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HomeMy WebLinkAboutCity Council - 06/06/1995AGENDA CITY COUNCIL/STAFF WORKSHOP TUESDAY, JUNE 6, 1995 COUNCILMEMBERS: CITY COUNCIL STAFF: I. CALL MEETING TO ORDER ll. ITEMS FOR DISCUSSION A. Conflict of Interest B. Gifts C. Open Meetin& Law m. OTHER BUSINESS IV. ADJOURNMENT 6:00 PM, CITY CENTER Training Room 8080 Mitchell Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Director of Community & Economic Development Chris Enger, Assistant to the City Manager Craig Dawson, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, Director of Human Resources & Community Services Natalie Swaggert, Director of Finance John Frane, Director of Inspections Kevin Schmieg, Director of Assessing & MIS Steve Sinell, City Engineer AI Gray, Chief of Police Jim Clark, City Attorney Roger Pauly AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 6, 1995 COUNCllMEMBERS: 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 ThOlfmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. JuDie, Director of Community & Economic Development Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder HENNEPIN COUNTY LIBRARY PRESENTATION I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ll. OPEN PODIUM m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 23, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SAMPSON OFFICE STUDIO 2nd Reading of an Ordinance for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres and Zoning District Change from Rural to 1-2 Zoning District on 4.519 acres, Adoption of a Resolution Approving Site Plan Review on 4.519 acres and Approval of a Developer's Agreement for Sampson Office Studio by R. M. Sampson, Inc. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Change from Rural to 1-2 Zoning District and Resolution for Site Plan Review) C. BLUFFS EAST 16TH 2nd Reading of an Ordinance for Planned Unit Development District Review on 12.88 acres and Rezoning from Rural to RM-6.5 on 12.88 acres and Approval of a Developer's Agreement for Bluffs East 16th by Hustad Land Company. (Ordinance for PUD District Review and Rezoning from Rural to RM-6.5) city Council Agenda Tuesday, June 6, 1995 Page Two D. RIVERVIEW HEIGHTS 2ND ADDITION 2nd Reading of an Ordinance for PUD District Review with waivers on 12.85 acres and Approval of a Developer's Agreement for Riverview Heights 2nd Addition by Hustad Land Company. (Ordinance for PUn District Review) E. BIRSCHLER ADDITION 2nd Reading of a Zoning District Amendment within the RI-13.5 Zoning District and Approval of a Developer's Agreement for Hirschler Addition by Ned Hirschler. (Ordinance for Zoning District Amendment) F. RESOLUTION APPROVING FINAL PLAT FOR HIRSCHLER ADDITION Oocated on extension of Canterbury Lanel G. RESOLUTION APPROVING FINAL PLAT OF RIVERVIEW HEIGHTS 2ND ADDITION Oocated south of Riverview Road on the extension of Landin, Road) H. RESOLUTION APPROVING FINAL PLAT OF BLUFFS EAST 16TH ADDITION Oocated west of County Road 18 and east of Nonnandy Crest) I. RESOLUTION APPROVING FINAL PLAT OF HARTFORD PLACE 3RD ADDITION Oocated south of Rollin, Hills Road) J. RESOLUTION APPROVING FINAL PLAT OF BELL OAKS ESTATE 8TH ADDITION Oocated south of Riverview Road) K. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEWER CROSSING MITCHELL ROAD, I.C.95-5386 L. BIDS FOR REPLACING DASHER BOARD SYSTEM FOR RINK 1 AT THE COMMUNITY CENTER V. PUBUC HEARINGSIMEETINGS A. SALE AND TRANSFER OF CABLE TELEVISION FRANCHISE TO TIME WARNER, INC. Continued from April 18, 1995 (Resolution) B. VACATION 95-04, VACATION OF DRAINAGE AND UTILITY EASEMENT IN MARKHAM KNOLLS ADDITION (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS City Council Agenda Tuesday, June 6, 1995 Page Three IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMI'ITEES x. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt. Preliminary Review of Development & Land Alteration Plans (Continued from May 23, 1995) F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 23, 1995 COUNCIL MEMBERS: 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 Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie Assistant City Manager Chris Enger Director of Parks, Recreation & Natural Resources Bob Lambert Director of Public Works Gene Dietz City Attorney Roger Pauly Council Recorder Mayor Harris called the meeting to order at 7:30 p.m. AWARD SALE OF $1,685,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 1995A (Resolution 95-99) AWARD SALE OF $3,275,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B (Resolution 95-100) David MacGillivray, from the City'S financial advisor, Springsted, Inc. reported on bids for the above General Obligation Bonds. Proceeds would go to refinance both building and improvement refunding bonds. General Obligation Building Bonds originally issued at 6.78% were bid to be refinanced by Kemper Securities at 5.137%. General Obligation Improvement Refunding Bonds issued at 7.01 % were bid to be refinanced by Kemper Securities at 4.78 %. Refinancing would result in a future interest cost reduction of approximately $360,000. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt Resolution No. 95-99 and Resolution No. 95-100 to approve the bond refinancing of $1,685,000 and $3,275,000 through Kemper Securities, Inc. Motion carried unanimously. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINFSS Pidcock added item XI.A.l., Update on Meeting With Met Council administrator. Harris added items XI.A.2., 1994 Tree City Award, and XI.A.3., Speed Limit Issues on Highway 101. Jullie added item XI.D.l., Affordable Housing Sites. Pauly CITY COUNCIL MINUTFS May 23, 1995 Page 2 noted two items needing Council attention: item IV.F. revisions to agreement under consideration, and item VJ.G. addition of agreement with owner of building to cooperate with City for removal of building and specially assessed costs of $6,200 against the property -contracts should be approved subject to receipt of consent from mortgagee of the property. MOTION: Tyra-Lukens moved, seconded by Pauly, to approve the Agenda as published and amended. Motion carried unanimously. n. OPEN PODIUM No one addressed the Council. m. MINUTFS A. CITY COUNCIL MEETING HELD TUESDAY, MAY 9, 1995 MOTION: Pauly moved, seconded by Pidcock, to approve the minutes as ' published of the City Council meeting held Tuesday, May 9, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE NO. 18-95 AMENDING CITY CODE CHAPfER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS. AND ADOPTING BY REFERENCE CITY CODE CRAnER 1 AND SECTION 2.99 C. AUTHORIZE ARCHITECT SELECTION PROCESS FOR PUBLIC WORKS/PARKS DEPARTMENT MAINTENANCE FACILITY D. REQUEST TO TRANSFER FUNDS FOR PURCHASE OF TURF AERATION EQUIPMENT E. APPROVE THE AMENDMENT FOR C. H. ROBINSON LEASE F. APPROVE CONTRACT FOR SISINNI FOOD SERVICES CITY COUNCIL MINUTES May 23, 1995 Page 3 G. APPROVE AGREEMENT FOR DEMOLITION OF HAZARDOUS BUILDING AT 8560 FRANLO ROAD The agreement was amended to state that owner of building would cooperate with the City for removal of buildings, and that the costs of $6,200 would be specially assessed against the property. Contracts will be approved subject to receipt of consent from the mortgagee of the property. H. RESOLUTION NO. 95-101 AWARDING CONTRACT FOR EDEN PRAIRIE MARKETCENTER URBAN DESIGN IMPROVEMENTS I. RESOLUTION NO. 95-102 APPROVING FINAL PLAT OF VILLAGE KNOLLS 3RD ADDITION Oocated east of Homeward mils Road on the extension of Gristmill Ridee) J. RESOLUTION NO. 95-103 APPROVING FINAL PLAT OF EDENV ALE 23RD ADDITION Oocated south of Valley View Road and west of Equitable Drivel K. RESOLUTION NO. 95-104 APPROVING SYSTEM AGREEMENT FOR MnDOT'S TEMPORARY SIGNAL SYSTEM AT PRAIRIE CENTER DRIVE AND TECHNOLOGY DRIVE. I.C. 93-5306 Mayor Harris asked Nancy Tyra-Lukens if she would be willing to represent the Council. Tyra-Lukens accepted. MOTION: Moved by Pidcock, seconded by Case, to approve items A-K with amendments on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETINGS A. BOSTON MARKET by Northstar Restaurants. Request for PUD Concept Review on 14 acres, Request for PUD District Review on 0.8 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 0.8 acres, Site Plan Review on 0.8 acres and Preliminary Plat of 7.1 acres in two lots. Location: Tower Square Shopping Center south of McDonald's. (Resolution No. 95-105 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 95- 106 for Preliminary Plat) Vincent Driessen, representing Boston Market, commented that his company was in concurrence with the recommendations of the Staff Report. CITY COUNCIL MINUTES May 23, 1995 Page 4 Peter Hilger, of Portfolio Design, reviewed the site proposal. The brick building is just under 3000 square feet and will have a red glazed block band that will go around the building representing the trademark and theme for Boston Market. The site will contain 42 parking stalls and a drive-up window; Enger pointed out that this is the last vacant parcel of the Tower Square development located in the northeast corner of Highway 169 and Prairie Center Drive. Project is consistent with all City Ordinances. Planning Commission made a unanimous recommendation for approval at the April 24th meeting based on the Staff recommendation of April 21st. Plan was not reviewed by the Parks, Recreation & Natural Resources Commission. MOTION: Moved by Tyra-Lukens, seconded by Thorfinnson, to close the public hearing, adopt Resolution No. 95-105 for PUD Concept Review on 14 acres, approve the 1 st Reading of an Ordinance for PUD District Review and Zoning District Amendment on .8 acres, adopt Resolution No. 95-106 for Preliminary Plat approval, and direct staff to prepare a development agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PA YMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens, and Harris voting "aye." vu. ORDINANCES AND RESOLUTIONS vm. PETITIONS. REOUESTS AND COMMUNICATIONS A. REQUEST FROM RESIDENTS OF SUNSHINE DRIVE AND MOONLIGHT DRIVE Gary Diamond addressed Council regarding the neighborhood concern of the tax-forfeited parcel of land by Edenvale Boulevard and Woodland Drive. The neighborhood group was hopeful that the Council would concur with its recommendation regarding this property. Dean Ravel spoke before the Council stating that his family left an over- crowded and overdeveloped area for wetlands and nature in Eden Prairie. CITY COUNCIL MINUTES May 23, 1995 Page 5 What attracted his family to Eden Prairie was quickly disappearing. He noted Eden Prairie residents put their money where their heart was to save the land when they approved the referendum to purchase the Sugar Maple and Basswood Forest with 400+ year old trees. He believed that the City's decisions should not all be made on a purely financial scale. This 8.7-acre parcel is enjoyed by residents, motorists, and wildlife. Any development of this area will have negative impact on the existing and future of this wildlife habitat. He quoted from a newspaper article about the views of 6th graders about our community. Much can be gained from looking at the environment from a youth's eyes. Mike Enright shared that he and his family had moved into the area one year ago. A neighbor told him that 15 years ago he and his children used to pull strings of small mouth bass from the pond. When homes bordering the pond were purchased, buyers were told that this was DNR protected wetland and would not be developed. He related that it was puzzling for the neighborhood to understand the determination on the part of the City Staff to develop this wildlife habitat in order to reap what appears to be a very minimal financial return. Tom Dixon also spoke on behalf of the Sunshine neighborhood. His family moved to Eden Prairie from LA where land is in short commodity. They propose the Council place more emphasis on quality of life issues over the small possible tax revenue. They fear the future of this parcel is being decided on only by the City'S bottom line. He related what he understood to be the process of disposing of tax-forfeit properties. Gary Diamond requested Council to consider passing a Resolution relating to this tax-forfeited land. City Manager Jullie commented that the Eden Prairie Council and Staff are committed to preserving open space. What staff is responding to is the fiduciary responsibility it has to the community to try to recover assessments against this parcel. The wetland boundaries on this parcel of land are now being determined, and the DNR and Watershed District are involved in this process. He asked if residents at the neighborhood meeting were still interested in sharing some of the cost of this parcel. Case requested if Mr. Pauly could report back to Council on the legal ramifications of this proposal for further Council consideration. Dietz informed Council that the DNR work is completed and the Watershed District work remains to be done. Work should be completed in 1-2 weeks. CITY COUNCIL M1NUTF.S May 23, 1995 Page 6 Pidcock inquired as to how many homes were adjacent to this area (45 homes are in development with 20 homes backing up to parcel) and if homeowners were willing to consider an assessment on their home of approximately $17771 Mr. Diamond said that the neighborhood would be happy to consider this for the next meeting. However, at a previous meeting it was suggested that the neighborhood purchase the parcel for $120,000 and pay it off over a 20-year period. Thorfinnson raised the question, putting dollar amounts aside, if there would be consideration among the neighborhood to purchase this parcel? The response was that at this time they would like to see the property taken by the City as tax-forfeited land. Purchase of the property by the neighborhood is far down the list of options. Mayor Harris stated that she wanted to remove any impressions that the City Staff had acted in a retaliatory manner. To the contrary, Eden Prairie believes in partnership with its citizens and has bent over backwards to preserve areas of open space. This issue will return to the agenda when the information is ready, and the residents will be made aware of the time and date. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCIL MEMBERS A.I. UPDATE ON MEETING WITH MET COUNCIL Pidcock reported that she met with the Regional Manager of the Met Council today. The goal was to make clear that they were there amicably to under- stand clearly their role and responsibilities as well as SW Metro's responsibilities. $1,200,000 is owed to Eden Prairie. A commitment was made that a portion of the money would be sent. One of Met Council's contentions was that SW Metro has hired a lobbyist. SW Metro pointed out that the Met Council had four lobbyists this session. A better understanding of each other's responsibilities was acknowledged at the close of the meeting. CITY COUNCIL MINUTES May 23, 1995 Page 7 A.2. 1994 TREE CITY A WARD Mayor Harris acknowledged and congratulated the City of Eden Prairie on being the recipient of the 1994 Tree City USA award. Mr. Case was asked to give a verbal update on the Tree Preservation Task Force. Case reported that the task force had met three times and was looking at ways to improve the Ordinance. Reviewing the Ordinance both from an environmental standpoint as well as the developers' perspective, the task force was studying tree replacement formulas, looking at adjusting the significant tree definition, as well as incorporating new species. The task force hopes to complete its work in the next 2-3 weeks and then will provide a written report. A.3. SPEED LIMIT ISSUES Mayor Harris requested City Manager Jullie to check into what we might do to check the traffic speeds on Highway 101. The issue concerned bike riders, pedestrians, and high speed cars. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT Jullie distributed a preliminary plan for an affordable housing development on County Road 1 and County Road 4. Parcel was previously approved for a single-family detached subdivision. Housing value would be $120,000-140,000 which the City Council and Planning Commission have noted as missing in the market right now. Case commented that in serving on the Senior Task Force, it has come to his attention that many retired residents are having to leave the community because of lack of single-story affordable housing. He liked the concept very much. Pidcock questioned whether $120,000-140,000 was really affordable housing. She would like to see it lower than that amount. Thorfinnson also commented on our definition of affordable housing. Council members were to contact Enger within the week to share their observations and concerns. CITY COUNCIL MINUTFS May 23, 1995 Page 8 E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt, preliminary review of development & land alteration plans (Continued from April 18, 1995) David Sellergren, attorney for Midwest Asphalt Corporation, stated that there are still several issues of disagreement between the City of Eden Prairie and his client. Mr. Sellergren commented that Midwest Asphalt would like to remain a corporate citizen in this community. There is discomfort in a five-year permit without some provisions for renewal. Assuming that this issue can be addressed, it may not be necessary to address the zoning parcel for the rural piece. Pidcock stated that her daughter is at the same law firm as Mr. Sellergren. She wished that one item be changed. In consideration of the neighbors, operation should not be year-round Monday through Saturday from 7:00 a.m. -7:00 p.m. It should be limited to 7:00 a.m. -7:00 p.m. Monday through Friday and 9:00 a.m. -5:00 p.m. on Saturdays. Jullie suggested to the Council that the letter of May 18th form the basic elements for the permit. He said staff would talk with Midwest and return to the next Council meeting with a final determination. Case asked Mr. Pauly what authority the City had to limit what happens after 5 years? Mr. Pauly replied that the City does not have the right not to renew Midwest's permit without good reason. Change in character of surrounding area does not justify termination of permit. Noise regulations and operations, however, are other considerations. Tyra-Lukens asked if Midwest was currently working under a permit. The response was no, it was a grandfathered use. Jullie said that Midwest, in exchange to operate on the unzoned piece, would be bringing its site up to standards of any other business today. Also there would be no crushing permitted during summer months. MOTION: Case moved, seconded by Pidcock, to authorize further negotiation, with the letter dated May 18, 1995 as a basis for further discussion. Motion carried unanimously. 