusted gross income did not exceed 80% of the Minneapolis/St. Paul metropolitan statistical area median income. The Project was proposed for the parcel legally described as all of Outlot B and that part of Outlot C, Gonyea 4th Addition, Hennepin County, Minnesota, lying northwesterly of a line drawn from a point on the westerly line of said Outlot C distant 96.68 feet southeasterly along said western line from the most westerly corner of said Outlot C to a point on the northerly line of said Outlot C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said Outlot C (hereinafter referred to as the "Parcel"). It was determined that the Parcel was vacant, unused and underused within the meaning of Minnesota Statutes, Section 426.421, subd. 13(3) and the Planning Commission A-1 recommended approval of the site plan to the City Council. At the direction of the Eden Prairie Housing and Redevelopment Authority (hereinafter referred to as the "HRA"), a redevelopment plan for Prairie Village Apartments was prepared with the cooperation and assistance of the appropriate City department. The redevelopment plan was completed in October, 1985. The plan included the following analysis as to why the proposed Prairie Village Apartments would be consistent with the City's housing policies, RELATIONSHIP TO LOCAL OBJECTIVES The Prairie Village Apartments Project is consistent with the following policies set forth in the City's Housing Plan which was adopted pursuant to Minnesota Statutes, Chapter 462(C). 1. The City's desire to encourage low income housing projects and to work with the Metropolitan Council to develop such projects. 2. The City's desire to encourage development of a variety of living and working environments for all kinds of people by holding development costs down. 3. The City's desire to encourage a variety of housing types and prices through innovative land use mixes. 4. The City's desire to encourage development of a variety of living and working environments for people of all ages, races and income groups. 5. In creating its multifamily housing finance program, the City Council of the City has found and determined that the preservation and enhancement of the high quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of the City; that a need exists within the City to provide in a timely fashion additional and affordable housing to persons residing and expected to reside in the City; that a need exists for mortgage credit to be made available for the new construction of additional multifamily housing; that a need exists to encourage elderly and low income A-2 housing projects; that a need exists to encourage development of a variety of living and working environments for all kinds of people by holding development costs down; that a need exists to encourage a variety of housing types and prices through innovative architecture and land use mixes; and that a need exists to encourage development of a variety of living and working environments for all people of all ages, races, and income groups. 6. The City, in considering the multifamily housing program, has considered generally available information regarding conditions in the housing industry and the information contained in the City's Minnesota Statutes, Chapter 462(C) Housing Plan, adopted on October 30, 1978, as amended February 2, 1982 (the "Housing Plan"), including particularly i. The availability and affordability of other government housing programs; The availability and affordability of private market financing for the acquisition of land for and construction of multifamily housing units; iii. An analysis of population and employment trends and future employments needs; iv. The recent housing trends and future housing needs of the City; and v. An analysis of now the program will meet the needs of persons and families residing and expected to reside in the City. 7. The City, in considering this program, has further considered i. The amount, timing, and sale of bonds to finance the estimated amount of construction and mortgage loans to be made under the program, to fund the appropriate reserves and to pay the cost of issuance; The method of monitoring and implementation of the program to assure compliance with the City's Housing Plan and its objectives; The method of administering, servicing, and supervising the program; iv. The cost to the City, including future administrative expenses; A-3 LIN v. The restrictions on the multifamily development to be financed under this program; and vi. Certain other limitations. The Plan along with the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10 proposed to be located entirely within the Redevelopment Plan area was duly transmitted by the HRA to the Planning Commission for the City of Eden Prairie for its study and opinion thereon. At its meeting of October 28, 1985, the Planning Commission recommended adoption of the Plan and the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. On November 5, 1985, in Resolution 85-2 the HRA adopted the October, 1985, Redevelopment Plan which included the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. On November 5, 1985, in Resolution 85-243, the City Council, City of Eden Prairie, also approved the Redevelopment Plan and preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. On November 5, 1985, in Resolution No. 85-1 the HRA authorized the chairman and administrator of the HRA to execute on behalf of the HRA the Purchase Agreement for the Parcel and the Project Management Agreement. Resolution No. 85-1 authorized the HRA to purchase the Parcel for $150,000.00 payable in cash, $128,819.00 to be paid by the HRA and $21,181.00 to be paid by Prairie Village Limited Partnership. On November 19, 1985, the chairman and administrator of the HRA executed said Purchase Agreement and Project Management A-4 Agreement. On November 23, 1985, the Parcel was conveyed by the HRA to Prairie Village Limited Partnership for $21,181.00. The $128,819.00 originally paid by the HRA was subsequently reimbursed to the HRA in a Community Development Block Grant. On February 18, 1986, the HRA and the City Council designated and established the Housing District for Tax Increment Financing District No. 10, approved Tax Increment Financing District No. 10, and adopted the Tax Increment Financing Plan and Interest Reduction Program therefor. Since that date, the Tax Increment Financing Plan for Tax Increment Financing District No. 10 has undergone several changes. The original proposal for the Project included one 56-unit apartment building for lower income elderly persons and one 56-unit apartment building in which at least 20% of the units would be reserved for tenants whose adjusted gross income did not exceed 80% of the Minneapolis/St. Paul Standard Metropolitan Statistical Area median income. The Project now includes one 56-unit apartment building for lower income elderly persons and one 56-unit apartment building to be rented at market rates. The Project Management Agreement to be executed by the developer of the Project will require that eighty percent (80%) of the elderly Units of the Project be rented to individuals or families whose incomes do not exceed sixty percent (60%) of the median income for the Minneapolis- St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. Twenty percent (20%) of the elderly units of the Project must be rented to A-5 individuals or families whose incomes do not exceed seventy percent (70%) of the median income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. The rent charged by the developer for each unit rented to a lower income elderly person or household may not exceed thirty percent of sixty percent or thirty percent of seventy percent of median income, as applicable, annually. Such rents may not be increased by more than seven and five-tenths percent (7.5%) a year, or the amount calculated as described above and based on median income as determined by HUD from time to time, whichever is less. It is contemplated that the Project will be partially financed through the sale of tax-exempt housing revenue bonds in the approximate amount of $5,750,000. The proposed Interest Reduction Program will cover the entire Project, but be applied to assist in financing the 56-unit apartment building for elderly lower income tenants. Based upon the evidence and the record the Council sets forth its further specific reasons and facts supporting its Findings as follows: I. Tax Increment Financing District No. 10, described in the Amended Tax Increment Financing Plan for Tax Increment Financing District No. 10, consists of one parcel legally described as all of outlot B and that part of Outlot C, Gonyea 4th Addition, Hennepin County, Minnesota, lying northwesterly A-6 of a line drawn from a point on the westerly line of said Outlot C distant 92.68 feet southeasterly along said westerly line from the most westerly corner of said Outlot C to a point on the northerly line of said Outlot C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said Outiot C. (Tax Increment Financing District No. 10 is hereinafter referred to as "TIP District No. 10"; the Amended Tax Increment Financing Plan for TIF District No. 10 is hereinafter referred to as the "Amended TIF Plan"; and the property located within the TIF District No. 10 and identified above is hereinafter referred to as the "Parcel"). The Project consists of development of a residential complex containing two 56-unit apartment buildings and their accessory land uses. Fifty-six (56) units are intended for elderly lower income households and the other 56 units will be made available at market-rate rentals. The Project has an estimated development cost of $6,505,000 and will be partially financed through the sale of tax-exempt housing revenue bonds. The Parcel has been purchased by the Eden Prairie Housing and Redevelopment Authority and has been sold to Prairie Village Limited Partnership, the developer. The Project will result in increased housing and lower income elderly housing in the City and it will preserve and enhance the quality of life of the City by providing a range of housing opportunities. A-7 IV. The Project is intended for occupancy, in part, by elderly persons of lower income. Eighty percent (80%) of the elderly units of the Project will be rented to individuals or families whose incomes do not exceed sixty percent (60%) of the median income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. Twenty percent (20%) of the elderly units of the Project will be rented to individuals or families whose incomes do not exceed seventy percent (70%) of the median income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. The rent charged by the developer for each unit rented to a lower income person or family will not exceed thirty percent of sixty percent or thirty percent of seventy percent of median income, as applicable, annually. Such rents may not be increased by more than seven and five-tenths percent (7.5%) a year, or the amount calculated as described above and based on median income as determined by HUD from time to time, whichever is less. V. If the Project were financed with a conventional mortgage, the rents which would be needed to meet the mortgage payments would be so high that they would not be affordable to lower income tenants. The Interest Reduction Program, together with housing revenue bond financing, will allow rents to be set at A-8 qI9 such levels as to qualify it as a lower income development and will make the Project economically feasible. For these reasons the use of tax increment financing for the Project is deemed necessary. SOK:EY2 A-9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 89- RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,200,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1989C BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. (a) This Council, by resolution adopted February 7, 1989, authorized the issuance and sale of $1,200,000 General Obligation Equipment Certificates of Indebtedness, Series 1989C (the Obligations) to finance the cost of acquiring capital equipment. (b) Pursuant to Minnesota Statutes, Section 124.76, the requirements as to public sale do not apply to the issuance of certificates under certain circumstances. Springsted Incorporated, financial advisor to the Issuer, has solicited on behalf of the Issuer proposals for the purchase of the Obligations, and such solicitation by Springsted Incorporated is hereby approved and ratified. Pursuant to the Official Terms of Offering, prepared on behalf of the Issuer by Springsted Incorporated, proposals for the purchase of the Obligations were received at or prior to the time specified for opening bids. The proposals have been opened, read and considered, and the purchase price, interest rate and net interest cost under the terms of each proposal have been determined. The most favorable offer received is that , of (the Purchaser), to purchase the Obligations at a price of $ , plus accrued interest, and upon the further terms and conditions set forth in this resolution. (c) The sale of the Obligations is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Obligations in accordance with the terms of the proposal. The good faith check of the Purchaser shall be retained by the City Finance Director/Clerk until the Obligations have been delivered. The good faith checks of other bidders shall be returned to them forthwith. Section 2. Obligation Terms; Registration; Execution and Delivery. 2.01. Issuance of Obligations. 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 Obligations 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 Obligations, to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities; Interest Rates; Denominations; Payment. The Obligations shall be originally dated as of April 1, 1989, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature on April 1, without option of prior payment, in the respective years and amounts stated below, and shall bear interest from date of issue until paid at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 1991 $300,000 1992 300,000 1993 300,000 1994 300,000 The Obligations shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Obligation, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.03. Dates; Interest Payment Dates. Each Obligation shall bear a date of original issue as of April 1, 1989. Upon the initial delivery of the Obligations pursuant to Section 2.06 and upon any subsequent transfer or exchange pursuant to Section 2.04, the date of authentication shall be noted on each Obligation so delivered, exchanged or transferred. Interest on the Obligations shall be payable on each April 1 and October commencing April 1, 1990, 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. 2.04. Registration. The Issuer shall appoint and maintain a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: -2- (4 (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 Obligations and the registration of transfers and exchanges of Obligations entitled to be registered, transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transeer of any Obligation 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 Obligations 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 Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a likc aggrcgatc principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations 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 Obligation is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation 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 Obligation is at any time registered in the bond register as the absolute owner of such Obligation, whether such Obligation shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of an interest on such Obligation and for all other purposes, and all such payments so made to any such registered owner or upon the -3- owner's order shall be valid and effectual to satisfy and discharge the liability upon such Obligation to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Obligations, 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 Obligations. In case any Obligation shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Obligation of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any such Obligation 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 Obligation destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Obligation 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 Obligations 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 Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints , in , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. -4- q J 2.06. Execution, Authentication and Delivery. The Obligations shall be prepared under the direction of the City Finance Director/Clerk and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager, 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 Obligations shall cease to be such officer before the delivery of any Obligation, 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 Obligation 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 Obligation has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Obligations need not be signed by the same representative. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been so prepared, executed and authenticated, the City Finance DirectGr/Clerk shall deliver the same 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. 2.07. Form of Obligations. The Obligations shall be printed in substantially the following form: -5- [Face of the Obligations] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1989C Date of Rate Maturity Original Issue CUSIP April 1, 1989 SEE REVERSE REGISTERED OWNER: FOR CERTAIN DEFINITIONS PRINCIPAL AMOUNT: DOLLARS FOR VALUE RECEIVED, the City of Eden Prairie, Hennepin County, Minnesota (the Issuer), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above, without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable on April 1 and October 1 in each year, commencing April 1, 1990, to the person in whose name this Certificate is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar hereinafter designated, the principal hereof are payable in lawful money of the United States of America by check or draft by in , Minnesota, as Registrar, Transfer Agent and Paying Agent, or its designated successor under the Resolution described herein (the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Additional provisions of this Certificate 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. -6- This Certificate 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 Certificate to be executed by the facsimile signatures of the Mayor and City Manager and by a printed facsimile of the official seal of the Issuer and has caused this Certificate to be dated as of the date set forth below. Date of Authentication: (Facsimile Signature) (Facsimile Signature) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Certificates delivered pursuant to the Resolution mentioned within. as Registrar By Authorized Representative -7- [Reverse of the Obligations] This Cert.iiicate is one of an issue in the aggiegate principal amount of $1,200,000 (the Certificates), issued pursuant to a resolution adopted by the City Council on March 7, 1989 (the Resolution), to finance the acquisition of capital equipment, 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 412.301 and Chapter 475. The Certificates of this series are issuable only in fully registered form, in denominations of $5,000 or any multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Certificate 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 Certificates of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Certificate or Certificates 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 Certificate is registered as the absolute owner hereof, whether this Certificate is overdue or not, for the purpose of receiving payment and for all other purposes, and aeither 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 Certificate 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, prior to the issuance hereof the Issuer has levied ad valorem taxes on all taxable property in the Issuer, which taxes will be collectible for the years and in amounts sufficient to produce sums not less than 5% in -8- excess of the principal of and interest on the Certificates of this issue when due, and has appropriated such taxes to the payment of such principal and interest; and that the issuance of this Certificate 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 Certificate, 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 Equipment Certificates of Indebtedness, Series 1989C of the City of Eden Prairie, Hennepin County, Minnesota, which includes the within Certificate, dated as of the date of delivery of and payment for the Certificates. (Facsimile Signature) (Facsimile Signature) City Manager Mayor -9- The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA Custodian in common (Cust) (Minor) TEN ENT -- as tenants by the entireties JT TEN as joint tenants with right of survivorship and not as tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: SIGNATURE GUARANTEE: 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. NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration, enlargement or any change whatsoever. -10- Section 3. Series 1989C Equipment Certificate Sinking Fund. The Obligations shall be payable from a separate Series 1989C Equipment Certificates Sinking Fund (the Fund) of the Issuer, which Fund the Issuer agrees to maintain until the Obligations have been paid in full. If the money in the Fund should at any time be insufficient to pay principal and interest due on the Obligations, such amounts shall be paid from moneys on hand in other funds of the Issuer, which other funds shall be reimbursed therefor when sufficient money becomes available in the Fund. Into the Fund shall be paid all proceeds received from the purchaser in excess of $1,185,600, all taxes collected pursuant to Section 4 hereof, any excess proceeds remaining after acquisition of the equipment is complete and any other funds appropriated by the Council to the payment of the Obligations. Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as the payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes are to be levied and collected in the following years and amounts: Levy Year Collection Year Amount 1989 1990 1991 1992 1990 1991 1992 1993 The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Obligations shall cease. The Issuer may discharge its obligations with respect to any Obligations 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 Obligation should not be paid when due, it may -11- nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Obligations, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or the redemption date. Section 6. Registration of Obligations. The City 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 as the Auditor may require, and to obtain a certificate from the Auditor that the Obligations have been duly entered upon his bond register and the tax required by law has been levied. Section 7. Authentication of Transcript. The officers of the Issuer and the County Auditor of Hennepin County are hereby 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 relating to the Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. Section 8. Tax Covenant. (a) The Issuer covenants and agrees with the registered owners from time to time of the Obligations 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 Obligations to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations); and that it will take, or it will cause its officers, employees or agents to take, all actions which may be necessary to insure that such interest will not become subject to taxation under the Code, including, -12- without limitation, compliance with Section 148 of the Code. References to the Code herein include all regulations, amended regulations and proposed regulations issued thereunder as now existing or as hereafter amended or proposed. The Issuer represents and covenants that the capital equipment financed by the issuance of the Obligations will be owned by the Issuer and used in its municipal operations. The Issuer will not enter into any lease or other agreement respecting the equipment which would cause the Obligations to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. (b) The Mayor, the City Manager and the City Finance Director/Clerk being the officers of the Issuer charged with the responsibility for issuing the Obligations pursuant to this resoluticn, are authorized and directed to execute and deliver to the Purchaser a certificate in order to satisfy the provisions of Section 148 of the Code and the Regulations. Section 9. Rebate to the United States. 9.01. The "Rebate Amount" is an amount equal to the sum of: (1) the excess of: (i) the aggregate amount earned from the date of issue of the Obligations on all Nonpurpose Obligations in which Gross Proceeds of the Obligations are invested (other than amounts attributable to the excess described in this clause) over, (ii) the amount that would have been earned if the yield on such Nonpurpose Obligations had been equal to the yield (determined on the basis of the issue price) on the Obligations plus (2) any income attributable to the excess described in Section 9.01(1) above (whether or not such income exceeds the yield on the Obligations). 9.02. For purposes of determining the aggregate amount earned on a Nonpurpose Obligation, any gain or loss on the disposition of a Nonpurpose Obligation shall be taken into account. In addition, if any Nonpurpose Obligation is retained after retirement of the Obligations, any unrealized gain or -13- Li B loss as of the date of retirement of the Obligations must be taken into account in calculating the aggregate amount earned on a Nonpurpose Obligation. 9.03. For purposes of determining the aggregate amount earned on a Nonpurpose Obligation in determining the Rebate Amount, any amount earned on the sinking fund established in Section 4.02 of this resolution (other than on any excess not qualifying for the temporary period permitted a "bona fide debt service fund"). 