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Home My WebLink AboutCity Council - 10/15/1996AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 15,1996 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIl/ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION MEETING HELD TUESDAY, OCTOBER 1,1996 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 1996 w. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN HILLS TOWNHOMES by Zachman Development Corporation. 2nd Reading of an Ordinance for Zoning District Change from Rural to RM-S.5 on 5.18 acres, Adoption of a Resolution for Site Plan Review on 5.18 acres and Approval of a Developer's Agreement for Eden Hills Townhomes. Location: Franlo Road, west of Eden Commons Apartments, south of Lund's Center. (Ordinance for Zoning District Change and Resolution for Site Plan Review) City Council Agenda Tuesday, October 15, 1996 Page Two C. RESOLUTION APPROVING FINAL PLAT OF STARING LAKE - PUL TE TOWNHOMES D. RESOLUTION APPROVING FINAL PLAT FOR IMPACT MARKETING ADDITION (located at the Southwest Quadrant of Baker Road and West 62nd Street) E. APPROVAL OF LAND ALTERATION PERMIT FOR 9500 DELL ROAD F. APPROVE CHANGE ORDER NO.1 FOR BIRCH ISLAND ACRES 2ND ADDITION, I.C. 96-5396 G. APPROVE INVESTMENT RETAINAGE AGREEMENT FOR WATER TREATMENT PLANT EXPANSION CONTRACT, I.C. 94-5350 V. PUBLIC HEARINGS/MEETINGS A. 1996 SPECIAL ASSESSMENT PUBLIC HEARING (Resolution) B. TIRES PLUS by Tires Plus. Request for PUD Concept Amendment Review on 15 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Continued from October 1, 1996 C. REISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR FOUNTAIN PLACE APARTMENTS PROJECT -PHASE I IN THE AMOUNT OF $20,900,000 (Resolution) D. REISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR FOUNTAIN PLACE APARTMENTS PROJECT -PHASE II IN THE AMOUNT OF $12,600,000 (Resolution) E. VACATION 96-07; VACATION OF DRAINAGE AND UTILITY EASEMENT IN RESEARCH FARM 3RD ADDITION (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS City Council Agenda Tuesday, October 15,1996 Page Three VIII. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. APPOINTMENT OF STUDENTNOUTH MEMBERS TO COMMISSIONS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Award Contract for Municipal Liquor Store No.4 (Resolution) E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Amendment to Contract for Architectural Services for Parks/Public Works Maintenance Facility. I.C. 96-5417 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT UNAPPROVED MINUTES .JOINT CITY CQlJNCllJENYIRONMENTAL & WASTE MANAGEMENT COMMISSION WORKSHOP MEETING TUESDAY,OCTOBER1,1~6 6:30 PM, HERITAGE ROOM IV 8080 Mitchell Road COUNCllMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfmnson, Jr. and Nancy Tyra- lAIkens COMMISSION MEMBERS: John Blankenship, Tarif Jaber, Sabina Kitts, Reed Larson, Rodney Miller, Rick Morgan, and Gordon Warner COUNCIL/COMMISSION STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson ROLLCALL Mayor Harris called the meeting to order at 6:45 p.m. Councilmember Tyra-Lukens was absent. Commission member Morgan was absent. I. INTRODUCTIONS ll. PRESENTATIONJSTATUS OF WORK PLAN A. Revisions to City Code Section 2.20 Commission Chair Warner said the Commission was given direction two years ago to focus on water quality and other issues. Kitts said the Commission is made up of environmental engineers, an environmental attorney and other technical individuals who are seeking to increase the level of interaction with other local groups in order to combine resources. Blankenship reviewed the draft version of Section 2.20 outlining the new duties proposed for the commission. He said this reflects things they currently are involved in. Harris asked when this will be coming to the Council. Dietz said the Council could add some comments before it goes to the City Attorney for his review. Harris thought it reflects the direction the Council wanted when the new members were appointed. Case asked how this differs from the role of the Parks, Recreation & Natural Resources Commission on the issue of water. Harris thought we may need to look at the Code as it relates to both commissions; however, she thought this relates to J CITY COUNCILIENVIRONMENTAL & WASTE MANAGEMENT COMMISSION WORKSHOP MINUTES October 1, 1996 Page 2 protection of water resources whereas the Parks Commission deals with use of water. Case liked the idea of this group taking more of the responsibility, and he suggested the issue of wetlands might belong more with this group than with Parks. Pidcock thought this group has more technical expertise to deal with enhancing water qUality. Case liked the fact that water quality resides with this group. Case thought we should review the duties of both Commissions in order to clarify that there is no duplication and asked that the Council receive information on the natural resources part of the Parks Commission's responsibilities when we review the final version of this code. Following a further discussion of the roles of this commission and the Parks Commission, Dietz cautioned against adding another stop along the development process. He thought the Parks Commission would probably set direction such as use of Round Lake whereas the Environmental & Waste Management Commission would get involved in developing a water quality plan. This group would also develop the public education process to get people to not use phosphorous fertilizers, etc. Harris thought there is a different level of review at the Parks Commission. Thorfinnson thought we need to make clear where the line is drawn, and he saw this commission as a resource or a group that community development can refer to. Dietz thought the Parks Commission is involved in protecting land, and this commission does not intend to get into that. B. Overvjew of 1996/1997 Objectives Work Piau Miller reviewed the water quality objective on the 1996/1997 work plan. They have developed a water quality brochure as part of their public education objective. They want to develop a Water Quality Plan for the City that will incorporate the Watershed Districts' 509 Plan. They also want to work with other City commissions to help protect the City's water resources. Kitts said they developed a community education packet and sent them out to those who participated in Spring Clean-Up Day. They are also given out in new homeowner packets. They provide environmental updates on the cable channel, are available to make presentations to schools and are developing a video about lawn care and the proposed new fertilizer ordinance. Warner said several Commission members are assisting with the design of the new educational section of the water treatment plant. They plan to provide an interactive educational experience that promotes water conservation and water quality. He said they tried to research other such facilities but it appears this will be the first of its kind. They hope to have the facility implemented by the fall of 1998. 2. CITY COUNCILIENVIRONMENTAL & WASTE MANAGEMENT COMMISSION WORKSHOP MINUTES October 1, 1996 Page 3 Harris thought this facility is one of the most exciting things that has been done and should be very popular with Eden Prairie residents and others. Kitts said they want to take a look at how the current waste collection is setup and see if people are satisfied with it. They would like to set up a citizen task force to investigate and come up with possible changes. They want to research other communities' recycling plans. Iaber reviewed the Commission's ongoing activities including the Environmental Quality Award to businesses in Eden Prairie, the BFI Community Clean Up/Drop Off Day, Earth Day, coordination with the Watershed District Citizen Advisory Committee, and seeding co-funding for environmental and waste management opportunities and outreach. m. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT A. Fertilizer Ordinance Larson said they addressed this issue primarily because of the increasing phosphorous levels in Staring Lake and Round Lake. They believe addressing the commercial fertilizer application businesses is a simple way to begin to attack the problem. The ordinance requires applicators to be licensed and requires them to do specific testing on lawns to determine if they need phosphorous fertilizer because this area is naturally high in phosphorous. They want to focus on residential homeowners as part of an educational effort. Dietz noted this is ready to go to the City Council after we have some feedback. The City Attorney has reviewed it. Thorfinnson asked how many commercial fertilizer applicators there are and how many residents use their services. Dietz said Rick Morgan was involved in the drafting of the ordinance and has some information on it; however, he was not able to attend the meeting tonight. B. Water Conservation Ordinance Larson said they are proposing a surcharge for excess water use because water is a precious resource and we need to start to preach the gospel of conservation. Thorfinnson asked if any other communities have a surcharge. Dietz was not aware of any that do. Larson said they want to have more aggressive ticketing of those who do not follow the watering rules. He said they will try to put together something on that and come back in the next couple of months with a proposal. CITY COUNCILIENVIRONMENTAL & WASTE MANAGEMENT COMMISSION WORKSHOP MINUTES October 1, 1996 Page 4 Harris has a great deal of interest in how we are educating residents because she has watched the lakes turn green every summer. She was concerned about how we could enforce both ordinances. Case liked the idea of a usage surcharge but thought we should review it very carefully. He thought we should keep the odd/even rule but find a way to enforce it. Dietz said we do put work into it. Enger suggested we might consider a system like NSP's off-peak time switch that would reward people for appropriate ways of watering. Jaber said they had a lot of discussion about the concept of a penalty versus a reward. Miller noted the $5 or $10 surcharge is not a large penalty. Dietz said a primary focus is to be able to use this as an educational process. They discussed having information on the bill that compared current water usage to last year and the dollar difference between the two amounts. Harri asked if we have any information that would allow us to guess what is being used for watering. Dietz said they discussed some type of program to look at past usage and compare it. Pidcock thought we could compare winter usage to summer usage and get a good estimate. Miller noted there usually is more regular usage in the summer months. Enger suggested establishing example houses around the community Miller said their educational material contains information on the number of gallons of water used by the typical family. Harris said they have developed a similar program in the medical services business where they included a comparison of service fees to participants that gave them the information and let the participants choose. IV. CITY COUNCIL FEEDBACK AND DIRECTION Harris said she was impressed by the work the Commission is doing and by the tasks set for the Commission in the next year. Pidcock hoped the commission will take some kind of formula into consideration when dealing with small companies. Warner said the Commission appreciates the help they receive from Gene Dietz as their liaison. v. ADJOURNMENT Mayor Harris adjourned the meeting at 7:25 p.m. 4 11[/3 UNAPPROVED MINUTES EDEN PRAmlE CITY COUNCIL TUESDAY, OCTOBER 1, 1996 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL Council member Tyra-Lukens was absent. 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thonmnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson I. APPROYAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XLA.l. 300-Year-OJd Oak Trees. Jullie deleted item D from the Consent Calendar. MOTION: Case moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM Shelly Formico, 7027 Woodland Drive, #8, presented a petition asking that unsafe playground equipment at her apartment complex be repaired. Lambert said the first step would be for City Staff to review the equipment and determine how safe it is. They would advise the property owner if it is found to be unsafe. He added he would caution against spending public money on private playground equipment. City Attorney Pauly noted there is a procedure we have used on other types of property that we might use if this is a dangerous condition. Harris asked Lambert and the Park & Recreation staff to investigate the situation and follow through with the apartment owner if the equipment is unsafe. ID. MINUTES A. .JOINT CITY COUNCIL/FLYING CWUD AIRPORT ADVISORY COMMISSION MEETING HELD TUESDAY, SEPTEMBER 17, 1996 I CITY COUNCIL MINUTES October 1, 1996 Page 2 MOTION: Case moved, seconded by Thorfinnson, to approve the Minutes of the Joint City Council/Flying Cloud Airport Advisory Commission meeting held Tuesday, September 17, 1996. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 1996 MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the City Council meeting held Tuesday, September 17, 1996. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET CANVASSING BOARD MEETING FOR TUESDAY, NOVEMBER 7, 1996, S:OO PM, CITY MANAGER'S OmCE C. RESOLUTION 96-166 APPOINTING STUDENT ELECTION .JUDGES FOR THE NOVEMBER s, 1996 GENERAL ELECTION D. FOUNTAIN PLACE APARTMENTS PROJECT PHASE I. Approval of Resolution Authorizing and Approving Execution and Filing of IRS Form 8038, and Amending the Interest Rate and Certain Other Provisions of the Documents Relating to the $20,900,000 Series 1987 Multifamily Housing Bonds (ITEM DELETED) E. DEN ROAD COMMERCIAL CENTER by City of Eden Prairie. Adoption of Resolution 96-167 for Site Plan Review on 1.76 acres. Location: Den Road and West 78th Street. (Resolution 96-167 for Site Plan Review) F. BENT CREEK COVE by Taurus Properties, Inc. 2nd Reading of Ordinance 41- 96-PUD-17-96 for PUD District Review on 2.5 acres and Zoning District Change from Rl-l3.5 to RI-9.5 on 2.5 acres and Approval of a Developer's Agreement for Bent Creek Cove by Taurus Properties, Inc. Location: Valley View Road and Howard Lane. (Ordinance 41-96-PUD-17-96 for PUD District Review and Zoning District Change) G. ST. ANDREW'S BLUFF by Jasper Development Corporation of Waconia. 2nd Reading of Ordinance 42-96 for Rezoning from Rural to RM-6.5 on 4.3 acres, Adoption of Resolution 96-168 for Site Plan Review on 4.3 acres and Approval of a Developer's Agreement for St. Andrew's Bluff for Jasper Development Corporation. Location: Baker Road at St. Andrew Drive. (Ordinance 42-96 for Rezoning from Rural to RM-6.S and Resolution 96-168 for Site Plan Review) 2 CITY COUNCIL MINUTES October 1, 1996 Page 3 H. MITCHElL BAY TOWNBOMES by Noecker and Associates. 2nd Reading of Ordinance 43-96 for Zoning District Change from RM-2.5 and R1-22 to RM-6.5 on 1.5 acres, Adoption of Resolution 96-169 for Site Plan Review on 1.5 acres and Approval of a Developer's Agreement for Mitchell Bay Townhomes. Location: Terrey Pine Drive. (Ordinance 43-96 for Zoning District Change and Resolution 96-169 for Site Plan Review) I. REALITY INTERACTIVE by Oppidan Investment Company. 2nd Reading of Ordinance 4O-96-PUD-16-96 for PUD District Review with waivers on 6.42 acres and Zoning District Change from Rural to 1-2 on 6.42 acres, Adoption of a Site Plan Review on 6.42 acres and Approval of a Developer's Agreement for Reality Interactive by Oppidan Investment Company. Location: Equitable Drive. (Ordinance 4O-96-PUD-I6-96 for PUD District Review and Zoning District Change and Resolution 96-170 for Site Plan Review) J. RESOLUTION 96-171 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT FOR CONSTRUCTION OF CSAH 62/ml01lDELL ROAD IMPROVEMENTS, I.C. 52-103 K. RESOLUTION 96-172 APPROVING FINAL PLAT OF RESEARCH ADDITION (located at the Southwest Comer of Eyina: Cloud Driye and Washin~on Ayenue) L. RESOLUTION 96-173 APPROVING FINAL PLAT OF MITCHELL BAY TOWNHOMFS Oocated south of Terrey Pine Drive adjacent to Mitchell Lake) M. RESOLUTION 96-174 APPROVING FINAL PLAT OF BEARPAm TOWNHOMES sm ADmTIQN MOTION: Pidcock moved, seconded by Thorfinnson, to approve items A-C and E-M on the Consent Calendar. Motion carried unanimously. v. PUBLIC HEARINGS/MEETINGS A. KOPESKY ADDITION by Wayne Kopesky. Request for Rezoning from Rural to Rl-13.5 on 5.32 acres and Preliminary Plat of 5.32 acres into 13 lots. Location: West 82nd Street. (Ordinance for Rezoning from Rural to RI-13.S and Resolution for Preliminary Plat) Continued from August 20, 1996 Jullie said proponent has requested a continuance of this Public Hearing. MOTION: Pidcock moved, seconded by Case, to continue the Public Hearing to February 4, 1997, per proponent's request. Motion carried unanimously. B. TIRES PLUS by Tires Plus. Request for PUD Concept Amendment Review on 15 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the CITY COUNCIL MINUTES October 1, 1996 Page 4 Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Continued from September 17, 1996 Jullie said proponent has requested a continuance of this Public Hearing. MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public Hearing to October 15, 1996, per proponent's request. Motion carried unanimously. C. mE HILLS OF EDEN PRAIRIE by Venku Corporation. Request for Zoning District Change from Rural to RM-6.5 on 14.84 acres, Site Plan Review on 14.84 acres and Preliminary Plat of 14.84 acres into 38 lots. Location: Bryant Lake Drive (Ordinance for Zoning District Change, and Resolution 96-175 for Preliminary Plat) Dave Pavelka, the proponent, reviewed the proposal for 37 rental townhomes. Enger said the Planning Commission first reviewed the proposal at their August 12, 1996, meeting and directed the developer to revise the plan to be consistent with the City's Comprehensive Guide Plan and to provide better transition to the Crowne Oaks development to the south. At the September 9th meeting, the Commission reviewed revised plans that incorporated the changes requested and reduced the number of units and voted unanimous approval of the revised plan, subject to the recommendations of the Staff Report of September 6, 1996. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the proposal at the September 16th meeting and recommended approval on a 6-0 vote, per the recommendations of the September 6 and September 12, 1996, Staff Reports. The Parks Commission commended proponent on the great plan and very low tree loss. Case asked how much we have impacted the wetland area by treating the storm water drainage. Lambert said he does not know the numbers but he was concerned that Crowne Oaks might have exacerbated the wetland's low-water condition. He thought this development might also affect the wetland. Alan Gray, Staff Engineer, said they haven't done a detailed analysis of the question in terms of annual volume of water we would expect through the area before and after the development; however, we have been in a very dry period and many of the wetlands in town are at levels similar to those in 1986-1987. He did not think this development will destroy the wetlands, but it may have some effect on the volume. Case asked if water in the NURP pond could be diverted back after treatment. Gray said the pond was moved to the opposite side of the project, and it would have to be pumped back to the wetland side. CITY COUNCIL MINUTES October 1, 1996 PageS There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 14.84 acres; to adopt Resolution 96-175 for Preliminary Plat approval of 14.84 acres into 38 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. CAMP EDENWOOD by Friendship Ventures. Request for Site Plan Review on 2 acres. Location: Indian Chief Road. (Resolution Site Plan Review) Mike Maile, Director of Development for Friendship Ventures, reviewed the proposal to build a 15,000 square foot dining hall and associated parking lot at Camp Edenwood. Enger said the project was reviewed by the Planning Commission at their September 9, 1996, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of September 6, 1996. There was some discussion that the original camp complex at Camp Edenwood may be eligible for designation as an historic site. Because of the issue of designation as an historic site, he said Staff recommends that Friendship Venture representatives meet with staff members to discuss alternative sites and to see what course of action should be followed with the construction of the facility. The Historic Preservation Commission (H.P.C.) should have an opportunity to review the project at their October 21, 1996, meeting, and make a recommendation regarding the proposal. Lambert said the Parks Commission reviewed the project on September 16, 1996, and recommended approval on a 5-0-1 vote with Jacobson abstaining. They also discussed the issue of designation as an historic site. He said Ed Stracke, president of Friendship Ventures, said there are not a lot of alternatives on this site, and they are not interested in maintaining the building as an historic site. They have been given some deadlines from the state health commission to upgrade the facility. He thought it was a good idea for the H.P.C. the project; however, he was not sure anybody will recommend preserving the site. Harris asked what the possibility is that it will really be designated as an historic site, and what opportunities exist for alternative use of the building if it were so designated. Maile said the maintenance of the building is far beyond their financial capabilities, and the Health Department has said they must upgrade the facility in order to continue operations. He said the building has changed from its original plan, and the cost would be very high to preserve building. They don't have a common area for kids to gather indoors if it rains. CITY COUNCIL MINUTES October 1, 1996 Page 6 Harris noted this is a community service and a community resource that serves individuals with disabilities. Maile said they have tried to minimize the tree loss in the plans and will replace the trees at 50% greater than requirements. He noted they have already received a $50,000 contribution for the project from the Eden Prairie Lions Club. Case asked who will own the building if Edenwood puts it up. Lambert said the City will technically own the building. They have had some discussions with the staff of Friendship Ventures and would like to reevaluate the lease agreement to make sure they have an extensive long-term lease. They want to get approval of the plans and then go out to raise funds for the building. Case asked what the terms of the lease are. Lambert said it is $1.00 for 30 years, and we are five or six years into the 30-year lease. City Attorney Pauly said the property must be used for these purposes, and, if not, it reverts back to Hennepin County. Lambert said our main goal for getting the facility was to provide a place for recreational use for the handicapped. Pidcock said she was not sure what the memo we received this afternoon from the State Historical Preservation Office means. Enger said he thought we have plenty of time to review this more thoroughly before construction begins, because the memo from the state means that this does need to go to the H.P.C. and receive their recommendation. Because there is no alternative site for the building, our recommendation may be to simply document the facility. Case thought it was important to have a buffer of a couple of weeks to allow review by the H.P.C., to allow John Gertz more time to connect, and to have more time to think about the tradeoffs of history versus the program this provides. He was concerned because this is one of the few buildings we have that qualifies for the National Registry. Harris noted the October 21st meeting of the H.P.C. falls within the timing of 2nd Reading so we could approve this tonight and have the additional input available prior to 2nd Reading. Thorfinnson then asked what we are proposing if it does qualify for historic designation and we are faced with leaving it there and building some place else or discontinuing the program. Case was not sure there isn't another alternative. Thorfinnson was also concerned about how we got through the entire process to this point if there was really an issue. Proponent has gone through the entire process and now needs to be able to raise funds. He asked how long this has been in the process. Enger said it has been about 45 days, and the identification of this as a possible historic site occurred as a result of the development review process. CITY COUNCIL MINUTES October 1, 1996 Page 7 Lambert said Staff has determined that we are looking at site plan review so there is no 2nd reading. We would be able to approve the plan or we could continue the hearing for two weeks. Pauly said approval will require four votes and, since it does not change the zoning district, it would not require a 2nd Reading. Case thought we will end up with the same plan; however, he wants to be able to go back and say we thoroughly researched the issue. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public Hearing to the first meeting in November. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, and Harris voting "aye." vn ORDINANCES AND RESOLUTIONS A. RESOLUTION 96-176 APPOINTING ELECTION .JUDGES FOR THE NOYEMBER S, 1926 GENERAL ELECTION MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-176 Appointing Election Judges for the November 5, 1996 General Election. Motion carried unanimously. VID. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADYISORY BOARDS & COMMISSIONS x. APPOINTMENTS XI. REPORTS OF OmCERS A. REPORTS OF CQUNCILMEMDERS 1. 300-Year-0Id Oak Trees Pidcock said she received a phone call about five very large oak trees being cut down in one area of the city. She said they had been red tagged to be preserved, and she wanted to know what the process is once they have been red-tagged. Lambert said that red tags indicate the trees are to be removed; however, the developer would have to replace any trees taken down in 7 CITY COUNCIL MINUTES October 1, 1996 Page 8 error. He said they can check the plan to see if they are taking down trees that should have been preserved. Harris asked Lambert to check into the issue to make sure it was not an error. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS Xill. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:40 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 10-15-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Pat Solie Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR (MULTI-FAMILY & COMM.) Arbuckle Construction, Inc. Central Roofing Company, Inc. Consulting Management Construction Hage Construction Company Integrated Construction Services, Inc. Schreiber Mullaney Construction Co., Inc. Zahl Equipment Company PLUMBING Bonfe's Plumbing New Mech Companies, Inc. Pipewright Plumbing Action/Direction: October 15,1996 1 GASFITTER New Mech Companies, Inc. HEATING & VENTILATING New Mech Companies, Inc. Total Refrigeration Systems, Inc. UTILITY INSTALLER Pipewright Plumbing EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10-15-96 SECTION: CONSENT CALENDAR ITEM NO. LV B I~------------------~r-------------------~-- DEP ARTMENT: Community Development Chris Enger Scott A. Kipp Requested Council Action: ITEM DESCRIPTION: EDEN HILLS TOWNHOMES The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to RM-6.5 on 5.18 acres; • Approve a Resolution for Site Plan Review on 5.18 acres. • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan 3. Developer's Agreement J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. EDEN IDLLS TOWNHOMES AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RM-6.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 15, 1996, entered into between Zachman Development Corporation and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and pUblication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 1996, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of October, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ------------------------~ 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. EDEN IDLLS TOWNHOMES AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SU1l1lllalY: This ordinance allows rezoning of land located at Franlo Road, west of Eden Commons Apartments, south of Lund's Center from Rural to RM-6.5 on 5.l8 acres; subject to the tenns and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean 1. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text ofthis Ordinance is available from City Clerk.) 8 Eden Hills Townhomes Exhibit A Legal Description (PARCEL 1) TH[ NORTH 146 fEET Of THE SOUTH 464 frET OF THE WEST JOO FEET OF mE SOUTHWEST QUN?TfR OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 1 t 6. RANGE 22. EXCEPT ROAD. (PARCEL 2) THAT PAR! OF THE WEST 300 FEET OF THE SOUTH J19 FEET OF THE SOUTHWEST QUARTER OF THE SOUTJ-i£A5T QUARTER OF SECTION 14, TOWNSHiP 116 NORTH. RANGE 22 WEST, OF THE: 5TH PRINCIPAL MERIDIAN, L YfNG NORTHfAST£RL Y OF FRANLO ROAD. /~.~ "'cr. 3) [t-'r.K .t:. L THAT PART OF THE EAST 735.0 F[ET OF THE WEST 435.6 F[ET OF THE SOUTH 4-64 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 116, RANGE 22, L YlNG NORT;"; OF li-jE ROAD. (PARCEL 4) rt1AT PART OF THE WEST 435.6 FEET OF THE SOUTH fi4.LF Of THE SOUTHWEST QUARTeR OF THE SOUTHEAST QUAftrER OF SECnO""': 14. TOWNSHIP 116. RANCE 22', L YINC NORTH OF THE SOUTH 464 F[ET THEREOF. TOTAL PROPt-RTY AREA: 225,4-67 SO. FT. OR 5.1 B ACf?ES f?OAD EASt:.AJ£NT AREA: 27, ge5 SO.' fT. OR 0.54 ACRES NET AREA : 197.482 SQ. IT. OR 4.53 ACf![S EDEN IDLLS TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN IDLLS TOWNHOMES BY ZACHMAN DEVELOPMENT CORPORATION WHEREAS, Zachman Development Corporation has applied for Site Plan approval of Eden Hills T ownhomes on 5.18 acres for construction of 21 multi-family units, located at Franlo Road, west of Eden Commons Apartments, south of Lund's Center to be zoned RM-6.5 by an Ordinance adopted by the City Council on September 17, 1996; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 26, 1996, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 17, 1996, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Zachman Development Corporation for the construction of2l multi-family units, based on plans dated September 10, 1996, between Zachman Development Corporation and the City of Eden Prairie. ADOPTED by the City Council on October 15, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT EDEN HILLS TOWNHOMES THIS AGREEMENT, made and entered into as of October 15, 1996, by Zachman Development Corporation, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to RM- 6.5 on 5.l8 acres, Site Plan Review on 5.18 acres, and Preliminary Plat of 5.18 acres into 21 lots for construction of a 21 unit townhome development, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning District Change, Resolution No. for Site Plan Review, and Resolution No. 96-164 for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated September 10, 1996, reviewed and approved by the City Council on September 17, 1996, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance. 4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN: A. FINAL GRADING AND DRAINAGE PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall implement the approved plan prior to, or concurrent with building construction. B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an Erosion Control Plan for the Property. The Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the approved plan prior to, or concurrent with building construction. 5. PROTECTION OF REMAINING TREES ON-SITE: Prior to grading permit issuance for the Property, Developer shall submit to the City Forester and receive the City Forester's approval of a plan depicting the construction grading limits on the property. Prior to the issuance of the grading permit, Developer shall install a construction fence at the drip line of all trees to be retained on the Property as shown on Exhibit B. Developer shall notify the City 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. 6. PRETREATMENT PONDS: Prior to final plat approval on the property, Developer shall submit to the City Engineer and receive the City Engineer's approval of plans and design information for all storm water quality facilities to be constructed; and receive City Engineer's approval of said plans. Developer shall implement the approved storm water quality facility plan concurrent with building construction. Upon completion of the housing construction and before the issuance of any certificate of occupancy, the Developer shall provide written verification to the City Engineer that the original design volume of the treatment pond to ensure that pond size has not diminished because of sedimentation/erosion and to restore original volume if sedimentation/erosion has occurred. 7 . REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and obtain the Chief Building Official's approval of, plans for demolition and/or removal of existing structures, septic systems, and wells on the Property, and for restoring the Property to grade. 1 -------------- Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1 ,000.00 to guarantee compliance with the approved plan. City agrees to return said certified check to Developer after it is verified by City that Developer has completed implementation of the approved plan. 8. DECLARATION OF RESTRICTIONS AND COVENANTS: Prior to release of the final plat, the Developer shall submit to the City Engineer, and obtain the City Engineers approval of the Declaration of Restrictions and Covenants for the Property which addresses vehicle access, maintenance of parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or owners within the development on the Property. Developer shall record said Declaration of Restrictions and Covenants in the Hennepin County Recorders-Registrar Office and submit evidence of recording to the City prior to the issuance of a building permit. 9. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property, together with samples of said materials and colors. Upon approval by the City Planner, Developer agrees to construct, or implement, the approved exterior materials and colors concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan concurrent with construction and in accordance with the terms and conditions of Exhibit C, attached hereto. 11. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Said plan shall include 430 caliper inches of nursery stock trees, and 80 caliper inches of wilding trees. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 12. SIDEWALK CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for a sidewalk to be constructed on the Property. Developer shall provide access easements, as determined by the Parks, Recreation and Natural Resources Director. Said sidewalk shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the north and east side of Fran10 Road as depicted in Exhibit B, attached hereto. Said sidewalk shall be seven (7) feet in width where the sidewalk extends along the existing wood retaining wall. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct said sidewalk concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. l3. FINAL ORDER NO. 96-20: Developer has obtained approval from the Board of Appeals and Adjustments for variances from City Code requirements within the RM- 6.5 District for lot size of less than 6,500 sq. ft. for Lots 2, 15, and 20 on the Property as depicted in Exhibit B, attached hereto. Said approval has been granted through Final Order No. 96-20, attached hereto, and made a part hereof. Developer agrees to comply with all requirements of said Final Order No. 96-20. Developer agrees to file Final Order No. 96-20 of the Board of Adjustments and Appeals on the Property at the Hennepin County RecorderlRegistrar prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of filing to the City. 14. PROTECTION OF SIGHT DISTANCE FOR FRANLO ROAD: Prior to final plat approval for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of a sight distance protection easement for the access into the Property, as depicted in Exhibit B. Said easement document shall prohibit the placement of any object within the easement area, including but not limited to structures, signs, earthen berms, plant material, landscaping, or vegetation other than sod. It shall also prohibit any change in the grade of the Property within the easement area after site construction. Easement document shall include for maintenance of the easement area as part of the overall maintenance of the development on the Property, and not permit the growth of any vegetation within the easement area above 6 (six) inches in height. Developer shall record said sight distance protection easement in the Hennepin County Recorders-Registrar Office concurrent with the final plat, and submit evidence of recording to the City prior to the issuance of a building permit. 10 EDEN HILLS TOWNHOMES OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ZACHMAN DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of October 15, 1996, by and between Almeda Karsko, an Individual, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. , changing the zoning of the Property owned by Owner from the Rural District to the RM-6.5 District, and Resolution No. __ for Site Plan Review, and Resolution No. 96-164 for Preliminary Platting, as more fully described in that certain Developer's Agreement entered into as of October 15, 1996, by and between Zachman Development Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Zachman Development Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of the Rezoning, Site Plan Review, and Preliminary Platting identified above, thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the tenns of the Developer's Agreement. II e EDEN HILLS TOWNHOMES OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ZACHMAN DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of October 15, 1996, by and between Kenneth and Rita Nygaard, husband and wife, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. ,changing the zoning of the Property owned by Owner from the Rural District to the RM-6;5 District, and Resolution No. __ for Site Plan Review, and Resolution No. 96-164 for Preliminary Platting, as more fully described in that certain Developer's Agreement entered into as of October 15, 1996, by and between Zachman Development Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Zachman Development Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of the Rezoning, Site Plan Review, and Preliminary Platting identified above, thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. 