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Home My WebLink AboutCity Council - 12/06/1983;2_, <eyes' 77,4,4.- 1/ L:40, EDEN PRAIRIE ti,r4 ,,Je,CITY COUNCIL AGENDA KTY COUNCIL STAFq 6 TUESDAY, DECEMBER 6, 1983 tOLIL MEMBERS7.1 mo•-•(-0.5 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tan yen City 'tanager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris [flyer; Director Al0,4. -7 of Community Services Robert Lambert; cusONDirector of Public Works Eugene A. Dietz, --? and Recording Secretary Karen Michael POCAlION: Mayor Wolfgang H. Penzeil LEDGE OF AL1EGIANCE1 ROLL CALil I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES Minutes of the City Council Meeting held Tuesday, November 1, 1983 TCohtinued from 11/15/6) Minutes of the Special City Council Meetihg held Tuesday; November 29, 1983 -- III. 'CONSENT CALENDA 'A. Clerk's Licehse List B. Parks, Recreation & Natural Resources Commission request rearding -Cr:bss- Country Ski License *C. Final Plat approval for Idlewild Office Center (Resolution No. 83-290) D. Change Order No. 2, Lorence Addition, I.C, 52-032 . Final Plat approval for Timber Creek Woods (Resolution No. 83-292) F. Confirmation of appointment of member to the Restoration Committee 7.. Appointment of Auditor's for 1983 Calendar Year 'equest from_Si. S_Land CorT]panyiShermar Sorem) for an_ex .tension .zo_the_time for final_apEroval of Municipal Industrial Devel .qpment Bonds . PUBLIC HEARINGS A. HIDDEN RIDGE by_Ron Krueger and Dick Ma .rkenzie,. Request for Zoning District Change from Rural to R1-13.5 and Preliminary Plat of 10.3 acres for 11 lots. Location: East of County Road 4 at Duck Lake Trail. (Ordinance No. 55-83 - Rezoning; Resolution No. 83-283 - Preliminary Plat) Continued from 11/15/83 46,6 /7 r yl'f6 12 /-5 /1 J 'f3j - A. Page 2470 Page 2480 Page 2483 Page 2484 Page 2485 Page 2487 Page 2488 Page 2491 Page 2492 Page 2493 Page 2443 1 City Council Agenda - 2 - Tues.,December 6, 1983 Page 2452 Page 2496 Page 2497 Page 2498 Page 2505 Page 2506 Page 2509 Page 2511 B. REQUEST FROM JOHN LIEPKE FOR COUNCIL REVIEW OF BOARD OF APPEALS & ADJUSTMENTS DECISION ON VARIANCE NO. 83-33 (Continued from 11/15/83) C. PUBLIC HEARING FOR BAYPOINT MANOR TO CONFORM TO THE REQUIREMENTS OF T.E.F.R.A. D. RIDGEWOOD EASEMENT VACATION (Resolution No. 83-293) E. NORSEMAN 3RD/5TH EASEMENT VACATION (Resolution No. 83-294) V. PAYMENT OF CLAIMS NOS. 10746 - 11053 VI. REPORTS OF ADVISORY COMMISSIONS A. South Hennepin Human Services Council - Mary Hayden and Rosemary Dysinger (Continued from November 15, 19ET--- VII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 56-83, regarding Liquor License Fees VIII. APPOINTMENTS 4. Appointment of member to the Human Rights & Services Commission to fill an unexpired term to 2/28/84 _1X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members S. Report of City Attorney 10 C. Report of City Manager D. Report of Director of Community Services 1. North Stars Agreement X. NEW BUSINESS XI. ADJOURNMENT. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 1, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, Assistant City Attor- ney Richard Rosow, Finance Director John D. Franc, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Community Center Manager Charles J. Pappas, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Wolfgang H. Penzel was absent; Councilman Redpath presided. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. A. Anderson - Landfill/ Recycling and X. A. Letter from Bruce Bermel. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II. MINUTES A. Continued Council Meeting held Thursday, October 6, 1983 MOTION: Anderson moved, seconded by Tangen, to approve the Minutes of the Continued Council Meeting held Thursday, October 6, 1983, as published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, October 18, 1983 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Regular City Council Meeting held Tuesday, October 18, 1983, as published. Motion carried unanimously. C. Special City Council Meeting held Tuesday, October 25, 1983 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Tuesday, October 25, 1983, as published. Motion carried with Tangen abstaining. City Council Minutes -2- , November 1, 1982 D. Special City Council Meeting held Wednesday, October 26, 1983 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the Special City Council Meeting held Wednesday, October 26, 1983, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Signal Agreement with Hennepin Countt (Resolution No. 83-274) C. 2nd Readipg of Ordinance No. 32-83, Zoning from Rural to R1-13.5 for PTIFPtory Ridge (formerly Rembrandt Ridge) by Neil A. Lewis and Associ- ates, and Adoption of Resolution No. 83-268, Approving Development Plan. 19 single family residential lots east of 168th Avenue West and south of Chatham Woods. D. Final Plat approval for Purgatory Ridge (formerly Rembrandt Ridge) - east of 168th Avenue West, south of Chatham Woods (Resolution No. 83-276) E. Final Plat approval for Menard's 4th Addition (Resolution No. 83-277) F. Beckman R.L.S. G. Request for Public Hearing for the removal of Diseased Trees on Privat2 Property and set date of Public Hearing for December 6, 1983 H. Parks, Recreation & Natural Resources Commission request regarding Riley Lake Park Usage Report I. Review and approve Timber Creek Park Concept Plan J. Approve Phase I Bids for Cummins/Grill Homestead K. 2nd Reading of Ordinance No. 51-83, Zoning from Rural to RM-6.5 for Bluff Ridge by Mark Charles, Approval of DeveToper'T7 -Fe-iFliTE—f-15F—Uluff Ridge, and Adoption of Resolution No. 83-264,_Approving Summary of Ordinance No. 51-83, and Ordering the Publication of Said Summary of Bluff Ridge. 86 units on 16.2 acres at County Road 1 and Franlo. L. 2nd Reading of Ordinance No. 50 -83, Zoningfrpm_Bural to Regional Commercial Service for Castlemoor Office Park by Tudor Oaks/ABIO Holdings, Approval of Developer's Agreement for Castlemoor Office Park, and Adoption of Resolution No. 83-265, Approving Summary of Ordinance No. 50-83, and Ordering the Publi- cation of Said Summary of Castlemoor Office Park, 3.5 acres for office and bank at Highway 169 and Castlemoor Drive. M. 2nd Reading of Ordinance No. 52-83 Zoning from Rural to R1-13.5 for Paulsen's Addition by Dirlam Development and Adoption of Resolution No. 83-266, qprovino Development Plan. 43 single family lots on 21.6 acres at Valley Road and Ticonderoga fr7Y1i. N11 City Council Minutes -3- November 1, 1983 N. 2nd Reading_of Ordinance No. 48-83, Zoning from Rural to R1-13.5 for Maple Hill Addition by Charis Partnership and Adoption of Resolution No. 83-267, Approving Development Plan. 11 lots at 18811 Duck Lake Trail. O. 2nd Reading of Ordinance No. 53-83, Zoninglalendment for 1st National Bank Orldina and Adoption of Resolution No. 83-269, Approving Development Plan. Drive-through banking facility at Prairie Center Drive and Franlo Road. P. Final Plat approval for Apple Groves (Resolution No. 83-278) Q. Final Plat approval for Apple Groves 2nd Addition (Resolution No. 83-279) MOTION: Anderson moved, seconded by Tangen, to adopt items A - Q on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. SPECIAL ASSESSMENT HEARING, I.C. 51-335 (Resolution No. 83-291) City Manager Jullie noted the purpose of this Hearing was to amend the Special Assessment amount for street benefits against the Portnoy property on Valley View Road. Assistant City Attorney Rosow called attention to Resolution No. 83-291 which amended the Special Assessment amount to $10,000.00. This reassess- ment is pursuant to Chapter 429 where if a particular assessment is found to be excessive, and that is the finding under this Resolution, a reassess- ment can be ordered. The agreement signed by the property owner waives the right to further appeal. There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-291, approving reassessment on Parcel 12-116-22-14-0019 (formerly 12-116-22-14- 0002). Motion carried unanimously, B. FEASIBILITY REPORT, SHADY OAK ROAD IMPROVEMENTS, I.C. 51-335 'City Manager Jullie stated notice of this Public Hearing had been published and property owners listed on the Preliminary Assessment Rolls had been noti- fied. Director of Public Works Dietz addressed the report which had been submitted to the Council in August. He outlined the area included which was Shady Oak Road between TH 169/212 and the Crosstown Highway (CSAH 62). This feasibility report resulted because of the development in that area and the City's view of the need for such improvements. He explained the assessments as proposed were based on trip generations rather than the standard front foot assessment which has been used in the past. Dietz reviewed how this would be accomplished and the methodology used to determine the number of trips generated. City Council Minutes -4- November 1, 1983 Questions were raised by members of the Council regarding this method of assessing improvements. Dietz said it can be argued that this is another way to determine cost/benefit. There was discussion as to when the project would be done. Dietz said he would recommend, if this is adopted tonight, that a date of May 1985 be added otherwise this project would have to be awarded one year from the time it was adopted. This would mean that the assessments would be on the 1987 tax rolls (assessed in 1986 for payment in 1987). Redpath asked when the Crosstown Highway is proposed for expan- sion west of Shady Oak Road. Dietz indicated grading will begin in 1985. Bentley said it was his recollection that Dick Anderson/City West had agreed to pay the entire cost of the project. He said his approval of the City West development was based upon his understanding that Anderson/City West had agreed to this. Jullie said it was his understanding that Anderson was willing to pay his fair share of the cost, that a 100% petition had not been agreed to for this. Jullie said the City could wait until the warrants indicate the road needs upgrading and then let the County proceed with the improvements. Bentley asked if, with the proposed assessments, the City is locking Honey- well into a certain type of development because of the level of assessments. Dietz said the Guide Plan anticipated a certain kind of use in this area. As a result, a system was looked at to determine where things should go; Dietz indicated perhaps the City should wait until the proposed development occurs before proceeding with the improvements. He noted that the projected traffic counts for this area suggest a four-lane road will be inadequate. Redpath said he looks upon the assessments which are proposed as not being unlike assessing Char-Lynn, MTS, Water Products, etc. for improvements to TH 5. Dietz said he had thought the mode of the Council seemed to be to look for some innovative way to equitable finance a project such as this. Ed Sieber, owner of property fronting on Shady Oak Road, asked if the property owners in the Opus 2 development were assessed for the improvements made to Shady Oak Road north of the Crosstown. Dietz said he did not think they were assessed for the road improvements. Sieber said he was under the impression that the improvements to Shady Oak Road would not occur until after City West was 50% complete. He asked if May 1985 was prior to the projected time of 50;; completion. Dietz said it may be. Sieber said he felt these improvements and the assessments for them would place burdens on the adjacent property owners which were not imposed on the property owners to the north in Minnetonka. Ken Beiersdorf, realtor representing the Uherkas, had a question regarding the Amoco site and what the impact would be on future residential develop- ment if there were a loop road for southbound traffic to get onto the Cross- town. Dietz said there could be an impact as a result of the loop road. He reviewed the alternatives and the impact of each on the surrounding properties Charlie James, James Refrigeration, asked if there would be any right-of-way acquisition costs; he did not see them included in the feasibility report. Dietz said since all of the property is undeveloped the right-of-way will be dedicated as the property is developed. He said the City hopes to obtain the necessary property through dedication; if not, these would be assessable costs of the project. City Council Minutes -5- November 1, 1983 James asked if this project had been looked at using conventional methods of assessment. Dietz showed on a map how the cost/benefit would work on the Sieber property if the front foot assessment were to be used -- the property is very shallow but fronts Shady Oak Road for hundreds of feet. Scott Anderson, ADI representative, said the road construction enhances the value of these properties. He said he would like action on the feasibility report continued for 90 - 120 days so that more City West development projects might "jell." Bentley said at the time this feasibility report was requested, he thought it was a 100% feasibility study and he did not think any portion of the project was to be assessed against property owners other than AD!. He said he felt the project was premature in terms of need and the projections were based on sketchy data. He said he would question the legal validity in the method of assessing the project. Bentley said he is tired of the City of Eden Prairie having to build State, Federal, and County roads; it is time for the City to let these agencies act on their own projects. Bentley asked the Council to table this matter until more questions are answered -- to refer this back to Staff so additional information can be obtained. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to table action to a date uncertain. Sieber said he had been given approval by the City to build a 20-unit apartment building. As a part of the Developer's Agreement he dedicated 30' along a 250' strip on the southern part of his property to the City for roadway. He had also been required to dedicate a 30' strip along the 1,000' frontage of his eastern boundary to the County. The 30' strip amounted to .7 acres for which he received credit for .35 acres according to the Feasibility report. Sieber said he did not feel an assessment for the road improvements were justified when he had already given so much. He also indicated that the feasbility report showed more peak hour trips than he felt were justified. He noted his displeasure with getting a "triple shot" as to the proposed assessments for this project, VOTE ON THE MOTION: Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 10301 - 10521 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 10301 - 10521. Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. LEE DATA ACCESS by Opus Corporation. Request for Registered Land Survey for 0.4 acre for alternate access for Lee Data site. Location: west of 70th Street at Highway 169. (Resolution No. 83-253 - approving R.L.S.) - continued from October 18, 1983. :20q City Council Minutes -6- November 1, 1983 City Manager Jullie reviewed the options available to the City and indicated the Planning Commission had recommended approval of this request. Michelle Foster, Assistant Director of Planning and Governmental Affairs for Opus Corporation, spoke to the request. She said the Planning Commis- sion had placed two conditions on the R.L.S.: 1) easements are required to the City indicating control of the property (both parcels in the R.L.S. are now under one ownership so this condition no longer is a problem), and 2) dedication of the right-of-way. Foster said Opus is concerned about having to dedicate the right-of-way to the City at this time, they would prefer that the City purchase the property from Opus at the time the improvement is made and then have the cost assessed back to the property. Redpath said the City Council had expressed a strong indication that this property be dedicated for right-of-way at the time the Lee Data proposal was approved. Foster said they were required to purchase the property and had only intended this to be an easement agreement; they had not anticipated the cost involved. Bentley asked Foster if Opus would provide a letter of credit, a bond, or some proof if the City would allow the parcel to remain in private ownership until the City could buy the land at a later date. Foster said she was not able to give an answer to that this evening, but that would be something which Opus would consider as an option. She said Opus needs to have this Resolution adopted so they can have the R.L.S. to clear title problems. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 83-253 regarding the vacation of land or an agreement to be worked out with Staff to have the right-of-way remain in private ownership. Such an agreement might have the City purchase the land at the time the road is deemed necessary and then have that portion assessed back to the property. Staff is also directed to work out the necessary financial guarantees regarding the dedication of land. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS City Manager Jullie introduced William Fahey, Ehlers & Associates, who reviewed why the City should proceed now with refunding the T.I.F. Bonds and explained the rationale for conducting a bond sale in the near future for general obliga- tion.water and sewer bonds, special assessment improvement bonds and equipment certificates. A. Setting Sale of $19,800,000.000 T.I.F. Refunding Bonds (Resolution No. 83-270) i MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-270, setting Tuesday, November 29, 1983, at 7:30 p.m. as the time and date for the sale of $19,800,000.00 T.I.F. Refunding Bonds. Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye." Motion carried unanimously. City Council Minutes -7- November 1, 1983 B. Setting Sale of $300,000.00 Equipment Certificates (Resolution No. 83-271) C. Setting Sale of $400,000.00 General Obligation Water & Sewer Bonds Teiblution No. 83-2rn- 0. Setting Sale of $2,200,000.00 Special Assessment Improvement Bonds TResolution No. 83-271) MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-271, setting Tuesday, November 29, 1983, at 7:30 p.m. as the time and date for the sale of $300,000.00 Equipment Certificates, $400,000.00 General Obligation Water and Sewer Bonds, and $2,200,000.00 Special Assessment Improvement Bonds. Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye." Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to set Tuesday, November 29, 1983, at 7:30 p.m. in the City Council Chambers, 8950 Eden Prairie Road, as the date, time and location of a Special Meeting of the City Council. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Anderson - Landfill/Recycling - stated that 2/3 of the materials dumped into the landfill are recycleable. He said he would like the City of Eden Prairie to look into this; he felt the Council had an obligation to do so. City Manager Jullie said he had met recently with a representative of Henne- pin County. He noted that the state of the art is such that people have to pay more to have their garbage recycled, Staff was requested to get further information on this issue. B. Report of City Manager City Manager Jullie asked that the Council meet prior to its November 15, 1983, meeting to look at the facilities at the Community Center. He noted that added office space in City Hall is badly needed and with additional staff authorized it will be necessary to turn the Council Chambers into office space. When this is accomplished depends on when the Council determines where it wishes to meet. The consensus of the Council was to begin holding meetings of the City Council at the School Administration Building, Board Room, with the first meeting in January, 1984. The consensus was the Community Center meeting rooms are not large enough, there would be problems with parking on evenings when there are hockey games, and there could be a noise problem from time to time. Jullie said Staff would be advised to begin using the new location in legal notices and notices sent to the public; that is the main reason for the length of time necessary before a move can be accomplished. City Council Minutes -8- November 1, 1983 C. Report of City Attorney Assistant City Attorney Rosow said litigation was settled this week with Brown and Cris -- this was in regards to Neill Woods. D. Report of Director of Community Services 1. Award Summer Hockey School Contract Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its meeting on October 17, 1983, and again at its meeting on October 31, 1983. At its meeting last evening it reviewed the proposals presented by Minnesota Hockey Schools and a partnership involving Dick Emahiser, Bob O'Connor, Dick Vraa, and John Erickson. Lambert also addressed his memorandum to the Mayor and City Council dated October 26, 1983. Lambert noted the Parks, Recreation & Natural Resources Commission had recommended the City enter into an agreement with the partnership and requested a performance bond. Lambert indicated to the Council the City had never required a performance bond in the past for ice time at the Community Center; he recommended a 5% deposit on the total amount of the contract because that was the percentage required as a deposit for the Minnesota Hockey Schools for their first year of operation. Lambert also indicated both schools were requesting a 10-year least period while it is recommended the lease be for only one year. Dick Emahiser, spokesman for the partnership, addressed their proposal and was available to answer questions. He said their partnership is willing to pay a 5r/: deposit. A. Keith Hanzel, attorney for Minnesota Hockey Schools, gave a history of their organization. He reviewed the past few weeks events for the Council, noting that the people formino the partnership were coaches for Minnesota Hockey Schools previously. He also reviewed Lou Nanne's involvement with Minnesota Hockey Schools. Hanzel addressed the differences in the contract Minnesota Hockey Schools is willing to sign and that which the City's Parks, Recreation & Natural Resourses Commission has recommended. He stated Minnesota Hockey Schools is willing to match any offered.. Lam- bert asked if Hanzel could tell the Council who the coaches are who will conduct the school in Eden Prairie. Hanzel read a list of coaches who were affiliated with Minnesota Hockey Schools during 1983. Hanzel said he felt this process had been "unethically handled." Redpath said the Council had continued this item two weeks ago - to a date uncertain - to get further input from the Staff. He said he is willing to go along with the recomhendations of Staff at this time. Tangen said he would like to hear more from City Staff and from the Attorney. City Council Minutes -9- November 1, 1983 Assistant City Attorney Rosow said the issue of a potential injunction which was raised by Mr. Hanzel seems to have no basis relative to the actions of the City, •but rather with others who had been previously in- volved. Tangen asked if the City was in jeopardy because the partnership has not yet been formed by the Emahiser group. Rosow said it was important to know the individuals involved, but the fact that the partnership had not yet been legally formed was not a consideration of importance to the City. Lambert said he resented the implications Hanzel had made regarding his Staff. Lambert said he had always dealt with O'Connor and Emahiser (when they were affiliated with Minnesota Hockey Schools) and did not pay much attention to with whom they were affiliated. He said he had not met Mr. Hanzel or Mr. Grillo, President of Minnesota Hockey Schools, until a couple of weeks ago. Bentley said he was not of a mind to get into contract disagreements between the two parties. Anderson said he is familiar with the parties involved in the partner- ship; Emahiser is a member of the community. MOTION: Anderson moved, seconded by Bentley, to authorize Staff to enter into an agreement with the partnership or corporation that has submitted the proposal requesting 269.25 hours of ice time for the operation of a Summer Hockey School in 1984 with the provision that a 5% deposit on the total amount of the contract be a part of the agreement. Motion carried unanimously. X. NEW BUSINESS A. Letter from Bruce Bermel Redpath called attention to the letter of October 31, 1983, from Bruce Bermel requesting an extension of interim land use as office space for Bermel-Smaby Realty Building at 8100 Eden Road.* Bentley indicated he is not in favor of extending the length of time permitted for interim use agreements. The consensus of the Council was to receive the letter, but take not further action. XI. ADJOURNMENT MOTION: Tangen moved, seconded by Anderson, to adjourn the meeting at 10:09 p.m. Motion carried unanimously. * Original letter attached to Clerk's copy of Minutes. Y/19 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, NOVEMBER 29, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie and Finance Director John D. Frane I. ROLL CALL Councilman Richard Anderson was not present. William Fahey, Ehlers and Associates, was present also. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items for discussion were added to the Agenda under IV. New Business: A. Valuation of Homes in the School Addition, B. Payment Schedule for Liquor License Fees, C. Hunting Committee Membership, D. Special Meeting on December 13, 1983, at 7:30 p.m. MOTION: Redpath moved, seconded by Tangen, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. III. ORDINANCES & RESOLUTIONS A. FINAL PLAT APPROVAL FOR BRYANT LAKE BUSINESS CENTER (Resolution No. 83-287) MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-287, granting final plat approval for Bryant Lake Business Center. Motion carried unanimously. B. AWARD SALE OF TAX INCREMENT FINANCING REFUNDING BONDS (Resolution No. 83-288) Mr. Fahey updated the Council on recent movements in the securities markets. He reviewed the two bids received and presented a summary to the Council. Approximately $2,000,000 in debt service costs will be saved by this refunding issue. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-288, approving the sale of $19,800,000.00 T.I,F. Refunding Bonds to Norwest Securities. Motion carried unanimously. ,261(0 City Council Minutes -2- November 29, 1983 C. AWARD SALE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $400,000.00 FOR WATER AND SEWER BONDS, $300,000.00 FOR EQUIPMENT CERTIFICATES, AND $2,200,000.00 FOR IMPROVEMENT BONDS (Resolution No. 83-289) Mr. Fahey presented a review of the bids received. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-289, awarding the sale of bonds to Norwest Securities. IV. NEW BUSINESS A. VALUATION OF HOMES IN THE SCHOOL ADDITION Mayor Penzel reported concerns expressed to him by residents in the School Addition regarding their perceived potential negative impact on their property values because of the pending decision on the TH 212 highway alignment. He suggested that the Council consider ordering appraisals of each property in the neighborhood in order to establish a record of value for reference at any future time when and if acquisition proceeds. Discussion followed and Jullie outlined the general process of property acquisition which the acquiring agencies must follow. This includes the comparison of values with similar properties in other neighborhoods of the City which are not under the impact of a highway corridor. This process has resulted in equitable settlements for other property owners in the City whose property has been acquired for public purposes. MOTION: Tangen moved, seconded by Redpath, to direct Staff to prepare a summary of the acquisition process to be followed and to report back to the Council after which residents in the School Addition can be so advised. Motion carried unanimously. B. PAYMENT SCHEDULE FOR LIQUOR LICENSE FEES Jullie reported that the City Attorney's office had contacted several neighboring communities to determine their policies on payment of annual liquor license fees. The results are that cities of Minnetonka, St. Louis Park, Shakopee and Bloomington allow split payment. However, Excelsior and Hopkins do not. Shakopee is planning to change back to requiring full payment because of problems with a bankruptcy. Council members agreed to discuss this matter at their next meeting. MOTION: Redpath moved, seconded by Tangen, to direct Staff to prepare a draft ordinance which would permit liquor license fees to be paid in two installments and to bring the ordinance and Staff recommendations for consideration on the December 6, 1983, Agenda. Motion carried unani- mously. City Council Minutes -3- November 29, 1983 C. HUNTING COMMITTEE MEMBERSHIP Councilman Redpath reported that subsequent to the recent newspaper article he had received several telephone calls regarding the future of hunting within the City and expressing concern that the City Council was about to discontinue all hunting within the City. MOTION: Bentley moved, seconded by Redpath, to appoint Calvin Anderson and Ralph Nesbitt as additional members to the City's Hunting Committee. Motion carried unanimously. D. SET SPECIAL MEETING ON DECEMBER 13, 1983, AT 7:30 P.M. MOTION: Redpath moved, seconded by Bentley, to set a Special Joint Meeting on Tuesday, December 13, 1983, at 7:30 p.m. in the Council Chambers at 8950 Eden Prairie Road with the Planning Commission, the Parks, Recreation & Natural Resources Commission and the Watershed District for the purpose of reviewing the progress of the Major Center Area/Purgatory Creek Flood Plain Study. Motion carried unani- mously. V. ADJOURNMENT The meeting was adjourned at 9:00 p.m. . CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST December 6, 1983 CONTRACTOR (1 & 2 FAMILY) American Dream Homes, Inc. Covenant Construction Howard Forbrook Nicholson Construction Niwinski Construction, Inc. PLUMBING Jim Murr Plumbing Northern Plumbing & Heating Progress Plumbing Co. HEATING & VENTILATING Albers Sheet Metal Hoov-Aire, Inc. Rassett Mechanical Contractor Wayzata Plumbing & Heating Co. These licenses have been approved by the department heads responsible for the li nsed activity. Pat Solie, Licensing )(63 MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services V DATE: November 30, 1983 SUBJECT: Cross Country Ski License In 1983, the legislature authorized the Department of N a t u r a l R e s o u r c e s t o s e l l cross country ski licences to be worn by skiers using D N R g r a n t t r a i l s o r t r a i l s in State, County or City parks. Licenses would be so l d i n p a r k s b y C o u n t y A u d i t o r s and other authorized agencies including ski shops. The annual license would be $5 per single, $7 per fam i l y o r $ 1 f o r a d a i l y l i c e n s e . Failing to have a license, on any approved ski trail t h a t i s m a r k e d a n d g r o o m e d , would be a petty misdemeanor. The only areas that ar e e x c e p t e d a r e p r i v a t e p r o p e r t y and Federal lands. The City of Eden Prairie has developed cross country s k i t r a i l s a t E d e n v a l e G o l f Course and at Staring Lake Park. These trails are m a r k e d a n d m a i n t a i n e d b y t h e City of Eden Prairie, and even though the City is re c e i v i n g n o f u n d s f r o m t h e S t a t e for development and maintaining these trails, all sk i e r s b e t w e e n t h e a g e s o f 1 6 a n d 64 must have a license. This law will be enforced by DNR Conservation Office r s . The Community Services Staff feel that the general i d e a o f a c r o s s c o u n t r y s k i license, that provides funds to the State of Minneso t a f o r D N R g r a n t i n a i d t r a i l s and for DNR managed trails in State parks, is basic a l l y a g o o d i d e a . B y r e q u i r i n g the users of those trails to have a license, the us e r s a r e p a y i n g f o r t h e t r a i l s ; however, to require a license to use trails develop e d a n d m a i n t a i n e d b y c o u n t y a n d city governmental agencies that are not using State g r a n t a i d f u n d s s e e m s t o b e unfair. The Parks, Recreation and Natural Resources Commiss i o n r e v i e w e d t h i s l e g i s l a t i o n at their October 17 meeting and recommended that th e C i t y C o u n c i l f o r w a r d a l e t t e r to our legislators requesting that they submit legisl a t i o n t o c h a n g e t h i s l a w t o limit the license requirement to those skiers using D N R f u n d e d t r a i l s , o r t r a i l s within State parks that are funded by the fees. City staff concur with the Commission recommendation a n d r e q u e s t a u t h o r i z a t i o n t o forward this request from the City of Eden Prairie to l e g i s l a t o r s r e p r e s e n t i n g E d e n Prairie. BL:md CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-290 A RESOLUTION APPROVING FINAL PLAT OF IDLEWILD OFFICE CENTER WHEREAS, the plat of Idlewild Office Center 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 Idlewild Office Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 1, 1983. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.368, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on December 6, 1983. Wolfgang H. Penzel, Mayor ATTEST SEAL John OT—Frane, cTiFk 211 'S CITY OF EDEN PRAIRIE ENGINFERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members IHROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering Technician Q410 DATE: December I, 1983 SUBJECT: IDLEWILD OFFICE CENTER PROPOSAL: The developer, Land'Sake, has requested City Council approval of the final plat of Idlewild Office Center. The site contains approximately 1 acre to be used for the construction of a central office for American Baptist Homes of the Midwest. The plat is located south of West 78th Street and north of Lake Idlewild in the North )1 of Section 14. HISTORY: The preliminary plat was approved by the City Council on April 19, 1983, per Resolution 83-44. Zoning to Office was finally read and approved by the City Council on April 19, 1983, per Ordinance 4-83. The Developer's Agreement referred to within this report was executed on April 19, 1983. VARIANCES: Variance requests not allowed through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: Additional utilities necessary to serve this site will be installed ' by the developer and privately owned and maintained. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Idlewild Office Center subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering fee in the amount of $100.00. DLO:sg CHANGE ORDER NO. 2 NOVEMBER 17, 1983 PROJECT: Utility and Street Improvements in Lorence 1st & 2nd Addition I.C. 52-032 TO: ORFEI & SONS, INC. You are hereby directed to make the following changes to your Contract for the above referenced project. NATURE OF CHANGE: Reshaping boulevards prior to Seeding and Sodding. ADJUSTMENTS TO CONTRACT QUANTITIES: Add the following quantities to the current Contract quantities. Bobcat Loader 12 1/2 HR. @ $68.00 = $ 850.00 (Rate includes operator and laborer) TOTAL $ 850.00 SUMMARY OF ADJUSTMENTS TO CONTRACT TOTAL AMOUNT: Contract Total Amount prior to this Change Order Increase resulting from this Change Order $ 247,958.20 $ 850.00 Revised Contract Total Amount including this Change Order - $ 248,808.20 THE ABOVE CHANGES ARE APPROVED: THE CITY OF EDEN PRAIRIE, MN. By DATE THE ABOVE CHANGES ARE ACCEPTED: ORFEI & SONS, INC. 2/ DATE 0 - A A - p? Necessity of Change Order: The developer contracted with public utility companies for service installation to the subdivision. The developer was unable to obtain acceptable performance by the utilities for proper restoration, nor get timely service for the grading work by his contractor. City contractor did the work to allow the city project to progress. ATTEST John D. Franc, Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-292 A RESOLUTION APPROVING FINAL PLAT OF TIMBER CREEK WOODS WHEREAS, the plat of Timber Creek Woods 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 Timber Creek Woods is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 1, 1983. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on December 6, 1983. W olfgang H. Penzel, Mayor CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering Technician c:lje0 DATE: December 1, 1983 SUBJECT: TIMBER CREEK PROPOSAL: The developer, B-T Land Company, has requested City Council approval of the final plat of Timber Creek Woods, a single family residential plat located north of Duck Lake Trail and west of County Road 4 in the South 1/2 of Section 5. The plat consists of 67 lots and 1 outlet located within approximately 35 acres. Outlot A contains approximately 8 acres intended for dedication to the City for park purposes. HISTORY: The preliminary plat was approved by the City Council on August 16, . 1983, per Resolution 83-204. The final plat as submitted is intended as Phase I and conforms with the overall preliminary plat. Zoning to RI-13.5 and RI-9.5 was finally read and approved by the City Council on September 20, 1983, per Ordinance 41-83. The Developer's Agreement referred to within this report was executed on September 20, 1983. VARIANCES: Variances to be allowed are described in Ordinance 41-83. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed by the developer throughout the site in conformance with City Standards. Cul-de-sacs as shown on the plat will be modified to conform with current City Standards prior to release of the plat. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. Outlet A will be dedicated to the City prior to release of final plat (Warranty Deed). BONDING: The bonding requirements are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Timber Creek Woods subject to the requirements of this report, the Developer's Agreement and the following: ,2,1(11 Pg. 2, Final Plat Timber Creek Woods Dec. 1, 1983 1. Receipt of Engineering fee in the amount of $1500 . 0 0 . 2. Receipt of street lighting in the amount of $7680 . 6 0 . 3. Satisfaction of bonding requirements, including b o n d i n g for grading of park parcel to be dedicated. 4. Receipt of Warranty Deed for Outlot A. DLO:sg Mayor and City Council Carl Jullie, City Manager Sandy Werts, Recreation Supe November 29, 1983 Approval of Appointment to Restoration Committee MEMORANDUM TO: 111RU: FROM: DATE: SUBJECT: This Fall three members of the Restoration Committee resigned for v a r i o u s r e a s o n s . These members were Bruce Brill, Maggie Schmidt and Ann Wilson. The Committee has been seeking people with some specific knowledge a n d e x p e r t i s e to fill these vacancies. To date they have filled one vacancy. Although the Council has not appointed members to the Restoration C o m m i t t e e , y o u have asked for final approval. Therefore, the Restoration Committee r e q u e s t s that the City Council approve the appointment of Willard Eggan, 191 6 5 D u c k L a k e Trail, to the Restoration Committee. Mr. Eggan has a background in c o n s t r u c t i o n , which the Restoration Committee feels will be very valuable as the r e s t o r a t i o n progresses. SW:md 201 FOX, McCUE & MURPHY CERTIFIED PUBLIC ACCOUNTANTS 7901 FLYING CLOUD DRIVE EDEN PRAIRIE, MINNESOTA 55344 JOHN E. FOX, C P A EDEN PRAIRIE WI) JAM M McCUE. CPA. (612)944.6166 JAMES $ MURPHY, C PA. BELLE PLAINE 1612) 445•6693 November 9, 1983 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Jullie: We appreciate this opportunity to submit our brief proposal to serve as the inde- pendent auditors for the City of Eden Prairie for the 1983 calendar year audit. Upon starting our CPA practice in Eden Prairie in November, 1978, we began our firm commitment to provide excellent client services at reasonable fees. We have strived to maintain this commitment during the five years that we have served as the City's independent auditors. The increased construction activity of City projects during 1983 will also result in increased audit time in performing the 1983 calendar year audit. The total estimated fee for the audit engagement would be $14,000 to $15,000 plus any out-of-pocket expenses. Preliminary audit work would be completed prior to December 31, 1983, while the year-end work would be coordinated with Mr. Frane and his financial closing schedule for 1983 financial information. We would expect to deliver the completed reports to you by June 15, 1984. Depending upon Mr. Frane's closing schedule, we may deliver such reports earlier. As part of the audit engagement we would be available for any meetings that you, Mr. Frane, or the City Council might desire. We would also expect to meet with the City Council at the completion of the audit to review the audited financial statements and our letter of management or financial comments. We have appreciated the opportunity to serve as your independent accountants for the last five years and look forward to serving as your 1983 independent accoun- tants. We again thank you for the opportunity to submit this proposal. If you have any questions or desire further information, please don't hesitate to con- tact us. We would be happy to discuss further the nature of the engagement and the degree of our qualifications. Very truly yours, CC: Mr. John Franc :4 elq,Z TO: Mayor & Council FROM: John Frane DATE: December 1, 1983 RE: S & S Lend request for extension of time for final approval of MIDB'S This project is currently under construction. The proponent is asking for a time extension of 12 months. The final approval and closing are expected this month. 2q95 December 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-293 WHEREAS, the City of Eden Prairie has certain utility easements and right-of-way within Ridgewood West described as follows: Drainage and utility easements located within Lots 19 through 47 inclusive, Block 5, Lots 1 through 17 inclusive, Block 6, and right-of-way being all that part of Pine Bluff Court adjoining Lots 19 through 32 inclusive, Block 5, which lies southerly of the easterly extension of the northerly line of said Lot 19, and all that part of Knollwood Drive adjoining Lots 1 through 6, inclusive, Block 6, which lies southwesterly of the southeasterly extension of the northeasterly line of said Lot 1. Said north- easterly line of Lot 1 being 129.22 feet in length. Also, all that part of Knollwood Drive adjoining Lots 42 through 47 inclusive, Block 5, which lies northeasterly of the southeasterly extension of the southwesterly line of said Lot 47. Said southwesterly line of Lot 47 being 127.96 feet in length. WHEREAS, a public hearing was held on December 6, 1983, after due notice was published and posted as required by law; WHEREAS, the public utility companies, namely Northwestern Bell, Minnegasco, Northern States Power, and Minnesota Cablesystem have indicat e d no interest in said utility easements; and WHEREAS, it has been determined that said easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 6, 1983. ATTEST: Wolfgang H. Penzel, Mayor John D. Franc, Clerk 2_10 December 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-294 WHEREAS, the City of Eden Prairie has certain utility easements and right-of-way within Norseman Industrial Park 3rd and Norseman Indust r i a l Park 5th Addition described as follows: The west 5.0 feet of Lot 1, Block 1 Norseman Industrial Park 3rd Addition except the northerly 10.0 feet and the south 5.0 feet thereof. Also, the east 5.0 feet of Lot 1, Block 1, Norseman Industrial Park 5th Addition except the northerly 10.0 feet and the south 5.0 feet thereof. WHEREAS, a public hearing was held on December 6, 1983, after due notice was published and posted as required by law; WHEREAS, the public utility companies, namely Northwesterly Bell, Minnegasco, Northern States Power, and Minnesota Cablesystems have indic a t e d no interest in said utility easements; and WHEREAS, it has been determined that said easements are not necessary and have no interest to the public, therefore, should be vacated: NOW THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 6, 1983. ATTEST: Wolfgang H. Penzel, Mayor John D. Frane, Clerk ,2 q c)r) DECEMBER 6,1983 1 "5 VOID OUT CHECK e6 PINOCCHIO CHAPTER 10747 WESTERN LIFE INSURANCE 10748 BLUE CROSS INSURANCE 10749 GROUP HEALTH PLAN 10750 MENENTER HEALTH PLAN 10751 NICOLLET EITEL HEALTH 10752 PHYSICIANS HEALTH PLAN 10753 VOID OUT CHECK .10754 LANA DUBE 10755 QUALITY WINE & SPIRITS 10756 GRIGGS COOPER & CO 10757 INTERCONTINENTAL PCKG CO 10758 EAGLE WINE CO 10759 JOHNSON BROTHERS WHOLESALE 10760 RALPH KRATOCHVIL 10761 FEDERAL RESERVE BANK 10762 COMMISSIONER OF REVENUE 10763 AETNA LIFE INSURANCE 10764 MINNESOTA STATE RETIREMENT 10765 GREAT WEST LIFE ASSURANCE CO 10766 UNITED WAY OF MINNEAPOLIS 10767 INTERNATIONAL UNION 10768 PERA 10769 COMMISSIONER OF REVENUE ( 70 COMMISSIONER OF REVENUE ' Eii1 MOLLY CAMPE 10772 TRACY HUHN 10778 JENNIFER BOWSER 10774 AYANNA KELLY 10775 HOPKINS POSTMASTER 10776 DANA GIBBS 10777 JOHN FRANE 10778 QUALITY WINE CO 10779 JOHNSON BROTHERS WHOLESALE 10780 INTERCONTINENTAL PACKAGING 10781 EAGLE WINE CO 10782 ED PHILLIPS & SONS CO 10783 TWIN CITY WINE CO 10784 PRIOR WINE CO 10785 GRIGGS COOPER & CO INC 10786 CONTINENTAL BANK TRUST & INVEST 10787 TRACY ANDERSON 10783 TRACY JENSEN 10739 LISA WAXLAND 10790 PHILIP G MATHIOwETZ 10791 DOUGLAS ANDREWS 10792 CURTIS mANLEY BERGouIST 10793 MICHAEL THEODORE BOSACHER .1 0794 LANCE MICHAEL BRACE ( '95 JAMES cora CLARK lu/96 SPENCER LEE CONRAD 10797 PATRICK STANLEY r\CY 10798 RICHARD RAYMOND DEATON 10799 ROBERT DANIEL DOLE 194837.12 ENTRY FEE-CHRISTMAS IDEA HOUSE/FEES PAID INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE REFUND-EXERCISE CLASSES WINE LIQUOR WINE WINE WINE INSTRUCTOR-EXERCISE CLASSES/FEES PAID PAYROLL 11/11/83 PAYROLL 11/11/83 PAYROLL 11/11/83 PAYROLL 11/11/83 PAYROLL 11/11/83 PAYROLL 11/11/83 DUES PAYROLL 11/11/83 OCTOBER SPECIAL FUEL TAX OCTOBER SALES TAX REFUND-EXERCISE CLASSES REFUND-EXERCISE CLASSES REFUND-EXERCISE CLASSES REFUND-EXERCISE CLASSES DISTRICT 3 UTILITY BILLS POSTAGE PACKET DELIVERY NOVEMBER EXPENSES LIQUOR LIQUOR' WINE WINE LIQUOR WINE WINE LIQUOR BOND PAYMENTS REFUND-BATON & DANCE CLASSES REFUND-BATON & DANCE CLASSES REFUND-BATON & DANCE CLASSES FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS 120.00 176.% 1042.4 1872.O' 3275.62 584.1i 9248.32 0.00 21.CC 1807.0', 1809.7'- 273.-1 1 56.C4 1886.57 8.00 16107.4 : 9117..?