2. Resolution No. 95-107 Awardine Contract for Kimberly Lane Sanitary Sewer Reconstruction. I.C. 95-5373 CITY COUNCIL MINUTES May 23, 1995 Page 9 MOTION: Thorfinnson moved, seconded by Pidcock, to adopt Resolution No. 95-107 to award bid for contract to Nodland Construction Co., I.C. 95-5373. Motion carried unanimously. F. REPORT OF CITY A TIORNEY xu. OTHER BUSINESS XIll. ADJOURNMENT Meeting adjourned at 8:50 p.m. HennePin-County April 26, 1995 Craig Dawson Eden Prairie City Hall 8080 Mitchell Rd Eden Prairie, MN 55344-2230 Dear Mr. Dawson: Thank you for making the arrangements for a brief Hennepin County Library presentation at the City Council meeting on Tuesday, June 6, 1995. Our presentation will include a lll:irl overview of various services available through your local library, a few words from a member of the Hennepin County Library Board, and the introduction of a local library staff member. We will all be available to answer any questions the Council might have about library service. We appreciate the opportunity to address the Council and look forward to our scheduled date. If there are any questions or problems, please feel free to call my office at 541-8581. Thank you. Sincerely, f~~.~ Charles M. Brown Library Director Hennepin County Library Administrative Offices Ridgedale Drive at Plymouth Road 12601 Ridgedale Drive Minnetonka, Minnesota 55305-1909 (612) 541-8530 Recycled Paper UNAPPROVED MINUTFS EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 23, 1995 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean H~, Patricia Pidcock, Ronald Case, Ross Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie Assistant City Manager Chris Enger Director of Parks, Recreation & Natural Resources Bob Lambert Director of Public Works Gene Dietz City Attorney Roger Pauly Council Recorder Mayor Harris called the meeting to order at 7:30 p.m. AWARD SALE OF $1,685,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 1995A (Resolution 95-99) AWARD SALE OF $3,275,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B (Resolution 95-100) David MacGillivray, from the City's financial advisor, Springsted, Inc. reported on bids for the above General Obligation Bonds. Proceeds would go to refinance both building and improvement _refunding bonds. General Obligation Building Bonds originally issued at 6.78% were bid to be refinanced by Kemper Securities at 5.137%. General Obligation Improvement Refunding Bonds issued at 7.01 % were bid to be refinanced by Kemper Securities at 4.78 %. Refinancing would result in a future interest cost reduction of approximately $360,OQO. MOTION: Pidcock moved, seconded by Tyra-Lukens, for Resolutions to approve the bond refinancing of $1,685,000 and $3,275,000 through Kemper Securities, Inc. Motion carried unanimously. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1., Update on Meeting With Met Council administrator. Harris added items XI.A.2., 1994 Tree City Award, and XI.A.3., Speed Limit Issues on Highway 101. Jullie added item XLD.1., Affordable Housing Sites. Pauly CITY COUNCIL MINUTES May 23, 1995 Page 2 noted two items needing Council attention: item IV.F. revisions to agreement under consideration, and item VI.G. addition of agreement with owner of building to cooperate with City for removal of building and specially assessed costs of $6,200 against the property -contracts should be approved subject to receipt of consent from mortgagee of the property. MOTION: Tyra-Lukens moved, seconded by Pauly, to approve the Agenda as published and amended. Motion carried unanimously. n. OPEN PODIUM No one addressed the Council. m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. MAY 9. 1995 MOTION: Pauly moved, seconded by Pidcock, to approve as published the minutes of the City Council meeting held Tuesday, May 9, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE NO. 18-95 AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32. RELATING TO mE ISSUANCE OF CITATIONS. AND ADOPTING BY REFERENCE CITY CODE CHAP'fER 1 AND SECTION 2.99 C. AUTHORIZE ARCHITECT SELECTION PROCESS FOR PUBLIC WORKS/PARKS DEPARTMENT MAINTENANCE FACILITY D. REQUEST TO TRANSFER FUNDS FOR PURCHASE OF TURF AERATION EQUIPMENT E. APPROVE THE AMENDMENT FOR C. H. ROBINSON LEASE F. APPROVE CONTRACT FOR SISINNI FOOD SERVICES CITY COUNCIL MINUTES May 23,1995 Page 3 G. APPROVE AGREEMENT FOR DEMOLmON OF HAZARDOUS BUILDING AT 8560 FRANLO ROAD The agreement was amended to state that owner of building would cooperate with the City for removal of buildings, and that the costs of $6,200 would be specially assessed against the property. Contracts will be approved subject to receipt of consent from the mortgagee of the property. H. RESOLUTION NO. 95-101 A WARDING CONTRACT FOR EDEN PRAIRIE MARKETCENTER URBAN DESIGN IMPROVEMENTS I. RESOLUTION NO. 95-102 APPROVING FINAL PLAT OF VILLAGE KNOLLS 3RD ADDmON Oocated east of Homeward Hills Road on the extension of Gristmill Ridz:el J. RESOLUTION NO. 95-103 APPROVING FINAL PLAT OF EDENVALE 23RD ADDmON Oocated south of Valley View Road and west of Equitable Drivel K. RESOLUTION NO. 95-104 APPROVING SYSTEM AGREEMENT FOR MnDOT'S TEMPORARY SIGNAL SYSTEM AT PRAIRIE CENTER DRIVE AND TECHNOWGY DRIVE. I.C. 93-5306 Mayor Harris asked Nancy Tyra-Lukens if she should be willing to represent the Council. Tyra-Lukens accepted. - MOTION: Moved by Pidcock, seconded by Case, to approve items A-K with amendments on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETINGS A. BOSTON MARKET by Northstar Restaurants. Request for PUD Concept Review on 14 acres, Request for PUD District Review on 0.8 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 0.8 acres, Site Plan Review on 0.8 acres and Preliminary Plat of 7.1 acres in two lots. Location: Tower Square Shopping Center south of McDonald's. (Resolution No. 95-105 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 95- 106 for Preliminary Plat) Vincent Driessen, representing Boston Market, commented that his company was in concurrence with the recommendations of the Staff Report. CITY COUNCn. MINUTFS May 23, 1995 Page 4 Peter Hilger, of Portfolio Design, reviewed the site proposal. The brick building is just under 3000 square feet and will have a red glazed block band that will go around the building representing the trademark and theme for Boston Market. The site will contain 42 parking stalls and a drive-up window. Enger pointed out that this is the last vacant parcel of the Tower Square development located in the northeast comer of Highway 169 and Prairie Center Drive. Project is consistent with all City Ordinances. Planning Commission made a unanimous recommendation for approval at the April 24th meeting based on the Staff Recommendation of April 21st. Plan was not reviewed by the Parks, Recreation & Natural Resources Commission. MOTION: Moved by Tyra-Lukens, seconded by Thorfinnson, to close the public hearing, adopt Resolution No. 95-105 for PUD Concept Review on 14 acres, approve the 1st Reading of an Ordinance for PUD District Review and Zoning District Amendment on .8 acres, adopt Resolution No. 95-106 for Preliminary Plat approval, and direct staff to prepare a development agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PA YMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens, and Harris voting "aye." vn. ORDINANCFS AND RFSOLUTIONS vms PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST FROM RFSIDENTS OF SUNSHINE DRIVE AND MOONLIGHT DRIVE Gary Diamond addressed Council regarding the neighborhood concern of the tax-forfeited parcel of land by Edenvale Boulevard and Woodland Drive. The neighborhood group was hopeful that the Council would concur with its recommendation regarding this property. Dean Ravel spoke before the Council stating that his family left an over- crowded and overdeveloped area for wetlands and nature in Eden Prairie. CITY COUNCn. MINUTES May 23, 1995 Page 5 What attracted his family to Eden Prairie was quickly disappearing. He noted Eden Prairie residents put their money where their heart was to save the land when they approved the referendum to purchase the Sugar Maple and Basswood Forest with 400+ year old trees. He believed that the City'S decisions should not all be made on a purely financial scale. This 8.7-acre parcel is enjoyed by residents, motorist, and wildlife. Any development of this area will have negative impact on the existing and future of this wildlife habitat. He quoted from a newspaper article about the views of 6th graders about our community. Much can be gained from looking at the environment from a youth's eyes. Mike Enright shared that he and his family had moved into the area one year ago. A neighbor told him that 15 years ago he and his children use to pull strings of smallmouth bass from the pond. When homes bordering the pond where purchased, buyers were told that this was DNR protected wetland and would not be developed. He related that it was puzzling for the neighborhood to understand the determination on the part of the City Staff to develop this wildlife habitat in order to reap what appears to be a very minimal financial return. Tom Dixon also spoke on behalf of the Sunshine neighborhood. His family moved to Eden Prairie from LA where land is in short commodity. They propose the Council place more emphasis on quality of life issues over the small possible tax revenue. They fear the future of this parcel is being decided on only by the City's bottom line. He related what he understood to be the process of disposing of tax-forfeit properties. Gary Diamond requested Council to consider passing a Resolution relating to this tax-forfeited land. City Manager Jullie commented that the Eden Prairie Council and Staff are committed to preserving open space. What staff is responding to is the fiduciary responsibility it has to the community to try to recover assessments against this parcel. The wetland boundaries on this parcel of land are now being determined, and the DNR and Watershed District are involved in this process. He asked if residents at the neighborhood meeting were still interested in sharing some of the cost of this parcel. Case requested if Mr. Pauly could report back to Council on the legal ramifications of this proposal for further Council consideration. Dietz informed Council that the DNR work is completed and the Watershed District remains to be done. Work should be completed in 1-2 weeks. CITY COUNCIL MINUTES May 23, 1995 Page 6 Pidcock inquired as to how many homes were adjacent to this area (45 homes are in development with 20 homes backing up to parcel) and if home owners were willing to consider an assessment on their home of approximately $ 1777? Mr. Diamond said that the neighborhood would be happy to consider this for the next meeting. However, at a previous meeting it was suggested that the neighborhood purchase the parcel for $120,000 and pay it off over a 20 year period. Thorfinnson raised the question, putting dollar amounts aside, if there would be consideration among the neighborhood to purchase this parcel? The response was that at this time they would like to see the property taken by the City as tax-forfeited land. Purchase of the property by the neighborhood is far down the list of options. Mayor Harris stated that she wanted to remove any impressions that the City Staff had acted in a retaliatory manner. To the contrary, Eden Prairie believes in partnership with its citizens and has bent over backwards to preserve areas of open space. This issue will return to the agenda when the information is ready, and the residents will be made aware of the time and date. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OmCERS A. REPORTS OF COUNCIL MEMBERS A.I. UPDATE ON MEETING WITH MET COUNCIL Pidcock reported that she met with the Regional Manager of the Met Council today. The goal was to make clear that they were there amicably to under- stand clearly their role and responsibilities as well as SW Metro's responsibilities. $1,200,000 is owed to Eden Prairie. A commitment was made that a portion of the money would be sent. One of Met Council's contentions was that SW Metro has hired a lobbyist. SW Metro pointed out that the Met Council had four lobbyists this session. A better understanding of each other's responsibilities was acknowledged at the close of the meeting. CITY COUNCIL MINUTF.S May 23, 1995 Page 7 A.2. 1994 TREE CITY AWARD Mayor Harris acknowledged and congratulated the City of Eden Prairie on being the recipient of the 1994 Tree City USA award. Mr. Case was asked to give a verbal update on the Tree Preservation Task Force. Case reported that the task force had met three times and was looking at ways to improve the Ordinance. Reviewing the Ordinance both from an environmental standpoint as well as the developers' perspective, the task force was studying tree replacement formulas, looking at adjusting the significant tree definition, as well as incorporating new species. The task force hopes to complete its work in the next 2-3 weeks and then will provide a written report. A.3. SPEED LIMIT ISSUES Mayor Harris requested City Manager Jullie to check into what we might do to check the traffic speeds on Highway 101. The issue concerned bike riders, pedestrians, and high speed cars. B. REPORT OF CITY MANAGER C. REPORT OF DffiECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DffiECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT Jullie distributed a preliminary plan for an affordable housing development on County Road 1 and County Road 4. Parcel was previously approved for a single-family detached subdivision. Housing value would be $120,000-140,000 which the City Council and Planning Commission have noted as missing in the market right now. Case commented that in serving on the Senior Task Force, it has come to his attention that many retired residents are having to leave the community because of lack of single-story affordable housing. He liked the concept very much. Pidcock questioned whether $120,000-140,000 was really affordable housing: She would like to see it lower than that amount. Thorfinnson also commented on our definition of affordable housing. Council members were to contact Enger within the week to share their observations and concerns. CITY COUNCIL MINUTES May 23, 1995 Page 8 E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt, preliminary review of development & land alteration plans (Continued from April 18, 1995) David Sellergren, attorney for Midwest Asphalt Corporation, stated that there are still several issues of disagreement between the City of Eden Prairie and his client. Mr. Sellergren commented that Midwest Asphalt would like to remain a corporate citizen in this community. There is discomfort in a five-year permit without some provisions for renewal. Assuming that this issue can be addressed, it may not be necessary to address the zoning parcel for the rural piece. Pidcock stated that her daughter is at the same law firm as Mr. Sellergren. She wished that one item be changed. In consideration of the neighbors, operation year-round Monday through Saturday from 7:00 a.m. till 7:00 p.m. should be limited to Monday through Friday and 9:00 a.m. till 5:00 p.m. on Saturdays. Jullie suggested to the Council that the letter of May 18th form the basic elements for the permit. He said staff would talk with Midwest and return to the next Council meeting with a final determination. Case asked Mr. Pauly what authority the City had to limit what happens after 5 years? Mr. Pauly replied that the City does not have the right not to renew Midwest's permit without good reason. Change in character of surrounding area does not justify termination of permit. Noise regulations and operations, however, are other considerations. Tyra-Lukens asked if Midwest was currently working under a permit. The response was no, it was a grandfathered use. Jullie said that Midwest, in exchange to operate on the unzoned piece, would be bringing its site up to standards of any other business today. Also there would be no crushing permitted during summer months. MOTION: Case moved, seconded by Pidcock, to authorize further negotiation, with the letter dated May 18, 1995 as a basis for further discussion. Motion carried unanimously. 2. Resolution No. 95-107 Awardin~ Contract for Kimberly Lane Sanitary Sewer Reconstmction, I.C. 95-5373 CITY COUNCIL MINUTES May 23, 1995 Page 9 MOTION: Thorfinnson moved, seconded by Pidcock, to adopt Resolution No. 95-107 to award bid for contract to Nodland Construction Co., I.C. 95-5373. Motion carried unanimously. F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS XIll. ADJOIlRNMENT Meeting adjourned at 8:50 p.m. DATE: CITY COUNCll. AGENDA SECTION:. CONSENT CALENDAR 6-6-95 . DEPARTMENT: ITEM: DESCRIPTION: lTEMNO .. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE L[CENSED ACTIVrTY. CONTRACTOR (MULTI-FAMILY & COMM.) Retail Construction Services, Inc. PLUMBING Cra ft Pl umbers Larry Olson Plumbing Scherer Pl umbi ng Spartan Mechanical, Inc. ActioDiDirection: 6-6-95 - GAS FITTER Spartan Mechanical, Inc. HEATING & VENTILATING Spartan Mechanical, Inc. , page 1 " ~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-6-95 SECTION: 2ND READING ITEM NO. TIl". S. DEPARTMENT: ITEM DESCRIPfION: Community Development Chris Enger SAMPSON OFFICE STUDIO Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres and Zoning District Change from Rural to 1-2 Zoning District on 4.519 acres; • Approve a Resolution for Site Plan Review on 4.519 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for PUD District Review 2. Resolution for Site Plan Review 3. Developer's Agreement TIt. B. -I SAMPSON OFFICE STUDIO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-95-PUD-6-95 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 Planned Unit Development RM-6.5 Zoning District 19-95-PUD-6-95 (hereinafter "PUD-6- 95-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 6, 1995, entered into between Hustad Development Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-6-95-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-95-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. ' B. PUD-6-95-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-95-RM-6.5 are justified by the design of the development described therein. D. PUD-6-95-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. "N. 8. -z Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-6-95-RM-6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 9th day of May, 1995, and 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 6th day of June, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- IT. B.' 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. SAMPSON OFFICE STUDIO AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Equitable Drive and Valley View Road from Rural to 1-2 on 4.51 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit "A" Legal Description: Proposed Lot 1, Block 1, Edenvale 23th Addition tt, S. -S SAMPSON OFFICE STUDIO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SAMPSON OFFICE STUDIO BY R. M. SAMPSON, INC. WHEREAS, R. M. Sampson, Inc. has applied for Site Plan approval of Sampson Office Studio on 4.519 acres for construction of an office/warehouse building of approximately 5,200 sq. ft. located at Equitable Drive and Valley View Road to be zoned 1-2 by an Ordinance adopted by the City Council on May 9, 1995; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 10, 1995, 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 May 9, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Sampson Office Studio for the construction of an office/warehouse building, based on plans dated May 4, 1995, between R. M. Sampson, Inc., and the City of Eden Prairie. ADOPTED by the City Council on June 6, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT SAMPSON OFFICE STUDIO THIS AGREEMENT, made and entered into as of Ju.",e t, , 1995, by R.M. Sampson, Inc., 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 Request for Planned Unit Development District Amendment on 20.15 acres, Planned Unit Development District Re¥iew with waivers on 4.519 acres, Comprehensive Guide Plan change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to 1-2 on 4.519 acres, Preliminary Plat of 12.478 acres into one lot and one outlot and Site Plan Review on 4.519 acres 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. 19-95-P!JO-~ -95) Zoning District Amendment, PUD District Amendment and PUD District Review and Resolution No. , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on May 9, 1995, and dated May 4, 1995, 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. GRADING 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. Developer agrees to implement the approved plans as depicted on Exhibit B attached hereto, concurrent with the construction of the building on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. rr.B.-7 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City, and obtain the City Council's approval of a land alteration permit for the Property. Developer agrees to abide by the terms and conditions of the City's Erosion Control Policy, attached hereto as Exhibit D. S. LANDSCAPE PLAN: Developer agrees to implement the approved landscape plan as depicted on Exhibit B attached hereto, concurrent with the construction of the building on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 1 SO% of the cost of said improvements as required by City code. 6. NURP POND FEE: Concurrent with building permit issuance, the developer has agreed to pay a proportionate cost of a NURP pond to the Storin Water Utility Fund to construct regional NURP ponds. The fee applicable to R.M. Sampson, Inc. project is $4,000. 7. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City, and obtained City's approval of a plan for screening of mechanical equipment on the Property in the manner as depicted in Exhibit B, attached hereto. Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. Developer agrees to implement the approved plans as depicted on Exhibit B attached hereto, concurrent with the construction of the building on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. PUD WAIVER: A waiver is required and hereby granted to allow for a lot size in the Rural Zoning District to be less than 10 acres. OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN R. M. SAMPSON, INC. AND THE CITY OF EDEN PRAIRIE TIDS AGREEMENT, made and entered into as of ..Jc..o.",e.. lo , 1995, by and between THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": ... PuO -~ -q 5" For, and in consideration of, and to induce City to adopt Ordinance No.I1...-j2, changing the zoning of a 4.519 acre parcel of property owned by Owner from the Rural District to the I-2 District, as more fully described in that certain Developer's Agreement entered into as of J \..\'" e... t.o 1995, by and between R. M. Sampson, Inc., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If R. M. Sampson, Inc. fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose City Council action to revoke the PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres, Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to I-2 on 4.519 acres, Site Plan Review on 4.519 acres and Preliminary Plat of 20.15 acres approval, 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 only if owner or any such successor or assigns elects to develop the project identified in the plans submitted by R. M. Sampson, Inc. in connection with the Developer's Agreement. 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. 4. Owner is executing this supplement to the Developer's Agreement for the sole and express purposes of agreeing to the terms hereof and of consenting to the execution of said Developer's Agreement; but by doing so Owner does not assume any obligations of the Developer under said Developer's Agreement unless Owner proceeds with the development of the property. • EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-6-95 SECTION: 2ND READING ITEM NO. W.e... DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BLUFFS EAST 16TH Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review on 12.88 acres and Zoning District Change from Rural to RM-6.5 on 12.88 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for PUD District Review on 12.88 acres and Rezoning from Rural to RM-6.5 on 12.88 acres 2. Developer's Agreement \V.c..-\ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-95-PUD-5-95 BLUFFS EAST 16TH 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 Planned Unit Development RM-6.S Zoning District 12-9S-PUD-S-9S (hereinafter "PUD-S- 95-RM-6.S"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 6, 1995, entered into between Hustad Development Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5-95-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-S-95-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-95-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-95-RM-6.5 are justified by the design of the development described therein. D. PUD-5-95-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. IT. c.. -2. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-5-95-RM-6.5 and the legal descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of April, 1995, and 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 6th day of June, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- lY. ~·3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BLUFFS EAST 16TH AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Normandy Crest and Franlo Road from Rural to RM-6.5 on 12.88 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) W.c..· -4 Bluffs East 16th Exhibit A Legal Description LEG~L I I OESCR~PTION Out I at E. BLUFFS EAST sl, XTH ADD I T ION. I Y i ng south- wester y of the High~ay 169 frontage! road and northe Iy of the South ~5. 00 feet of said Outlot E: and. That art of the North 790 feet of the: Northeast 1/4 of the Northeast 1V4 of Section 36; Township 116. 8ange 22. Hennep~n County, Minne~ota lying -so u.t.A.e ~l-¥-4nL-s out.b.w e.$-t ecJ..¥-o..L--t h.e.---..H:I g h way 1 69 frontage road and eas1t of the east right of way line or Normandy Crest. I I . N.c..-s- DEVELOPER'S AGREEMENT BLUFFS EAST 16TH THIS AGREEMENT, made and entered into as of June 6, 1995, by Hustad Land Company, 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 Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.69 acres, PUD Concept Review on 210 acres, Planned Unit Development District Review on 12.88 acres, Rezoning from Rural to RM-6.5 on 12.88 acres, and Preliminary Plat of 12.88 acres into 23 lots 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. 12-95-PUD- 5-95 and Resolution No. 95-63, 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 reviewed and approved by the City Council on April 4, 1995, and dated March 30, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: De:veloper 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, storm sewer, and pumping station. Developer agrees that the storm sewer outlet for the property is under contract and will be built by Hennepin County. Developer agrees to coordinate on-site w.e...· ~ construction activities with the timing of the county project and to avoid activities in advance of the storm water outlet availability that would increase the water elevation in the existing pond. Upon approval by the City Engineer, Developer shall implement the approved street and utility plans prior to building permit issuance in accordance with terms and conditions of Exhibit C, attached hereto. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks, Recreation and Facilities for Outlot A as shown on Exhibit B. Upon approval by the Director of Parks, Recreation and Facilities, Developer shall deliver and record the approved Conservation Easement in the Hennepin County Recorder's/Registrar Office and shall provide evidence of the recording of Conservation Easement prior to the release of the first building permit. 5. FINAL GRADING AND EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. 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. 6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on 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 land alteration permit, Developer shall place a construction fence at the limits of the proposed grading as shown on Exhibit B. Developer shall notify the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and obtain the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees that concurrent with construction of the structure on the Property, Developer will implement the approved irrigation plan, m accordance with the terms and conditions of Exhibit C, attached hereto. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. Said 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. Developer shall furnish to the City and lY". c--7 receive the City'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. 9. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Chief Building Official, Developer agrees to construct the approved retaining walls, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. SIDEWALK AND TRAIL 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 Facilities, and obtain the Director's approval of detailed plans for a five-foot wide concrete sidewalk to be located along Franlo Road. Upon approval by the Director of Parks, Recreation, and Facilities, Developer agrees to construct, the approved sidewalk and trails, concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 11. TREE LOSS -TREE REPLACEMENT: There are 694 inches of significant trees on the property. Tree loss is calculated at 222 inches. Tree replacement required is 32 inches. Prior to the release of the final plat, Developer shall submit to the City Forester and receive the City Forester's approval of a tree replacement plan for 94 inches. Said plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum height for conifer trees. Upon approval by the City Forester, Developer agrees to implement or cause to be implemented the tree replacement plan for 94 caliper inches prior to building permit issuance. TIr. c..-8 OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HUSTAD LAND COMPANY AND THE CITY OF EDEN PRAIRIE BLUFFS EAST 16TH THIS AGREEMENT, made and entered into as of June 6, 1995, by and between Creek Knolls Limited Partnership, a Minnesota Corporation, hereinafter referred to as "Owners," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 12-95-PUD-5- 95, changing the zoning of the Property owned by Owner from the Rural District to the RM-6.5 District, as more fully described in that certain Developer's Agreement entered into as of June 6, 1995, by and between Hustad Land Company, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Hustad Land Company, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. N.~· q EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-6-95 SECTION: 2ND READING ITEM NO. W. () DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger RIVERVIEW HEIGHTS 2ND ADDITION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review with waivers on 12.85 acres; • Approval of a Developer's Agreement SupportingRepo~: 1. Ordinance for PUD District Review 2. Developer's Agreement TIL. D - \ RIVERVIEW HEIGHTS 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-95-PUD-7-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amended within the RI-22 Zoning District 20-95-PUD-7-95 (hereinafter "PUD-7-95-RI-22"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 6, 1995, entered into between Hustad Homes and Robert and James Brown, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-7-95-RI-22, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-95-RI-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-95-RI-22 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-7-95-RI-22 are justified by the design of the development described therein. D. PUD-7-95-Rl-22 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the RI-22 District and shall be included hereafter in the Planned Unit Development 7-95-RI-22, 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. nc. C. -z.. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 23rd day of May, 1995, and 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 6th day of June, 1995. ArrEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ lY. D-3 RIVERVIEW HEIGHTS 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-95-PUD-7-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WIDCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the amending of land located at Riverview Road east within the RI-22 on 12.85 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) N. D-L\ LEGAL DESCRIPTION EXHIBIT A Riverview Heights 2nd Addition Tracts A through H Registered Land Survey No. 601. Hennepin County, Minnesota. DEVELOPER'S AGREEMENT RIVERVIEW HEIGHTS -PHASE II THIS AGREEMENT, made and entered into as of June 6, 1995, by Hustad Land Company, 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 PUD Concept Review and PUD District Review on 23.85 acres and Preliminary Plat of 12.85 acres into 12 single family lots for construction of 12 single family homes, 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. 20-95-PUD-7-95, and Resolution No. ,,,-15'1, 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 reviewed and approved by the City Council on October 4, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT 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, UTILITY, EROSION CONTROL, PLANS: Developer may petition for public improvements. Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. FINAL GRADING AND EROSION CONTROL PLAN: A. FINAL GRADING 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 1Y,i)-b Property, Developer shall submit and obtain the City Engineer's approval of a final grading plan for the Property. The final grading 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 plan. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineer's approval of an Erosion Control Plan for the Property. 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 E, attached hereto and made a part hereof. B. Prior to the issuance of a grading permit for the site Developer shall deposit $6,000 with the City. The City may draw upon the deposited funds to reimburse itself for expenses to administer Article 6 of the Erosion Control Policy and to remove sediment accumulated during construction from the existing storm water treatment pond located within Block 1 on the property. Upon cleaning of the existing pond by the City, any remaining funds shall be returned to the Developer. If, during the project the fund balance reaches $2,000 or less, the City may request and the Developer shall deposit additional monies as requested by the City Engineer. 5. TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City Forester, and obtain the City Forester's approval of a tree replacement plan for 430 caliper inches. Developer agrees to implement the approved tree replacement plan concurrent with site development as depicted on Exhibit B, attached hereto. Upon approval by the Director of Parks, Recreation, and Facilities, Developer agrees to implement the approved tree replacement plan, concurrent with street construction on the Property and completed prior to occupancy permits, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. CONSERV ANCY EASEMENTS: Prior to release of the final plat, Developer shall submit a conservancy easement plan covering the steep slopes and wooded areas for review and approval by the Director of Parks, Recreation and Facilities. Developer shall provide the City with evidence of recording of the approved conservancy easement in the Hennepin County Record's/Registrar's Office prior to the release of the final plat. The conditions of such conservancy easements shall be as described in Exhibit D. 7. COVENANTS AND RESTRICTIONS: Prior to release of a final plat for the Property, Developer shall submit to and obtain the City Planner's approval of covenants and restrictions, regulating storm water run-off and erosion control over Lots 2 and 3, Block 1 and Lots 3 and 4, Block 2, as depicted in Exhibit B. Covenants and restrictions shall require all structures to have roof gutter systems which connect to a storm sewer adjacent to each lot. rr D-7 Prior to the release of the final plat, Developer shall record said covenants and restrictions in the appropriate Hennepin County Record's/Registrar's Office and provide evidence of recording of the approved covenants and restrictions to the City. 8. SIDEW ALKS AND TRAILS: 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 Facilities, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the Property. Said sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the east side of east Riverview Road from Landing Road to Riverview Road. B. A five-foot wide concrete sidewalk and an eight foot wide bituminous trail as depicted on Exhibit B, attached hereto. Upon approval by the Director of Parks, Recreation, and Facilities, Developer agrees to construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction on the Property and completed prior to occupancy permits, and in accordance with the terms and conditions of Exhibit C, attached hereto. Developer is responsible for providing a physical barrier (i.e. bushes or 3 rail fence) for public safety, between the NURP pond and the sidewalk adjacent to it. This barrier must be approved by the Director of Parks, Recreation and Facilities prior to construction on the property. 9. PUD WAIVERS: City hereby grants the following waivers to City Code requirements within the RI-22 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD-7-'5'. A. Waiver from the City requirement for lots abutting a public street to allow for a private road where shown on Exhibit B, attached hereto. 10. OUTLOT B: Prior to the issuance of a building permit on the Property, Developer shall deed in fee simple Outlot B to the City for use as street right-of-way. The final grading plan for Lot 1, Block 4, shall be revised if necessary to be compatible with future street grades on Outlot B as developed by the City Engineer. 11. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance, applicant shall submit a Certificate of Survey with the following information to the Building Department and receive written approval. Prior to release of the final plat, Developer shall incorporate the following requirements into covenants and restrictions on the property and submit them for review and approval by the City Planner and shall record the approved covenants and restrictions in the Hennepin County Record' s/Recorder' s Office. IICO-g A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. c. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Grading of each lot upon which a home or other structure is to be built shall be in accordance with the grading plan approved by the City Engineer. G. No construction or grading within the conservancy easement. H. No steepening of the natural slopes and walk-out levels meet natural grade. No more than a 20 foot wide construction area on the lower ground elevation. I. Engineered design for footing, foundation, and retaining walls. J. For Lots 2 and 3, Block 1 and Lots 3 and 4, Block 2, houses must be designed with a roof drain system designed to take storm water runoff towards the storm sewer system within the proposed road as depicted on the final plat of Exhibit B. 11l: fJ -9 RIVERVIEW HEIGHTS PHASE II OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HUSTAD LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of June 6, 1995, by and between Rivers Landing Limited Partnership II, a Minnesota partnership, 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. 20-95-PUD-7-95, amending the zoning of the Property owned by Owner in the R1-22 District, as more fully described in that certain Developer's Agreement entered into as of June 6, 1995, by and between Hustad Land Company, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 2. 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. IT D -10 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-6-95 SECTION: 2ND READING ITEM NO. nr -E DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HIRSCHLER ADDITION Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Amendment within the RI-13.5 Zoning District; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for Zoning District Amendment 2. Developer's Agreement TIC E. - \ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE HIRSCHLER ADDITION AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING 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 zoning of the land be amended within the RI-13.5 Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the RI-13.5 Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is 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 developed in accordance with plans dated March 10, 1995. 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 9th day of May, 1995, and 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 6th day of June, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------- 11[ c. -2- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. HIRSGHLER ADDITION AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the North terminus of Canterbury Lane within Rl-13.5 Zoning District on 1 acre; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) NE.-3 Exhibit A Legal Description Hirschler Addition Outlot A, Lavonne Industrial Park, Second Addition TICE.-4 DEVELOPER'S AGREEMENT HIRSCHLER ADDITION THIS AGREEMENT, made and entered into as of \Yrt\L b , 19~ by Ned D. and Nadine M. Hirschler, husband and wife, 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 ~mendment within the R1-13.5 Zoning District and Preliminary Plat of 1 acre into one lot, 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 Amendment and Resolution No. 95"-?~ , 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 reviewed and approved by the City Council on May 9, 1995 and dated March 10, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT 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 house construction on 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 that prior to issuance of an occupancy permit for the house, Developer will implement the approved plans including, but not limited to construction of Canterbury Lane at its present width and thickness, north to the south property line. Developer further agrees to construct a permanent T-shaped turn-around, 20 feet wide at each leg, and built to City street structural standards. TIrE. -5'" 4. EASEMENTS: Prior to approval of final plat, Developer agrees to provide to the City Engineer, and obtain the Engineer's approval of permanent easements for the turn-around as described above, including an additional 15 feet of easement area north and east of the permanent turn-around for snow storage purposes. 5. FINAL ORDER NO. 95-12: Developer has obtained approval from the Board of Appeals and Adjustments for variances from City Code requirements within the RI-13.5 Zoning District for lot frontage of 30 feet, for the Property as depicted in Exhibit B, attached hereto. Said approval has been granted through Final Order No. 95-12, attached hereto, and made a part hereof. Developer agrees to comply with all requirements of said Final Order No. 95-12. Developer agrees to flle Final Order 95-12 of the Board of Adjustments and Appeals on the Property at Hennepin County Recorder's/Registrar's Office prior to the building permit issuance. Prior to the release of any bUilding permit on the property, Developer agrees to provide proof of flling to the City. 6. GRADING IN THE WOODED AREAS ON SITE: Prior to any construction on 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 building permit, Developer shall place a construction fence at the limits of the proposed grading 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. Developer shall not grade, alter, or disturb any area beyond the grading limits identified on the approved plan. 7. CONNECTION FEE: Developer agrees to pay a $4,400 connection fee for connection to sanitary sewer and watermain at time of building permit issuance. 8. EXISTING SCENIC/CONSERVATION EASEMENT: Developer acknowledges and agrees that the present scenic/conservation easement generally located along the east side of the property as depicted on the final plat will still be in force following development. TIrE. -(0 DATE: 06/06/95 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: ,v. ~ SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Hirschler Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hirschler Addition subject to the following conditions: • Receipt of engineering fee in the amount of $250 • Revision of plat to include easements for proposed tum around and snow storage • The requirements as set forth in the Developer's Agreement Overview: The proponent, Ned Hirschler, is proposing to plat Outlot A of LaVonne Industrial Park 2nd Addition into one single family lot for the purposes of constructing his homestead on this parcel. The preliminary plat was approved by the City Council May 9, 1995. Zoning to R1-13.5 was completed in 1988. Execution of the Developer's Agreement is scheduled for the June 6, 1995 City Council meeting. JJ:smb cc: Ned Hirschler Krueger & Associates \V.F.I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HIRSCHLER ADDITION WHEREAS, the plat of Hirschler 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 Hirschler Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 6, 1995. 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 June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk IV·F.~ .... .. -,.,;::'.-.. '~ .:<.'\~:-" <' \"-" , ~ 1-- - - - - - - -.:::: - - - - - - - - --'-- - - - - - - -~ - --. ~ < 1 ,.(', N ~ C~ \>-~ ,-'>. . .;;Y· LJ.; M C'l 1 ~ 1 In Ii ~ ~ Lfl 0 C1' CO ~ U en 0 0 ....::l ~ o:l 1 i ~ ,,'-" < I 1 ----,------------------------- 1 I 01 -,'-1 1 , 1 "11 (.1 .... 0 0 '" 3: ~ ~ lL -, c v' a:: z ('JI01 ------------- \!I - - - - - --!.6:,-.----.J....--------------------...::"--------".~:~" -.. -- - - ---- - - - - tJ ')0°44' '(~" II ~,)5,25 . I :: XV. F . .3 1------------- I I I I I DATE: 06/06/95 EDEN PRAmIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: I V. G,-. SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Riverview Heights 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Riverview Heights 2nd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $600 • Receipt of street lighting fee in the amount of $2,407 • Receipt of street sign fee in the amount of $190 • Satisfaction of bonding requirements for the installation of all public streets and utilities • The requirements of the Developer's Agreement • Vacation of Tracts G and H for road purposes Background: This proposal is Phase II of the Riverview Heights Development located south of Riverview Road, consisting of 15 single family lots and road right-of-way for street purposes. Second Reading of the Rezoning Ordinance and execution of the Developer's Agreement is scheduled for the City Council meeting to be held June 6, 1995. The under! ying property consists of a Registered Land Survey and several undeveloped parcels. Two of these parcels Tracts G and H, are City-owned property and intended for street purposes. Because these street tracts are owned by the City, rather than dedicated right-of-way, the City will need to provide the developer with deeds to these parcels and vacate the City's interest in these parcels for roadway purposes. JJ:ssa cc: Beth Simonsted, Hustad Development Corp. Jeff Lindgren, Hedlund Engineering CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF RIVERVIEW HEIGHTS 2ND ADDITION WHEREAS, the plat of Riverview Heights 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Riverview Heights 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 18, 1995. 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 June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk " ':-tn ---, ---- ", t-; I I l.. A ,"v'[' I ----____ ' ,,vG ,., ---- ---.. "'0,4 r, ----" h' r-L: I I I I II ----.., .. ::';:" DR~IN;.G£ ----;i)' ,,,0 ---- -------- 0,;' -.1 41.:' a n ". / /, l" . -............... 6 5 ~+ .. ~'Sq. .... ~ /i ~" "I ~Jc./. ~ . ........ , ;;/ ........ ::,,~" ...... -', /" ... / ~ 1 / 1 9 \'-~ '. $2: 'I ,,,, .. ~ ;;...-ry 7-~ r ,~ .. ~:;;.--~ $:' ~ ::;.-I:: '4\\1 '" -"" :;--{I /,q l~ / -- _II , ~::o" ;: ~~~:;;.--~ 'g r 7 ~ ··IH I Ii \ '\ .' r Ii ./ .. I~ ~-.. / , "/;k ) . '" i;Yjfll m.S3 "iUS. 133 72A.S 601 GOVERNME:~T t.OT 3 .. " / <>9)00 g; R. L. S. t.o. il~~ II ~ hI \- ~L ~ -f8'JooW~ . .2SIlAi. 56.f.19 illS 6tU r~ A ~7 ~: .... I 3 \ \ \ "J Li\ 2 ---!!S"I __ 1ii'tl- f.. 10 f ;1 I I I ~I I Iy ~ R. T. DOC. NO. RI'ER'IEI HEIGHTS 2ND ADDITION N \ 60 60 120 180 --- - SCALE IN FEET • Denotes I rDn .Dnu.ant . RmAcnw"~Mm~tod to the plat or ORAl NAGE AND UTI LI fY EASEMENTS ARE SHOWN THUS: 1 ~~t6'~l T~-----f r:~ ny I ~.~~e~n: ~8:1 g~gB~~~ 9:d!g!~~ n~n" 10 rllt In .'dth and adjoining right :~ ;~r s I ~ ~:t un I 818 atner .. lie shown ,...".. GQVERi~MEi,T LOT \ .. ~ "'.nnln~ En,'" .. rlng SU,.",.,'ng SHEET 2 OF 2 SHEETS \'Q . <J> > DATE: 06/06/95 EDEN PRAmIE CITY COUNCIL AGENDA ITEM NO: IV. H-. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bluffs East 16th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bluffs East 16th Addition subject to the following conditions: • Receipt of engineering fee in the amount of $840 • Receipt of street lighting fee in the amount of $2,910 • Receipt of street sign fee in the amount of $239 • Satisfaction of bonding requirements for the installation of all municipal utilities • The requirements set forth in the Developer's Agreement Background: This project, located at the southwest comer of County Road 1 and County Road 18, consists of 21 platted lots for the construction of Townhomes and one outlot. The preliminary plat was approved at the City Council meeting held April 4, 1995. Second Reading of the Rezoning Ordinance and execution of the Developer's Agreement is scheduled for the City Council meeting to be held June 6, 1995. JJ:ssa cc: Beth Simonsted, Hustad Development Corp. Hedlund Engineering IV. 1+. \ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLUFFS EAST 16TH ADDITION WHEREAS, the plat of Bluffs East 16th 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 Bluffs East 16th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 18, 1995. 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 June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk BLUFFS EAST 16TH L-- I -E ... C" • "'i"I J , ..... __ H.~ _H_''''~_._~~ ::":"'A_,_~e I I I I I I I -f/ "' I I I /,1 ./ I ./ ¥~ ~r:, ./ .f<, ./ .,.." ./ ~~~\.' _t80-!..H03"~(_ StUllr" ~I~ 7 "III~ 5 -'l~ 8~~ .~.~ ~ -~I 1-~ -"'II~ ;;; ~~ ~ ~ \38.14 61:!!.. ~ NORMANDY l PRAIRIE I sa '" ,. a: Q '" '" ." J3Q,QO CREST I I 91 UP;: '<5'ct.~ l' ~ OUTLOT ( ~ '\. <i> 1 ~ (, l) >-15 ., .-.. .... c " ,t- en Q "-<C "-:to :> .... >- CD ~ ADDITION .. • .. ;.36 I A ... ·5j!·n-"" « -- 18 i05'2S'21·\l1.~79 \) ~ \) g7.n EASE"ENT ~~- lI, l~ (; ~ k ~ .5' ) / A .~ . , -r l'1f ci a .. :to " (/) .. '" <II I. ~I u. :> ..I '" 99.93 -'«19''''00i£ - C. R. DOC. NO. '~ 60 0 60 120 ISOr<) • FEET :t. hi - --- SCALE IN • o8notll I ron .onu •• nt ~t~LrJ~S8~~=~ mT~.:t&I~~g~ thl pitt DRA I NAGE AND UT I L ITY EASEMENTS ARE SHOIIN THUS: ~ 111-5.110 ~ -5.~ --l_.-J L Being 5 f •• t In .Idth and adjoining lot I I n... un ".. other. I.. SIIONn ana 10 f .. t In width and ad/olnlng right of .IY II nt. un I... otherlll.. shoNn on thl. Pitt. -PI_I", ~/_I", _,,,.. SHEET 2 OF 2 SHEETS DATE: 06/06/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.I. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat approval of Hartford Place 3rd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hartford Place 3rd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $250 • Vacation of underlying drainage and utility easements Overview: This proposal consists of replatting all of the lots within the Hartford Place 2nd Addition to more adequately accommodate the building envelope and meet the street set-back requirements. Because Hartford Place 2nd Addition platted drainage and utility easements over the outlot common area, vacation of the existing underlying easements will be necessary. The plat contains 27.27 acres to be divided into 62 multi-family lots, one common area lot, and one outlot all for the development of a multi-family housing development consisting of four-plex and eight-plex units to be developed by Pulte Corporation. The preliminary plat was approved September 20, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed at the City Council meeting held November 1, 1994. cc: Hedlund Engineering Ron Bastyr, Pulte Homes of Minnesota Corporation Item No. IV. I. ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HARTFORD PLACE 3RD ADDITION WHEREAS, the plat of Hartford Place 3rd 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 Hartford Place 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 25, 1995. 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 June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. IV'I,~ / / / / / / / ( , .. , , ..... / "- I \ " / \ I / // HARTFORD PLACE 3RD ADDITION :t::V. r. 3 '.' ;,.':,/. / /' /' /' \ \ .