9.04. At least once a year beginning on the date of issue of the Obligations and ending upon retirement of the last Obligations, the City Finance Director/Clerk will cause to be made a determination of the Rebate Amount. The first determination of the Rebate Amount shall be made on the date which is one year after the date of issue of the Obligations. The determination of the Rebate Amount for each succeeding year shall be made on the date which is one year after the date of the previous determination of the Rebate Amount. The determination of the Rebate Amount made each year shall be computed for the period beginning on the date of issue of the Obligations to the date on which the determination of the Rebate Amount is made. 9.05. Records of the determinations of the Rebate Amount shall be retained by the City Finance Director/Clerk until 6 years after the retirement of the Obligations. 9.06. At least once every five years beginning on the date of issue of the Obligations, the City Finance Director/Clerk, acting on behalf of the Issuer, shall make installment payments in an amount at least equal to 90 percent of the Rebate Amount. The first installment payment of the Rebate Amount shall be made no later than 30 days after the end of the 5 year period beginning on the date of issue of the Obligations. Each subsequent installment payment shall be made no later than 5 years after the previous payment was made. The last installment payment shall be made no later than 30 days after the day on which the last Obligations are redeemed or paid and shall be in an amount sufficient to pay the remaining balance of the Rebate Amount. 9.07. Each installment payment of the Rebate Amount shall be: (i) filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255; (ii) accompanied by a copy of the Form 8038G, filed with respect to the Obligations; -14- LIN (iii) accompanied by a statement summarizing the determination of the Rebate Amount. 9.08. Each payment of the Rebate Amount shall be made from available funds of the Issuer. 9.09. To insure full compliance with the above provisions, the Issuer agrees not to make a "prohibited payment". A "prohibited payment" is a payment, or an agreement to pay, to a party other than the United States, an amount that is required to be pacl to the United States by entering into a transaction that reduces the amount described in 5.01 above. Section 10. Official Statement. The Official Statement relating to the Obligations, dated February 27, 1989, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved. 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. M a yor Attest: City Finance Director/Clerk -15- Member then introduced the following resolution and moved its adoption: RESOLUTION NO. 89-.L7/ RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,060,000 GENERAL OBLIGATION PUBLIC BUILDING REFUNDING BONDS, SERIES 1989A BE IT RESOLVED by the City Council of Eden Prairie, Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. (a) This Council, by resolution duly adopted February 7, 1989, authorized the issuance and sale of General Obligation Public Building Refunding Bonds, Series 1989A, of the Issuer, initially dated April 1, 1989 (the Bonds) the proceeds of which are to be used, together with any additional funds of the Issuer which might be required, to refund in advance of maturity the outstanding principal amount of the following bond issue of the Issuer (the Refunded Bonds): Title of Issue Date of Issue Outstanding Principal Amount General Obligation Public Building Bonds of 1982 March 1, 1982 $1,875,000 (b) Notice of Bond Sale has been duly published, and the Council has publicly considered all sealed bids presented in conformity therewith. The most favorable bid received is that of , of , and associates (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest, and upon the further terms and conditions set forth in this resolution. It is hereby found that by acceptance of said bid and refunding of the Refunded Bonds in accordance with the procedures set forth in Minnesota Statutes, Section 475.67, the Issuer can realize a substantial debt service savings. (c) The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the bid. The good faith check of the Purchaser shall be retained by the City Finance Director/Clerk until the Bonds are delivered. The good faith checks of the other bidders shall be returned to them forthwith. Section 2. Bond Terms; Registration; Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened ana 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. 2.02. Maturities; Interest Rates; Denominations. The Bonds shall be originally dated as of April 1, 1989, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature on March 1, in the respective years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 $ 40,000 45,000 65,000 85,000 105,000 125,000 145,000 170,000 195,000 225,000 255,000 285,000 320,000 The Bonds shall be issuable only in fully registered form. The interest thereon and upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.03. Dates; Interest Payment Dates. Each Bond shall bear a date of original issue of April 1, 1989. Upon the initial delivery of the Bonds pursuant to Section 2.07 hereof and upon any subsequent transfer or exchange pursuant to 2.04, -2- (el the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on each March 1 and September 1, commencing March 1, 1990, to the owner 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. 2.04. Registration. The Issuer shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly 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 -3- 437 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 sucn 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 terms it shall not be necessary to issue a new Bond prior to payment. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the -4- Le9 resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Redemption. Bonds maturing in the years 1990 through 1997 shall not be subject to -edemption prior to maturity, but Bonds maturing in the years 1998 through 2002 shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in inverse order of maturity dates and by lot as to Bonds maturing on the same date, on March 1, 1997, and any interest payment date thereafter at a price equal to the principal amount thereof and accrued interest to the date of redemption. Prior to the date set for redemption of any Bond prior to its stated maturity date, the City Finance Director/Clerk shall cause notice of the call for redemption thereof to be published as required by law, and, at least 30 days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.04 hereof. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Finance Director/Clerk and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager, 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 the 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 City Finance Director/Clerk shall deliver the same to the Purchaser thereof upon payment of -5- 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. 2.08. Form of Bonds. The Bonds shall be printed in substantially the following form: -6- 441 [Face of the Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION PUBLIC BUILDING REFUNDING BOND, SERIES 1989A Rate Maturity Date of Original Issue CUSIP April 1, 1989 SEE REVERSE REGISTERED OWNER: FOR CERTAIN DEFINITIONS PRINCIPAL AMOUNT; DOLLARS FOR VALUE RECEIVED, the City of Eden Prairie, Hennepin County, Minnesota, (the Issuer), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on March 1 and September 1 in each year, commencing March 1, 1990, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar hereinafter designated, the principal hereof are payable in lawful money of the United States of America by check or draft by in , Minnesota, as Bond Registrar, Transfer Agent and Paying Agent, or its designated successor under the Resolution described herein (the Bond Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. -7- qqa Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same etreci as thouah 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 have been executed by the Bond 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 facsimile signatures of the Mayor and City Manager and by a printed facsimile of the official seal of the issuer and has caused this Bond to be dated as of the date set forth below. Date of Authentication: (Facsimile Signature) (Facsimile Signature) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $2,060,000 (the Bonds), issued pursuant to a resolution adopted by the City Council on March 7, 1989 (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 of this series are issuable only in fully registered form, in denominations of $5,000 or any multiple thereof, of single maturities. -8- Lit/5 Bonds of this issue maturing in 1997 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 1998 and later years are each subject to redemption and prepayment at the option of the Issuer, in whole or in part, and if in part in inverse order of maturity dates and by lot as to Bonds maturing on the same date, on March 1, 1997 and any interest payment date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the Issuer will cause notice of the call for redemption to be published as required by law, and, at least 30 days prior to the designated redemption date, will cause notice of the call thereof to be mailed to the registered owner of any Bond to be redeemed at his address as it appears on the bond register maintained by the Bond Registrar. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the Bond 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 Bond 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 Bond 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 Bond 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 -9- as so required; that the Issuer has appropriated the proceeds of the Bonds, together with such other legally available funds of the Issuer as may be required, and has invested such moneys in securities issued by the United States or certain of its agencies, in such amounts, maturing on such dates, and bearing interest at such rates as are required to provide funds sufficient to pay all principal and interest and redemption premiums due on the refunded bonds on or before their maturity or earlier date designated for their redemption, and has irrevocably placed such funds and securities in escrow for this purpose; that the Bonds are payable from a separate debt service account of the Issuer, and from certain ad valorem taxes which have been appropriated to such account; that, if necessary for payment of principal of and interest on the Bonds, 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 Public Building Refunding Bonds, Series 1989A, of the City of Eden Prairie, Hennepin County, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) City Manager Mayor -1 0- 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 Custodian 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 :rid (State) 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 transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: SIGNATURE GUARANTEE: 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, enlargement or any change whatever. 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. Section 3. Use of Bond Proceeds. The proceeds of the Bonds, other than any premium and accrued interest, and other than any amounts set aside to pay expenses, are irrevocably appropriated, together with such additional sum as may be required from funds now on hand in the debt service funds established for the Refunded Bonds, for the payment and redemption of the Refunded Bonds at their respective maturities or at the earliest dates specified in the resolutions authorizing their issuance for the redemption thereof, and for the payment of interest to become due on the Refunded Bonds on or before the respective dates on which they are to be paid and redeemed. The City 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 with the , in , Minnesota, 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 pay when due the interest to accrue on the Refunded Bonds to their respective maturity dates or the dates designated for their earlier redemption and prepayment, and to pay the principal amount of each of the Refunded Bonds at maturity or at the date designated for the redemption and prepayment thereof. The Mayor and City Manager are hereby authorized to enter into an escrow agreement with said Bank establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. Section 4. Sinking_Fund and Tax Levies. 4.01. The Refunded Bonds are payable from a separate debt service account heretofore established on the books of the Issuer. Upon delivery oi the Bonds, the Refunded Bonds, including interest thereon, will be payable primarily from the escrow account established pursuant to Section 3. Therefore, so long as the escrow account is maintained and payments are made as provided in the escrow agreement, the moneys from time to time on hand in said separate debt service account and originally pledged for payment of the Refunded Bonds will not be required for such purpose, and shall be made available for payment of principal and interest on the Bonds and transferred as required to the debt service account hereinafter created in Section 4.02 for payment of the Bonds. Further, so long as the -12- LW) escrow account is maintained and payments made as provided in the escrow agreement, the ad valorem taxes originally levied for payment of a portion of the principal of and interest on the Refunded Bonds shall not be required, and the City Finance Director/Clerk is consequently authorized to request the cancellation by the County Auditor of Hennepin County of the taxes heretofore levied for payment of the Refunded Bonds and not needed as a result of the establishment of the escrow account and deposit of cash and securities therein. 4.02. The Bonds shall be payable from a separate Series 1989A Public Building Refunding Bond Debt Service Account (the Account) which shall be created and maintained on the books of the Issuer as a separate debt service fund until the Bonds, and all interest thereon, are fully paid. An initial deposit of $ , representing accrued interest on the Bonds, unused bond discount and surplus funds, if any, shall be made into the Account. Thereafter, all moneys transferred pursuant to Section 4.01 shall be deposited in the Account, as well as all ad valorem taxes levied and collected as hereinafter specified. In order to produce aggregate amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the Issuer, said taxes to be levied and collected in the following years and amounts: Levy Collection Levy Collection Year Year Amount Year Year Amount Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61. The Issuer also recognizes and reaffirms its pledge of the full faith and credit of the Issuer to the payment of the Bonds and, in the event that said taxes do not prove sufficient to pay principal and interest on the Bonds, the Issuer will promptly levy additional taxes as necessary for such payment without limitation as to rate or amount. -13- got 4.03. In order to ensure compliance with Section 148 of the Internal Revenue Code, of 1986 (the Code), and applicable regulations, the City Finance Director/Clerk, upon allocation of any funds to the Account, shall ascertain the balance then on hand in the Account. 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 said Section 148 ( Section 5. Rebate to the United States. 5.01. The "Rebate Amount" is an amount equal to the sum of: (1) the excess of: (i) the aggregate amount earned from the date of issue of the Bonds on all Nonpurpose Obligations in which Gross Proceeds of the Bonds are invested (other than amounts attributable to the excess described in this clause) over, (ii) the amount that would have been earned if the yield on such Nonpurpose Obligations had been equal to the yield (determined on the basis of the issue price) on the Bonds plus (2) any income attributable to the excess described in Section 5.01(1) above (whether or not such income exceeds the yield on the Bonds). 5.02. For purposes of determining the aggregate amount earned on a Nonpurpose Obligation, any gain or loss on the disposition of a Nonpurpose Obligation shall be taken into account. In addition, if any Nonpurpose Obligation is retained after retirement of the Bonds, any unrealized gain or loss as of the date of retirement of the Bonds must be taken into account in calculating the aggregate amount earned on a Nonpurpose Obligation. 5.03. For purposes of determining the aggregate amount earned on a Nonpurpose Obligation in determining the Rebate Amount, any amount earned on the Account established in Section 4.02 hereof (other than on any excess not qualifying for the temporary period permitted a "bona fide debt service fund"). -14- 5.04. At least once a year beginning on the date of issue of the Bonds and ending upon retirement of the last Bonds, the City Finance Director/Clerk will cause to be made a determination of the Rebate Amount. The first determination of the Rebate Amount shall be made on the date which is one year after the date of issue of the Bonds. The determination of the Rebate Amount for each succeeding year shall be made on the date which is one year after the date of the previous determination of the Rebate Amount. The determination of the Rebate Amount made each year shall be computed for the period beginning on the date of issue of the Bonds to the date on which the determination of the Rebate Amount is made. 5.05. Records of the determinations of the Rebate Amount shall be retained by the City Finance Director/Clerk until 6 years after the retirement of the Bonds. 5.06. At least once every five years beginning on the date of issue of the Bonds, the City Finance Director/Clerk, acting on behalf of the Issuer, shall make installment payments in an amount at least equal to 90 percent of the Rebate Amount. The first installment payment of the Rebate Amount shall be made no later than 30 days after the end of the 5 year period beginning on the date of issue of the Bonds. Each subsequent installment payment shall be made no later than 5 years after the previous payment was made. The last installment payment shall be made no later than 30 days after the day on which the last Bonds are redeemed or paid and shall be in an amount sufficient to pay the remaining balance of the Rebate Amount. 5.07. Each installment payment of the Rebate Amount shall be: (i) filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255; (ii) accompanied by a copy of the Form 8038G, filed with respect to the Bonds; (iii) accompanied by a statement summarizing the determination of the Rebate Amount. 5.08. Each payment of the Rebate Amount shall be made from available funds of the Issuer. 5.09. To insure full compliance with the above provisions, the Issuer agrees not to make a "prohibited payment". A "prohibited payment" is a payment, or an agreement to pay, to a party other than the United States, an amount that -15- is required to be paid to the United States by entering into a transaction that reduces the amount described in 5.01 above. 5.10. The Issuer will comply with all Regulations and Rulings promulgated pursuant to Section 148 of the Code and, if any such Regulations or Rulings conflict with the provisions of this Section 5, the provisions of said Regulations and Rulings shall be controlling. Section 6. Tax Covenant; Arbitrage. 6.01. The Issuer covenants and agrees with the registered owners from time to time of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Code, and any applicable Treasury Regulations; and that it will take, or it will cause its officers, employees or agents to take, all actions which may be necessary to insure that such interest will not become subject to taxation under the Code, including, without limitation, compliance with Section 148 of the Code. References to the Code herein include all regulations, amended regulations and proposed regulations issued thereunder as now existing or as hereafter amended or proposed. 6.02. The Issuer certifies that the proceeds of the Refunded Bonds were expended for the construction and equipping of the City buildings (the Improvements), which Improvements are owned by the Issuer and available for use by members of the general public on an equal basis. The Issuer will continue to own, operate and maintain the Improvements as public facilities and improvements, and will not enter into any lease or other agreement respecting the Improvements which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 6.03. The Mayor, the City Manager and the City Finance Director/Clerk being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in order to satisfy the provisions of the Code and the Regulations. Section 7. Redemption of Refunded Bonds and Certification of Proceedings. 7.01. The City Finance Director/Clerk is hereby authorized and directed forthwith to call for redemption and prepayment on their earliest redemption date all Refunded Bonds -16- which by their terms are subject to redemption. Notice of the redemption of the Refunded Bonds shall be published and mailed in accordance with the terms of the resolution authorizing their issuance. 7.02. The City Finance Director/Clerk is directed to file with the County Auditor of Hennepin County a certified copy of this resolution, and to obtain from the County Auditor a certificate stating that the Bonds have been entered upon his bond register and the tax required by law has been levied. 7.03. The officers of the Issuer and CounLy Auditor are authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, bond counsel, 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 officers' 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. Section 8. Official Statement. The Official Statement relating to the Obligations, dated February 27, 1989, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved. 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. Attest: City Finance Director/ Mayor Clerk -17- Member then introduced the following resolution and moved its adoption: RESOLUTION NO. 89-<5.( RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,770,000 GENERAL OBLIGATION RECREATIONAL FACILITY REFUNDING BONDS, SERIES 19898 BE IT RESOLVED by the City Council of Eden Prairie, Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. (a) This Council, by resolution duly adopted February 7, 1989, authorized the issuance and sale of General Obligation Recreational Facility Refunding Bonds, Series 19898, of the Issuer, initially dated April 1, 1989 (the Bonds) the proceeds of which are to be used, together with any additional funds of the Issuer which might be required, to refund in advance of maturity the outstanding principal amount of the following bond issue of the Issuer (the Refunded Bonds): Title of Issue Date of Issue Outstanding Principal Amount General Obligation Recreational Facility Bonds of 1980 May 1, 1980 $2,870,000 (b) Notice of Bond Sale has been duly published, and the Council has publicly considered all sealed bids presented in conformity therewith. The most favorable bid received is that of , of , and associates (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest, and upon the further terms and conditions set forth in this resolution. It is hereby found that by acceptance of said bid and refunding of the Refunded Bonds in accordance with the procedures set forth in Minnesota Statutes, Section 475.67, the Issuer can realize a substantial debt service savings. (c) The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the bid. The good faith check of the Purchaser shall be retained by the City Finance Director/Clerk until the Bonds are delivered. The good faith checks of the other bidders shall be returned to them forthwith. Section 2. Bond Terms; Registration; Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, 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. 2.02. Maturities; Interest Rates; Denominations. The Bonds shall be originally dated as of April 1, 1989, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature on May 1, in the respective years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 1990 $ 25,000 1991 60,000 1992 85,000 1993 110,000 1994 135,000 1995 165,000 1996 200,000 1997 235,000 1998 270,000 1999 310,000 2000 350,000 2001 390,000 2002 435,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.03. Dates; Interest Payment Dates. Each Bond shall bear a date of original issue of April 1, 1989. Upon the initial delivery of the Bonds pursuant to Section 2.07 hereof and upon any subsequent transfer or exchange pursuant to 2.04, -2- the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on each May 1 and November 1, commencing November 1, 1989, to the owner 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. 2.04. Registration. The Issuer shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorizei 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 -3- 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 cr 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) Tax-i,s, 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 tc 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. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the Issuer, a contract with said Registrar. Upon merger or -4- consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Redemption. Bonds maturing in the years 1990 through 1997 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1998 through 2002 shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in inverse order of maturity dates and by lot as to Bonds maturing on the same date, on May 1, 1997, and any interest payment date thereafter at a price equal to the principal amount thereof and accrued interest to the date of redemption. Prior to the date set for redemption of any Bond prior to its stated maturity date, the City Finance Director/Clerk shall cause notice of the call for redemption thereof to be published as required by law, and, at least 30 days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.04 hereof. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Finance Director/Clerk and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager, 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 the 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 City Finance Director/Clerk -5- Li shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale hereLofote made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Bonds. The Bonds shall be printed in substantially the following form: -6- [Face of the Bondsl UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION RECREATIONAL FACILITY REFUNDING BOND, SERIES 19898 Rate Maturity REGISTERED OWNER: Date of Original Issue April 1, 1989 CUSIP SEE REVERSE FOR CERTAIN DEFINITIONS PRINCIPAL AMOUNT: DOLLARS FOR VALUE RECEIVED, the City of Eden Prairie, Hennepin County, Minnesota, (the Issuer), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on May 1 and November 1 in each year, commencing November 1, 1989, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar hereinafter designated, the principal hereof are payable in lawful money of the United States of America by check or draft by in Minnesota, as Bond Registrar, Transfer Agent and Paying Agent, or its designated successor under the Resolution described herein (the Bond Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. -7- 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 have been executed by the Bond 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 facsimile signatures of the Mayor and City Manager and by a printed facsimile of the official seal of the Issuer and has caused this Bond to be dated as of the date set forth below. Date of Authentication: (Facsimile Signature) (Facsimile Signature) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $2,770,000 (the Bonds), issued pursuant to a resolution adopted by the City Council on March 7, 1989 (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 of this series are issuable only in fully registered form, in denominations of $5,000 or any multiple thereof, of single maturities. -8- Bonds of this issue maturing in 1997 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 1998 and later years are each subject to redemption and prepayment at the option of the Issuer, in whole or in part, and if in part in inverse order of maturity dates and by lot as to Bonds maturing on the same date, on May 1, 1997 and any interest payment date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the Issuer will cause notice of the call for redemption to be published as required by law, and, at least 30 days prior to the designated redemption date, will cause notice of the call thereof to be mailed to the registered owner of any Bond to be redeemed at his address as it appears on the bond register maintained by the Bond Registrar. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the Bond 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 Bond 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 Bond 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 Bond 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 -9- Litol as so required; that the Issuer has appropriated the proceeds of the Bonds, together with such other legally available funds of the Issuer as may be required, and has invested such moneys in securities issued by the United States or certain of its agencies, in such amounts, maturing on such dates, and bearing interest at such rates as are required to provide funds sufficient to pay all principal and interest and redemption premiums due on the refunded bonds on or before their maturity or earlier date designated for their redemption, and has irrevocably placed such funds and securities in escrow for this purpose; that the Bonds are payable from a separate debt service account of the Issuer, and from certain ad valorem taxes which have been appropriated to such account; that, if necessary for payment of principal of and interest on the Bonds, 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 Recreational Facility Refunding Bonds, Series 1989B, of the City of Eden Prairie, Hennepin County, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) City Manager Mayor -1 0- 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 Custodian 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. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby iirevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: SIGNATURE GUARANTEE: 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, enlargement or any change whatever. 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. Section 3. Use of Bond Proceeds. The proceeds of the Bonds, other than any premium and accrued interest, and other than any amounts set aside to pay expenses, are irrevocably appropriated, together with such additional sum as may be required from funds now on hand in the debt service funds established for the Refunded Bonds, for the payment and redemption of the Refunded Bonds at their respective maturities or at the earliest dates specified in the resolutions authorizing their issuance for the redemption thereof, and for the payment of interest to become due on the Refunded Bonds on or before the respective dates on which they are to be paid and redeemed. The City 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 with the in , Minnesota, 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 pay when due the interest to accrue on the Refunded Bonds to their respective maturity dates or the dates designated for their earlier redemption and prepayment, and to pay the principal amount of each of the Refunded Bonds at maturity or at the date designated for the redemption and prepayment thereof. The Mayor and City Manager are hereby authorized to enter into an escrow agreement with said Bank establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. Section 4, Sinking Fund and Tax Levies. 4.01. The Refunded Bonds are payable from a separate debt service account heretofore established on the books of the Issuer. Upon delivery of the Bonds, the Refunded Bonds, including interest thereon, will be payable primarily from the escrow account established pursuant to Section 3. Therefore, so long as the escrow account is maintained and payments are made as provided in the escrow agreement, the moneys from time to time on hand in said separate .f..?bt service account and originally pledged for payment of the Refunded Bonds will not be required for such purpose, and shall be made available for payment of principal and interest on the Bonds and transferred as required to the debt service account hereinafter created in Section 4.02 for payment of the Bonds. Further, so long as the -12-- q escrow account is maintained and payments made as provided in the escrow agreement, the ad valorem taxes originally levied for payment of a portion of the principal of and interest on the Refunded Bonds shall not be required, and the City Finance Director/Clerk is consequently authorized to request the cancellation by the County Auditor of Hennepin County of the taxes heretofore levied for payment of the Refunded Bonds and not needed as a result of the establishment of the escrow account and deposit of cash and securities therein. 4.02. The Bonds shall be payable from a separate Series 19898 Recreational Facility Refunding Bond Debt Service Account (the Account) which shall be created and maintained on the books of the Issuer as a separate debt service fund until the Bonds, and all interest thereon, are fully paid. An initial deposit of $ , representing accrued interest on the Bonds, unused bond discount and surplus funds, if any, shall be made into the Account. Thereafter, all moneys transferred pursuant to Section 4.01 shall be deposited in the Account, as well as all ad valorem taxes levied and collected as hereinafter specified. In order to produce aggregate amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the Issuer, said taxes to be levied and collected in the following years and amounts: Levy Collection Levy Collection Year Year Amount Year Year Amount Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61. The Issuer also recognizes and reaffirms its pledge of the full faith and credit of the Issuer to the payment of the Bonds and, in the event that said taxes do not prove sufficient to pay principal and interest on the Bonds, the Issuer will promptly levy additional taxes as necessary for such payment without limitation as to rate or amount. -13- (16S 4.03. In order to ensure compliance with Section 148 of the Internal Revenue Code, of 1986 (the Code), and applicable regulations, the City Finance Director/Clerk, upon allocation of any funds to the Account, shall ascertain the balance then on hand in the Account. 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 said Section 148 ( Section 5. Rebate to the United States. 5.01. The "Rebate Amount" is an amount equal to the sum of: (1) the excess of: (i) the aggregate amount earned from the date of issue of the Bonds on all Nonpurpose Obligations in which Gross Proceeds of the Bonds are invested (other than amounts attributable to the excess described in this clause) over, (ii) the amount that would have been earned if the yield on such Nonpurpose Obligations had been equal to the yield (determined on the basis of the issue price) on the Bonds plus (2) any income attributable to the excess described in Section 5.01(1) above (whether or not such income exceeds the yield on the Bonds). 5.02. For purposes of determining the aggregate amount earned on a Nonpurpose Obligation, any gain or loss on the disposition of a Nonpurpose Obligation shall be taken into account. In addition, if any Nonpurpose Obligation is retained after retirement of the Bonds, any unrealized gain or loss as of the date of retirement of the Bonds must be taken into account in calculating the aggregate amount earned on a Nonpurpose Obligation. 5.03. For purposes of determining the aggregate amount earned on a Nonpurpose Obligation in determining the Rebate Amount, any amount earned on the Account established in Section 4.02 hereof (other than on any excess not qualifying for the temporary period permitted a "bona fide debt service fund"). -14- 5.04. At least once a year beginning on the date of issue of the Bonds and ending upon retirement of the last Bonds, the City Finance Director/Clerk will cause to be made a determination of the Rebate Amount. The first determination of the Rebate Amount shall be made on the date which is one year after the date of issue of the Bonds. The determination of the Rebate Amount for each succeeding year shall be made on the date which is one year after the date of the previous determination of the Rebate Amount. The determination of the Rebate Amount made each year shall be computed for the period beginning on the date of issue of the Bonds to the date on which the determination of the Rebate Amount is made. 5.05. Records of tne determinations of the Rebate Amount shall be retained by the City Finance Director/Clerk until 6 years after the retirement of the Bonds. 5.06. At least once every five years beginning on the date of issue of the Bonds, the City Finance Director/Clerk, acting on behalf of the Issuer, shall make installment payments in an amount at least equal to 90 percent of the Rebate Amount. The first installment payment of the Rebate Amount shall be made no later than 30 days after the end of the 5 year period beginning on the date of issue of the Bonds. Each subsequent installment payment shall be made no later than 5 years after the previous payment was made. The last installment payment shall be made no later than 30 days after the day on which the last Bonds are redeemed or paid and shall be in an amount sufficient to pay the remaining balance of the Rebate Amount. 5.07. Each installment payment of the Rebate Amount shall be: (i) filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255; (ii) accompanied by a copy of the Form 8038G, filed with respect to the Bonds; (iii) accompanied by a statement summarizing the determination of the Rebate Amount. 5.08. Each payment of the Rebate Amount shall be made from available funds of the Issuer. 5.09. To insure full compliance with the above provisions, the Issuer agrees not to make a "prohibited payment". A -prohibited payment" is a payment, or an agreement to pay, to a party other than the United States, an amount that -15- qL,1 is required to be paid to the United States by entering into a transaction that reduces the amount described in 5.01 above. 5.10. The Issuer will comply with all Regulations and Rulings promulgated pursuant to Section 148 of the Code and, if any such Regulations or Rulings conflict with the provisions of this Section 5, the provisions of said Regulations and Rulings shall be controlling. Section 6. Tax Covenant; Arbitrage. 6.01. The Issuer covenants and agrees with the registered owners from time to time of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Code, and any applicable Treasury Regulations; and that it will take, or it will cause its officers, employees or agents to take, all actions which may be necessary to insure that such interest will not become subject to taxation under the Code, including, without limitation, compliance with Section 148 of the Code. References to the Code herein include all regulations, amended regulations and proposed regulations issued thereunder as now existing or as hereafter amended or proposed. 6.02. The Issuer certifies that the proceeds of the Refunded Bonds were expended for land, buildings, improvements and equipment for the City's program of parks and recreation (the Improvements), which Improvements are owned by the Issuer and available for use by members of the general public on an equal basis. The Issuer will continue to own, operate and maintain the Improvements as public facilities and improvements, and will not enter into any lease or other agreement respecting the Improvements which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 6.03. The Mayor, the City Manager and the City Finance Director/Clerk being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in order to satisfy the provisions of the Code and the Regulations. Section 7. Redemption of Refunded Bonds and Certification of Proceedings. 7.01. The City Finance Director/Clerk is hereby authorized and directed forthwith to call for redemption and prepayment on their earliest redemption date all Refunded Bonds -16- which by their terms are subject to redemption. Notice of the redemption of the Refunded Bonds shall be published and mailed in accordance with the terms of the resolution authorizing their issuance. 7.02. The City Finance Director/Clerk is directed to file with the County Auditor of Hennepin County a certified copy of this resolution, and to obtain from the County Auditor a certificate stating that the Bonds have been entered upon his bond register and the tax required by law has been levied. 7.03. The officers of the Issuer and County Auditor are authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, bond counsel, 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 officers' 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. Section 8. Official Statement. The Official Statement relating to the Obligations, dated February 27, 1989, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved. 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. Attest: City Finance Director/ Mayor Clerk -17- HOUSING & REDEVFLPPMENT AUTHORITY UNAPPROVED MINUTES 7:40 PM CITY HALL COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE Chair Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Finance Director John Franc, City Attorney Roger Pauly, and Recording Secretary Deb Edlund TUESDAY, OCTOBER 18, 1988 HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: HOUSING & REDEVELOPMENT AUTHORITY STAFF: I. CALL MEETING TO ORDER The Chair called the meeting to order at 7:40 FM. II. RESOLUTION NO. HRA 82-01 APPROVING TAX INCREMENT FINANCING. PLAN FOR FLIM HOMES, INC. .AELIM SHORES PROJECT1 Jullie reported that Ellin Homes Incorporated was proposing a Senior Housing Development which would require Tax Increment Financing in order to reduce the rents to affordable prices. Bill Meyers, President of Film Homes Incorporated, presented the plan for the development of a 61-unit senior housing facility on Mitchell Lake with an estimated cost of $5,400,000. Elim Homes Incorporated had committed $1,000,000 of equity to make the development feasible. Meyers said the Tax Increment Financing was necessary to assist Elim Homes Incorporated to provide affordable rents. He added that Elim Homes Incorporated had committed $50,000 per year to help subsidize rents for those residents who could not afford them. Meyers said Elim Homes Incorporated would like to start construction as soon as possible. Pidcock asked if this building would continue to pay any taxes after termination of the TIF district since Flint Homes Incorporated was a non-profit organization. Meyers replied that the plan was to pay taxes on the building. Jullie added this was not a tax-exempt organization and it would pay real estate taxes. Pidcock believed only 9 units of the 64 units had reasonable rates. Meyers said that dining rooms, transportation programs, and assistance with housekeeping would be provided. Meyers commented the facility would enable the residents to stay independent as their physical ability to care for their own unit became impaired. Pidcock asked if these extra cervices were included in the rent. Meyers replied that there Housing & Redevelopment 2 October 18, 1988 would be a minimal charge for the optional meal plan which was also partially subsidized in the rent program. Harris asked if special construction considerations were necessary t .t accommedate the elderly. Meyers replied the building was designed with senior citizens in mind. He added that special lighting, safety precautions, and special widths for the bathrooms were provided. Harris, asked Meyers how many units would be subsidized by ci5o,000 contribution each year. Meyers replied that 13 units or 201; of the building would be subsidized and Elim Homes Tncorporated was also committed to meet moderate rental levels for 80% of the units. Harris asked what provisions were made regarding the sale or transfer of the property. Millie replied that two gist ions needed to be addressed: 1) what was the commitment tor low- income housing after the 10-year tax increment financing program was completed; and 2) what was the City's equity position upon resale. Meyers commented the 10-year period was a statutory minimum and assured the City Council that continuing the subsidy program beyond the 10 years would not is rl problem. Meyers stated that the City's equity question could be worked out between the attorneys. Peterson noted the memo referred to elderly and low-income families. Peterson asked Meyers for clarification. Meyers replied the facility was for those 12 and older; however, four handicap units were provided. Meyers commented that a family could consist of a husband and wife. Pidcock commented the square footage of the units was small. Pidcock asked Meyers if additional storage facilities would be provided. Meyers replied that storage lockers were provided, underground garage space was available, and additional storage space could be rented. He added the square footage was more than adequate based on today's market. Pidcock asked Meyers if the Tax Increment Financing was not approved would Elim Homes Incorporated be able to build the facility. Meyers replied it would not be feasible and the financing would not be available without the Tax Increment Finanring. Bentley commented this proposal was consistent with the City's policy to encourage creative means of attracting affordable senior housing into the community. He added the Metropolitan Council had requirements to provide senior housing based on population and this proposal was consistent with financial assistance provided in the past. Bentley believed the Tax Incr,:ment Financing Program was a good program. Housing & Redevelopment 3 October 18, 1988 Harris stated the development would holp meet the identified need for additional senior housing which was defined by the South Hennepin Human Services Council and the City's Human Rights and services Commission. Bentley moved, :,e.conded by Anderson to adopt Resolution No. HRA 88-01 approving the Tax Increment Financing Plan for Elim Homes, Inc. Motion carried unanimously. III. ADJOURNMENT Bentley moved, seconded by Harris to adjourn at 7:55 PM. Motion carried unanimously. UNAPPPOVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, October 16, 1968 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7H0 PM CITY HAIL COUNCIL CMPIRvPS 7600 EXECUTIVE DRIVE Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Finance Director John Franc, City Attorney Roger Pauly, Director of Phoning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTJON.I. Anderon moved, seconded by Harris to approve the Agenda. ADDITIONS: Add Item IX.A, Appointment of Housing and Redevelopment Authority Boardmembers. Add Item VII.B, Presentation of Information Regarding Charitable Gambling from the Eden Prairie Hockey Association. Add Item X.A.1, Comment by Mayor Peterson. Motion carried unanimously. The Regular City Council meeting recessed to the HRA meeting at 7:40 PM and reconvened at 7:56 PM. II. MINUTES A. City (-11n ,711 Mr!,ting Tuedav, AnAut 16, 108R MUTO;_ Harri:3 moved, seconded by Anderson to approve the Minutes of the City Council Meeting held Tuesday, August 16, 1986 with the following amendments: City Council Minutes 2 October 18, 1989 cORRECTIONS: Page 8, Paragraph 4, should read: policy of the City to construct trails around.... Page 9, Line 2, should read: west shore of Red Rock Lake did not have trails. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval for Birchwood Labs (located south of S'-ate Highway 5 and -t of County Road 4) Resolution No. 88-208 C. STARRING LAKE 2ND ADDITION by Red Rock Heights Partnership. Approval of Developer's Agreement for Starring Lake 2nd Addition. 8.3 acres into 13 single family lots within the R1-22 District. Location: North of County Road 1 between Eicholts Addition and Starring Lake 1st Addition D. Final Plat Approval for Starring Lake 2nd Addition (located north of Pioneer_Trail between Staring_ Lane and Sunrise Circlel Resolution No. 88-220 E. Final Plat Approval for LaVonne Industrial Park 4th Addition (jocated south of Edenvale Boulevard east of the Chica,T, SNorthwestern Railroad). Resolution No. 88-235 F. Approval of Extinsuishment of Access to T.H. 5 of City Owned Property. a • Lake Estates (Resolution No. 88- 236) G. Approval of Extinguishment of Access to T.H. 5 of Ci(y Owned Property Outlot C Gonyea 4th Addition (Resolution No. 83-237) H. Resolution of Approval for Metropolitan Council Arts Grant Agreement (Resolution No. 83-238) I. Approval of Settlement Agreement with Layne-Western for Well Construction, I.C. 52-072B MOTION: Anderson moved, seconded by Pidcock to approve Items A through I on the Consent Calendar. Motion carried unanimously. y agl City Council Minutes 3 October 18, 1989 IV. PUBLIC HEARINGS_ A. C.W.I.NAL_GPEEK dRD ADDITI0N by (7nst3fson aAssociates Company. Request for Zoning District Change from PM-6.5 to R1-13.5 on 1.0 acres with front yard setback variances te he reviewed by the Board of Appeals, for construction of 4 single family lots. Location: 6801-05 6855-59, 6871- 75, and 6887-91 Stonewood Court. Jullie reported that notice of this Public Hearing was sent to owners of 32 surrounding properties and published in the October 5, 1988 issue of the Eden Prairie News. Jeffrey Gustafson, the proponent, stated there had been difficulty marketing the twinhome units and had therefore, rented the units to which some of the neighbors objected. He believed the four remaining lots would make excellent single-family home sites. Gustafson added that if the proposal were approved, two of the lots were presold. Gustafson stated that a poll of the Stonewood Court neighborhood had been conducted and the results showed the neighbors were in favor of single-family homes. He added the neighbors believed the single-family homes would improve their property value and help blend Stonewood Court with the rest of the Cardinal Creek development. Gustafson noted that he had not been late to the Planning Commission meeting where the recommendation was made to have the lot adjacent to Cardinal Hills zoned single- family, with the remaining 3 lots zoned for twinhomes. Gustafson said the Cardinal Creek Homeowners Association favored single-family homes and he also had 16 letters from neighbors which favored single-family lots. Enger reported the Planning Commission had reviewed this item at its September 20, 1988 meeting and recommended unanimously that 1 lot be zoned single-family residential and that the balance of the lots which, were interior to a multiple-family district and would constitute spot zoning, have the request for rezoning denied on the remaining 3 lots. Roger added the Planning Commission did not have the benefit of Gustafson's presentation. Peterson noted In the minutes of the Planning Commission a- concern about a precedent being set, yet there were currently examples where twinhomes were adjacent to single-family. Enger concurred there were examples within the City. Peterson believed that setting a precedent was the main reason for denial by the Planning Commission. Enger believed it was because the Planning Commission considered this spot zoning. Bentley recalled the duplexes on Preserve Boulevard had been zoned to provide a transition between the multiple- family and single-family homes. Enger concurred. Bentley (1 '16 City Council Minutes 4 October 13, 1989 believed this was a completely differeet ,It -Pation, that transitisn was not the issue, and he did not consider all sing all single-family as good zoning. Anderson stated the original plan approved for this area had provided for the houses to all be of similar design (redwood exterior), and the houses were to be placed to save as many trees as possible. Anderson was concerned about the control over the pad sizes. Gustafson replied the pad sizes would be smaller than for twinhomes. Gustafson added that the development had been allowed architectural flexibility and the requirement for exterior material was not limited to natural wood. Gustafson stated the development had been granted variances for front yard setbacks to save trees. He believed the commitment to save as many trees as possible had been upheld. Gustafson stated that bank financing had been approved to construct four single-family unit:. Art Roberts, President of the Cardinal Creek Homeowners' Association, stated that a poll had been conducted resulting in 1003, of the association members he contacted favored four single-family units to 8 twinhome units. Roberts believed the twinhomes should be considered spot zoning because the surrounding neighborhoods were all single-family. Harris was concerned about the ability to market the twinhomes and therefore, supported the approval of tour single-family lots. Bentley stated that he concurred with the Planning Commission's recommendation. Bentley commented it was the duty of the Planning Commission to make zoning recommendations that were consistent with the overall plan for the City and believed that popular zoning was not always considered good zoning. Bentley believed the current housing market situation should not be the rationale for zoning changes. Anderson concurred with Bentley. Anderson said he was concerned about a precedent being set. Anderson supported 1 single-family lot with the remaining 3 lots zoned for twinhomes. Harris believed the neighborhood and the developer were being penalized. She added the development was currently predominantly single-family and believed the twinhomes would he spot zoning. Harris believed that this proposal was an infill project to complete the neighborhood and that single-family units would provide internal consistency. OLP City Council iii nut October 13, 1939 Peterson stated that this was as established neiyhhorhood he did not believe that 4 single-family lots would detract from the continuity, quality, or integrity of the neighborhood. Peterson commented that consideration of the neighbors support for slngle-family units should be taken into account. Peterson noted that the minutes of the Planning Commission referred to the possibility of setting a dangerous precedent and did not refer to this as spot zoning. He added that similar situations currently existed; therefore, a precedent was not being set. Enger LA:ated that the Planning Commission did not have the benefit of Gustafson's presentation or neighborhood input. Enger said that single-family and duplexes had been mixed before. Enger noted that the Planning Commission had referred to Gustafson's absence in the minutes and had stated that Gustafson could appeal to the City Council. Gustafson believed it was not fair to the neighborhood to have 8 more rental units. Fa added these would not be $245,000 twinhomes because he would he forced to construct Inexpensive rental units. Petcrrson commented that the current market situation would not be considered a deciding factor. Bentley ztated that the single-family homes would be mixed in amongst rental units and would be totally separated from other single-family units. There were no further comments from the audience. MOTI ON: Harris moved, seconded by Pidcock to close the Public Hearing and adopt Ordinance No. 49-88 for Rezoning. Peterson stated that while he understood the concerns of Councilmembers Bentley and Anderson, he would support the motion. Ae believed that if the construction were done properly the single-family homes could create a harmony in the neighborhood. Anderson stated that he sympathized with the neighbors; however, he believed strongly that once zoning was set the property should remain as zoned unless compelling reasons dictated a change. Anderson did not believe compelling reasons had been presented and therefore would vote against rezoning. Gustafson withdrew the request. oc) City Council Minutes 6 October 18, 1989 Dentley moved, seconded by Harris to close the Public Hearing. Motion carried unanimously. B. VACATION 88-08, VACATION OF DRAINAGE AND UTI_LITY EASEMENTS IN FOREST KNOLLS (Resolution No. 88-215) Jullie reported that notice of the Public Hearing had been sent to owners of affected propertio..; and published in the September 28, 1988 issue of the Eden Prairie News. Jullie stated this was a housekeeping item related to drainage and utility easements between 13945 and 13995 Holly Road. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson to close the Public Hearing and adopt Resolution No. 88-215 vacating the easements. Motion carried unanimously. C. VACATION 88-09, VACATION OF DRAINAGE AND UTILITY EASEMENTS IN COACHMAN'S LANDING 5TH ADDITION (Resolution No. 88-216) Jullie reported that notice of the Public Hearing had been sent to owners of aEfected properties and published in the September 28, 1988 issue of the Eden Prairie News. Jullie stated this was a housekeeping item related to drainage and utility easements between 8408 and 8413 Savannah Chace. There were no comments from the audience. MOTION: Anderson moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 88-216 vacating the easements. Motion carried unanimously. V. PAYMENT OF CLAIMS Harris queFtiond Claim N. 46050 for "A Solid Gold Sound". Franc replied this was a band hired for a Park and Recreation event. MOTION: Bentley moved, seconded by Anderson to approve Payment of Claims No. 46046 to No. 46377. ROLL CALL VOTE: Anderson, Bentley, Harriz, Pidcock, and Peterson all voting "AYE". ifj1 City Council Minutes 7 October 19, 1989 VI ORDINANCES RESCH,UTUNS._ A. F±;'.V.,.111t11r1 No, 88-221, Ordering_Saecial Assessment.p,f PiqinTle017 Utinti...AiNONJIts Jullie repotted there were 427 delinquet utility accountt. of $40.00 or more. Jullie noted that 250 of the accounts were by present owners, 38 of the accounts were non- humestea(I properties, and 29 accounts were homestead properties where the previous occupant did not pay the bill when the property was sold. Jullie suggested amending the City's current policy to allow the 39 homestead properties to be deleted from the list and turn the accounts over to a collection agency to contact the original owner. Jullie stated that the amount which would not be collected in the usual manner would amount to >4,098. Peterson commented that he was pleased to see the recommendation. Pidrock asked Jullie what would happen if previous owners were bankrupt or had moved eut of State. Jullie replied the collection agency would be authorized to take certain action and if the collection agency did not receive results, the account would be written off. MOTION: Harris moved, seconded by Anderson to adopt Resolution No. 88-231 to order Special Assessment of Delinquent Utility accounts on the Assessment Roll and adopt the Staff recommendation to turn the 39 homestead accounts over to a collection agency. Motion carried unanimously. B. Resolution No. 88-239 Calling for a Public Hearing on the Tax Increment Financing . Plan for December .6, 1988 for Elim Homes, Inc. (Ellis Shores, Inc.) Harris moved, seconded by Pidcock to adopt Resolution No. 88-239 setting December 6, 1988 for the Public Hearing on - the Tax Increment Financing Plan for Elim Homes, Inc. Motion carried unanimously. C. Resolution No. 88-240, Preliminary. Resolution ADproving now3muy Revenue Bonds for Elim Homes, Inc, (Elim Shores,. Inc.) t-119 City Council Minutes 8 October 13, 1989 NOTIO N : Pidcock moved, seconded by Harris to adopt Resolution No. 88-240 giving Preliminary Resolution of Approval for the Issuance of Housing Revenue Bonds for Film Homes, Inc. Motion carried unanimously. VII. PFTITIONS,_RSQUESTS & CoMMUNICATI(IINS A. Request from Douglas Renter regarding Special _Assessment POUCY Doug Reuter, 8750 Black Maple Drive, believed the City's assessment policies were onfdated, needed major revision, and treated residents unfairly. He added that he believed the Franlo Road "pending special assessment" was an example of the unfairness of the current policy. Reuter requested that Staff be directed to review the current policies and possibly consider a policy similar to that of St. Louis Park. Peterson asked Reuter if he was aware that at the meeting where the Frani° Road Feasibility Study was presented the City Council had requested Staff to review assessment policies. Peterson added the City Council and Staff were always trying to find the fairest assessment policy. Reuter replied that he agreed the policy needed to be changed. Reuter added that according to the auditor's report the policy had not been revised since 1979. Reuter stated that his goal was to revise the policy so that homeowners would not be taxed out of their homes or forced to sell for commercial development. Reuter believed the residents on Franlo Road were left no other alternative. Peterson requested that the Council keep its comments and questions related to Reuter's proposal of a $16.00 per front foot assessment. Jullie reported that he had talked to St. Louis Park officials regarding its Resolution No. 88-41. Jullie said the resolution was for street reconstruction due to redevelopment activity. He said St. Louis Park had the $16.00 per front foot policy in effect for several years as a city-wide street reconstruction program with the balance of the costs coming from its general fund. Jullie believed the St. Louis Park policy was unique, and that the Frani° Road project was not analogous.. Harris asked how Eden Prairie's costs would compare for similar work to that of St. Louis Park. Dietz replied that if grading, sidewalk, and storm sewer were excluded the cost would he approximately $25-to-$30 per front foot in Eden Prairie. Dietz said that St. Louis Park was reconstructing 20-year-old streets which required the qi0 City Council Minutes October 18, 1589 existing curb and gutter to he removed and replaced and the street reconstructed at a cost of approximately $25 per frent foot. He said that St. Louis Park would subsidize $9 per front foot. Dietz stated that residents along Franlo Road had not paid for any street improvements previously. Dietz commented that any reconstructi o n of City streets thus far had come from general funds. Junk: stated that the St. Louis Park City Assessor had indicated given the same circumstances as Franlo Road, where a guide plan change could occur, the assessment would be deferred with interest until the property would be rezoned. Peterson said the Council had informed the residents that the sewer and water assessment would be excluded without interest for 5 yearn or until they connected to City sewer and water. Peterson did not believe the City was forcing residents to do anything with their property not currently indicated as a possibility by the Comprehensive Guide Plan. Dietz stated there was a detailed procedure for special assessments ynided by State Chapter 429. Dietz said the Staff's responsibility at the feasibility study stage of the process was to show what potentially could be assessed to the properties. He added there was flexibility allowed by the deferment policy. Dietz stated the Special Assessment Hearing had not been held and until that time the final assessment could not be determined. Dietz said the City had to show that the property value would increase by the amount assessed. Dietz concluded by saying the only thing definite was that Franlo Road would be constructed. Peterson believed the City was aiming for equity and fairness. Pidcock believed the Council had been conscientious in assessments over the year3 to make cure the property value was increased by the amount assessed. Jullie stated the State also provided special arrangements. for Senior Citizens and disabled individuals to pay for special assessments. Charles Dlesener, 8551 Franlo Road, believed that Frani° Road 3hould nO be considered as a normal City street. He said the road was to be 32' wide, not thin normal 28-foot width and considered the road to be a superhighway. Dlesener did not believe a residential home should be assessed for a superhighway. Blesener believed the City should pay the cost difference between a 28-foot and 32- foot road. Peterson replied that would be taken into City Council Minutes 10 October 1.9, 1089 conflideration at the time of the Special Azsessment Hearing. Blesener stated that contrary to what was previously stated the residents: had boon assessed already for Franlo Road. Dietz replied there was a $500 per acre assessment several years ago for 1000 acres for the Major Center Area roadway improvements. Dietz added the assessment was not for Franle Road. Reuter :,tated that when he talked with St. LOIlla Park officials, he had asked them if there were different polio lee for road assessment; he had been told the assessment for road improvements was $16 per fiont foot. Reuter said the feasibility study had :.tate.:0, "Franlo Road Improvements" and did not indicate the construction of a new road. Reuter questioned if St. Louis Park had a separate assessment structure for new road construction. Reuter said that he was not saying that Eden Prairie should set a $16 per front foot assessment, but that the policy needed to be reviewed. Bentley believed the proposal presented by Reuter would not be fair to the residents of Eden Prairie. He added if the 016 per front font had been used over the last 5 years the residents of Eden Prairie would have been required to pay an approximate $2.6 million in additional taxes. Bentley stated that Staff had been directed to look at capping the level of assessment before the 1989 Special Assessment Hearing. Charles Pufahl, 8.960 Frani° Road, asked that a reduction In the speed limit he considered. He suggested 20 MPH. Bentley asked if Staff would review the speed limit and not Pufahl when the issue would be discussed by the City Council. B. Report on Eden Prairie Hockey Association's Request for Charitable Gambling, Bob Mizell, President of the Hockey Association of Eden Prairie (HARP), stated that he wished to answer the issues raised by the City Council at the October 4, 1989 meeting. Mizell said the funds raised by the sale of pulltabs at Creenstreets would be used to 1) help the underprivileged children to participate in hockey; 2) lower overall fees; and 3) build a second sheet of ice. Mizell stated the other means currently used to raise funds were candy sales, which netted $13,000 last year and sponsoring tournaments, which netted 012,000 last year Mizell stated that the second sheet of ice would not be owned by the HARP. He added the second sheet could be used for figure skating, broomball, etc. Mizell said that currently the sheet of ice was shut completely down for one month each year for repairs and maintenance; however, Li 72, City'Council Minutes 11 October 18, 1989 If a second sheet of ice were available income could be generated all year. He added he did not have estimates for what the potential income of a second sheet of ice could generate. Mizell presented to the Council a proposed breakdown of the possible annual income from the pulltabs and how it would be distributed. Mizell added the HAEP did not have any way of knowing what the potential income from pulltabs could be. Mizell stated that an HAEP boardmember would be designated to oversee the project. Mizell said the State would have control. He added the Stated required monthly reports and he suggested the HAEP would have an external audit annually. Mizell said the Council had asked what other communities wete doing with the funds 9encrated from polltabs. He said that Elk River used the funds to reduce ice costs, purchase equipment, and make mortgage payments for the ice arena. Mizell said that Delano used the funds to reduce ice costs, purchase equipment, and was currently working with Mound possibly to build an ice arena. Peterson asked what the status was for the application. Jullie replied that the City Council had 60 days to take action from the date of application, which was September G, 1988. Jullie added that if no action were taken it would be deemed approved and would then be reviewed by the State Gambling Board. Jullie said the item would appear on the November 3, 1989 Agenda. Bentley stated that he had been contacted by several residents and suggested the HAEP withdraw the request at this time and resubmit at a later date to allow time for further consideration and comments from residents. Harris stated that she too had received calls, several from HASP members, who did not support the use of pulltabs. Harris questioned how strongly the HASP supported pulltabs. Mizell replied that he had heard some negative comments; however, they were not in the majority. Anderson stated that the pulltab issue had been addressed In the local newspapers and believed the City Council had a duty to gather as much information from the residents as possible. Anderson believed the issue needed to be weighed very carefully and the Council should take the necessary time to do so. Peterson stated that he hoped the HAEP would understand that the issue of pulltabs was a serious question for the community, a value question. Peterson suggested the HASP withdraw the request and resubmit. City Council Minutes 12 October 18, 1989 Mizell stated that he would discuss the possibility of withdrawing the request with the HAEP boardmembers. Charles Pufahl, 8560 Franlo Road stated that other communities use pnlltabs as a main source of fund raising. He believed the City was in need of a second sheet of ice. John Lillicrap, 8579 Darnel Road, believed that a second sheet of ice was needed. He said the City was growing; however, the HAEP could not increase its membership because the hockey association could not purchase enough Ice time. Miuell added that when the HAEP purchased ice time from other communities the hours were unreasonable. Mizell said that with a second sheet of ice Eden Prairie could sell ice time. Tom Krmpotich, 10456 Devonshire Place, believed that if the City Council could offer another alternative for obtaining a second sheet of ice the pulltabs would not be necessary. Krmpotich said that based on results of surveys conducted by the Park and Recreation Department he did not believe a second sheet of ice would be part of a referendum. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of Housing and Redevelopment Authority Boardmembers MOTION: Bentley moved, seconded by Harris to cast a unanimous ballot for Mayor Peterson as Chairperson of the Housing and Redevelopment Authority and Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock as Boardmembers for the Housing and Redevelopment Authority. Motion carried unanimously. City Attorney Pauly noted the positions on the HRA Board were coterminous with the terms of the Councilmembers. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Letter to the Governor Peterson stated that he had been asked by Richard Feerick to help write a letter to the Governor, on behalf of Eden Prairie, commending the Governor's efforts and support for La g City Council Minutes 13 October 18, 1989 the improvem n1 of Highway 5 and the future construction Highway 212. B. Report of City. Manager lull to sugge5ted th.-it the Ordinance prepared by City Attorney Pauly regarding burying utility lines be sent to the utility companies for review and comment. C. Report of City Attorney D. Report of Director of Plannina E. Director of Parks, Recreation & Natural Resources 1. Acquisition of Riley Lake Park Lambert reported that In 1987 the City had received a matching grant from the State for the acquisition of an additional 24-acre site to the north of Riley Lake Park owned by Elaine Jacques. Lambert said an appraisal of $277,000 for the 24-acre site including the Jacques homestead buildings had been obtained per the State grant requirements. Lambert noted that the State initially believed the appraisal to be too high. He added that after reviewing additional comparative sales the appraiser confirmed his appraisal to be consistent with the market. Lambert reported that the City did not have a willing seller at the price of $277,000. Lambert noted the grant assistance would be for 501 of the appraised value and any cost above the $277,000 would be paid 1005. by the City of Eden Prairie. Lambert requested approval for a purchase offer to be prepared by the City Attorney based on the appraisal and to authorize a survey to obtain a legal description for the purpose of acquisition. Lambert added an agreement had been made to notify Mrs. Jacques ten days prior to a surveyor being on the site. Lambert stated that after the purchase offer and survey were complete, Mrs. Jacques would have the option to either turn down the offer or to counter the offer. Peterson asked Lambert if a survey were necessary before the City had a sale agreement. Lambert replied the City needed a legal description of the parcel. Pidrock believed the process was transpiring backwards. She believed the City should have an offer and then go to the State fur a grant. Lambert replied the State rules would not allow a grant if the City had already entered into a commitment to purchase property. Paul Anderson, Attorney representing the Jacques family, stated that he fully understood the process required by the State. Anderson believed the appraisal was flawed, City Council Minutes 14 October 18, 1989 considerably Is than fair market value, and did not properly reflect the development in the area. Anderson added that the Jacques family had offers siqnificantly higher than the City's offer. Attorney Anders ,:m stated that MrF:',. Jac goes preference would be to wait 3 to 5 years and let her children deal with the sale. Anderson added that Mrs. Jacques would continue to cooperate with the City regarding the acquisition and would cooperate with the surveyor. Anderson said that Mrs. Jacques was pleased that the Jacques, Homestead would be preserved; however, she would prefer it did not happen now. Anderson added that it was Mrs. Jacques 's hope that less property, especially less lakeshore property, be involved in the acquisition. Anderson said Mrs. Jacques was concerned about how the roads would connect and the park design and layout. Andcrsun stated that Lambort was correct in the Mrs. Jacques was an unwilling seller at the current price offered; however, she would continue to make every good faith effort to come back with an offer at a fair market value. Anderson commented this was not a pleasant experience for Mrs. Jacques and she wished to be allowed to deal with the sale on her terms. Anderson asked to Council to consider the emotional impact. Peterson asked Lambert if there were legal restrictions in regard to maintaining the amount of property to 24 acres. Lambert replied the original grant request was for 24 acres and if the City significantly varied that amount, it would require additional review by the State. Lambert added that the shoreline acquisition had been reduced by 90' by altering the park configuration per Mrs. Jacques's request. He said the State approved the revised configuration. Lambert stated that Staff believed 24 acres to be the minimum amount of land needed. Pidcock asked if there were other properties available in the area besides the Jacques property which would allow the City to acquire 24 acres, but not entirely from the Jacques family. Lambert replied there was no other lakeshore property available. Lambert said the City Intended to acquire property to the south and west in the future. Lambert said that any other configuration would hot benefit the park. He added that eventually the City planned for the park to be approximately 40 acres. Councilmember Anderson stated that this property was the last major purchase of lakeshore property based on the City's plans dating hack to 1969. He believed the City should act on the proposal now, before the land prices rise further; however, he added the City needed to be fair to Mrs. Jacques. 14 76 City Council Minutes 15 October 13, 1989 MOTION: Bent]ey moved, seconded by Anderson to authorize Staff to conduct a survey of the Site with proper notification and at Mrs. Jacques's convenience and prepare a purchase agreement based on the amount of the appraisal. Peterson asked Lambert if the City was required by Law to first offer the appraised value. Lambert replied yes. Motion carried unanimously. F. Rgilort of Director of Public Works G. Beaor_t_gf_Finance Director IX, NEW BUSINESS X. WOVRMIVIT Mqr.T.DP Pidcock moved, .:.econded by Harrft to adjourn the meeting at 10:00 PM. Motion carried unanimously. DISBURSEMENT OF FUNDS BY PERCENTAGES $20,000 annually 15% - $3,000 - underprivileged 45% - $9,000 - lower fees 40% - $8,000 - new ice $50,000 annually 6% - $3,000 - underprivileged 44% - $22,000 - lower fees 50% - $25,000 - new ice $75,000 annually 4% - $3,000 - underprivileged 46% - $34,000 - lower fees 50% - $38,000 - new ice $100,000 annually 3% - 3000 - underprivileged 47% - $47,000 - lower fees 50% - $50,000 - new ice (4 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 7, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS, 700 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Assistant Attorney Joe Nilan, Finance Director John Franc, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLED ,3E OF ALLEGIANCE ROLL CALL: All members present. Councilmember Anderson arrived at 7:50 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MPTIQN:. Pidcock moved, seconded by Tenpas to approve the Agenda as published. ADDITIONS: Add Item III.X, G. 0. Refunding Bonds. Add Item X.A.1, City Manager Evaluation Process. Add Item X.A.2, Keys to the City. Add Item X.A.3, Mayoral Term. Add Item X.A.4, 4M Fund. Add Item Time management study. Add Item X.A.6, Snowmobile and Off-Road Vehicle Regulation. Remove Item III.0 from the Consent Calendar. Motion carried 4-0-0. II. MINUTES . A. Special CityCoung_11. Meeting_hels] IlleAd4Y4 1988_ City Council Minutes 2 February 7, 1989 MOTION: Pidcock moved, seconded by Harris to approve the Minutes of the Special City Council Meeting held Tuesday, October 18, 1988. Motion carried 4-0-0. B. Regular City Council Meeting held Tuesday, January 31989 MOTION: Pidcock moved, seconded by Harris to approve the Minutes of the Regular City Council Meeting held Tuesday, January 3, 1989. CORRECTIONS: Page 3, Item E should read: provide equivalent distribution, as the Eden Prairie News provides.. Page 6, Item A.1, Paragraph 1, should read: Pidcock commented that she endorsed the presentation to those who had already received the keys to the City: however, she believed that all Councilmembers should receive notification that a key was being presented, and to give their consensus. Page 6, Item A.1, Paragraph 3, shoul6 read: Pidcock stated that receiving the key to the City should be a significant. honor. Page 8, Item 9.1, Paragraph 5, should read: replied that 23% was existing recycling ... Page 9, Paragraph 5, should read: Peterson asked Dawson if the haulers had given specific .... Page 10, Paragraph 4, should read: facility might be viable sometime .... Page 11, Paragraph 6, should read: utilizing the City as the Central purchasing agent ... Page 12, Paragraph 5, should read: Boone said Rueter was mainly .... Motion carried 4-0-0. C. Housing & Redevelepment Authority_Meetina held Tuesday, Jan.ParY 3 , 1989 tmo City Council Minutes 3 February 7, 1989 MOTION: Pidcock moved, seconded by Harris to approve the Minutes of the Housing & Redevelopment Authority Meeting held Tuesday, January 3, 1989. Motion carried 4-0-0. D. S.pecial City Council Meeting held Tuesday„ Januax/ 198.9 . MOTION: Pidcock moved, seconded by Harris to approve the Minutes of the Special City Council Meeting held Tuesday, January 10, 1989. CORRECTION: Page 4, Item IV, Motion, should read: subject to their consent ... Motion carried 4-0-0. E. Regular City Council Meeting, held Tuesda_y„, January 17_, Pidcock moved, seconded by Harris to approve the Minutes of the Regular City Council Meeting held Tuesday, January 17, 1989. CO RRECT IONS: Page 4, Paragraph 2, should read: why a pickup with a topper as noted in previous drafts had been deleted. Page 4, Paragraph 4, should read: asked why pickups with toppers had been removed from the Ordinance. Page 6, Line 3, should read: consequently, it was appropriate.. Page 8, Line 3, should read: the form was filed ... Page 8, Item VIII, Motion, should read: Pidcock moved, seconded by Anderson... Page 9, Paragraph 4, should read: that residents may not come to ... Page 9, Paragraph 5, should read: may not hear all sides of the issues if residents concluded that the neighborhood meeting was the final forum. City Council Minutes 4 February 7, 1989 Page 9, Item 2, should read: when styrofoam cups presently in stock were gone the City would not purchase any in the future. Motion carried 4-0-0. F. Special city r-oull(7 0 MI-t.ing_he 1 d.Tile:=daY, January 24 , 1989 MOTION: Pidcock moved, seconded by Harris to approve the Minutes of the Special City Council Meeting held Tuesday, January 24, 1989. Motion carried 4-0-0. Councilmember Anderson Arrived. III. CONSENT CALENDAR A. Clerk's Licen ,3e List B. Receive Memorandum from Waste Manage_ment Commission Regarding City's Recycling Plan C. AIR.13Y.'