„, 108.02 65.00 3302.00 71.50 14808.1: 743.51 11873.3:, 15.00 15.00 15.00 15.00 266.62 52.03 173.8.5 3656.7 0 4551.70 1737.30 10203.8, 2127.5:- 28.2: 6534.52 80025.0: 12.00 12.03 12.00 716.0' 608.0(, 406.01 402.0o 682.0 0 782.01 266.0) 738.0' 274.0) 2862247 10800 10801 7 12 ; J3 10804 10305 10806 10307 10808 10809 10810 10811 10812 10813 10814 10815 10816 10817 10818 10819 10820 10821 10822 10823 10824 10825 10826 k ?7 i.o23 10329 10830 10831 10832 10833 10334 10835 10336 10837 10838 10839 10840 10841 10842 10843 10844 10845 10346 10347 10848 10849 10850 111851 152 AuS53 LORI A FANNING CHARLES ANTHONY FERN WALTER SMALLWOOD FIELDS CHARLES A GONE ROBERT RICHARD GRANT JOHN KENNETH HACKING JOHN THOMAS HOBBS FREDRICK KARL HAFFNER GENE A JACOBSON WALTER CHARLES JAMES DUANE LEWIS JOHNSON KENNETH DANIEL JOHNSON RONALD JOHNSON MARVIN ALLEN LAHTI M E LANE jR BRADLEY EARL LARSON ROBERT PAUL LISTIAK JAMES LEE MATSON BRIAN GILL MCGRAW GARY LEE MEYER MARILYN F MITCHELL THOMAS H MONTGOMERY CURTIS REED OBERLANDER JOHN EDWARD PAFKO ERIK GERHARDT PETERSON DOUGLAS LEE PLEHAL JERALD FRED PRODOEHL JOHN DAVID RIEGERT STANLEY ADOLPH RIEGERT JOHN DAVID ROCHFORD NORBERT HENRY ROGERS MICHAEL JOHN ROGERS TIMOTHY PAUL RUST CHARLES C SCHAITBERGER JOHN T SCHEIDERICH HARVEY HERMAN SCHMIDT GERALD MATHEW SCHWANKL RICHARD W SEEGER JOHN J SKRANKA JOHN ALAN SORENSEN EUGENE RAYMOND SPANDE RICHARD TURNER VERNON THOMAS STEPPE BURTON LEE SUTTON MARC LEWIS THIELMAN STEPHEN JOHN WHITE THOMAS DEFOREST WILSON ASLA A & H WELDING & MFG CO ACRO-MINNESOTA INC AMERICAN BELL AMERICAN SCIENTIFIC PRODUCTS AMERICAN WATER WORKS ASSOC ANACOMP FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS 1984 DUES-PARK PLANNING STEEL BAR OFFICE SUPPLIES SERVICE LAB SUPPLIES-WATER DEPT INSTRUCTION MANUALS-WATER DEPT FREIGHT CHARGES FOR MICROFILM EQUIP 88.00 644.00 80.00 470.00 466.00 862.00 910.00 542.00 1052.00 432.00 416.00 102.00 520.00 580.00 462.00 246.00 904.00 298.00 478.00 876.00 350.00 716.00 1158.00 792.00 426.00 1020.00 294.00 622.00 742.00 666.00 744.00 736.00 462.00 884.00 196.00 290.00 814.00 416.00 644.00 378.00 504.00 319.00 390.00 932.00 932.00 420.00 440.00 160.00 12.92 615.09 768.00 8.05 339.15 4.20 10856 TERESE ANDERSON 10857 APPLE VALLEY RED-E-MIX INC 10858 AQUA CITY IRRIGATION 10859 ARA TRANSPORTATION 10860 ASPLUND COFFEE CO INC 10361 ASSOCIATED ASPHALT INC 10862 BAILEY NURSERIES INC 10863 ARNIE BARNES 10864 BENNETT RINGROSE WOLSFELD JARVIS 10865 CITY OF BLOOMINGTON 10366 MICHAEL BOURBEAU 10867 BRAUN ENGINEERING TESTING INC 10868 MARY BROBERG 10869 ANDREA BROSCH 10870 BROWN PHOTO 10871 BUDGET PLUMBING CORP 10872 BUSINESS FURNITURE INC 73 BUTCHS BAR SUPPLY \. .14 C & S LIME COMPANY 10875 CAPITOL ELECTRONICS INC 10876 CARGILL SALT DIVISION 10877 CAROLYN CASSOLA 10878 CHICAGO & NORTHWESTERN TRANSPORTA 10879 CLERK OF COURTS 10880 CLUTCH & TRANSMISSION SERVICE INC 10881 CLUTCH & U-JOINT BURNSVILLE INC 10882 COMMISSIONER OF TRANSPORTATION 10883 COPY EQUIPMENT INC CURLE PRINTING COMPANY INC CUTLER-MAGNER COMPANY DALCO DRISKILLS SUPER VALU CITY OF EDINA EMERGENCY SERVICE SYSTEMS INC FALK PAPER COMPANY FEED-RITE CONTROLS INC TARA FELTL FIRE INSTRUCTORS ASSN OF MINN FIRESTONE STORES FOSS PRINTING INC JOHN FRANE G L CONTRACTINC INC GARDNER HARDARE CO GENERAL COMMUNICATIONS INC 10884 10385 10886 10887 10888 10889 10890 10891 10392 10893 10894 10895 10896 ( '97 Ao398 10899 SIGNS-PARK DEPT -INSTALL FLOOD LIGHTS IN P/S BLDG PARKING LOT REFUND-SWIMMING CLASSES CONCRETE-STREET DEPT IRRIGATION SYSTEM-ROUND LAKE PARK 25.42 58.00 34.00 149.25 4660.00 BUS SERVICE-COMMNITY SERVICES 93.15 COFFEE-CONCESSION STAND/COMMUNITY CENTER 117.85 BLACKTOP-STREET DEPT 838.36 TREES-P/W & PARK DEPT 1362.50 BASKETBALL OFFICIAL/FEES PAID 96.00 -SERVICE-MITCHELL ROAD & TECHNOLOGY DRIVE/ 46417.36 -CITY WEST STREETS/ANDERSON LAKES PARKWAY/ PRAIRIE CENTER DRIVE/VALLEY VIEW ROAD AUGUST IMPOUND FEES 305.00 REFUND-SKATING CLASSES 12.00 -SERVICE-TECHNOLOGY DRIVE/RYMARLAND CAMP 5643.20 -CARLSON DRIVE/LAVONNE INDUSTRIAL PARK/ PRAIRIE CENTER DRIVE REFUND-SWIMMING CLASSES 11.00 RACQUETBALL INSTRUCTOR/FEES PAID 117.00 -FILM PROCESSING-POLICE/COMMUNITY CENTER/ 206.41 PLANNING DEPT PLUMBING-STARING LAKE PARK 2100.00 -FILE CABINET-ENGINEERING DEPT/2 CHAIR 629.75 MATS-POLICE DEPT SUPPLIES-LIQUOR STORES 435.75 LIME 28.00 RADIO REPAIR-POLICE DEPT 53.06 DEICING SALT 3434.33 INSTRUCTOR-GUITAR CLASSES/FEES PAID 534.20 1 YEAR LEASE AGREEMENT-ENGINEERING DEPT 50.00 EMPLOYEE WITHHOLDING PER COURT ORDER 1.00 BRAKE PARTS-EQUIPMENT MAINTENANCE 58.50 HYDRAULIC HOSES-EQUIPMENT MAINTENANCE 180.69 SERVICE-PRAIRIE CENTER DRIVE 5726.15 -PENS/BLACKLINE FILM/DRAFTING TAPE- 174.40 PLANNING DEPT BUSINESS CARDS 59.00 QUICKLIME-WATER DEPT 3573.09 CLEANING SUPPLIES-COMMUNITY CENTER 521.42 SUPPLIES-COMMUNITY CENTER & CITY HALL 81.85 OCTOBER TESTS 105.00 ELECTRICAL WORK ON SQUAD CARS 53.32 CUPS/NAPKINS-COMMONTIY CENTER & ROUND LK 376.25 SULFATE-WATER DEPT 3939.75 REFUND-SWIMMING CLASSES 39.00 MANUALS-FIRE DEPT 37.95 2 TIRES-EQUIPMENT MAINTENANCE 247.8 LICENSE STICKERS-FINANCE DEPT 165.0 DECEMBER EXPENSES 179.7' SERVICE-ROWLAND ROAD & SHADY OAK ROAD 1615.9. LOCK-COMMUNITY CENTER 43.5 RADIO REPAIRS & PARTS 320.8 8491161 10851 EARL F ANDERSEN & ASSOCIATES INC RON ANDERSON 10900 GENERAL OFFICE PRODUCTS COMPANY 10901 GLIDDEN PAINT GNERER WELDING INC rs. ,3 B F GOODRICH TIRE CENTER 10904 GREENKEEPER INC 10905 GUNNAR ELECTRIC COMPANY INC 10906 JACK HACKING 10907 HAPPY TYME COMPANY 10908 HARMON GLASS 10909 HAUENSTEIN & BURMEISTER INC 10910 HAYDEN-MURPHY EQUIPMENT COMPANY 10911 SHERIFFS DEPT-HENNEPIN COUNTY 10912 HENNEPIN COUNTY TREASURER 10913 HENNEPIN COUNTY TREASURER 10914 HEWLETT PACKARD COMPANY 10915 HOLMSTEN ICE RINKS INC 10916 HOPKINS DODGE SALES INC 10917 BILL HORNIG 10918 IMPERIAL INC 10919 INDEPENDENT SCHOOL DISTRICT #272 10920 INGRAM EXCAVATING 10921 IRON MOUNTAIN FORGE 10922 JM OFFICE PRODUCTS INC 10923 J & R RADIATOR CORP 10924 DOROTHY JACKSON 10925 TRACE? JACQUES 10926 NANCY KASID '7 KEYS WELL DRILLING CO CHRISTOPHER KILL 10929 CYNTHIA KOLKIND 10930 KROY INDUSTRIES INC 10931 LAKE STATE EQUIPMENT CO 10932 LANCE 10933 M E LANE INC 10934 LANG PAULY & GREGERSON LTD 10935 LEFF BROS INC 10936 LITHO TECHNICAL SERVICES INCORP 10937 LOGIS 10938 LYMAN LUMBER COMPANY 10939 M J COLORSTATS 10940 MAN POWER INC 10941 MEDICAL OXYGEN & EQUIPMENT CO 10942 METRO PRINTING INC 10943 NORWFST BANK OF HOPKINS 10944 FEDERAL RESERVE BANK 10945 COMMISSIONER or REVENUE 10946 VOID OUT CHECK OFFICE SUPPLIES PAINT-PARK MAINTENANCE SNOW PLOW REPAIRS-WATER DEPT 20 TIRES-EQUIPMENT MAINTENANCE WINTERIZE LAWN SPRINKLER SYSTEM-POLICE FUSES-WATER DEPT EXPENSES-CANINE TRIALS MIX-LIQUOR STORES MIRROR-EQUIPMENT MAINTENANCE DOORS/TOILET PARTITIONS-STARING LAKE PARK EQUIPMENT RENTAL-ROUND LAKE IRRIGATION SEPTEMBER 83 BOOKING FEE SERVICE-PRAIRIE CENTER DRIVE AUG & SEPT EQUIPMENT RENTAL-FORESTRY DEPT SUPPLIES-FINANCE DEPT SWITCH-COMMUNITY CENTER SWITCH/HEATER-EQUIPMENT MAINTENANCE MILEAGE-ENGINEERING DEPT BOLTS & NUTS-WATER DEPT OCTOBER CUSTODIAL & COMMUNITY EDUCATION SERVICE-ROUND LAKE ESTATES 2 BENCHES-STARING LAKE PARK OFFICE SUPPLIES REPAIR RADIATOR-EQUIPMENT MAINTENANCE INSTRUCTOR-DOG OBEDIENCE II/FEES PAID ARTWORK-WINTER BROCHURE/COMMUNITY SERVICES REFUND-MEETING ROOM RENTAL REPAIR PUMP #3-WATER DEPT REFUND-SKATING CLASSES REFUND-PRE-NATAL CLASSES KROY TAPE-POLICE DEPT TIE RODS-EQUIPMENT MAINTENANCE SUPPLIES-LIQUOR STORE WORKMANS COMP INSURANCE AUGUST LEGAL SERVICE SERVICE BUSINESS CARDS-ASSESSING DEPT OCTOBER SERVICE LUMBER FORMS-PARK PLANNING TEMPORARY HELP-PLANNING DEPT OXYGEN-FIRE DEPT -IMPOUND FORMS-POLICE DEPT/PRINTING-PARK PLANNING PAYROLL 11/25/83 PAYROLL 11/25/83 PAYROLL 11/25/83 42.90 72.84 190.80 792.60 110.00 21.97 253.10 76.20 6.00 2335.00 66.00 201.95 84541.96 2515.24 16.00 119.71 52.12 77.75 83.86 2384.06 360.00 414.12 202.73 23.00 150.00 35.00 10.00 3878.86 16.00 20.00 43.93 93.78 22.42 2305.00 9954.43 386.54 136.00 2687.87 115.10 17.50 75.33 80.33 159.00 78.45 16052.00 9092.54 0.00 3327.00 108.00 65.00 71.50 37.50 14907.27 10947 GREAT WEST LIFE ASSURANCE CO PAYROLL 11/25/33 10943 ALTNA LIFE INSURANCE & ANNUITY CO PAYROLL 11/25/33 10949 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 11/25/83 ing50 UNITED WAY OF MINNEAPOLIS PAYROLL 11/25/33 31 SOURBAN NATIONAL BANK PAYROLL 11/25/83 1u952 PERA PAYROLL 11/25/33 15888637 17626537 PAYROLL 11/25/83 22485.9A CHEMICALS/SERVICE AIR COMPRESSOR-FIRE DEPT 125.25 OCTOBER SAC CHARGES 58063.50 DECEMBER SEWER SERVICE 46795.27 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 397.4B BLACKTOP 604.5; SUPPLIES-LIQUOR STORE 21.00 SERVICE 4438.64 SERVICE 88.34 SERVICE 661.73 BASKETBALL REGISTRATION/FEES PAID 220.00 VOLLEYBALL REGISTRATION/FEES PAID 210.00 HOSES & FITTINGS-FIRE DEPT 68.85 SERVICE 35.25 REPAIR PAINT SPRAYER-WATER DEPT 218.55 WHEEL ALIGNMENT 19.95 STROBE LIGHT 140.00 VALVE FOR HOT WATER HEATER 8.00 EXPENSES 81.00 SERVICE-COMMUNITY SERVICES 25.00 INSTRUCTOR-DOG OBEDIENCE/FEES PAID 150.00 REFUND-BUILDING PERMIT 485.00 SERVICE 19927.03 OCTOBER SERVICE 4.32 SERVICE 2658.83 HOSE CLAMPS/COUPLINGS-FIRE DEPT 68.00 REFUND-SWIMMING CLASSES 13.00 MILEAGE 16.00 BASKETBALL OFFICIAL/FEES PAID 24.00 GUIDE PLAN PRINTS-PLANNING DEPT 140.00 EQUIPMENT RENTAL-COMMUNITY CENTER 83.50 -INSTALL ELECTRICAL-STARING LAKE PARK/60 2908.50 4 FOOT FLUORESCENT LAMPS-COMMUNITY CENTER -EQUIPMENT PARTS-PARK MAINTENANCE/LAWN 460.90 MOWER-POLICE DEPT SHARPEN ZAMBONI BLADES/SWITCH-C/C 158.90 WRENCH-STREET DEPT 38.70 CASH REGISTER TAPE-LIQUOR STORE 71.60 SERVICE-T05 TRUNK SEWER/RAINBOW DRIVE 1944.93 SANDER PARTS-EQUIPMENT MAINTENANCE 79.58 SNOW PLOW-STREET DEPT 6765.00 -CPR TRAINING EQUIPMENT-DONATED BY 250.00 SUBURBAN NATIONAL BANK REFUND-EXERCISE CLASSES REFUND-SWIMMING CLASSES HAUL SAND-GINAVALE LANE SERVICE-VALLEY VIEW ROAD & HWY 494 SERVICE-POLICE DEPT STEEL-DRAINAGE VOLLEYBALL OFFICIAL/FEES PAID SUPPLIES-PARK MAINTENANCE INSTRUCTOR-KIDS KORNER/FEES PAID EMPLOYMENT ADS-COMMUNITY SERVICES EMPLOYMENT AD-COMMUNITY SERVICES 10953 DEPARTMENT OF EMPLOYEE RELATIONS 1,0 0 54 METROPOLITAN FIRE EQUIPMENT I 5 METROPOLITAN WASTE CONTROL COMMIS 10 ..!1;6 METROPOLITAN WASTE CONTROL COMMIS 10957 MIDLAND PRODUCTS COMPANY 10958 MIDWEST ASPHALT CORPORATION 10959 MINNESOTA BAR SUPPLY INC 10960 MINNESOTA GAS COMPANY 10961 MINNEGASCO 10962 MINNEGASCO 10963 MINNESOTA RECREATION & PARK ASSOC 10964 MINNESOTA RECREATION & PARK ASSOC 10965 MINNESOTA WANNER COMPANY 10966 MINNESOTA VALLEY ELECTRIC CO-OP 10967 MODERN EQUIPMENT CO 10968 MODERN TIRE CO 10969 MUNICILITE CO 10970 MURPHY PLUMBING & HEATING CO 10971 MY CHEESE SHOP 10972 NRPA/LIFE BE IN IT 10973 JERRY NEEDHAM 10974 ALLEN NICHLAY 10975 NORTHERN STATES POWER 10976 NORTHERN STATES POWER CO 10977 NORTHWESTERN BELL TELEPHONE CO 10978 OSWALD FIRE HOSE y-‘79 JOEY PEDRIC :0 CONNIE L PETERS 10981 SCOTT PETERS 10982 PHOTOS INC 10983 PITNEY BOWES 10984 PRAIRIE ELECTRIC COMPANY INC 10985 PRAIRIE LAWN & GARDEN 10986 R & R SPECIALTIES INC 10987 DAVID RAQUET 10988 RETAIL DATA SYSTEMS OF MN 10939 RIEKE-CARROLL-MULLER ASSOCIATES I 10990 ROAD MACHINERY & SUPPLIES CO 10991 ROAD MACHINERY & SUPPLIES 10992 ROAD RESCUE INC 10993 KYLE ROSE 10994 NICHOLAS ROSE 10995 RUCKI TRUCKING CO 10996 STS CONSULTANTS LTD 10997 CITY OF ST PAUL 10998 ST REGIS CORPORATION 10999 SUSAN M SELSETH 31000 SHURAIL SUPPLY INC 1 01 CHAVAYNE SLETTEN ..102 SOUTHWEST SUBURBAN PUBLISHING INC 11003 SOUTHWEST SUBURBAN PUBLISHING INC 12.00 11.00 212.20 3947.01 1 2 150.00 24.75 36.00 I 522.0t, 7.0'i 150.00 37.20 11004 SOUTHWEST SUBURBAN PUBLISHING INC 11005 TANYA STEVENS I 6 STEVE SULLIVAN liuJ7 SULLIVANS SERVICES INC 11008 SWEDLUND SWR & WTR 11009 T & E CONST 11010 CARRIE TIETZ 11011 THOMPSON & KLAVERKAMP 11012 CARRIE TIETZ 11013 TRACY OIL CO INC 11014 TWIN CITY OXYGEN CO 11015 TYPE HOUSE + DURAGRAPH 11016 U Z ENGINEERED PRODUCTS 11017 KELLI UELAND 11018 UNITED LABORATORIES INC 11019 CINDY UNOWSKI 11020 VALLEY INDUSTRIAL PROPANE INC 11021 VALLEY VIEW ASSOCIATES 11022 VAN WATERS & ROGERS 11023 VOID OUT CHECK 11024 VAUGHNS INCORPORATED 11025 VICTORIA REPAIR & MFG 11026 VIKING LABORATORIES INCORPORATED 11027 WATER PRODUCTS COMPANY 11028 WATERITE INC 1"29 WEED KING ( 10 LYNN WEIDEWITSCH 11031 MARGET WELTER 11032 WEST PRAIRIE NURSERY COMPANY 11033 WESTERN IRRIGATION INC 11034 ADAM WIETHOFF 11035 JOE WIETHOFF 11036 THE WINE SPECTATOR 11037 XEROX CORPORATION 11038 ZEE MEDICAL SERVICE 11039 ZIEGLER INC 11040 ZIEGLER TIRE SERVICE CO 11041 TWIN CITIES CHAPT OF YOUNG AUDIEN 11042 AMERICANNA VENTURES INC 11043 THE EDEN INN 11044 CHRIS ENGER 11045 JACK HACKING 11046 ROBERT MARTZ 11047 MCGLYNN BAKERIES INC 11048 MINNESOTA SAFETY COUNCIL INC 11049 WAFTA 11050 SANDRA WERTS 11051 DEBRA HANSEN 11052 STUART ALEXANDER 11053 MONA DISSE ( ,448.26 LEGAL ADS/ADS-LIQUOR STORES REFUND-SWIMMING CLASSES MILEAGE -SERVICE-PUMP TANK-SENIOR CITIZENS/PUMP OIL FROM POND-VALLEY VIEW ROAD SEPTIC SYSTEM-STARING LAKE PARK REFUND-BUILDING PERMIT SERVICE-MINUTES FOR PARK & RECREATION MTG OCTOBER LEGAL SERVICE-SANITARY LANDFILL SERVICE-NOV 7TH PARK & RECREATION MTG UNLEADED GAS OXYGEN-STREET DEPT TAPE-PARK PLANNING SCREWS/WASHERS/COTTER PINS/NUTS-STREET DPI REFUND-SWIMMING CLASSES LAB SUPPLIES-WATER DEPT MUSIC FOR VERY YOUNG/FEES PAID GAS CYLINDERS-COMMUNITY CENTER FILTER-COMMUNITY CENTER CHLORINE-WATER DEPT FLAG REPAIR-POLICE BLDG PONTOON RENTAL-PARK DEPT CHLORINE/SODA ASH-COMMUNITY CENTER VALVE BOX-WATER DEPT 6 ROLLS CHART PAPER-COMMUNITY CENTER WEED CUTTING-SANDHILL CIRCLE/SQUIRE LANE INSTRUCTOR/BATON & DANCE CLASSES/FEES PAID REFUND-SWIMMING CLASSES TREE WRAP-PARK MAINTENANCE EQUIPMENT PARTS-ROUND LAKE IRRIGATION BASKETBALL OFFICIAL/FEES PAID VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID SUBSCRIPTION-LIQUOR STORE SERVICE FIRST AID SUPPLIES-COMMUNITY CENTER BELT/4 SEAL BEAMS-EQUIPMENT MAINTENANCE 2 TIRES-EQUIPMENT MAINTENANCE YOUNG AUDIENCES CONCERT/FEES PAID EXPENSES-POLICE DEPT EXPENSES-CANINE UNIT NOVEMBER EXPENSES EXPENSES DECEMBER EXPENSES SUPPLIES-POLICE DEPT DEFENSIVE DRIVING MANUALS WAFTA SCHOOL-FIRE DEPT NOVEMBER MILEAGE & EXPENSES BASKETBALL OFFICIAL/FEES PAID MILEAGE & EXPENSES REFUND-EXERCISE CLASSES 940.37 13.00 12.00 175.00 5000.00 180.24 67.00 2870.75 15.75 8440.00 4.03 33.85 145.05 26.00 303.20 105.00 162.69 9.50 457.05 0.00 9.75 10.00 173.75 65.80 72.84 456.00 208.00 15.00 16.84 22.29 16.00 204.00 60.00 2552.65 231.60 99.07 127.46 120.00 539.47 63.39 175.00 13.80 171.50 8.49 546.00 240.00 97.13 56.00 94.95 21.00 $668971.20 December 6, 1983 Cash Disbursements by Fund Number Fund # Description Amount 10 GENERAL 11 CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FUND 15 L/S PRAIRIE VILLAGE MALL 17 L/S PRESERVE 31 PARK ACQUIST & DEVELOPMENT 36 P/S & P/W BOND FUND 45 UTILITY DEBT FUND ARB 51 IMPROVEMENT CONSTRUCTION FUND 57 ROAD IMPROVEMENT CONSTRUCTION FUND 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 COMMUNITY DEVELOPMENT BLOCK GRANTS 90 TAX INCREMENT CONSTRUCTION FUND 235,405.29 6,765.00 80,025.00 26,325.69 19,037.94 17,289.52 2,224.92 400.00 4,041.18 2,037.80 27,192.19 106,781.16 734.00 630.00 140,081.51 TOTAL T668,971.20 RAP/mid1 MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney SUBJECT: Amendment of Chapter 4 Relating to Liquor Licensing -- Payment of License Fees in Installments DATE: December 1, 1983 I have prepared an ordinance amending Chapter 4 of the City Code relating to the issuance of on-sale liquor licenses. The amendment provides that fees for on-sale liquor licenses for a whole license year may be paid in two installments -- one-half prior to issuance of the license or the December 31 preceding the commencement of the license year, whichever occurs earlier and the second one-half on or before June 15 of the license year. There may be added to the amount of the second installment interest as shall be fixed by resolution of the Council from time to time. The interest to be fixed by resolution of the Council may not exceed 8% per annum on the unpaid balance of the license fee. The draft ordinance also provides that failure to pay, when due, any license fee, installment or interest thereon shall be cause for revocation of the license. As I pointed out in my letter to Mr. Jullie dated November 3, 1983, Minnesota Statutes require a hearing upon revocation of a license. A hearing is also required under the City Code. I have pro- vided in the draft ordinance that the Council may require as a condition to permitting payment of a license fee in installments a written acknowledgment and agreement by the licensee that failure to make such payment will be cause for revocation of the license, that he will not contest a revocation for that cause, and that he waives his right to a hearing provided by Sec. 4.02, Subd. 4.G. of the Code and Minnesota Statutes. Notwithstanding such a waiver and agreement, I am of the opinion that a hearing would be necessary to effect a revoca- tion upon failure to make the necessary payments. ORDINANCE NO. 56-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, Al-IENDING CIT Y CODE CHAPTER 4, AMENDING SEC. 4.02, SUBD. 4. A. AND SEC. 4.13 RELATING TO THE FIXING AND PAYMENT OF LICENSE FEES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SEC. 4.99 WHICH, AMONG OTHE R THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 44 Sec. 4.02, Subd. 4. A. shall be and is amended as follows: "A. Granting. The Council may approve any application for a period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consider- ation of any application for any license, excent an on- sale honor license, the applicant shall pay the license fee, and if applicable, pay the investigation fee. Prior to considoration of any anolication for an on-sale licuor lic ,,nse, the annlicant shall pay the license fee in the whole anount for tile remainde: of the then current license yfar if the application is for a period less than a year or at least one-half the amount thereof if the application is for an entire year, and, if anolicable, pay the inynsti- cation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion or installment of a fee when due shall be cause for revocation." ' Section 2. City Code Chapter 4,Sec. 4.13 shall be and is amended as follows:. "SEC. 4.13. FIXING LICENSE AND INVESTIGATION FEES. Subtl. I. All license and investigation fees provided for in this Chapter, including, but not.by way of limitation, fees for on-sale and off-sale of beer, temporary on-sale of beer, on-sale rind temporary off-sale of liquor, and on-sale of wine, shall be fixed and determined by the Council, 'adopted by resolution, and uniformly enforced. Such fees rmay, from time-to-time, be amended by the Council by resolu- tion. • A copy of the resolution shall be kept on file in the office of the City Clerk-Treasurer, and open to inspection duiing regular business hours. Subd. 2. Fees for on-sale liquor licenses for a whole license year may be paid in two installments. One-half shall be paid prior to issuance of the license or the December 31 preceding the commencement of the license year, whichever shall occur earlier, and one-half, together with interest thereon, shall be paid on or before June 15 of the license year. In the event an applicant or a licensee elects to pay such license fee in installments, there shall be added to the amount remaining unpaid, interest on such amount as shall be fixed by resolution of the Council from time to time. Failure to pay when due any license fee, installment, or interest thereon or any portion thereof, shall be cause for revocation of the license. As a condi- tion to permitting payment of an on-sale liquor license fee in installments, the Council may require the applicant to execute a written acknowledgment and agreement that such failure to pay shall cause revocation of the license and that the applicant will not oppose or contest any action or proceedings taken in connection with such revocation and waives his rights to any hearing or other proceedings afforded pursuant to Sec. 4.02, Subd. 4.G. hereof, or Minnesota Statutes Section 340.135 or other law." Section 3. City Code Chapter 1 entitled "General Provi- sions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sectj.on 4.