~ .. ..... \ \ DATE: 06/06/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV. J SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bell Oaks Estates 8th Addition Jeffrey Johnson Recommende~ Action: Staff recommends that the City Council adopt the resolution approving the final plat of subject to the following conditions: • Receipt of engineering fee in the amount of $250 Overview: This proposal consists of platting four single family lots along Riverview Road within the Bell Oaks Estates Subdivision and completes the platted lots within this project. JJ:ssa cc: David Brown, Brown Land Ed Ames, OSM :r:::v · .j. \ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS ESTATES 8TH ADDITION WHEREAS, the plat of Bell Oaks Estates 8th 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 Bell Oaks Estates 8th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 26, 1995. 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 June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk J\/,J.~ -< C- ().) ~ o > ~ en 00 ~ > tj tj a ~ DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS.: I 10--.J _61 ____ : I L __ c __ _ , i BEING 10 FEET IN WIDTH ADJOINING LOT LINES. UNLESS OTHERWISE INDICATED. AND 6 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES. AS SHOWN ON THE PLAT. . , " t_'f ...... , t. .. / I " ,s:~:~:~~,~,:,=~ ,-, I_',-=.; I . ~. , 1 \~. ,(, .. .' , .( ,/', -.............- ,,~, N27" 06' 18 "~ \'''--15.41 , , " !...,' ... :.'/ " ' ", " ' : .... " , ' ~ ", '~'::~ ~,." S ?~(; : ~:, /~ ~ . '" ('f ... " -Co .. I , " , " :',' I.- ',~ /::.." (" .. :~ ... ,' ~ , t,,) ", .', S ?~(: \ " '" ,-,~ '-',;. ~ , .. , ,"\-,;,' " ... :: .. 0::. ~ t.' ?~~; ~ . '(':'. 'J' ~ .... 2 ,I, '" 0> o ~ . , .... I,' I tD 1> " .' / :i:-.::.' \ ;",.; ~ I ~~ .fl,\!*: ti: \ • '/e .. ::':" \) ~~ .. '-: ? • / ti: NORTH LINE '\ ... ~-ts.. ::" ': LOT I.SEC. '\ 'O ... ,s> ~ 't_':) .... ~': ... " , " , " ", t,' ,S' '.~(: : .. -, ... .. ~~ ,-;. ~, 1-,<., ~ _ ~ ............. " ,,~' " " ':: ... , ' , '..: :~~:~; / " \ ~ ~ \ ·s '\. '0 .J,. i .. "" / '-', " "0 ?e, ", .'; '&" " ·?s 00" ~~ " . ';:::;;:;~; N 0·04'19" E 352.55 ,~~:;;;;0-;';8-=-;~~---\ ----- ',' 7"; (1(1 , ",,232.00 '. NO'07 i:; \--HENNEP~~-COUNTY-riONUMENT AT '. ----1547 / THE NW COR, OF GOV'T LOT 1. '---WEST LINE or Ol' / / SEC. 36 • T. 116 • R, 22 DATE: 06/06/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV· k. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Sanitary Sewer Improvements for 14223 Cumberland Engineering Division Road and 8705 Mitchell Road Alan Gray Overview: In May, 1995 the City received a petition from the owners of the above referenced properties for sanitary sewer. These two residential properties are located in the southeast corner of Mitchell Road and Cumberland Road. These properties currently have access to city water but not sanitary sewer. Both properties are over five (5) acres in size and may have redevelopment potential in the future. Each property is currently occupied by a single family home and is classified homestead. Since the authorization of a feasibility study by Council on May 9, 1995, the Engineering Division has proceeded with the preliminary evaluations of alternatives to provide sanitary sewer to these two properties. While the feasibility study is not yet complete, we have determined that the most feasible alternative to provide sewer service is the extension of sanitary sewer from the newly proposed Boulder Ridge subdivision on the west side of Mitchell Road. The Boulder Ridge subdivision will be under construction beginning about June 15, 1995. The cost to extend sanitary sewer from Boulder Ridge across Mitchell Road may be significantly reduced if this construction proceeds prior to completion of the Boulder Ridge improvements. The savings would come from avoiding expensive restoration of private streets and landscaped areas in the area to be disturbed for the sanitary sewer extension. Based on our studies to date, it appears feasible and financially beneficial for the City to proceed with the installation of a segment of the sanitary sewer across Mitchell Road prior to completion of the feasibility study and public hearings. In accordance with M.S.A.429.001 to 429.111 the City may reserve the right to reimburse itself for these costs by assessments to the benefited properties at a future date. Recommended Action: Adopt resolution approving plans and specifications for the sanitary sewer extension across Mitchell Road and authorizing the advertisements for bids. Financial Considerations: The cost for this sanitary sewer extension is estimated at approximately $30,000. These costs would be initially financed from sewer utility funds. These costs including interest and engineering expenses may be assessed to benefited properties at a future date. This portion of the sewer improvements needed to serve the above referenced projects may be constructed now at a signifcantly lower cost by avoiding expensive restoration of pavements and landscaped areas. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 95-5386, Sanitary Sewer Improvements for 14223 Cumberland Road and 8705 Mitchell Road. and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 10 days, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., Tuesday, June 20, 1995 at City Center after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, June 20, 1995 at the Eden Prairie City Center, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5 % (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL lV.K.~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6/6/95 Parks, Recreation and Natural Resources Commission ITEM NO. IV-L SECTION: Consent Calendar DEPARTMENT: Parks, ITEM DESCRIPTION: Results of Bids for Community Center Hockey Recreation and Facilities Dasher Board Replacement in Rink One Dave Black RECOMMENDATION: There were three responses on the project and actually only one bid. The bid came from Arena Contractors and Equipment, Inc. for a base bid of $118,400, deduct alternative #1 of $7,000 for trade of existing boards and glass, and add alternative #1 of $4,000. The bottom line cost would be $115,400 to the City. The other two companies indicated they could not meet the September 1 timeline. Staff believes that due to the timeline set out for this project, perspective bidders were not given enough lead time to competively bid this project. Staff recommends rejection of the bid received for the Community Center hockey dasher board replacement in Rink One. This is based on the fact that only one bid was received on the project and the results of the bid were far above what was estimated to complete the project. Staff further recommends rebidding this project in August of 1995 with a completion timeline of June 1, 1996. This should allow for an "off-peak" production schedule and, therefore, a better price for the City and fit the schedule for schedule for Rink One without disruption. Staff will begin fixing the existing boards to be playable for the 1995-1996 hockey season and spend the minimum amount necessary to accomplish the repairs. DB:mdd Dasher .bib/Bob DATE: CITY COUNCIL AGENDA June 6, 1995 SECTION: Public Hearings DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration--Transfer of Ownership of Cable Franchise C. Jullie, C. Dawson (Resolution) V.A Requested Action: It is recommended that the Council: 1) Close the public hearing; and 2) adopt the Resolution approving the transfer of control of KBL Cablesystems of the Southwest, Inc., d/b/a Paragon Cable. Back2round: Time Warner, Inc., wishes to by KBLCOM, Inc. and its Paragon Cable properties from Houston Industries, Inc. As part of this transaction, Houston Industries, Inc., would transfer ownership of the cable franchise for the Southwest Suburban Cable Commission (SWSCC) communities to Time Warner, Inc. The five cities in the SWSCC need to approve the transfer of the franchise. A City Council public hearing on this matter is statutorily required to determine what, if any, adverse effects may occur if the franchise is transferred. State and federal requirements result in a 120-day period for local actions on applications for transfers. This period will conclude on June 21, 1995. The Eden Prairie City Council opened the public hearing on the proposed transfer of ownership of the Paragon Cable franchise on April 18. 1995. At that time, no one from the public spoke to the matter. The Council continued the hearing until June 6 so that the Southwest Suburban Cable Commission (SWSCC) could review the proposal and forward its recommendations to the five member cities. The SWSCC held a public hearing regarding the transfer ownership on May 17. 1995. No one spoke to the matter at the hearing. At the meeting, SWSCC board members: * * * Determined that Time Warner, Inc., has the technical, legal, and financial capabilities to operate the cable system responsibly. It therefore recommended that the cities adopt the Resolution and Exhibits relating to the transfer of ownership. Suggested a few changes in the wording of the Resolution and Exhibits to be considered by the cities. These changes clarified the intent and understanding of conditions related to the transfer. Directed staff to explore further the cities' right-of-first-refusal to own the cable system. Paragon Cable of the Southwest, Inc., is part of a much larger sale package, and the price for this system alone had not been calculated. The attorneys for the cable company maintain that a bona fide offer has not been made for the system, so the cities may not exercise the right-of-first-refusal at this time. In response to a request by the SWSCC administrator, the attorneys have calculated a "pre- adjusted value" of $102,120,000, and an "adjusted value" (which reflects the tax consequences of the contemplated sale) of $169,870,000. With numbers of this magnitude, the SWSCC would not recommend that any of the cities buy the system. STATE OF MINNESOTA CITY OF ____ _ RESOLUTION NO. --- APPROVING THE TRANSFER OF CONTROL OF KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON CABLE WHEREAS, on or about February 21, 1995, the Southwest Suburban Cable Commission of which the City of is a member, received a letter and Form 394 from KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, the current franchisee of the cable system in , stating that Houston Industries Incorporated which wholly owns KBLCOM, Inc. which holds KBL Cable, Inc. which holds KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, proposes to transfer control of KBLCOM, Inc. to Time Warner, Inc. ("Time Warner"); and WHEREAS, the federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, states that: 1) a cable operator cannot transfer a cable system unless it has held the system at least thirty-six (36) months unless the transfer meets a stated exception; and 2) if a cable transfer or sale requires franchising authority approval, the franchising authority has 120 days from receipt of the Form 394 to approve the sale; and WHEREAS, the City of with the assistance of the Southwest Suburban Cable Commission has determined that the cable system was held for at least thirty-six (36) months; and WHEREAS, the federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 allows the City to review the legal, technical and financial qualifications of the transferee; and WHEREAS, the Minnesota Cable Communications Act and Article xn, Section 1, Subsection B of the cable franchise ordinance for the City of state that a franchising authority which receives a written request for approval of a sale or transfer shall answer in writing within thirty (30) days of the request and shall state whether it approves the request or whether it determines that a public hearing is necessary because the sale or transfer may adversely affect the subscribers; and - 1 - WHEREAS, the Minnesota Cable Communications Act and the cable franchise ordinance for the City of state that if a public hearing is deemed necessary, such hearing shall be conducted within thirty (30) days of such determination and notice of such a hearing shall be given fourteen (14) days before such hearing by publishing notice once in a newspaper of general circulation in the area served by the franchise; and WHEREAS, the City of passed a Resolution on , 1995 stating that it is examining the effect of the proposed transfer on its residents and a public hearing is necessary; and WHEREAS, the City of gave appropriate notice and held such a public hearing on April_, 1995 and concluded such hearing on June _, 1995 and received no express opposition to the transfer; and WHEREAS, Article XII, Section 1, Subsection G of the cable franchise ordinance for the City of states that the City of may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the City in such an inquiry and pay all costs incurred by the City in so inquiring, including City staff time at a value determined by the City; and WHEREAS, Time Warner, KBLCOM, Inc. and the City disagree regarding the responsibility for reimbursement of consultant's fees for the review of the transfer of ownership; and WHEREAS, pursuant to Article XI of the cable franchise ordinance for the City of ________ , the Minnesota Cable Communications Act and the federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, the City of has up to 120 days to exercise its right to purchase the system at the bona fide purchase price in the offer; and WHEREAS, the City of ________ has examined its right to purchase the system; and WHEREAS, the Southwest Suburban Cable Commission has assisted the City in reviewing the legal, technical and financial qualifications of the prospective transferee as well as the franchisee's compliance with the current franchise, and has provided a recommendation regarding the approval of the proposed transfer of ownership; and WHEREAS, during the review of the legal, technical and financial qualifications of Time Warner and KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable's current compliance with the franchise ordinance, the Southwest Suburban Cable Commission noted that the City's Relief Ordinance No. __ , will expire, at the City'S option, with the proposed transfer or sale of the cable system; and - 2 - WHEREAS, Time Warner has indicated that it does not believe that the transfer of control of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable to Time Warner constitutes a transaction which will cause the Relief Ordinance to expire, at the City's option; and WHEREAS, representatives of Time Warner, Inc. have represented to the Southwest Suburban Cable Commission that the transfer of control of the cable system will not change previous representations by representatives of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable that upon negotiation of an acceptable early renewal they intend to upgrade the channel capacity: NOW, THEREFORE, the City of ________ resolves as follows: I. The City of acknowledges that it has the right to purchase the cable system pursuant to Article XI of the cable franchise ordinance for the City of . The City has examined this right and determined that exercise of the right to purchase, given the nature of the transaction (which does not change the local grantee and management), is not warranted. The City will waive this right for this transfer between Houston Industries Incorporated and Time Warner, Inc. The City does not waive this right for any future transfer or sale. 2. The City, with the assistance of the Southwest Suburban Cable Commission, has reviewed the legal, technical and financial qualifications of Time Warner, Inc. to control the franchisee which operates the cable system and has determined that Time Warner, Inc. has the legal, technical and financial qualifications to operate the system. 3. The City, with the assistance of the Southwest Suburban Cable Commission, has reviewed the effect of the proposed transfer on its residents. Based upon the assertions of Time Warner, Inc. that such a transfer will not affect the plans to upgrade the channel capacity upon negotiation of an acceptable early renewal, the City of ________ has determined that the proposed transfer will not negatively impact its residents. 4. The City approves the transfer of control of KBLCOM, Inc. from Houston Industries Incorporated to Time Warner, Inc. as set forth in the Stock Purchase Agreement, under the franchise, based upon Time Warner, Inc. 's execution of the Acceptance Agreement which is attached hereto as Exhibit I within thirty (30) days of the adoption of - 3 - • 5. 6. 7. 8. 9. 10. this Resolution or within thirty (30) days after the closing of the transfer of control, whichever is later. The City, with the assistance of the Southwest Suburban Cable Commission, has reviewed the Relief Ordinance and KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable's Acceptance of Ordinance Relief Ordinance dated July 17, 1992 and determined that it has the option to terminate those documents as a result of this transfer. The City will extend the terms of that Ordinance and Agreement until December 31, 1995. At that time the City will have the right to exercise its right to terminate that Ordinance and Agreement and any action taken at that time will be retroactive to the date that this Resolution is entered. The City grants the authority to the Southwest Suburban Cable Commission to evaluate the City's legal rights to terminate the relief agreement and the impact of termination of the Relief Ordinance including its applicability to discussion regarding an early renewal and a system upgrade to increase channel capacity. The City grants the Southwest Suburban Cable Commission the authority to enter into negotiations with KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable that may lead to an early renewal of the franchise and an upgrade and/or rebuild of the cable system. KBLCOM, Inc. and KBL Cable, Inc. must execute a Reaffirmation of their Consent Agreement and Guaranty of Performance which is attached hereto as Exhibit 2 within thirty (30) days of the adoption of this Resolution or within thirty (30) days after the closing of the transfer of control, whichever is later. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable must execute a Reaffirmation of Acceptance of a Franchise for a Cable Television System which is attached hereto as Exhibit 3 within thirty (30) days of the adoption of this Resolution or within thirty (30) days after the closing of the transfer of control, whichever is later. The Southwest Suburban Cable Commission, the City, KBLCOM, Inc. and Time Warner disagree regarding reimbursement of consultant's fees for the review of the transfer of control. The City accepts the settlement reached by the Southwest Suburban Cable Commission and KBLCOM, Inc. in which KBLCOM, Inc. will pay fifty (50) percent of the consultant's fees and the Southwest Suburban Cable Commission will pay fifty (50) percent. - 4 - BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this Resolution to KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, Time Warner, Inc., KBL Cable, Inc. and KBLCOM, Inc. A motion to approve the foregoing Resolution No. , was made by Council Member and duly seconded by Council Member The following Council Members voted in the afflrmative: The following Council Members voted in the negative: Passed and adopted this __ day of ________ , 1995. ATTEST: Title: _______ _ Title: Mayor 411977 Title: Clerk -5 - EXHmIT 1 TIME WARNER, INC. ACCEPTANCE OF CABLE TELEVISION FRANCHISE ORDINANCE AND CONDITIONS OF A TRANSFER OF CONTROL OF THE CABLE SYSTEM ("ACCEPTANCE AGREEMENT") THIS ACCEPTANCE AGREEMENT, is made by Time Warner, Inc. ("Time Warner"), on , 1995. Recitals: 1. On or about February 21, 1995, the Cities of the Southwest Suburban Cable Commission ("SWSCC"), Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, received a letter and Form 394 from KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, the current franchisee of the cable system, stating that Houston Industries Incorporated which wholly owns KBLCOM, Inc. which holds KBL Cable, Inc. which holds KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, proposes to transfer control of KBLCOM, Inc. to Time Warner, Inc. ("Time Warner"). 2. Time Warner has requested the City's approval of a transfer of control of the cable franchise, granted by the Ordinance. 3. The City intends to approve Time Warner's request for a transfer of control of the cable franchise, subject to Time Warner's acceptance of the conditions as set forth herein and the Cable Television Franchise Ordinance and any amendments thereto. 4. The City, with the assistance of the Southwest Suburban Cable Commission, reviewed the Relief Ordinance which the City enacted on , 1991 and KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable agreed to through the Acceptance of Ordinance No. which KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable signed on July 17, 1992. The City has stated that it has the option to terminate this Agreement and Ordinance as a result of this transfer of control. Time Warner has indicated that it does not believe that the City has the right to terminate the Agreement and Ordinance because of this transfer of control. The City has stated that it will extend the time in which to exercise its right to terminate the Relief Ordinance until December 31, 1995, however, any action taken at that time will be retroactive to the date that the City approved Resolution No. __ approving the transfer. - 1 - 5. Time-Warner understands that the transfer of control of the franchise and the approval by the cities of the Southwest Suburban Cable Commission, is based on requirements under federal, state and local law. Those requirements have been fulfilled through review by the SWSCC and recommendations made by it to the cities based on information furnished to the SWSCC by Time-Warner and its representatives. Most of the information which was relied upon by the SWSCC was furnished pursuant to FCC Form 394. Acceptance: 1. Time Warner agrees that after the proposed transfer of control the franchise holder will continue to be bound by the Ordinance and to timely and fully perform all of the duties and obligations thereunder. 2. Time Warner agrees that after the proposed transfer of control the franchise holder will provide to the City and its subscribers all lawful services as required in the Cable Television Franchise Ordinance. 3. Time Warner agrees that after the proposed transfer of control the franchise holder will be subject to the lawful regulatory authority of the City as set forth in the Ordinance as may be amended from time to time hereafter. 4. Time Warner agrees that after the proposed transfer of control the franchise holder will cooperate fully with the City and obtain from any governmental agency all licenses, permits, and other authority necessary for lawful operation and maintenance of its Cable Television System (the "System") under the Cable Television Franchise Ordinance. 5. Time Warner acknowledges that the City has the right to purchase the cable system as set forth in Article XI of the cable franchise ordinance and that the City has stated that it will waive any such rights for this transaction between Houston Industries Incorporated and Time Warner. The City does not waive that right for any future transfer or sale. 6. Time Warner represents and warrants as follows: a. The management, finances and operations of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will not negatively change as a result of the change in control of ownership. b. There will not be an adverse impact to subscribers because of the change in control of ownership. - 2 - • . c . The change in control of ownership will not alter, delay, or change plans, if any, to accomplish an upgrade of the cable television system capacity and to work with the SWSCC during 1995 to negotiate an early renewal. Time Warner is not bound to agree to an early renewal or agree to upgrade the system as a result of this representation. d. That after this transfer of control is completed KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will be a corporation duly organized, validly existing, and in good standing under the laws of the State of Minnesota and will have all rights and authority necessary to enter into and fully perform all of the duties and obligations of the Grantee. e. That it has taken all action necessary to authorize the execution and delivery of this Acceptance Agreement and the full performance of all the duties and obligations of the franchise holder under the Ordinance. f. That after this transfer of control is completed, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will have the legal, technical, and financial ability to operate and maintain the System pursuant to the terms of the Ordinance. g. That this Acceptance Agreement is binding on Time Warner and the Franchise Ordinance is binding on KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, to the extent not inconsistent with State or Federal law . 7. Time Warner agrees that all representations, warranties, and agreements contained herein and in the Ordinance shall survive the execution of this Acceptance Agreement and shall be binding upon Time Warner's permitted successors and assigns. 8. Notwithstanding anything to the contrary, the City and Time Warner reserve all rights under federal, state, and local law. 9. This Acceptance Agreement shall be effective only upon the closing of the transaction referred to in Paragraph I of the Recitals transferring control of KBLCOM, Inc. to Time Warner, Inc. Time Warner, Inc. By ____________________ _ Its ___________ __ - 3 - • STATEOF ___ _ COUNTY OF ___ _ ) ) ss. ) On this __ day of , 1995, before me, a notary public within and for _____ County, appeared , who stated that she/he was the _______ of Time Warner, Inc. and that she/he executed the foregoing document as her/his free act and deed on behalf of said corporation. Notary Public 4119n - 4 - EXHffiIT 2 KBLCOM, INC. AND KBL CABLE, INC. REAFFIRMATION OF CONSENT AGREEMENT AND GUARANTY OF PERFORMANCE REGARDING THE CABLE TELEVISION FRANCHISE ORDINANCE AND CONDITIONS OF A TRANSFER OF CONTROL OF THE CABLE SYSTEM ("REAFFIRMA TION OF CONSENT AND GUARANTY") THIS REAFFIRMATION OF CONSENT AND GUARANTY IS MADE BY KBLCOM, INC. AND KBL CABLE, INC. ON , 1995. Recitals: 1. On or about February 21, 1995, the Cities of the Southwest Suburban Cable Commission ("SWSCC"), Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, received a letter and Form 394 from KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, the current franchisee of the cable system, stating that Houston Industries Incorporated which wholly owns KBLCOM, Inc. which holds KBL Cable, Inc. which holds KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, proposes to transfer control of KBLCOM, Inc. to Time Warner, Inc. ("Time Warner"). 2. Time Warner has requested the City's approval of a transfer of control of the cable franchise which is granted by the Ordinance. 3. The City intends to approve Time Warner's request for a transfer of control of the cable franchise, subject to Time Warner's acceptance of the conditions set forth in its Acceptance Agreement and the Cable Television Franchise Ordinance and any amendments thereto. As part of its approval, the City requests that KBLCOM, Inc. and KBL Cable, Inc. provide a reaffirmation of the Consent Agreement and Guaranty of Performance which they entered in 1988. 4. KBLCOM, Inc. and KBL Cable, Inc. understand that the City'S approval of the transfer of control of the franchise is based on requirements under federal, state and local law. Those requirements have been fulfilled through review by the SWSCC and recommendations made by it to the City based on information furnished to the SWSCC by Time Warner and its representatives. Most of the information which was relied upon by the SWSCC was furnished pursuant to FCC Form 394. - 1 - Acceptance: 1. KBLCOM, Inc. and KBL Cable, Inc. agree that after the proposed transfer of control, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will continue to be bound by the Ordinance and to timely and fully perform all of the duties and obligations thereunder. 2. KBLCOM, Inc. and KBL Cable, Inc. agree that after the proposed transfer of control, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will provide to the City and its subscribers all lawful services as required in the Cable Television Franchise Ordinance. 3. KBLCOM, Inc. and KBL Cable, Inc. agree that after the proposed transfer of control, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will be subject to the lawful regulatory authority of the City as set forth in the Ordinance as may be amended from time to time hereafter. 4. KBLCOM, Inc. and KBL Cable, Inc. agree that after the proposed transfer of control, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will cooperate fully with the City and obtain from any governmental agency all licenses, permits, and other authority necessary for lawful operation and maintenance of its Cable Television System (the "System") under the Cable Television Franchise Ordinance. 5. KBLCOM, Inc. and KBL Cable, Inc. acknowledge that the City has the right to purchase the cable system as set forth in Article XI of the cable franchise ordinance and it will waive that right for this transfer between Houston Industries Incorporated and Time Warner. The City does not waive that right for any future transfer or sale. 6. KBLCOM, Inc. and KBL Cable, Inc. represent and warrant as follows: a. The management, finances, and operations of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will not negatively change as a result of the change in control of ownership. b. There will not be an adverse impact to subscribers because of the change in control of ownership. c. The change in control of ownership will not alter, delay, or change plans, if any, to accomplish an upgrade of the cable television system capacity and to work with the SWSCC during 1995 to negotiate an early renewal. KBLCOM, Inc. and KBL Cable, Inc. are not bound to - 2 - agree to an early renewal or agree to upgrade the system as a result of this representation. d. That after this transfer of control is completed KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will continue to be a corporation duly organized, validly existing, and in good standing under the laws of the State of Minnesota and will have all rights and authority necessary to enter into and fully perform all of the duties and obligations of the Grantee. e. That each has taken all action necessary to authorize the execution and delivery of this reaffirmation of Consent Agreement and Guaranty of Performance and the full performance of all the duties and obligations of the franchise holder under the Ordinance. f. That after this transfer of cot:ltrol is completed, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will continue to have the legal, technical, and financial ability to operate and maintain the System pursuant to the terms of the Ordinance. g. That this reaffirmation of Consent Agreement and Guaranty of Performance is binding on KBLCOM, Inc. and KBL Cable, Inc. and the Franchise Ordinance is binding on KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, to the extent not inconsistent with State or Federal law. 7. KBLCOM, Inc. and KBL Cable, Inc. agree that all representations, warranties, and agreements contained herein and in the Ordinance shall survive the execution of this reaffirmation of Consent Agreement and Guaranty of Performance and shall be binding upon their permitted successors and assigns. 8. Notwithstanding anything to the contrary, the City, KBLCOM, Inc. and KBL Cable, Inc. reserve all rights under federal, state, and local law. IN WITNESS WHEREOF, KBLCOM, Inc. and KBL Cable, Inc. warrant that they reaffirm the Consent Agreement and Guaranty of Performance and guarantee all obligations imposed by this franchise, that they agree to be jointly and severally liable to the franchising authority for actions, inactions, omissions, violations and failure of compliance as a result of the granting of, acceptance of, and continuation of this franchise. - 3 - STATE OF ___ __ COUNTY OF ___ _ ) ) ss. ) KBLCOM, INC. By ____________________ _ Its, ___________ _ On this ___ day of , 1995, before me, a notary public within and for _____ County, appeared , who stated that she/he was the _______ of KBLCOM, Inc. and that she/he executed the foregoing document as her/his free act and deed on behalf of said corporation. Notary Public STATE OF _~ __ COUNTY OF ___ _ ) ) ss. ) KBL CABLE, INC. By ___________________ _ Its ___________ _ On this ___ day of , 1995, before me, a notary public within and for _____ County, appeared , who stated that she/he was the _______ of KBL Cable, Inc. and that she/he executed the foregoing document as her/his free act and deed on behalf of said corporation. Notary Public 415655 - 4 - EXHffiIT 3 KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON CABLE REAFFIRMATION OF ACCEPTANCE OF A FRANCHISE FOR A CABLE TELEVISION SYSTEM AND CONDmONS OF A TRANSFER OF CONTROL OF THE CABLE SYSTEM ("REAFFIRMATION OF ACCEPTANCE") THIS REAFFIRMATION OF ACCEPTANCE IS MADE BY KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON CABLE ON , 1995. Recitals: 1. On or about February 21, 1995, the Cities of the Southwest Suburban Cable Commission ("SWSCC"), Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, received a letter and Form 394 from KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, the current franchisee of the cable system, stating that Houston Industries Incorporated which wholly owns KBLCOM, Inc. which holds KBL Cable, Inc. which holds KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, proposes to transfer control of KBLCOM, Inc. to Time Warner, Inc. ("Time Warner"). 2. Time Warner has requested the City'S approval of a transfer of control of the cable franchise which is granted by the Ordinance. 3. The City intends to approve Time Warner's request for a transfer of control of the cable franchise, subject to Time Warner's acceptance of the conditions set forth in its Acceptance Agreement and the Cable Television Franchise Ordinance and any amendments thereto. As part of its approval, the City requests that KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable provide a reaffirmation of the Acceptance of a Franchise for a Cable Television System it entered in 1988. 4. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable understands that the City's approval of the transfer of control of the franchise is based on requirements under federal, state and local law. Those requirements have been fulfilled through review by the SWSCC and recommendations made by it to the City based on information furnished to the SWSCC by Time Warner and its representatives. Most of the information which was relied upon by the SWSCC was furnished pursuant to FCC Form 394. - 1 - Acceptance: 1. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable agrees that it will continue to be bound by the Ordinance and to timely and fully perform all of the duties and obligations thereunder. 2. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable agrees that it will provide to the City and its subscribers all lawful services as required in the Cable Television Franchise Ordinance. 3. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable agrees that it will be subject to the lawful regulatory authority of the City as set forth in the Ordinance as may be amended from time to time hereafter. 4. KBLCablesystems of the Southwest, Inc. d/b/a Paragon Cable agrees that it will cooperate fully with the City and obtain from any governmental agency all licenses, permits, and other authority necessary for lawful operation and maintenance of its Cable Television System (the "System") under the Cable Television Franchise Ordinance. 5. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable acknowledges that the City has the right to purchase the cable system as set forth in Article XI of the cable franchise ordinance and the City will waive that right for this transfer between Houston Industries Incorporated and Time Warner. The City does not waive that right for any future transfer or sale. 6. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable represents and warrants as follows: a. The management, finances, and operations of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable will not negatively change as a result of the change in control of ownership. b. There will not be an adverse impact to subscribers because of the change in control of ownership. c. The change in control of ownership will not alter, delay, or change plans, if any, to accomplish an upgrade of the cable television system capacity and to work with the SWSCC during 1995 to negotiate an early renewal. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable is not bound to agree to an early renewal or agree to upgrade the system as a result of this representation. - 2 - d. That after this transfer of control is completed it will continue to be a corporation duly organized, validly existing, and in good standing under the laws of the State of Minnesota and will have all rights and authority necessary to enter into and fully perform all of the duties and obligations of the Grantee. e. That it has taken all action necessary to authorize the execution and delivery of this reaffirmation of Acceptance and the full performance of all the duties and obligations of the franchise holder under the Ordinance. f. That after this transfer of control is completed, it will continue to have the legal, technical, and financial ability to operate and maintain the System pursuant to the terms of the Ordinance. g. That this reaffirmation of Acceptance and the Franchise Ordinance is binding on it, to the extent not inconsistent with State or Federal law . 7. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable agrees that all representations, warranties, and agreements contained herein and in the Ordinance shall survive the execution of this reaffirmation of the Acceptance and shall be binding upon its permitted successors and assigns. 8. Notwithstanding anything to the contrary, the City and KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable reserve all rights under federal, state, and local law . IN WITNESS WHEREOF, KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable reaffirms its Acceptance of a Franchise for a Cable Television System and accepts all obligations imposed by this franchise, that it is liable to the franchising authority for actions, inactions, omissions, violations and failure of compliance as a result of the granting of, acceptance of, and continuation of this franchise. - 3 - STATE OF ____ _ COUNTY OF ____ _ ) ) ss. ) KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON CABLE By ____________________ _ Its, ___________ _ On this ___ day of , 1995, before me, a notary public within and for _______ County, appeared , who stated that she/he was the ~ ___________ of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable and that she/he executed the foregoing document as her/his free act and deed on behalf of said corporation. Notary Public 416056 - 4 - DATE: 06/06/95 EDEN PRAffiIE CITY COUNCIL AGENDA ITEM NO: V. B. SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division Vacation 95-04: Request to Vacate Part of the Drainage and Utility David Olson Easement on Lot 3, Block 2, Markham Knolls Addition Recommended 'Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating part of the drainage and utility easement over Lot 3, Block 2, Markham Knolls Addition. Overview: This vacation has been requested to enable the construction of a specific home for a prospective owner. An existing 15" storm sewer line is located within the easement approximately 5 feet from the proposed house. This distance is sufficient to provide normal operation and maintenance services to the line. Supporting Information: Vacation drawing V· B.l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF A DRAINAGE AND UTILITY EASEMENT IN MARKHAM KNOLLS ADDITION WHEREAS, the City of Eden Prairie has a certain drainage and utility easement described therein as follows: That part of the drainage and utility easement over, under and across Lot 3, Block 2, Markham Knolls Addition as dedicated and delineated on said plat of Markham Knolls Addition lying westerly and northwesterly of the following described line: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 2 degrees 10 minutes 27 seconds West along the westerly line of said Lot 3 a distance of 115.00 feet; thence South 84 degrees 33 minutes 16 seconds East a distance of 104.50 feet to the beginning of the line to be described; thence South 3 degrees 33 minutes 34 seconds East a distance of 28.77 feet; thence South 39 degrees 45 minutes 37 seconds West to the right-of-way of Sheffield Lane. And lying northeasterly of the southwesterly 10 feet of said Lot 3. WHEREAS, a public hearing was held on June 6, 1995 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 June 6, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk MAY 15 '95 14:43 HTPO INC. -FAX *(612) 829-7806 P.3/3 EASEMENT VACATION NW CORNER OF LOT .3 o o I() .-.- N 884 20'47" E 129.89 EXISTING DRAINAGE AND UTILITY EASEMENT ), -__ &;, 104.50 6. = .3"58'00" R '"" 345.00· L ~ 23.89 I s 84".33'16" r' "- . ----"'------(J) loI ~ 5 \. ') . b I --- ~ I o (j) I . I 51 ..... I 'v ~ ---~.... ....... A = 6$eJ3o~" R = 505:>00 L = $5.6!J SHEFFIELD LANE ~~ :..tvi ....s~" ..... rrI 0,) ."1' V-- Sccle' . in feet ~: 3~~----·-·!~Jo W j 'I ~ 1.1~~ Hansen Thorp .. ~ Pellirien Olson Inc. , l Civil & Survey En9lne~fS 7565 Office Ridge Circle. Eden Prairie, MN 55344"";.3644 (612) 829":"0700 e~ DATE: CITY COUNCIL AGENDA ... ~I. JUNE 6, '1995 SECTION: DEPARTMENT: ITEl\.f DESCRIPTION: ITEl\.f NO. FINANCE VEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 31223 THRU 31630 Action/Direction: JUNE 6, 1995 VI 31223 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 05-12-95. 700.00 31224 NORWEST BANKS MINNESOTA N A PAYROLL 05-12-95. 85160.84 31225 U S POSTMASTER POSTAGE FOR POSTAGE METER-CITY HALL. 8000.00 31226 MINNESOTA DEPT OF COMMERCE NOTARY PUBLIC COMMISSION APPLICATION FEE-40.00 ADMINISTRATION DEPT. 31227 SENSIBLE LAND USE COALITION MEETING EXPENSES-COMMUNITY DEVELOPMENT 130.00 DEPT. 31228 LEAGUE OF MINNESOTA CITIES CONFERENCE-CITY COUNCIL. 40.00 31229 IPMA-MINNESOTA CHAPTER CONFERENCE-HUMAN RESOURCES DEPT. 13.00 31230 PETTY CASH CHANGE FUND FOR LABOR DAY-ROUND LAKE 25.00 MARINA. 31231 RONALD CASE CONFERENCE ADVANCE-CITY COUNCIL. 200.00 31232 JEAN HARRIS CONFERENCE ADVANCE-CITY COUNCIL. 200.00 31233 PATRICIA PIDCOCK CONFERENCE ADVANCE-CITY COUNCIL. 200.00 31234 U S WEST COMMUNICATIONS SERVICE. 409.56 31235 PETTY CASH-EPCC EXPENSES-COMMUNITY CENTER. 21.17 31236 GOVERNMENT TRAINING SERVICE CONFERENCE-BLDG INSPECTIONS DEPT. 40.00 31237 RUTH AHRENS REFUND-BIKE TRIP-OUTDOOR CENTER PROGRAM. 10.00 31238 DIANE DEPOE REFUND-MN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31239 HEIDI EGAN REFUND-GYMNASTICS LESSONS. 24.00 31240 MARTY ELDRIDGE REFUND-SWIMMING LESSONS. 90.00 31241 KENOOLYN ERDMAN REFUND-DAY CAMP. 172.00 31242 JANET FOLTZ REFUND-BIRD & BREAKFAST-OUTDOOR CENTER 6.00 PROGRAM. 31243 JILL HIGGENS REFUND-/.fN ORCHESTRA POPS. 32.25 31244 LOIS HOLTER REFUND-/.fN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31245 CONNIE JOHNSON REFUND-PRESCHOOL PLAYGROUND PROGRAM. 72.00 31246 JANE KELLY REFUND-SUMMER AFTERNOON PLAYGROUND 30.00 PROGRAM. 31247 RENEE LUBRATOVICH REFUND-BIRD & BREAKFAST-OUTDOOR CENTER 6.00 PROGRAM. 31248 FLORENCE MCMAHON REFUND-MN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31249 ANTHONY MOSER REFUND-/.fN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31250 BERNADINE MOSER REFUND-MN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31251 KATHY NICHOLSON REFUND-MN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31252 LINDA REINECK REFUND-/.fN ORCHESTRA POPS-ADULT PROGRAMS. 32.25 31253 MARSHA STOESZ REFUND-IN-LINE SKATING LESSONS. 34.50 31254 AUDRIENNE VIDMAR REFUND-BIRDS & BREAKFAST-OUTDOOR CENTER 6.00 PROGRAM. 31255 SHERRY VON MOSCH REFUND-BIKE TRIP-OUTDOOR CENTER PROGRAM. 10.00 31256 LAURA ZWIEFELHOFER REFUND-BIKE TRIP-OUTDOOR CENTER PROGRAM. 10.00 31257 . SUSAN GUZMAN REFUND-SWIMMING LESSONS. 24.00 31258 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 192.00 31259 HOPKINS POSTMASTER POSTAGE-JUNE SENIOR NEWSLETTER-SENIOR 191.10 CENTER. 31260 CANADA LIFE ASSURANCE CO MAY 95 DISABILITY INSURANCE PREMIUM. 2122.99 31261 CARVER COUNTY COURTHOUSE PAYROLL 05-12-95. 49.37 31262 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 05-12-95. 276.93 31263 FEDERAL RESERVE BANK PAYROLL 05-12-95 SAVINGS BONDS. 350.00 31264 GREAT~EST LIFE & ANNUITY PAYROLL 05-12-95. 8163.50 10727796 JUNE 6, 1995 1. JUNE 6, 1995 VI 31265 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 05-12-95. 240.46 31266 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 05-12-95. 275.08 31267 leMA RETIREMENT TRUST-457 PAYROLL 05-12-95. 3645.42 31268 INTL UNION OF OPERATING ENGINEERS MAY 95 UNION DUES. 1243.00 31269 MN DEPT OF REVENUE PAYROLL 05-12-95. 227.42 31270 MINNESOTA MUTUAL LIFE PAYROLL 05-12-95. 1111.50 31271 MN STATE RETIREMENT SYSTEM PAYROLL 05-12-95. 247.00 31272 MN TEAMSTERS CREDIT UNION PAYROLL 05-12-95. 25.00 31273 EXECUTIVE DIRECTOR-PERA JUNE 95 LIFE INSURANCE PREltfIUM. 225.00 31274 EXECUTIVE DIRECTOR-PERA PAYROLL 05-12-95. 110.00 31275 EXECUTIVE DIRECTOR-PERA PAYROLL 05-12-95. 41843.30 31276 PRUDENTIAL INSURANCE CO MAY 95 LIFE INSURANCE PREltfIUM. 2743.05 31277 UNITED WAY PAYROLL 05-12-95. 157.75 31278 INTERNAL REVENUE SERVICE PAYROLL 05-12-95. 2365.51 31279 BELLBOY CORPORATION BEER. 15.50 31280 DAY DISTRIBUTING COMPANY BEER. 11207.50 31281 EAST SIDE BEVERAGE CO BEER. 29959.80 31282 MARK VII DISTRIBUTING COMPANY BEER. 9797.05 31283 MIDWEST COCA COLA BOTTLING CO MIX. 994.11 31284 PAUSTIS & SONS CO BEER. 18.25 31285 PEPSI-COLA COMPANY MIX. 201.85 31286 QUALITY WINE & SPIRITS CO BEER. 36.40 31287 THORPE DISTRIBUTING COMPANY BEER. 17270.15 31288 PATRICK ARMITAGE REFUND-SWIM LESSONS. 24.00 31289 SIGN SOURCE DIRECTIONAL SIGNAGE-MILLER PARK 5250.00 IMPROVEMENTS. 31290 SEMINARS INTERNATIONAL CONFERENCE~ATER DEPT. 118.00 31291 UNIVERSITY OF MINNESOTA CONFERENCE-FLEET SERVICES. 190.00 31292 SENSIBLE LAND USE COALITION MEETING EXPENSES-COMMUNITY DEVELOPMENT 150.00 DEPT. 31293 DYNA SYSTEfofS PLASTIC TUBES~ATER DEPT. 15.08 31294 HORIZON GRAPHICS INC NOTE PADS/BOOKLETS-CITY HALL. 70.00 31295 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-POLICE DEPT. 818.19 31296 J A PRICE AGENCY INC FIDELITY BOND LIABILITY INSURANCE/LIQUOR 22623.00 LIABILITY INSURANCE PREMIUM. 31297 PAM BLAKE REFUND-SWIMMING LESSONS. 48.00 31298 CHILDRENS WORLD LEARNING CENTER REFUND-SWIMMING LESSONS. 312.00 31299 KATHY FERRARA REFUND-SWIMMING LESSONS. 18.00 31300 BARB GABBERT REFUND-TEAM TENNIS TRAINING. 36.00 31301 NINA GRAVELLE REFUND-PRESCHOOL PLAYGROUND PROGRAM/ 43.00 SPECIAL TRIPS & EVENTS PROGRAM. 31302 SANDRA HENKE REFUND-SWIMMING LESSONS. 3.00 31303 ETHEL HOFFHINES REFUND~DCRAVING MUSEUM TRIP-ADULT 35.50 PROGRAfofS • 31304 JULIE HUPPERTZ REFUND-IN-LINE SKATING LESSONS. 22.00 31305 TERRI MATTSON REFUND-SWIMMING LESSONS. 72.00 31306 ROBERT PETERSON REFUND-SWIMMING LESSONS. 24.00 31307 ALISON QUACKENBUSH REFUND-PRESCHOOL PLAYGROUND PROGRAM. 72.00 31308 DIXIE QUINN REFUND-PRESCHOOL PLAYGROUND PROGRAM. 72.00 31309 SUE SHOTWELL REFUND-SKATING LESSONS. 36.00 15401187 JUNE 6, 1995 2. JUNE 6, 1995 VI 31310 DEBBIE WAGNER REfUND-SAfETY CAMP. 25.00 31311 KATHARINE WITHEROW REfUND-SWIMMING LESSONS. 30.00 31312 MARY DAHL REfUND-SWIMMING LESSONS. 36.00 31313 CHRIS MILLARD SCHOOL ADVANCE-POLICE DEPT. 150.00 31314 VOIV OUT CHECK . 6.00 31315 SISINNI fOOD SERVICE MEETING EXPENSES-CITY HALL/POLICE DEPT/ 1466.95 HEALTH fAIR SALAD LUNCHEON-HUMAN RESOURCES DEPT. 31316 PATRICIA PIDCOCK MILEAGE-CITY COUNCIL. 13.78 31317 CITY Of RICHfIELD MOTOR VEHICLE REGISTRATION-fLEET SERVICES. 45.00 31318 DOUGLAS ANDREWS SERVICE-fIRE & RESCUE CALLS. 714.00 31319 JOHN BENIK SERVICE-fIRE & RESCUE CALLS. 700.00 31320 JAY BOHLEN SERVICE-fIRE & RESCUE CALLS. 706.00 31321 GERALD BOHN SERVICE-fIRE & RESCUE CALLS. 1204.00 31322 LANCE BRACE SERVICE-fIRE & RESCUE CALLS. 1388.00 31323 RAYMOND f CARLSON SERVICE-fIRE & RESCUE CALLS. 1138.00 31324 SPENCER L CONRAD SERVICE-fIRE & RESCUE CALLS. 2948.00 31325 GENE DAHLKE SERVICE-fIRE & RESCUE CALLS. 690.00 31326 TROY DANIELSON SERVICE-fIRE & RESCUE CALLS. 828.00 31327 RICHARD DEATON SERVICE-fIRE & RESCUE CALLS. 1304.00 31328 JOSEPH R OOHENY SERVICE-fIRE & RESCUE CALLS. 714.00 31329 LARRY OOIG SERVICE-fIRE & RESCUE CALLS. 1810.00 31330 PATRICIA ENfIELD SERVICE-fIRE & RESCUE CALLS. 846.00 31331 GEORGE ESBENSEN SERVICE-fIRE & RESCUE CALLS. 1290.00 31332 CHARLES fERN SERVICE-fIRE & RESCUE CALLS. 578.00 31333 DAVID GILMORE SERVICE-fIRE & RESCUE CALLS. 648.00 31334 CHUCK GOBLE SERVICE-fIRE & RESCUE CALLS. 786.00 31335 ROBERT GRANT SERVICE-fIRE & RESCUE CALLS. 966.00 31336 ROBERT L GREENINGER SERVICE-fIRE & RESCUE CALLS. 830.00 31337 GREG GUNDERSON SERVICE-fIRE & RESCUE CALLS. 636.00 31338 RICK HAMMERSCHMIDT SERVICE-fIRE & RESCUE CALLS. 954.00 31339 SCOTT HANLON SERVICE-fIRE & RESCUE CALLS. 1128.00 31340 ALAN HANSON SERVICE-fIRE & RESCUE CALLS. 648.00 31341 DUANE HARRISON SERVICE-fIRE & RESCUE CALLS. 1008.00 31342 ROBERT HAUGEN SERVICE-fIRE & RESCUE CALLS. 1050.00 31343 JOHN HOBBS SERVICE-fIRE & RESCUE CALLS. 1512.00 31344 JAIMS GLENN JOHNSON SERVICE-fIRE & RESCUE CALLS. 768.00 31345 SCOTT JOHNSON SERVICE-fIRE & RESCUE CALLS. 1124.00 31346 KENNETH W KOCH SERVICE-fIRE & RESCUE CALLS. 1134.00 31347 STEVE KOERING SERVICE-fIRE & RESCUE CALLS. 738.00 31348 MICHAEL LADEN SERVICE-fIRE & RESCUE CALLS. 1314.00 31349 REGAN MASEE SERVICE-fIRE & RESCUE CALLS. 180.00 31350 BRIAN MCGRNAJ SERVICE-fIRE & RESCUE CALLS. 870.00 31351 GARY MEYER SERVICE-fIRE & RESCUE CALLS. 1722.00 31352 THOMAS MONTGOMERY SERVICE-fIRE & RESCUE CALLS. 2218.00 31353 JAMES MROZLA SERVICE-fIRE & RESCUE CALLS. 1534.00 31354 SCOTT OBERLANDER SERVICE-fIRE & RESCUE CALLS. 930.00 31355 KATHLEEN OCONNOR SERVICE-fIRE & RESCUE CALLS. 642.00 31356 KEITH OLSON SERVICE-fIRE & RESCUE CALLS. 940.00 31357 OONALD OVERBEY SERVICE-fIRE & RESCUE CALLS. 1564.00 4446873 JUNE 6, 1995 3. JUNE 6, 1995 VI 31358 JAAES PELTIER SERVICE-FIRE & RESCUE CALLS. 1604.00 31359 TIMOTHY PELTIER SERVICE-FIRE & RESCUE CALLS. 1992.00 31360 DEREK PETERSON SERVICE-FIRE & RESCUE CALLS. 1076.00 31361 GARY RADTKE SERVICE-FIRE & RESCUE CALLS. 546.00 31362 JOHN RIEGERT SERVICE-FIRE & RESCUE CALLS. 1340.00 31363 JOHN ROCHFORD SERVICE-FIRE & RESCUE CALLS. 756.00 31364 MICHAEL ROGERS SERVICE-FIRE & RESCUE CALLS. 1978.00 31365 ROBERT ROLFZEN. SERVICE-FIRE & RESCUE CALLS. 758.00 31366 TIM SATHER SERVICE-FIRE & RESCUE CALLS. 1944.00 31367 CHARLES SCHAITBERGER SERVICE-FIRE & RESCUE CALLS. 2902.00 31368 ROGER SCHMIDTKE SERVICE-FIRE & RESCUE CALLS. 640.00 31369 THOMAS SCHMITZ SERVICE-FIRE & RESCUE CALLS. 786.00 31370 LEE SCHNEIDER SERVICE-FIRE & RESCUE CALLS. 1038.00 31371 SCOTT SCHRAM SERVICE-FIRE & RESCUE CALLS. 1098.00 31372 CHARLES E SIEBERT SERVICE-FIRE & RESCUE CALLS. 958.00 31373 TODD SKATRU'D SERVICE-FIRE & RESCUE CALLS. 1474.00 31374 JOHN SKRANKA SERVICE-FIRE & RESCUE CALLS. 1050.00 31375 MARK SNETTING SERVICE-FIRE & RESCUE CALLS. 888.00 31376 KIP SPRINGER SERVICE-FIRE & RESCUE CALLS. 700.00 31377 MICHELE SUNDBERG SERVICE-FIRE & RESCUE CALLS. 240.00 31378 SCOTT G SUNDQUIST SERVICE-FIRE & RESCUE CALLS. 888.00 31379 SCOTT TAYLOR SERVICE-FIRE & RESCUE CALLS. 1100.00 31380 MARC THIELMAN SERVICE-FIRE & RESCUE CALLS. 714.00 31381 'DOUG THIES SERVICE-FIRE & RESCUE CALLS. 1166.00 31382 TODD TOMCZIK SERVICE-FIRE & RESCUE CALLS. 1264.00 31383 RODNEY UTING SERVICE-FIRE & RESCUE CALLS. 888.00 31384 MARK VANDENBERGHE SERVICE-FIRE & RESCUE CALLS. 2212.00 31385 FRANK J WEBER SERVICE-FIRE & RESCUE CALLS. 654.00 31386 THOMAS WILSON SERVICE-FIRE & RESCUE CALLS. 1568.00 31387 LEAGUE OF MINNESOTA CITIES CONFERENCE-CITY COUNCIL. 255.00 31388 JASON-NORTHCO L P #1 JUNE 95 RENT-LIQUOR STORE I. 5197.00 31389 UNITED PROPERTIES JUNE 95 RENT-LIQUOR STORE III. 6554.25 31390 MINNESOTA VALLEY ELECTRIC CooPERA SERVICE. 432.39 31391 NORTHERN STATES POWER CO SERVICE. 23590.24 31392 NANCY BERTELSON REFUND-PRESCHOOL PLAYGROUND PROGRAA1. 36.00 31393 PAULA 'DONNA REFUND-SKATING LESSONS. 26.00 31394 JON EARL REFUND-MEMBERSHIP FEE. 83.74 31395 DEBORAH FISHER REFUND-SWIMMING LESSONS. 24.00 31396 VERNETTE FOX REFUND-MANTORVILLE & HUBBEL HOUSE TRIP-56.00 ADULT PROGRAMS. 31397 ANGELA HALEY REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 31398 SANDRA HENKE REFUND-SWIMMING LESSONS. 21.00 31399 BECKY LARSON REFUND-SWIMMING LESSONS. 24.00 31400 RONALD LIDPIARD REFUND-PRAIRIE TRAILS-OUTDOOR CENTER 15.00 PROGRAM. 31401 KULWANI MODI REFUND-IN-LINE SKATING LESSONS. 22.50 31402 JAMES SAMARGIS REFUND-SKATING LESSONS. 26.00 31403 BETSY VARNER REFUND-SWIMMING LESSONS. 24.00 31404 AT&T SERVICE. 10.60 31405 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/RESERVE & 840.96 CHAPLAIN APPRECIATION DINNER-POLICE DEPT. 7149668 JUNE 6, 1995 4. JUNE 6, 1995 VI 31406 ZUHRAH SHRINE CIRCUS ENTERTAINMENT-ADULT PROGRAMS/FEES PAID. 259.00 31407 RUTTGERS LODGE CONFERENCE LODGING-FIRE DEPT. 918.36 31408 A TO Z RENTAL CENTER FANS RENTAL-FACILITIES DEPT/POWER SNAKE 89.32 RENTAL-COMMUNITY CENTER. 31409 ACCOUNTEMPS SERVICE-FINANCE DEPT. 1071.00 31410 ADVERTISING INCENTIVES UNIFO~S-LlQUOR STORES. 1777.87 31411 AERO PAINTING SERVICE-CLEANING/REPAIRING & PAINTING 45525.73 HYDROPILLAR-HIDDEN PONDS WATER TANK. 31412 AFFI~ MEDICAL SERVICES INC FIRST AID SUPPLIES-CITY HALL. 65.69 31413 ALL AMERICAN AQUATICS ARENA LIFE GUARDS SWIM SUITS-COMMUNITY 1436.00 CENTER/ROUND LAKE BEACH/RILEY LAKE BEACH/ 50000. 31414 ALTERNATIVE BUSINESS FURNITURE IN SHELF PANS/WALLTRACKS/TACKBOARD CLEATS/ 248.74 SHELF HANGERS-COMMUNITY DEVELOPMENT DEPT. 31415 AMERICAN BANK N A PAYING AGENT FEES FOR BONDS-FINANCE DEPT. 506.00 31416 AMERICAN PAGING OF MINNESOTA 2ND QTR 95 PAGER SERVICE-ASSESSING DEPT/ 195.29 FACILITIES DEPT. 31417 EARL F ANDERSEN & ASSOC INC DELINEATOR MARKINGS/POLYPLATE/SIGN POSTS-1548.08 STREET DEPT. 31418 AMERICAN PHOTO COPY TONER KIT-CITY HALL. 56.75 31419 AMERICAN RED CROSS RESCUE MANIKIN RENTAL/WATER SAFETY 426.94 TRAINING-POOL LESSONS. 