12 , EDEN HILLS TOWNHOMES OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ZACHMAN DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of October 15, 1996, by and between Ronald and MaIjorie Rishauy, husband and wife, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. , changing the zoning of the Property owned by Owner from the Rural District to the RM-6:5 District, and Resolution No. __ for Site Plan Review, and Resolution No. 96-164 for Preliminary Platting, as more fully described in that certain Developer's Agreement entered into as of October 15, 1996, by and between Zachman Development Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Zachman Development Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of the Rezoning, Site Plan Review, and Preliminary Platting identified above, thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. 13 .. EDEN HILLS TOWNHOMES OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ZACHMAN DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of October 15, 1996, by and between Charles and Carol Blesener, husband and wife, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. , changing the zoning of the Property owned by Owner from the Rural District to the RM-6.5 District, and Resolution No. __ for Site Plan Review, and Resolution No. 96-164 for Preliminary Platting, as more fully described in that certain Developer's Agreement entered into as of October 15, 1996, by and between Zachman Development Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Zachman Development Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of the Rezoning, Site Plan Review, and Preliminary Platting identified above, thus restoring the existing status of the property before this project was approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. DATE: 10/15196 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ]Y. C - SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Staring Lake Townhomes Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Staring Lake subject to the following conditions: • Receipt of engineering fee in the amount of $17,920 • Receipt of street lighting fee in the amount of $5,955 • Receipt of street sign fee in the amount of $598 • Receipt of warranty deed for Outlot B - • The requirements as set forth in the Developer's Agreement Overview: This proposal is the final plat for the Pulte Townhome project located at the southwest comer of Anderson Lakes Parkway and TH 169. The plat contains 88.5 acres to be divided into t38 townhouse lots, two outlots and right-of-way dedication for street purposes. Outlot C which lies easterly of Columbine Road is owned by Value Vision Intematonal and will be developed at some future date. Outlot B is a NURP pond area and is intended to be dedicated to the City. Outlot A contains 104 townhouse units to be located within four-plex buildings. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed August 6, 1996, with a Phase II and Supplemental Agreement approved September 17, 1996. JJ:ssa cc: Jim Baruth, Pulte Homes Hedlund Engineering CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF STARING LAKE TOWNHOMES WHEREAS, the plat of Staring Lake Townhomes has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Staring Lake Townhomes is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 8, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 15, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk ci ,Z U a c ci z U a c g iii i I • " Z I ~:::~ "'-------- I!I .. i II i ~ I:i II J: VI .... tJ :51 N '0 0 ~I l-N I:i II ~ . ~! .... " 0 0 VI DATE: 10/15196 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: I V JJ SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Impact Marketing Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Impact Marketing Addition subject to the following conditions: • Receipt of engineering fee in the amount of $602 • Receipt of contribution to storm water utility fund in lieu of construction of on-site NURP pond • The requirements as set forth in the Developer's Agreement Background: This proposal, located at the southwest comer of Baker Road and County Road No. 62, contains 6.02 acres to be divided into two lots. The preliminary plat was approved at the City Council meeting held April 16, 1996. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed September 3, 1996. JJ:ssa cc: HTPO John Stedman CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF IMPACT MARKETING ADDmON WHEREAS, the plat of Impact Marketing Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Impact Marketing Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 3, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 15, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2.. ;- i (/I IMPACT MARKETING ADDITION i~D. NC. '\ \..O~ l '" .,. z o .. 5 '\ I ~ ~ 5 -, S "8',]l'3,.-J N L S\..OG J ~ "07 T ~ -H!:!£!r!. -'oo:/"_ : - ---- ---- --_. 7~OO---- _ __ _ _ _ ~_ '-ORAINAGE AND Ul1UT'I" [A$OoIENT -g \.:~; _ OF oo1\.OT' :~ 89'50'12" e: ST • ..IOMN'S WOOO ~;i. TH(: BASIS OF BEARINGS IS ASSUWED o 00'OTE5 IftON MONUW[NT I 699.74 I , ~ NORnot LINE 0" OU1\.OT " ST. JOHN'S WOOO o ~ , ... R. T. DOC. NO. N ~ ..... .. , ... i 50 '00 '50 1.r'b Hansen Thorp ~ Pellinen Olson Inc. .,"~.,..,..,.. ........... ArctlrtICl' "., OJt'tc. fidoIo Orct. £ ..... , ............ '534011-... . c4&,l:) H9-t7. F.u. c61l' ."..,... DATE: 10/15196 EDEN PRAIRIE CITY COUNCn.. AGENDA ITEM NO: 1JJ.E SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Land Alteration Permit for 9500 Dell Road Jeffrey Johnson Recommended Action: Staff recommends that the City Council approve the request by Todd Ingram for a Land Alteration Permit at 9500 Dell Road subject to the submittal of a final grading permit approved by the City Engineer and permit special conditions. Staff also recommends that the grading plan be revised to set the grading limits to 20 feet inside the property, thereby allowing buffer area between adjoining properties. Background: Todd Ingram has requested Council approval of a land alteration permit to place approximately 10,000 cubic yards of fill at the above mentioned property. Mr. Ingram has purchased this property and the land alterations would be in preparation for building a home next spring. Last week, staff mailed 20 notices to adjoining property owners, notifying them of this proposal. To date, (October 8, 1996) one property owner has called requesting additional information or clarification as to the proposal. This request has gone before the Riley Purgatory Bluff Creek Watershed District for a permit on October 2, 1996. No other agency approvals are required. Please refer to the attached materials for additional information. DATE: 10/15/96 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: 1J/. F DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5396 Engineering Division Approval of Change Order No. 1 for Birch Island Acres 2nd Addition David Olson Recommended Action: Motion to approve Change Order No. 1 for Birch Island Acres 2nd Addition Overview: This Change Order includes the following additions: 1. Removal and disposal of tree stumps 2. Revision to concrete curb and gutter 3. Additional costs for locating a watermain stub Financial Issues: This Change Order creates a net increase of $4,807.61 to the construction contract. We recommend approval of Change Order No.1 in the amount of $4,807.61 to Bonine Excavating, Inc. CHANGE ORDER #1 Date: To: City Improvement Contract #: Project Name: Contractor: Engineer: Nature of Changes: 9-26-96 City of Eden Prairie 96-5396 Birch Island Acres 2nd Addition Bonine Excavating Hansen Thorp Pellinen Olson, Inc. I . Remove and dispose of tree stumps under outlet structure and 2 lengths of pipe. 2. Install 983 LF of B618 curb & gutter in lieu of Eden Prairie mountable curb per City of Eden Prairie. 3. Additional time (4 112 hours) needed to locate watermain stub at east end of project. Contractor could not locate from City locations in field. Adjustment to Contract Price: 1 . Add labor and material costs, lump sum: $ 1,035.76 2. Add labor and material costs, 983 LF @ 0.81 per foot $ 796.23 3 . Add labor and material costs, lump sum: Summary of Contract Changes: $ 2.975.62 $ 4,807.61 Contract Amount prior to Change Order #1: $132,783.57 Net Increase resulting from Change Order #1: $ 4,807.61 Current Contract Amount including Change Order #1: $137,591.18 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson. Inc. By -J:hJ~ I City of Eden Prairie By ____________________________ _ Date _--..:C)~. ,_3(,1-_"-.:~ ___ _ Date _____________________ _ THE ABOVE CHANGES ARE ACCEPTED: ::nt~ Date 'f~D' 16 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10/15/96 SECTION: Consent Calendar ITEM NO: 'IV. G. DEPARTMENT: 1 ITEM DESCRIPTION: Engineering Divtn Water Plant Expansion Contract Gene Dietz !J ~. Investment Retainage Agreement -I.C. 94-5350 II Recommended Action: Staff recommends approval and authorization for the Mayor and City Manager to execute an Investment Retainage Agreement with Knutson Construction Company in lieu of a five percent retainage from progress payments made for the Water Treatment PlaritExpansion project. Background: State Statutes provide that public entities shall retain five percent of payments due a contractor until project completion and finalization. However, in the early 1980's the Statutes were changed to allow a mechanism whereby the contractor could substitute certain securities in lieu of this five percent retainage. The purpose of the retainage is to ensure final completion of a contract. The attached agreement, in strict accordance with Minnesota Statute 15.73, outlines the mechanism whereby the City will have access to these securities in fundamentally the same way that we would be allowed to control a five percent retainage. The purpose of the law is to allow the contractor the opportunity to earn interest on the five percent retained amount and yet provide proper security to the public entity for contract performance. Although these statutory provisions are available for all of our public contracts, it only comes into play on larger valued contracts that have an extended contract. In the case of the Water Plant Expansion project, the project will run for over two years and five percent of the total contract price will be over one million dollars. Therefore the contractor wishes to exercise this option in accordance with the attached agreement. The city attorney's office participated in the preparation of this document and staff recommends approval of the agreement. INvESTMENT RETAINAGE AGREEMENT THIS INVESTMENT RET AINAGE AGREEMENT ("Agreement") is made and entered into as of the Fourth day of September, 1996 and by and between: ,::C:.:..:ITY:....:..-:O:::.,:F:....;E::::D:::.,:E:::.N..:....;P:....:RA:.::...:.:,IRIE:.=. _________ (the "Owner"), KNUTSON CONSTRUCTION COMPANY, (the "Contractor"), and FIRST BANK NATIONAL ASSOCIATION, a national banking association (the "Bank"). RECITALS WHEREAS, the Owner and the Contractor have executed a contract dated August 2, 1996, for the Water Treatment Plant Improvements, City Project Number 94-535 (hereinafter referred to as the "Co~tract"); WHEREAS, the Contract provides that the Owner shall reserve as retainage an amount equal to five percent (5%) of progress payments due on the Contract pursuant to the provisions of Minn. Stat. §§ 15.71 -15.74; WHEREAS, the Contractor desires to avail itself of the deposit provisions of Minn. Stat. § 15.73, and WHEREAS, the Owner, the Contractor and the Bank mutually desire to enter into this Agreement in order to implement the statutory provisions. AGREEMENTS: Now, therefore, in consideration of the foregoing and the mutual covenants and promises contained herein, the parties agree as follows: 1. The Contractor designates the Bank as its agent and custodian to care for and service any securities or bonds deposited by the Contractor pursuant to this Agreement and Minn. Stat. §§ 15.73. 2. Whenever the Contractor elects to substitute securities for all or any part of the amount which has been retained by the Owner from partial payments made to the Contractor pursuant to the Contract, the Contractor shall deposit such securities with the Bank to be held by the Bank in an account in the name of the Contractor, designated Knutson Construction Company & City of Eden Prairie (the "Account"), ac~ording to the terms of this Agreement and for the benefit of the Owner. The Bank shall notify the Owner and Contractor of the amount and type of all security transactions made in the account. Upon receipt of this notification from the Bank, the Owner shall immediately release to the Contractor cash retainage up to an amount equal to the amount of securities held in the Account. 3. The Contractor shall have the right at the maturity of a particular security to direct the Bank to change the investment of funds in such security to another security as long as all securities comply with the requirements of Paragraph 8 of this Agreement. All such securities shall· be purchased in the name of the Contractor, shall be held by the Bank in accordance with this Agreement and shall be held by the Bank for the benefit of the Owner in lieu of retainages held by the Owner under the Contract. The Bank may trade with itself or any affiliate for the purchase or sale or the conversion at maturity of the securities described in Paragraph 8 below, and the Bank shall not be liable for any loss resulting from any such investment. In the event of any loss in value of the securities held in the Account, the Contractor shall immediately deposit with the Bank in accordance with Paragraph 2, securities with a value at least equal to the amount of such loss in value of the securities. 4. The Contractor has assigned to the Owner the securities and the Account to secure performance under the Contract pursuant to that certain Assignment of even date herewith (the "Assignment"), and the Owner has delivered the Assignment to the Bank. 5. The Bank agrees to hold all purchased or deposited securities in the Account and to hold the Assignment pursuant to this Agreement until such time as the Owner either (a) gives the Bank written authorization, in the form of EXHIBIT A, attached to this Agreement, to deliver all or a portion of the securities to the Contractor, or (b) requests delivery of the securities and the Assignment to the Owner by delivering to the Bank a written request in the form of EXHIBIT B, attached to this Agreement. The Bank shall have no duty to inquire into the authenticity of such instructions or the authority of any person signing the instructions. With regard to clause (b) above, the Bank shall have no duty to inquire into any default under the Contract but shall only have the duty to immediately deliver to the Owner the securities and the Assignment. 6. The Bank shall not be bound by any agreement, including the Contract, between the Contractor and the Owner regardless of whether the Bank has knowledge of the existence of such agreement. The Bank's only duties or responsibilities shall be to hold, invest, and release the securities in the Account in accordance with the terms of this Agreement. The Bank shall not be liable for any loss or damage suffered by the Contractor or the Owner except as caused by the Bank's negligence or willful misconduct. In no event shall the Bank be liable for any indirect or consequential damage or loss of profit, even if the Bank had notice of the possibility of such damage or loss. The Contractor shall indemnify and hold the Bank harmless from any claim, loss or damage arising out of this Agreement. This liability and indemnity provision shall survive termination of this Agreement. 7. For purposes of this Agreement, only the term "securities" shall be of a character described in Minn. Stat. § 15.73, Subd. 3, to~wit, approved by the State Treasurer, including: r 2 a) Bills, certificates, notes or bonds of the United States; b) Other obligations of the United States or its agencies; c) Obligations of any corporation wholly owned by the federal government; or d) Indebtedness of the Federal National Mortgage Association. 8. The Bank shall notify the Contractor and the Owner of any levy or claim made on the Account by third parties. 9. All interest income paid on any securities deposited pursuant to this Agreement shall be collected on a regular basis by the Bank, and said amounts shall be the property of and be paid, when and as collected, to the Contractor, less reasonable custodial care or service costs charged for such service. These costs shall be the responsi.bility of the Contractor. 10. The Owner and the Contractor agree that this Agreement shall in no way infringe on or restrict the rights of the Owner or the Contractor under the Contract. 11. Any notice given by any of the parties hereto shall be sufficient when made in writing and delivered in person or sent by registered mail or certified mail, return receipt requested, to the address set forth on the signature page or to such other address as the respective parties may hereafter designate. 12. The Bank is not a party to nor bound by an instrument other than this Agreement and shall not be required to take notice of any default or any other matter, not be bound by, nor be required to give any notice or demand, not be required to take any action whatever except as expressly provided herein. 13. This Agreement shall be governed by the internal laws (but not the conflict of laws) of the State of Minnesota. 14. This Agreement shall be effective on the date it is executed by the parties hereto and shall remain in full force and effect until all of the securities deposited herein have been delivered to the Owner or the Contractor. 15. The Bank may resign upon thirty (30) days advance written notice to the parties to this Agreement. If a successor agent is not appointed within the thirty day period, the Bank may petition any court of competent jurisdiction to name a successor. 16. The Owner may recover any additional costs it incurs as a result of the Contractor depositing bonds or securities in lieu of retainage by deducting said additional costs from the final payment due under the Contract. The Owner agrees to inform the Contractor of all additional costs as they are incurred. 3 ) IN WITNESS WHEREOF, the parties have executed this Agreement the date and year above written. By: KN~ CONSJ?