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. 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 , 1983, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1983. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the 1983. day of GARY D. PETERSON, PH.D. 9400 CREEKWOOD DRIVE EDEN PRAIRIE, MINNESOTA 55343 November 10, 1983 Jan Flynn Human Services Coordinator 8950 Eden Prairie Road Eden Prairie, NN 55344 Dear Jan, I regret to inform you that I have decided to resign from the Commission. I discover that I have too little enthusiasm for the task, rendering me an ineffective Commission member. I trust you can replace me with someone who has more zeal, and will contribute more to the work that you have to do. Sincerely, :'")terson 10/3/83 Dear Mayor Penzel and Council Members, I am interested in becoming a member of the Eden Prairie Human Rights and Services Commission. My wife and I are new residents of Eden Prairie, having purchased a home and moved in May of 1983. I have a Bachelor of Science in Health Care Administration and am a Licensed Nursing Home Administrator in the State of Minnesota. I am currently employed at the Highland Chateau Nursing Home in Saint Paul as the Administrative Coordinator. I would be honored to be appointed to the Human Rights and Services Commission. It would be an excellent opportunity for me to become involved in my new community and I feel that I have something to offer it as well. Sincerely, -7-> DA Beardsle 785 l'arar"C',4-ve Eden Pr ie, Mn., 55344 937-1523 (home) 698-0793 (work) Z:S 10 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: November 30, 1983 SUBJECT: North Star Agreement In January of 1983, City staff began discussions with the Nort h S t a r s r e g a r d i n g their desire to construct a locker room addition at the Eden Pra i r i e C o m m u n i t y Center and to use the Community Center as a backup practice faci l i t y w h e n t h e M e t Sports Center is not available for their use. Attached to this memo is a copy of the final agreement developed b y s t a f f r e p r e s e n - tatives from the City of Eden Prairie and the North Stars. The a g r e e m e n t i s n o w for 20 years and would require the North Stars to construct the f a c i l i t y a t t h e i r cost and to rent no more than 300 hours of ice time per year at a f e e f o l l o w i n g the formula described on pages 15 and 16 of the agreement. The d a t e s a n d t i m e s when the North Stars are able to use the arena for this fee is d e s c r i b e d o n p a g e s 14 and 15 of the agreement. The term of the lease would begin on April 1, 1984. Prior to th a t t i m e , t h e C i t y would have had an opportunity to review and approve the plans f o r t h e l o c k e r r o o m addition. The North Stars will be required to pay all taxes, ma i n t e n a n c e a n d r e p a i r , and utilities on their addition, and will be required to provid e i n s u r a n c e ( w i t h the City named co-insured) equal to what the City would provide o n t h e f a c i l i t y . The City would own the North Star locker facilities at the end o f t h e 2 0 y e a r l e a s e as part of the consideration for the construction of this addi t i o n . T h e C i t y w i l l provide the North Stars players, trainers and coaches all the p r i v i l e g e s o f t h e f u l l individual membership in the Eden Prairie Community Center wit h o u t t h e p a y m e n t o f the annual membership fee. The City has the right to buy out the North Stars after a one year notice by the City. Computation of the sale price is explained on pages 30 a n d 3 1 o f t h e a g r e e m e n t . Also, attached is a memo from Chuck Pappas indicating that the t i m e s p r o p o s e d f o r use by the North Stars is excess or under used times and the a r e a p r o p o s e d f o r construction of their locker facility is not planned for use and w o u l d n o t p r o - hibit expansion of the facility. The City Staff have spent many hours in discussion with the No r t h S t a r r e p r e s e n t a t i v e s trying to make sure this agreement covers all of the situation s t h a t m i g h t o c c u r o v e r a 20 year period. Staff recommends approval of the document wit h t h e f o l l o w i n g c o r r e c - tions: 1. Page 14, Section 6.1, 4th line - change 1983 to 1984 2. Page 22 under (b), 9th line - change or to and -2- 3. Page 13, Section 4.2 - The last paragraph should be placed after the first sentence in Section 4.2 4. Page 15, Section 6.2 - The last six words of the introduction sentence should be struck, so the colon is after the word "hour" 5. Page 16, Section 6.4 - 1983 should be changed to 1984 6. Page 17, thirteen lines down - interfered should be "interfer" 7. Page 30, Section 16.4, thirteen lines down - change 1983 to 1984 8. Page 31, third line - change 1983 to 1984 9. Page 31, Section 16.5 - delivery is misspelled BL:md MEMORANDUM The Mayor, City Council, City Manager, Parks, R e c r e a t i o n a n d Natural Resources Commission Robert Lambert, Director of Community Service s 7 Charles Pappas, Community Center Manager I ,r , November 28, 1983 SUBJECT: Supplement to the Memo dated April 2 1 , 1 9 8 3 , a s p e r t h e E d e n P r a i r i e City Attorney, in consideration of the 20 year l e a s e a g r e e m e n t b e t w e e n . the City of Eden Prairie and the Minnesota N o r t h S t a r s . This memo has been submitted as a review, def i n i t i o n a n d c l a r i f i c a t i o n o f c e r t a i n points previously addressed in the memo dated A p r i l 2 1 , 1 9 8 3 . I t a d d r e s s e s proposed ice time useage by the Minnesota Nor t h S t a r s a t t h e E d e n P r a i r i e C o m m u n i t y Center as per terms of the Lease agreement be t w e e n t h e C i t y o f E d e n P r a i r i e a n d the Minnesota North Stars. From the inclusive dates of September 1 throu g h . October 15, weekend times (Saturday and Sunday) available to North Stars w o u l d b e f r o m 8 : 0 0 a m t o 1 2 : 4 5 p m and 4:15 pm to 7:45 pm. These times are availa b l e d u r i n g t h i s p e r i o d o f t i m e a s the youth hockey season does not begin until a p p r o x i m a t e l y t h e 1 5 t h o f O c t o b e r each year. The break in times from 12:45 pm un t i l 4 : 1 5 p m a n d a g a i n a t 7 : 4 5 p m are reserved for ice resurfacing and public s k a t i n g . T h e s e p u b l i c s k a t i n g t i m e s are our normally scheduled sessions. From October 16 through April 30 available ice t i m e w o u l d b e o n S a t u r d a y s f r o m 11:00 am to 12:45 pm. These times were establ i s h e d s o a s n o t t o c o n f l i c t w i t h our learn to skate program and open skating. S u n d a y ' s a v a i l a b l e t i m e s w o u l d b e 8:00 am to 12:45 pm with a 2 hour maximum lim i t f o r r e n t a l b y t h e N o r t h S t a r s . As in the past, Sunday morning ice hours have b e e n s o l d o n a f i r s t c o m e f i r s t serve basis. The North Stars have, in the pas t , r a r e l y u s e d S u n d a y m o r n i n g s . If these Sunday mornings became in demand for u s e a g e b y t h e N o r t h S t a r s f o r p l a y o f f preparation, the demand for these hours would b e s o l e l y b y t h e N o r t h S t a r s , a s t h e youth hockey season would have been completed a p p r o x i m a t e l y 3 0 d a y s p r i o r t o t h e North Star's demand. Concerning weekday useage of the ice arena by t h e N o r t h S t a r s f r o m S e p t e m b e r 1 through October 15 from 8:00 am until 6:00 pm, i t s h o u l d b e n o t e d t h a t d u r i n g their fall training camp in 1983, the North St a r s d i d n o t u s e a l l t h e s e h o u r s available. Ice time during these weekday hour s i s n o t i n d e m a n d d u e t o t h e O c t o b e r 15th season start of youth hockey. Open Skati n g i s o f f e r e d b e t w e e n o r a f t e r N o r t h Star practice sessions whenever possible. As a review, it should be noted that any conte m p l a t e d e x p a n s i o n o f t h e E d e n P r a i r i e Community Center would be for the sole purpos e o f o f f e r i n g a d d i t i o n a l p r i m e t i m e ice hours during the peaks of the winter and s u m m e r s k a t i n g s e a s o n s , h u t n o t f o r any additional times that the North Stars are u s i n g o r h a v e r e q u e s t e d t o u s e . TO: TDRU: FROM: DATE: MEMORANDUM TO: The Mayor, City Council and City Manager THRUs Robert Lambert, Director of Community Services FROM: Charles Pappas, Community Center Manager/ April 21, 1983 Ice time useage & projected facility expansion -- In consideration of the 20 year lease agreement between the City of Eden Pra i r i e and the Minnesota North Stars, the following information will address the fo l l o w i n g : 1. Daily ice .time useage, attendance and income, Mondays, Wednesdays and Fridays, at the Eden Prairie Community Center. • 2.. Daily ice time useage and attendance, Monday through Friday, in area Arenas. 3. North Stars proposed addition in relation to any future facility expansion possibilites. Weekday open skating times are offered on Mondays, Wednesdays and Fridays f r o m 10:00 am until 1:00 pm. The highest monthly attendance averages are attributed to school holidays t h r o u g h - out the skating season. MEA Convention, Thanksgiving, Christmas and spring b r e a k s , teacher workshops and conference days. An example of this would be October, 1 9 8 2 . Although October, 1982 shows an average of 12.6 skaters per session or 4.2 s k a t e r s per hour, the following should be noted: • 1. The increased number was due to 2 Friday mornings, October 22 and 29. October 22 was the state MEA Convention and October 29 was a teacher works h o p day. School was not in session those days. . 2. Until the MEA Convention, average attendance was 4.56 people per session or 1.5 skaters per hour. The total number of sessions for the month was 13, with each session being 3 hours in length. The 4.56 average was through 9 sessions. Faced on this average, the average for the entire month would have been only 4.21 persons per session or 1.4 persons per hour. RIO following chart shows the Monday, Wednesday and Friday open skating results for 1 year. These sessions start at 10:00 am and end at 1:00 pm. The chart thowo the month, the total attendance -'including school holidays -, the num b e r Of hours of ice time, the average number of skaters per each 3 hour session, and the Pakimum amount of dollars per hour that could possihly be generated. DATE: SUBJECT: 1982 MON'1"H NUMBER OF ' SESSIONS TOTAL ATTENDANCE NUMBER OF HOURS OF ICE TIME AVERAGE NUMBER, OF SKATERS • PER SESSION AVERAGE NUMBER OF SKATERS PER HOUR mAxImmt possmt INCOME THAT COULD. BE GENERATED PER HOUR March April May June July August September October November December 1983 January February March 15 13 12 13 13 13 11 13 13 14 13 13 15 170 322 136 189 194 136 74 164 203 361 321 215 317 45 39 36 39 39 39' 13 39 39 42 39 39 49 11.3 24.7 11.3 14.5 14.9 10.4 6.7 12.6 .15.6 25.7 24.6 16.5 21.13 3.78 8.26 3.78 4.85 4.97 3.49 2.21 4.21 5.21 8.60 8.23 5.51 7.04 2.53 5.53 2.53 3.25 3.33 2.34 1.48 2.82 3.49 5.76 $ 5.51 $ 3.69 $4.72 THE NORTH, STARS WILL PAY $30.00/HR FOR THIS ICE TIME CURING TWIST YEAR OF THE CONTRACT. The maximum possible income that could be generated by these sessions was established by the following method: Attendance at these sessions consists of Adults, Students and members. Adult cost is $2.00, Student cost is $1.00 and Members are free with the purchase of a membership. To arrive at a maximum possible income rate, all attendance was figured at the Adult rate of $2.00 per 3 hour session. This breaks down to 67* per hour of ice time paid by each skater, an average of $3.61/hr, compared to $30.00/hr from the North Stars. The proposed North Star practice schedule requests 300 hours of ice time from approximately mid September through May. If approximately 160 hours of ice time are used from mid September to mid October, this will leave 140 hours to be used from mid October through May, or for approximately 33 weeks. If the average practice length is 2 hours, the North Stars would average 2.12 practice sessions per week. The following information is based on the North Star practice schedule for the 1981-82 season: 1. The North Stars averaged 1.71 team practices per week.. The team practiced 53 times in 31 weeks. 3. Of the 31 weeks, 21 weeks had zero, one or two practices per week. Eight area Arenas were surveyed for information to substanciate the limited participation in open skating sessions held during the days, on Monday through Friday. The Arena name, number of years in business, days, times, months and average attendance per session are listed on the enclosed survey. Every arena, without exception, stated that the most difficult daytime hours, Monday through Friday, to book or draw attendance to were from 8:00 am or 9:00 am until 1:00 pm or 2:00 pm. Their attendance for these open skate times, when offered, dropped most significantly in April., May, September and October. t. am pm am pm - 12 noon - 2:30 pm - 12:15 pm - 2:30 pm ioomington Ice Garden unsville Ice Arena 13 years 10 years 12 noon ..2:30 pm June - March June - March Nov - April Nov - April June - August Do not offer because of no attendance and cost factors T,W & Th 11:30 am - 1:00 pm Sept - April 5 m 11:30 am - 1:00 pm Sept - May M & W 11:00 am - 12:30 pm Oct-May 3 T & Th 12:30 pm - 2:00 pm Oct - May 3 LW & F 11:30 am 7 1:30 pm Oct - April 10 Th 9:00 am - 11:00 am Oct - Ari1 10 8 years 13 years 8 years 11 years 13 years ttace Grove Ice Arena innetonka Ice Arena ew Hope Ice Arena ichfield Ice Arena' t. Louis Park Recreation Center 4 4 7-8 7-8 778 ARENA AGE a 22 years PAYS ' TIMES. MONTHS Avg Att/tession:, T,Tn & F 10:30 am - 1:00 pm Sept - April ARENA :aemar Arena 10:30 12:30 10:15 12:30 The Minnesota North Star Organization has agreed to provide staff with a schedule of their anticipated training camp times and practices, throughout the year, by June or July. This will allow ample time to set the public skating session for the entire year. Other than training camp, which could possibly book all ice time from mid-September through early October from 8:00 am until 6:00 pm - our lowest attendance period, public skating days will be adjusted to different days and times with the primary emphasis being to maintain the 3 times per week average, over the entire year, that staff has already established. . Staff met with Mr. Gary Nyberg, the design architect of the Eden Prairie Community Center, to get an idea of a basic design layout for a projected expansion of the Community Center. The meeting revolved around the expansion of the entire facility - not just the ice arena. Mr. Nyberg has agreed to do a complete sketch work up and price estimates for such an expansion at no charge to the City. The attached diagram shows 'a basic layout of the facility. The dotted lines show a general idea of expansion possibilities in the areas of the swimming pool locker rooms and ice arena -- which include the proposed North Star addition. Mr. Nyberg's general idea of an expansion emphasises control, convenience and continuity of design. The addition of the North Star facility does not appear to have any adverse effect on any possible, future expansion of the facility, as shown on the diagram.. The arena locker room location and access appears to provide the needed control of a second facility as well as convenient hookups to sewer, water and electricity. '),/ EDEN PRAIRIE - COMMUNITY CENTER - E I 41 0 e I 1 1 1 4?. v I - — 0 I t cu+u t ' eacimrs • ucure ice arena 2. Alf ae 1IMI. NM • ea AND •••• OW :MD me pool \-11-11FL id) Lz,-' • • propose a AJd;+;." AGREEMENT THIS AGREEMENT, made as of the 6th day of December, 1983, by and between the City of Eden Prairie, a municipal cor- poration under the laws of the State of Minnesota, hereinafter called "City," and NORTHSTAR FINANCIAL CORPORATION, a corporation under the laws of the State of Minnesota, hereinafter called "North Stars". (This agreement is sometimes hereinafter called the "Agreement.") RECITALS 1. City is the owner of certain land situated in the County of Hennepin, State of Minnesota, more fully described in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the "land." 2. City constructed and there is situated on the land a building (the "Community Center"), more fully described in Exhibit B attached hereto and made a part hereof, in which is contained a swimming pool, an ice arena ("ice arena"), weight and exercise rooms, racquetball courts, concession facilities, and other rooms, offices, and facilities, hereafter called the "Community Center facilities." 