_E by Homart Development Company. 2nd Reading of Ordinance No. 61-88, Zoning District Change from Rural and Public to C-Reg-Ser on 3.4 acres; Approval of Developer's Agreement for Arby's Restaurant; and Adoption of Resolution No. 09-19, Authorizing Summary of Ordinance No. 61-88 and Ordering Publication of Said Summary. 3.4 acres Into 2 lots for construction of a commercial restaurant. Location: East of Franlo Road, north of Prairie Center Drive, within the Eden Prairie Center property. (Ordinance No. 61-88, Rezoning; Resolution No. 89-19, Authorizing Summary and Publication) D. MARCUS DEVELOPMENT by Marcus Corporation. 2nd Reading of Ordinance No. 52-88, Rezoning from Rural to C-Reg-Ser on 0.55 acres with variances approved by the Board of Appeals; Approval of Developer's Agreement for Marcus Development; and Adoption of Resolution No. 89-20, Authorizing Summary of Ordinance No. 62-88 and Ordering Publication of Said Summary. 3,300 square foot commercial building. Location: South of Prairie Center Drive, east of Highway #169, west of Joiner Way. (Ordinance No. 62- 88, Rezoning; Resolution No. 89-20, Authorizing Summary and Publication) F. APPROVAL OF AGREEMENT WITH GOODWILL INDUSTRIES, INC.ZgASTER SEAL SOCIETY OF MINNESOTA FOR ATTENDED DROP- OFF CENTER F. RROCLAMATION-.:-.Eebruary as Heart Month in Eden Prairie. (Resolution No. 89-25) 4 92 City Council minutes 5 February 7, 1989 G. Request from Senior Community, Services for Office Space at the Senior Center for the Senior Outreach Program. H. Carmel Park 1st Phase Improvements I. Red Rock Lake Park 1st Phase Improvements J. Naming ..of Parks (MOVED TO ITEM X.E.1) K. Request for Approval to Solicit Bids for Amphitheater at Staring_Lake Park L. Review Bids for Communily Center Tile Prolect M. Approve Bids for Rotary Mower N. Approve Change Order No. 2 for Phase II Repair of Community Center 0. Final Plat Approval for Cedar Ridge,. Estates (formerly Cheyenne Place), located north of Pioneer Trail and west of County Road 4 (Resolution No. 89-14) P. Preliminary & Final Plat Approval for Jenkins Addition (located north of Research Road east of Mitchell Road) Resolution No. 89-15 Q. Approve Cooperative Construction Nareement with MnDot and Hennepin County for Traffic Control Signals at T.H. 5 and CSAH 4, T,H. 5 and Wallace Road and at CASH 4 and Wagner Way, I.C. 52-074 (Resolution No. 89-16) R. Approve TemporaryEasement to MnDOT for T.H. 169 Improvements Over Outlot A Within Tract B, Registered Land Survey No. 791 S. Approve MWCC Connection Permit for Boulder Pointe Laka Red Rock Ranch) (Resolution No. 89-17) T. Approve Final Construction Plans for T.H. 5 from 0.56 Miles West to 0.89 Miles East of CSAH 4 and on CSAH 4 from 616 ft. South of Terrey Pine Drive to Westgate Drive, I.C. 52-074, Phase II (Resolution No. 89 -18) O. Final Approval of Housing Revenue Bond2 for CSM/Fountain Place II (Resolution No. 89-23) (REMOVED FROM THE AGENDA) V. ResOuticin No. 89-24 urging MnDOT to change its frpntage . road funding policy W. Resolution No. 89-12 authoriziJag_the Acquisition of_17 Forfeited Land for Public Parkland City Council Minutes 6 February 7, 1989 X. Resolution No. :39-26 urging the reappointment of Dirk DeVries as District 13 Representltive to_the Metropolitan Council MOTION: Pidcock moved, seconded by Harris to approve the Cc ,nsent Calendar with the Removal of Item U. MOTION: Pidcock moved, seconded by Tenpas to amend the Consent Calendar by moving Item J to Item X.E.1. Motion carried unanimously. ITRILO Harris commented that she was pleased to see the Senior Outreach Program coming into the community. ITEM M Harris asked if there would be any merit In requesting a trial demonstration of the mower in April. Manager of Park and Natural Resources, Stu Fox, stated that if the Council believed the machines which did not meet the specifications of the bid were equal to the Toro 580-D, he would suggest a field test. Fox stated that Staff had recommended the purchase of a Toro 580-D. Pidcock asked Fox if the Toro 580-D was currently being used in other communities. Fox replied the Superintendent of Park Maintenance, with 17 years experience, had recommended the Toro 580-D. Lambert replied that other municipalities contacted by Staff preferred the Toro 580-0 over other machines. Lambert added the machine would last approximately 10-to-15 years. ITEM R Jullie reported that Item R was a request from MnDOT for a temporary easement, compensating the City in the amount of $3,400. Jullie stated that Staff recommended the City forego the compensation for the easement. MOTION: Harris moved, seconded by Pidcock to direct Staff to forego the request from MnDOT for compensation in the amount of $3,400 for a temporary easement. Tenpas asked Jullie why the City would recommend foregoing the compensation. Jullie replied that property was not being Laken permanently, and Staff hoped this action would City Council Minutes 7 February 7, 1989 indicate to MnDOT the City's eagern e ss for project to occur. Dietz commented that MnDOT had been cooperative with the City on projects in the past and believed this would enhance continued cooperative efforts. Motion carried unanimously. ITEM W Harris asked where the tax-forfeited property was located. Fox replied the property was on Round Lake Park. He added this was an oversight and the property should have been dedicated to the City. Motion carried unanimously to approve the Consent Calendar as amended. IV. PUBLIC HEARINGS A. PRTMETECH IX LIMITED PARTNERSHIP. Request for Planned Unit Development Concept Amendment on 87 acres, Planned Unit Development District Amendment on 87 acres with a waiver for structure height, Zoning District Change from C-Reg-Ser to Office on 5.5 acres for construction of a 62,669 square foot office building. Location: North of Shady Oak Road, east of City West Parkway, west of Highway 4169. (Resolution No. 89-21, PUD Concept Amendment; Ordinance No. 3-89-PUD-1-89, PUD District Amendment and Rezoning) Jullie reported that notice of this Public Hearing was sent to owners of 16 surrounding properties and published in the January 25, 1989 issue of the Eden Prairie News. Ron Erickoon, representing the proponent, stated that the building would house the IDS Financial Services company. Erickson said this was the last building to be constructed in the Primetech Park. He added the building design and exterior brick would match that of the existing buildings. Enger reported that this proposal had been reviewed by the Planning Commission at its January 9, 1989 meeting and recommended approval on a 0-0 vote per changes noted in the Staff Report dated January 6, 1989. Enger stated that Staff had recommended an additional cross-access easement to the existing parking area to the northwest to provide better egress, ingress, and internal circulation. Enger stated that Staff also recommended a sidewalk connection between the proposed building and the sidewalk along City West Parkway be constructed. Enger noted the project was not reviewed by the Parks, Recreation and Natural Resources Commission. 140)S' City Council Minutes 8 February 7, 1989 Peterson asked for clarification on the reasons for cross- access. Enger replied the cross-access easement would allow for better distribution of traffic out of the parking lot. Peterson asked Erickson if the cross-access had been incorporated into the plan. EricLion replied yes. Tenpas asked Erickson how much of the building would be occupied by IDS Financial :7,2rvices. Erickson replied initially IDS Financial Services would occupy 50% of the building. Tenpas asked Erickson it an underground sprinkling system would be installed. Erickson replied the entire park currently had an underground sprinkling system. MOTION: Harris moved, seconded by Pidcock to close the Public Hearing and Adopt Resolution No. 89-21 for PUD Concept Amendment. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to approve 1st Reading of Ordinance No. 3-89-PUD-1-89 for DUD District Amendment and Rezoning and to direct Staff to prepare a Development Agreement according to Commission and Staff recommendations. Motion carried unanimously. B. RED ROCK RANCH by Mason Homes. Request for POD Concept Amendment, and Planned Unit Development District Amendment on approximately 60 acres within the R1-13.5 Zoning District with waivers from front and side yard setback Code requirements. Location: West of Mitchell Road, east of Red Rock Lake. (Resolution No. 89-22, PUD Concept Amendment; Ordinance No. 4-89-PUD-2-89, PUD District Review and Zoning District Amendment within the R1-13.5 District) Jullie reported that notice of this Public Hearing was sent to owners of 85 surrounding properties and published in the January 25, 198° issue of the Eden Prairie News. Randy Travalia, representing Mason Homes, stated that originally the request had been for flexibility in both the front yard setback and the sideyard setback; however, after a careful review of the plan, the request had been changed to request only the sideyard setback. Travalia stated the rationale for the request was to allow flexibility in locating the homes on the site to minimize grading and to save additional trees. He said the waiver would allow placement of the homes within 5 feet of any City Council Minutes 9 February 7, 1989 sideyard lot line with the restriction that 25 feet would be maintained between the homes. Enger reported that this item was reviewed by the Planning Commission At its January 23, 1989 meeting and recommended approval of the waiver for sideyard setback. Enger reported that the sideyard setback would not be less than 5 feet, the total of both sideyards on any lot shall be 25 feet, and the minimum sideyard distance between houses on adjoining lots shall be 25 feet. Enger noted this item was not reviewed by the Parks, Recreation and Natural Resources Commission. Pidcock had reservations about the 5-foot sideyard setback because of complaints in other neighborhoods. Pidcock asked for assurance from the developer that the 25-foot distance between homes would be maintained. Travalia replied that the 25-foot distance would be maintained. Anderson asked what would happen if a homeowner wanted to put up a fence. Travalia replied that a final draft of the covenants had not been drafted; however, restrictions on building fences would be part of the covenants. Anderson asked Travalia who would enforce the covenants. Travalia replied that after 5 years or after Mason Homes had completed the development, it would be up to the neighbors to file litigation. Tenpas believed the intent of the request for the waiver was to allow the homes to be located to best fit the topography of the land with the least alteration necessary. Tenpas commented that based on the price range of the homes he did not believe fences would be a problem. Harris believed that the request for the waiver had merit to make for a more interesting and attractive neighborhood. Anderson was concerned about covenants being upheld by second owners of the property and the possibility of problems for the City in the future. MOTION: Pidcock moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 89-22 granting the side- yard setback waiver with conditions. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to approve 1st Reading of Ordinance No. 4-89 -PUD-2-89, and to direct Staff to prepare an amendment to the Boulder Pointe development City Council Minutes 10 February 7, 1989 agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. Site Plan and Architectural Design Review - Amendment to City Zoning Code,. Chapter 11 (Ordinance No. 1-89) Jullie reported that notice of the Public Hearing was published in the January 25, 1989 issue of the Eden Prairie News. Jullie stated that the Ordinance would require site plan and architectural design review prior to issuance of a building permit for any building except those on land zoned for Rural, single-Family, or 011-6.5 Multi-Family residential uses. He added that a period of no more than two years may pass from the site plan and architectural approval until the building permit was issued. Jullie said that the Planning Commission had reviewed this item and recommended adoption by the City Council. Peterson asked Enger to clarify the intent of the language in Section F regarding the CO-day period from the time it was referred to the Planning Commission. Enger replied this followed with the zoning procedure and the intent was to prevent the plan being held up at the Planning Commission. Enger added this would provide the City Council a legal way to act on a plan if the council believed it had been held too long at the Planning Commission. Harris asked if the Ordinance would apply to other governmental agencies such as the School District. Enger replied yes. Pidcock was concerned about the limited number of property owners who would be notified of Public Hearings with the 350-font requirement. Enger replied 350 feet was the statutory limit for zoning; however, additional notices could be sent out depending on the situation. MOTION: Anderson moved, seconded by Harris to close the Public Hearing and approve 1st Reading of Ordinance No. 1-89 to enact the Site Plan and Architectural Design Review Amendments to the City Code. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson to approve Payment of Claims No. 48396 to No. 48823. ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". 407 City Council Minutes 11 February 7, 1989 VI. ORDINANCE & RESOLUTIONS A. lot Reading of Ordinance No. 2-09, amending. Section 2.11, Subd. 1 of the City Code to reduce the number of members from nine to seven on the Board of Appeals and Adlustments Harris moved, seconded by Anderson to approve 1st Reading of Ordinance No. 2-89 reducing the number of members on the Board of Appeals & Adjustments to seven. Motion carried unanimously. B. Jullie reported that the City's financial consultants indicated the bond market was appropriate now and recommended the City move quickly. Pidcock asked how much the City would save by selling the bonds. Frane replied that the refunding could result in restructuring future annual debt obligations and thus reduce the property tax which would otherwise be levied. Savings could occur in cost avoidance. The revenue supported (i.e., user-fee) bonds would not have any savings accrue to customers. Pidcock moved, seconded by Harris to adopt Resolution No. 89-27, Resolution No. 89-28, Resolution No. 89-29, and Resolution No. 89-30. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. EDEN PRAIRIE INTERMEDIATE SCHOOL by Cunningham Architects. Request for a new Intermediate School on a 23-acre site. Location: Along Purgatory Creek at the junction of Research Road and Anderson Lakes Parkway. Jullie reported that the architect for the proposed Intermediate School would present the plan for the Council's consideration. Jullie stated that Council's action tonight would be to make recommendations and to voice any concerns. John Quiter, Cunningham Architects, presented the plan. Quiter stated that the schedule currently proposed was to receive bids in April and start construction in May 1989. He noted on the plan that the proposed school would be located in the center portion of the 23-acre site adjacent to Anderson Lakes Parkway. Quiter stated that the proposed access would be from Research Road. Quiter said y99 City Council Minutes 12 February 7, 1989 the school could accommodate approximately 1100 students. He stated the brick for the exterior would be the same as other elementary schools in Eden Prairie. Anderson asked if the plan met the State requirements for playground and open space. Qui ter replied the plan had been reviewed and approved by the State. Anderson commented that it appeared there was as much concrete space for parking as playground area. Anderson asked Quiter how many parking spaces were provided. Quiter replied 140 parking spaces. Anderson asked Lambert if the City would have any park area close to the school. Lambert replied that Staring Lake Park would be the closest park. Anderson commented that in the past the elementary schools in Eden Prairie had adequate open space and he believed this school's open space appeared small. Peterson noted that the memo from the Park and Recreation Staff also questioned the amount of open space. Peterson asked Quiter to elaborate on the State standards. Quiter replied the State had reviewed the site plan and approved the amount of play area provided. Quiter believed it was important to keep in mind this was an elementary school which would not have structured sports events. Anderson stated that the State required Sib and fth graders to have 30 minutes of physical education classes daily. He added that children of this age group are very active and considered the amount of activity space to be minimal. Anderson commented that Eden Prairie had a tradition of providing adequate and extra open space for its schools. Quiter replied there was physical education space within the building. Quiter added there were two gyms in the building. Quiter noted that there would be 3 physical education classes going concurrently. Quiter believed the open space could handle the schools required programs. Harris asked Quiter what type of plantings would be used. Quiter replied that the school would provide coniferous trees to provide year round screening of the parking lot. Anderson asked Enger if a tree inventory had been provided. Enger replied yes. Enger asked if the Council had concerns about the color of brick being used. Peterson replied that Quiter had indicated it would be consistent with the other elementary schools. Enger noted that the Staff report requested that a sample of the brick color be submitted prior to building permit issuance, which would indicate that a definite color had not yet been selected. Enger added that based SOO City council Minutes 13 February 7, 1989 on the Council's previous concerns over the brick colors for the Hiyh School addition and Cedar Ridge School, le wanted to be sure the Council was comfortable with the brick color. Peterson stated that a sample of the brick color should be presented to the Council prior to building permit issuance and added that this should be added as a condition for Council approval. Tenpas asked Enger if it would be possible that when the brick color was reviewed by the Council, samples from the other schools would be available for comparison. Anderson asked Enger if there was a plan which would indicate specifically which trees would be taken out. Anderson noted the plan depicted a mass of trees and was not specific regarding removal. Enger replied there was an estimate made of the mass of trees and an inventory was done on the trees to be removed. Enger said that Staff estimated the percentage of removal of trees based upon the specific number and size of trees being removed and compared this amount to the estimated total caliper inches of trees in the mass. Anderson asked Enger if plans normally depicted the amount of trees to be removed. Enger replied yes; however, the plan was not included in the packet of Agenda materials. Anderson commented that this was one of the nicest sites in the City and the Council Was not given a plan which detailed the amount of tree loss. Quiter stated that the tree loss would include approximately 3-Lo-4 trees on the site and the trees close to the existing house. Anderson asked if the tree masses on the site would he fenced off and protected. Anderson added that many times it was one or two years after construction that the trees are lost. Quiter replied the mass of trees would be protected. Quiter stated that the school was also concerned about the beauty of the site. MO.I7PM Pidcock moved, seconded by Tenpas to encourage Eden Prairie ISD No. 272 to incorporate the recommendations of Staff, Commissions, and Council for the development of the new intermediate school and follow the conditions set forth by Staff. Motion carried unanimously. REPORTS OF ADVISORY COMMISSIONS APPOINTMENTS REPORTS OF OFFICERS, BOARDS COMMISSIONS A. Reperts of Council Members s ol City Council Minutes 14 February 7, 1939 1. City, Manager Evaluation Process Harris suggested that the establishment of goals for the City against which the City Manager could be evaluated be included in the evaluation. She added that these goals should he estab1i2hed early in the year to allow the goals to be attained. Jullie presented to the Council a revised review form and a suggested revised procedure. Jell Le suggested that Councilmembers complete the evaluation and return them to Mayor Peterson within one week. Jullie stated that at that time Mayor Peterson and one other Councilmember could review the evaluations and report back to the Council at the February 21, 1989 meeting. Jullie noted that Councilmember Anderson had been designated as the Councilmember to review the last evaluation. The Council concurred to appoint Mayor Peterson and Councilmember Anderson to review the evaluation for 1989. 2. Keys. to the City Harris believed that the criteria established by Staff for the presentation of the keys to the City were appropriate. Harris moved, seconded by Pidcock to accept the Staff's policy recommendations. for the presentation of the keys to the City. Motion carried unanimously. 3. Term of the Mayor Harris believed that two years was a very brief period for an individual to become knowledgeable and to become effective. Harris supported the term of Mayor to be four years and believed this issue should be dealt with before another election. Pidcock concurred. Peterson asked Harris if she had considered the possibility of an adhoc committee and to the allow time to have comments from the public reflected in the new media. Peterson believed this issue needed careful study and analysis. Tenpas asked if the term had always been for two years. Jullie replied that State Law states a two year term unless otherwise provided. Pidcock stated that other municipalities had 4-year mayoral terms. Anderson stated that there were other municipalities which had more Councilmembers. He added that many residents believed that their areas were not being represented or that another area of the City had too much representation. SO2 City Council Minutes 15 February 7, 1989 Anderson believed there were additional items that needed consideration along with the mayoral term. Tenpas wasconc7t:rned about e..:;tahil ..:.hirug Districts for representation. Anderson believed the community needed to be able to voice its opinions regarding the term of the Mayor, the possibility of ward or districts, and if they believed all areas of the City were represented by the Council. Harris believed the City had to be a certain size before wards or districts should be established. Harris stated that she was more comfortable running on an at-large basis because then the focus was on the entire district and not on a specific area. Harris recommended that a small group of residents, possibly 5 to 7, be established. Pidcock commented that she did not want this issue to become politically controversial. She added the issue to be considered should be the merits of a two-year term versus a four-year term. Peterson suggested establishing a committee of two councilmembers and 5 residents at large to establish and define a process to determine community input and establish a time frame. Anderson asked how the five residents would be chosen. Tenpas suggested that each Councilmember he responsible for appointing one member to the Committee. Pidcock moved, seconded by Harris to appoint Councilmember Harris and Councilmemher Tenpas to serve on the Committee, that each Councilmember appoint a committee member, and the Committee should meet within the next 30 days. Motion carried. 4 . Funds Harris stated that she was impressed with the short-term returns of 9.1% from the Minnesota Municipal Money Market (4M) Fund. Harris asked if Staff was familiar with these short-term funds, which were offered through the League of Cities. Harris requested to have Staff prepare a report on the City's short-term investment practices. Hirris moved, seconded by Pidcock to direct Director of Finance, Frane, to update the City Council on the City's short-term investments. Motion carried unanimously. SL), City Council Minutes 10 February 7, 1989 5. Time Management Study Pidcock asked for Council input on the possibility of an organizational time management study. Pidcock believed the whol:: City government could benefit from such a study. Tenpas believed that the department heads were qualified to determin n : their Staff needs and was comfortable relying on their judg:;ment. Peterson ;-1.1gge:.ted that A time management study be discussed at the Strategic Planning Meeting. 