{CfION COMPANY \bl Its: Address: 5500 Wayzata Boulevard, #300 Minneapolis, Minnesota 55416 CITY OF EDEN PRAIRIE By: Its: ,MA'to2- Address: 80pp MIre-HE«.,. ~OA.O By: C;)EU P~Il.IE ~,,.JNIJ5tSTAr ~S~'1i.1-ZUO I Its: C Iry MA-NA~ Address: By: Its: Address: 601 Second Avenue South Minneapolis, Minnesota 554C6A302 Attn: Carol Presinger 4 s IRREVOCABLE ASSIGNMENT AND POWER OF A TIORNEY To WHOM IT MAY CONCERN: For value received, the undersigned, having the full authority of its Board of Directors to execute this instrument and thereby bind Knutson Construction Company does hereby sell, assign and transfer to City of Eden Prairie , a body corporate and politic of the State of Minnesota having the federal tax ID ------------------------the following securities: All those securities held by First Bank National Association in Account Number __ 304901 owned by Knutson Construction Company and held for the benefit for City of Eden Prairie pursuant to an Investment Retainage Agreement, dated September 4, 1996 , together with all additions and substitutions thereto. The undersigned on behalf of the Contractor does hereby irrevocably constitute and appoint Peggy Schaefer as attorney to sell and transfer the above-described securities. Dated: __ ct-t/---"c}yf....:;'T..:;;.<.. ____ _ KNUTSON CONSTRUCTION COMPANY By: Controller I BOARD AUTHORIZATION AND VERIFICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) I, the undersigned, being the President of Knutson Construction Company, hereby certify that I am well acquainted with Michael Wolf , and with his/her signature; that the said person is the Controller ,and has executed Irrevocable Assignment and Power of Attorney with the full authorization of the Board of Directors of Knutson Construction Company and thereby may bind the Corporation thereto. Dated: ~14h\. p,~ CJ: ~~ dJ~ &yu-'hu-, ~ ~ @'JANYCEDIANEERMISCH aI NOTARY PUBUC. MINNESOTA ANOKA COUNlY My CommIIIIon ElqIha ... at, 1000 5 EXHIBIT A Letter Authorizing Release of Securities to Contractor FIRST BANK NATIONAL ASSOCIATION 601 Second Avenue South Minneapolis, Minnesota 55406-4302 Attn: Carol Preisinger Re: Investment Retainage Agreement Between: [Owner],' ------~~--------------------------------' Knutson Construction Company, [Contractor], and First Bank National Association [Bank]. Dated: Dear Sirs: You are hereby authorized and directed to immediately release to Knutson Construction Company securities in the amount of $ ________________ being held by you for the benefit of_ [Owner] pursuant to the captioned Investment Retainage Agreement. Sincerely, Dated: -----------------------[Owner] By: Its: cc: Knutson Construction Company 6 1 EXHIBITS Letter Demanding Release of Securities to _______________ [OWNER] FIRST BANK NATIONAL ASSOCIATION 601 Second Avenue South Minneapolis, Minnesota 55406-4302 Attn: Carol Preisinger Re: Investment Retainage Agreement Between: Dated: :-:-__ ~-----=---_____:=_=_--_____::_____:_-[Owner), Knutson Construction Company, [Contractor], and First Bank National Association [Bank]. Dear Sirs: The undersigned, a duly authorized agent of __________ (the "Owner") hereby certifies as follows: 1. Knutson Construction Company has defaulted in the performance of its contract with Owner dated for the -----------------------------------[Project]. 2. The Owner has notified the Contractor of its default and the intention of the Owner to request that the securities held by the Bank be immediately turned over to the Owner pursuant to the Investment Retainage Agreement. 3. The Owner is entitled to immediate possession of the SeCUrities deposited by Contractor with First Bank National Association in lieu of retainage on the Contract. You are authorized and directed to immediately deliver to the Owner (a) all securities held by you pursuant to the captioned Investment Retainage Agreement, and (b) the Assignment as defined in the Investment Retainage Agreement. Sincerely, Dated: ------------[Owner] By: Its: cc: Knutson Construction Company 7 DATE: 10/15196 EDEN PRAIRIE CITY COUNCIL AGENDA V.A. ITEM NO: SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division Special Assessment Hearing for the Approval of the 1996 Special Jim Richardson Assessments (published 09/26/96) Recommended Action: Approval of all Special Assessments presented in the Fall of 1996. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 1996. To the first installment shall be added interest on the entire assessment from November 1, 1996 until December 31, 1996. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 1997. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No. 96-\61 is herein revised in accordance with Exhibit A attached hereto. APPROVED on October 15, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 2 1. I.e. 93-5334 Sanitary Sewer Improvements to Outlot E, Markham Knolls Addition Developer's Agreement -Lump sum ParcelPID# Property Owner 06-116-22-12-0019 John Markham Project Cost: Previously Assessed: City Share: County Share: Net Assessment: 5 Years at 8.0 % Legal Description Outlot E, Markham Knolls 3 S 22,710.00 $ -O- S -0- S -0- S 22,710.00 Deferred 2001 1996 $Amount $Amount SAmount 22,710.00 2. I.C. 96-5396 Street and Utility Improvements to Birch Island Acres 2nd Project Cost: Addition Previously Assessed: 100% Petition -Lump Sum ParceIPID# Property Owner 04-116-22-31-0004 Roger Halverson 04-116-22-31~8 Roger Halverson City Share: County Share: 5% Credit Net Assessment: 5 Years at 8.0 % Legal Description Unplatted Unplatted Deferred 2001 $Amount $Amount S 181,173.24 S -O- S -0- $ -0- S 4,845.21 S 176,328.03 1996 SAmount 88,164.01 88,164.02 3. Structure Demolition at 8510 FranIo Road Project Cost: S 9,100.00 Previously Assessed: $ .0- City Share: S .0- County Share: S -0- Net Assessment: $ 9,100.00 Developer's Agreement -Lump Sum 5 Years at 8.0 % ParceIPID# Property Owner Legal Description Deferred 2001 1996 $Amount $Amount $Amount 14-116-22-34-0005 Zachman Development Unplatted 9,100.00 SUPPLEMENTALS 1. I.C. 52-166 Trunk Exclusions 20-116-22-11~7 20-116-22-11-0015 20-116-22-11-0016 20-116-22-1~5 21-116-22-22-0011 21-116-22-22-0013 21-116-22-22-0022 21-116-22-22-0026 21-116-22-22-0027 21-116-22-22-0032 21-116-22-22-0034 21-116-22-22-0035 21-116-22-22-0036 21-116-22-22-0044 21-116-22-22-0055 2. I.C. 52-166 Lateral Exclusions 20-116-22-11-0004 20-116-22-11-0007 20-116-22-11-0008 20-116-22-11-0015 20-116-22-11-0016 ~IIUi~~gQ~~"'''''''''' 21-116-22-22-0005 21-116-22-22-0009 Thomas Johnson Jack VanRemortal Jack VanRemortal J8IDeS ~eidUnger Deanna Woods Gary Ernst Chung Ting Ho Lynn Shea Carl Weyer Danny Sheldon Fred Purcell Fred Purcell ~arvin Bernstrom Jerald LaBarre William Dredge J & C Wendt Thomas Johnson A &J Musech Jack VanRemortal Jack Van Remortal I)e&a HelMek (pREVIOUSLY ASSESSED) H BalsignerlL Talman Scott Schmidt 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 520.00 15 8% 2,754.31 15 8% 5,289.45 15 8% 5,289.45 15 8% 5,289.45 15 8% 5,289.45 -l-i " ~,'44,~3 15 8% 5,289.45 15 ·8% 5,289.45 21-116-22-22~10 George Buchanan 15 8% 5,289.45 21-116-22-22~11 H&DWoods 15 8% 5,289.45 21-116-22-22~13 G & M Ernst 15 8% 5,289.45 21-116-22-22~18 J &R Hanson 15 8% 5,289.45 21-116-22-22~19 K & S Russen 15 8% 5,289.45 21-116-22-22-0022 Chung Ting Ho 15 8% 5,289.45 21-116-22-22~2S J HulsteinlL Hakala 15 8% 5,289.45 21-116-22-22~26 Lynn Shea 15 8% 5,289.45 21-116-22-22~27 Carl Weyer 15 8% 5,289.45 21-116-22-22~29 C &J Johnson 15 8% 5,289.45 21-116-22-22~31 J & L Hoffer 15 8% 5,289.45 21-116-22-22~32 Laurence Lewis 15 8% 5,289.45 21-116-22-22~34 Fred Purcell 15 8% 5,289.45 21-116-22-22~35 Fred Purcell 15 8% 5,289.45 21-116-22-22~36 M Bemstrom 15 8% 5,289.45 21-116-22-22~38 W&DEdes 15 8% 5,289.45 21-116-22-22-0043 D & D Sindelar 15 8% 5,289.45 21-116-22-22-0044 Jerald LeBarre 15 8% 5,289.45 21-116-22-22-0045 R&M Smith 15 8% 5,289.45 1 3. Le. 52-103 Trunk Exclusions 21-116-22-42~ lames Peterson IS 8% 520.00 ~, 'I' ~ 4~ ~ •••• Gayle Qls98 (PREVIOUSLY ASSESSED) -IS ~ ~ 21-116-22-42~ Ward Olson IS 8% 520.00 21-116-22-42-0007 Wendell Owens IS 8% 520.00 21-116-22-42-0008 Douglas Olson 15 8% 520.00 21-116-22-42~ 15 8% 520.00 21-116-22-42-0024 Gerald Schwankl 15 8% 520.00 21-116-22-42-0027 Paul Edwardson 15 8% 520.00 21-116-22-42-0029 Charles Ross 15 8% 520.00 21-116-22-42-0040 Olinda Floro 15 8% 520.00 21-116-22-43-0008 Iames Kessler 15 8% 300.00 21-116-22-43-0018 Daniel Zimmermann 15 8% 300.00 21-116-22-43-0022 David Fisher 15 8% 300.00 21-116-22-43-0023 Brian Baker 15 8% 300.00 21-116-22-43-0025 Leroy Heitz 15 8% 520.00 4. I.C. 52-203 Lateral Exclusions 21-116-22-42-0002 lames L. Peterson 15 8% 4,641.14 21-116-22-42~ Ward Olson 15 8% 4,641.14 21-116-22-42-0007 Wendell T. Owens 15 8% 4,641.14 21-116-22~2~8 Douglas T. Olson 15 8% 4,641.14 21-116-22~2~ Stephen J. Herbst 15 8% 4,641.14 21-116-22~2~13 Jerome T. Krebsbach 15 8% 4,641.14 21-116-22~2~O Dean Olson 15 8% 4,641.14 21-116-22~2~4 Gerald Schwanld 15 8% 4,641.14 21-116-22~2~7 Paul Edwardson 15 8% 4,641.14 21-116-22~2~8 Robert Veatch 15 8% 4,641.14 21-116-22~2~29 Charles Ross 15 8% 4,641.14 21-116-22~3~22 Edward L. Fisher, Jr. 15 8% 3,434.40 21-116-22~3~3 Brian Baker 15 8% 3,434.40 21-116-22~3~2S LeRoy Heitz 15 8% 4,641.14 21-116-22~3~27 Daniel Lindholm 15 8% 4,641.14 q 5. I.C. 52-205 Trunk Exclusions 21-116-22-31-0013 21-116-22-31-0029 6. I.C. 52-20S Lateral Exclusions 21-116-22-31-0007 21-116-22-31-0013 21-116-22-31-0015 21-116-22-31-0029 Lars Christianson Marilyn Lacourse Scott Calahan Lars Christianson John Frye Marilyn LaCourse 15 8% 520.00 15 8% 520.00 "':":': . ... )::;{:::~::::::::.:::::.:.::.::::.(:: .:: :f·':::: .. :', ,', ':. 15 8% 5,298.84 15 8% 5,298.84 15 8% 5,298.84 15 8% 5,298.84 10 7. I.C. 52-212 Trunk Exclusions 21-116-22-23~ Donald Hovey 15 8% 520.00 21-116-22-23~3 Larry Lemon 15 8% 220.00 21-116-22-23~ Kenneth Lindeman 15 8% 520.00 21-116-22-23~ Randy Rannow 15 8% 520.00 21-116-22-23~12 Edward VanRossum 15 8% 520.00 21-116-22-23~27 Jeffery Bahe 15 8% 520.00 21-116-22-23~29 Kenneth Fricke 15 8% 520.00 8. I.C. 52-212 Lateral Exclusions 20-116-22-14~5 James Meidinger 15 8% 7,073.41 21-116-22-23~2 B & N Hovey 15 8% 7,073.41 21-116-22-23~ K. Lindeman 15 8% 7,073.41 21-116-22-23~ Randy Rannow 15 8% 7,073.41 21-116-22-23~12 E. Van Rossum 15 8% 7,073.41 21-116-22-23~18 F McMahon 15 8% 7,073.41 21-116-22-23~19 M & P Junck 15 8% 7,073.41 21-116-22-23~26 A & J Jarman 15 8% 7,073.41 21-116-22-23~27 Allan Larson 15 8% 7,073.41 21-116-22-23~29 Kenneth Fricke 15 8% 7,073.41 21-116-22-32~3 M. McGraw 15 8% 7,139.42 /I -~- ,. I.C. 94-5360 Trunk Exclusions 01-116-22-32~8 Gordon Gub rud 19 8% 520.00 01-116-22-32-0011 Joan McKee 19 8% 520.00 02-116-22~1~ Richard Ahmann 19 8% 520.00 - 10. I.C. 94-5360 Lateral Exclusions 01-116-22-32~8 Gordon Gub rud 19 8% 5,773.00 01-116-22-32-0011 Joan McKee 19 8% 5,773.00 02-116-22~1~ Richard Ahmann 19 8% 5,773.00 /2. I.C.N Years Interest 1997 Amount 11. Trunk Sewer & Water 01-116-22-42~11 Flying Cloud Bus. Ctr 5 8% 39,388.00 04-116-22-31~ Birch Island Acres 2nd 5 8% 6,409.00 04-116-22-31-0008 Birch Island Acres 2nd 5 8% 6,409.00 05-116-22-34-0002 Rogers Homestead 5 8% 2,881.00 10-116-22-21-0001 Forest Hills 8th 5 8% 8,241.00 10-116-22-21-0002 Forest Hills 8th 5 8% 8,241.00 10-116-22-21-0003 Forest Hills 8th 5 8% 8,241.00 10-116-22-21~ Forest Hills 8th 5 8% 8,241.00 I-. . ........................................................... ,' .,' ........................ ... ........... . ..... :.. : .... I 23-116-22-33-0009 Post Construction 5 8% 12,685.00 23-116-22-34-0001 Sunnybrook Woods 5 8% 17,200.00 12. City & Metro SAC 21-116-22-34-0005 Dennis Oberg 5 8% 1,420.00 13. Special Assessment Agrement SACtw AC 19-116-22-14~22 Bearpath 5 8% 175,260.00 14. Stonn Water Treatment Special Assessment Agreement 10-116-22-41-0009 Minnesota Tree 3rd Addition 5 7.5% 8,000.00 15. Stonn Sewer Special Assessment Agreement 03-116-22-32~ James Brewer 5 8% 1,500.00 16. Stonn Sewer Special Assessment Agreement 03-116-22-32-0049 Timothy Frye 10 8% 9,385.00 17. Special Assessment Agreement 19-116-22-23~26 O.L.D. Bearpath 5 8% 29,750.00 19-116-22-23~27 O.L.E. Bearpatb 5 8% 55,250.00 1'8 18. Tax Forfeiture 2S-116-22-32~3 Amer. Lutheran Church 2nd Add. S 8% 62,978.99 19. WeedJTall Grass 11-116-22-42~3S Wallace Hustad I 8% 40.00 2S-116-22-31~7S Baton Corp. I 8% 40.00 2S-116-22-31~78 Baton Corp. I 8% 40.00 20. Connections Fees OS-116-22-3~ Rogers Homestead 20 8% 33,000.00 pI EDEN PRAIRIE CITY COUNCIL AGENDA DATE: October 15, 1996 SECTION: PUBLIC HEARINGS vB. ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger TIRES PLUS Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Close the public hearing and return the plans to the proponent. Supporting Reports: 1. Letter from the proponent J ENGINEERS ARCHITECTS SURVEYORS October 2, 1996 LANDSCAPE ARCHITECTS Mr. Mike Franzen City Planner City Hall 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Mike: This letter will serve to advise you that Tires Plus officially withdraws its proposal to convert the existing Hardee's family restaurant at 7915 Eden Drive to a new Tires Plus facility. Tires Plus and Yaggy Colby Associates appreciate the substantial assistance you and your staff have provided in furtherance of this project and the planning commission's acceptance of the proposal. However, Tires Plus has found it necessary to officially withdraw its proposal from consideration. Yours truly, 7:Nt Y Ronald L. Fiscu , ASLA Director of Planning and Landscape Architecture RLF/sm #5088 PLANNERS ROCHESTER OFFICE: 717 Third Avenue SE Rochester, MN 55904 507-288-6464 Fax 507-288-5058 MASON CITY OFFICE: 515-424-6344 Fax 515-424-0351 • Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: PUBLIC HEARINGS October 15, 1996 DEPARTMENT: ITEM DESCRIPTION: Resolution ITEM NO. Approving Reissuance of Multifamily FINANCE Housing Revenue Bonds for Fountain V.C. Place Apartments Project -Phase I in the Amount of $20,900,000. Background: The resolution approves a reissuance of bonds to an interest rate which floats with an index and extends the maturity to December 1,2018. In addition, the owners of the project have agreed to accept Section 8 vouchers in up to 10% of the 490 units. The Public Hearing, called a TEFRA Hearing, is an Internal Revenue requirement. If the Council wished, this type of hearing could be convened by a City Staff person in the future. Requested Action: Fonn cllulrolDlcil\agn-fonn.wpd Rev 1214/95 Council approval of the Resolution I RESOLUTION NO. 96-__ _ RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION AND FILING WITH THE INTERNAL REVENUE SERVICE OF A FORM 8038, INFORMATION RETURN FOR TAX-EXEMPT PRIVATE ACTIVITY BOND ISSUES, WITH RESPECT TO THE $20,900,000 MULTIFAMILY HOUSING REVENUE BOND (FOUNTAIN PLACE APARTMENTS PROJECT --PHASE I) SERIES 1987 (THE ''BOND''); APPROVING THE WAIVER AND CANCELLATION OF UNPAID BASE INTEREST ON THE BOND; AMENDING THE INTEREST RATE PROVISIONS SO AS TO PROVIDE FOR A FLOATING RATE OF INTEREST ON THE BOND AND THE PAYMENT OF INTEREST ON THE FIRST DAY OF EACH MONTH; ELIMINATING ALL REMARKETING PROVISIONS AND EXTENDING THE SCHEDULED MATURITY DATE OF THE BOND; ADDING ACCRUED CONSTRUCTION PERIOD DEFERRED INTEREST TO THE PRINCIPAL AMOUNT OF THE BOND; ADDING CERTAIN PROVISIONS WITH RESPECT TO THE EXERCISE OF REMEDIAL RIGHTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND INSTRUMENTS RELATING THERETO WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") has previously issued its "$20,900,000 Multifamily Housing Revenue Bond (Fountain Place ,Apartments Project -- Phase I), Series 1987" (the "Bond"), pursuant to and in accordance with a Lender Loan Agreement between the Issuer and Capital Realty Investors Tax Exempt Fund Limited - Partnership {the "Prior Bondholder") dated as of December 1, 1987; and WHEREAS, the Issuer used the proceeds of the Bond to make a loan (the "Loan") to Fountain Place Apartments Limited Partnership, a Minnesota limited partnership (the "Original Developer"), to provide financing for a multifamily rental residential development (the "Project"); and WHEREAS, the Project was conveyed by the Original Developer to CRICO of Fountain Place Limited Partnership (the "Owner") by Quitclaim Deed on January 2, 1991, with the Owner assuming the existing indebtedness on the Project; and WHEREAS, Capital Realty Investors Tax Exempt Fund Ltd. (the "New Bondholder") intends to acquire the Bond from the Prior Bondholder through a merger transaction; and WHEREAS, the New Bondholder, at the time of its acquisition of the Bond, is willing to forgive and forever discharge all Bond interest which was not paid when scheduled to be due and has been deferred, and desires that the Issuer forgive and forever discharge all corresponding unpaid interest accrued on the Loan; and FOONTAIN PLACE I 2- ".~ .. WHEREAS, the New Bondholder desires to delete all provisions pertaining to the payment of Contingent Interest from the Bond, the Lender Loan Agreement and the Loan Agreement, to amend the interest rate on the Bond to a rate which floats with the PSA Index, and to provide for the payment of interest on the ftrst day of each month; and WHEREAS, the New Bondholder desires to eliminate all provisions for remarketing from the Bond and to extend the maturity date of the Bond to a date not later than December 1, 2018; and WHEREAS, the New Bondholder desires to add to the principal amount of the Bond and the Loan all unpaid Construction Period Deferred Interest accrued as of the date it acquires the Bond; and WHEREAS, immediately following its acquisition of the Bond, the New Bondholder intends to convey the Bond to US Trust Company of New York, as Trustee (the ''Trustee'') and, in connection with its acquisition of the Bond, the Trustee intends to credit enhance the Bond, in a secondary market transaction, with a letter of credit; and WHEREAS, in connection with the credit enhancement of the Bond it will be necessary for the Issuer and the provider of such credit enhancement to agree to certain intercreditor arrangements affecting the exercise of remedial rights under the Bond and related documents and with respect to the Project; and WHEREAS, Capital Apartment Properties, Inc., a Maryland corporation ("CAPREIT'), which will be an affiliate of the New Bondholder, has agreed to pay any counsel fees incurred by the Issuer in connection with such transactions, regardless of whether the New Bondholder actually acquires the Bond; and WHEREAS, the credit enhancement of the Bond and the requested amendments to the Bond will cause a reissuance of the Bond for federal income tax purposes; and WHEREAS, a reissuance of the Bond will necessitate the ftling by the Issuer with the Internal Revenue Service of Internal Revenue Service Form" 8038, Information Return for Tax-Exempt Private Activity Bond Issues, in order to maintain the excludability from the income of the holders thereof of interest on the Bond; and WHEREAS, the Issuer is willing to execute and fIle a Form 8038 in connection with and as a result of the addition of credit enhancement for the Bond, the elimination of all accrued interest on the Bond and the Loan which was not paid when scheduled to be due and has been deferred, the amendment of the interest rate provisions on the Bond and provision for payment of interest on the ftrst day of each month, the elimination of remarketing provisions and extension of the Bond's maturity to a date not later than December 1, 2018, the provision of intercreditor arrangements with respect to remedial actions under the Bond and related documents and the addition of accrued Construction Period Deferred Interest to the principal amount of the Bond and the Loan, all as described above; and 2 E:\CORP\t4S53\48204\R1!SOLlTN'PLACl!I WHEREAS, there has been submitted to the City Council of the Issuer (the "Council") the proposed Form 8038, which is attached to and comprises a part of this Resolution; and WHEREAS, there_ has been submitted to the Council the proposed form of Amendment to Lender Loan Agreement and Amendment to Loan Agreement, copies of which are attached to and comprise a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA: 1. That the filing of an Internal Revenue Service Form 8038 in connection with the addition of credit enhancement for the Bond and the execution and delivery of an Amendment to Lender Loan Agreement and an Amendment to Loan Agreement, in form and content substantially as attached hereto, is hereby authorized and that (subject to paragraph 3 below) upon execution of said Form 8038 by the Mayor or the City Manager, such form shall be mailed to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. 