3. The City Council has determined that the ice arena and certain portions of the land, including that which is the subject of the lease by City to North Stars hereinafter described ("leased land"), are not now, and will not, during the term of the lease described hereinafter, be fully utilized or needed, and to the extent that the ice arena and leased land are not and will not be fully utilized, the ice arena and leased land constitute unused surplus ice arena and land. 4. City desires to more fully utilize the ice arena and the leased land by entering into an agreement for the lease of the leased land to North Stars (the "land lease") and for the use of the ice arena by North Stars. 5. North Stars desire to enter into the land lease and to rent the ice arena during certain times more fully set forth herein. 6. In consideration of the land lease and the rental of the ice arena, North Stars propose to pay to City certain sums for rental of the ice arena and to construct on the leased land an addition to the Community Center for North Stars use and ownership during the term of the land lease but which, after expiration or termination of the term of the land lease, will be owned solely and wholly by City. The addition to be constructed by North Stars is hereinafter referred to as the "North Stars Addition." NOW, THEREFORE, in consideration of the mutual promises, covenants, provisions, and conditions hereof, it is agreed by and between the parties hereto as follows: ARTICLE I. LAND LEASE Section 1.1 Grant. In consideration of the payments, covenants, and agreements hereinafter on the part of North Stars to be observed and performed, including but not limited to the receipt of all right, title, and interest in the North Stars Addition and other property upon termination as provided in Article XIII hereof, City leases to North Stars and North Stars rent from City the leased land more fully described in Exhibit C attached hereto and made a part hereof. The use and occupation by North Stars of the leased land shall include the use in common with others entitled thereto of parking areas, service roads, sidewalks, and other facilities as may be designated from time to time by City, subject, however, to the terms and conditions of this Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by City (the "land lease"). Section 1.2 Term. The term of the land lease shall commence April 1, 1984, and shall, unless terminated sooner pur- suant to the provisions of this Agreement, continue for a period of twenty (20) years and end on March 31, 2004. Section 1.3 Use. The leased land shall be used by North Stars for construction thereon of the North Stars Addition to the Community Center described hereinafter and the occupation and use of the North Stars Addition as a locker and training room facility for the North Stars, National Hockey League, hockey club. North Stars may not use the North Stars Addition for any other use or purpose whatsoever without the express written per- mission of City, provided, however, North Stars may, without further permission from the City, permit visiting National Hockey League teams and the United States Olympic hockey team to use the - 3 - 401) - 4 - North Stars Addition and the ice arena, all in accordance with the terms and provisions of this Agreement. ARTICLE II. CONSTRUCTION Section 2.1 Plans and Specifications. North Stars shall at its sole cost and expense construct an addition to the Community Center referred to herein as the "North Stars Addition," and shall furnish and equip the same in accordance with plans and specifications to be prepared by Smiley, Glotter & Associates, or such other architect or architects to which City has consented in writing (the "architects"), which plans and specifications shall be provided by North Stars at its sole cost and expense no later than February 15, 1984. The North Stars Addition shall be of a size of 24' by 104'4" outside dimension, and shall be attached to the northwest side of, and shall be structurally and aesthetically similar to and compatible and integrated with, the Community Center. The North Stars Addition shall include showers, whirl- pool, lockers, training room, equipment, storage, and repair room and laundry area and office, and such other equipment and facili- ties as the North Stars reasonably determine are neceessary for a locker room and training facility. In the event the plans and specifications are not received by the City on or prior to February 15, 1984, and are not accepted in writing by City within thirty (30) days from receipt thereof, this Agreement shall be null and void and of no force and effect, and neither party shall have any rights against or obligations to the other as a result thereof, nor shall either party be entitled to any damages or payment for any costs incurred in connection with or pursuant to this Agreement or the subject matter contained herein. Section 2.2 Construction. Upon acceptance by City of the plans and specifications in accordance with Subsection 2.1 hereof, North Stars shall commence construction of the North Stars Addition by May 1, 1984, and shall complete such construc- tion of the North Stars Addition no later than September 1, 1984, all in accordance with the plans and specifications and such construction change orders as mutually approved by the City and the North Stars. Section 2.3 Payment of Labor and Materials. North Stars shall pay promptly, when due, for all materials and all labor used or expended in connection with construction of the North Stars Addition and provide to City copies of waivers of liens for labor and materials furnished or supplied in connection therewith. Section 2.4 Security. In order to insure completion of construction of the North Stars Addition and payment for all materials and labor expended in connection therewith and to secure performance of its obligations under this Article II, North Stars shall provide, prior to commencement of construction of the North Stars Addition, to City a bond, letter of credit or a cash deposit in the amount of 120% of the cost of construction of the North Stars Addition as estimated by the architects, naming the City, and such persons as City alone shall determine, - 5 as obligees under the bond or persons entitled to draw against the letter of credit or the cash deposit. Any such bond or letter of credit shall be provided by such surety or bank as is acceptable to City and such bond, letter of credit or any agree- ment relating to such cash deposit shall contain such terms and provisions and shall be in such form as is acceptable to City. Section 2.5 City's Right to Complete Construction. In the event North Stars fail to complete construction of the North Stars Addition within the time provided or to pay for all materials and labor used or expended in the construction thereof, City may, but shall not be required to, complete said construc- tion and pay for any such labor or materials, and in the event it does so, obtain reimbursement, of any amount expended, from the surety furnishing such bond or City may draw or apply funds deposited with it, pursuant to any such letter of credit or cash deposit for such purpose or purposes. City may, in the alter- native but shall not be required to, bring any action or actions which it deems desirable against the surety to compel completion of construction or payment of any sums for labor or materials. Section 2.6 Other Alterations by North Stars. North Stars shall not effect any structural changes or modifications to the interior of the North Stars Addition or any changes or modi- fications of any kind or nature to the exterior of the North Stars Addition without the express written consent of the City; provided, however, nothing contained herein shall prohibit the -6- North Stars from effecting non-structural changes or modifica- tions to the interior of the North Stars Addition, including but not limited to non-structural changes or modifications in the nature of repair and maintenance. Section 2.7 Additions by the City. The City shall have the right to construct additions or improvements to the Community Center across on or over the North Stars Addition, together with the right to attach, build on or over, or otherwise utilize any walls, roof, supports, or other structural elements of the North Stars Addition which are necessary for such construction or require changes in exits and entrances to or from the North Stars Addition in connection therewith, provided, however, any such construction shall be at the City's sole cost and expense; and provided, further, no such construction, addition, improvement, attachment, utilization, or changes shall adversely affect the North Stars Addition or its intended use. Section 2.8 Construction Staging Area. During the period of construction of the North Stars Addition, the City shall provide the North Stars with a license to store construc- tion materials and equipment in an area adjacent to the leased land, such area to be mutually agreed to by the North Stars and the City prior to commencement of construction. Section 2.9 Other Licenses and Easements. The City shall provide North Stars with such other licenses or easements as may be reasonably necessary to construct and operate the North Stars Addition in accordance with the plans and specifications - 7 - - 8 - approved by the City and this Agreement, including but not limited to, licenses or easements to use and attach to existing walls of the Community Center. North Stars shall pay any charges imposed by the Metropolitan Sewage Commission in connection with construction of North Stars Addition. ARTICLE III. UTILITIES, TAXES, MAINTENANCE AND REPAIRS Section 3.1 Utilities. The cost of utilities provided to the North Stars Addition shall be separately metered from uti- lities provided to the remainder of the Community Center. Based upon such separate metering, all utilities provided to the North Stars Addition shall be paid by North Stars. Section 3.2 Taxes. North Stars shall be responsible for and shall pay before delinquency all municipal, county or state taxes and special assessments levied or assessed during the term of the land lease against any leasehold interest or improve- ments to the leased land, including but not limited to the North Stars Addition or personal property of any kind owned by it or placed by it in, upon or about the leased land or the North Stars Addition. Section 3.3 Maintenance and Repair of North Stars Addition. North Stars shall at all times keep and maintain the North Stars Addition (including any wall or walls common to the Community Center and the North Stars Addition and all partitions, doors, glass, fixtures, equipment and appurtenances thereof, lighting, heating, electrical and plumbing fixtures and equipment and air conditioning system, and the exterior and interior parts thereof and the roof as well as structural and non-structural members) in good order, condition and repair at least equal to its condition upon completion of construction, reasonable wear and tear excepted. North Stars shall periodically clean and paint the interior and/or exterior of the North Stars Addition as often as shall reasonably be required by City. Section 3.4 Notice to Repair or Clean. In the event North Stars refuse or neglect to maintain, repair, or clean the North Stars Addition as provided herein, City may notify North Stars in writing of its obligation to maintain, repair, paint, and clean the North Stars Addition. Failure of North Stars to maintain, repair, paint or clean the North Stars Addition in accordance with such written notice within a reasonable time, but not to exceed 120 days from receipt thereof shall constitute an event of termination and result in the cessation and termination of the term of the land lease and of any other rights or privi- leges which North Stars, their agents or employees may have under this Agreement, and thereupon City may enter and absolutely possess the North Stars Addition. ARTICLE IV. INSURANCE Section 4.1 Insurance. (a) North Stars shall procure and maintain continuously in effect, with respect to the North Stars Addition, policies of insurance against such risks and in such amounts as are acceptable to City and are customary for a - 9 - prudent owner of property comparable to those comprising the North Stars Addition. Without limiting the generality of the foregoing provision, North Stars shall specifically maintain the following insurance: (1) Direct Damage insurance covering the following risks of loss: (i) Fire (ii) Wind storm (iii) Extended Coverage Perils (iv) Vandalism and Malicious Mischief (v) Boiler Explosion (but only if steam boilers are present) (vi) Water Damage (vii) Debris Removal (viii) Collapse On a replacement cost basis in the amount equivalent to the full insurable value thereof. ("Full insurable value" shall include the actual replacement cost of the North Stars Addition (exclu- sive of foundation and footings) and contents therein, including the fixtures and equipment, without deduction for depreciation, architectural, engineering, legal, and administrative fees.) Coverage prior to the completion of construction of the North Stars Addition shall be maintained on an "all-risk" builder's risk basis during the course of construction. The policies required by this subdivision may contain a deductibility provi- sion not exceeding $1,000.00. -10 - (2) Comprehensive general liability insurance against liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the condition of the North Stars Addition or the use by North Stars of the Community Center or any part thereof, in the greater amount of (i) $500,000 for all personal injuries and deaths and property damage resulting from any one accident on a combined single-limit basis, or (ii) the maximum limit of coverage provided by general liability insurance carried by the City from time to time, provided however, any insurance required by this Section 4.1(2)(ii) shall in no event exceed $10,000,000 increased on the fifth, tenth, and fifteenth anniversaries of this Agreement by multiplying $10,000,000 times a