6. Regulations 1-:1C,T1-. I Anderson moved, seconded by Harris to direct Staff to draft an Ordinance to deal with off-road recreational vehicles restrictions and report to the City Council. Motion carried unanimously. B. Repqrt of City Manager C. Report of City Attorney D. 13r,tp9rt.f_NT_0 (-7,-:nr..c)f P 1 ,7.17111.illa E. Director of Parks FPcretion & Natural Resources 1. Lambert reported that the Staff's choices were: 1) Pheasant Woods Park, 2) Coachman's Landing Park, and 3) Village Woods Park. Tenpas commented that other communities tried to name the parks after prominent members of the Community. Lambert replied that this issue had been discussed at length by other Eden Prairie City Councils and the City's policy was that unless An individual gave the park land to the community the City was not inclined to name parks after individuals. Lambert added the only park in Eden Prairie named after An individual was Miller Park because the family had donated a significant amount of land at this site. Tenpas believed that naming the parks after prominent citizens gave the City some history and should he considered an honor. Pidcock concurred. Peterson believed ',hat to start naming parks after individual:; would be inconsistent with the City's policy. Pidcock commented that .;he had suggested names of SUL/ City Council Minutes 17 February 7, 1989 individuals who had been pioneers in Eden Prairie. Tenpas commented that if naming parks after individuals would be inappropriate, he suggested naming streets after them in order to give a sense of history and community and to recognize our forebears. MOTTON: Harris moved, seconded by Peterson to rename the former Red Rock Park on Mitchell Road to Pheasant Woods Park. Motion carried 3-2, with Anderson and Pidcock voting "NO". Lambert reported that the Parks, Recreation, and Natural Resources Commission recommended the name Pioneer Park. vnT Anderson moved, seconded by Harris to name the Old City Hall Site Park, Pioneer Park. Motion carried unanimously. ' Lambe:7t reported that the Parks, Recreation, and Natural Resources Commission recommended the name Cedar Bluff. Pidcock moved to name the Park on the bluffs, High Prairie. Motion did not receive a second. Anderson suggested Prairie Bluff Park. He noted this area was a prairie overlooking the bluff. mn7 T fl Anderson moved, seconded by Harris to name the park on the bluffs, Prairie Bluff Park. Motion carried unanimously. F. Report_pf Dirpctor of Public Works G. Report of Finance Urector XI. NEW BUSINESS XII. ADJOURNMENT flPTT7'li Harris moved, seconded by Pidcock to adjourn the meeting at 9:35 PM. Motion carried unanimously. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 7, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER Act 90, Inc. Artistic Applications & Decorating Creative Building Services, Inc. J. W. Hulme Company Rosewood Construction, Inc. CONTRACTOR (1 & 2 FAMILY) Denco Properties, Inc. Mark Eklo Homes Handmade Enterprises Wes Hanson Builders, Inc. Hestia Homes, Inc. Jab-Ushot Jyland Homes, Inc. John Klingelhutz Company LaMettry's, Inc. Tom Mason Homes, Inc. Steve Monson Construction Erwin Montgomery Const. Kevin Moynihan Homes, Inc. Mueller Construction Nature's Way Neighborhood Building & Remodeling Richter Construction C. W. Smith Construction Renee Stocker Companies, Inc. Tyrol Builders, Inc. Van Eeckhout Building Corp. PLUMBING Advanced Plumbing & Heating Atkins Mechanical, Inc. Barnes Plumbing Co., Inc. Grupa Mechanical Contractors Oak Grove Mechanical P & D Mechanical Contracting Roseville Plumbing & Heating Southtown Plumbing, Inc. Tim's Quality Plumbing Zachman Plumbing Advanced Plumbing & Heating Atkins Mechanical, Inc. Climate Designers, Inc. Cronstrom's Heating & Air Conditioning New Mech Companies, Inc. Southtown Plumbing, Inc. St. Marie Sheet Metal, Inc. Welter & Blaylock, Inc. Wend l Service Company Williams Mechanical Contractor HEATING & VENTILATING Air Corp, Inc. Al's Heating & Air Conditioning Atkins Mechanical, Inc. Boulevard Sheet Metal & Heating Co. Climate Deisgners, Inc. Cronstrom's Heating & Air Conditioning New Mech Companies, Inc. Reineccius Heating & Air Conditioning St. Marie Sheet Metal, Inc. Wend l Service Company SEPTIC SYSTEMS Richfield Plumbing WATER SOFTENER Robert B. Hill Company Minnestoa Water Treatment WELL DRILLING Rogers Well Company REFUSE HAULING D & J Recycling CIGARET1E Applebee's These licenses have been approved by the department heads responsible f o r tr)icensed'activity. Fat Solie Licensing SO(0 SETTLEMENT AGREEMENT This Agreement is entered into by and between Shafer Contracting Co., Inc., a Minnesota corporation, and the City of Eden Prairie, a municipal corporation, this day of March, 1989. WHEREAS, Shafer Contracting Co., Inc. has initiated a claim in litigation against the City of Eden Prairie for damages allegedly sustained by Shafer Contracting Co., Inc. in the repair of contract work under construction during July, 1987; and WHEREAS, the City of Eden Prairie disputes all liability and damages as asserted against the City of Eden Prairie by Shafer Contracting Co., Inc.; and WHEREAS, the City of Eden Prairie maintains a claim against Shafer Contracting Co., Inc., exclusive of matters currently in litigation, for damages to a water main within the territorial limits of the City of Eden Prairie, allegedly caused by the work forces of Shafer Contracting Co., Inc., in the amount of $18,354.52; and WHEREAS, the parties wish to amicably resolve the claims by and between the parties without continued litigation and expense; NOW, THEREFORE, it is hereby agreed as follows: 1. In consideration of the sum of $10,000.00 paid to Shafer Contracting Co., Inc. by City of Eden Prairie, the action identified as Shafer Contracting Co., Inc. v. City of Eden Prairie, Hennepin County District Court File No. 88-21110, shall be dismissed with prejudice without further costs to either party. Page 2 2. Shafer Contracting Co., Inc. shall remit payment by separate check or draft made payable to the City of Eden Prairie in the amount of $18,354.52 in full satisfaction and discharge of claims and causes of action, asserted and unasserted, by the City of Eden Prairie against Shafer Contracting Co., Inc. 3. Nothing herein shall constitute an admission of liability by either party in respect to any and all claims, causes of action, Complaints and demands of whatsoever nature, asserted and unasserted, by either party against the other. 4. Each party does hereby fully and finally release and discharge the other from any and all claims, causes of action, Complaints, and demands of whatsoever nature, asserted and unasserted, in connectior. with losses and damages incurred and sustained by either party incident to the circumstances set forth herein above. IN WITNESS WHEREOF, the parties have executed this Agreement this day of March, 1989. SHAFER CONTRACTING CO., INC. By Its CITY OF EDEN PRAIRIE By It s 7DHG/EP-2 02-27-89 February 24, 1989 GIRL SCOUTS Greater Minneapoiis Girl Scout Council 5601 Brooklyn Blvd Mtnneapoas. MN 55429-3074 (612) 535-4602 Gary Peterson, Mayor City Hall 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Gary Peterson, This year, Girl Scouts is celebrating it's 77th birthday during the week of March 12-18, 1989. Over 17,000 Girl Scout families in the Greater Minneapolis Girl Scout Council will be joining in the celebration. We hope you too will provide your support for our organization by Ligning the attached proclamation at the March City Hall Council meeting. Sincerely, Chris Purington Director of Outreach in the Work Place enc. PRlils Budding Stronger Roles For Gag; And The Women They Will Become A UMW, WAY AliPACY Soo) Equ i p Opporwndy Affirm/do. Action &NNW/. GIRL SCOUTS Greater Minneapolis Girl Scout Council 5601 Brooklyn Blvd Minneapolts MN 55429-3074 (612) 535-4602 GIRL SCOUT WEEK, MARCH 12-18, 1989 PROCLAMATION WHEREAS, Girl Scouts of the U.S.A recognizes that today's girls will be tomorrow's leaders; and WHEREAS, Girl Scouts of the U.S.A. is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models; and WHEREAS, the Girl Scout Movement continues to emphasize leadership and personal and career development for girls; and WHEREAS, our community and world will be the direct beneficiaries of the skilled young women who are Girl Scouts: NOW, THEREFORE, I , by virtue of the authority vested in me as mayor, do urge the citizens of Eden Prairie to support the Girl Scouts in their endeavors; I now proclaim this week, March 12-18, 1989, Girl Scout Week in Eden Prairie. Mayor's Signature: Date Bowline Stronoer Roles For Gels And The VVomen They Will Become A Unrled WA/ AlPeoeY S IL) Equal Opportunity Affirmative Action Employe, MEMORANDUM Mayor and City Council THRU: Carl Jullie FROM: Craig Dawson DATE: February 28, 1989 SUBJECT: Status of Waste Abatement Programs This memorandum will provide a brief update on the status of the various components of the City's evolving waste abatement programs. Development of these programs is being pursued in a manner which allows optional particip a t i o n by interested parties -- particularly licensed refuse collectors and the Wast e Management Commission -- rather than major unilateral action by the City. Drop-off Center: The City entered into an agreement with Goodwill Industries, Inc./Easter Seal Society of Minnesota to operate an attended drop-off center f o r a variety of recyclable materials. This center, which will be in operatio n seven days a week, began providing services on March 1 from its location i n t h e Menards Center. It will provide the most convenient multi-material recycl i n g opportunity to date within the City. Newspaper-only drop-offs remain at the Eden Prairie Senior & Family Center a n d the Eden Prairie Assembly of God Church. Last year, 153 tons were collecte d a t these locations. Residential Curbside Program: Staff and the City Attorney have reviewed initial drafts of ordinance amendments and an agreement for refuse collection servi c e s . The ordinance amendments relate to new conditions which would be required t o hold a license for collecting refuse in Eden Prairie. Key provisions inclu d e requiring haulers to provide same-day recycling opportunities as well as containers to customers; weekly separate yard waste collection which is seas o n a l in 1989 and year-round thereafter; and delivery of wastes which are non-sour c e - separated recyclables to the Reuter Recycling, Inc. facility. This ordinan c e could designate collections to be made on certain days in different section s o f the City. The agreement for refuse collections services would be the vehicle to direct t h e non-recycled waste to the Reuter facility. As drafted, it would require individual three-party agreements by the City, Reuter, and licensed collector . Conditions in the agreement relate to the obligations of the parties, definitions of acceptable and unacceptable wastes, and tipping fees. After redrafting, these proposals will be sent to licensed collectors and Re u t e r Recycling, Inc. for comments. Unless Reuter is under contract with Hennepin County by June 1, 1989, the City must have authorized execution of agreements with Reuter by May 15 (the second Council meeting in May). Otherwise, th e w a s t e will fall under the jurisdiction of Hennepin County when its "designation ordinance" takes effect on June 1. S 1 Recycling Containers: As envisioned, those firms collecting recyclables would provide containers for their custoners. The City would provide $5 per household which is available from Hennepin County's funding assistance program. One local manufacturer has indicated that containers could be delivered six to eight weeks after an order to serve Eden Prairie was placed. Because the City will specify what is an acceptable container, a formal bidding process should be followed. this procedure would require four to six weeks. The Waste Management Commission will be making a recommendation on the type of container to use. Two types are currently in use: I) a set of stackable containers, with one container to be used for each type of material; and 2) one large container in which three grocery bags can be placed, with one bag for each type of material. After initially favoring the stackable type, commissioners have stated a preference for the single, multi-material container. Waste Management Commission: This commission hopes that Eden Prairie can become a leader in the way that a community responsibly and effectively manages its environmental wastes. It began meeting in December 1988. Since January, it has held meetings twice per month. At its February 23 meeting, two committees were formed: one for recycling and collection planning; the other, for marketing the City's programs and public education about recycling, yard waste reuse, household hazardous waste, landfilling, and environmental awareness. Commission members are undertaking a lot of work and they wish to offer recommendations to the Council before final decisions are made on the details to implement the City's recycling plans. The Commission is studying some fo these specifics at this time. As mentioned, it believes that a single, multi-material recycling container should be provided for each residence. How curbside recycling should be done is still under discussion. It is preferred that recycling collections should be done on a weekly basis and coincide with the pickup of non-recycled trash. And while it may be preferable to have haulers provide recycling opportunities for their customers, it may be that this arrangement will significantly impair the economic viability of smaller collection businesses. Rather than have them fail, as well as having the City responsible for monitoring the amounts collected by the several firms licensed to conduct this business, it may be preferable to have one firm collect recyclables only. This approach may affect the day of collection of both recycled and non-recycled waste, as well as the responsibilities for distribution and cost of containers. Several commissioners hold strong positions that the amount of refuse truck traffic should be kept to a minimum; having haulers in the recycling business would increase their truck traffic three-fold -- one for recyclables, one for yard waste, and one for the remaining waste. While the Commission strongly prefers the "open" system for waste haulers, such things as limiting truck traffic, making same-day collection of recyclables and other wastes a certainty, and instituting volume-based pricing would be easier if there were some exclusive contract(s) for collection services. As one can imagine, a great deal of study and discussion will take place over a short period of time in order for timely recommendations to be made for the May 15 deadline for Council action if the Reuter facility is to be included in the City's waste abatement plan. The Commission has established a work plan for 1989. It includes: * recycling * on-going research by Commission * organized refuse collection * on-going public education * volume-based pricing * multi-family recycling ( to begin * household hazardous waste later in the year). 6IR Multi-famil Recycling: Ways to have recycling available at multi-family complexes (instead of on a drop-off center) are planned to be studied later in the year. County efforts in technical assistance in residential programs will remain in the single-family through four-plex setting. County staff believes apartment managers will respond to increasing refuse collection costs as a incentive to provide recycling opportunities. Yard Waste: The draft ordinance calls for separate yard waste collection on a weekly basis in April-May and October-November 1989. Unless this provision is enacted separately from the draft ordinance being made available for comment, the requirement for separate collection in the Spring may not be enforceable. Household Hazardous Waste: Hennepin County plans to have a temporary site in the western suburbs for daily drop-off collection of household hazardous waste. A fall special collection event is planned along the lines of similar collection; days held during the past three years. Each of the waste transfer stations to be contructed as part of the County's incineration system will accept household hazardous waste. Prohibition of Certain Materials: The City Attorney's office is investigating the ability of the City to prohibit the use of certain non-recyclable and/or non-biodegradeable materials within the City limits. cc: Waste Management Commission MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Parks, Recreation & Nat u r a l Resources FROM: Stuart A. Fox, Manager of Parks & Recreation ih4 :1" DATE: February 27, 1989 SUBJECT: Franlo Park Irrigation Last summer, the City Council authorized the staff t o s o l i c i t b i d s for the irrigation of the 2 soccer fields, a soft b a l l f i e l d a n d baseball field at Franlo Park. Total cost of th e p r o j e c t w a s estimated to be $35,000. Last fall, the well was dri l l e d a n d p o w e r was installed so that the irrigation contract could b e b i d d u r i n g the winter months and installation could occ u r a s s o o n a s conditions permitted this spring. The irrigation project was published in the Eden Pr a i r i e N e w s o n February 1st and 8th with bids opened on Tuesday, F e b r u a r y 2 1 , 1989, at 10 A. M. The following is a summary of the b i d s r e c e i v e d : BIDDER SYSTEM TYPE Natural Green Rainbird Southview Design Rainbird Aqua Engineering Toro, Rainbird, Hunter or Hydro Rain Midwest Lawn Sprinklers Rainbird RECOMMENDATION: BID AMOUNT $44,450 $44,342.05 $28,871 $26,900 All bidders meet the specifications and after revie w o f t h e b i d s and plans submitted with them, the staff recommends t h a t t h e C i t y Council award the Franlo Park Irrigation Project to M i d w e s t L a w n Sprinklers for a cost of $26,900. SAF:mdd S14 RESOLUTION NO. 89 -44 RESOLUTION RELATING TO $9,045,000 GENERAL OBLIGATION PARK BONDS; PROVIDING FOR AN ELECTION ON THE ISSUANCE THEREOF BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: 1. This Council has investigated the facts necessary to ascertain and does hereby find, determine and declare that it is necessary and expedient for the City to issue and sell general obligation bonds in an amount not to exceed $9,045,000 to provide funds for the acquisition and development of land, buildings and facilities for its program of public recreation. 2. The question of issuing bonds in such amounts and for such purposes shall be submitted to the qualified electors of the City at a special election to be held on Tuesday, April 25, 1989, between the hours of 7:00 o'clock A.M. and 8:00 o'clock P.M. at the polling places set forth in the Notice described in paragraph 4 hereof. 3. The City Clerk is hereby authorized and directed to cause notice of the election to be given as follows: (A) by immediately posting in his office for public inspection a copy of the notice set forth in paragraph 4; (B) by publication of said notice in the official newspaper of the City, once each week for two successive weeks, the first publication to be not less than fourteen days before the election; (C) by posting said notice at each polling place and at three of the most public and conspicuous places in the City not less than ten days before the election; (D) by publishing in the official newspaper of the City a sample ballot as set forth in paragraph 5 at least one week before the election; and (E) by posting a sample ballot in his office for public inspection at least four days before the election, and in each polling place on the election day. 4. The Notice to be published and posted as provided in paragraph 3 (A), (B) and (C) above shall be in substantially the following form: 515 NOTICE OF ELECTION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Eden Prairie, Minnesota, on Tuesday, April 25, 1989, between the hours of 7:00 o'clock A.M. and 8:00 o'clock P.M., for the purpose of submitting to the voters the following question: Shall the City of Eden Prairie, Minnesota, be authorized to issue and sell general obligation bonds in an amount not exceeding $9,045,000 for the acquisition and development of land, buildings and facilities for its program of public recreation? The polling places for said election shall be as follows: Precinct Number Polling Place la The King of Glory Lutheran Church lb Eden Prairie Community Center 2 The Eden Prairie Assembly of God Church 3 Eden Prairie Community Church 4 St. Andrew Lutheran Church 5a Immanuel Lutheran Church 5b Immanuel Lutheran Church 6 The Eden Prairie United Methodist Church 7a New Testament Church 7b South Suburban Hennepin County Vo-Tech 8 Eden Prairie Presbyterian Church 9a Pax Christi Catholic Community Church 9b Pax Christi Catholic Community Church Any qualified voter residing in the City may vote at said election, at the polling place for the precinct in which the voter resides. Dated: , 1989. BY ORDER OF THE CITY COUNCIL John Frane City Finance Director/Clerk Sib 5. The sample ballot to be posted and published as provided in paragraph 3(D) and (E) shall be in substantially the following form: CITY OF EDEN PRAIRIE, MINNESOTA SPECIAL ELECTION Held April 25, 1989 (Please vote on the following question:) • Shall the City of Eden Prairie be authorized to • YES issue and sell general obligation bonds in an amount not exceeding $9,045,000 for the • acquisition and development of land, buildings • NO and facilities for its program of public recreation? INSTRUCTIONS TO VOTERS: If you wish to vote in favor of the above proposition, mark a cross (X) in the square preceding the word "YES". If you wish to vote against the above proposition, mark a cross (X) in the square preceding the word "NO" next to the proposition. 6. The City Clerk is authorized and directed to cause official ballots to be printed for the use of the voters at said election, which shall be printed on blue-colored paper and shall be identical in form with the sample ballot in paragraph 5 above, except that (i) the first line of the official ballot shall read "OFFICIAL BALLOT", (ii) on the back, so as to be visible when the ballot is properly folded for deposit, shall be printed the words "OFFICIAL BALLOT", the date of the election and the lines for the initials of two judges, and (iii) appropriate instructions to voters shall be substituted on those ballots prepared for use in voting machines. Mayor Attest: City Finance Director/Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-46 A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 5TH ADDITION WHEREAS, the plat of EDEN PRAIRIE CENTER 5TH A D D I T I O N h a s b e e n s u b m i t t e d i n a manner required for platting land under th e E d e n P r a i r i e O r d i n a n c e C o d e a n d under Chapter 462 of the Minnesota Statut e s a n d a l l p r o c e e d i n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consi s t e n t w i t h t h e C i t y p l a n a n d t h e regulations and requirements of the la w s o f t h e S t a t e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C O U N C I L O F T H E C I T Y O F E D E N P R A I R I E : A. Plat approval request for EDEN PRAIRIE C E N T E R 5 T H A D D I T I O N i s approved upon compliance with the reco m m e n d a t i o n o f t h e C i t y Engineer's report on this plat dated MARCH 1 , 1 9 8 9 . B. That the City Clerk is hereby directed to s u p p l y a c e r t i f i e d c o p y o f this Resolution to the owners and subdiv i s i o n o f t h e a b o v e n a m e d plat. C. That the Mayor and City Manager are hereby a u t h o r i z e d t o e x e c u t e t h e certificate of approval on behalf of t h e C i t y C o u n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on MARCH 7, 19 8 9 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk s-19 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: March I, 1989 SUBJECT: EDEN PRAIRIE CENTER 5TH ADDITION PROPOSAL: The Developers, Franchise Associates, Inc., have requested City Council approval of the final plat of Eden Prairie Center 5th Addition. Located North of Prairie Center Drive and East of Highway 169 within the Eden Prairie Center area, the plat contains 3.4 acres to be divided into two lots. Lot 1 is the proposed site for Arby's Restaurant and Lot 2 will be developed at a future date. HISTORY: The preliminary plat was approved by the City Council December 20, 1988 per Resolution No. 88-291. Second reading of Ordinance No. 61-88, changing zoning from Rural and Public to C-Regional-Service, was finally read and approved at the City Council meeting held February 7, 1989. The Developer's Agreement referred to within this report was executed February 7, 1989. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and walkways will be installed throughout the plat with conformance with City Standards and the requirements of the Developer's Agreement. All roadways necessary to service this property are currently in place. Prior to release of the final plat the Developers shall submit to the City and obtain the City's approval of a cross-access agreement between Lots I and 2. Prior to release of the final plat the plat shall be revised to include standard drainage and utility easements around the perimeter of each lot. MARCH 1, 1989 EDEN PRAIRIE CENTER 5TH ADDITION PAGE 2 PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding must conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Eden Prairie Center 5th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $972.00. 2. Receipt of engineering fee in the amount of $340.00. 3. Revision of plat to include standard drainage and utility easement. 4. Receipt of cross-access agreement between Lots 1 and 2. JJ:ssa cc: Franchise Associates, Inc. Greg Tilsch, Homart Development Company Suburban Engineering 5,2 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-47 A RESOLUTION APPROVING FINAL PLAT OF BENNETT PLACE ADDITION WHEREAS, the plat of BENNETT PLACE ADDITON 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 CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for BENNETT PLACE ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated FEBRUARY 28, 1989. 