2. That the execution and delivery of an Amendment to Lender Loan Agreement and an Amendment to Loan Agreement, substantially in the form and substance of those attached hereto, and the taking of such other actions as have been taken or as may be necessary or convenient in connection therewith is hereby authorized and that upon execution and delivery of such documents by the Mayor and the City Manager such documents shall be binding upon the Issuer. 3. That the acts authorized in numbered paragraphs 1 and 2 immediately above are to be effected only in the event of the acquisition of the Bond by the New Bondholder or by an affiliate of, or by a party acting on behalf of an affiliate of, CAPREIT. PASSED AND APPROVED this 15th day of October, 1996. CITY OF EDEN PRAIRIE, MINNESOTA By: Mayor Attest: Clerk 3 B:\CORP\14SS3\48204lRPSOumPPLACPJ CITY COUNCIL AGENDA DATE: SECTION: PUBLIC HEARINGS October 15, 1996 DEPARTMENT: ITEM DESCRIPTION: Resolution ITEM NO. Approving Reissuance of Multifamily FINANCE Housing Revenue Bonds for Fountain V.D. Place Apartments Project -Phase II in the Amount of $12,600,000. Background: The resolution approves a reissuance of bonds to an interest rate which floats with an index and extends the maturity to December 1, 2018. In addition, the owners of the project have agreed to accept Section 8 vouchers in up to 10% of the 490 units. The Public Hearing, called a TEFRA Hearing, is an Internal Revenue requirement. If the Council wished, this type of hearing could be convened by a City Staff person in the future. Requested Action: Fonn cllu\council\agn-fonn.wpd Rev 12/4/95 Council approval of the Resolution I RESOLUTION NO. 96-__ RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION AND FILING WITH THE INTERNAL REVENUE SERVICE OF A FORM 8038, INFORMATION RETURN FOR TAX-EXEMPT PRIVATE ACTIVITY BOND ISSUES, WITH RESPECT TO THE $12,600,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (FOUNTAIN PLACE APARTMENTS PROJECT --PHASE II) SERIES 1989A AND SERIES 1989B (THE "BONDS"); APPROVING THE WAIVER AND CANCELLATION OF ACCRUED UNPAID INTEREST ON THE SERIES 1989BBONDS;AMENDINGTHEINTERESTRATEPROVISIONS SO AS TO PROVIDE FOR A FLOATING RATE OF INTEREST ON THE BONDS AND THE PAYMENT OF INTEREST ON THE FIRST DAY OF EACH MONTH; EXTENDING THE SCHEDULED MATURITY DATE OF THE BONDS; ADDING CERTAIN PROVISIONS WITH RESPECT TO THE EXERCISE OF REMEDIAL RIGHTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND INSTRUMENTS RELATING THERETO. WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") has previously issued its "$12,600,000 Multifamily Housing Revenue Refunding Bonds (Fountain Place Apartments Project --Phase II), Series 1989A and Series 1989B" (the "Bonds"), pursuant to and in accordance with a Trust Indenture between the Issuer and First Trust National Association, as Trustee, dated as of July 1, 1989; and WHEREAS, the Issuer used the proceeds of the Bonds to make a loan (the "Loan") to Fountain Place Apartments II Limited Partnership, a Minnesota limited partnership (the "Original Developer"), to provide financing for a multifamily rental residential development (the "Project"); and WHEREAS, the Project was conveyed by the Original Developer to FP A II Limited Partnership (the "Owner") by Warranty Deed on March 1,1996, with the Owner assuming the existing indebtedness on the Project; and WHEREAS, the Bonds were acquired by CAPREIT FPII Financial Limited Partnership (the "Current Bondholder") on March 1, 1996; and WHEREAS, Capital Realty Investors Tax Exempt Fund Ltd. (the "New Bondholder") intends to acquire the Bonds from the Current Bondholder; and WHEREAS, the New Bondholder, at the time of its acquisition of the Bonds, is willing to forgive and forever discharge all accrued unpaid interest on the Series 1989B Bonds, and desires that the Issuer forgive and forever discharge all corresponding unpaid interest accrued on the Refunding Note; and FaJNTAIN PLACE II E:\CORP' WHEREAS, the New Bondholder desires to amend the interest rate on the Bonds to a rate which floats with the PSA Index, and to provide for the payment of interest on the first day of each month; and WHEREAS, the New Bondholder desires to extend the maturity date of the Bonds to a date not later than December 1, 2018; and WHEREAS, immediately following its acquisition of the Bonds, the New Bondholder intends to convey the Bonds to US Trust Company of New York, as Trustee (the "Trustee") and, in connection with its acquisition of the Bonds, the Trustee intends to credit enhance the Bonds, in a secondary market transaction, with a letter of credit; and WHEREAS, in connection with the credit enhancement of the Bonds it will be necessary for the Issuer and the provider of such credit enhancement to agree to certain intercreditor arrangements affecting the exercise of remedial rights under the Bonds and related documents and with respect to the Project; and WHEREAS, Capital Apartment Properties, Inc., a Maryland corporation ("CAPREIT'), which will be an affiliate of the New Bondholder, has agreed to pay any counsel fees incurred by the Issuer in connection with such transactions, regardless of whether the New Bondholder actually acquires the Bonds; and WHEREAS, the credit enhancement of the Bonds and the requested amendments to the Bonds will cause a reissuance of the Bonds for federal income tax purposes; and WHEREAS, a reissuance of the Bonds will necessitate the filing by the Issuer with the Internal Revenue Service of Internal Revenue Service Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues, in order to maintain the excludability from the income of the holders thereof of interest on the Bonds; and WHEREAS, the Issuer is willing to execute and file a Form 8038 in connection with and as a result of the addition of credit enhancement for the Bonds, the elimination of all accrued unpaid interest on the Series 1989B Bonds and the Refunding Note, the amendment of the interest rate provisions on the Bonds and provision for payment of interest on the first day of each month, the extension of the Bonds' maturity to a date not later than December 1, 2018, and the provision of intercreditor arrangements with respect to remedial actions under the Bonds and related documents, all as described above; and WHEREAS, there has been submitted to the City Council of the Issuer (the "Council") the proposed Form 8038, which is attached to and comprises a part of this Resolution; and WHEREAS, there has been submitted to the Council the proposed form of First Supplemental Trust Indenture and Amendment to Loan Agreement, copies of which are attached to and comprise a part of this Resolution. 2 E:\CORP\14553\48204\RESOLUT\FPLACE2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA: 1. That the filing of an Internal Revenue Service Form 8038 in connection with the addition of credit enhancement for the Bonds and the execution and delivery of a First Supplemental Trust Indenture and an Amendment to Loan Agreement, in form and content substantially as attached hereto, is hereby authorized and that (subject to paragraph 3 below) upon execution of said Form 8038 by the Mayor or the City Manager such form shall be mailed to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. 2. That the execution and delivery of a First Supplemental Trust Indenture and an Amendment to Loan Agreement, substantially in the form and substance of those attached hereto, and the taking of such other actions as have been taken or as may be necessary or convenient in connection therewith is hereby authorized and that upon execution and delivery of such documents by the Mayor and the City Manager such documents shall be binding upon the Issuer. 3. That the acts authorized in numbered paragraphs 1 and 2 immediately above are to be effected only in the event of the acquisition of the Bonds by the New Bondholder or by an affiliate of, or by a party acting on behalf of an affiliate of, CAPREIT. PASSED AND APPROVED this 15th day of October, 1996. CITY OF ~DEN PRAIRIE, MINNESOTA By: Mayor Attest: Clerk 3 E:\CORP\14553\48204\RESOLUT\FPLACEZ 4 DATE: 10/02/96 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: vE" DEPARTMENT: ITEM DESCRIPTION: (published September 26, 1996) Engineering Division Vacation 96-07: Vacation of Drainage and Utility Easement in Research David Olson Farm 3rd Addition Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the drainage and utility easement as described. Overview: The Staring Lake Townhouse proposal will require the relocation of an existing 12" watermain and a large diameter gas main from the described easement area. Reconstruction of these utilities is presently under way. The property owner has subsequently requested the vacation of the underlying drainage and utility easement to enable home construction within this area. Supporting Infonnation: • Easement vacation application • Vacation drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS IN RESEARCH FARM 3RD ADDmON (VAC 96-07) WHEREAS, the City of Eden Prairie have certain drainage and utility easements described therein as follows: That part of the drainage and utility easement in favor of the City of Eden Prairie as evidenced by Resolution 90-285 filed in the Office of the County Recorder as Document No. 5741642 and in the Office of the Registrar of TitIes as Document No. 2149455 which lies west of the centerline of Columbine Road as dedicated in the plat of Staring Lake, Hennepin County, Minnesota. WHEREAS, a public hearing was held on October 15, 1996 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on October 15, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk ":Sf IlO.oo r · ., -, 1- EAST IJO.OD TYPICAL COURTHOAfE LOT DETAIL .. S<N..E .. ~ ,). "88"1" .. 8t.9 ~ .. . ~ ~ . . ~ ... 'I'll OUTLOT B AREA-285,030.274 S.F. 6.54 ACRES 501.8 SITE DATA PHASE 2 -1265235.252 SF 29.04 ACRES OUTlOT B-285030.274 6.54 ACRES \ -,..~__ I Sea •• ,. :0 100 It 'b~ ,. -.p.""'''-" ,~~.' '~.li:J. ... ·/~ ... 'r .I!) ~,..", \,.., ,,!l~li)O ,.~,~,;:rV~~ f;' \. ;pt" or: ' "j I,'f , PHASE IIi \ \ ... 12 \, \ ' .... __ sw COllI. Of OUTLOT C IttS(MICH FAJItI lAO ADO. \' .\ iJ ., f/o \ ;01 \ \ " 581' 01' 2O-E 1200.27 o o •• . ,-" ... ' ..... 0'1 '-' llil PARKWAY .. ~ 05. mm.()T E RESEARCH FARM 2ND ,t.,DtiiTiOi'! EASE'MENT TO BE VAC.~TEJ) OUTLOT C AREA TO CENTERUNE .1,481,040.0 S.F. 34.00 ACRES ZONING .\\ OFFICE " .-,' ... 0'1 (-" ... , (-','\.. , " ,'- '/ ). -,':,' ~Q ~~;~ ,. ~J-\~t IS STARING LAKE HE COlt OfT 0U1L0' Eo IKSEMCH FMM 2tG MID. ~ .... ~ 0) ~ .... '110 ~ ~ ~ tt: r"j 8 :::i ~ . S a § hJ i~.iJ t:Gi ~s;t~ ill=J; i~li.! !itli I gl ~ ;2 ..... om:i ~hn i:! ~~~ ~i§!i :&; ~~~.Q. " t ~ f" ~ ~ ~ ~ ~ 'I; :~ \ Ir.r r p 1 ~(") '" Q(,.,'-'o7 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims 10-15-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI Checks No. 46266 thru 46707 ActionIDirection: Approve payment of claims. I COUNCIL CHECK SUMMARY WED, OCT 9, 1996, 11:17 AM DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A LEGISLATIVE GENERAL SERVICES EMPLOYEE BENEFITS DATA PROCESSING FINANCE HUMAN RESOURCES COMMUNITY INFORMATION ELECTIONS ENGINEERING INSPECTIONS FACILITIES CIVIL DEFENSE POLICE FIRE STREETS & TRAFFIC PARK MAINTENANCE STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEVELOP COMMUNITY CENTER BEACHES HISTORICAL YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PUBLIC IMPROV PROJ SPECIAL ASSESSMENTS CITY CENTER SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW PRESERVE WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS EQUIPMENT $7,793.44 $16.13 $11,107.43 $20,799.63 $11,019.68 $807.39 $819.03 $74.32 $48.97 $364.19 $1,375.75 $4,686.29 $348.09 $19,045.70 $11,583.80 $17,462.68 $32,798.49 $237.16 $20,543.70 $5,407.50 $627.35 $15,381.89 $183.31 $254.09 $7,709.39 $2,414.90 $1,018.77 $877.96 $836.19 $1,248.58 $491.97 $290,189.68 $240,608.69 $621.76 $7,033.84 $21,380.90 $37,274.19 $14,387.81 $69,862.37 $59,899.06 $20,331.7l $984.60 $15,268.91 $975,227.29* COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT 46266 46267 46268 46269 46270 46271 46272 46273 46274 46275 46276 46277 46278 46279 46280 46281 46282 46283 46284 46285 46286 46287 46288 46289 46290 46291 46292 46293 46294 46295 46296 46297 46298 46299 46300 46301 46302 46303 46304 46305 46306 46307 46308 46309 46310 46311 46312 46313 46314 46315 46317 46318 46319 46321 46322 $750.00 $56.00 $14.00 $12.00 $215.38 $57,915.00 $7,637.58 $80.00 $983.15 $48.88 $2,288.31 $10.00 $60.00 $25.12 $58.87 $66.00 $75.32 $21.71 $497.75 $114.52 $23.52 $15,890.00 $3,229.14 $300.00 $59.35 $108.99 $221. 77 $5,523.17 $16.13 $128.30 $713.58 $300.00 $8,295.50 $26,236.00 $545.55 $4,417.12 $1,335.00 $59,201.35 $332.00 $227.42 $1,932.50 $35.00 $110.00 $43,926.96 $249.00 $182.00 $1,121.95 $1,736.56 $15,090.07 $21,863.27 $146.00 $337.45 $9,225.48 $3,649.05 $6,974.31 VENDOR A DAY WITH DISNEY AARP 55 ALIVE MATURE DRIVING EMMA KRUMBEES LAW INFORCEMENT COMMITTEE LEEANN CHINS METROPOLITIAN COUNCIL MINNESOTA STATE TREASURER SCIENCE MUSEUM OF MINNESOTA BOAT/U.S. BRIDGET MILLER CANADA LIFE ASSURANCE COMPANY CITY OF GOLDEN VALLEY CITY OF MAPLEWOOD DAVID LINDAHL EXPRESS MESSENGER SYSTEMS INC JEFF SORENSEN JENNIFER BAHR JOHN GERTZ KERRY FIERKE LAURIE HELLING MICHAEL W JACQUES DESCRIPTION CONFERENCE SPECIAL EVENTS FEES SPECIAL EVENTS FEES SCHOOLS SPECIAL EVENTS FEES SYSTEM ACCESS-SEWER BLDG SURCHARGES SPECIAL EVENTS FEES POLICE EQUIPMENT OFFICE SUPPLIES DISABILITY IN EMPLOYERS CONFERENCE CONFERENCE CONFERENCE POSTAGE OTHER CONTRACTED SERVICES SCHOOLS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES USE OF PERSONAL AUTO USE OF PERSONAL AUTO MINNESOTA DEPT OF HEALTH MISCELLANEOUS PRUDENTIAL INS CO OF AMERlCA-C LIFE INSURANCE EMPLOYERS RICHARD SENTZ RIGHT OF WAY & EASEMENTS ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT SALLY A NELSON US POSTMASTER US WEST COMMUNICATIONS PATRICIA PIDCOCK ANOKA CO GOVT CTR CARVER CO CHILD SUPPORT UNIT FEDERAL RESERVE BANK OF MPLS GREAT WEST LIFE AND ANNUITY HEALTH PARTNERS HENNEPIN COUNTY SUPPORT AND I.C.M.A. RETIREMENT TRUCT-457 INTERNATIONAL UNION OF OPERATI MEDICA CHOICE MINH STATE RETIREMENT SYS MINNESOTA DEPT OF REVENUE MINNESOTA MUTUAL LIFE MINNESOTA TEAMSTERS CREDIT UNI PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS UNITED WAY BELLBOY CORPORATION EAGLE WINE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LEHMANN FARMS PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO CLOTHING & UNIFORMS POSTAGE TELEPHONE USE OF PERSONAL AUTO GARNISHMENT WITHHELD GARNISHMENT WITHHELD BOND DEDUCTION DEFERRED COMP COBRA COSTS/REV GARNISHMENT WITHHELD DEFERRED COMP UNION DUES WITHHELD COBRA COSTS/REV DEFERRED COMP GARNISHMENT WITHHELD DEFERRED COMP CREDIT UNION PERA WITHHELD PERA WITHHELD LIFE INSURANCE W/H UNITED WAY WITHHELD BEER CASES MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE WINE DOMESTIC WINE DOMESTIC MERCHANDISE FOR RESALE WINE IMPORTED MERCHANDISE FOR RESALE PROGRAM IN SERVICE TRAINING SENIOR CENTER PROGRAM ADAPTIVE RECREATION POLICE ADULT PROGRAM SEWER DEPT BLDG SURCHARGE ADULT PROGRAM POLICE HUMAN RESOURCES FD 10 ORG IN SERVICE TRAINING IN SERVICE TRAINING COMMUNITY DEVELOPMENT GENERAL YOUTH TENNIS POLICE SUNBONNET DAYS SPORTS/SPECIAL CAMPS RECREATION ADMIN PRESERVE LIQUOR #2 WATER SYSTEM SAMPLE FD 10 ORG SUNNYBROOK RD W HOMEWARD HILLS EQUIPMENT MAINT POLICE SENIOR CENTER PROGRAM WATER UTILITY-GEN COUNCIL FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 PRESERVE LIQUOR #2 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT 46324 46325 46326 46327 46328 46329 46330 46331 46332 46333 46334 46335 46336 46337 46338 46339 46340 46341 46342 46343 46344 46345 46346 46347 46350 46351 46352 46353 46355 46356 46357 46358 46359 46360 46361 46362 46363 46364 46366 46367 46368 46369 46370 46371 46372 46373 46374 46375 46376 46377 46378 46379 46380 46381 46382 $840.01 $15.00 $110.00 $354.23 $25.00 $10.00 $100.05 $10.00 $40.00 $25.00 $70.00 $14.62 $1,768.97 $155.00 $50.00 $1,877.57 $140.00 $817.54 $66.00 $14.95 $150.00 $14.95 $375.00 $1,569.38 $27.08 $101.50 $64.00 $5,502.53 $327.08 $200.00 $11.17 $12.00 $37.32 $48.75 $350.00 $111.19 $747.74 $938.00 $350.00 $892.14 $48.97 $1,576.50 $83.32 $99.00 $13.20 $5,958.65 $314.95 $961.00 $500.00 $570.00 $59.95 $49.00 $42.83 $62.00 $49.00 VENDOR THE WINE COMPANY NATIONAL REGISTRY OF EMT BRIDGING INC CARD SERVICES-BUSINESS CARD CENTRAL ROOFING CITY OF MAPLEWOOD CITY OF RICHFIELD CODE ADMINISTRATION & INSPECTI COMMISSIONER OF TRANSPORTATION DOUG DUPEY E. P. PRESBYTERIAN CHURCH, ATTE ELYCE KASTlGAR ESS BROTHERS & SONS INC EUGENE DIETZ GENERAL MILLS ATTN M URDAHL GENUINE PARTS COMPANY GOVERNMENT TRAINING SERVICE HENNEPIN COUNTY SHERIFF JEFF SORENSEN JOEL KLUTE JOEL WESTACOTT JULIE HOEFT KLEHRS SUGAR BUSH KRAEMERS HARDWARE INC LISA M LEBA MARINA DURBIN MARY FREY MINNEGASCO NEBCO EVANS DISTRIBUTING NORWOOD BAVARIAN SINGERS PARAGON CABLE PETER RIBOTTO PETTY CASH ROADRUNNER TRANSPORTATION INC S.G. EDELWEISS ST PAUL SHERI L MOONEN SISINNI FOOD SERVICE SOUTHWEST CONTRACTORS SUPPLY STATE OF MINNESOTA CPV PROGRAM SUPERIOR FORD SUZANNE LANE SWINGS TERRY KUCERA THE NATIVITY-8AUMC TRIA MANN UNITED PROPERTIES US WEST COMMUNICATIONS VAN WATERS & ROGERS INC VERNON DRAXLER WESTSIDE SEAMLESS WORDPERFECT MAGAZINE AMY JO BINNING ANDRES LOPEZ ARLENE KOBLE AUDY PECZALSKA DESCRIPTION WINE DOMESTIC SCHOOLS AMPHITHEATRE RENTAL CONFERENCE BLDG & CONTRACTORS LICENSE MEETING EXPENSES TRANSPORTATION LICENSES & TAXES CONFERENCE VIOLATION FEES CITY BUILDING RENTAL MEETING EXPENSES REPAIR & MAINT SUPPLIES DUES & SUBSCRIPTIONS CITY BUILDING RENTAL OPERATING SUPPLIES-GENERAL CONFERENCE BOARD OF PRISONERS SVC OTHER CONTRACTED SERVICES MEETING EXPENSES OTHER CONTRACTED SERVICES MEETING EXPENSES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL SCHOOLS OTHER CONTRACTED SERVICES GAS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CABLE TV MEETING EXPENSES OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL MISCELLANEOUS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS CONTRACTED REPAIR & MAINT USE OF PERSONAL AUTO SPECIAL EVENTS FEES VIDEO SUPPLIES SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL LICENSES & TAXES TELEPHONE CHEMICALS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS LESSONS/CLASSES LESSONS/CLASSES SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES PROGRAM PRAIRIE VILLAGE LIQUOR #1 POLICE RECREATION ADMIN IN SERVICE TRAINING FD 10 ORG IN SERVICE TRAINING SENIOR CENTER PROGRAM WATER TREATMENT PLANT IN SERVICE TRAINING SOFTBALL OUTDOOR CTR PROGRAM IN SERVICE TRAINING STORM DRAINAGE IN SERVICE TRAINING OUTDOOR CTR PROGRAM EQUIPMENT MAINT IN SERVICE TRAINING POLICE YOUTH TENNIS IN SERVICE TRAINING SPECIAL EVENTS IN SERVICE TRAINING SPECIAL EVENTS WATER TREATMENT PLANT YOUTH TENNIS FITNESS CLASSES VOLLEYBALL WATER TREATMENT PLANT CONCESSIONS SPECIAL EVENTS GENERAL IN SERVICE TRAINING ACTIVITY CAMP EQUIPMENT MAINT SPECIAL EVENTS KIDS KORNER IN SERVICE TRAINING WATER SYSTEM MAINT EQUIPMENT MAINT EQUIPMENT MAINT ELECTION SUMMER SKILL DEVELOP COMMUNITY SERVICES ADULT PROGRAM ADAPTIVE RECREATION PRAIRE VIEW LIQUOR #3 GENERAL WATER TREATMENT PLANT SPECIAL EVENTS 1993 REHAB 54044 FIRE OAK POINT LESSONS ICE ARENA ADULT PROGRAM POOL LESSONS COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ----------~-------------------------------------------.