fraction the numerator of which shall be the "price index" for the calendar month of the com- mencement of this lease and the denominator of which shall be the "price index" for the month immediately preceding such anniver- saries. As used herein, "price index" means the "Consumer Price Index of Moderate Income Families in the City of Minneapolis," as published by the Bureau of Labor Statistics, United States Department of Labor. (3) Workers' compensation insurance. (4) Insurance against such other casualties and con- tingencies as City may from time to time reasonably require, if such insurance against such other casualties and contingencies is available, all in such manner and for such amounts as may be reasonably satisfactory to City. - 12 - (b) All Insurance required by Subsection (a) shall be effective under a valid and enforceable policy or policies, with terms acceptable to City, issued by an insurer of recognized responsibility approved by City upon submission of the policy or policies to City at least ten (10) days prior to the effective date or any renewal date as the case may be. (c) All policies of insurance required in Subsections (a) (1), (2) and (4) where appropriate, shall name City as an additional insured. The policies of insurance required under Subsection (a)(1), shall provide that the proceeds of such insurance shall be payable to City, provided, however, the City shall utilize and disburse the proceeds of such insurance as pro- vided in Section 10.1 hereof, and provided further, pending dis- bursement pursuant to Section 10.1, such insurance proceeds shall be placed in an interest-bearing escrow account upon terms and conditions satisfactory to City and North Stars. (d) North Stars shall deposit with City policies evi- dencing all such insurance, or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. Ten (10) days prior to the date the premiums on each such policy shall become due and payable, City shall be furnished with proof reasonably satisfactory to it of such payment. Each policy of insurance herein required shall contain a provision that the insurer shall not cancel, refuse to renew or materially modify it without giving written notice to City at least thirty (30) days before the cancellation, non-renewal or modification becomes effective. Before the expiration of any policy or Insurance herein required, North Stars shall furnish City with evidence satisfactory to City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article IV, or that there is no necessity therefor under the terms hereof. Section 4.2 Increase in Fire or Other Insurance Premium. North Stars agree that it will not keep or use in or upon the North Stars Additon any article which may be prohibited by the standard form of City's fire insurance policy relating to the Community Center, other than the North Stars Additon. Bills for such additional premiums shall be rendered by City to North Stars at such times as City may elect, and shall be due from, and payable by North Stars when rendered. In determining whether increased premiums are the result of North Stars use of the North Stars Addition or Community Center, a schedule, issued by the organization making the insurance rate on the Community Center, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Community Center. In the event North Stars use or occupancy causes any increase of premium for the fire, boiler, casualty or income loss rates on the Community Center or any part thereof, North Stars shall pay the additional premium on the fire, boiler, casualty or income loss insurance policies by reason thereof. -13- ARTICLE V. ACCESS BY CITY Section 5.1 City, its agents and employees shall have the right to enter the North Stars Addition at all reasonable times to examine and inspect the same from time to time provided, however, except in event of an emergency, any such agent or employee shall be accompanied by an agent or employee of North Stars. Nothing herein contained, however, shall be deemed or construed to impose upon City any obligation, responsibility or liability whatsoever for the inspection, care, maintenance or repair of the North Stars Addition or any part hereof. ARTICLE VI. RENTAL OF ICE ARENA Section 6.1 Times. Concurrently during the term of the land lease City shall let to North Stars at North Stars' request exclusive use of the ice arena for a maximum time of 300 hours per annum commencing in the year 1983. The time or times during which City shall rent the ice arena to North Stars pur- suant to this section shall be limited as follows: Week Days - 8:00 a.m. to 6:00 p.m. from September 1 through October 15; 10:00 a.m. to 2:00 p.m. from October 16 through April 30; Weekends - 8:00 a.m. to 12:45 p.m. and 4:15 p.m. to 7:45 p.m. from September 1 through October 15; 11:00 a.m. to 12:45 p.m. on Saturdays and 8:00 a.m. to 12:45 p.m. on Sundays fLom October 16 through April 30. (Provided, however, the time for which North Stars may rent the ice arena from the City on such Sundays shall be no more than two (2) hours per any single Sunday.) - 14- - 15 If North Stars shall notify City in writing prior to July 1 of each year the date, hours and times during which North Stars will rent the ice arena for each succeeding period beginning September 1 through April 30, provided, however: (a) North Stars may cancel, by written notice to the City delivered at least two (2) weeks prior to any weekend date or dates scheduled for use by North Stars as hereinabove provided, the rental and use of the ice arena for any such weekend date or dates and, if such scheduled use and rental is so cancelled, North Stars shall have no obligation or liability for payment of rent therefor; and (b) North Stars may cancel, by telephone notice given at least twenty-four (24) hours prior to any weekday date or dates scheduled for use by North Stars as hereinabove provided, the rental and use of the ice arena for any such weekday date or dates and, if such scheduled use and rental is so cancelled, North Stars shall have no obligation or liability for payment of rent therefor. Section 6.2 Rent. As and for rent for the hours and times for which North Stars notified City it will rent the ice arena and has not cancelled such time or times pursuant to Section 6.1 hereof, North Stars shall pay to City the following hourly rates for each hour of use of the ice arena: Years 1 - 2 $30. Years 3 - 5 $32.50 plus the product resulting from multiplying $32.50 times a percentage equal to the percentage of increase in the prevailing rate for electric utilities provided to City relative to the Community Center from April 1, 1984 to those applicable at March 31, 1987. Years 6 - 8 An amount equal to the hourly rate charged or established as a charge for use of the ice arena during those times set forth in Subsection 6.1 hereof under caption "Week Days" by Eden Prairie School District #272 High School Hockey team, Hockey Association of Eden Prairie or like persons at the beginning of year 6. Years 9 - 10 The rate charged in year 6 plus the product resulting from multiplying the rate charged in year 6 times a percentage equal to the percentage of increase in the prevailing rate for electric utilities provided to City relative to the Community Center from April 1, 1989 to those applicable at March 31, 1992. Years 11 - 20 An amount equal to the hourly rate charged or established as a charge for use of the ice arena during those times set forth in Subsection 6.1 hereof under caption "Week Days" by Eden Prairie School District #272 High School Hockey team, Hockey Association of Eden Prairie or like users. Notwithstanding the above rates, North Stars shall not at any time be charged for rent and use of the ice arena an hourly rate greater than the lowest rate charged to either Eden Prairie School District #272 High School Hockey team or the Hockey Association of Eden Prairie or like users. Section 6.3 Use and Fees. Use of the ice arena by the North Stars at the times specified in Subsection 6.1 herein shall be for the purpose of holding a training camp and for practices for the North Stars National Hockey League hockey club. During the training camp preceding the regular National Hockey League season, North Stars may charge and retain a spectator fee in the amount of $1.00 for adults and $.50 for children, provided, however, nothing contained herein shall be construed to require North Stars to admit spectators to its training camp or practices or intra squad games. Such fees may be adjusted after the third year as North Stars reasonably determine. Section 6.4 North Stars Option for Intra Squad Games. During the term of the land lease and commencing in the year 1983, North Stars shall have the right and option to rent and use the ice arena in addition to the times specified in Section 6.1 - 16 - hereof on two separate occasions each year for not more than three hours on each occasion. Such rental and use may be during times other than those specified in Section 6.1 hereof. The amount to be paid as rental by North Stars for use of the ice arena at times other than those specified in Section 6.1 shall be at such rent or rents then charged to other users of the entire ice arena during similar times. Exercise of North Stars' right and option to rent the ice arena during any period commencing September 1 through April 30 for times other than those set forth In Section 6.1, shall be by written notice to the City given not later than five (5) days in advance of the proposed rental and use by the North Stars. In the event the time or times proposed by the North Stars pursuant to this Section 6.4 interfered with another use by City or its lessee or user of the ice arena, City may, upon reasonable notice to the North Stars, provide use of the ice arena by North Stars for this purpose at such other time or times as is determined by City. Section 6.5 Use, Intra Squad Games. North Stars may use the ice arena during the times provided in Subsection 6.4 herein to play an intra squad hockey game. North Stars may charge fees for admission to each such game as it shall determine. Section 6.6 North Stars to Provide Personnel. At all times of North Stars' use of the ice arena during which spec- tators are present, North Stars shall provide all personnel required by City generally for events at which spectators are present. - 17 - 2 f4 Section 6.7 Failure to Provide Ice Arena. If at any time during the term of this Agreement, the City fails, for a period of 180 consecutive days or more occurring during any period of September 1 to April 30 during the term hereof to pro- vide the ice arena in good condition and repair in accordance with Section 6.1, and such failure is a result of any cause other than the damage or destruction of the Community Center, the North Stars may, for a period of one (1) year after the expiration of said 180 consecutive day period, elect to require the City to purchase the North Stars Addition at a price determined in accor- dance with Section 16.4 hereof. The North Stars may exercise the option herein provided for by written notice to the City deli- vered within said one (1) year period. Upon receipt of said notice, the City shall, within ninety (90) days of said receipt, purchase all of the North Stars' right, title, and interest in the leased land, the North Stars Addition, together with all fix- tures therein, and this Agreement in the manner set forth in Sections 16.2 and 16.3, and for the price set forth in Section 16.4. ARTICLE VII. USE OF COMMUNITY CENTER FACILITIES Section 7.1 Membership Privileges. In consideration of the construction of the North Stars Addition and its ownership by City upon expiration of the term hereof and subject to use thereof by North Stars during the term provided in the land lease, North Stars players, trainers and coaches shall have all of the privileges of a full individual member of the Eden Prairie Community Center without the payment of the annual membership fee, but subject to all of the rules and regulations relating to such membership including payment of all special or designated fees for use or uses of a specific facility or faciliites, pro- vided, however, the North Stars, its agents or employees, may reserve, upon thirty (30) days' written notice, the use of meeting room(s) in the Community Center for not more than one (1) day per month, and provided, further, the City will provide such additional meeting room(s) as North Stars may reasonably request if such room(s) are not otherwise scheduled for use. ARTICLE VIII. CONCESSIONS Section 8.1 City Has Exclusive Right to Sell Concessions. City maintains and operates in the Community Center facilities for the sale of and sells food, beverages, souvenirs, pennants, programs, mementos and like objects ("Concessions"). City shall have the sole right, in its sole discretion as to times, inclu- ding all such times as the ice arena or any other facilities in the Community Center are being used by North Stars, and types of concessions to be sold, to sell concessions in or about the Community Center. North Stars shall not be entitled to sell con- cessions of any kind within the Community Center, the North Stars Addition or on any part of the land. ARTICLE IX. ASSIGNMENT AND SUBLETTING - MORTGAGES AND LIENS Section 9.1 Assignment - Subletting. Except as here- - 19 - after provided, North Stars will not assign this Agreement or any right or rights hereunder in whole or in part, nor sublet all or any part of the leased land or the North Stars Addition without the prior written consent of City in each instance. The consent by City of any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. No assignment, underletting, or occupancy shall be deemed a waiver of this cove- nant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of North Stars from the further perform- ance by North Stars of covenants on the part of North Stars herein contained. Notwithstanding any assignment or sublease, North Stars shall remain fully liable on this Agreement and shall not be released from performing any of its terms, covenants and conditions. Notwithstanding anything contained herein to the contrary, the North Stars may assign its rights hereunder and in the North Stars Addition and leased land, to any successor-in- interest, whether by merger, transfer, or otherwise, who operates a National Hockey League franchise in the Minneapolis-St. Paul metropolitan area, and provided, further, notwithstanding any- thing contained herein to the contrary, North Stars may sublet or license, with or without charge, the use of the North Stars Addition to any visiting National Hockey League team or to the United States Olympic hockey team. - 20 - . 7)0) -21- Section 9.2 Mortgages, Encumbrances. North Stars will not mortgage, encumber or create or impose any security interest in or upon the leased land, the North Stars Addition or any fixture, equipment, or improvement therein or thereto or any interest created under this Agreement and will not suffer any thereon. Any lien imposed upon or created against the leased land, the North Stars Addition, any fixture, equipment or impro- vements therein or thereto or this Agreement shall be promptly satisfied and discharged by North Stars. ARTICLE X. DAMAGE OR DESTRUCTION OF NORTH STARS ADDITION Section 10.1 Damage and Repair. (a) Except as provided in Section 10.1(b), if the North Stars Addition shall be damaged or destroyed by fire, wind, the elements, unavoidable accident or other casualty, North Stars shall, at its own expense, cause such damage to be repaired with reasonable promptness. In such event, the proceeds of any insurance policy covering the North Stars Addition received by either party hereto pursuant to this Agreement shall be deposited in the escrow account provided for in Section 4.1(c) hereof and thereafter applied first to the payment of all costs for the restoration or repair of the North Stars Addition as the same are incurred, and thereafter any amount remaining shall be paid to the North Stars. In connection with disbursements from the escrow account provided for in Section 4.1(c) hereof, the City and the escrow holder may require, as a condition of disburse- ments, that satisfactory evidence be presented establishing that the disbursements requested are for the purpose of reimbursing North Stars for costs of restoration or repair incurred and paid or incurred and to be paid from such disbursement. During the period of repair and restoration, disbursements shall not be made more frequently than monthly. (b) If the North Stars Addition shall be damaged or destroyed by fire, wind, the elements, unavoidable accident, or other casualty, and in connection therewith the Community Center is also damaged or destroyed, the North Stars shall be relieved of any obligation to repair or rebuild the North Stars Addition unless and until the City notifies the North Stars of its intent to repair and rebuild the Community Center. If the City fails to deliver notice of its intent to repair and rebuild the Community Center or does not start such repair and rebuilding within 180 days after its damage or destruction, North Stars shall be relieved of all obligations and liabilities hereunder and thereupon the City shall purchase the North Stars Addition at a price determined in accordance with Section 16.4 hereof. Provided, however, if the City starts or apparently starts such repair and rebuilding within said 180 days but fails to deliver notice of its intent to repair and rebuild within said 180 days, North Stars shall likewise be relieved of all obligations and liabilities hereunder and thereupon the City shall purchase the North Stars Addition in accordance with Section 16.4 hereof if North Stars request from the City notice of intent to repair and - 22 - :).,:j0 rebuild and the City fails to provide such notice of intent within ten (10) days after such request. Purchase by the City shall occur within ninety (90) days of the expiration of said 180 day period or within ninety (90) days of notice from the City that it does not intend to repair and rebuild the Community Center. Such purchase shall be of all of the North Stars' right, title and interest in the leased land, the North Stars Addition, together with all fixtures therein, and this Agreement in the manner set forth in Section 16.2 and 16.3, and for the price set forth in Section 16.4. Upon purchase of the North Stars Addition pursuant to this Section 10.1(b), the City shall be entitled to any and all proceeds of insurance deposited in the escrow account provided for in Section 4.1(c) hereof. ARTICLE XI. CONDEMNATION Section 11.1 Damages. In the event the leased land or the North Stars Addition or any part thereof shall be acquired or condemned by eminent domain by any competent authority, the par- ties hereto shall be entitled to such damages as their interests may appear. Section 11.2 Termination of North Stars Rights. If all or any part of the leased land or the North Stars Addition shall be acquired or condemned by eminent domain and such taking or condemnation shall render the North Stars Addition unsuitable for the use of the North Stars, then the land lease shall cease and terminate as of the date of title vesting in such proceeding - 23 - and all of the rights and privileges of North Stars, its agents and employees, in the leased land, the North Stars Addition and this Agreement shall cease and terminate as of such date. ARTICLE XII. INDEMNIFICATION AND LIMITATION OF LIABILITY OF CITY Section 12.1 Indemnification. North Stars will indem- nify City and save it harmless from and against any and all claims, actions, damages, liability and expense of whatever nature or kind including, but not limited to, attorney's fees and costs, in connection with loss of life, personal injury or damage to property arising from or out of any occurrence in, upon or at the leased land or the North Stars Addition or the Community Center or any part thereof, occasioned wholly or in part by any act or omission of North Stars, its agents, contractors, employees, servants, customers or guests. In case City shall be made a party to any litigation commenced in connection with such loss of life, personal injury or property damage by or against North Stars or otherwise, then North Stars shall protect and hold City harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by City in connection with such litigation. North Stars shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by City in enforcing the covenants and provisions of this Agreement. Section 12.2 Limitation of Liability. City shall not be liable for any damge to property of North Stars, its agents, employees or guests located in the North Stars Addition or - 24 - within the Community Center, nor for any loss of or damage to any property of North Stars, its employees, agents or guests by theft or otherwise from either of such facilities. All property of North Stars, its agents, employees or guests, kept or stored in the North Stars Addition or in the Community Center shall be so kept or stored at the risk of North Stars only, and North Stars shall hold City harmless from any claims arising out of damage to the same. Any insurance policy insuring North Stars against any such loss shall contain a waiver of subrogation as to City. City shall not be liable to North Stars, its agents, employees, guests or invitees for any personal injury to any such person or persons occurring within the North Stars Addition. ARTICLE XIII. TERMINATION Section 13.1 Events of Termination. In addition to provisions in this Agreement relating to termination of the land lease, this Agreement or any rights and interests and privileges hereunder, upon the happening of any of the following events, all of the rights, title, interests and privileges of North Stars, its agents and employees in the land lease, the leased land, the North Stars Addition, and arising out of this Agreement shall cease and terminate. (a) Expiration of the term of the land lease on March 31, 2004. (b) Upon the damage to or destruction of the Community Center and the City fails to deliver notice of its intent to - 25 - repair and rebuild the Community Center within the time provided in Section 10.1(b) hereof (c) North Stars shall become insolvent or bankrupt or admit in writing its inability to pay its debts as they mature or makes an assignment for the benefit of creditors or applies for or consents to the appointment of a trustee or receiver for itself or for the major part of its property. (d) A trustee or receiver is appointed for North Stars or for the major part of its property and is not discharged within sixty (60) days after such appointment. (e) Bankruptcy reorganization, arrangement or insolvency proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the release of debtors are instituted by or against North Stars and are consented to or are not dismissed within sixty (60) days after such institution. (f) Any mortgaging, encumbering, assignment or subletting, expressly or by operation of law, of the leased land, the North Stars Addition or this Agreement by North Stars, contrary to the terms of this Agreement and without the express written consent of City, which mortgaging, encumbering, assign- ment, or subletting is not discharged or terminated within sixty (60) days after notice thereof from the City to the North Stars. (g) The breach of or default in any covenant, term or provision from the City to North Stars, or the failure to keep, observe or fulfill any condition of this Agreement by North Stars for a period of thirty (30) days after notice of such breach, - 26 - - 27 - default, or failure (or such longer period of time as may be reasonably required to cure such breach, default, or failure pro- vided North Stars have promptly and continuously attempted to so cure such breach, default or failure) unlers City has expressly waived any such breach or default in writing, either before or after the occurrence thereof. The waiver by City of any breach or default of any covenant, term, provision or condition shall not be deemed to be a waiver of such covenant, term, provision or condition or any subsequent breach of the same or any other cove- nant, term, provision or condition contained in this Agreement. No covenant, term, provision, or condition of this Agreement shall be deemed to have been waived by City unless such waiver is in writing. Section 13.2 Rights upon Termination. Upon any such termination, City shall have the sole right to occupy the leased land and the North Stars Addition and all right, title and interest in and to the North Stars Addition together with all fixtures and appurtenances shall be and become the sole property of City and North Stars shall have no interest therein whatsoever. ARTICLE XIV. CONDITION OF NORTH STARS ADDITION Section 14.1 Upon Termination or Purchase. Upon the City succeeding to all rights, title and interest in and to the leased land and the North Stars Addition upon the happening of an event of termination or upon the purchase of the North Stars - 28 - Addition by City pursuant to City's option in accordance with Article XVI herein, North Stars shall surrender, transfer and convey the North Stars Addition, in the same condition as it was upon completion of construction, except as altered or repaired with the written consent of City, reasonable wear and tear excepted, and shall surrender all fixtures and appurtenances in the same condition as they were when installed in the North Stars Addition, reasonable wear and tear excepted. ARTICLE XV. GOVERNMENTAL REGULATIONS - NO DISTURBANCES Section 15.1 Comply with Law. North Stars shall at its sole cost and expense comply with all requirements of all county, municipal, state, federal and other applicable governmental authorities now in force or which may hereafter be in force per- taining to the leased land, the North Stars Addition and the use of the Community Center and shall faithfully observe in the use of the leased land, North Stars Addition and Community Center all municipal and county ordinances and state and federal statutes now in force of which may hereafter be in force. North Stars, their agents, employees and guests shall observe all rules and regulations of City relating to the use and operation of the Community Center and the North Stars Addition. Section 15.2 Quiet Enjoyment. (a) North Stars shall not do or omit to do any act or thing which may disturb the quiet enjoyment of City or any other person in the Community Center or on the land. (b) Upon performance by North Stars of each and every covenant to be performed by it, the City covenants that North Stars shall have, hold and enjoy quiet possession of the leased land and the North Stars Addition. ARTICLE XVI. RIGHT TO PURCHASE Section 16.1 Option. During the term of this Agreement, City shall have the right and option to purchase all of the rights, title and interest of North Stars in the leased land, the North Stars Addition and this Agreement. The option may be exercised by City by giving notice in writing of such exercise to North Stars (the "Notice of Exercise"). The Notice of Exercise shall be given by registered mail with return receipt or in the manner of service of a civil summons in District Courts of the State of Minnesota. Section 16.2 Transfer of Rights. One year after receipt of Notice of Exercise from City and upon payment to North Stars by City of the amount provided in Section 16.4 hereof, North Stars shall sell, transfer and assign to City all of its right, title and interest in and to the leased land, the North Stars Addition, together with all fixtures therein, and this Agreement free and clear of any mortgage lien, encumbrance, security interest or right of any person in any thereof and thereupon shall surrender possession of the leased land to City and all rights and privileges of North Stars, its agents and employees arising from and under this Agreement shall thereupon cease and terminate. - 29 - Section 16.3 Documents. North Stars shall execute and deliver to City such written agreements, assignments or other documents to accomplish the sale, transfer and assignment to City of the interests and rights described in Section 16.2 hereof as City may request. Section 16.4 Computation of Sale Price. As and for the sale, transfer and assignment to City of North Stars rights, title and interests upon exercise of the option, City shall pay to North Stars in cash an amount (the "Purchase Price") deter- mined as follows: The cost of the North Stars Addition (determined in accordance with the provisions of Section 16.5 hereof), multiplied by a percentage, determined by dividing the whole number of years remaining in the term of the land lease (commencing April 1, 1984), one year after receipt of Notice of Exercise, by 20 (for this purpose a fraction of a year shall not count as a whole year), the product of which shall be the "Base Price." The Base Price shall be multiplied by 6% times the number of whole years since the later of December 31, 1983, or the date of occupancy of the North Stars Addition, the product of which shall be known as the "Carrying Cost." The Base Price plus the Carrying Cost together shall constitute the Purchase Price. The following is given as an example of the computation of the Purchase Price. $100,000 (cost of North Stars Addition) x 25% (the per- centage determined by dividing the whole number of years remaining in the term of the land lease (5 years] one year after receipt of -30 - - 31 - 2') ;0 Notice of Exercise by 20) = $25,000 (Base Price) + $22,500 (the Carrying Cost determined as follows: $25,000 x 6% x 15, the number of years since December 31, 1983 or the date of occupancy) = $52,500 (the Purchase Price). Section 16.5 Cost of North Stars Addition. The cost of the North Stars Addition shall be the actual cost of construction of the North Stars Addition together with the cost of the fix- tures and appurtenances contained therein and a part thereof and all of which shall be included in the plans and specifications. The actual cost shall be verified by deliverty to City of an affi- davit of an officer of North Stars setting forth the total cost and such detail and breakdown thereof as shall be required by City together with delivery to City of copies of documents, contracts, and such other forms as shall be requested by City relating to such cost. In no event shall the cost of the North Stars Addition include any costs incurred or amounts paid or payable by North Stars relative to legal, accounting, administra- tive or other costs for the time or expenses of any employee, officer or shareholder of North Stars. ARTICLE XVI/. Section 17.1 Entire Agreement. This Agreement and the Exhibits attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understand- ings between City and North Stars concerning the subject matter thereon and there are no covenants, promises, agreements, con- ditions, or understandings, either oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon City or North Stars unless reduced to writing and signed by them. Section 17.2 Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Agreement, then per- formance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Section 17.3 Notices. Any notice, demand, request or other instrument which may be or are required to be given under this Agreement shall be delivered in person or sent by United States certified mail, postage prepaid, and shall be addressed: To City at: City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 or at such other address as City may designate by written notice, To North Stars at: Northstar Financial Corporation 7901 Cedar Avenue South Bloomington, Minnesota 55420 or at such other address as North Stars shall designate by writ- ten notice. - 32 - )111) IN WITNESS WHEREOF, City and North Stars have signed and sealed this Agreement as of the day and year first above written. CITY OF EDEN PRAIRIE By Wolfgang H. Fenzel, Mayor By Carl J. Jullie, City Manager NORTHSTAR FINANCIAL CORPORATION By Its By Its STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Fenzel, the Mayor, and Carl J. Jullie, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1983, by and , the and respectively, or NORTHSTAR FINANCIAL CORPORATION, a Minnesota corporation, on behalf of the corporation. Notary Public - 33 - , f r) 1