31420 APOLLO ELEVATOR COMPANY ELEVATOR REPAIR/HYDRAULIC OIL-COMMUNITY 82.00 CENTER. 31421 AQUA ENGINEERING INC WO~ GEAR CLAMPS/PIPE CUTTER/TEE/ 53.53 SPRINKLER HEAD-PARK MAINTENANCE. 31422 ASSOCIATED MECHANICAL REFUND-OVERPAYMENT MECHANICAL PE~IT. 28.81 31423 AT&T WIRELESS SERVICES PAGER SERVICE-POLICE DEPT/COMMUNITY 422.84 CENTER. 31424 ALLEN BECKER LNJJN CARE INSTRUCTOR-OUTDOOR CENTER 100.00 PROGRAM/FEES PAID. 31425 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 522.78 31426 CHANNING L BETE CO INC PUBLICATIONS-PET PROTECTION PROGRAM-134.47 ANIMAL CONTROL DEPT. 31427 BIFFS INC WASTE DISOSAL SERVICE-ADA PROGRAM/PARK 3465.05 MAINTENANCE. 31428 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY 247.47 CENTER. 31429 CITY OF BLOOMINGTON APRIL 95 KENNEL COSTS-ANIMAL CONTROL DEPT. 238.00 31430 BRAUN INTERTEC CORPORATION SERVICE-CONCRETE IDENTIFICATION OF 1466.25 PAVEMENT CONCRETE & SANITARY SEWER CONCRETE. 31431 PAUL BRCXlJN SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 391.00 31432 BUDGET PLUMBING CORP REPLACED FLANGES AT FIRE STATION/METER 280.65 INSTALLATION-WATER DDEPT. 31433 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT. 200.00 31434 BUSINESS & INSTITUTIONAL FURNITUR DESK ORGANIZER-AQUATIC & FITNESS PROGRAM. 83.45 31435 CAPITOL COMMUNICATIONS CONTROL ASSEMBLY/REPLACED CABLE ASSEMBLY-154.52 FLEET SERVICES. 31436 CHOICE AUTO RENTAL CAR RENTAL-WATER DEPT. 281.64 6227723 JUNE 6, 1995 5. JUNE 6, 1995 VI 31437 JIM CHRISTY SERVICE-SOFTBALL OFFICIAL/FEES PAID. 102.00 31438 CIGAR AFICIONADO SUBSCRIPTION-LIQUOR STORE III. 14.95 31439 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING CENTER FOR THE ARTS. 2676.50 31440 C02 SERVICES CARBON DIOXIDE TANK RENTAL-COMMUNITY 35.00 CENTER. 31441 JOHN CONLEY GIFT CERTIFICATES-RESERVE/VOLUNTEER 120.00 APPRECIATION DINNER-POLICE DEPT. 31442 CONNEY SAFETY PRODUCTS TILTBIN/GLOVES/EYEGLASS STRAPS/GOGGLES/ 375.07 SAFETY GLASSES/BANDANAS-SAFETY DEPT/ UTILITIES DIVISION. 31443 CONSTRUCTION MATERIALS INC EROSION CONTROL MATS-MILLER PARK 197.03 IMPROVEMENTS. 31444 COPIES NOW PRINTING-POSTER/AMPHITHEATER FLYERS-ARTS 103.06 COl-frfISSION. 31445 COpy EQUIPMENT INC OFFICE SUPPLIES-STREET DEPT. 106.45 31446 THE COSTUME SHOP COSTUMES-ICE SHOW-COMMUNITY CENTER. 35.50 31447 CLIFF CRACAUER MILEAGE-FLEET SERVICES. 120.96 31448 CUTLER MAGNER COMPANY QUICKLlME~ATER TREATMENT PLANT. 3314.50 31449 DATA METAL CRAFT INC REFUND-UNUSED PORTION OF DEVELOPERS 561.80 AGREEMENT DEPOSIT. 31450 CRAIG W D/lhJSON MEETING EXPENSES/MILEAGE-ADMINISTRATION 64.16 DEPT. 31451 DECORATIVE DESIGNS JUNE 95 LIVE PLANT MAINTENANCE SERVICE-365.85 CITY HALL. 31452 DELEGARV TOOL COMPANY REFUND-UNUSED PORTION OF DEVELOPERS 434.30 AGREEMENT DEPOSIT. 31453 DIRECT SAFETY CO ARMGUARVS~ATER DEPT. 35.38 31454 OOSTCOATING INC CALCIUM CHLORIDE FOR DUST COATING-STREET 5134.00 DEPT/FLYING CLOUD ATHLETIC FIELDS. 31455 EASTMAN KODAK COMPANY APRIL 95 COPIER MAINTENANCE AGREEMENT-385.26 CITY HALL. 31456 ECOLAB PEST ELIMINATION DIV MAY 95 PEST CONTROL SERVICE-FACILITIES 186.40 DEPT. 31457 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-CITY STAFF. 62.00 31458 EDEN PRAIRIE SCHOOL DIST 272 REFUND-SPECIAL EVENTS PROGRAM. 80.00 31459 EDEN PRAIRIE SCHOOL DIST 272 COMPUTER LAB RENTAL-ADULT PROGRAMS. 45.00 31460 EKLUNDS TREE & BRUSH DISPOSAL APRIL 95 BRUSH DISPOSAL SERVICE-FORESTRY 150.00 DEPT. 31461 ELVIN SAFETY SUPPLY INC TAG LOCKOUTS-COMMUNITY CENTER. 30.87 31462 EMERGENCY APPARATUS MAINTENANCE I PUMPER LEAK REPAIR-FIRE DEPT. 139.92 31463 REBECCA ENGER COMPUTER INSTRUCTOR-SENIOR PROGRAMS/FEES 156.00 PAID. 31464 WAYNE ESTENSON CONFERENCE EXPENSES-SAFETY DEPT. 15.00 31465 THE EXECUTIVE PROGRAM PUBLICATIONS-FINANCE DEPT. 45.69 31466 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 6.30 31467 VINCE FAULISE BALLOON DECORATIONS-SENIOR /lhJARENESS WEEK. 27.54 31468 FEED RITE CONTROLS INC CHLORINE~ATER TREATMENT PLANT. 1687.10 31469 FISHER ENTERPRISES BLACK DIRT-RILEY LAKE PARK IMPROVEMENTS. 134.19 31470 FOLLANSBEE STEEL FLOAT DRUMS-PARK MAINTENANCE. 326.97 31471 GARTNER REFRIGERATION & MFG INC DRIER CORE/FILTER-COMMUNITY CENTER. 227.23 1750198 JUNE 6, 1995 6. .JUNE 6, 1995 VI 31472 GETTMAN COMPANY SUPPLIES-LIQUOR STORE I. 64.40 31473 GE CAPITAL .JUNE 95 COPIER LEASE AGREEMENT-SENIOR 134.75 CENTER. 31474 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES~ATER DEPT. 6.87 31475 GOPHER STATE ONE-CALL INC MARCH & APRIL SERVICE-UTILITIES DIVISION. 180.26 31476 W W GRAINGER INC LEAF BLOWER/SAWZALL KIT/DRAIN CLEANER KIT/ 757.23 SWIVELS/BIB OVERALL-COMMUNITY CENTER/ FLEET SERVICES. 31477 GREENE ESPEL SCHOOL-POLICE DEPT. 750.00 31478 HANSEN THORP PELLINEN OLSON INC SERVICE-BOUNDARY SURVEY OF PART OF 647.31 STARING LAKE PARK. 31479 HDS SPECIALTY VEHICLES REPLACEMENT SEAT-FLEET SERVICES. 260.00 31480 HELLERS CARBONIC WEST INC CHEMICALS~ATER TREATMENT PLANT. 316.71 31481 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION/MEETING 58.00 EXPENSES-ARTS COMMISSION. 31482 HENNEPIN COUNTY SHERIFF APRIL 95 BOOKING FEE-POLICE DEPT. 377 .46 31483 HENNEPIN COUNTY TREASURER APRIL 95 BOARD OF PRISONERS-POLICE DEPT. 2069.44 31484 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 1038.75 DEVELOPMENT DEPT. 31485 D C HEY COMPANY INC APRIL 95 COPIER MAINTENANCE AGREEMENT-26.00 BLDG INSPECTIONS DEPT. 31486 HILLYARD FLOOR CARE SUPPLY FLOOR FINISH-COMMUNITY CENTER. 422.55 31487 HIRSHFIELDS PAINT MFG FIELD MARKING PAINT-PARK MAINTENANCE. 833.37 31488 HEATHER HOLM SERVICE-THERAPEUTIC RECREATION INTERN-66.50 ADAPTIVE RECREATION PROGRAM. 31489 HOME SOLUTIONS INC SERVICE-HUNG DOORS/GLASS PANE REPLACED/ 360.73 BATHROOM DOOR KNOB/INSTALLED SMOKE DETECTOR-HOUSING REHABILITATION 'PROGRAM. 31490 HONEYWELL PROTECTION SERVICES 3RD QTR 95 SECURITY MAINTENANCE AGREEMENT-470.00 LIQUOR STORE II. 31491 .JEFFERY L HOVLID REIMBURSEMENT FOR WATER OPERATOR 55.00 CERTIFICATION FEES~ATER DEPT. 31492 COP IMAGING SYSTEMS TONER-STREET MAINTENANCE. 92.91 31493 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS~ATER DEPT. 123.18 31494 INFRATECH SERVICE-TELEVISING SEWER LINES-SEWER DEPT. 225.00 31495 INSTANT TESTING COMPANY DENSITY TESTING SERVICE-MITCHELL RD WELL 513.95 COLLECTOR & DISTRIBUTION WATERMAIN. 31496 INTL CONFERENCE OF BLDG OFFICIALS CODE MANUAL-BLDG INSPECTIONS DEPT. 37.50 31497 IRISH INC VEHICLE FIRST AID KITS-SAFETY DEPT. 148.89 31498 INTERSTATE DETROIT DIESEL INC SEALS-FLEET SERVICES. 97.03 31499 .J & B FOAM FABRICATORS INC SHIPPING CHARGES-ADAPTIVE RECREATION DEPT. 14.86 31500 .J & R RADIATOR CORP RADIATOR REPAIR/RADIATOR-FLEET SERVICES. 209.56 31501 BRENDA .JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 119.00 31502 CRAIG .JERDE SERVICE-SOFTBALL OFFICIAL/FEES PAID. 245.00 31503 .JERRYS FLOOR STORE CARPETING REPLACED IN SENIOR CENTER-546.45 FACILITIES DEPT. 31504 CARL .JULLIE MEETING EXPENSES/DUES-ADMINSTRATION DEPT. 236.26 31505 ELYCE KASTL GAR STAFF ,MEETING EXPENSES-AQUATIC & FITNESS 12.99 PROGRAM. 31506 ADOLPH KIEFER LIFEGUARD CHAIR UMBRELLAS-ROUND LAKE 211 .50 MARINA. 1172941 .JUNE 6, 1995 7. JUNE 6, 1995 VI 31507 KINKOS COPIES-PARK PLANNING DEPT/HUMAN RESOURCES 32.20 DEPT. 31508 PAM KLOOS SUPPLIES-KIDS KORNER PROGRAM. 5.41 31509 LAB SAFETY SUPPLY FACE SHIELD/HARD HAT HOLDER/GOGGLES/EAR 334.36 PLUGS/GLOVES~ATER DEPT. 31510 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1769.61 31511 ROBERT LAMBERT MEETING EXPENSES/DUES/OFFICE SUPPLIES-172.95 PARK & RECREATION DEPT. 31512 LAMETTRYS COLLISION REPAIR & PAINT VEHICLE-FLEET SERVICES. 815.89 31513 LANG PAULY & GREGERSON LTD APRIL 95 SERVICE-$875-PHILIP HILL 14825.00 CONDEMNATION/MARCH 95 SERVICE-$1325-TEMAN LAND-MUSICLAND GROUP INC/APRIL 95 SERVICE- $350-TEMAN LAND-MUSICLAND GROUP/MARCH 95 LEGAL SERVICE-$12275. 31514 J H LARSON ELECTRICAL COMPANY FLUORESCENT LIGHTS-FACILITIES DEPT. 247.61 31515 FRANK LAVALLE SERVICE-SOFTBALL OFFICIAL/FEES PAID. 140.00 31516 L M CIT VOLUNTEER WORKERS COMPENSATION INSURANCE. 1500.00 31517 LEES L/lJJJN CARE ROADSIDE MOWING SERVICE-STREET DEPT. 266.25 31518 L LEHMAN & ASSOCIATES INC APRIL & MAY SERVICE-FLYING CLOUD LANDFILL. 2747.51 31519 LORENZ BUS SERVICE INC BUS SERVICE-ADULT PROGRAMS. 172.00 31520 STEVE LUCAS PHOTOGRAPHY PORTRAIT SERVICE-CITY COUNCIL. 440.91 31521 MUFF MAGELSSEN PIANO TUNING SERVICE/HUMIDITY CLOTHS-48.50 SENIOR CENTER. 31522 MARINE RESCUE PRODUCTS INC MEGAPHONES/RESCUE TUBS-ROUND LAKE BEACH/ 639.55 RILEY LAKE BEACH/ROUND LAKE MARINA. 31523 MEDICINE LAKE TOURS WOODCARVING MUSEUM TOUR-ADULT PROGRAMS/ 238.00 FEES PAID. 31524 MENARDS PAINT/PAINT BRUSHES/BRACKETS/HOSES/ 236.65 CONNECTIONS/RODS/SUPPORTS/L/lJJJN EDGER/ FERTILIZER/WEED PREVENTER/TRANSPLANTER TOOL/MAILBOX/ADHESIVE/CEDAR SIDING/ TREATED TIMBERS-STREET MAINTENANCE/PARK MAINTENANCE/FACILITIES DEPT. 31525 METRO RESOURCES UNLIMITED SERVICE-PARK MAINTENANCE. 196.00 31526 METRO SYSTEMS PEDESTAL/INSTALLATION OF WORKSTATIONS-1639.48 POLICE DEPT. 31527 METROPOLITAN MECHANICAL VALVE LEAK REPAIR-COMMUNITY CENTER. 295.20 31528 MIDWEST ASPHALT CORP PATCHING ASPHALT/CRACKFILL/GRAVEL-STREET 9193.02 MAINTENANCE/PARK MAINTENANCE. 31529 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/COMMUNITY 1225.39 CENTER. 31530 MINNCOMM PAGING APRIL & MAY PAGER SERVICE-BLDG 110.16 INSPECTIONS DEPT. 31531 MPLS/ST PAUL METROPOLITAN AIRPORT LAND RENTAL-FLYING CLOUD BALLFIELDS. 556.80 31532 MINNESOTA BUSINESS FORMS LETTERHEAD-CITY HALL. 518.75 31533 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER RECHARGING/O-RINGS/ 107.07 VALVE STEMS-FIRE DEPT. 31534 MN FOUNDATION FOR BETTER LIFEGUARD TRAINING INTERPRETER SERVICE-240.00 INTERGRATED PROGRAM. 31535 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-FACILITIES DEPT. 196.50 3891077 JUNE 6, 1995 8. JUNE 6, 1995 VI 31536 MINNESOTA VALLEY LANDSCAPE INC TREE RELOCATION-CITY CENTER IMPROVEMENTS. 285.00 31537 MINUTEMAN PRESS PRINTING-CERTIFICATES OF OCCUPANCY/ 603.06 INSPECTION FORMS-BLDG INSPECTIONS DEPT. 31538 MOORE MEDICAL CORP OUTLET PLUG ASSEMBLY KIT-FIRE DEPT. 4.95 31539 MTI DISTRIBUTING CO REPLACED AXLE BEARINGS/INSTALLED DUST 298.41 SHIELD & BRAKE SHOES/V-BELTS-FLEET SERVICES. 31540 WM MUELLER & SONS INC SAND/GRAVEL/BLACKTOP-STREET MAINTENANCE/ 3309.43 FLYING CLOUD ATHLETIC FIELDS/PARK MAINTENANCE/WATER DEPT. 31541 NATIOANL ASSN OF COUNTIES PUBLICATION-COMMUNITY DEVELOPMENT DEPT. 15.00 31542 NATIONAL CAMERA EXCHANGE POLAROID FILM-POLICE DEPT. 583.09 31543 W E NEAL SLATE CO TACKBOARDS-PARK MAINTENANCE. 325.00 31544 NORTHLAND BUSINESS COMMUNICATIONS INK FILM-CITY HALL. 215.47 31545 NORTHWEST POWER PRODUCTS INC OIL SEAL/SPRING/BEARINGS-WATER DEPT. 65.30 31546 NORWEST BANKS PAYING AGENT FEE-GO STATE AID ROAD BONDS. 200.00 31547 ONGUARD TRAINING SUPPLIES-POLICE DEPT. 402~57 31548 OPM INFORMATION SYSTEMS COMPUTER REPAIR-COMMUNITY CENTER. 192.01 31549 JOHN A OTT SERVICE-FACILITATION/TRAINING WORKSHOP-150.00 HUMAN RESOURCES DEPT. 31550 P & H WAREHOUSE SALES INC IRRIGATION SYSTEM BACKFLOW PREVENTER-844.19 ROUND LAKE. 31551 PARAGON CABLE MPLS SERVICE-CITY HALL. 33.44 31552 PARKSIDE PRINTING INC PRINTING-MAY SENIOR NEWSLETTER/SENIOR 778.27 AWARENESS WEEK FLYER. 31553 PEARSON FLORIST EXPENSES-CITY HALL. 29.82 31554 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 326.35 31555 PLANT & FLANGED EQUIPMENT CO ADAPTER & ADAPTER PLATE FOR FIELD 3767.97 MOUNTING-WATER DEPT. 31556 PRAIRIE ELECTRIC COMPANY INC INSTALLED LIGHTS FOR ICE SKATING SHOW-537.00 COMMUNITY CENTER/INSTALLED RECEPTACLE- FACILITIES DEPT/REPLACED AMMETER SELECTOR SWITCHES-WATER DEPT. 31557 PRAIRIE LAWN & GARDEN CARBIDE BLADES/TILLER FUEL LEAK REPAIR-162.00 PARK MAINTENANCE. 31558 PRAIRIE OFFSET PRINTING PRINTING ANNUAL REPORT BOOKLETS-POLICE 636.02 DEPT. 31559 PRECISION DYNAMICS CORP PROPERTY IDENTIFICATION LABELS-COMMUNITY 134.00 CENTER. 31560 PREFERREV MECHANICAL SVC REFUND-MECHANICAL PERMIT. 25.67 31561 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 72.50 31562 THE PROMOTION GROUP JACKETS WITH CITY LOGO-SAFETY INCENTIVE 243.30 PROGRAM. 31563 QUALITY WASTE CONTROL INC MAY 95 WASTE DISPOSAL SERVICE-FACILITIES 556.51 DEPT/LIQUOR STORE II. 31564 R & R SPECIALTIES INC LPG PLUGS & POINTS-COMMUNITY CENTER. 175.89 31565 R W CONTRACTING INC RELOCATE TELEPHONE CABLE FOR SITE GRADING-658.75 WELL HOUSE 11 & 12 CONSTRUCTION. 31566 RADIO SHACK CLEANER-POLICE DEPT. 6.48 31567 RECREONICS INC ROPE-RILEY LAKE BEACH. 1137.16 1677461 JUNE 6, 1995 9. JUNE 6, 1995 VI 31568 RESCUE ONE INC LOCK OUT/TAG OUT TRAINING-FIRE DEPT. 525.00 31569 THE RETAIL MARKETING GROUP ADVERTISING-LIQUOR STORES. 50.00 31570 RICCAR HEATING REFUND-OVERPAYMENT MECHANICAL PERMIT. 171.00 31571 RICHARDS ASPHALT COMPANY SEALCOATING-STREET MAINTENANCE. 186.85 31572 CITY OF RICHFIELD DEPOSIT FOR TRIPS TO ORDWAY-ADULT 530.00 PROGRAMS/FEES PAID. 31573 RICOH CORPORATION JUNE 95 COPIER LEASE AGREEMENT-CITY HALL. 626.86 31574 ROBBINSDALE FARM & GARDEN SUPPLY CANINE SUPPLIES-POLICE DEPT. 251.76 31575 RITZ CAMERA PRINT/FILM PROCESSING-HUMAN RESOURCES 20.61 DEPT. 31576 ROADRUNNER TRANSPORTATION INC PARTS DELIVERY SERVICE-FLEET SERVICES. 40.45 31577 ST CROIX RECREATION CO IN HANDICAP FOUNTAIN/PUSH BAR JUG FILLER/ 1835.84 VALVE BOX-PIONEER PARK IMPROVEMENTS. 31578 SALLY"DISTRIBUTORS INC COSTUMES-ICE SHOW-COMMUNITY CENTER/BUBBLE 234.29 GUM/PING PONG BALLS/SUNGLASSES/PLASTIC VISORS/PRESS ON STAMPS-POOL OPERATIONS. 31579 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 162.60 TELESCOPIC POLE-FIRE DEPT. 31580 SCHAFER EQUIPMENT CO BULL FLOAT HANDLE/CURB MULE/ADAPTOR-143.54 STREET MAINTENANCE. 31581 WILBUR W SCHULTZ SERVICE-VOLLEYBALL & BASKETBALL OFFICIAL/ 748.00 FEES PAID. 31582 STEVEN R SINELL MEETING EXPENSES-ASSESSING DEPT. 116.25 31583 M LEE SMITH PUBLISHERS & PRINTERS SUBSCRIPTION-UTILITIES DIVISION. 87.00 31584 SMITH & NEPHEW ROLYAN INC . 333.77 31585 PETER N SMITH SERVICE-SOFTBALL & VOLLEYBALL OFFICIAL/ 89.50 FEES PAID. 31586 SNAP-ON TOOLS CROWFOOTS/CORDLE REPAIR/ARBOR ADAPTOR/ 206.10 HOLE SAW-FLEET SERVICES. 31587 SNELL MECHANICAL INC POOL AIR HANDLING UNIT REPAIR-COMMUNITY 92.35 CENTER. 31588 BRAD SNYDER SERVICE-MAP & COMPASS INSTRUCTOR/ 90.00 ORIENTEERING INSTRUCTOR/FEES PAID. 31589 ED SORENSEN MILEAGE-WATER DEPT. 44.80 31590 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-RINK DEHUMIDIFIER-91.25 COMUNITY CENTER. 31591 SOUTHWEST SUBURBAN CABLE COMMISSI THIRD QTR 95 OPERATING BUDGET-CITY 6306.66 COUNCIL. 31592 SPECIALTIES INC DISPOSABLE SKI ROPE LEASH-ANIMAL CONTROL 127.00 DEPT. 31593 SPS COMPANIES COPPER FITTINGS/BRASS TEES/HOSE CLAMPS/ 78.08 TEFLON TAPE-PARK MAINTENANCE. 31594 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 14.60 STORE III. 31595 ROBERT STARK REIMBURSEMENT OF DIFFERENCE BcnwEEN CLASS 19.00 A & CLASS C DRIVERS LICENSE-STREET MAINTENANCE. 31596 LYNN STOCK CANINE SUPPLIES-POLICE DEPT. 59.37 31597 STREICHERS PROFESSIONAL POLICE EQ MAGAZINE HOLDERS/GUN HOLSTER/AMMUNITION/ 404.78 FLASHLIGHTS & HOLDERS/DISPOSABLE RESTRAINTS-POLICE DEPT/TACTICAL LIGHTS- POLICE DEPT. 1368731 JUNE 6, 1995 10. JUNE 6, 1995 VI 31598 STRINGER BUSINESS SYSTEMS INC COPIER MAINTENANCE AGREEMENT-CITY HALL. 46.98 31599 SUPERINTENDENT OF DOCUMENTS OSHA REGULATIONS-SAFETY DEPT. 79.00 31600 TANK RE-NU OF MN FUEL TANK REPAIR-FLEET SERVICES. 125.48 31601 KATHY TEKIELA SERVICE-BEESWAX CANDLES & DRIED FLOWER 100.00 WREATHS INSTRUCTOR/FEES PAID. 31602 STAN TEKIELA SERVICE-OWLS/MUSHROOMS & EXPLORE 230.00 MINNESOTA INSTRUCTOR/FEES PAID. 31603 NANCY THOMPSON PUNCH SUPPLIES-SENIOR AWARENESS WEEK. 28.15 31604 THOMPSON PLUMBING REFUND-PLUMBING PERMIT. 24.50 31605 JEANE THORNE INC SERVICE-SENIOR CENTER. 397.90 31606 LOWELL THONE BUILDING INSPECTOR CERTIFICATION RENEWAL 25.00 FEE-BLDG INSPECTIONS DEPT. 31607 TIMBER LANE NURSERY CARE & PLANTING OF NORWAY PINES/ 1027.35 TRANSPLANTING WILLOWS DUE TO PIPE INSTALLATION AT KIMBERLEY LANE. 31608 TIE SYSTEMS INC-MN CHANGED EXTENSIONS/PHONE & INSTALLATION-517 .30 CITY HALL. 31609 TKDA & ASSOC INC SERVICE-ENTRANCE ROAD MODIFICATIONS-CITY 1835.44 CENTER. 31610 TONKA CYCLE & SKI EXERCISE BIKE REPAIR-FITNESS CENTER. 20.95 31611 TOTAL REGISTER SYS PLASTIC LABELS-LIQUOR STORE II. 13.15 31612 TRI TECH DISPENSING REPAIR OF CONCESSION STAND REFRIGERATOR 583.53 MOTOR-COMMUNITY CENTER. 31613 TWIN CITY VACUUM VACUUM CLEANER BAGS-FACILITIES DEPT. 66.14 31614 BRENDA UTING MILEAGE-SENIOR CENTER. 34.33 31615 URBAN COMMUNICATIONS SPOTLIGHTS/CABLES/FOGGER & LAMP RENTALS-1219.49 ICE SHOW-COMMUNITY CENTER. 31616 VESSCO INC SEATS/STEM UNITS/DIAPHRAGMS/SHAFT UPPER-304.99 WATER DEPT. 31617 VOSS LIGHTING LIGHTS BULBS-COMMUNITY CENTER. 383.65 31618 ~ SCIENTIFIC INC GRADUATED CYLINDERS-WATER TREATMENT PLANT. 300.30 31619 WATER SPECIALTY OF MN-INC LIQUID CHLORINE/TEST TABLETS-COMMUNITY 299.58 CENTER. 31620 WATERPRO COUPLING SLEEVES/GASKETS/TOUCHPAD 547.83 UPGRADES/MESH SCREENS/BRASS PLUGS-WATER DEPT/TAPPING MACHINE RENTAL-PARK MAINTENANCE. 31621 WAYTEK INC CABLE TIES-PARK MAINTENANCE. 35.98 31622 WEATHER WATCH INC SERVICE-SNOW & ICE CONTROL-STREET DEPT. 195.00 31623 WEST WELD WELDERS CLAMP-PARK MAINTENANCE/HELMET/ 341.45 HEADGEAR/LEATHER HOOL/WIRE/WELDING GLOVES- FLEET SERVICES. 31624 JOEL WESTACOTT PRODUCTION SERVICE VIDEO SERVICE-COMMUNITY SERVICES DEPT. 47.25 31625 WESTBURNE SUPPLY INC-MPLS WATER CLOSET SEAT/GASKET-COMMUNITY CENTER. 82.40 31626 LOIS N WILDER SERVICE-MEMOIR WRITING INSTRUCTOR-SENIOR 135.00 PROGRAMS/FEES PAID. 31627 WOMEN IN LEISURE SERVICES DUES-RECREATION ADMINISTRATION DEPT. 20.00 31628 YALE INC CONTRACT MAINTENANCE-WATER DEPT. 504.90 31629 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-ROUND LAKE BEACH/POOL 181.90 OPERATIONS/COMMUNITY CENTER. 975492 JUNE 6, 1995 11 • JUNE 6, 1995 31630 DELANN ERICKSON ARCHITECTS 11000 NORWEST BANK 11000 AMERICAN BANK 11000 FIRST TRUST BANK 22000 MN DEPT OF REVENUE 22000 MN DEPT OF REVENUE 44000 MN DEPT OF REVENUE 55000 MN DEPT OF REVENUE 30951 VOID OUT CHECK 31152 VOID OUT CHECK 31227 VOID OUT CHECK 31314 vorn OUT CHECK 81398603 JUNE 6, 1995 VI SERVICE-RINK DEHUMIDIFICATION-COMMUNITY CENTER. BOND PAYMENTS. BOND PAYMENTS. BOND PAYMENTS. PAYROLL 04-28-95. PAYROLL 05-12-95. APRIL 95 SALES TAX. APRIL 95 SPECIAL FUEL TAX. 12. 6522.43 418025.00 246493.75 70300.00 17857.64 17292.07 39313.00 361.20 24.00- 2025.06- 130.00- $1361877.50