----------------------------------------------------------------- 46383 $28.00 BARB BYRNE LESSONS/CLASSES OAK POINT LESSONS 46384 $94.00 BRANDT SILVERMAN LESSONS/CLASSES ICE ARENA 46385 $9.00 CHERYL BROWN ADULT /YOUTH/OUTDOOR CTR PROG DAY CAMP 46386 $53.00 CHRIS ABERNATHY LESSONS/CLASSES OAK POINT LESSONS 46387 $18.67 CHRISTINA CALDAS ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46388 $6.00 CHRISTINE LASLEY LESSONS/CLASSES POOL LESSONS 46389 $200.00 CYNTHIA AFFIAS FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 46390 $45.00 CYNTHIA JACKOWSKI ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46391 $140.00 DAWN CUMMING ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 46392 $21.00 DEANNE BUSS LESSONS/CLASSES POOL LESSONS 46393 $49.00 DEB TESKE LESSONS/CLASSES POOL LESSONS 46394 $35.00 DIANA GRUENDLER LESSONS/CLASSES POOL LESSONS 46395 $56.00 DOROTHY HOFSTEDT LESSONS/CLASSES OAK POINT LESSONS 46396 $48.00 DOUG KELLY ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46397 $40.34 DUANE LUND LESSONS/CLASSES ICE ARENA 46398 $18.66 ELIZABETH LAMMERS LESSONS/CLASSES ICE ARENA 46399 $85.66 GORDON POSHKOFF LESSONS/CLASSES ICE ARENA 46400 $28.00 HELGA EGERTSON LESSONS/CLASSES OAK POINT LESSONS 46401 $50.00 HUENG TRUONG LESSONS/CLASSES OAK POINT LESSONS 46402 $25.00 JAN BAILEY ADULT /YOUTH/OUTDooR CTR PROG FALL SKILL DEVELOP 46403 $20.00 JANA NOREEN SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 46404 $20.00 JANET MORROW SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 46405 $25.00 JANET STALPES ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 46406 $52.00 JEFF FALKINGHAM ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46407 $29.80 JENNA STICKLER LESSONS/CLASSES FITNESS CLASSES 46408 $20.00 JULIE OLSON SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 46409 $21.00 JULIE REEVES ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 46410 $7.00 KAREN JOHNSON LESSONS/CLASSES OAK POINT LESSONS 46411 $35.00 KATHRYN WALTER LESSONS/CLASSES POOL LESSONS 46412 $35.00 KATHY HALVORSEN LESSONS/CLASSES POOL LESSONS 46413 $18.66 KATHY LINDELOF ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46414 $42.50 KATHY WITHEROW LESSONS/CLASSES POOL LESSONS 46415 $22.00 KELLY LANDAETA LESSONS/CLASSES OAK POINT LESSONS 46416 $50.00 KELLY PICKENS LESSONS/CLASSES ICE ARENA 46417 $56.00 KEN HANUS LESSONS/CLASSES POOL LESSONS 46418 $30.00 LAURA BENSON ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46419 $20.00 LAURA GREEN SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 46420 $30.00 LINDA FROM ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46421 $28.00 LISA FLOM LESSONS/CLASSES POOL LESSONS 46422 $21.50 LISA MOLENAAR LESSONS/CLASSES OAK POINT LESSONS 46423 $45.00 LORI LARSON ADULT /YOUTH/OUTDooR CTR PROG FALL SKILL DEVELOP 46424 $24.50 MARGARET TEBBE LESSONS/CLASSES OAK POINT LESSONS 46425 $24.50 MARIA YOUNGS LESSONS/CLASSES OAK POINT LESSONS 46426 $40.00 MARK WEBER ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 46427 $18.00 MARY BIRD ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46428 $18.66 MARY JO PAULY LESSONS/CLASSES ICE ARENA 46429 $35.00 MAVIS KISNER LESSONS/CLASSES POOL LESSONS 46430 $49.00 MELANIE ROSEN LESSONS/CLASSES OAK POINT LESSONS 46431 $24.50 MICHAEL ENRIGHT LESSONS/CLASSES OAK POINT LESSONS 46432 $12.00 MICHAEL MAGNUSON ADULT /YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46433 $37.00 MOLLY FERNANDEZ LESSONS/CLASSES POOL LESSONS 46434 $200.00 NORA BRAUN FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 46435 $24.50 PAMELA SUTHERLAND LESSONS/CLASSES POOL LESSONS 46436 $28.00 PATRICIA GAMMON LESSONS/CLASSES POOL LESSONS 46437 $4.00 PAUL GROSSO ADULT /YOUTH/OUTDooR CTR PROG FALL SKILL DEVELOP 5 COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 46438 $5.00 PAULINE DICKEL SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 46439 $30.00 ROBERT SALISBURY ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46440 $3.50 ROCHELLE EASTMAN LESSONS/CLASSES OAK POINT LESSONS 46441 $24.50 ROCHELLE EASTMAN LESSONS/CLASSES OAK POINT LESSONS 46442 $24.50 SANDRA NAPOLITANO LESSONS/CLASSES POOL LESSONS 46443 $94.50 LISA POLZIN LESSONS/CLASSES POOL LESSONS 46444 $21. 50 SHERRI OLECKI LESSONS/CLASSES POOL LESSONS 46445 $24.50 SHERRY HUPP LESSONS/CLASSES POOL LESSONS 46446 $48.00 SHERRY SAND ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46447 $48.00 STEPHANIE FAWCETT ADULT /YOUTH/OUTDooR CTR PROG FALL SKILL DEVELOP 46448 $225.00 STEPHANIE LARSON LESSONS/CLASSES POOL LESSONS 46449 $47.00 SUE BENNETT LESSONS/CLASSES ICE ARENA 46450 $118.40 SUE BULGER ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 46451 $45.00 SUSAN MCCOY ADULT /YOUTH/OUTDooR CTR PROG FALL SKILL DEVELOP 46452 $3.50 SUSAN ORTON LESSONS/~SES POOL LESSONS 46453 $24.50 TAMMY HARCHYSEN LESSONS/CLASSES POOL LESSONS 46454 $45.00 THERESA MOE ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46455 $52.00 TROY RELLER ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46456 $20.00 VICKI SOLMONSON SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 46457 $3.50 ANN ROSS LESSONS/CLASSES OAK POINT LESSONS 46458 $28.00 BOBBI BROOKS LESSONS/CLASSES OAK POINT LESSONS 46459 $22.00 CATHY WINGE LESSONS/CLASSES POOL LESSONS 46460 $67.00 DEB DESANTIS SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 46461 $28.00 DEBBIE WRENHOLT LESSONS/CLASSES OAK POINT LESSONS 46462 $28.00 ELIZABETH MORAN ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 46463 $10.00 ELVIRA PACKER SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 46464 $7.00 FRAN SPENCE LESSONS/CLASSES OAK POINT LESSONS 46465 $75.00 GINA STEIN ADULT /YOUTH/OUTDooR CTR PROG OUTDOOR CTR PROGRAM 46466 $100.00 GREG HAMEL VIOLATION FEES SOFTBALL 46467 $28.00 JUDY TOBIAS LESSONS/CLASSES POOL LESSONS 46468 $28.00 JULIE WOLBERS LESSONS/CLASSES OAK POINT LESSONS 46469 $24.50 KATHY ENDRES LESSONS/CLASSES POOL LESSONS 46470 $28.00 LINDA DAMASIN LESSONS/CLASSES POOL LESSONS 46471 $28.00 LOIS MOORE LESSONS/CLASSES OAK POINT LESSONS 46472 $24.50 MARGARET WAGNER LESSONS/CLASSES POOL LESSONS 46473 $5.00 MARION KERR SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 46474 $52.00 MARY ANDERSON OPEN FEES ICE ARENA 46475 $750.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FO 10 ORG 46476 $20.00 NICOLE TROVATO LESSONS/CLASSES ICE ARENA 46477 $89,587.78 NORWEST BANK MN N. A. FEDERAL TAXES W/H FO 10 ORG 46478 $28.00 ROBYN ERICKSON LESSONS/CLASSES OAK POINT LESSONS 46479 $36.00 ROSALIE KOSMAS LESSONS/CLASSES ICE ARENA 46480 $7.00 SANDRA EWEL LESSONS/CLASSES ICE ARENA 46481 $28.00 SANDRA STIER LESSONS/CLASSES OAK POINT LESSONS 46482 $225.00 SOUISE CLARK LESSONS/CLASSES POOL LESSONS 46483 $3.50 STEPHANIE PRYOR LESSONS/CLASSES OAK POINT LESSONS 46484 $7.00 VICTORIA VANDRIESSCHE LESSONS/CLASSES POOL LESSONS 46485 $493.00 WORKING FIRE VIDEO TRAINING TRAINING SUPPLIES FIRE 46487 $110.00 BRIDGING INC AMPHITHEATRE RENTAL RECREATION ADMIN 46488 $354.23 CARD SERVICES-BUSINESS CARD CONFERENCE IN SERVICE TRAINING 46489 $6,455.00 CITY OF EDEN PRAIRIE PROFESSIONAL SERVICES 1994 REHAB 55041 46490 $20.00 CITY OF GOLDEN VALLEY CONFERENCE IN SERVICE TRAINING 46491 $16.50 CITY OF RICHFIELD OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT 46492 $170.00 FINANCIAL PLANNING ASSOCIATES CITY BUILDING RENTAL CITY CENTER OPERATING COSTS 46493 $1,160.00 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL (, COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 46494 46496 46497 46500 46501 46502 46503 46504 46505 46506 46507 46508 46509 46510 46511 46512 46513 46514 46515 46516 46517 46518 46519 46520 46522 46523 46524 46525 46526 46527 46528 46529 46530 46531 46532 46533 46534 46535 46536 46537 46538 46539 46540 46541 46542 46543 46544 46545 46546 46547 46548 46549 46550 46551 46552 $12,134.70 $31. 79 $1,588.26 NORTHERN STATES POWER CO SANDY MITCHELL US WEST COMMUNICATIONS ELECTRIC OFFICE SUPPLIES TELEPHONE $122.85 A TO Z RENTAL CENTER REPAIR & MAINT SUPPLIES $8.00 AAA LAMBERTS LANDSCAPE PRODUCT REPAIR & MAINT SUPPLIES $412.08 ADT SECURITY SYSTEMS INC OTHER CONTRACTED SERVICES $75.00 ADVANCED RETAIL SYSTEMS & SOFT REPAIR & MAINT SUPPLIES $329.25 ALTERNATIVE BUSINESS FURNITURE OPERATING SUPPLIES-GENERAL $116.94 AMERICAN EXCELSIOR CO $79,418.68 AMERICAN LIBERTY CONSTRUCTION $1,283.68 AMERICAN LINEN DIRECT SALES $261.46 AMERICAN RED CROSS $1,998.47 ANCHOR PAPER COMPANY OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CLOTHING & UNIFORMS REC EQUIP & SUPPLIES OFFICE SUPPLIES $787.20 ANCHOR PRINTING COMPANY PRINTING $28.75 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES $32.63 ARBOURS GARDEN & FLORAL CENTER OPERATING SUPPLIES-GENERAL $1,986.00 ASPEN CARPET CLEANING CONTRACTED BLDG REPAIRS $640.29 ASPEN REACH EQUIPMENT COMPANY CONTRACTED REPAIR & MAINT $957.92 AVR INC $8,276.28 B & F DISTRIBUTING $220.11 BARKER HAMMER ASSOCIATES INC $1,402.72 BAUER BUILT TIRE AND BATTERY $7,071.60 BDS LAUNDRY EQUIPMENT $1,153.42 BELLBOY CORPORATION $15.97 BERRY COFFEE COMPANY $672.75 BETH NILSSON $30.00 BFI TIRE RECYCLERS OF MN INC BUILDING MATERIALS MOTOR FUELS CLEANING SUPPLIES TIRES OTHER EQUIPMENT MISC TAXABLE OPERATING SUPPLIES-GENERAL INSTRUCTOR SERVICE WASTE DISPOSAL $200.26 $38.75 $519.40 $10,078.50 $16,326.74 $150.00 $117.60 $57.22 BIFFS INC WASTE DISPOSAL $3,861.24 $1,060.80 $163.28 $984.60 $1,022.47 $963.88 $15.00 $295.60 $350.51 $595.00 $1,299.30 $94.53 $11,621.68 $80.36 $360.00 $979.87 $4,104.99 $143.51 $117.00 $62.33 BILL WYFFELS SCHOOLS BLUE LINE LAW ENFORCEMENT GEAR TRAINING SUPPLIES BOLLIG & SONS INC BOYER TRUCK PARTS BRENDA JERDE BSN SPORTS CAMAS-SHIELY DIVISION CAPITOL COMMUNICATIONS CATCO CLUTCH & TRANSMISSION SE CHANHASSEN BUMPER TO BUMPER CITY OF MAPLE GROVE CLUTS 0 BRIEN STROTHER ARCHITE CO 2 SERVICES COMPUTER CHEQUE OF MINNESOTA I CONTECH CONSTRUCTION PRODUCTS COPY EQUIPMENT INC COUNCIL ON EDUCATION IN MGMT CRYSTEEL TRUCK EQUIPMENT INC CUSTOM HEADSETS INC CUTLER-MAGNER COMPANY CYNTHIA LANENBERG DAN DESAULNIERS DANKO EMERGENCY EQUIPMENT CO DELEGARD TOOL CO DELTA INDUSTRIES MFG INC OEM CON LANDFILL INC DESIGNS BY NORVELL INC OTHER CONTRACTED SERVICES DESIGN & CONST OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL GRAVEL BUILDING EQUIPMENT PARTS EQUIPMENT PARTS DEPOSITS PROFESSIONAL SERVICES CHEMICALS DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL CONFERENCE EQUIPMENT PARTS POLICE EQUIPMENT CHEMICALS USE OF PERSONAL AUTO OTHER CONTRACTED SERVICES OFFICE EQUIP MAINT SMALL TOOLS MISC FIRE EQUIPMENT WASTE DISPOSAL OFFICE SUPPLIES 1 PROGRAM SEWER LIFTSTATION POLICE GENERAL FIRE STATION #2 STORM DRAINAGE WATER TREATMENT PLANT COMMUNITY CENTER ADMIN CIVIL DEFENSE STARING LAKE MILLER PK K3 2 INSPECTION-ADM POOL LESSONS GENERAL OAK POINT LESSONS PARK MAINT FIRE SENIOR CENTER EQUIPMENT MAINT ROUND LAKE EQUIPMENT MAINT FIRE STATION #1 EQUIPMENT MAINT FIRE PRAIRIE VILLAGE LIQUOR #1 STREET MAINT ICE ARENA EQUIPMENT MAINT CUMMINS/GRILL POLICE POLICE RICK MARSH PARK PAVEMENT MGMT PROGRAM OUTDOOR CTR PROGRAM DAY CAMP STREET MAINT SENIOR CENTER EQUIPMENT MAINT EQUIPMENT MAINT 1494 CORRIDOR COMMISSION ADMINISTRATION POOL MAINTENANCE PRESERVE LIQUOR #2 WATER SYSTEM MAINT ENGINEERING DEPT IN SERVICE TRAINING EQUIPMENT MAINT POLICE WATER TREATMENT PLANT FIRE SOFTBALL WATER UTILITY-GEN EQUIPMENT MAINT FIRE STREET MAINT POLICE COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 46553 46554 46555 46556 46557 46558 46559 46560 46561 46562 46563 46564 46565 46566 46567 46568 46569 46570 46571 46572 46573 46574 46575 46576 46577 46578 46579 46580 46581 46582 46583 46584 46585 46586 46587 46588 46589 46590 46591 46592 46593 46594 46595 46596 46597 46598 46599 46600 46601 46602 46603 46604 46605 46606 46607 $13.00 DOUG THIS $2,235.00 DPC INDUSTRIES INC $1,251.20 EARL F ANDERSON $391.83 EASTMAN KODAK CO OPERATING SUPPLIES-GENERAL CHEMICALS SIGNS CONTRACTED REPAIR & MAINT $227.00 $151.90 $1,737.06 $1,725.00 $867.65 EDEN PRAIRIE CHAMBER OF COMMER CONFERENCE EDEN PRAIRIE FORD EQUIPMENT PARTS EDEN PRAIRIE SCHOOL DISTRICT N TRANSPORTATION EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL $1,768.97 $216.00 $5,072.00 $181.50 $161.88 $738.00 $92.07 ERIC SIT ESS BROTHERS & SONS INC EUGEN R ELLEFSON FEED-RITE CONTROLS INC FINLEY BROS INC FLOYD TOTAL SECURITY FRANK LAVALLE FRANKLIN QUEST INSTRUCTOR SERVICE REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES CHEMICALS BUILDING MATERIALS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL $145.00 FUNK -HANECY DISTRIBUTORS INC CONTRACTED BLDG REPAIRS $2,800.00 GARTNER REFRIGERATION & MFG IN -EQUIPMENT PARTS $579.00 GARY ISAACS OTHER CONTRACTED SERVICES $419.08 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES $15.05 GENERAL SAFETY EQUIPMENT COMPA EQUIPMENT PARTS $105.00 GETTMAN COMPANY MISC TAXABLE $104.00 GOODYEAR COMMERCIAL TIRE & SER CONTRACTED REPAIR & MAINT $56.00 GOPHER STATE ONE-CALL INC $1,343.90 HANSEN THORP PELLlNEN OLSON $144.00 HANUS BUS CO INC $159,471.98 HARDRlVES INC $79.88 HOS SPECIALTY VEHICLES $54.74 HENNEPIN COUNTY -SURVEY DIVIS $345.11 HENNEPIN COUNTY SHERIFF $542.50 HENNEPIN COUNTY TREASURER $1,807.00 $315.50 $91.90 $482.55 $1,998.00 $320.00 $74.66 $11,562.82 $18.00 $830.17 $33.07 $450.00 $356.00 $75.00 $170.00 $101.13 $37.44 HENNEPIN COUNTY TREASURER HINES PRODUCTS CORP HODGES BADGE COMPANY INC HOFFERS INC HONEYWELL INC INFRATECH INTERSTATE DETROIT DIESEL INC J-CRAFT INC JAMES GRIMMER JANEX INC JERRYS NEWMARKET JOEL WESTACOTT JOSH HENDERSON JPCL KOSS KRAEMERS HARDWARE INC LAB SAFETY SUPPLY INC LAKE REGION VENDING OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES TRANSPORTATION IMPROVEMENT CONTRACTS TRANSPORTATION OPERATING SUPPLIES-GENERAL BOARD OF PRISONERS SVC OPERATING SUPPLIES-GENERAL BOARD OF PRISONERS SVC FIRE PREVENTION SUPPLIES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS AUTOS OTHER CONTRACTED SERVICES CLEANING SUPPLIES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES MISC TAXABLE $1,799.69 $410.27 $10,109.00 $4,225.86 $54.00 $13,654.00 $324.00 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LANO EQUIPMENT INC LARAE SCHWINEFUS LEAGUE OF MINNESOTA CITIES INS LEE BRANT EQUIPMENT PARTS OTHER CONTRACTED SERVICES WORKMANS COMP INS OTHER CONTRACTED SERVICES PROGRAM FIRE WATER TREATMENT PLANT TRAFFIC SIGNALING GENERAL IN SERVICE TRAINING EQUIPMENT MAINT ACCESSIBILITY TREE REMOVAL FALL SKILL DEVELOP STORM DRAINAGE SOFTBALL WATER TREATMENT PLANT ROUND LAKE PRAlRE VIEW LIQUOR #3 SOFTBALL INSPECTION-ADM EP CITY CTR OPERATING COSTS ICE ARENA SOFTBALL WATER UTILITY-GEN EQUIPMENT MAINT PRAIRIE VILLAGE LIQUOR #1 EQUIPMENT MAINT WATER SYSTEM MAINT STARING LK PLSTUCT K2 0 DAY CAMP SCENIC HEIGHTS ROAD ACCESSIBILITY FLYING CLOUD SANITARY SEWER POLICE COMMUNITY DEVELOPMENT POLICE FIRE POOL SPECIAL EVENTS ROUND LAKE WATER TREATMENT PLANT SEWER SYSTEM MAINT EQUIPMENT MAINT P/W REVOLVING FUND SOFTBALL EP CITY CTR OPERATING COSTS FIRE STARING LAKE CONCERT SOFTBALL WATER UTILITY-GEN EDENVALE PARK STORM DRAINAGE WATER SYSTEM MAINT PRESERVE LIQUOR #2 EQUIPMENT MAINT CRIMINAL PROSECUTION STORM DRAINAGE VOLLEYBALL BENEFITS SOFTBALL COUNCIL CHECK REGISTER WED. OCT 9. 1996. 