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 City Council on MARCH 7, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 62,2 THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: February 28, 1989 SUBJECT: Bennett Place Addition CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members PROPOSAL: The owners, Sam Thorpe and Frank Cardarelle, have requested City Council approval of the final plat of Bennett Place Addition, a single family residential subdivision located south of County Road #1 and east of Bennett Place in the south half of Section 25. The plat contains 1.48 acres to be divided into 4 single family lots and road driveway dedication for Bennett Place. HISTORY: The preliminary plat was approved by the City Council February 21, 1989, per Resolution No. 89-38. Second reading of Ordinance 8-89, changing zoning from R1-22 to R1-13.5, is scheduled for final approval at the City Council meeting March 7, 1989. There is no Developer's Agreement pertaining to this subdivision. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways are currently in place and available to serve this site. A sewer and water service will need to be provided to serve Lot 1. Prior to release of the final plat, the Developer shall provide the City with bonding to cover construction and restoration costs of installing said service to Lot 1. PARK DEDICATION: Park dedication shall conform to the City Code. BONDING: Bonding will conform to the requirements of City Code. RECOMMENDATION: Recommend approval of the final plat of Bennett Place Addition subject to the requirements of this report and the following: I. Receipt of street lighting fee in the amount of $540.00. 2. Receipt of engineering fee in the amount of $250.00. 3. Satisfaction of bonding requirements. JJ:ssa cc: Frank Cardarelle Sam Thorpe EDEN PRAIRIE, MINNESOTA WATER WORKS IMPROVEMENTS CITY PROJECT NO. 52-072A CONTRACT NO. 1 WATER TREATMENT PLANT IMPROVEMENTS CHANGE ORDER NO. 4 I. SCOPE This Change Order No. 4 will adjust the Contract price to account for the following items: A. Door Hardware Revisions and Shower Modifi- cations; B. Vinyl Cove Base for Filter Gallery; C. Modification of Gas-Fired Unit Heater Vents; and D. Additional Receptacles for Chemical Feed Equipment. II. CHANGE ORDER ITEMS A. DOOR HARDWARE REVISIONS AND SHOWER MODIFICATIONS The hardware for several doors shall be revised and the shower in the Administration Building Addition shall be modified in accordance with Black & Veatch's letter dated March 11, 1988 and the attached Figure C04-1. These revisions and modifications are required to meet the City's Duilding Thspection Department review. B. VINYL COVE BASE FOR FILTER GALLERY At the request of the Owner, additional vinyl cove base shall be installed in the filter gallery. C. MODIFICATION OF CAS-FIRED UNIT HEATER VENTS The vents for eight of the gas-fired unit heaters (GUM) in the basin room shall be modified in accordance with Black & Veatch's letter dated May 4, 1988. The vents for GUH-26, 32 and 33 shall have the vertical stack extended. Power venters shall be installed on GUH-27, 28, 29, 30 and 31. D. ADDITIONAL RECEPTACLES FOR CHEMICAL FEED EQUIPMENT Two additional electrical receptacles shall be installed in the existing chemical feed rooms to accommodate the additional chlorine and carbon dioxide heaters recommended by the equipment supplier. A2SED021589 C04-1 III. CHANGE IN CONTRACT AMOUNT Adjustments to the Contract price resulting from the aforementioned items shall be the following negotiated lump sum prices: Item A. Door Hardware Revisions and Shover Modifications B. Vinyl Cove Base for Filter Gallery C. Modification of Gas-Fired Unit Heater Vents D. Additional Receptacles for Chemical Feed Equipment Total - Change Order No. 4 Amount $1,964.00 422.00 2,780.00 507.00 $5,673.00 The net change to the Contract price is summarized as follows: Current Contract Price Change Order No. 4 New Contract Price IV. ACCEPTANCE $5,045,196.46 5,673.00 $5,050,869.46 The changes and conditions set forth in this Change Order No. 4 are hereby accepted. All other provisions of the Contract, including contract time, remain unchanged. SHAW-LUNDQUIST ASSOCIATES, INC. (Contractor) By ecl snaw-vresicieit Date February 23, 1989 CITY OF EDEN PRAIRIE, MINNESOTA (Owner) By Date A2SED021589 C04-2 cd5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 89-48 RESOLUTION REQUESTING SPEED STUDY FOR EDEN PRAIRIE ROAD (CSAH 4) FROM CSAH 1 TO NORTH CORPORATE LIMITS WHEREAS, CSAH 4 in Eden Prairie was designed and constructed at a time when the entire area was rural in character; WHEREAS, the rapid growth in Eden Prairie has resulted in a major transformation of the land uses along CSAH 4 to urban uses; and WHEREAS, the posted speed limit for the roadway has remained unchanged throughout this urbanization process. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Hennepin County Department of Transportation is hereby requested to initiate appropriate safety and speed studies for CSAH 4 between CSAH 1 and north corporate limits with the specific intent of lowering the speed limit to an urbanized standard. ADOPTED by the Eden Prairie City Council on March 7, 1989. Mayor Gary D. Peterson ATTEST: SEAL John D. Frane, Clerk S2 G February 21, 1989 Eugene Dietz Director of Engineering and Public Works City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mr. Dietz: As discussed in our phone conversation last week, I am concerned about the 45 m.p.h. speed limit along County Road 4 between Hwy. 5 and Duck Lake Trail. It is considered by many residents in this area to be not only exLessive but hazardous for the following reasons: I) the quantity of traffic has increased in the past few years due to the new freeway access at I494/Crosstown via County Rd. 4, the increase in population in this northern sector, and the increased use of community and shopping facilities by Eden Frairie residents. 2) the number of residential streets accessing County Rd. 4 has increased (i.e.. Baywood Lane, Terracewood Drive, and Mere Drive) resulting in more cars stopped on County Rd. 4 to make left hand turns, and other cars diverting around them illegally into the bike/walk lane. Cars entering County Rd. 4 from these streets also find it difficult to increase their speed fast enough to prevent slowing exisiting traffic. 3) the incomplete bike/walk trail between Valley View Road and Duck Lake Trail forces residents who use the existing bike/walk lane to compete with relatively high speed traffic and with cars diverting into the lone. Many parents restrict their children from walking or biking along County Rd. 4 because they consider the rood too dangerous to cross or walk/bike along. I request that the City Council enter a resolution to the Hennepin County Board of Transportation to review the current speed limit on County Rd. 4 and would appreciate your placing this request on the agenda for the March meeting. Sincerely, Sandra Stephens 16029 Baywood Lane Eden Prairie, Minnesota 55346 15-ar7 937-2493 Primetech IX CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-89-PUD-1-89 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 Commercial-Regional-Service District and be placed in the Planned Unit Development 1-89-Office District (hereinafter "PUD 1-89-Office." Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 7, 1989, entered into between Primetech IX Limited Partnership and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of March 7, 1989, entered into between M. G. Astelford and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 1-89-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 1-89-Office is not in conflict with the goals of the Guide Plan of the City. B. PUD 1-89-Office is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, that are contained in PUD 1-89-Office, are justified by the design of the development described therein. D. PUD 1-89-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 1-89-Office 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 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of February, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of March, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Primetech IX EXHIBIT A P.U.D. Concept Amendment District Review Block 1, Outlot A; City West Addition Block 1; City West Business Center Block 1; City West Third Addition Block 1; City West Fourth Addition Block 1, 2, 3, Outlot A, B, C; Primeland Addition Block 1, Outlot A; Primeland Second Addition Block 1, Outlot A; Primeland Third Addition Block 1, Outlot A; Primeland Fourth Addition Block 1, Outlot A; Primeland Fifth Addition Zoning District Change from Commercial-Regional-Service to Office Lot 2, Block 1, CITY WEST 3RD ADDITION, Hennepin County, Minnesota. sk) Primetech IX DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of • 1989, by Primetech IX Limited Partnership, a Minnesota general partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development District Review Amendment to the 1981 City West Planned Unit Development with a waiver for building height from 30 ft. to 64 ft. and with an underlying Zoning District Change from Commercial-Regional-Service to Office on 5.5 acres for construction of a 62,699 sq. ft. office 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 #3-89-PUD-1- 89, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated February 2, 1989, reviewed and approved by the City Council on February 7, 1989, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. 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. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, 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. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's aprpoval of the following: A. Samples of exterior building materials for the structure on the property. Said materials shall be compatible with the existing exterior materials on other structures within the City West Planned Unit Development area. B. Detailed plans for signs on the property, including materials, colors, lighting of any such signs, and dimensions. C. Detailed plans for lighting on the property, including any lighting on the structure and lighting for the parking areas. D. A revised site plan indicating the inclusion of a cross access near the "proof of parking" area as depicted in Exhibit 0, attached hereto, and made a part hereof. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those materials and plans listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. Concurrent with building construction on the property, Developer agrees to construct a sidewalk connection between the proposed building and the sidewalk located along City West Parkway. 7. Developer agrees that the property shall be part of the overall City West Owners Association. 8. Developer acknowledges that the property will benefit from any future improvements to Shady Oak Road in the vicinity of the City West Planned Unit Development area and agrees to pay its fair share of the corresponding special assessments therefor. 52 Primetech IX CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-51 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 3-89-PUD-1-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 3-89-PUD-1-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of March, 1989; 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. 3-89-PUD-1-89, 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. Stat. 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. 3-89-PUD-1-89 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 March 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 533 Primetech IX CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-89-PUD-1-89 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: Summary: This Ordinance allows rezoning of land located north of Shady Oak Road, east of City West Parkway, west of Highway #169 from the Commercial Regional Service District to the Office 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. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) i)3Li Bennett Place Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-89 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 R1-22 District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and shall be included hereafter in the R1-13.5 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, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of February, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of March, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Lot 29, Eden Prairie Acres, Henrepin County, Minnesota. 5,3(9 Bennett Place Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-52 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 8-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 8-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of March, 1989; 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. 8-89, 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. Stat. 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. 8-89 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 March 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Bennett Place Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-89 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: Summary: This Ordinance allows rezoning of land located east of Bennett Place, north of Blossom Road from the R1-22 District to the R1-13.5 District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) ?Z' RESOLUTION NO. 89- A RESOLUTION TO AMEND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTIONS 469.174 TO 469.179, INCLUSIVE, FORMERLY SECTIONS 273.71 TO 273.78, INCLUSIVE, OF MINNESOTA STATUTES, AND TO APPROVE THE HOUSING AND REDEVELOPMENT AUTHORITY'S INTEREST REDUCTION PROGRAM FOR THE DISTRICT. WHEREAS, the City Council of the City of Eden Prairie, Minnesota, ("City"), has determined that it is necessary and desirable in the public interest to designate, establish, develop and administer a Housing District in the City of Eden Prairie, Minnesota, as defined in Minnesota Statutes, Section 469.174, subd. 11, formerly Section 273.72, subd. 11; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, ("HRA"), has adopted a Redevelopment Plan dated October, 1985 (the "Plan"), part of which plan contains a method of financing for a Project as defined in Mirnesota Statutes, Section 462.421, subd. 14; and WHEREAS, the City Council adopted the Plan on November 5, 1985; and WHEREAS, the HRA, by resolution duly adopted at a meeting held on February 18, 1986, did approve a Tax Increment Financing Plan ("TIF Plan") and Interest Reduction Program; and WHEREAS, the City Council, by resolution duly adopted at a meeting held February 18, 1986, did approve the TIF Plan and the Interest Reduction Program and designate Tax Increment Financing District No. 10 ("TIF District No. 10"); and WHEREAS, the City Council of the City has determined that tax increment financing will be necessary to finance the public costs associated with the Housing District and Project within the TIF District pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive, formerly Sections 273.71 to 273.78, inclusive; and WHEREAS, the HRA has fully informed the members of the Board of Hennepin County Independent School District 272 and Vocational School District 287 and Hennepin County Board of Commissioners of the fiscal and economic implications of the proposed TIF District; and WHEREAS, the HRA has been requested to amend the TIF Plan to increase the amount of tax increment to be used for the Interest Reduction Program in exchange for obtaining additional low income housing for elderly persons in the TIF District; and WHEREAS, the HRA, by resolution duly adopted at a meeting held on March 7, FebEuafy-21 7 -1969, did approve the amended TIF Plan (the "Amended TIF Plan") and the amended Interest Reduction Program (the "Amended Program"); and WHEREAS, at a public hearing duly held and noticed, all persons and parties were given full opportunity to present written or oral testimony, comments, objections, suggestions, and other matters, all of which were duly considered by the City Council; and WHEREAS, the Amended TIF Plan will afford maximum opportunity consistent with the sound needs of the municipality as a whole for the redevelopment of the area encompassed within the TIF District No. 10 by private enterprise; and WHEREAS, the Amended TIF Plan conforms to the general plan for the redevelopment of the area and development of the municipality as a whole; and WHEREAS, the City Council of the City finds the Amended TIF Plan is intended to provide financing that will enable the Project to provide lower income housing for elderly persons, meeting, at a minimum, the requirements of Minnesota Statutes, Section 469.012, subd. 7; NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, does hereby adopt the Amended TIF Plan and Amended Program for the Project and finds: 1. That the proposed development, in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; 2. That the Amended TIF Plan conforms to the general plan for the development or redevelopment of the municipality as a whole; 3. That the Amended TIF Plan will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the district by private enterprise; 4. That the Amended Program is necessary to accomplish the goals of the City and carry out the Amended TIF Plan. 2. 5. That the City makes the above findings and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit "A." ADOPTED BY THE CITY cuUNCIL this day of March, 1989. Mayor ATTEST: City Clerk .15qi 3. EXHIBIT "A" TO RESOLUTION 89- REASONS AND FACTS SUPPORTING FINDINGS FOR THE ADOPTION OF THE AMENDED TAX INCREMENT FINANCING PLAN AND AMENDED INTEREST RATE REDUCTION PROGRAM RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 10. BACKGROUND AND SUMMARY c In late 1984, the Planning Commission for the City of Eden Prairie first reviewed the site plan for the proposed Prairie Village Apartments (the "Project"). The proposal originally involved one 56-unit apartment building for lower income elderly persons and one 56-unit multifamily apartment building in which at least 20% of the units would be reserved for tenants whose adjusted gross income did not exceed 80% of the Minneapolis/St. Paul metropolitan statistical area median income. The Pproject was proposed for the parcel legally described as all of Outlot B and that part of Outlot C, Gonyea 4th Addition, Hennepin County, Minnesota, lying northwesterly of a line drawn from a point on the westerly line of said Outlot C distant 96.68 feet southeasterly along said western line from the most westerly corner of said Outlot C to .a point on the northerly line of said Outlot C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said Outlot C (hereinafter referred to as the "Parcel"). It was determined that the Parcel was vacant, unused and underused within the meaning of Minnesota Statutes, Section 426.421, subd. 13(3) and the Planning Commission A-1 6z6 recommended approval of the site plan to the City Council. At the direction of the Eden Prairie Housing and Redevelopment Authority (hereinafter referred to as the "HRA"), a redevelopment plan for Prairie Village Apartments was prepared with the cooperation and assistance of the appropriate City department. The redevelopment plan was completed in October, 1985. The plan included the following analysis as to why the proposed Prairie Village Apartments would be consistent with the City's housing policies, RELATIONSHIP TO LOCAL OBJECTIVES The Prairie Village Apartments Project is consistent with the following policies set forth in the City's Housing Plan which was adopted pursuant to Minnesota Statutes, Chapter 462(C). 1. The City's desire to encourage low income housing projects and to work with the Metropolitan Council to develop such projects. 2. The City's desire to encourage development of a variety of living and working environments for all kinds of people by holding development costs down. 3. The City's desire to encourage a variety of housing types and prices through innovative land use mixes. 4. The City's desire to encourage development of a variety of living and working environments for people of all ages, races and income groups. 5. In creating its multifamily housing finance program, the City Council of the City has found and determined that the preservation and enhancement of the high quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of the City; that a need exists within the City to provide in a timely fashion additional and affordable housing to persons residing and expected to reside in the City; that a need exists for mortgage credit to be made available for the new construction of additional multifamily housing; that a need exists to encourage elderly and low income housing projects; that a need exists to encourage A-2 development of a variety of living and working environments for all kinds of people by holding development costs down; that a need exists to encourage a variety of housing types and prices through innovative architecture and land use mixes; and that a need exists to encourage development of a variety of living and working environments for all people of all ages, races, and income groups. 6. The City, in considering the multifamily housing program, has considered generally available information regarding conditions in the housing industry and the information contained in the City's Minnesota Statutes, Chapter 462(C) Housing Plan, adopted on October 30, 1978, as amended February 2, 1982 (the "Housing Plan"), including particularly i. The availability and affordability of other government housing programs; The availability and affordability of private market financing for the acquisition of land for and construction of multifamily housing units; iii. An analysis of population and employment trends and future employments needs; iv. The recent housing trends and future housing needs of the City; and v. An analysis of how the program will meet the needs of persons and families residing and expected to reside in the City. 7. The City, in considering this program, has further considered 1 . The amount, timing, and sale of bonds to finance the estimated amount of construction and mortgage loans to be made under the program, to fund the appropriate reserves and to pay the cost of issuance; The method of monitoring and implementation of the program to assure compliance with the City's Housing Plan and its objectives; iii. The method of administering, servicing, and supervising the program; iv. The cost to the City, including future administrative expenses; A-3 v. The restrictions on the multifamily development to be financed under this program; and vi. Certain other limitations. The Plan along with the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10 proposed to be located entirely within the Redevelopment Plan area was duly transmitted by the HRA to the Planning Commission for the City of Eden Prairie for its study and opinion thereon. At its meeting of October 28, 1985, the Planning Commission recommended adoption of the Plan and the preliminary draft of the Tax increment Financing Plan for Tax Increment Financing District No. 10. On November 5, 1985, in Resolution 85-2 the HRA adopted the October, 1985, Redevelopment Plan which included the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. On November 5, 1985, in Resolution 85-243, the City Council, City of Eden Prairie, also approved the Redevelopment Plan and preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. On November 5, 1985, in Resolution No. 85-1 the HRA authorized the chairman and administrator of the HRA to execute on behalf of the HRA the Purchase Agreement for the Parcel and the ProjectpeFty Management Agreement. Resolution No. 85-1 authorized the HRA to purchase the Parcel for $150,000.00 payable in cash, $128,819.00 to be paid by the HRA and $21,181.00 to be paid by Prairie Village Limited Partnership. On November 19, 1985, the chairman and administrator of the HRA executed said Purchase Agreement and ProjectpeEty A-4 /AS Management Agreement. On November 23, 1985, the Parcel was conveyed by the ERA to Prairie Village Limited Partnership for $21,181.00. The $128,819.00 originally paid by the ERA was subsequently reimbursed to the ERA in a Community Development Block Grant. On February 18, 1986, the HRA and the City Council designated and established the Housing District for Tax Increment Financing District No. 10, approved Tax Increment Financing District No. 10, and adopted the Tax Increment Financing Plan and Interest Reduction Program therefor. Since that date, the Tax Increment Financing Plan for Tax Increment Financing District No. 10 has undergone several changes. The original proposal for the Project included one 56-unit apartment building for lower income elderly persons and one 56-unit apartment building in which at least 20% of the units would be reserved for tenants whose adjusted gross income did not exceed 80% of the Minneapolis/St. Paul Standard Metropolitan Statistical Area median income. The Project now includes one 56-unit apartment building for lower income elderly persons and one 56-unit apartment building to be rented at market rates. The Project Management Agreement to be executed by the developer of the Project will require that eighty percent (80%) of the elderly units Of the Project be rented to individuals or families whose incomes do not exceed sixty percent (60%) of the median income for the Minneapolis- St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. Twenty percent (20%) of the elderly units of the Project must be rented to A-5 67--?6 individuals or families whose incomes do not exceed seventy percent (70%) of the median income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. The rent charged by the developer for each unit rented to a lower income elderly person or household family-may not exceed thirty percent of sixty percent or thirty percent of seventy percent of median income, as applicable, annually. Such rents may not be increased by more than seven and five-tenths percent (7.5%) a year, or the amount calculated as described above and based on median income as determined by HUD from time to time, whichever is less. It is contemplated that the Pproject will be partially financed through the sale of tax-exempt housing revenue bonds in the approximate amount of $5,750,000. The proposed Interest Reduction Program will cover the entire Project, but be applied to assist in financing the 56-unit apartment building for elderly lower income tenants. Based upon the evidence and the record the Council sets forth its further specific reasons and facts supporting its Findings as follows: I. Tax Increment Financing District No. 10, described in the Amended Tax Increment Financing Plan for Tax Increment Financing District No. 10, consists of one parcel legally described as all of Outlot B and that part of Outlot C, Gonyea 4th Addition, Hennepin County, Minnesota, lying northwesterly A-6 of a line drawn from a point on the westerly line of said Outlot C distant 92.68 feet southeasterly along said westerly line from the most westerly corner of said Outlot C to a point on the northerly line of said Outlot C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said Outlot C. (Tax Increment Financing District No. 10 is hereinafter referred to as "TIF District No. 10"; the Amended Tax Increment Financing Plan for TIF District No. 10 is hereinafter referred to as the "Amended TIF Plan"; and the property located within the TIF District No. 10 and identified above is hereinafter referred to as the "Parcel"). II The Project consists of development of a residential complex containing two 56-unit apartment buildings and their accessory land uses. Fifty-six (56) units are intended for elderly lower income households and the other 56 units will be made available at market-rate rentals. The Project has an estimated development cost of $6,505,000 and will be partially financed through the sale of tax-exempt housing revenue bonds. The Parcel has been purchased by the Eden Prairie Housing and Redevelopment Authority and has been sold to Prairie Village Limited Partnership, the developer. The Project will result in increased housing and lower income elderly housing in the City and it will preserve and enhance the quality of life of the City by providing a range of housing opportunities. A-7 54 IV. The Project is intended for occupancy, in part, by elderly persons of lower income. Eighty percent (80%) of the elderly units of the Project will be rented to individuals or families whose incomes do not exceed sixty percent (60%) of the median income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. Twenty percent (20%) of the elderly units of the Project will be rented to individuals or families whose incomes do not exceed seventy percent (70%) of the median income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, by HUD. The rent charged by the developer for each unit rented to a lower income person or family will not exceed thirty percent of sixty percent or thirty percent of seventy percent of median income, as applicable, annually. Such rents may not be increased by more than seven and five-tenths percent (7.5%) a year, or the amount calculated as described above and based on median income as determined by HUD from time to time, whichever is less. V. If the Project were financed with a conventional mortgage, the rents which would be needed to meet the mortgage payments would be so high that they would not be affordable to lower income tenants. The Interest Reduction Program, together with housing revenue bond financing, will allow rents to be set at A-8 such levels as to qualify it as a lower income development and will make the Project economically feasible. For these reasons the use of tax increment financing for the Project is deemed necessary. SOK:EY1 A -9 kA0 MARCH 7,1999 49157 DANA GIBES PACKET DELIVERY 49158 HENNEPIN COUNTY TREASURER NOTARY COMMISSION FILING FEES-CITY HALL COMMISSIONER OF REVENUE JANUARY 89 SALES TAX 60 FIRE MARSHALL'S ASSN OF MN -CONFERENCE-BUILDING INSPECTIONS/SAFETY/ FACILITIES 49161 IACP CONFERENCE-POLICE DEPT 49162 MN CHAPTER IAAI -CONFERENCE-BUILDING INSPECTIONS/SAFETY/ FACILITIES 49163 GENERAL SAFETY EQUIPMENT CORPORAT FIRE TRUCKS-FIRE DEPT 49164 CHANHASSEN DINNER THEATRE SENIOR PROGRAMS/FEES PAID 49165 RONALD BEZDON REFUND-FAMILY MEMBERSHIP 49166 THE HIGHLAND HOTEL CONFERENCE-COUNCILMEMBER 49167 NORTHERN STATES POWER COMPANY SERVICE 4916B LETICIA REPPHUN REFUND-EXERCISE CLASS 49169 YVONNE ROCKWOOD REFUND-FAMILY MEMBERSHIP 49170 DAVID SIMPSON JR REFUND-CROSS COUNTRY SKIING 49171 KAREN SIMPSON REFUND-CROSS COUNTRY SKIING 49172 U S WEST CELLULAR INC SERVICE 49173 U S WEST COMMUNICATIONS SERVICE 49174 MN DEPT OF P/S MOTOR VEHICLE REGISTRATION 49175 JEFF TRESIDDER -RECRUITING POSTER-$897.50/INVITATIONS FIRE DEPT 49176 RITZ CARLTON CONFERENCE-COUNCILMEMBER 49177 NATIONAL LEAGUE OF CITIES CONFERENCE-COUNCILMEMBER 49178 NATIONAL LEAGUE OF CITIES CONFERENCE-COUNCILMEMBER 49179 UNIVERSITY OF MINNESOTA CONFERENCE-PLANNING DEPT 49180 THE HIGHLAND HOTEL CONFERENCE-COUNCILMEMBER 49181 CITY-COUNTY CREDIT UNION PAYROLL 2/17/89 '82 COMMISSIONER OF REVENUE PAYROLL 2/17/99 83 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 49184 EXECUTIVE DIRECTOR-PERA PAYROLL 2/17/89 49185 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/17/89 49186 GUARANTEE MUTUAL LIFE COMPANY FEBRUARY 89 LIFE INSURANCE PREMIUM 49187 HEWN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 49188 ICMA RETIREMENT CORPORATION PAYROLL 2/17/89 49189 MUTUAL BENEFIT LIFE FEBRUARY 89 LIFE INSURANCE PREMIUM 49190 SUBURBAN NATIONAL BANK PAYROLL 2/17/89 49191 UNITED WAY PAYROLL 2/17/89 49192 AARP 55 ALIVE MATURE DRIVING DRIVING INSTRUCTOR/FEES PAID AT&T SERVICE 49194 AT&T CONSUMER PRODUCTS DIV SERVICE 49195 AT&T SERVICE 49196 FIRST STREET PRINTING ADVERTISING-LIQUOR STORES 49197 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 49198 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 49199 MUNICIPAL TOY COMPANY INC -480 PLASTIC EGGS-EASTER EGG HUNT-SOCIAL 328.00 30.00 17124.14 115.00 45.00 170.00 104285.00 155.87 73.32 391.20 437.36 15.00 29.04 8.00 8.00 132.90 1330.86 26.50 952.50 642.00 35.00 35.00 50.00 391.20 1363.00 10929.56 252.00 26799.00 4336.00 2535.03 194.76 1233.92 2490.95 53955.89 246.50 119.00 190.46 98.60 831.75 224.00 125.00 555.00 83.00 49200 NORTHERN STATES POWER CO 49201 NORTHERN STATES POWER COMPANY 49202 U S WEST CELLULAR INC 49203 U S WEST COMMUNICATIONS 49204 NANCY ADDUCCI 49205 LAURIE BURFEIND 49206 DAVID CHINNOCK )7 CHERYL GISS EVENTS SERVICE SERVICE SERVICE SERVICE REFUND-OUTDOOR CENTER PROGRAM REFUND-SWIMMING LESSONS REFUND-CMS SKI TRIP REFUND-ADULT SKI TRIP 8120.48 23008.55 245.32 52.85 396.00 20.00 9.00 17.00 26523351 MARCH 7.1989 49208 DAVID LOWE REFUND-ADULT SKI TRIP 49209 EAGLE WINE CO WINE 210 BRIGGS COOPER & CO INC LIQUOR Al JOHNSON BROS WHOLESALE LIQUOR LIQUOR 0212 PAUSTIS & SONS CO WINE 49213 ED PHILLIPS & SONS CO LIQUOR 49214 PRIOR WINE CO WINE 49215 QUALITY WINE CO WINE 49216 THE WINE COMPANY WINE 49217 WAYNE ESTENSON EXPENSES-PARK DEPT 49218 MIDLAND EOUIPMENT CO TABLE TOP-PUBLIC WORKS BUILDING 49219 ROGER'S SERVICE -MOTOR/REPAIR STARTER/EOUIPMENT PARTS- EQUIPMENT MAINTENANCE 49220 HOPKINS POSTMASTER POSTAGE-CITY HALL 49221 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 49222 CAFE ON THE POND EXPENSES-HUMAN RESOURCES 49223 HOPKINS POSTMASTER POSTAGE-SPRING BROCHURE-COMMUNITY CENTER 49224 HOPKINS POSTMASTER POSTAGE-SENIOR NEWSLETTER 49225 GARY PETERSON EXPENSES-COUNCILMEMBER 49226 PETTY CASH EXPENSES-CITY HALL 49227 VIRGIL A SEIFERT EASEMENT-MITCHELL ROAD 49228 DOUGLAS TENPAS EXPENSES-COUNCILMEMBER 49229 PATRICIA PIDCOCK EXPENSES-COUNCILMEMBER 49230 EAGLE WINE CO WINE 49231 GRIGGS COOPER It CO INC LIQUOR 49232 JOHNSON BROS WHOLESALE LIQUOR WINE 49233 PAUSTIS & SONS WINE 49234 ED PHILLIPS & SONS CO WINE i '75 PRIOR WINE CO WINE A 36 QUALITY WINE CO WINE 49237 TOW DISTRIBUTING CORP WINE 49238 THE WINE COMPANY WINE 49239 A P C 0 DUES-POLICE DEPT 49240 A T 0 M DUES-POLICE DEPT 49241 ACE CHEMICAL PRODUCTS INC CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 49242 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL 49243 ROT SECURITY SYSTEMS MID-SOUTH IN -1989 SECURITY SYSTEM MAINTENANCE AGREEMENT-COUMMUNITY CENTER 49244 AIRLIFT DOORS INC CAR WASH DOOR REPAIR-PUBIC WORKS BLDG 49245 AIRSIGNAL INC PAGER SERVICE-POLICE DEPT 49246 AMERI-STAR LIGHTING LIGHT BULBS-COMMUNITY CENTER 49247 AMERICAN PLANNING ASSOCIATION DUES-PLANNING DEPT 49248 AMERICAN PLANNING ASSOCIATION DUES-PLANNING DEPT 49249 AMERICAN WATER WORKS ASSOC BOOK-WATER DEPT 49250 AMERICAN PUBLIC WORKS ASSN DUES-ENGINEERING DEPT/PUBLIC WORKS DEPT 49251 ANDON INC HELIUM TANK/BALLOONS-SOCIAL EVENTS 49252 EARL F ANDERSEN & ASSOC INC 2000 DECALS-$660.00/SIGNS-STREET DEPT 49253 AQUATROL CORPORATION -REPAIR HIDDEN PONDS RESERVOIR LEVEL RECORDER-WATER DEPT 49254 ARMOR SECURITY INC LOCK REPAIRS-FIRE DEPT 49255 ARTSIGN MATERIALS CO -OFFICE SUPPLIES-PLANNING DEPT/PARK PLANNING DEPT 49256 ASSN OF METROPOLITAN MUNICIPALITI EXPENSES-COUNCIL 49 .'57 B A W INC -SERVICE-TRAFFIC SIGNALS IN MAJOR CENTER AREA 7'590506 17.00 208.80 5755.51 11961.95 418.23 10861.65 2482.24 3992.30 143.75 25.95 76.00 284.25 5000.00 631.80 70.60 1950.00 64.71 225.00 62.13 2000.00 225.00 225.00 205.69 7208.00 7221.49 127.88 4898.94 625.69 2189.80 149.00 480.10 50.00 10.00 174.00 360.10 933.00 468.95 82.00 1094.36 105.00 181.00 62.25 250.00 27.70 855.60 123.50 113.00 182.89 1 0.00 1033.25 156), MARCH 7,1989 49258 BACON'S ELECTRIC CO HEATER REPAIR-WATER DEPT 49259 BARBAROSSA & SONS REFUND-WATER METER DEPOSIT , '60 BARTON ASCHMAN ASSOCIATES INC -SERVICE-HIGHWAY 5 TO COUNTY RD 4/EDEN -PRAIRIE COMPRENHENSIVE PARK & RECREATION PLAN 49261 BATTERY & TIRE WAREHOUSE INC -WINDSHIELD WASHER FLUID/VEHICLE EMBLEMS/ -BATTERIES/ANTIFREEZE/STARTING FLUID/POWER STEERING FLUID-EQUIPMENT MAINTENANCE 49262 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 49263 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-POLICE DEPT/FORESTRY DEPT/FIRE DEPT/PLANNING DEPT 49264 BMB SERVICES MICROPHONE-COMMUNITY CENTER 49265 LOIS BOETTCHER -MINUTES-PARKS RECREATION & NATURAL RESOURCES COMMISSION 49266 BOHL HELGESON DEVELOPMENT REFUND-METER DEPOSIT 49267 BOYUM EQUIPMENT INC SANDER-STREET DEPT 49268 BRADLEY ALLEN REFUND-UTILITY BILLING 49269 LEE M BRANDT HOCKEY OFFICIAL/FEES PAID 49270 BRISSMAN KENNEDY INC VACUUM CLEANER ATTACHMENTS-FACILITIES 49271 BROADWAY EQUIPMENT COMPANY CAR WASH SOAP-POLICE DEPT 49272 BUCKINGHAM DISPOSAL INC JANUARY 89 WASTE DISPOSAL 49273 NATE D BUCK -SOFTBALL/VOLLEYBALL & BROOMBALL OFFICIAL/ FEES PAID 49274 BUNKER HILL STABLE HAY RIDE/FEES PAID 49275 BUREAU OF CRIMINAL APPREHENSION SERVICE 49276 BURTON EDUIPMENT INC CABINET/STEP LADDER-WATER DEPT 49277 FRANCIE BUTORAC EXPENSES-POLICE DEPT 49278 KEROS CARTWRIGHT SERVICE-FLYING CLOUD LANDFILL ( 79 CARVER COUNTY ABSTRACT & TITLE CO FILING FEE-PLANNING DEPT ,.80 CHICAGO TITLE REFUND-OVERPAYMENT OF SPECIAL ASSESSMENT 4 9 281 CONESTOGA ROVERS & ASSOC LTD -NOVEMBER 88 LEGAL SERVICE-FLYING CLOUD LANDFILL 49282 CMI INC CARRYING CASE-POLICE DEPT 4928$ CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE 49264 DAVID A CORNELIUS BASKETBALL & BROOMBALL OFFICIAL/FEES PAID 49285 CORPORATE RISK MANAGERS INC FEBRUARY 89 INSURANCE CONSULTANT 49286 CULLIGAN SERVICE 49287 CURTIS INDUSTRIES INC -CONNECTIONS/PAINT BRUSHES/MASKING TAPE/ NUTS/DRILL BITS-WATER DEPT 49288 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 49289 DALCO -CLEANING SUPPLIES/PARTIAL PAYMENT OF -VACUUM-$583.51-COMMUNITY CENTER/VACUUM ATTACHMENT-FACILITIES 49290 DALLAS DEVELOPMENT REFUND-UTILITY BILLING 49291 DECORATIVE DESIGNS MARCH 89 SERVICE-CITY HALL 49292 OEM CON LANDFILL INC JANUARY 89 WASTE DISPOSAL-STREET MAINT 49293 DIXIE PETRO CHEM INC CHLORINE-WATER DEPT 49294 DORHOLT INC OFFICE SUPPLIES-CITY HALL 49295 DORSEY & WHITNEY LEGAL SERVICE 49296 DRISKILLS SUPER VALU -EXPENSES/CONCESSION STAND SUPPLIES- COMMUNITY CENTER 49297 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 49298 DYNA SYSTEMS ADHESIVE/ACCELORATOR-WATER DEPT P"'99 TOM EASTMAN COMPACT DISCS-COMMUNITY CENTER ECOLAB PEST ELIMINATION DIVISION FEBRUARY 89 SERVICE-FIRE STATIONS 84.00 200.00 38497.64 387.45 278.00 273.12 162.75 64.48 254.43 2075.00 35.51 249.00 150.00 108.00 841.00 583.00 300.00 150.00 331.71 7.51 5247.52 83.00 1513.83 7629.57 107.81 70.00 688.75 530.00 54.60 157.38 3488.09 654.00 1650.20 49.50 6.00 984.00 187.00 4540.00 209.95 82.98 138.58 54.95 121.50 7328181 MARCH 7,1989 420.65 120.00 214.00 16.00 12.00 56.70 4394.60 25.00 153.50 2750.00 675.06 6000.00 75.00 14.90 142.00 4.76 177.75 64.00 566.75 83.25 47.38 266.95 25.68 25213.62 676.07 163.00 69.00 410.55 275.50 12.00 306.11 1009.00 101.50 90.00 85.05 99.85 37.40 23.63 552.64 17.45 175.14 90.00 357.88 401.23 174.00 183.79 348.33 25.00 84.97 49301 EDINA HIGH SCHOOL -SHARE OF HOCKEY GATE RECEIPTS-ICE ARENA- COMMUNITY CENTER A'302 EGAN & SONS CO HEA/ER REPA1R-POOL-COMMUNITY CENTER ( 03 ELSMORE AQUATIC 30 KICKBOARDS-AOUATICS SUPERVISOR 4v304 JEFFREY ELWELL MILEAGE-COMMUNITY CENTER 49305 EMERGENCY VEHICLE SERVICE INC SWITCH-POLICE DEPT 49306 EXPRESS MESSENGER SYSTEMS INC POSTAGE-ASSESSING DEPT/PLANNING DEPT 49307 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT 49308 FELLOWSHIP OF FIRE CHAPLAINS DUES-FIRE DEPT 49309 FILTRATION SYSTEMS INC AIR FILTER MATERIAL-WATER DEPT 49310 FORKLIFT & EQUIPMENT SERVICES INC FORKLIFT-WATER DEPT 49311 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 49312 FOX MCCUE & MURPHY 1988 AUDIT SERVICE 49313 STUART FOX SOFTBALL OFFICIAL/FEES PAID 49314 MICHAEL D FRANZEN MILEAGE/EXPENSES-PLANNING DEPT 49315 LYNDELL F FREY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49316 LYNDELL F FREY EXPENSES-SOCIAL EVENTS 49317 GARDNER HARDWARE CO CLASSROOM LOCKS-COMMUNITY CENTER 49318 GENERAL OFFICE PRODUCTS COMPANY COMPUTER PAPER-CITY HALL 49319 JOSEPH GLEASON HOCKEY & BROOMBALL OFFICIAL/FEES PAID 49320 GLENWOOD INGLEWOOD WATER CUPS-FITNESS CENTER 49321 GOOD SPORTS BASES-AFTERNOON PLAYGROUND 49322 GOPHER OIL COMPANY LUBRICANTS/HYDRAULIC OIL-WATER DEPT 49323 W W GRAINGER INC FAN MOTOR-PARK MAINTENANCE 49324 GRANT MERRITT & ASSOCIATES LTD -JANUARY 89 LEGAL SERVICE-FLYING CLOUD LANDFILL 49325 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 49326 LEROY GUBA HOCKEY OFFICIAL/FEES PAID i '27 HARMON GLASS WINDOW-WATER DEPT 28 HELLER'S CARBONIC WEST INC CHEMICALS-WATER DEPT 49329 TILFORD E NELLIE JR BASKETBALL OFFICIAL/FEES PAID 49330 HENNEPIN PARKS SNOW SHOES RENTAL-SOCIAL EVENTS 49331 HENN CTY-SHERIFFS DEPT JANUARY 09 BOOKING FEE-POLICE DEPT 493:2 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 49333 HENNEPIN COUNTY PUBLIC RECORDS -FILING FEE-ENGINEERING DEPT/COPY FEE- HOUSING REHABILITATION PROGRAM 49334 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 49:35 D C HEY COMPANY INC COPIER TONER-WATER DEPT 49336 HOFF WILLIAMSON STAMP CO LETTER STENCILS-FIRE DEPT 49337 HOLMSTEN ICE RINKS INC POST-ICE ARENA-COMMUNITY CENTER 49338 DONNA HYATT EXPENSES-POLICE DEPT 49339 IBM CORPORATION MARCH 89 MAINTENANCE AGREEMENT-CITY HALL 49340 I D CHECKING GUIDE BOOK-POLICE DEPT 49341 INDEPENDENT SCHOOL DIST M272 -STYROFOAM CUPS-FIRE DEPT/BUS SERVICE- SPECIAL TRIPS/SOCIAL EVENTS 49342 INTL ASSN OF ASSESSING OFFICERS DUES-ASSESSING DEPT 49343 INTL OFFICE SYSTEMS INC -FEBRUARY 89 MAINTENANCE AGREEMENT-CITY HALL/POLICE DEPT 49344 JM OFFICE PRODUCTS INC -OFFICE SUPPLIES-CITY HALL/WATER DEPT/ FIRE DEPT 49345 MARTY JESSEN BASKETBALL OFFICIAL/FEES PAID 49346 CARL JULLIE EXPENSES-ADMINISTRATION 49347 KENNEL AIRE INC DOG CRATES-ANIMAL CONTROL 49748 MOLLY KOIVUMAKI EXPENSES-POLICE DEPT ( 9 KRAEMERS HOME CENTER -CAULK/SOAPD1SH/SHOWER CURTAIN/TAPE/PAINT/ -LIGHTS/BRACKETS-WATER DEPT/PUBLIC WORKS 4728864 61/ BUILDING/EQUIPMENT MAINT/PARK MAINT 49350 MARY KOTTKE VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49351 L LEHMAN & ASSOCIATES INC -JANUARY 89 LEGAL SERVICE-FLYING CLOUD LANDFILL (11 52 ROBERT LAMBERT -FEBRUARY 89 MILEAGE/DUES/EXPENSES-PARK & RECREATION DEPT 49353 LANG PAULY & GREGERSON LTD -JANUARY 89 LEGAL SERVICE-FLYING CLOUD LANDFILL 49354 LMCIT LIABILITY INSURANCE-CITY HALL 49355 LEEF BROS INC P1415-LIQUOR STORE 49356 JAMES LINDGREN CONFERENCE-POLICE DEPT 49357 LINHOFF COLOR PHOTO PRINTING-FORESTRY DEPT 49358 LOUISVILLE LANDFILL INC JANUARY 89 WASTE DISPOSAL-STREET MAINT 49359 TRACY j LUKE EXPENSES-POLICE DEPT 49360 MACARTHUR CO SKYLIGHT-WATER DEPT 49361 MASYS CORPORATION MARCH 89 COMPUTER MAINT-POLICE DEPT 49362 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 49363 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT 49364 METRO PRINTING INC ENVELOPES/FORME-POLICE DEPT 49365 METRO SALES INC TONER/SILICONE OIL-POLICE DEPT 49366 METROPOLITAN WASTE CONTROL COMMIS MARCH 89 SEWER SERVICE CHARGES 49367 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 49368 HERMAN MILLER INC WORK SURFACE/SHELF-PLANNING DEPT 49369 MN ASSOC OF CEMETERY OFFICIALS DUES-PARKS RECREATION & NATURAL RESOURCES 49370 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER-COMMUNITY CENTER 49371 MN CONWAY FIRE & SAFETY -FIRE EXTINQUISKR RECHARGING/0 RINGS/PULL PINS-FIRE DEPT 49372 MN DEPT OF NATURAL RESOURCES MN STATE FEE FOR SNOWMOBILE SAFETY CLASS 49373 MN SUBURBAN PUBLICATIONS ADVERTISING-COMMUNITY CENTER 49374 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 75 M-V GAS CO GAS-OUTDJOR CENTER-STARING LAKE PARK 76 MINUTEMAN PRESS PRINTING-BUILDING DEPT 49377 MODERN OFFICE STORAGE CABINET-AOUATICS SUPERVISOR 49378 GREGORY J MUELLER VOLLEYBALL OFFICIAL/FEES PAID 49379 NATIONAL CAMERA EXCHANGE -SLIDE TRAY-POLICE DEPT/CAROSEL PROJECTOR- $259.00-OUTDOOR CENTER-STARING LAKE PARK 49380 11 nnnnn SKATING INSTRUCTOR/FEES PAID 49381 1 nnnnn 11 WATERMAIN REPAIR-TRAILS TOWNHOMES 49382 1111 nnnnnn 111 1 SERVICE-FRANLO ROAD 49383 nnnn nnnnnnn V BELT-COMMUNITY CENTER 49384 11 nnn 11 1 RODS-STREET MAINTENANCE 49385 nn 111 111 -PLAQUES/MEDALLIONS-SOCIAL EVENTS/WINTER 84.00 33007.68 363.47 20662.12 44985.09 38.00 20.00 77.64 7.95 78.30 1425.00 1295.00 20.40 38.30 254.00 80.85 154033.51 335.62 167.96 25.00 38.79 56.00 95.00 620.00 55.25 234.00 64.95 184.95 175.50 268.20 2337.04 2849.20 3901.00 47.01 10.50 175.82 49386 OFFICE PRODUCTS OF MN INC 49387 PHOTO SECURITY SYSTEMS INC 49388 PIONEER MIDWEST SKI SHOP 49389 POMMER COMPANY INC 49390 PRAIRIE OFFSET PRINTING 49391 PRAIRIE ELECTRIC COMPANY INC 49392 PRAIRIE HARDWARE 17 039181 SKILL DEVELOPMENT TYPEWRITER REPAIR-ASSESSING DEPT 1000 CREDIT CARD POUCHES-COMMUNITY CENTER -SKI RENTAL & LESSONS-WINTER SKILL DEVELOPMENT/FEES PAID SOFTBALL TROPHIES-ORGANIZED ATHLETICS -PRINTING-REGISTRATION FORMS-ORGANIZED ATHLETICS -REPLACE EMERGENCY BATTERY LAMP/REPAIR EXTERIOR BLDG FIXTURES-COMMUNITY CENTER -SURGE PROTECTORS/CLEANING SUPPLIES-FIRE DEPT/FACILITIES 88.00 184.50 535.00 55.00 600.00 730.10 655- MARCH 7,1989 49395 PRAIRIE HARDWARE MOP HEAD-LIQUOR STORE 49394 PRAIRIE HARDWARE CLASPS/KEY RINGS-FACILITIES ,9 395 PRAIRIE LAWN & GARDEN -3 GENERATORS-$1826.25-FIRE DEPT/MUFFLER CLAMP-EQUIPMENT MAINTENANCE 4/596 PSO BUSINESS COMMUNICATIONS INC SERVICE 49397 PUGLEASA COMPANY INC STEPLADDER-PUBLIC SAFETY BUILDING 49398 R & R SPECIALTIES INC -ZAMBONI REPAIR/IMPELLAR/GASKET COVER/OIL -FILTERS/WASHERS/LOCK NUTS/KNOBS-ICE ARENA- COMMUNITY CENTER 49399 R C IDENTIFICATIONS INC POUCHES-POLICE DEPT 49400 RECYCLE MINNESOTA RESOURCES RECYCLE MINNNESOTA BOXES-SOLID WASTE MGMT 49401 AAGE REFFSGAARD PLUMBING LICENSE-BUILDING DEPT 49402 SCOTT REIN SOFTBALL OFFICIAL/FEES PAID 49403 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE 49404 RIDGE DOOR SALES & SERVICE INC DOOR REPAIR-FIRE STATION 49405 JOHN ROCHFORD REPLACE GLASSES-FIRE DEPT 49406 PHILIP ROSE BASKETBALL OFFICIAL/FEES PAID 49407 VOID OUT CHECK 49408 ROYAL COIN EXPENSES-SOCIAL EVENTS 49409 RYDER STUDENT TRANSPORTATION SERV BUS SERVICE-WELSH VILLAGE S K I T R I P 49410 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-SEWER DEPT/WATER DEPT/ COMMUNITY CENTER/LIQUOR STORE 49411 SALLY DISTRIBUTORS INC TOY/PUZZLES-SOCIAL EVENTS 49412 JOHN SAMS MILEAGE-MUNICI-PALS CONFERENCE 49413 SANCO INC ICE MELTER/GARBAGE BAGS-FACILITIES 49414 SAYLORS SOFTWARE FIRST OFFICE SUPPLIES-PLANNING DEPT 49415 HARVEY SCHMIDT INSTALL SHOWER CURBING-FIRE DEPT 49416 KEVIN SCHMIEG JANUARY 89 MILEAGE-BUILDING DEPT " 17 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT 18 SHADY OAK PRINTING PRINTING-ENGINEERING DEPT 49419 STEVEN R SINELL -FEBRUARY 89 MILEAGE/EXPENSES-ASSESSING DEPT 49420 EARL P SKAY LETTERING-PLANNING DEPT 49421 LEE MICHAEL SMITH BOOTHOCKEY OFFICIAL/FEES PAID 49422 SNAP ON TOOLS CORP -SOCKET/RATCHET WRENCH/TEST LITE-EQUIPMENT MAINTENANCE 49423 SNYDER DRUG STORES INC EXPENSES-POLICE DEPT 49424 SNYDER DRUG STORES INC EXPENSES-COMMUNITY CENTER 49425 SOUTHWEST FIRE LEAGUE DUES-FIRE DEPT 49426 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS- COMMUNITY CENTER 49427 STATE TREASURER LICENSE FEE-WATER DEPT 49428 STATE TREASURER LICENSE-SEWER DEPT 49429 STREICHERS PROFESSIONAL POLICE EQ -HELMETS/HELMET BAGS/HOLS T E R S / A M M U N I T I O N / -FLASHLIGHT REPAIR/GUN MOUNT-$185.50- POLICE DEPT 49450 SULLIVANS SERVICES INC WASTE DISPOSAL-PARK MAINTENANCE 49431 NATALIE SWAGGERT FEBRUARY 89 EXPENSES-HUMAN RESOURCES 49452 TELEDYNE TOTAL POWER -DISTRIBUTORS/DISTRIBUTOR REPAIR-EQUIPMENT MAINTENANCE 49455 THOMPSON PLUMBING CO REFUND-PLUMBING PERMIT 49454 RANDY THOMPSON MILEAGE-POLICE DEPT 49455 THORBECK & LAMBERT ARCHITECTS LTD -JANUARY 89 MODIFICATION S T U D Y F O R P O L I C E BUILDING 6 TRANSPORTATION ELECTRONICS INC ON-GLASS ANTENNA-POLICE DEPT 4.49 5.24 1828.79 270.00 396.00 320.65 40.25 31.80 45.00 90.00 106.05 42.00 286.95 116.00 D.00 33.46 272.50 181.92 53.10 14.30 53.27 63.00 105.00 200.00 58.96 40.70 217.00 35.70 145.00 51.10 10.74 25.40 25.00 2516.35 20.00 15.00 589.69 95.73 200.00 349.66 124.00 14.50 1143.20 65.00 1030250 MARCH 7,1989 -OXYGEN-EQUIPMENT MAINTENANCE/WELDING MATERIAL-PARK MAINTENANCE UNIFORMS-FIRE DEPT UNIFORMS-POLICE DEPT CONFERENCE-ENGINEERING DEPT WASHERS/NUTS/BOLTS-PARK MAINTENANCE BASKETBALL OFFICIAL/FEES PAID BADGES-ICE ARENA-COMMUNITY CENTER GAS CYLINDERS-COMMUNITY CENTER -BEARINGS/TIRE/SPACER/CHEMICAL FEEDER GEAR DRIVE-$2046.60-WATER DEPT -MARCH 89 WIRE MAINTENANCE-PUBLIC WORKS -BLDG/FEBRUARY 89 WIRE MAINTENANCE- COMMUNITY CENTER PRINTING-WINTER BROCHURE-COMMUNITY CENTER LIGHT BULBS-FACILITIES FEBRUARY 89 EXPENSES-POLICE DEPT SERVICE-COMMUNITY CENTER REPAIR HANDLE-POOL-COMMUNITY CENTER -WELDING RODS/WELDING JACKET-EQUIPMENT MAINTENANCE PRINTING FORMS-POLICE DEPT VOLLEYBALL OFFICIAL/FEES PAID COMPUTER SOFTWARE-FIRE DEPT CLEANING SUPPLIES-STREET MAINTENANCE VOLLEYBALL OFFICIAL/FEES PAID FIRST AID SUPPLIES-COMMUNITY CENTER BASKETBALL OFFICIAL/FEES PAID CUTTING EDGES-EQUIPMENT MAINTENANCE 40.73 130.00 961.65 125.00 33.49 261.00 184.35 210.33 2371.96 12.25 4680.78 55.24 200.00 53123.00 14.69 252.90 145.00 20.00 60.00 89.00 148.50 86.90 60.50 2809.60 50.00- 76.00- 330.83- 1007.50- 1500.00 $808515.87 49437 TWIN CITY OXYGEN CO 38 UNIFORMS UNLIMITED •,439 UNIFORMS UNLIMITED 49440 UNIVERSITY OF MINNESOTA 49441 UNLIMITED SUPPLIES INC 49442 JEREMY UNELL 49443 US FIGURE SKATING ASSOCIATION 49444 VALLEY INDUSTRIAL PROPANE INC 49445 VESSCO INC 49446 VICOM INC 49447 VIKING PRESS INC 49448 VOSS ELECTRIC CO 49449 KEITH WALL 49450 WATSON FORSBERG CO 49451 WESTBURNE SUPPLY INC 49452 WEST WELD 49453 WILSON TANNER GRAPHICS 49454 PHILIP A WINN JR 49455 WORDPERFECT 49456 ZACK'S INC 49457 JAMES A ZALESKI 49458 ZEE MEDICAL SERVICE 49 z59 FRED ZIEBOL ,0 ZIEGLER INC 46827 VOID OUT CHECK 49064 VOID OUT CHECK 49109 VOID OUT CHECK 49134 VOID OUT CHECK 49461 WEST SUBURBAN MEDIATION CENTER SERVICE 6611254 56 () DISTRIBUTION BY FUNDS 333704.32 4074.90 40942.97 32824.31 35077.03 60448.61 104285.00 44.60 2000.00 4540.00 1469.23 1033.25 33348.87 154251.36 561.46 10.00 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 22 STATE AID CONST 31 PARK ACOUIST !, DEVELOP $9 86 FIRE STATION CONST 44 UTILITY DEBT FUND 51 IMPROVEMENT CONST FD 52 IMPROVEMENT DEBT FUND 55 IMPROVEMENT DEBT FUND ARB 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND $808515.87 661 ROBERT I LANG ROGER A. PAULY DAVID H. GREGERSON. RICHARD F. ROSOW MARK) JOHNSON JOSEPH A NILAN JOHN 511 LANG, CPA LEA NI De SOUZA JEFFREY C APPELQUIS14 JUDITH K DUTCHER BARBARA M. ROSS ,WM001* P0mlolmorWmcww4 LANG.PAULY&GREGERSON,U111 ATTORNEYS AT LAW 370 SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE (612) 829-7355 February 28, 1989 MAR ! 1989 MINNEAPOLIS OFFICE 4400 IDS (ENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 (612111841755 FAX (61211404018 REPLY TO EDEN PRAIRIE, OFFICE Mr. Carl Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Amendment City Code Chapter 2, Section 2.10 Relating to Boards and Commissions Dear Carl: Enclosed is a draft of an ordinance amending Section 2.10 of the City Code so that all Board and Commission members will be limited to not more than two full consecutive terms. Previously as you know, members could be appointed for more than two full consecutive terms by unanimous vote of the council. (/ Rog* A4-Pau RAP: CS Enc. ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 2.10 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.10 shall be amended to read as follows: SEC. 2.10. BOARDS AND COMMISSIONS GENERALLY. All Boards and Commissions shall be advisory (except Board of Appeals and Adjustments and Board cf Building Appeals) and appointments of members shall be made and confirmed by the Council. The terms of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be reestablished and changed so as to give effect to this Section. No Board or Commission member shall be appointed to more than two full consecutive terms. (except by unanimoue vote f the Counoil) New appointees shall assume office on March 1, the last day of February being the date of expiration of terms. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. In the event that the Chairman and Vice-Chairman are absent, Board and Commission members may elect an acting Chairman for that meeting. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The Chairman, Vice-Chairman and Secretary shall be chosen from and by the Board or Commission membership annually to serve for one year. Any Board or Commission member may be removed by the Council for just cause by a two-thirds vote of the Council and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council. All members shall be residents of the City, except for Development Commission and Flying Cloud Airport Advisory Commission. The City Manager or his designee shall be an ex officio member of each Board and Commission. No member of the Council shall serve on a Board or Commission. Except as otherwise provided, this Section shall apply to all Boards and Commissions. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation", except Sec. 1.09 thereof is hereby 566 adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said city on the day of , 1989. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 1989. day of 66)1