11:16 AM CHECK NO CHECK AMOUNT 46608 46609 46610 46611 46612 46613 46614 46615 46616 46617 46618 46619 46620 46621 46622 46623 46624 46625 46626 46627 46628 46629 46630 46631 46632 46633 46634 46635 46636 46637 46638 46639 46640 46641 46642 46643 46644 46645 46646 46647 46648 46649 46650 46651 46652 46653 46654 46655 46656 46657 46658 46659 46660 46661 46662 $1.031.00 $2.114.24 $1.313.40 $336.00 $13.705.13 $939.42 $24.38 $97.00 $17.68 $24.00 $169.16 $2.759.98 $413.55 $109.10 $480.42 $66.39 $165.00 $69.00 $25.00 $217.82 $166.83 $267.65 $720.19 $53.68 $230.37 $16.37 $13.602.50 $14.680.00 $259.80 $1.686.39 $1.257.03 $200.64 $433.59 $16.06 $6.368.24 $400.00 $457.94 $539.26 $7.432.04 $175.00 $626.86 $17.181.05 $54.25 $40.51 $12.80 $142.50 $232.74 $10.17 $54.66 $1..120.91 $86.68 $118.86 $39.41 $49.24 $354.90 VENDOR LEE RAY LEOPOLD COMPANY INC LIQUID CARBONIC LISA KLOCKZIEM LOGIS LOVEGREEN INDUSTRIAL SERVICES LYMAN LUMBER COMPANY M LEE SMITH PUBLISHERS LLC MERLINS ACE HARDWARE METRO SALES INCORPORATED MID AMERICA POWER DRIVES MIDWEST ASPHALT CORPORATION MIDWEST COCA COLA BOTTLING COM MINNESOTA BLUEPRINT MINNESOTA BUSINESS FORMS MINNESOTA CONWAY MINNESOTA SAFETY COUNCIL MN REAL ESTATE JOURNAL MN STATE FIRE CHIEFS ASSN NASCO NATIONAL CAMERA EXCHANGE NATL FIRE PROTECTION ASSOC NEBCO EVANS DISTRIBUTING OHLIN SALES PAPER DIRECT INC PAPER WAREHOUSE PARROTT CONTRACTING INC PERFECT SURFACE CO PH WAREHOUSE SALES INC PINK COMPANIES PINNACLE DISTRIBUTING POWERTEX SPORTSWEAR INC PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRECISION PAVEMENT MARKING PREVENTION PLUS INC RADIO SHACK ROO EQUIPMENT CO REHBEIN INC RETAIL DATA SYSTEMS RICOH CORPORATION RIEKE CARROLL MULLER ASSOCIATE RIGID HITCH INCORPORATED RITZ CAMERA RODNEY W RUE ROOT 0 MATIC ROSS INDUSTRIES INC SALLY DISTRIBUTORS SANDY WERTS SERVICE MASTER SETH WEBSTER SHERWIN WILLIAMS CO SIGNUM GRAPHIC SYSTEMS INC SIMON & SCHUSTER SNAP-ON TOOLS 9 DESCRIPTION OTHER CONTRACTED SERVICES EQUIPMENT PARTS CHEMICALS OPERATING SUPPLIES-GENERAL LOGIS SERVICE CONTRACTED EQUIP REPAIR OPERATING SUPPLIES-GENERAL DUES & SUBSCRIPTIONS OPERATING SUPPLIES-GENERAL TELEPHONE EQUIPMENT PARTS PATCHING ASPHALT MERCHANDISE FOR RESALE OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES CONTRACTED REPAIR & MAINT CONFERENCE DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS OPERATING SUPPLIES-GENERAL PHOTO SUPPLIES TRAINING SUPPLIES MERCHANDISE FOR RESALE OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES OTHER CONTRACTED SERVICES SEAL COATING CONTRACTED OPERATING SUPPLIES-GENERAL OTHER EQUIPMENT MISC TAXABLE INSTRUCTOR SERVICE REPAIR & MAINT SUPPLIES MISC NON-TAXABLE CONTRACTED STRIPING SCHOOLS OTHER EQUIPMENT EQUIPMENT PARTS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT PROFESSIONAL SERVICES EQUIPMENT PARTS PHOTO SUPPLIES CONFERENCE CONTRACTED REPAIR & MAINT FIRE PREVENTION SUPPLIES OPERATING SUPPLIES-GENERAL USE OF PERSONAL AUTO CONTRACTED REPAIR & MAINT USE OF PERSONAL AUTO LUBRICANTS & ADDITIVES SIGNS TRAINING SUPPLIES REPAIR & MAINT SUPPLIES PROGRAM SOFTBALL WATER TREATMENT PLANT WATER TREATMENT PLANT VOLLEYBALL INFORMATION SYSTEM WATER TREATMENT PLANT PARK MAINT WATER UTILITY-GEN ROUND LAKE-BEACH COMMUNITY CENTER ADMIN EQUIPMENT MAINT STREET MAINT CONCESSIONS ENGINEERING DEPT FINANCE DEPT FIRE IN SERVICE TRAINING IN SERVICE TRAINING FIRE WATER SYSTEM MAINT FIRE FIRE CONCESSIONS FIRE ROUND LAKE-BEACH POLICE STORM DRAINAGE ROUND LAKE PARK MAINT CC CAPITAL OUTLAY PRESERVE LIQUOR #2 VOLLEYBALL GENERAL BLDG FACILITIES PRAlRE VIEW LIQUOR #3 TRAFFIC SIGNALING SAFETY SEWER SYSTEM MAINT EQUIPMENT MAINT LIME SLUDGE OAK POINT OPERATIONS GENERAL SUNNYBRooK RD W HOMEWARD HILLS EQUIPMENT MAINT POLICE IN SERVICE TRAINING SEWER SYSTEM MAINT FIRE SOCIAL SENIOR CENTER PROGRAM WATER SYSTEM MAINT TREE DISEASE STARING LAKE TRAFFIC SIGNALING WATER TREATMENT PLANT WATER SYSTEM MAINT COUNCIL CHECK REGISTER WED, OCT 9, 1996, 11:16 AM CHECK NO CHECK AMOUNT VENDOR SNELL MECHANICAL INC SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN PUBLISHING SOUTHWEST SUBURBAN PUBLISHING SRF CONSULTING GROUP INC ST PAUL BOOK & STATIONERY DESCRIPTION REPAIR & MAINT SUPPLIES SMALL TOOLS EMPLOYMENT ADVERTISING ADVERTISING PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL 46663 46664 46665 46666 46667 46668 46670 46671 46672 46673 46674 46675 46676 46677 46678 46679 46680 46681 46682 46683 46684 46685 46686 46687 46688 46689 46690 46691 46692 46693 46694 46695 46696 46697 46698 46699 46700 46701 46702 46703 46704 46705 46706 46707 $122.05 $47.87 $204.75 $407.00 $13,508.19 $1,259.98 $61.51 $455.57 $140.00 STAIRMASTER SPORTS/MEDICAL PRO REPAIR & MAINT SUPPLIES $50.00 $101.92 $121.95 $582.56 $125.00 $200.00 $2,107.92 $168.24 $46.01 $120.43 $89.00 $386.36 $292.50 $1,418.24 $760.00 $86.80 $630.00 $156.63 $145.15 $30.00 $1,851.44 $410.00 $1,447.86 $61.31 $942.67 $90.75 $21.50 $387.34 $3,900.00 $332.90 $430.41 $14.90 $125.92 $2,448.69 $197.02 $975,227.29* STANDARD SPRING STATE OF MN -DEPT OF LABOR & STEVE BREWER STREICHERS STRINGER BUSINESS SYSTEMS INC SUNBUSTERS SWEDLUNDS SYSTECH SERVICES T C & W TARGET TENNANT THE DARTNELL CORPORATION THE FACT FINDER THE STATE CHEMICAL MFG Co THE STITCH LAB THE WORK CONNECTION TIE COMMUNICATIONS INC TIM NELSON TOM HOLMES TOTAL RENTAL TRIA MANN TWIN CITY OXYGEN CO UNIFORMS UNILIMITED USA BLUEBOOK VALUE RECREATION INC VOSS LIGHTING W W GRAINGER INC WALTERS SWIM SUPPLIES INC WARNING LIGHTS OF MINNESOTA WATER SPECIALITY OF MN INC WATERPRO SUPPLIES CORPORATION WESTSIDE EQUIPMENT WESTWELD WILD BIRDS UNLIMITED WORDPERFECT MAGAZINE YALE INCORPORATED ZEE MEDICAL SERVICE CONTRACTED REPAIR & MAINT LICENSES & TAXES OTHER CONTRACTED SERVICES POLICE EQUIPMENT CONTRACTED REPAIR & MAINT CONTRACTED BLDG REPAIRS WASTE DISPOSAL CONTRACTED COMM MAINT DESIGN & CONST REC EQUIP & SUPPLIES EQUIPMENT PARTS TRAINING SUPPLIES DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS OTHER CONTRACTED SERVICES TELEPHONE USE OF PERSONAL AUTO OTHER CONTRACTED SERVICES EQUIPMENT RENTAL USE OF PERSONAL AUTO SAFETY SUPPLIES CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES FIRE TRUCK EQUIP REPAIR & MAINT SUPPLIES EQUIPMENT PARTS REPAIR & MAINT SUPPLIES RENTALS CHEMICALS MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT EQUIPMENT PARTS SMALL TOOLS DUES & SUBSCRIPTIONS CONTRACTED EQUIP REPAIR SAFETY SUPPLIES /0 PROGRAM EPCC MAINTENANCE STREET MAINT HUMAN RESOURCES TASTE OF PRAIRIE DELL ROAD OAK POINT SPECIAL EVENTS FITNESS CENTER EQUIPMENT MAINT EPCC MAINTENANCE SOFTBALL POLICE GENERAL WATER TREATMENT PLANT OUTDOOR CTR-STARING LAKE POLICE BIRCH ISLAND ROAD ACTIVITY CAMP EQUIPMENT MAINT WATER UTILITY-GEN WATER UTILITY-GEN WATER TREATMENT PLANT POLICE PARK MAINT GENERAL TREE DISEASE VOLLEYBALL SUNBONNET DAYS ADAPTIVE RECREATION FIRE FIRE WATER TREATMENT PLANT ROUND LAKE CONCESSIONS EPCC MAINTENANCE EQUIPMENT MAINT POOL MAINTENANCE WATER SYSTEM MAINT POOL MAINTENANCE WATER METER RDG EQUIPMENT MAINT EQUIPMENT MAINT OUTDOOR CTR PROGRAM IN SERVICE TRAINING WATER TREATMENT PLANT POOL OPERATIONS CITY COUNCIL AGENDA DATE: SECTION: Appointments October 15, 1996 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Human Resources, xA Community Information & Appointment of Student I Youth Members Services, Natalie Swaggert to Commissions Requested Action It is recommended that the Council review the proposed candidate slate for Student / Youth Members to Commissions, and take the following actions: Reappoint: Appoint: John Katzung to the Heritage Preservation commission; Cory Knudtson to the Human Rights and Diversity Commission for one additional term each, and Eric Formico to the Environmental and Waste Management Commission; John O'Donnell to the Human Rights and Diversity Commission; Melody Hasse and Jennifer Freemyer to the Parks, Recreation and Natural Resources Commission and Jessica Lind to the Planning Commission. All appointments will commence with the first commission meeting in November and conclude with the last meeting in May of 1997. Background In 1992 the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions. Students make application in September, are appointed in October, and serve terms beginning in November through the school year. Student / Youth members are non-voting. council\admin. disk \ agenda a101596.wpd J Arts Commission PROPOSED CANDIDATES STUDENT I YOUTH MEMBERS No candidates available Environmental and Waste Management Commission • Eric Formico Heritage Preservation Commission • John Katzung * Human Rights and Diversity Commission • Cory Knudtson * • John O'Donnell Parks, Recreation and Natural Resources Commission • Melody Hasse • Jennifer Freemyer Planning Commission council disk \ agenda a-yuth96.wpd \ bmm • Jessica Lind *Seeking Reappointment OFFICE USE ONLY CITY OF EDEN PRAIRIE City Hall and Offices Received: _____ _ 8080 Mitchell Road Eden Prairie. MN 55344-2230 Phone: 949-8300 TOO: 949-8399 APPLICATION FOR BOARDS and COMMISSIONS We welcome your application to serve on a City Board or Commission. Please furnish complete information to assist us in giving you fuJI consideration. Additional information which further qualifies you may be attached to this application. The City of Eden Prairie does not discriminate on the basis of race. color. religion, national origin. gender, age, marital status. sexual orientation, status with regard to public assistance or disability in the admissio.n or access to programs, services. activities, or employment. DATA PRIVACY NOTICE: Our application requests that you fumish both public and private information about yourself. Your name, address, current employment position, previous work history. education and training is public data under the Minnesota Data Act (Minn. Stat. § 13.43. subd. 2 & 3). It is available to anyone who . requests the infonnation. The data you give us about yourself is needed to identify you and assist in determining your suitability for the advisory board or commission for which you are applying. This data is not legally required, but refusal to supply the information requested may affect the City Coundl's ability to evaluate your application. lAST NAME PRESENT ADDRESS strut vc..~ RESIDENT OF EVEn PRAIRIE (II monIh RASTNAME (c\ 11~i \ , ....... -""-_ .. - Gtate zJp Pr~\rve. MIV DAYTIME PHONE EVENJNG PHONE \ t~ (Co!.) <r ( ) no Co H HtSSlo'n lYt-ter~t-: ~f-.jV I vcol\V\tte",t7\L / WfOt£" NoiL'-+ 02 -PAe.-~ ~ec. N "''''T. #2-e-S I r . ,' . • • . _ ........ ," '. r ~.:.,..a.~'~:. "' or' .: :. ' ... "::":;;'.::"' :::." '. ,', .. . . ~ .. '. .~: .. \.;~?~: ,~::;~:~\;j .. ". " PERSONAl.,:INFORMAiloN ...... : '.' ';'" '" ~ .. .', .o' . • 0" ,';:. , .. ... : •... : ", . " , .. ," .. . ~ .' :. " /. . : ... • If yo..-are currently a high school student, please Indicate I~ academic year completed. '. ~ .. ' ", . . . Positions ':".'.: ......... ~ .... .:.. .. : " " ····:i .' "Pre~nt. Employa~., Wod( Phone Number .... " ... ' : .. :'.' . .;...,' , .' .. :. ,.~ . .;,;~~ . Rw"g8 . : ... ;, ~' . . ", r'lIKA H.5. IIEDIA CLi,iCi< us= '.' . . ::: .. , ";.~.' ' . .' .... 'i:!: •. . •• ... ~.:·7 '-:-=-'::~i. ';;~" ::'~ •.. "!" ' •. 'V . ~. .' •. ' : "J .o:~ .... : ..... : ". . .··~:': ..... f·.·;--.•. ~" . -"---'~."':. • " ..• .' . .: .... :; ____ .:.':':':' _:.~.' ::. ".\ .. w: .'. I . .... .: .............. --.... -.-... _.' . . '. j, 1. What is yoUr primary Inte~t ir1~g on a City Board or ~sslon?· . '. '~. 2. As a Board or Commission member, are 1here any issues which night casue conflict between civic responsibaity and personallprofesslonaf interests? ; .. A/t")n<-._. -. . ... . '., ! ; -:~' ... ... : ... . .. . .. ., ... : .... ... 3. Ust "ny property .owned in Eden Prairie (other than your residence) • . /Vot'\~ .... . , - r. r f -.. ;:. ,. t' .. -.-.-.. , ~ ... _. -"'~ ...•... ''''f';''':' .. ·:::;,/,:-· .. r;·-·~·-·;~-,:,··· .' .. ~: :. .... : .. : .. ~;. . ... _ .. . . r .. -:---' .. :-:: . .-... : .... - l r-H-..ve-you-·-eve-· -r""!"-been-·:·-. -corMcted-· ~-.-....... ·of-. -a-fe-Ion-· ,-,., .. -.-.. ,-·/'.~.l"no-----~(-:-)~va-.. --u--·-pl-· ---.-ft---s..f·----a-.... -.fo-u-u....--...... ,-.... -... ~ .. t---~~--~~--~--~~.,~'~VJ~--~~~~7~-~~~~,~e~~=~~.~.~~~u~-~-~-"~.~·~--~t=·.~---~~·· t What? '.-:~:-~-.; .~ .. -.- i i ... : . l " ,'. ..•.... : .. Where?- , L_ ,--:-1- ".1.' .. ... ,. I I i I . .' . , . . ..~"",":~~~.~.-;. :,·IMPORTANT: . READ BEFORE SIGNINGIt ;;::.::::~.;:;: .. . .... ~:----... __ ... : .... ~ ..:,.;..) ..... . '.;~.:' . ': ...... . .. :.-' ::~9ri\~~1~f-< ~:~~~#~~.;.:>;;~~.t~~~:j; .. ~~.:i;;;;.:-.:,;.~· :~'.' . AD Boards and COmmissIons ara ~ (excepl1he Board of Appeals.and Adjusrmenis) and appoIq1mefd of membarSant made and confirmed by the City CouncI. The tenn8 of each appointee ant estabrl&had and stated at the tine of hJsIher. ~ntmentraAdtermsof prasentmernbers.can b8 ~d. No membeuna.yM..appointed to mo~· '. than two (2) tun conseCutive terms sxcept by unanimous wte or the CcutciL New appointea& assume otiIce on April 1 ;and the fast day of March 1& 1he date ofaxpindion of terms.. . AI vacancies are filled In the same manner as for an expired term, but the appointment Is effadiV8 immediately when made and only for the ulimcpifed term.' '. .. .. . .. All appointed members _lYe without remuneraUan, but may be reimbursed for' out~-packet upenseS Incurred in the : .. performance of 1heir duties when such upenses have been authorized by the Council. Any me~r inay ~.~ by the Council for lust cause by a two-thkds wte of the' COunCil and hIsIher position wtil be filled as any other vacency. Each Board and Convnission holds its regular meeUngs at an established time. All membetS are required to be residents of the City. except lor the Aying Cloud AIrport Advisory Commission and the Environment81 and Waste Management ~mmf&sion.·The Cfty M8Ilager or hislher designee servus as a nOn-~ ax..offtclo member of each Board or Commission. " ThB factS set forth In·my application ar8 true and corriplete. I understand that if appointed, false statements on thIs applicatiort shall be consIdered cause for dismissal. I authodte Investigation of all statements and matters contained in this application whIch the City of Eden Prairie may deem relevant to my appointment. 9-Jo-9eo· ~natureof~ ...... . Date ... Office Use Only 1: • . .' .. .. AppoIntment Record .. TermBeain .~. ";:: ... -........ . 0 .. ;'-.... " • .... .. ;;:.~~-.. ; .::> ... :-.,'\: ... ~< .. :.~: .... ~--f .... " .. ; ''-. :.~ : ... " . ' ':..~. :.: ...... : . ". ~ .. f· .:. ....... . ~ . ..... . . . ' .... ' TermEnd· _.-. . '.' ~." .'-.' ...... ... . ~'" . .. :' .) . ..... "! .~ • . ...•...• 1". ;i ; . .,' CITY OF EDEN PRAIRIE City Hall and Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 Phone: 949-8300 TOO: 949-8399 APPLICATION FOR BOARDS and COMMISSIONS OFFICE USE ONLY Received: _____ _ Response: _____ _ We welcome your application to serve on a City Board or Commission. Please furnish complete Information to assir.! us in giving you full consideration. Additional information which further qualifies you may be attached to this application. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance or disability in the admission or access to programs, services, activities, or employment. DATA PRIVACY NOTICE: Our application requests that you furnish both public and private information about yourself. Your name, address, current employment position, previous work history, education and training is . public data under the Minnesota Data Act (Minn. Stat. § 13.43, subd. 2 & 3). It is available to anyone who requests the information. The data you give us about yourself is needed to identify you and assist in determining your suitability for the advisory board or commission for which you are applying. This data is not legally required, but refusal to supply the information requested may affect the City Council's ability to evaluate your application. FIRST NAME Joh RESIDENT OF EDEN PRAIRIE SInce month /91/ year I would be available for regular meetings as requIred? Fonn c:c-appIcLwpcI Rev 1/96 DAYTIME PHONE EVENING PHONE 7-.-6~/ lno PERSONAL INFORMATION * If you are currently a high school student, please indicate last academic year completed. P Form c:c-applct. wpd Rev 1198 Area of Emphasis Work Phone Number l1-00 1. What is your primary interest in serving on a City Board or Commission? 2. As a Board or Commission member, are there any issues which might casue conflict between civic responsibility and personaVprofessional interests? X D 3. List any property owned in Eden Prairie (other than your residence). j{ 0 n f~ ; Have you ever been convicted of a felony? (Xl no ) yes If yes, please complete the following. What? Where? 9 IMPORTANT: READ BEFORE SIGNINGII All Boards and Commissions are advisory (except the Board of Appeals and Adjustments) and appointment of members are made and confirmed by the City Council. The terms of each appointee are established and stated at the time of hislher appointment, and terms of present members can be re-established and changed. No member may be appointed to more than two (2) full consecutive terms except by unanimous vote of the Council. New appointees assume office on April 1 and the last day of March is the date of expiration of terms .. All vacancies are filled in the same manner as for an expired term, but the appointment is effective immediately when made and only for the unexpired term. All appointed members serve without remuneration, but may.be reimbursed for out-ot-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council. Any member may be removed by the Council tor just cause by a two-thirds vote of the Council and hislher position will be filled as any other vacancy. Each Board and Commission holds its regular meetings at an established time. All members are required to be residents of the City, except for the Flying Cloud Airport Advisory Commission and the Environmental and Waste Management Commission. The City Manager or hislher designee serves as a non-voting ex-officio member of each Board or Commission. The facts set forth in my application are true and complete. I understand that if appointed, false statements on this application shall be considered cause for dismissal. I authorize investigation of all statements and matters contained in this application which the City of Eden Prairie may deem relevant to my appointment. Office Use Only Appointment Record B dlC oar ommlsslon Term BeQin T erm Ed n , 10 CITY OF EDEN PRAIRIE City Hall and Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 Phone: 949-8300 TOO: 949-8399 APPLICATION FOR BOARDS and COMMISSIONS OFFICE USE ONLY Received: ______ _ Response: _____ _ We welcome your application to serve on a City Board or Commission. Please fumish complete information to assif~ us in giving you full consideration. Additional information which further qualifies you may be attached to this application. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance or disability in the admission or access to programs, services, activities, or employment. DATA PRIVACY NOTICE: Our application requests that you fumish both public and private information about yourself. Your name, address, current employment position, previous work history, education and training is public data under the Minnesota Data Act (Minn. Stat. § 13.43, subd. 2 & 3). It is available to anyone who requests the information. The data you give us about yourself is needed to identify you and assist in determining your suitability for the advisory board or commission for which you are applying. This data is not legally required, but refusal to supply the information requested may affect the City Council's ability to evaluate your application. . LAST NAME FIRST NAME Ha.s&4!.. Meloci'i PRESENT ADDRESS street 1'5\bO \roY'l'Nooci Q:oW-T RESIDENT OF EDEN PRAIRIE Since ~~~ month lq~S . year I would be available for regular meetings as required? Form c:c-applct.wpd Rav1/98 . - city state , zip Eden ·P\'-~.h· \~ \\AN 553~fo DAYTIME PHONE EVENING PHONE 93 "l-Sq-a0 931-593D ~ yes ( I no 1/ PERSONAL INFORMATION Institution Degree/Credits· * If you are currently a high school student, please indicate last academic year completed. Present Employer Position Title Major Responsibilities Form c:c-applcl. wpd Rev 1/96 Location I~ Area of Emphasis Work Phone Number 1. What is your primary interest in serving on a City Board or Commission? 2. As a Board or Commission member, are there any issues which might casue conflict between civic responsibility and personaVprofessional interests? 3. List any property owned in Eden Prairie (other than your residence). ; Have you ever been convicted of a felony? ¥l no yes If yes, please complete the following. What? I ..., Where? IMPORTANT: READ BEFORE SIGNING!! All Boards and Commissions are advisory (except the Board of Appeals and Adjustments) and appointment of members are made and confirmed by the City Council. The terms of each appointee are established and stated at the time of his/her appointment, and terms of present members can be re-established and changed. No member may be appointed to more than two (2) full consecutive terms except by unanimous vote of the Council. New appointees assume office on April 1 and the last day of March is the date of expiration of terms. All vacancies are filled in the same manner as for an expired term, but the appointment is effective immediately when made and only for the unexpired term. All appointed members serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council. Any member may be removed by the Council for just cause by a two-thirds vote of the Council and his/her position will be filled as any other vacancy. Each Board and Commission holds its regular meetings at an established time. All members are required to be residents of the City, except for the Flying Cloud Airport Advisory Commission and the Environmental and Waste Management Commission. The City Manager or his/her designee serves as a non-voting ex-officio member of each Board or Commission. The facts set forth in my application are true and complete. I understand that if appointed, false statements on this application shall be considered cause for dismissal. I authorize investigation of all statements and matters contained in this application which the City of Eden Prairie may deem relevant to my appointment. Office Use Only Appointment Record B dlC oar ommlsslon T erm B . eQIn T erm E d n Ii{ CITY OF EDEN PRAIRIE City Hall and Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 Phone: 949-8300 TOO: 949-8399 APPLICATION FOR BOARDS and COMMISSIONS OFFICE USE ONLY Received: _____ _ Response: _____ _ We welcome your application to serve on a City Board or Commission. Please fumish complete information to assir.! us in giving you full consideration. Additional information which further qualifies you may be attached to this application. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance or disability in the admission or access to programs, services, activities, or employment. DATA PRIVACY NOTICE: Our application requests that you fumish both public and private information about yourself. Your name, address, current employment position, previous work history. education and training Is public data under the Minnesota Data Act (Minn. Stat. § 13.43, subd. 2 & 3). It is available to anyone who requests the information. The data you give us about yourself is needed to identify you and assist in determining your suitability for the advisory board or commission for which you are applying. This data is not legally required, but refusal to supply the information requested may affect the City Council's ability to evaluate your application. LAST NAME FIRST NAME PRESENT ADDRESS street RESIDENT OF EDEN PRAIRIE Since month lq 8J" year I would be available for regular meetings as required? Fonn c:c-epplct.wpd Rev 1/96 city state \ zip DAYTIME PHONE EVENING PHONE 1}<1 yes ( ) no PERSONAL INFORMATION * If you are currently a high school student, please indicate last academic year completed. Present Employer Position Title Major Responsibilities Form c:c-epplcLwpd Rev 1/98 Dates of Location Positions Work Phone Number 1. What is your primary interest in serving on a City Board or Commission? 2. As a Board or Commission member, are there any issues which might casue conflict between civic responsibility and personaVprofessional interests? iJ,.() , 3. List any property owned in Eden Prairie (other than your residence). Have you ever been convicted of a felony? (~ no yes If yes, please complete the following. What? Where? 11 IMPORTANT: READ BEFORE SIGNINGII All Boards and Commissions are advisory (except the Board of Appeals and Adjustments) and appointment of members are made and confirmed by the City Council. The terms of each appointee are established and stated at the time of hls/her appointment, and terms of present members can be re-established and changed. No member may be appointed to more than two (2) full consecutive terms except by unanimous vote of the Council. New appointees assume office on April 1 and the last day of March is the date of expiration of terms. All vacancies are filled in the same manner as for an expired term, but the appointment is effective immediately when made and only for the unexpired term. All appointed members serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred In the performance of their duties when such expenses have been authorized by the Council. Any member may be removed by the Council for just cause by a two-thirds vote of the Council and hls/her position will be filled as any other vacancy. Each Board and Commission holds its regular meetings at an established time. All members are required to be residents of the City, except for the Flying Cloud Airport Advisory Commission and the Environmental and Waste Management Commission. The City Manager or his/her designee serves as a non-voting ex-officio member of each Board or Commission. The facts set forth in my application are true and complete. I understand that if appointed, false statements on this application shall be considered cause for dismissal. I authorize Investigation of all statements and matters contained In this application which the City of Eden Prairie may deem relevant to my appointment. Date Office Use Only AppOintment Record Board/Commission Term BeQin Term End OFFICE USE ONLY CITY OF EDEN PRAIRIE City Hall and Offices Received: _____ _ 8080 Mitchell Road Eden Prairie, MN 55344-2230 Response: _____ _ Phone: 949-8300 TOO: 949-8399 APPLICATION FOR BOARDS and COMMISSIONS We welcome your application to serve on a City Board or Commission. Please furnish complete Information to assir.! us in giving you full consideration. Additional information which further qualifies you may be attached to this application. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance or disability in the admission or access to programs, services, activities, or employment. DATA PRIVACY NOTICE: Our application requests that you furnish both public and private information about yourself. Your name, address, current employment position, previous work history, education and training is public data under the Minnesota Data Act (Minn. Stat. § 13.43, subd. 2 & 3). It is available to anyone who _ requests the information. The data you give us about yourself is needed to identify you and assist in determining your suitability for the advisory board or commission for which you are applying. This data is not legally required, but refusal to supply the information requested may affect the City Council's ability to evaluate your application. LAST NAME FIRST NAME UNO JESSI(/9 PRESENT ADDRESS street f9t(OC( ~e#f-PL. RESIDENT OF EDEN PRAIRIE Since mo..LA month 1~5S0l year --J I would be available for regular meetings as required? --------",.., ---rC.Otq#w1\~S'~n of Form C:C-IPPIct. wpd R..,1/98 city state zip ; ~53i{P ererv PRnf!.lE / (i7N DAYTIME PHONE EVENING PHONE -134--8:8 d '-I - ?< yes ( ) no PERSONAL INFORMATION Institution Degree/Credits· • If you are currently a high school student, please indicate last academic year completed. L L/%) C(}{jj'v(j L Present ED'lployer Position ntle Major Responsibilities Fonn c::c-applct.wpd Rwl/96 Area of Emphasis Work Phone Number 1. What is your primary interest in serving on a City Board or Commission? 2. As a Board or Commission member, are there any issues which might casue conflict between civic responsibility and personaVprofessional interests? 3. List any property owned in Eden Prairie (other than your residence). Have you ever been convicted of a felony? (X) no yes If yes, please complete the following •. What? Where? IMPORTANT: READ BEFORE SIGNING!! All Boards and Commissions are advisory (except the Board of Appeals and Adjustments) and appointment of members are made and confirmed by the City Council. The terms of each appointee are established and stated at the time of hislher appointment, and terms of present members can be re-established and changed. No member may be appointed to more than two (2) full consecutive terms except by unanimous vote of the Council. New appointees assume office on April 1 and the last day of March is the date of expiration of terms. All vacancies are filled in the same manner as for an expired term, but the appointment is effective immediately when made and only for the unexpired term. " All appointed members serve without remuneration, but may be reimbursed tor out-ot-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council. Any member may be removed by the Council for just cause by a two-thirds vote of the Council and hislher position will be filled as any other vacancy. Each Board and Commission holds its regular meetings at an established time. All members are required to be residents of the City, except for the Flying Cloud Airport Advisory Commission and the Environmental and Waste Management Commission. The City Manager or hislher designee serves as a non-voting ex-officio member ot each Board or Commission. The facts set forth in my application are true and complete. I understand that if appointed, false statements on this application shall be considered cause for dismissal. I authorize investigation of all statements and matters contained in this application which the City of Eden Prairie may deem relevant to my appointment. 911q/q te Sig~cant Date Office Use Only Appointment Record B dlC oar om mIssIon T erm BeQin T erm E d n .. 22.. ~ .. EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works Public Works ~ I Fee Modification DEPARTMENT: ~~ ITEM DESCRIPTION: I.C. 96-5417 Eugene A. Diet riAl Parks/Public Works Maintenance Facility Requested Action: DATE: 10/15/96 ITEM NO: Xl E , ---- Staff recommends that the attached professional services supplement be approved and that the Mayor and City Manager be authorized to execute the document with Kodet Architectural Group. Based on a revised construction cost of $4,100,000, the fees will be increased from $230,000 to $310,000. Background: In April, 1996, the City requested proposals from two architectural firms for professional services to design our new Parks/Public Works Maintenance Facility. In order to evaluate the estimated cost for those services, the RFP identified the expected services to be provided along with a budget of $3,250,000 (including construction cost and all associated fees). During the past five months, the architect has been meeting with a group of approximately 15 City staff to develop a program and a schematic design for the project. The result is a well conceived preliminary plan and an unrealistic budget that was established for RFP purposes. Based on this plan, Staff has negotiated a fee increase of $80,000 to cover the cost of designing the facility with the revised scope of services. In addition to the fee, the contract amendment proposes that there will be no fixed limit of construction cost for the agreement with the architect. By eliminating this feature from the contract, we are able to reduce the additional fees by over $11,000 because the architect would not be required to redesign the project if bids came in over the fixed limit of construction costs. It appears that there are a lot of projects available to contractors and the bidding climate is not particularly competitive right now. This contract revision commits the architect to providing at least $400,000 in alternates so as to ensure the project coming in on budget and by reducing his risk of having to redraw the project, the City will save $11,250 in fees. Fees for services aside, the primary issue for this project remains to be focused on the sale of our existing facility to MnDOT. Without the full funding picture available to the City Council, it leaves the entire process in a very tenuous position. However, the one thing we are certain of is that we are on a committed path to relocate the maintenance facility. The only way to ensure that we can meet a reasonable schedule to vacate the existing facility is to stay on track with the design. Therefore, staff recommends that the amendment to the contract with Kodet Architectural Group be approved. I Financial Implications: As noted, the final funding package for this project is still not available, however, a basic strategy has been developed. The focus of the Public Works Department has been towards developing a design leading to construction of the Maintenance Facility in a time frame to allow construction of TH 212. Since, the City will also lose Fire Station #1, the Public Safety Department is involved in a process to develop programming leading to construction of a new fire station as well. The preliminary offer from MnDOT to acquire the two buildings is slightly less than 50% of what we believe to be the current value. Needless to say, the negotiation process must be fully resolved before a final budget plan can be developed. In 1991, the proposed Capital Improvements Plan anticipated contributions from the General Fund of approximately $1,000,000 for the Maintenance Facility and $250,000 for the relocated fire station --primarily due to the anticipated needs for growth in both facilities. The amount coming from MnDOT cannot be over emphasized in terms of its importance to the ultimate financing plan, but based on assumption that we receive at least 90% of our expected value, staff is committed to an approach of developing a plan that will require a much reduced ( or no) obligation to future General Fund resources. The revenue sources being discussed include: • One-time revenues • Existing available tax increment finance dollars • Contributions to the Maintenance Facility for a portion of the Fleet Services capital costs of the new Maintenance Facility. • Municipal State Aid funds At this time, staff plans to bring the concept plans and/or preliminary design for each of these facilities and a proposed financing plan to City Council after the first of the year. I will be available at the Council meeting to answer additional questions. . 'i ARCHITECT FILE Professional Services Supplement AlA Document G604 -Electronic Format nus DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401. In accordance with the AGREEMENT dated: April 22. 1996 BETWEEN: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 and: Kodet Architectural Group, Ltd 15 Groveland Terrace Minneapolis MN,55403 for the Project: (Insert Project name and address as it appears in the Agreement.) Remodeling and addition to the Parks/Public Works Maintenance Facility Located at 15150 Technology Drive. Scope includes building on site Lot #2, Block #1 East Industrial Division [ ~] authorization is (feEt'lesteEl) (given) [] to proceed with Additional Services [ ] (strike one) [ ~] to proceed with revised scope of Basic Services [] to incur Reimbursable Expenses OR notification is made [] of the need to proceed with Contingent Additional services [ ] of the need for other services AS FOLLOWS: The following adjustments shall be made to compensation and time. Compensation: (Insert provisions in accordance With the Agreement, or as otherwise agreed by the parties.) Paragraph 11.2,1 is revised JQ. read. _ For Basic Services, Except Program Development $310,000. _ For Program Development $10,000._ Services based on a construction scope of $3,700,000 and $400,000 of Add alternates with a Construction _ cost of $4.100.000. _ Paragraph 5.2.2 is amended.E. that there is 1lQ. fixed limit of Construction Cost established ~ ~ condition...Qf this agreement and the First sentence.: The fixed limit..Qf Construction Cost A $2.850,000.00 is deleted and it is mutually understood that there is no fixed limit of Construction Cost established as a condition of this Agreement. . AlA DOCUMENT G604 -PROFESSIONAL SERVICES SUPPLEMENT -AlA -COPYRIGHT 1993 _ THE AMERICAN INSTITIITE OF ARCHITECTS, 173' NEW YORK AVENUE N. W., WASHINGTON D.C. 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Format 0604 -1993 User Document: G604390,DOC -10/4/1996. AlA License Number 67838, which expires on 61111997 -Page #1 ~ Time: As Mutually Detennined (lnsen provisions covering time of commencement and completion of authorized services as applicable.) Prompt written notice is required if the services indicated are not needed. Edward J Kodet Jr .. FAIA (printed name and title) (Date) /0.,/-f~ AUTHORIZATION IS GIVEN or NOTIFICATION IS ACKNOWLEDGED BY: (Signature) Jean L. Harris. Mayor. City of Eden Prairie Carl 1. Julie. City Manager (printed name and title) (Date) AlA DOCUMENT G604 -PROFESSIONAL SERVICES SUPPLEMENT -AlA-COPYRIGHT 1993 -THE AMERICAN INSTmJTE OF ARCHITECTS,l73S NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-S292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Format (}604 -1993 User Document: G604390.DOC -10/4/1996. AlA License Number 67838, which expires on 6/1/1997 -Page #2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 10/15/96 SECTION: REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT ITEM NO. . DEPARTMENT: ITEM DESCRIPTION: Finance Department Chris Enger AWARD CONTRACT FOR CONSTRUCTION OF John Frane MUNICIPAL LIQUOR STORE NO.4 Don Uram Requested Council Action: Staff recommends that the City Council approve resolution awarding contract for construction of Municipal Liquor Store No.4 to Hunnerberg Construction Company. Background: On September 17, the City Council authorized staff to solicit bids for the construction of Municipal Liquor Store No.4. Staff advertised for bids in the September 26 Eden Prairie News, the September 27 and the October 4 editions of the Construction Bulletin and the Dodge Report. A total of 12 general contractors registered with the Dodge Report. Of the total, seven bids were received and opened on October 11 at 1:30 in the City Council Chambers. The low bidder was Hunnenberg Construction Company with a base bid of $1,216,000 (see attached Bid Summary). This project will be funded internally. Construction is expected to begin when the contract is awarded with building completion expected sometime in Spring, 1997. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR MUNICIPAL LIQUOR STORE NO.4 WHEREAS THE CITY OF EDEN PRAIRIE prepared plans and specifications, advertised, received and opened bids for construction of Municipal Liquor Store No.4. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Assistant City Manager recommends award of Contract to HUNNERBERG CONSTRUCTION COMPANY as the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Hunnerberg Construction Company in the name of the City of Eden Prairie in the amount of $1,216,000 (Base Bid) in accordance with the plans and specifications thereof approved by the Council and on file in the office of the Finance Director. ADOPTED this 15th day of October, 1996 by the Eden Prairie City Council. Dr. Jean Harris, Mayor ATTEST: John D. Frane, City Clerk .. ~ I • , .\ ." . ':: . ',' . 6129499047 WILKUS RRCHITECTS , 15. OctC?b~r 1996 Mr. boii.a'~. Uram .:City of ':den prairie .' eQ80 Mitchell Road .Ed~n Prairie, MN 55344 '" · -REt CITY OF·EDEN PRAIRIE . . . MUNICIPAL UQUOR STORE NO.4 Dear Mr. Urarn: 134 P02 OCT 15 '96 17:16 .. ' " · '. W~ have revieVYed the bids re~rved 'on. October 11;. 1900 for the ~ubject . project.. . A total of 7 bids. were received. We reconimend (Award of the project to Huhderberg Cohstru~on Company, the contractor responsible for the, lowest bid, for a total bid amount of $1,216,000.00. 'If you have any· questions', or if you'lie~d E,tnyadditional information, please give ~e ~.~~n a~ ~49-0985. Thank you, .. · . :Sinoer~IY, . . .. Mlchael·J~ WU~us Architects, Inc. '. . t l·~· ... ~ ::.\i~ ., J-WA4------.;..:..~ . . MiChael 'J. ·Wilkus, AlA . . . .,' . . 'Pr()j~ct Architect . : ~iO:lAb~ j: Wt,LKU6 . : ,'AR~IT~CT6. INC. ' .. '. "14160 ~.s.~ 78TIJ °T!;I~q '. , !;~N ~'RI(;. MINNt:6PTA ..' (bg> Q49..Qq&5 . 5S344 . crIW Q4Q-Q047' . ; . ". , :. . ~. ' 6129499047 WILKUS ARCHITECTS 135 P01 OCT 15 '96 17:20 Bid Tabulation • Eden Prairie Municipal Development Municipal Liquor Store NO.4 and Tenant Space Eden Prairie. MN Project No. 0447 Bidder Name Base Bid Lund-Martin $1.238,000.00 Rochon $1,250,000.00 Mlkkelson-Wulff $1,228,000.00 United Contracting $1,262,700.00 Hunerberg Construction $',216,000.00 ML Ryan $1.229,500.00 American Liberty $1.303,500.00 Bid Awarded to: