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Home My WebLink AboutCity Council - 04/16/1985FINANCE DIRECTOR JOHN FRANE AGENDA TUESDAY, APRIL 16, 1985 CITY COUNCIL MEMBERS: JOINT MEETING CITY COUNCIL & DEVELOPMENT COMMISSION 6:00 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath DEVELOPMENT COMMISSION MEMBERS: CITY STAFF: Chairman Marvin LaGrow, Ron Allar, Kent Barker, Glenn H. Keitel, Donald Opheim, Peter Stalland and Walter Thompson City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Planning Director Chris Enger, City Assessor Steven Sinell, and Recording Secretary Karen Michael I. CALL TO ORDER/ROLL CALL II. INTRODUCTIONS III. DISCUSSION ITEMS A. Role of Commission *Need to update powers and responsibilities in Sec. 2.12 of City Code? B. Discussion on Property Taxes C. Relationship with Chamber of Commerce D. Communication with Business Community, *Business Survey *Forum for Business Concerns E. Transportation *Hwy. 5 and 212 *Alternative Transit Services F. Star City Designation G. Guide Plan Update Process *Eden Prairie west of Eden Prairie Road, South of Hwy. 5 IV. ADJOURNMENT. 5 2.12 SEC. 2.12. DEVELOPMENT COMMISSION. Subd. 1. Establishment and Composition. A Development Commission, composed of seven (7) members, is hereby established for the purpose of advising the Council and the Planning Commission as to development Of the City. Commission members shall serve staggered three-year terms. Subd. 2. PowerS and Duties. The Commission shall have the following powers and duties: A. To confer with and advise the Council and Planning Commission on all matters concerning the residential. industrial and commercial development of the City. B. To publicize, with the consent of the Coun-cil, the industrial and commercial advantages and opportuni-ties of the City within the means provided by an appropriation made therefor by the Council. C. To collect data and information as to the type of industries and commerce best suited to the City. D. To periodically survey the over-all condi-tion of the City from the standpoint of determining whether the City has a community climate for industry and to determine the general receptiveness of the City to particular types of industry. E. To publicize information as to the general advantages and disadvantages of residential, industrial and commercial development in a community. F. To cooperate with all industries and busi-nesses in the City in the solution of any community problems which they may have, and to encourage the expansion, develop-ment and management of such industries and businesses so as to promote the general welfare of the City. G. To cooperate with all community groups and civic organizations within the City and to furnish them such aid and advice as deemed appropriate. H. To aid the Council and Planning Commission in the proper zoning and orderly development of areas suitable for industrial and commercial development. I. To develop, compile, coordinate and publi-cize with available funds information such as, but not limited to, the following: 1. Existing industrial and commercial concerns with the City, type of business, number of employees and whether each serves local, regional or national markets. 2. Available industrial and commercial sites including number of acres, approximate price, existing zoning and proximity to trackage and highways. 3. Available buildings for industrial and commercial operations including type of building, number of square feet, existing zoning and proximity to trackage and highways. (Minnesota State Department )orm). 4. Transportation facilities, including railroads, motor carriers, water transportation, air transpor-tation and highway facilities. (9-17-82) 13 12-1 (9-17-82) S. Electric power available. 6. Fuels available for industrial, com-mercial and residential use. 7. Sewage disposal facilities. 8. water supply facilities. 9. Community facilities such as fire, police and educational. 10. Recreational facilities. 11. Going wage rates in the City for trades, skilled, semi-skilled and white collar workers. 12. Availability of labor. 13. General community attitude toward industrial and commercial expansion, development and attrac-tion. 14. Experience and program of surrounding suburban communities in regards to industrial and commercial expansion, development and attraction. J. To recomend to the Council and Planning Commission policies and particular actions in regards to in-dustrial and commercial expansion, development and attraction. K. TO cooperate with and use the facilities of the Minnesota Department of Business Development. SEC. 2.13. BOARD OP BUILDING APPEALS. Subd. 1. Establishment and Composition. A Board of Building Appeals, composed of five (5) members, is hereby established for the purpose of determining the suitability Of alternate materials and methods of construction and to provide tor reasonable interpretations of the provisions Of the State Building Code. Board members shall serve staggered three-year terms. Subd. 2. Duties. The Board shall conduct investi-gations and inquiry into matters brought before it and shall make all decisions and findings in writing to the Building Inspector with a duplicate copy to the appellant, and may recommend to the Council such new legislation as is consistent therewith. The Council may elect to review and amend any decision of this Board within twenty-one (21) days following such Board decision. SEC. 2.14. PLANNING COMMISSION. Subd. 1. Establishment and Composition. A Planning Commission, composed of seven (7) members, is hereby estab-lished for the purpose of advising the Council and City Plan-ning Staff in all matters of land use and subdivision. CommiSsion members shall serve staggered three-year terms. (9-17-82) 14 EDEN PRAIRIE CITY COUNCIL AGENDA TUESDAY, APRIL 16, 1985 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie; Assistant to the City Manager Craig Dawson; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of City Council Meeting held Tuesday, February 19, 1985 B. Minutes of Joint City Council/School Board Meeting held Tjisday, March 5, 1985 C. Minutes of City Council Meeting held Tuesday, March 5 1985 III. CONSENT CALENDAR A. Clerk's License List B. RED ROCK HEIGHTS by Jerry Halmrast & Bill Bilk. 2nd Reading of Ordinance No. 7-85, Zoning District Change from Rural to R1-13.5 for 22.6 acres; Approval of Developer's Agreement for Red Rock Heights, and Adoption of Resolution No. 85-87, Approving Summary of Ordinance No. 7-85 and Ordering Publication of said Summary. 33.9 acres into 50 single family lots and three outlots. Location: South of Scenic Heights Road, east of County Road No. 4. (Ordinance No. 7-85 - Zoning District Change; Resolution No. 85-87 - Approving Summary of Ordinance) C. CARDARELLE III by Frank Cardarelle. 2nd Reading of Ordinance No. No. 9-85 for Zoning District Change from Rural to Office for 1.05 acres; Adoption of Resolution No. 85-91, Approving Development Plans for Cardarelle III Office Building; and Adoption of Resolution No. 85-93 Approving Sumnary of Ordinance No. 9-85 and and Ordering Publication of Said Summary. 8,150 square foot office building. Location: North of Regional Center, West of Eden Road. (Ordinance No. 9-85 - Zoning District Change; Resolution No. 85-91 - Approving Development Plans; and Adoption of Resolution No. 85-93 Aproving Summary of Ordinance No. 9-85 and Ordering Publication of Said Summary) Page 793 Page 806 Page 807 Page 816 Page 817 Page 824 City Council Agenda - 2 - Tues.,April 16, 1985 Page 829 Page 831 Page 834 Page 841 Page 731 & Page 845 Page 848 Page 850 Page 858 Page 859 Page 709 & Page 866 Page 868 Page 945 D Change Order No. 1, Grading contract for Homeward Hills Park, I.C. 51-374 E. Set Tuesday, May 28 1985 6:00 PM Room 5, School Administration Building, as the time and date for a Joint Meeting of City Council/School Board and Adhoc City Needs Study Committee F. Final Plat approval for Eden Commons (Resolution No. 85-95) G. Reschedule City Council meeting on May 21 1985 from 7:30 PM to 8:00 PM in Room 5 of the School Administration Building H. Proposed revision to Tree Ordinance (Ordinance No. 11-85) I. Authorize execution of Quit Claim Deed to the Independent Millwork IV. PUBLIC HEARINGS A. Feasibility Report for Preserve Boulevard Improvements between Prairie Center Drive and Anderson Lakes Parkway, I.C. TkiiJaion No. 85-83T—Continued EiTic Hearing from April 2, 1985. B. Vacation of excess right-of-way and easements in Bluffs West 4th Addition -(ffesolution No. 85-96) C. PRIMETECH PARK, PHASE I, by MRTT Joint Venture. Request for Planned Unit Development Concept Amendment on approximately 20 acres, Planned Unit District Amendment on six acres, Zoning District Change from 1-2 Park to Office on 1.93 acres for a 31,500 square foot office building. Location: North of Shady Oak Road, East of City West Parkway. (Resoluton No. 85-92 - PUD Concept Amendment; Ordinance No. 10-85 - Amending Ordinance No. 14-84 from 1-2 Park to Office) D. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $11,000,000.00 FOR TANAGER CRER—TResolution No. 85477 V. PAYMENT OF CLAIMS NOS. 19587 - 19840 ORDINANCES & RESOLUTIONS A. Findings and Conclusions relating to the request of Welcome Home to operate a licensed residential facility (Continued from March 19, 1985). B. CATV Relief Ordinance (Ordinance No. 12-85); Ordinance Amending Cable TV Franchise Ordinance No. 80-33 (Ordinance No. 1a1 85); and Review and Adoption of Performance Agreement PETITIONS REQUESTS & COMMUNICATIONS A. St. John's Drive - Road Connection VI. 'II • City Council Agenda - 3 - Tues.,April 16, 1985 VI I I. I X• B. Request py William Gilk and Jerry Halmrast to review decision of Board of Appeals & Adjustments regarding Red Rock Heights variances REPORTS OF ADVISORY COMMISSIONS A. Recycling Advisory Committee - Request authorization for community survey on recycling REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Fitness Program C. Report of City Attorney NEW BUSINESS ADJOURNMENT Page 950 Page 951 Page 953 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 19, 1985 CITY COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL: all members were present 7;30 p.m., SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Plannina Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was removed from the Agenda: III. P. Final approval of • Housing Revenue Bonds in the amount of $9 -650 oono for Eden Commons , 4 .1 ... 3 MOTION: Redpath moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimousIY, II. MINUTES A. Minutes of City Council Meeting held Tuesday, December 18, 1984 page 11, para, 3 under "A.", first line: insert "mass transit" between "internal" and "circulation," MOTION: Bentley moved, seconded by Redpath, to approve the Minutes the the City Council Meeting held Tuesday, December 18, 1984, as amended and published, Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Award bid for aradine of Frani° Park and Eden Valley Park C. Award quotes for play structures at Starino Lake Park, Homeward Hills Park, and Edenvale Park 1LP City Council Minutes -2- February 19, 1985 D. Final Plat approval for Edenvale Executive Center (Resolution No. 85-56 ) E. Final Plat approval for Lake Heights 2nd Addition (Resolution No. 85-57 ) F. Final Plat approval for Coachman's Landing 2nd Addition (Resolution No. 85-54) G. Final Plat approval for Coachman's Landing 3rd Addition (Resolution No. 85-55) H. Receive Feasibility Report for Sanitary Sewer Improvements - Paulsen's 1 s t and 2nd Additions and Apple Groves - and set Public Hearing for 7:30 p.m . , March 19, 1985 - I.C. 52-061 I. Change Order No. 3, I.C. 51-308C J. Change Order No. 4, I.C. 51-308A-2 K. Resolution authorizing preparation of Feasibility Report for Rowland Roa d , I.C. 52-067 (Resolution No. 85-59) L. APPLE GROVES by Northwest Properties, Adopting a Finding of No Significant Impact for Environmental Assessment Worksheet on Apple Groves (Resolution No. 85-50 - Finding No Significant Impact) M. EDEN COMMONS by Chasewood Development. Adopting a Finding of No Signific a n t Impact for Environmental Assessment Worksheet on Eden Commons (Resolution No. 85-52 - Finding No Significant Impact) N. MUIRFIELD by Tandem Corporation. Adopting a Finding of No Significant Impact for Environmental Assessment Worksheet for Muirfield (Resolution No. 85-51 - Finding No Significant Impact) 0. BERGIN AUTO BODY by James J. Bergin. 2nd Reading of Ordinance No. 4-85 within 1-2 Park District for one acre; Adoption of Resolution 4o. 85-64 Approving Development Plan for Bergin Auto Body; and Adoption of Resolu- tion No. 85-65, Approving Summary of Ordinance No. 4-85 and Ordering Publication of Said Summary, (Ordinance No. 4-85 - zoning amendment within 1-2 District, Resolution No. 85-64 - approving Development Plan and Resolution No. 85-65 - authorizing publication of Summary of Ordinance) P. Final a royal of Housing Revenue Bonds in the amount of $9,650 4 000.00 or Eden Commons (Resolution No. 85-63) - withdraw at the request of the proponent. MOTION: Bentley moved, seconded by Redpath, to adopt items A - 0 on the Consent Calendar, Motion carried unanimously. City Council Minutes -3- February 19, 1985 IV. PUBLIC HEARINGS A. Bluffs West Vicinity Storm Sewer Feasibility Report, I.C. 52-069 (Resolution No. 85-60) City Manager Jullie stated notice of this Public Hearing had been published and copies of the feasibility report were mailed to each property owner listed on the assessment roll. Director of Public Works Dietz addressed the feasibility report. He noted that Staff had met with the Hustads to discuss the report and they indicated a willingness to accept a larger share of the project costs based upon what their costs would be if they construc- ted a permanent drainage system to serve their remaining undeveloped properties, including the developed lots which they sold and which lay within the drainage assessment area per recommended Alternate 3. The Hustads indicated they would be asking for one or two additional lots in the Bluffs West 5th Addition to pay for the drainage improve- ments. Dietz said the Council might wish to consider ordering Alternate 3 based upon Hustad's cost sharing commitment and spreadina the balance of the project costs against the remaining drainage area benefitted. Another consideration might be to defer until development, with interest not to exceed 50% of the principal, the cost to other undeveloped prop- erties. Dietz called attention to the fact that all final commitments on •the special assessment spread must be considered at the Special Assessment Hearing for the project which would occur at a later time when the project costs have been finalized. There was discussion by the Council as to the cost per acre of the improvements. Jullie said the cost was $2750 per acre and noted the assessment would be spread over 17 years. Ellen Koshenina, 10541 Riverview Drive, said she did not feel the Laseskis and the Brandts should have to pay for any of this since there were no problems until the Hustads came up with this proposal for development. Dietz said if the Laseskis or the Brandts choose not to develop their properties they would only have to pay the one- half acre rate; the remainder of the assessment would not have to be paid until development occurred. Kate Laseski, Riverview Road, asked for clarification regarding the deferrment procedure. Gregory Fontaine, Dorsey & Whitney, attorney representing Eliza Anderson and Kate Mooers, spoke in support of Alternate #3; he wished to go on record as preserving his clients' rights for an Environmental Impact Statement or Environmental Assessment Worksheet should it be found that his clients' property was adversely affected if Alternate #3 was not chosen. '14k- City Council Minutes -4- February 19, 1985 Dr. Henry E. Brandt, 12300 Riverview, said it seemed to him that whatever is done in the Bluffs West 5th Addition, he would think the Brandts and the Laseskis would be able to develop their properties without coming back before the Council. Bentley said any development proposals must come before the City Council. Brandt said he felt what was being done by this proposal was setting a precedent and would be forcing development. Dennis Laufenburger, 11800 Riverview Road, asked what is happening to the storm water at this time. Dietz explained the storm water run-off using a map. Bill Ballantyne, 11908 Pendleton Court, inquired as to the location of a specific pipe. Brian Keegan, 10515 Riverview Drive, said he does not see how this is going to help those living south and east of Riverview Road where the real problems seem to be. Laufenburger stated the solution should have been a final one; he felt additional work would have to be done later on. Steven Boots, 11909 Pendleton Court, said he felt that if it were not for the new subdivision there would not be a need for more storm sewers and consequently there would not be a special assessment. He asked how this would be accomplished. Dietz explained there would be a plastic pipe put in 3' deep. This would be done along the easement along the rear lot lines of homes. Dietz noted that restoration of yards is included in the plan. Koshenina said there are problems in the Spring with run-off; she cited the erosion problems which result. Redpath said the reason the City Council was looking at this particular alternative was to alleviate that problem. Bentley asked if this proposal had to be reviewed by the Watershed District and the DNR. Dietz said the Watershed District would have to review it; it had not been determined whether or not the DNR would have to review the proposal. Dietz said there would be some leaching of the run-off into the River. He stated that it was felt this proposal provides the best solution with the least number of adverse factors. Sally Brown, 10080 Bennett Place, reviewed the history of the water problems in this sector of the City. Brown said that as long as the City was so accommodating to the developer, problems such as this would not be resolved. Redpath said that was why this study had been requested by the Council in December; the Council is trying to eliminate a problem such as Brown has on her property. Keegan said he did not see how his property would be helped by this project. 1/9(p City Council Minutes -5- February 19, 1985 Duane Essink, 10290 Edinburgh Circle, asked how many e n g i n e e r i n g f i r m s had taken a look at this before a solution had been d e t e r m i n e d . D i e t z reviewed the process which was used for projects of t h i s t y p e a n d n o t e d that there are seven or eight checks and balances in t h e p r o c e s s . E s s i n k asked who would be responsible if this does not work a n d s o m e t h i n g e l s e had to be done in five or six years. Dietz said it w o u l d b e t h e C i t y ' s responsibility or else the whole reviewal process wou l d h a v e t o b e g o n e through again. Redpath said he felt this was the rig h t a l t e r n a t e a n d that it would work. Boots said he felt the Council had already made up i t s m i n d . B e n t l e y said the Council had based some of its comments on ot h e r h e a r i n g s w h i c h have been held regarding this area. Anderson noted that the City for many years has trie d t o p r o t e c t t h e bluffs. He asked what would happen if this proposal i s n o t a p p r o v e d . Dietz said there would be additional damage.. it is b u i l t t o t h e p o i n t where nothing else should happen in that area to add t o t h e p r o b l e m . Bentley asked about the appropriateness of including t h e a r e a s s o u t h and east of Riverview Drive in this area. Dietz sho w e d o n a m a p t h e drainage areas; the area south and east does not dra i n i n t o t h i s a r e a . Brown asked if the developer had to put up a perform a n c e b o n d f o r t h i s proposal. Dietz indicated this would be a City proj e c t a n d t h e d e v e l o p e r would not have to put up a bond. Koshenina noted the Schlampp property was not incl u d e d i n t h e a s s e s s m e n t roll and he was the one who brought up the fact the r e w a s a p r o b l e m . D i e t z reviewed the history of what had happened regarding t h i s p r o p o s a l . MOTION: Anderson moved, seconded by Redpath to clo s e t h e P u b l i c H e a r i n g and to adopt Resolution No. 85-60, ordering improve m e n t s a n d p r e p a r a t i o n of plans and specifications, I.C. 52-069, Bluffs We s t V i c i n i t y S t o r m Sewer. Motion carried unanimously. B. BLUFFS WEST 5TH ADDITION by The Bluffs Company. Request for Zoning District Change from R1-22 to R1-13.5 for 14.5 acres a n d p r e l i m i n a r y plat of 14.5 acres into 32 single family lots. Loca t i o n : s o u t h o f Riverview Road, east of West Riverview Drive. (Ordin a n c e N o . 1 0 6 - 8 4 - zoning and Resolution No. 84-215 - preliminary plat) C o n t i n u e d P u b l i c Hearing from January 22, 1985 City Manager Jullie noted that this item was continue d f r o m t h e J a n u a r y 22, 1985, meeting, Wally Hustad, Jr., representing The Bluffs Company, a d d r e s s e d t h e request. City Council Minutes -6- February 19, 1985 Director of Planning Enger stated the Planning Commission had reviewed this request at its meetings on July 9, 1984, July 23, 1984, August 13, 1984, and August 27, 1984. This item had been reviewed by the City Council at its meetings on September 4, 1984, and December 11, 1984; it was continued to tonight's agenda to allow time for the storm sewer proposal. At its meeting on August 27, 1984, the Planning Commission recommended approval for 29 single family lots in the Bluffs West 5th Addition based on plans revised from the 31 lots which had been requested. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting in August at which time it voted to recommend approval with the addition of an 8 asphalt bikeway. Redpath asked for the rationale of reducing the number of lots from 31 to 29. Enger said the Planning Commission was concerned about providing a transition to the area of larger homes south of Riverview Drive. Ander- son asked about the significance of having lot lines line up across the street from each other. Redpath said he felt that could be carried too far. Enger said the Plannino Commission was concerned about lot lines as well as the 22.5 zoning. Gayle Diehl, 10530 West Riverview Drive, said she would like to see about 26 lots allowed in the area to be developed. Dr. James Diehl, 10530 West Riverview Drive, said there was no transition on his side of Riverview. He said he felt the whole area was being cheapened and those who had paid premiums for their lots were not going to be penalized. He said the proposal was an insult to the current residents. Ellen Koshenina, 10451 Riverview Drive, said more houses are proposed for this area than were built in the Orin Thompson area to the north. She said the feasibility report showed 27 lots. Dietz said Staff had used 28 lots and that has no bearing on the number proposed by the developer. Bentley expressed concern about the transition on the west side of River- view Drive. He felt the lots had relatively small frontages compared to those adjacent lots to the south. Enger said the Planning Commission had not devoted much time to this particular area as its concern was with the area directly across the street from the lots on the south. Enger said he felt it was appropriate to review the lot sizes on the west. There was some discussion as to the interpretation of transition, Bentley said he felt the question before the Council was whether or not 13.5 zoninn is appropriate on this site. He said he felt 13.5 is appropriate in this area since it is just south of an area which is zoned 13.5. He suggested that two or three lots be deleted from the area west of Riverview so those lots would be more compatible with the adjacent lots. T/, City Council Minutes -7- February 19, 1985 Pidcock asked about the price range of the homes proposed. Hustad said The Bluffs Company is only a development company and would not do the building; the lots would be priced in the $30,000 range probably. Redpath asked what the cost of the lots would be if two were removed on the west. Hustad said $40,000. Koshenina said she would like to see the area south of Riverview zoned 22.5. She indicated she favored 27 or 28 lots. Gayle Diehl said the lot frontages on the west side could be increased by removing only one lot. Redpath noted that the reason why half-acre lots are no longer feasible is the cost of City sewer and water. Anderson said he would be agreeable to a 29 lot plan with the removal of one lot on the west side and adjusting the other lot sizes in that area. Hustad said if the proposal were dropped to 28 lots, this would not be built. Anderson said he was attempting to work out a compromise. Bentley said it was not good planning to put a 70' frontage next to one with 150'; this would not be an appropriate transition. He did not think that just lot depth or width should be a matter of consideration; these should be considered together. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 106-84, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-215, preliminary plat approval, for 29 lots (with the removal of one lot from the south and one from the west and adjusting the boundaries accordingly.) Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations. Motion carried unanimously. C. Request for Housing Revenue Bonds in the amount of $11,000,000.00 for Tanager Creek (Resolution No. 85-48) - Continued Public Hearing from February 5, 1985 City Manager Jullie stated the proponents have withdrawn their request at this time because the Planning Staff had determined the proponent's current development plans are not in conformance with the rezoning approval. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to table Resolution No. 85-48 at the request of the proponent. Motion carried unanimously. f-ML) City Council Minutes -8- February 19, 1985 D. Request for Munici al Industrial Develo ment Bonds in the amount of TY,76-ttb-076 for Roberts Litho City Manager Jullie said notice of this Public Hearing had been published. He noted that the Council had granted preliminary approval at its meeting on January 22, 1985; a public hearing was not conducted at that time because of the time constraints that the applicants were under. This Hearing is being conducted to satisfy Federal laws concerning issuance of MID8s. Steve Hoyt, proponent, was present to answer questions. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. E. Street Name Change - Birch Island Road between Edenvale Boulevard and Co. Rd. 67 (Ordinance No. 6-85) City Manager Jullie said notice of this Public Hearing was published and notices were mailed to the two or three property owners whose addresses would be affected. Director of Public Works Dietz explained the rationale for the name change. There was discussion as to what the name should be. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to give 1st Reading to Ordinance No. 6-85, changing the name of Birch Island Road between Edenvale Boulevard and Co. Rd. 67 to Indian Chief Road. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 18563 - 18833 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 18563 - 18833. Roll call vote: Anderson, Bentley; Pidcock, Redpath and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES AND RESOLUTIONS There were none. City Council Minutes -9- February 19, 1985 VII. APPOINTMENTS A. Appointment of Ad Hoc Committee members to study Referendum Issues for the City of Eden Prairie (Continued from February 5, 19661 ---- The names of Carolyn Lyngdal and Sue Osberg were placed in nomination. MOTION: Anderson moved, seconded by Bentley, to close the nominations. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to approve the appointment of the Ad Hoc Committee members to study Referendum Issues as submitted previously: Merle Gamm, Curt Connaughty. Bob Hallett, Moe Cook, Fred Hoisington, Bob Lambert, John Frane and with the addition of Carolyn Lyngdal and Sue Osberg. Motion carried unanimously. (Representatives of the Outdoor Recreation Facilities Sub-committee and the Indoor Recre- ation Facilities Sub-committee will be appointed later; two members at large will be appointed later; also serving will be City Staff Liaison.) B. Board of Appeals & Adjustments - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Ron Krueger and Roger Sandvik were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for Ron Krueger and Roger Sandvik for appointment to three year terms on the Board of Appeals & Adjustments effective March 1, 1985. Motion carried unanimously. C. Building Code Board of Appeals - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Charles DeBono and William Arockiasamy were placed in nomination. MOTION: Anderson moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for Charles DeBono and William Arockiasamy for appointment to three-year terms on the Building Code Board of Appeals effective March I, 1985. Motion carried unanimously. D. Development Commission - Appointment of two members to serve three- year terms effective March 1, 1985. The names of Ron Allar, Walter Thompson, and Julianne Bye were placed in nomination. MOTION: Redpath moved, seconded by Anderson, to close the nominations. Motion carried unanimously. Voting for Allar were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Thompson were: Anderson, Bentley, Redpath and Peterson. Voting for Bye was: Pidcock. /LI City Council Minutes -10- February 19, 1985 Ron Allar and Walter Thompson were appointed to three-year terms on the Development Commission effective March 1, 1985. E. Flying Cloud Airport Advisory Commission of Eden Prairie - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Jean Bitter, Clyde Lake, David Barker, and Eva Reeve were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations. Motion carried unanimously. Voting for Bitter were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Lake were: Anderson, Bentley and Redpath. Voting for Barker was: Peterson. Voting for Reeve was: Pidcock. Jean Bitter and Clyde Lake were appointed to three-year terms on the Flying Cloud Airport Advisory Commission effective March 1, 1985. F. Historical & Cultural Commission - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Mona Finholt Leppla, Adeline Bramwell and Coralyn Koschinska were placed in nomination. MOTION: Bentley moved, seconded by Anderson, to close the nominations. Motion carried unanimously. Voting for Leppla were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Bramwell were: Anderson and Redpath. Voting for Koschinska were: Bentley, Pidcock and Peterson. Mona Finholt Leppla and Coralyn Koschinska were appointed to three-year terms on the Historical & Cultural Commission effective March 1, 1985. G. Human Rights & Services Commission - Appointment of two members to serve three-year terms effective March 1, 1985. The names of Margaret (Peg) Johnson, Helen Robertson, James Van Horn, and Rosemary Finley were placed in nomination. MOTION: Pidcock moved, seconded by Anderson, to close the nominations. Motion carried unanimously. Voting for Johnson were: Anderson, Bentley. Pidcock, Redpath and Peterson. Voting for Robertson was: Redpath. Voting for Van Horn were: Anderson, Bentley and Peterson, Voting for Finley was: Pidcock. '/02 City Council Minutes February 19, 1985 Margaret (Peg) Johnson and James Van Horn were appointed to three-year terms on the Human Rights & Services Commission effective March 1, 1985. H. Parks, Recreation & Natural Resources Commission - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Raiford "Bud" Baker, Gary Gonyea, Janet Whiteford and Julianne Bye were placed in nomination. MOTION: Pidcock moved, seconded by Bentley, to close the nominations. Motion carried unanimously. Voting for Baker were: Anderson, Bentley, Redpath and Peterson. Voting for Gonyea were: Bentley, Redpath and Peterson. Voting for Whiteford were: Anderson and Pidcock. Voting for Bye was: Pidcock. Raiford "Bud" Baker and Gary Gonyea were appointed to three-year terms on the Parks, Recreation & Natural Resources Commission effective March 1, 1985. I. Planning Commission - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Christine Dodge, Julianne Bye, Douglas Reuter, Hakon Torjesen, Ann Youngdahl Boline and Ross Peterson were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations. Motion carried unanimously. Voting for Dodge were: Anderson, Bentley and Redpath. Voting for Bye were: Anderson, Bentley, Redpath and Peterson. Voting for Torjesen was: Pidcock. Voting for Boline was: Pidcock. Voting for Peterson was: Peterson. Christine Dodge and Julianne Bye were appointed to three-year terms on the Planning Commission effective March 1, 1985. Donald Sorensen, 7121 Willow Creek Road, recommended a training session be held for commission members so that they are aware of what their charges are. Redpath said he would like to set aside an evening to interview each of the candidates for various boards and commissions. He would like this to begin next year. Bentley asked that City Manager Jullie look into what types of training are available for commission members and what the cost would be to the City. City Council Minutes -12- February 19, 1985 VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Reuter, Inc. for discussion on allocation of City's refuse Doug Reuter, representing Reuter, Inc., was present to discuss his request that the City consider support of a proposed contract where- by refuse would be directed to Reuter, Inc,'s proposed processing plant in Hopkins. City Manager Jullie noted a letter which he and Mayor Peter- son had directed to the Metropolitan Council indicating a request for additional time to appropriately study and consider the matter. The Recycling Advisory Committee did consider this issue at its meeting on February 13, 1985, and advised that it merited further consideration. Reuter reviewed the process which is being proposed by Reuter, Inc. Peterson said he had many questions but felt the Council could make a statement in support of the process being preferrable to burning. He did not think a carefully worded letter would be a detriment to the City. Anderson said he felt the concept was something which the City has been looking at for a long time, City Attorney Pauly said the letter should not contain a commitment on the part of the City. Redpath said he would support a letter in support of the concept, Don Brauer, consultant, addressed the merits of the nroposal. There was discussion regarding as to how the letter should be worded so to provide the City with an adequate disclaimer. MOTION: Pidcock moved, seconded by Anderson, to direct Staff to draft a letter in support of Reuter, Inc.'s proposal taking into consideration the concerns expressed by the Council and Staff this evening. Motion carried unanimously. B. Request from Development Commission for lofint meeting with the City Council MOTION: Bentley moved, seconded by Redpath; to hold a joint meeting of the Development Commission and City Council at 6 p,m, on Tuesday, April 16, 1985, prior to the regular meeting of the City Council; the meeting will be held in the School Administration Building, 8100 School Road. Motion carried unanimously. IX. REPORTS OF ADVISORY COMMISSIONS There were no reports, City Council Meeting -13- February 19, 1985 X. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Reports of Council Members There were none. B. Report of City Manager City Manager Jullie gave an update on the landfill expansion process. He noted that each Council member had received a copy of the proposed permit issued by the PCA. C. Report of City Attorney 1. Findings in connection with Welcome Home (continued from 2-5-85) City Attorney Pauly requested this matter be continued until a later date. This would allow time for the legislative history to be completed and until a response has been received from the Attorney General to questions posed to him relative to statutes pertaining to this issue. Bentley asked if the Council would consider the possibility of City Attorney Pauly getting input from the other attorneys involved in the issue when posing the questions to be asked of the Attorney General. Pauly said the ultimate responsibility for this would lie with the City Attorney but he would be willing to consider input from the others involved, MOTION: Redpath moved, seconded by Anderson, to continue action on this item to such time as recommended by the City Attorney. Motion carried unanimously. D. Report of Director of Public Works 1. Receive Rowland Road Feasibility Report, IX, 52-067 (Resolution No. 85-61) MOTION: Redpath moved, seconded by Bentley, to receive the Report. Motion carried unanimously, XII. NEW BUSINESS There was none. XIII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 12:13 a.m. Motion carried unanimously. 'eUS UNAPPROVED MINUTES JOINT CITY COUNCIL/SCHOOL BOARD MEETING CITY COUNCIL STAFF: SCHOOL BOARD STAFF: 6:00 p.m., School Administration Building, Room Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath Chairman Dave Anderson, Bob Higgins, Claude Johnson, Phyllis Posner, Curtis Turner, Jack Van Remortel, and Rick Wolf City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael Superintendent of Schools Gerald McCoy and Business Coordinator Merle Gamm TUESDAY, MARCH 5, 1985 COUNCIL MEMBERS: SCHOOL BOARD MEMBERS: The Joint Meeting was called to order by School Board Chairman Dave Anderson who noted the meeting was instigated by Mayor Peterson. Three items for discussion were agreed upon. They were: cooperative agreements, the Comprehensive Municipal Guide Plan, and future facility needs. Council member Anderson related that administrators who viewed the school/park facilities in Eden Prairie in the early 1980's stated they were among the finest in the nation. City Manager Jullie indicated he and Business Coordinator Gamin had discussed the interest on the part of the School District for installing radios in special education school buses which travel downtown each day. As a result, an antenna is need and discussions have been underway so this might be accomplished. The City of Bloomington is involved as the antenna will probably have to be located in that City. The Guide Plan process was updated by City Manager Jullie. The consensus of the School Board and the Council was that further meetings should be held with the next one focusing on future facility needs. It was noted the City has recently appointed an ad hoc committee to study the City's needs and it was hoped that the needs of the School District could be combined with these so a realistic picture can be presented to the residents of the community. There was some discussion regarding a City-wide forum-type meeting which might be scheduled for Fall. Superintendent McCoy noted that October 7, 1985, has been tentatively selected as the date for a school referendum. The meeting was adjourned at 7:25 p.m. ?DC!) UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 5, 1985 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL: all members were present 7:30 P.M., SCHOOL ADMINISTRATION BOARDROOM Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger. Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: X. B. 1. Proposed Changes in the Fitness Program for Employees. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of City Council Meeting held Tuesday, January 8, 1985 Page 6, line 8: change "Purgatory" to "Nine Mile Creek" MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, January 8, 1985, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Resolution authorizing preparation of Feasibility Report Receiving Reports and Setting Public Hearing for April 2, 1985, at 7:30 p.m., for Preserve Boulevard Improvements between Prairie Center Drive and Anderson Lakes Parkway, LC. 52-071 (Resolution No, 85-68) 7(11 City Council Minutes -2- March 5, 1985 C. 2nd Reading_of Ordinance No. 6-85_, changing the name of Birch Island Road between Ednvale Boulevard and County Road P to Indian Chief Road D. Final Plat approval for Scenic Heights West (Resolution No. 85-70) E. Final Plat approval for Ashland Oil Addition (Resolution No. 85-71) F. Advertise for bids for final phase of Staring Lake Bike Trail G. Approval of contract for services for Cummins/Grill Project H. ROBERTS LITHO by_Hoyt Development. 2nd Reading of Ordinance No. 5-85, zoning district change from Rural to 1-2 Park on approximately 4.7 acres; approval of Developer's Agreement for Roberts Litho, and adoption of Resolution No. 85-67, approving Summary of Ordinance No. 5-85 and ordering publication of said Summary. 42,500 square foot office/warehouse building. Location: south of Highway 5, west of Mitchell Road at Technology Drive. (Ordinance No. 5-85 - rezoning from Rural to 1-2 Park and Resolution No. 85-67 - approving Summary and Ordering Publication) I. Vacation Valley View Road Right-of-Way; Edenvale 4th Addition (Resolution No. 85-73) J. Final a proval of Housing Revenue Bonds in the amount of $9 650,000.00 or en Commons (Chasewood) (Resolution No. 85-74) K. "No Smoking" Policy at Community Center MOTION: Bentley moved, seconded by Redpath, to adopt items A - K on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. RESEARCH FARM ADDITION by Northrup King, Request for Comprehensive Guide PTan Amendment from Sports Center, Low Density Residential and High Density Residential to Regional Commercial, Office, Industrial, and Multiple Resi- dential, for 189+/- acres. Location: west of Highway 169 at Anderson Lakes Parkway. (Resolution No. 85-53 - approving Comprehensive Guide Plan Amendment) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jullie also noted the Planning Commission has recommended approval based on Alternativo #3 of the Planning Staff Report dated January 22, 1985, and subject to addition -A amendments and additions as detailed on page 7 of the February 11, 1985, Plan- ning Commission Minutes. Edward Roessler, Northrup King, reviewed the background of the project. He also read a letter from Northrup King to Mayor Wolfgang Penzel dated July 18, 1984, regarding the construction of Anderson Lakes Parkway. He also noted a letter dated December 7, 1984, to the Mayor and City Council regarding the impact of the construction of Anderson Lakes Parkway on the sale of this property, i06 City Council Minutes -3- March 5, 1985 Dick Putnam, Tandem Corporation, addressed the request. Also present were Dick Putnam, Tandem Corporation, and Mitch Wonson, Benshoof and Associates. Wonson addressed the traffic concerns. Director of Planning Enqer stated this request had been reviewed by the Planning Commission at several meetings; he reviewed the proposals which had been considered by the Planning Commission. Enger noted that an in- dustrial proposal had been recommended for denial by the Commission and the request was subsequently withdrawn (action taken at the November 13, 1984, meeting of the Planning Commission.) The Commission meeting held February 11, 1985, was a combination of information gathering and exploration of what might be best for the site. At that meeting, the Commission indi- cated it felt strongly that the plan shown by the proponent was not good for the City, The Planning Commission recommended office use along TH 169 with a combination of medium and low density housing along Purgatory Creek. Enger explained that the Commission did not wish to deny the proponents' plan but rather wanted to make a recommendation as to what it wanted on this site, Enger called attention to a memo dated March 5, 1985, from Planning Staff to the City Council. Enger stated the Planning Commission had voted to recommend approval of a Comprehensive Guide Plan change at its meeting on February 11, 1985, as per alternative #3 as amended. He said the Commission would like to have a design framework manual for this area to further control office and commercial development. Enger stated the Planning Commission does want to see office zoning in this area and not office/service, office/warehouse, etc. The Commission would also like to see the City maintain a great deal of control regarding the development in this area. Director of Community Services Lambert indicated the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on December 17, 1984, at which time two points were raised: 1) the sports complex designation on the Guide Plan in the area north of the Vocational Technical Institute should be removed; and 2) the City should request dedi- cation of the west side of Purgatory Creek with the east side being pro- tected via a scenic easement. Lambert noted the proponent had agreed to that. Lambert stated the March 4, 1985, meeting of the Commission had been cancelled due to the snow storm; the Commission had intended to look at this plan in more detail at that time. Redpath said he had always looked upon this property as being divided into thirds by usage; he said he felt alternate #3 accomplished that. Anderson said he felt this was a very visible piece of property. He noted that this was very visible from the Staring Lake Park Shelter; what the residents of Eden Prairie have to look at becomes very important. Ander- son asked if it would be possible for the City to acquire both sides of the Creek; he said he felt it would be in the best interests of the City to do so. Lambert said there is a need for cash park fees to build parks in this area and rather than the fees, the City might have to accept the property instead via a density transfer or as a gift. Lambert also said he would not encourage use of the sides of the Creek because of the steep- ness of the slope. He said the recommended dedication and scenic easement appeared to be the best alternative. 7,09 City Council Minutes -4- March 5, 1985 Peterson asked Putnam if a compromise could have been reached with the Planning Commission. Putnam said that Northrup King will do what the City Council determines is best. Putnam indicated they did not agree with the alternatives presented by the Commission; they felt the City Council would come up with something they would find acceptable. Bentley asked what the basis was for not approving high density residential on the northern-most portion of the site, Enger indicated the Planning Commission felt it wanted to see more of a spread in the density, Bentley said he would like to see the northeastern portion of the site locked-in to pure office. He said he felt the commercial site as indicated would be compatible with that planned for the area across TH 169. Bentley said the area south of Anderson Lakes Parkway has areas in which the densities are scaled down; he said he did not know if low density would be appropriate in that area. Bentley expressed concern regarding the industrial use and how it is transitioned; he felt there should be a transition zone further to the west. Dave Bowers, 15800 Valley View Road, said there seems to be a lot of land already set aside in Eden Prairie for offices which have not been built. He said there is a need for hotels and restuarants which would support the residential community which is already here and which would be used by those passing through the City. Bentley noted there is land designated regional commercial in the Major Center Area which will eventually be developed as restaurants and hotels. There was discussion as to the alternatives before the Council and what the ramifications of each would be. Anderson said he was open to suggestions however he did not wish to see a mixture of uses on this site, Bentley said he felt the property should be dealt with in one piece as far as the change in the Guide Plan was concerned, Bentley said he would like to see this request continued. Redpath said he would rather not see an industrial area included; he called attention to the fact this is a concept. Pidcock asked how many residential units were included. Putnam said there would be between 750 and 900 units which was quite close to the plan proposed by the Planning Commission. Enger reviewed the relationship between the need for housing and the number of jobs created by types of uses based on industrial, commercial, etc. and the impact this has on a community. Bentley said he did not feel Eden Prairie could be looked at as an island unto itself," Enger said, according to a recent study undertaken by the Planning Staff, the total population for Eden Prairie will be 70,000 and this will be reached by 2025. Bentley said he did not feel what the Planning Commission had requested and what the proponent is requesting are very different; a compromise should be able to be realized, City Council Minutes -5- March 5, 1985 MOTION: Redpath moved, seconded by Anderson, to continue action on this item to the March 19, 1985, Meeting of the City Council. Motion carried unanimously. B. FEASIBILITY REPORT, VALLEY VIEW ROAD IMPROVEMENTS BETWEEN MITCHELL ROAD AND CSAH 4, 177 51-272 (Resolution No, 85-72) City Manager Jullie stated notice of this Public Hearing had been published and property owners listed on the preliminary assessment roll had been notified, Director of Public Works Dietz addressed the report, Redpath asked if the City had explored with the railroad company some way to get the railroad to go alona with the construction of the bypass. Dietz said the railroad company will not contribute to the bridge with- out legal action on the part of the City; it claims this is a City problem. Redpath noted that over the years the residents of the Kings Forest area have expressed their displeasure with Valley View Road and he wondered if they might be included in the assessment area. Dietz said this had been looked into: the direct benefit would be hard to prove for these residents. Redpath asked as to how this project will be coordinated with the plans for TH 5 and the Crosstown since both of those project will be underway soon. Dietz said a shoe-fly would be built to act as a bypass for the train traffic which now uses graffiti bridge. Peterson asked what provisions will be made for pedestrian traffic. Dietz said there will be an 8' hikeway/bikeway on one side of the road and a 5' concrete sidewalk on the other side. Pidcock said she would like to see the assessment area enlarged; she felt it would be of benefit to the whole area. Anderson raised the same point. City Attorney Pauly stated that the City can only assess those benefitted -- the special benefit goes to the property. The test of the assessment is based on the market value before and after the improvement. Pauly said, from a practical point of view, the area-wide approach is not valid, Redpath said there is no question but that the road must be fixed. He said he thought the issues with the railroad company should be explored further. Samuel H. Hertogs, attorney representing Edenvale Golf Club, said they would like to have an underpass so that golfers/carts can have safe access to the clubhouse from the back-nine holes of the golf course. He also indicated the Golf Club would like to be hooked up to City's sanitary sewer system. Hertogs noted the problem facing the owners with the water in the Creek. He said they would eventually like to have a restaurant in the existing clubhouse; this would necessitate staying open year round. City Council Minutes -6- March 5, 1985 Dietz said the cost of a double underpass would be about $120,000. He said Staff and the Public Safety Department have concerns regarding vandalism and crime in underpasses. This could be mitigated be installing gates at each end of the underpass. Dietz said the sanitary sewer ques- tion will be looked into as to availability. He noted that the flooding of the golf course was planned as temporary holding ponds. David Seig, 7353 Franklin Circle, expressed concern about the 5 side- walk shown on the north side of Valley View Road. If this were to be built, it would remove a row of lilacs which are on his property and provide screening from Valley View Road. He asked how many Valley View Road residents had requested this improvement.Seig said the bikers do not use the present asphalt path which is on the south side of Valley View Road. He said he does not want to see these improvements voted in. David Bowers, 15800 Valley View Road, said thy assessments are less than he thought they would be. He said he did not foP1 that Valley View Road should be improved before the improvements are made to TH 5 because this will turn Valley View Road into a major thoroughfare while TH 5 is under improvement. He said he felt the City's timing was wrong in this case. Bentley said that issued had been discussed at length by the Council at various times. Bentley said the State keeps delaying the time schedule for the TH 5 improvements; since the City has no jurisdiction over the time schedule for State projects, it must take care of its own system which is what this will do. Dietz said the State has been changing the time lines on TH 5; this year the State will let bids for redoing the surface -- there is something scheduled for TH 5 from now until 1990. Fred Hoisington, representing the Chamber of Commerce Transportation Committee, said that in 1984 the Chamber of Commerce's Board asked the Transportation Committee to look at the City's roadway system and its impact on businesses and residences. The Committee ended up with two major recom- mendations: 1) Valley View Road should be upgraded prior to work beginning on TH 5; this will be needed by the residents of the community and 2) Home- ward Hills Road should be constructed prior to work being done on TH 169. Hoisington said the Transportation Committee was in support of Staff's position and recommended that the improvements to Valley View Road be undertaken as proposed. Steve Cherne, 6930 Raven Court, asked who owns graffiti bridge. Dietz said it was built in 1900. While it has not been determined who technically owns the bridge, Dietz said he felt the City could claim ownership. Cherne asked if the Valley View improvements would be phased, Dietz said it is recommended that they be done at one time. Cherne expressed concern about emergency vehicles having access to the area during the time Valley View Road would have to be closed. Dietz explained there will be an access road connecting Edenvale Boulevard to the western portion of Valley View Road; the portion of Valley View Road which would be closed entirely would be that east of Edenvale Boulevard to roughly Fairway Drive and would not affect any residential driveways. City Council Minutes -7- March 5. 1985 Ken Sien, 7400 Ontario Bouevard, said once Valley View Road improvements are made and TH 5 is closed for repairs, metro traffic control will indicate Valley View Road as a good alternative. Kay Schumacher, Eden Land Sales, said the closing of Valley View Road will be something of a hardship for them as they are developing land on either side of the bridge. Allan Weyhrauch, 16002 Valley View Road, said he did not feel the widen- ing of Valley View Road would do anything for the value of his home. He wondered if the Postal Service would consider moving the mailboxes to the other side of Valley View Road because he did not want to have to cross a busy street to get his mail. Dave Thompson, 16101 Valley View Road, asked if the grade of Valley View Road would be changed, Dietz said the grade would be flattened from 8% to 7%. Thompson asked why a standard residential street width was not proposed. Dietz said the City has developed a transportation network and Valley View Road has been designated a collector street which necessitates a wider roadway. Thompson asked why the residents should have to pay for something which was only going to be detrimental. Dietz explained how the street system is laid out and pointed out that the City can rely on the State to provide us with local collector streets. Thompson said he would like to know where the City right-of-way is so that shrubbery in his yard might be replanted prior to the beginning of construction. Deb Wargin, 7400 Bittersweet, had a question regarding the width of the sidewalk and the roadway in relation to her property, Janet Sieg, 7353 Franklin Circle, asked if it was necessary to have a sidewalk on the north side of the street. Peterson said the sidewalk would not generate pedestrians but would accommodate them. Bentley asked why the sidewalk is being proposed. Dietz noted there have been some serious pedestrian accidents in this area, Bentley asked what would happen to the overall plan if a sidewalk were not put in. Anderson said he felt safe access should be provided from this area to Round Lake Park as well as the other community facilities west of County Road 4. He said he felt the Council should be responsible for providing what is best for the citizens of Eden Prairie. Bowers asked if there would be a boulevard between the sidewalk and the curb. Dietz said there would be wherever possible as this provides room for snow storage; he also noted that a 6' area is too small to support boulevard trees. Bernard Neumann, 15917 Valley View Road, asked what would happen to the bike paths which are now along Valley View Road. Dietz said they would be removed and replaced as a part of this project. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No, 85-72, ordering the improvements and prepara- tion of plans and specifications for I.C. 51-272, Valley View Road improve- ments between Mitchell Road and CSAH 4. Motion carried unanimously. ?13 City Council Minutes -8- March 5, 1985 V. PAYMENT OF CLAIMS NOS. 18834 - 19080 MOTION: Anderson moved, seconded by Redpath, to approve the Payment of Claims Nos. 18834 - 19080. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES AND RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS There were none. VIII. REPORTS OF ADVISORY COMMISSIONS There were none. IX. APPOINTMENTS A. Appointment of two additional members to the City Needs Study Committee The names of Skip Lane and Rich Anderson were placed in nomination. MOTION: Anderson moved, seconded by Bentley, to close the nominations and to appoint Skip Lane and Rich Anderson to the City Needs Study Committee. Motion carried with Pidcock abstaining. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - noted he had received calls after the last snowstorm from residents expressing concern about the fact that the snowplows went through neighborhoods twice which meant residents had to shovel their driveways twice. He suggested the width of the snowplows be looked into so that a wider swath could be plowed the first time. Peterson - reviewed the status of the landfill permit process. He noted the permit is now before the Pollution Control Agency and it appears as though it will be granted. Peterson said Representative Sidney Pauly and Senator Don Storm are introducing legislation which will require any expansion of the Flying Cloud Landfill to go through the certificate of need process. Peterson noted that Metropolitan Council Representative John Harrington had said the Metropolitan Council is not prepared to handle the process (certificate of need.) Peterson also said that he had met with Stan Johannes, a resident of the area adjacent to the landfill, who expressed a desire to have the concerns of the neighbors addressed. City Manager Jullie indicated a study of the leachate protection system will be required and that a liner will be installed. Anderson said he would like the City to conduct a check of what is being dumped at the landfill. Bentley said BFI has said it closely monitors what is dumped because they are ultimately liable. There was discussion as to what the City's role should be in monitoring what is disposed of at the landfill, The consensus was that the City Attorney would check into what is the City's responsibility. -15/(1 City Council Minutes -9- March 5. 1985 B. Report of City Manager 1. Proposed Changes in the Fitness Program for Employees City Manager Jullie said legitimate questions had been raised duri n g the sign up period regarding the method of monitoring and/or admin i s - trating the previously discussed employee fitness program. Jullie stated Staff would like to restructure the program to eliminate th e one-half hour of release time twice per week for employees using t h e facilities at the Community Center. Instead, Staff would consider and would poll employees about using the Community Center during non-work periods twice a week. This would allow more flexibility for employees and would not create an administrative problem. Recreation Superintendent Pappas was present to answer questions. The consensus was that this be explored and brought back to the Council when Staff has something in final form. MOTION: Pidcock moved, seconded by Redpath, to direct Staff to study the situation further and to report back to the City Council at an appropriate time. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Petition to Watershed District for Chain of Lakes Project MOTION: Redpath moved, seconded by Anderson, to approve the petition to the Watershed District for the Chain of Lakes Project, and authorize Staff to submit this petition to the Riley-Purgatory-Bluff Creek Water - shed District for a cost not to exceed $22,500. Motion carried unani- mously. XI. NEW BUSINESS MOTION: Pidcock moved, seconded by Anderson, to direct Staff to i n v e s t i g a t e the method used by other cities in making appointments. Redpath said he felt it was the City Council's responsibility to m a k e a p p o i n t - ments; it was not up to the Staff to tell the Council how it shou l d b e d o n e . Peterson said he would be willing to work on this; he indicated h e w o u l d v o t e "no" on the motion. The motion was withdrawn by the mover with the consent of the sec o n d e r . XII. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeti n g a t 1 2 : 1 7 a . m . Motion carried unanimously. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 16, 1985 CONTRACTOR (MULTI-FAMILY & COMM.) Carlson-LaVine, Inc. Custom Systems, Inc. L. L. Dysart Construction KJM Construction Corporation Keho Construction Company Klosner-Goertz Construction, Inc. Laukka Associates J. L. Quaale & Associates CONTRACTOR (I & 2 FAMILY) B & B Construction Brairwood Builders of Twin Cities Burgess Construction Co. Felsenberg Construction Co. Keyl and Homes Laurent Builders, Inc. Meier Company New American Homes Corporation Render Development, Inc. Ken Roelofs Construction, Inc. Jon Rohs Construction William T. Stewart Builders, Inc. Trumpy Homes, Inc. HEATING & VENTILATING Acme Sheet Metal Dean's Heating & Air Conditioning GAS FITTER Backdahl & Olson Plumbing & Heating Dean's Heating & Air Conditioning PLUMBING Backdahl & Olson Plumbing & Heating Doody, Inc. Groth Water & Sewer Nova Frost, Inc. Plymouth Plumbing Rum River Plumbing & Heating Thoen Plumbing Don Weld Plumbing WELL DRILLING Donald A. Rogers TYPE B FOOD Price Mart CIGARETTES Price Mart DRIVE-IN-THEATRE Flying Cloud Drive-In-Theatre These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie, Licensing Red Rock Heights CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-85 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 R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby 'adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 16, 1985, entered into between Jervell Halmrast and William Gilk, individuals, and the City of Eden Prairie, which agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of March, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 1985. ATTEST: TOFF D.WiTie, City Clerk Gary D. Peterson, Mayor 'UBLISHED in the Eden Prairie News on the day of Exhibit A LEGAL DESCRIPTION FOR REZONING RED ROCK HEIGHTS That part of the following described property, That part of the North 1301.82 feet of Government Lot 1, Section 16, Township 116, Range 22, lying South of scenic Heights Road, EXCEPT the East 300.63 of the South 250 feet of the North 1301.82 feet, as measured along the North and East lines thereof. which lies northerly, northeasterly and easterly of the following described lines Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South p degrees 00 minutes 10 seconds East, along the West line of said Goverment Lot 1, a distance of 186.00 feet to the point of beginning of the line to be described; thence South 77 degrees 07 minutes 17 seconds East a distance of 218.62 feet; thence South 27 degrees! 26 minutes 10 seconds East a distance of 264.78 feet; thence South 3 degrees 58 minutes . 50 seconds West a distance of 388.94 feet; thence South 35 degrees 29 minutes 52 seconds East a distance of 167.05 feet; ,thence South 73 degrees 05 minutes 31 seconds East a distance of 137.00 feet/ thence South 17 degrees 49 minutes 24 seconds East a distance of 189.24 feet; thence North . 50 degrees 59 minutes 17 seconds East a distance of 203.34 feet; thence North 81 degrees 38 minutes 38 seconds East a distance of 182.87 feet; thence North 88 degrees 55 minutes 46 second. East asUstance of 95.00 feet to the West line of the East 300.63 feet thereof and there terminating. • LEGAL DESCRIPTIONi FOR PLATTING Of RED ROCK HEIGHTS That part of the North 1,301,82 feet of Government Lot 1 1 Section 16, Township 116, Range 22, lying South of Scenic Heights Road, EXCEPT the East 300.63 feet of the South 250 feet of the North 1,301.82 feet, as measured along the North and East lines thereof. Red Rock Heights DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this day of 1985, by Jerry Halmrast and Carole Halmrast, husband and wife, and William Silk and Dorothy Silk, husband and wife, hereinafter referred to as "Developers," and the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developers have applied to City for preliminary plat approval of 33.9 acres and zoning district change from Rural to R1-13.5 for 22.6 acres for 50 single family lots and two outlots, located south of Scenic Heights Road at School Road, situated in Hennepin County, State of Minnesota, and legally described in Exhibit A attached hereto and made a part hereof, said entire 33.9 acres hereinafter referred to as the "property;" and, NOW, THEREFORE, in consideration of the City adopting Ordinance No. 7-85 and Resolution No. 85-69, Developers covenant and agree to construction upon, development and maintenance of the property as follows: 1. Developers shall develop the property in conformance with the materials revised and dated March 19, 1985, reviewed and approved by the Eden Prairie City Council on March 19, 1985, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developers shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developers covenant and agree to the performance and observance by Developers at such times and in such manner as provided therein of all terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developers and City agree that Developers shall pay to the City a sum of $30,000.00 towards the operation and maintenance costs of the sanitary sewer and lift station system for the property, said operation and maintenance costs to be as determined by the City. As credit against that the $30,000, City agrees that the costs the costs shall be reduced for oversizing costs for the watermain from a six-inch (6") main to a sixteen-inch (16") main through the property, oversizing costs for the storm sewer system to allow for service to the Middle School Pond and the pond in Outlot C, and for the extra costs to construct the lift station to serve the property lying immediately south of Outlot B. 4. Prior to City Council review of the final plat for the property, Developers shall submit to the City Engineer, and receive the City Engineer's approval of revised plans showing the following: A. Revision of the water service to include watermain looping from Street "B" to Street "D" as depicted on Exhibit B. B. Revision of the storm water drainage plan to extend the storm sewer pipe in Street "B" north to Scenic Heights Road as depicted on Exhibit B. C. Revision of the storm water drainage plan to provide a storm sewer pipe under Scenic Heights Road to the existing pond to the north. D. Detailed drainage and erosion control plans, sanitary sewer, storm sewer, water, and street plans. Upon approval by the City Engineer, Developers agree to construct, or cause to be constructed, those improvements listed above, as approved by the City Engineer, in accordance with the terms and conditions of Exhibit C, attached hereto. 5. As part of the submission of the final plat to the City, Developers agree to convey to the City the following, in accordance with the terms and conditions of Exhibit C: A. Outlets A, B, and C, as depicted on Exhibit B. B. Storm water drainage easement around Outlot C, as depicted on Exhibit B, up to the High Water Mark of 850.2. C. A 20 ft. wide easement over the storm sewer connection between Outlot C and Street B, as depicted in Exhibit B. 6. Prior to issuance of any grading permit on the property, Developers agree to submit to the Director of Planning, and receive the Director's approval of plans indicating the construction limits for grading, proposed location of snow fencing for preservation of existing vegetation along the west and south boundaries of the subdivision, and also the area around the holding pond (Outlot C). Upon approval by the Director of Planning, Developers agree to install, or cause to be installed, erosion control and preservation devices listed above, as approved by the Director of Planning. 7. Developers agree to notify the City and Watershed District at least 48 hours prior to grading, or tree r =emoval on the site. 8. Developers agree that, concurrent with street construction, Developers shall construct a five-foot wide concrete sidewalk along the north and east sides of Street "A" and extend the eight-foot wide bituminous path to the west access of Scenic Heights Road, as depicted in Exhibit B attached hereto. Red Rock Heights CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-87 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 7-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 7-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE 'CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 7-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. 8. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for Inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 7-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on April 16, 1985. Gary D. Peterson, Mayor ATTEST: J6hn D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-85 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 south of Scenic Heights Drive, south of School Road, known as Red Rock Heights, from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane Is/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1984. (A full copy of the text of this Ordinance is available from the City Clerk.) 2,3 Cardarelle III CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-85 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 Office District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of April, 1985, and finally read and adapted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 1985. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 7at-i Exhibit A Legal Description Tract D, Registered Land Survey No. 687, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-91 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF CARDARELLE III OFFICE BUILDING FOR AN 8,300 SQ. FT. OFFICE BUILDING ON 1.05 ACRES BE IT RESOLVED that the proposal of Frank Cardarelle for an office building on 1.05 acres, located in the northwest quadrant of Regional Center Drive and Eden Road, is herein approved subject to the following specific conditions: 1. The architectural plans dated March 5, 1985, supplemented by revised site and landscaping plans dated March 28, 1985, and attached hereto shall apply. 2. Prior to final plat, developer/owner shall: A. Provide for an easement for a five-foot wide concrete sidewalk along Eden Road. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District and the City Engineer. 3. . Prior to issuance of a building permit, developer/owner shall: A. Provide color samples of the brick and metal panel materials for review. B. Submit signage and lighting details for review. C. Pay the required Cash Park Fee. 4. Concurrent with building construction, proponent shall connect to City sewer and water services. ADOPTED by the City Council on April 16, 1985. Gary D. Peterson, Mayor ATTEST: UTT-16. Franc, City Clerk 'Oh Cardarelle III CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-93 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 9-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 9-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 9-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That .a printed copy of the Ordinance shall be made available for Inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 9-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on April 16, 1985. G-ary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-85 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 Eden Road and Regional Center Drive, known as Cardarelle III Office Building, from the Rural District to the Office District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1984. (A full copy of the text of this Ordinance is available from the City Clerk.) `0:7 CHANGE ORDER #1 I.C. 51-374 HOMEWARD HILLS PARK ' TO: Forest Lake Contracting, Inc. The City agrees to make the following revisions for work performed by this Contract: • ADDITIONS 1. Work performed to realign surcharge area as per letter dated August 17, 1984: August 20, 1984 0-3 Dozer - 6 1/2 hrs. @ $55.00/hr. = 613 Scraper - 2 hrs. @ $65.00/hr. Low-boy - 2 1/2 hrs. @ $67.00/hr. = $357.50 $130.00 $167.50 1M-75 City to pay 50% $327.50 August 31, 1984 D-3 Dozer - 7 1/2 hrs. @ $55.00/hr. = $412.50 Low-boy - 2 1/2 hrs. @ $67.00/hr. = $167.50 $580.00 City to pay 501 $290.00 Culvert material 110 feet of CMP (as per invoice) $693.62 2. Work performed to regrade soccer field due to grade revisions: August 14, 1984 Foreman & pickup - 7 hrs. @ $35.00/hr. = $245.00 114 Blade - 7 hrs. @ $55.00/hr. = $385.00 Roller - 7 hrs. @ $50.00/hr. = $350.00 613 Scraper - 7 hrs. @ $65.00/hr. . $455.00 Total = $1,435.00 August 15, 1984 TOreman & pickup - 4 hrs. @ $35.00/hr. = $140.00 Scraper (N6204) - 4 hrs. @ $65.00/hr. = $260.00 114 Blade - 4 hrs. @ $55.00/hr. = $220.00 Scraper (#6203) - 4 hrs. @ $65.00/hr. = $260.00 Total = $880.00 By: DATE Page 2, Change Order il, I.C. 51-374, Homeward Hills Park 3. Lost time due to restaking hubs: August 13, 1984 Foreman & pickup - 1 hr. @ $35.00/hr. = $35.00 2 Laborers - 2 hrs. @ $26.00/hr. = $52.00 225 Cat - 1 hr. @ $85.00/hr. = $85.00 Total = $172.00 TOTAL ADDITIONS TO CONTRACT - CHANGE ORDER il = $3,798.12 Approved: CITY OF EDEN PRAIRIE FOREST LAKE CONTRACTING, INC. CITY OF EDEN PRAIRIE Engineering Report on Final Plat TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician April 10, 1985 EDEN COMMONS 0.40 The developer, Chasewood Company, has requested City Council approval of the final plat of Eden Commons located north of Frani° Road and west of Preserve Boulevard in the South 1/2 of Section 14. The site contains approximately 12.5 acres and will be platted into 1 lot which is to contain 196 multiple family residential units. HISTORY: The Preliminary Plat was approved by the City Council on October 16, 1984, per Resolution 84-274. Ordinance 118-84, zoning the property to RN 2.5, was finally read and approved by the City Council on November 6, 1984. The Developer's Agreement was executed on November 6, 1984. VARIANCES: All variances not covered through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities necessary to serve the site have been installed. All on-site utilities and streets will be privately owned and maintained. Documentation covering maintenance responsibilities must be submitted to the Engineering Department prior to release of the final plat. An assessment agreement covering future improvements to Preserve Boulevard must be executed prior to release of the plat. The privately owned and maintained streets within the site are to be named and units addressed from these names. The developer must coordinate all street names and addresses with the Engineering and Building Departments prior to release of the plat. The private streets will be identified at their intersection with the public roadways with street name signs provided by the Public Works Department. Page 2, Final Plat - Eden Commons, 4/10/85 PARK DEDICATION: Park dedication will conform to City Code requirements. BONDING: Bonding will conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Eden Commons subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $630.00. 2. Receipt of street lighting fee in the amount of $1,404.00. 3. Receipt of engineering fee in the amount of $7,840.00. 4. Receipt of documentation covering private utility and street maintenance. 5. Satisfaction of street name and address requirements. 6. Execution of assessment agreement. 7. City approval of utility and street construction plans. DLO:sg cc: Mr. Joe Crook Mr. Roy Hansen "N'). CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-95 A RESOLUTION APPROVING FINAL PLAT EDEN COMMONS 'WHEREAS, the plat of Eden Commons has been submitted ' a manner required for platting land under the Eden Prairie Ordinance Code or: .nder Ckpter 462 of the Minnesota Statutes and all proceedings have been c."1 had thy ,eunder, and WHEREAS, said plat is in all respects consistent wit , the City plan and the regulations and requirements of the laws of thf:tate of V :nnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL I= THE C:TY OF EDEN PRAIRIE: A. Plat approval request for Eden Co -7.-:-,s is a:.2roved upon compliance with the recommendation the City Engineer's report on this plat dated April 10, IKE. B. That the City Clerk is hereby direct:: to suppl / a certified copy of this Resolution to the owners .-: subdivi:ion of the above named plat. C. That the Mayor and City Manager cs: hereby :Jthorized to execute the certificate of apprisq: -A behalf of the City Council upon compliance with the fors; -g provis ADOPTED by the City Council on April 16, 198E. Gary D. Peters:, Mayor ATTEST SEAL John D. Frane, Clerk 'VA MEMORANDUM TO: FROM: 'DATE: SUBJECT: Mayor and City Council Stuart A. Fox, City Forester Arpril 11, 1985 ProposaA Change in the City Code 9.62, Shade Tree Disease C o n t r o l Since 1975, the City of Eden Prairie has conducted a d i s e a s e d t r e e c o n t r o l program, and during that time there have been two d i f f e r e n t o r d i n a n c e s governing the program. At the present time, the staff w o u l d l i k e t o p r o p o s e a change in the current ordinance (City Code 9.62) i n o r d e r t o b r i n g t h e management and enforcement of the program in line with S t a t e r e g u l a t i o n s a n d make it less cumbersome than it presently is. The basic problem with the current ordinance is that u n d e r S u b d i v i s i o n 6 , Section C, the Forester must make a determination of wh e t h e r o r n o t t h e d a n g e r of infestation of another elm or oak tree is imminent or n o t . B a s e d o n t h i s determination a prescribed set of guidelines is desc r i b e d . H o w e v e r , t h e r e have been some questions raised by the staff and City A t t o r n e y o n w h e t h e r o r not these guidelines can be followed as written; this is due t o t h e c o m p l e x i t y of steps which must be followed to "legally" have a diseased t r e e r e m o v e d f r o m a parcel of private property should the owner fail to ful f i l l t h e i r o b l i g a t i o n to remove the tree. Currently, it takes 3-4 months from i m p l e m e n t a t i o n t o completion of the process. This places neighbors, wh o h a v e c o m p l i e d , i n a position of questioning why they bothered to take their t r e e d o w n w h e n s o m e o n e uses the technical difficulties of the ordinance to buy t i m e . Because of the complex method of enforcement, it w a s e a s y , a n d a l m o s t attractive, for property owners familiar with the s y s t e m t o i g n o r e t h e responsibility to remove the diseased trees until absolu t e l y n e c e s s a r y . T h o s e who delayed removal of their trees either by neglect or pr o c r a s t i n a t i o n w o u l d finally remove them just as the matter was brought to t h e a t t e n t i o n o f t h e City Council. Currently, the prescribed time frame for r e m o v a l o f a d i s e a s e d elm tree is within 20 days after marking. The State use d t o h a v e t h e s a m e requirement; however, in 1979-80 the Minnesota Depart m e n t o f A g r i c u l t u r e , Shade Tree Program, with the assistance of the Universi t y o f M i n n e s o t a P l a n t Pathology Department, changed the State Statute (SS) g o v e r n i n g s h a d e t r e e disease control. The staff would like to incorporate s o m e o f t h e g u i d e l i n e s of the SS 18.023 into our City ordinance. This would give s o m e f l e x i b i l i t y Into the ordinance because removal time would be based o n t h e p h y s i o l o g y o f tree disease rather than a rigid 20 day removal time fr a m e . T h e c h a n g e w o u l d result in diseased trees being classified by their co n d i t i o n ( p e r c e n t a g e o f wilt) and the calendar date at the time of inspecti o n . B a s e d o n a s e t o f criteria the trees would be classified as "high risk" o r " l o w r i s k " . T r e e s i n the high risk category would need to be removed within 2 0 d a y s a f t e r m a r k i n g . Low risk trees would not require a specific amount of d a y s b u t t r e e s w o u l d have to be removed no later than November 1 of the y e a r i n w h i c h i t w a s marked. Other changes include defining the City's Tree Dise a s e C o n t r o l Z o n e , t h e means/method of notifying a property owner regarding a d i s e a s e d t r e e a n d t h e steps related to the removal of that tree by the City i f i t b e c o m e s n e c e s s a r y to do so. •(3q RECOMMENDATIONS The staff recommends that the City Council adopt Ordinance N o . 1 1 - 8 5 ( a n ordinance amending City Code 9.62 Shade Tree Disease Control) i n a n e f f o r t t o streamline the complexity that surrounds enforcement of th e C i t y ' s t r e e program. SAF:md Y9c ORDINANCE NO. II-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE, SECTION 9.62, SUBD. 4, TO INCLUDE NOTICE OF TREE INSPECTIONS SUBDS. 6, 7, AND 8, TO REVISE TREE REMOVAL PROCEDURES: AND ADOPTIr. BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 9.62, Subd. 4, Subd. 6, Subd. 7, and Subd. 8, shall be and are amended to read as follows: Subd. 4. Notice of Inspection, Inspection, Investi- gation and Testing. Each year, prior to any inspection of diseased trees on private property, published notice shall be given to residents that tree inspections will take place on pri- vate property within the City on an intermittent basis throughout the season. The Forester shall cause all premises and places within the City, except those situated South of County Road 1 or South of State Highway 5 and West of County Road 4, to be inspectc as often as practicable to determine whether any condition descril in Subdivision 2 of this Section exists thereon, and to have inveL tigated and tested all reported incidents of such public nuisance:;. Subd. 6. Procedure for Removal of Infected Trees and Wood. Whenever the Forester finds that any of the infesta- tions defined in Subdivision 2 exist in any tree or wood in any public or private place, he shall proceed as follows: A. Dutch Elm Disease. When a tree is infected with Dutch Elm disease, the Forester shall determine whether the infected elm tree is a high-risk tree or a low-risk tree. High-r! elm trees shall be those trees that are dead, barren, or have extensive wilt (thirty (30%) percent or more). Low-risk trees shall be those trees showing less than thirty (30%) percent infection. 1. High-Risk Elm Trees. High-risk elm trees shall be identified and marked in a distinctive manner to indicate their high-risk status. High-risk elm trees located on public property shall be removed within twenty (20) days of identification. High-risk trees located on private property shall be removed within twenty (20) days of notification of the property owners pursuant to Subdivision 6.D. 2. Low-Risk Elm Trees. Low-risk elm trees located on public property shall be identified, marked, and removed within twenty (20) days of identification, if reasonably possible, but no later than February 28. Low-risk elm trees located on private property shall be identified, marked, and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 6.D. of this Section. B. Oak Wilt. Those trees in the red oak group infected with oak wilt disease shall be identified, marked, and/or girded and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision G.D. The trees in this group are the northern red oak (Quercus rubra); northern pin oak (Onerous ellipsoidalis); black oak (Quercus veluntina); and scarlet oak (Quercus coccinea). C. Removal by City. All dead or diseased trees, including any above ground parts thereof on private property, which Wi are not removed within the time limits provided for herein, shall be removed or caused to be removed by the City. All costs of . such removal shall be paid by the owner of the property. within thirty (30• days of the date of submission of a bill, and if not paid within such time, the costs of removal shall be assessed against the property pursuant to and in accordance with Minnesota Statutes §429.101 or any similar provision hereafter enacted. D. Notice. Once a diseased tree has been identi- fied and marked on private property, notice shall be given to the affected property owner describing the property affected; setting forth the date by which the tree must be removed; and stating that if removal has not taken place by the removal date, the City will remove or cause removal of the diseased tree, and that all costs thereof will be billed to the property owner, payable within thirty (30) days, and that if payment is not received, the costs will be assessed against the property pursuant to and in accordance with Minnesota Statutes S429.101 or any similar provision hereafter enacted. E. Service of Notice. The notice required in Subparagraph D above shall be given by one of the following methods: 1. By mail to the last known address of the owner of the property as determined by the tax records of the County of Hennepin; or, .3(1 2. By personal delivery of the notice t o t h e affected property owner as determined by the tax records of t h e County of Hennepin, or by leaving the n o t i c e w i t h a p e r s o n o f suitable age and discretion upon the p r e m i s e s ; o r , 3. By publishing in the official paper o n c e a week, for two successive weeks, t h e l a s t p u b l i c a t i o n o c c u r r i n g not more than fourteen (14) days, a n d n o t l e s s t h a n s e v e n ( 7 ) 'days, before the removal date; or, 4. By service of a copy in the manner provided for service of a Summons for District C o u r t s i n t h e S t a t e o f M i n n e s o t a . Subd. 7. Assessments. In all cases i n w h i c h t r e e s a r e removed or caused to be removed from p r i v a t e p r o p e r t y b y t h e C i t y , the costs thereof, if not paid by th e o w n e r a s p r o v i d e d h e r e i n , sh'all be assessed against the prope r t y f r o m w h i c h s u c h t r e e s h a v e been removed pursuant to and in acc o r d a n c e w i t h M i n n e s o t a S t a t u t e s S429.101 or any similar provision h e r e a f t e r e n a c t e d . S u c h assessments shall be paid, with int e r e s t , i n i n s t a l l m e n t s , n o t to exceed five years from the date o f t h e a s s e s s m e n t . Subd. 8. Spraying and Pruning Tree s . W h e n e v e r i t i s determined that any tree or woo'd wit h i n t h e C i t y i s i n f e s t e d b y any disease or insects as described i n S u b d i v i s i o n 2 , t h e F o r e s t e r may order the owners (as determined b y t h e t a x r e c o r d s o f t h e C o u n t of Hennepin) of all nearby high val u e t r e e s t o p r u n e a n d t o s p r a y the same with an effective preventi v e c o n c e n t r a t e i n a m a n n e r approved by the City Manager. Upon f a i l u r e t o c o m p l y w i t h s u c h an order, the City may proceed fort h w i t h t o t a k e a p p r o p r i a t e -4- action. Spraying activities authorized by this S u b d i v i s i o n s h a l l be conducted in accordance with technical and e x p e r t m e t h o d s a n d plans of the Commissioner of Agriculture, with t h e a p p r o v a l o f appropriate City officials, and under the supe r v i s i o n o f t h e Commissioner and his agents whenever possible . N o t i c e s h a l l b e given as provided in Subdivision 6, Subparagra p h E . Section 2. City Code Chapter 1, entitled "General Provisi o n s and Definitions Applicable to the Entire City C o d e I n c l u d i n g Penalty for Violation," and Section 9.99 are here b y a d o p t e d i n their entirety, by reference, as though repeate d v e r b a t i m h e r e i n . Section 3. This ordinance shall become effective from an d after its passage and publication. FIRST READ at a regular meeting of the City Coun c i l o f Eden Prairie on the day of 1984, and finally read and adopted and ordered publish e d a t a r e g u l a r meeting of the City Council of said City on the day of , 1984. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 1984. day of -5- `600 TO: THROUGH: FROM: DATE: SUBJECT: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works April 10, 1985 Quit Claim Deed for Independent Millwork Site Request for this item is that the City of Eden Prairie would execute a Quit Claim Deed for the easterly 3 feet of Lot 1, Block 1 Flying Cloud Center. This location is at the northwest corner of Prairie Center Drive and 78th Street (north of Eden Prairie Center). Apparently some flaw in the title was detected, which indicates that the City of Eden Prairie has some interest in the easterly 3 feet of this lot. In fact we do have easements covering a portion of this lot, but the Quit Claim Deed would be subject to those easements as recorded. The request appears to be in order and I would recommend that the Council authorize the Mayor and City Manager to execute the Quit Claim Deed. EAD:sg LARKIN, HOFFNIAN, DALY & LINDGREN, LTD. 2000 PIPER JArraAy TOWER 222 SOUTH NINTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 16121338-6510 1600 NORTHWESTERN SiNANCIAL CENTER 7000 HEROES AVENUE SOUTH BLOOMINGTON, MINNESOTA 53431 TELEPHONE 16121 635-3800 ATTORNEYS AT LAW IIIEENERAL PRACTICE PARTNERSHIP LARKIN, NOEL & SALK SUITE 1110 1301 PENNSYLVANIA, N.W. WASHINGTON, PC. 20004 TELEPHONE 12021 737-1000 • LA•m119 S ORE NT L mo••n•••n JACK • 0••• NENNETL4 LINODREN 1JNE0 0•N4E,•101. ENDELL •NoteSON m rn.DELL RODENT •. wmorloCK AU•N muLLIGAN RODENT J Wt./NESSE, RONALD • CCCC C.C.S C. LeDC• Sok E DWARD J. olmSCOLL 6.11.9t• .100011 A McmuON D UNE N •OLLEW JOSEPH W. •NTHOH• DAVI° C. SELLEROREN .1091M 0.•1.19.1.NER 11011ENT L. 910yla /SANK I. MARVET /DEMAND IONSCNLER NIEMAND A. NOND11•1[ RORER, T. moNTASUE, CM CCCCC S. 0001111 CORP STOPMCRJ INETIEN RICHARD 1. CDANOND .10.19 19 REATTtE 91ANIE• STROTNER LINDA IS 11 1SmEN TROM•• P. STOLTMAN CCCCC LENIN FORREST D. NOwLD9 1N1CNAEL C. JACKmAN N it MALI. • MANOLIL1ES STEPHEN • SOLOMON JOMN E 01[911. April 5, 1985 L steS THOMAS • NL1 CCCCCC !DICE .1024 1. • wmute w1101 1110MA• J. T ITAN RODERICK I MAcKINZIE • 01.9.91 REIRENT O. WERNER. JR. D ANDLL A.09/1Na•N JEROME M. NAmNal 1000 I.FREEMAN ANDREW J LDTEKELl DAVI° O. CCCCC JON.. •. KATHLEEN LI OAYEEI• TMOmA• 0. mmOONA1.0 9 •RAOLE• N. 10E A NOTmWEttER 1.1.014•N AUSETtEN PAUL •1.1.1 CCCCC ...MAN R. OUPPDONT ART OARN ONAon ALAN IDLOOW GARTH C. CO LL. MARK C. DUVAL K ATHLEEN 0 •mEsTTE LARRY A. ROC.. P ETER J. cos-LE CATHERINE 11A1INETT WIL•091. Of COUNSEL JOSEPH OITIS ENEMAS H. CARET .111.110 AIMMSTEN IN WISCONSIN Mr. Gene Dietz Eden Prairie City Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Quit Claim Deed from City to Independent Millwork Trustees Our File No.: 8363-34 Dear Mr. Dietz: Enclosed are three execution copies of the revised Quit Claim Deed from the City to the Independent Millwork Trustees that we discussed on Wednesday. It is my understandingthat City Council approval of the execution _ of this deed is necessary and that you have or will schedule th i s " matter for the City Council's cil's next meeting, which is April 16th. - Is it necessary or desirable that someone representing the TrusteeS'J / 10 1 6 4 interests attends that meeting? If so, when and where will it be al a held? The closing of our transaction has been rescheduled to April 18th. mil After the City Council votes on this matter, what other action, if) any, must be taken? You asked that I outline in this letter why this deed is necessary. Northstar Title Company has informed the Trustees that a mistake was made when the property was platted and therefore, the City of LARIC IN, HOFFMAN, DALY 8: LINDGREN, LTD. Gene Dietz April 5, 1985 Page Two Eden Prairie, rather than the Trustees, own s t h e e a s t t h r e e f e e t of this lot. This deed is subject to all o f t h e C i t y ' s r i g h t o f way and utility easements. Thus, this deed c o r r e c t s t h e t i t l e defect while maintaining all of the City's e a s e m e n t r i g h t s . Thank you for all your assistance with this m a t t e r . Sincerely, PetH/Gt 3i101,9D LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. CBW:mh enclosure zLe No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ) not required Certificate of Real Estate Value No 19 County Auditor by Deputy STATEDEEDTAX DUE HEREON: $ Date. April (reserved for recording data) FOR.VALLIABLECCM4SIDERATM, CITY OF EDEN PRAIRIE municipal corporation underthelawsof ,Grantor,herebyconvevsandeundaUnstoWILLIAM A. INSIGHT, CLARENCE . INSIGHT AND SOREST A. OVIAIL,I SR., AS TRUSTEES OF INDEPTNDENT MILLIAIRK, INC., ,G ran teo (0 . RIPEW74-,i7i-F,F Iltl5 g;$'; li''"'L" ''.2otlig:Leilkiteseribed as follows: East three (3) feet of Lot 1, Block 1, Flying Cloud Center. subject to right of way and utility easements in favor of City of Eden Prairie as contained in Document No. 4744098, filed October 1, 1932, the location of which is as follows: That part of Lot 1, Block 1, lying southeasterly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 1 degree 10 minutes 23 seconds West, assumed basis for bearings; 142.00 feet along the east line of said Lot 1 to the point of beginning of the line to be described; thence South 13 degrees 11 minutes 12 seconds West 70.07 feet thence South 31 degrees 01 minutes 12 seconds West 54.57 feet to the southerly line of said 1,Ot 1, and there terminating. Temporary slope and public right of way construction easement in favor of City of Eden Prairie, to expire December 31, 1985, as contained in Document No. 4744099, filed October : 1, 1982 over that part of Lot 1, Block 1, lying easterly and southerly of the following described line: Commencing at the northeast corner of said Lot 1; thence North 89 degrees 56 minutes 53 seconds West, assumed basis for bearings, 18.00 feet along the north line of said Lot 1 to the point of beginning of the line to be described; thence South 09 degrees 13 minutes 23 seconds West 222.00 feet; thence South 82 degrees 33 minutes 39 seconds West 120.00 feet feet and there terminating, together with all hereditaments and appurtenances belonging thereto. CITY OF EDEN PRAIRIE Affix Deed Tax Stamp Here By Its By STATE OF MINNESOTA COUNTY OF HENNEPIN Its The foregoing was acknowledged before me this day of April by and the and o f the City ot Loin .lairii underthelawsof Minneuota rNirr onbehalfofthe municipal corporation ARIAl. 'Sit(1.1-P OR SEAL (OR OTHER TITLE OR -RAiNCi SIONATVRE Or PERSON TAKINO ACKNOWLEDGMENT Tay SIONnonea for IS. rod preparls doeNlbed In gbh blottobeaol obould bo oont to (loolueto nun. •net address el Wanton): 'LARKIN. HOFFMAN. DALY & LINDGREN, LTD. i 1500 NORTINESTERN FINANCIAL CENTER 7900 XERXES Amur. SOUTH MINNEAPOLIS, MINNESOTA 55431 (612) 835-3800 Minnesota a monicioal c•rnorAtion A1 14 ANNiNG 1 RANS!Ok:Al ON ERNG ARCHnECIURE P!NNt 1 .4 15 ,•35( w0.9ILD JARvIS GINDKR Nc . so y,Nt • mo S 1Fe fl $0j1,, . h.NNF mN . ',ONE 4* vo-voo MEMORANDUM April 9, 1985 To: Eugene A. Dietz, P.E. Director of Public Works City of Eden Prairie From: David M. Warner, P.E. Nancy J. Heuer, P.E. Be: Preserve Boulevard - Projected Daily Traffic Volumes This memorandum presents an alternative method for projecting daily traffic volumes on Preserve Boulevard, as a check against the projections presented in the "Prairie Center Drive/ County Road 18 Traffic Stujy". The projections represent conditions of ultimate development. Traffic volumes on Preserve Boulevard are expected to be Generated locally. The area which will contribute trips to Preserve Boulevard lies between Trunk Highway 169 on the west and County Road 18 on the east, and between Prairie Center Drive on the north and Riverview Road on the south. This area includes the Olympic Hills Golf Club, Neil Lake, Purgatory Creek flood plain, and the Flying Cloud Landfill. The remainder of the study area was assumed to be primarily single-family units. The area was assumed to contain 4975 single-family dwelling units generating 10 trips per day per dwelling unit (49,750 trips per day), and 075 multiple-family residential dwelling units Generating 5 trips per day per dwelling unit (7875 trips per day). The projected number of trips generated in the study area is 57,625 trips per day. Seventy-five percent of the generated trips are expected to be oriented to the north of the study area. Seventy-five percent of the total generated trips yields 43,200 trips to be distributed between Trunk Highway 169, County Road 18 and Preserve Boulevard. !NNE APOI IS OtNVL R ERE CKE NPIDGE PHOENM Eugene A. Dietz, P.E. April 9, 1985 Page 2 The condition of County Road 18 is expected to affect traffic volumes on Preserve Boulevard. If County Road 18 remains a two-lane roadway, it is expected that 20 to 25 percent of the north-south oriented trips will be distributed to Preserve Boulevard, and the remaining trips to Trunk Highway 169 and County Road 18. This results in a daily traffic volume on Preserve Boulevard between 8600 and 10,800 vehicles per day. The upgrading of County Road 18 to a four-lane facility is expected to reduce the number of trips on Preserve Boulevard. A total of 10 to 15 percent of the north-south oriented trips are expected to utilize Preserve Boulevard under these conditions, and the daily traffic volume is projected to be between 4300 and 6500 vehicles per day. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 85-83 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 5th day of March, 1985, fixed the 2nd day of April as the date for a public hearing on •the following proposed improvements: I.C. 52-071, Preserve Boulevard Improvements Between Prairie Center Drive and Anderson Lakes Parkway WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was given and the hearing was held on the 2nd day of April, 1985, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designed as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of RCM, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on April 16, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Franc, Clerk 6q1 TO: THROUGH: FROM: DATE: SUBJECT: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works t e April 10, 1985 Vacation of Excess Right-of-Way • Bluffs West 4th Addition In the vicinity of Phaeton Drive and Burr Ridge, the replatting of some existing lots as well as division of additonal property has created what is being called the Bluffs West 4th Addition. Due to the revision of the lots and right-of-way, a vacation of portions of the right-of-way will be necessary to accomodate the final plat. I will be available at the Council meeting to discuss this information in more detail. EAD:sg V.17 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-96 VACATION OF RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS IN BLUFFS WEST ADDITION WHEREAS, the City of Eden Prairie has certain right-of-way and drainage and utility easements described as follows: That portion of Phaeton Drive (formerly Idelwild Drive as platted in the plat of Bluffs West) right-of-way lying between the South line of the North 10.00 acres of the West one-half of the Southeast Quarter of the Southeast Quarter of Section 26, Township 116, Range 22 and the South line of the Southeast Quarter of the Southeast Quarter of Section 26, Township 116, Range 22. also all drainage and utility easements within Lots 1, 2, 3 and 4, Block 14, Bluffs West, as recorded on the record plat thereof. WHEREAS, a public hearing was held on April 16, 1985, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way and drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way and drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on April 16, 1985. Gary O. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk '61 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-92 A RESOLUTION APPROVING THE PRIMETECH PARK PHASE II PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE PRIMETECH PARK PLANNED UNIT DEVELOPMENT CONCEPT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Primetech Park Phase I is considered a proper amendment to the Primetech Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Prime Development and M R Properties for PUD Concept Amendment approval to the Primetech Planned Unit Development for Primetech Park Phase I and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on April 16, 1985; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie. Minnesota, as follows: 1. The Primetech Office Park PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, attached hereto is made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the Primetech Planned Unit Development Concept as outlined in the revised application materials for the Primetech Office Park, dated March 8, 1985. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated March 25, 1985. ADOPTED by the City Council of Eden Prairie this 16th day of April, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk SEAL PROPOSED SITE 11-27 'LJB ...4411Y 79-37/mg 1_0 dov 1-2 AREA LOCATION MAP STAFF REPORT Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning March 22, 1985 Primetech Office Building North of Shady Oak Road, East of City West Parkway MRTT Joint Venture 1. Planned Unit Development Concept Amendment on 20 acres. 2. Planned Unit Development District Amendment on six acres. 3. Zoning District Change from 1-2 Park to Office on 1.93 acres. TO: FROM: ITRUUGN: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: BEQUEST: Background The Comprehensive Guide Plan depicts Office use for this site. The 1.93- acre site is part of Primetech Phase I, a six-acre portion of a 20-acre Planned Unit Development. Phase I was approved by the City Council in February, 1984, based on 65 per cent office, and 35 per cent office/warehouse use. At that time, 59,000 square feet of office/research and development in four single story buildings were approved, with an overall Floor Area Ratio of 0.23. Three buildings were zoned Office; the fourth building, for a proposed tenant named Lectech, was zoned 1-2 Park. Lectech was proposed as a 30,000 square foot medical research and development firm, of which 20,000 square feet was for assembly, warehousing, shipping, and receiving. The proponent is requesting approval of a Zoning District Change from 1-2 Park to Office within Phase 1 for construction of a two-story office building on the Lectech site. Primetech Office Building 2 March 22, 1985 Existing site characteristics consist of a graded building pad, p a v e d p a r k i n g l o t , and landscaping for all of Phase I; all installed during the summ e r o f 1 9 8 4 . Site Plan The proposal is for a 25-foot, two-story office building, 31 , 5 0 0 s q u a r e f e e t i n size. Although this proposal increases the total square foot a g e b y 1 , 5 0 0 s q u a r e feet, as compared with the Lectech building, its footprint w i l l c o v e r l e s s s i t e area, giving the development a more open character. The Floo r A r e a R a t i o i s 0 . 4 4 for the 1.93-acre site. The overall Floor Area Ratio of the de v e l o p m e n t a t 0 . 2 3 i s consistent with the previous plan. Proposed building setbacks are consistent with the approved Planned Unit Development. Existing drainage and utility easements are not a f f e c t e d b y t h e n e w building location. No parking variances are proposed with this site. Internal l o t l i n e s e t b a c k variances were approved under the original Planned Unit Developmen t C o n c e p t . Architecture The building is proposed to be architecturally compatible w i t h t h e e x i s t i n g buildings in Phase I. Primary materials will consist of brown- t o n e d f a c e b r i c k , bronze window frames, metal panels and bronze tinted glass. The a r c h i t e c t u r a l m a s s of the building will be softened by utilizing rounded corners. The second story roof line will be extended in a triangular f a s h i o n , c r e a t i n g a covered courtyard area at the entrance. A supporting pillar, c o n s t r u c t e d o f f a c e brick, will maintain the rounded look of the structure. The building has underground parking level for 27 stalls, mecha n i c a l e q u i p m e n t a n d storage. Access to parking will be from the southwest corne r o f t h e b u i l d i n g , facing Highway #169. The recessing of the entrance door in exce s s o f 3 0 f e e t w i t h i n the structure, combined with plantings on both sides of the ent r a n c e , s h o u l d s c r e e n the overhead door from Highway #169 and the hotel site. No rooftop plans have been submitted at this time. All mechanic a l u n i t s l o c a t e d o n - site must be screened per ordinance. Screening materials shoul d b e a r c h i t e c t u r a l l y Integral with the main structure. Parking The current proposal requires 291 parking spaces for Phase I, b a s e d o n f i v e s p a c e s per 1,000 square feet of gross floor area, for two of the offic e b u i l d i n g s , f o u r spaces per 1,000 square feet of gross floor area, for the R & D B u i l d i n g , a n d f i v e spaces per 1,000 square feet of gross floor area, for the new P r i m e t e c h O f f i c e Building. The proponent is providing 296 spaces with 255 on- g r a d e s p a c e s , 2 7 underground spaces, and an additional 14 spaces shown as pro o f - o f - p a r k i n g . S t a f f feels adequate parking is provided on-site. Grading and Orlinage Grading and drainage will not be changed from the approved p l a n . T h e s i t e i s currently graded with a gradual slope to the south. The first f l o o r e l e v a t i o n i s 76d. Primetech Office Building 3 March 22, 1985 proposed at 893.0 with existing surrounding elevations of 895.3 for the research/development building and 892.5 for the Skamp building. Utilities Sewer and water services are available to this site by connection to a six-inch water main and a six-inch sanitary sewer main installed during earlier Phase I construction. Landscaping The proponent has submitted a landscape plan that reflects slight changes from the approved plan. These changes deal with landscaping of additional site coverage remaining from the Lechtech site. The plan demonstrates generous plant material sizes that will enhance an addition of a two-story structure. Most of the bordering landscape is currently in place. Pedestrian System The approved plan for Phase I incorporated a pedestrian system, which tied each individual building into a sidewalk system for the overall City West Planned Unit Development. Sidewalks should be extended to the proposed office building as depicted on Attachment A. A five-foot wide concrete sidewalk is proposed along the south and east parking lot. The site plan should be revised to widen these sidewalks to seven feet to accommodate car front-end encroachment. (See Attachment A) Signage and Lighting Signage for the building was not submitted with the proposal, although the proponent states that all signage will be in conformance with the signage package previously approved and implemented. All anticipated site lighting is currently in place. STAFF RECOMMENDATIONS Staff would recommend approval of a Planned Unit Development Concept Amendment on 20 acres, Planned Unit Development District Amendment on six acres, and Zoning District Change from 1-2 Park to Office on 1.93 acres, subject to the following: 1. Prior to Council review, proponent shall: A. Modify the site plan to include additional sections of sidewalk as illustrated on Attachment A. Modify the site plan to reflect seven- foot wide sidewalks as indicated on Attachment A. 2. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Receive approval of grading and drainage plans from the Watershed District. C. Provide sewer, water, and drainage plans for review by the City Engineer. 765 Primetech Office Building 4 March 22, 1985 D. Notify the City and the Watershed District 48 hours prior to any grading. E. Submit signage plans for review. F. Submit plans for screening of mechanical equipment. 314 ri .:'•.--.;, .. / , ' I .-.. l'-- • . , ••:-.., ; 1 r-,- • • • i- i 1 1 t : n', r'..... ..: 1 I.: ' ,' • )4.,- -• II 1 t : j . .." ,l- / i) /11 l •1 I • ro , - • [.....c..„, ,...., ...:, i 1 . --...-../...- .... ....... j _ / .., *.- f... 1.7..:_:... /a...3 ji .ti..0 n 4.‘1\:::.7"--:•.'eile lz_....... (-7-;.,,y,Olge sidOW}alk -A---------...i . -- s -'i s k .• ! ele,p ; (1), (*) 1 •-• 9k) • .• ‘• ) I. g . . • tsr e Attachmont A ..••••—•N •:It) • • I •• g... .*. 60 •• .4 O.. •••n••• •• 01 .14 • • .0 • • • ."" Ma r c k 1 '1 VC B. PRIMETECH PARK PHASE I, by WRIT Joint Venture. Request for Planned Unit Development Concept Amendment on approximately 20 acres and Planned Unit Development District Review and Zoning District Amendment from 1-2 Park to Office on 2.46 acres for a 31,500 sq. ft. office building. Location: North of Shady Oak Road, East of City West Parkway. A public hearing. Mr. David Broesder, architect for proponents, reviewed the site characteristics and features of the proposed site plan with the Connission. Planner Enger reviewed the findings and recommendations of the Staff Report regarding the project. The only issue of concern was the need for 25 1p Planning Commission Minutes 4 March 25, 1985 additional sidewalks on the parcel to conn e c t t o e x i s t i n g s i d e w a l k s w i t h i n the Primetech development. Marhula asked why the sidewalks were prop o s e d t o b e s e v e n f e e t i n w i d t h . Planner Enger explained that, for the side w a l k s l o c a t e d a d j a c e n t t o p a r k i n g areas, the additional width was for purpose s o f a l l o w i n g f o r o v e r h a n g o f t h e cars across the sidewalks, while still all o w i n g t h e n o r m a l f i v e - f o o t w i d t h for pedestrian use. Staff stated that they w e r e w i l l i n g t o c o n s i d e r o t h e r technical solutions to this problem; howev e r , i t h a d b e e n d e t e r m i n e d t h a t a two-foot wide grass strip would not work. Chairman Schuck asked for comments and q u e s t i o n s f r o m m e m b e r s o f t h e audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Dod g e , t o c l o s e t h e p u b l i c h e a r i n g . Motion carried-4-0-0 MOTION 2: Motion was made by Gartner, seconded by D o d g e , t o r e c o m m e n d t o t h e C i t y -Council approval of the request of MRTT J o i n t V e n t u r e f o r P l a n n e d U n i t Development Concept Amendment on approxi m a t e l y 2 0 a c r e s f o r a n o f f i c e building, based on plans and written materi a l s d a t e d M a r c h 8 , 1 9 8 5 , s u b j e c t to the recommendations of the Staff Report dat e d M a r c h 2 2 , 1 9 8 5 . Motion carried-4-0-0 MOTION 3: Motion was made by Gartner, seconded by D o d g e , t o r e c o m m e n d t o t h e C i t y Council approval of the request of MRTT J o i n t V e n t u r e f o r P l a n n e d U n i t Development District Review Amendment of ap p r o x i m a t e l y 6 . 0 a c r e s a n d Z o n i n g District Change from 1-2 Park to Office f o r 2 . 4 6 a c r e s , f o r a n o f f i c e building, based on plans and written materi a l s d a t e d M a r c h 8 , 1 9 8 5 , s u b j e c t to the recommendations of the Staff Report dated M a r c h 2 2 , 1 9 8 5 . . Motion carried--4-0-0 (Bye arrived at 8:15 p.m) yi;// TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: April 12, 1985 RE: Housing Revenue Bonds - Cheyenne Land Company (Tanager Creek Project) $11,000,000 - Resolution No. 85-97 This project appeared on a previous agenda but was removed at the request of the proponent. The proponent is requesting bonds for the project as approved by the City. The sale would be a public sale without any additional security or guarantees other than the project itself. Resolution No. 85-97 is attached for your consideration. JDF:bw 4/12/85 CITY OF EDEN PRAIRIE, MINNESOTA Application for Housing Revenue Bonds Under Chapter 426C, Minnesota Statutes 1. APPLICANT: a. Business Name Cheyenne Land Company b. Business Address 15500 Wayzata Blvd., #742 Wayzata, MN 55391 c. Business Form (corporation, partnership, sole proprietorship, etc.) General Partnership d. State of Incorporation or Organization Minnesota e. Authorized Representative Richard Neslund f. Phone (612) 475-1700 2. NAMES( S) ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: General Partners: a. Richard Neslund b. R. Neslund Co., a Minnesota Corporation, solely owned by Mabeth Nestund, wife of Richard Neslund -1- 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Residential single and multi-family housing and land development 4. DESCRIPTION OF PROJECT: a. Location and Intended Use: Northwest and southwest quadrants on Baker Road (County Rd. 60) and Edenvale Boulevard in Eden Prairie for 186 rental housing units. b. Present Ownership of Project Site: Cheyenne Land Company c. Names and Addresses of Architect, Engineer, and General Contractor: Architect: Richard J. Carlson Engineer: McCombs-Knutsen, Inc. General Contractor: Centurion Company 5. ESTIMATED PROJECT FOR: Land Building & Equipment Other - Legal and Underwriting Estimate Debt Service Reserve Fund TOTAL $ 2,000, 000 $ 11,495, 000 $ 500, 000 $ 605,000 $ 14, 650, 000 -2- 6. BOND ISSUE: a. Amount of Proposed Bond Issue $11,000,000 b. Proposed Date of Sale of Bond Early 1985 c. Length of Bond Issue and Proposed Maturities Approximate 11 yr. term w/serial maturities d. Proposed Original Purchaser of Bonds Miller-Schroeder Municipals, Inc. e. Name and Address of Suggested Trustee First Trust Company of St. Paul First National Bank Building St, Paul, MN 551Q1 f. Copy of any Agreement Between Applicant and Original Purchaser See enclosed November 20, 1984 arrangement letter R. Describe any Interim Financing Sought or Available None h. Describe Nature and Amount of any Permanent Financing in Addition to Bond Financing Owner's equity of approximately $3,650,000 7. BUSINESS PROFILE OF APPLICANT: a. Are You Located in the City of Eden Prairie? b. Number of Employees in Eden Prairie? i. Before this Project: ii. During this Project: iii. After this Project? c. Approximate Annual Sales d. Length of Time in Business? In Eden Prairie? 70 acre site owned since 1980 None 100-200 construction workers 2 resident managers $5,500,000 in land lease and residential rental income 13 years None e. Do you Have Plants in Other Locations? If So Where? Yes - developments in Golden Valley, Minnetonka, St. Louis Park, Hopkins S Plymouth f. Are You Engaged in International Trade? No -3- ;1" C 8. OTHER INDUSTRIAL DEVELOPMENT OR HOUSING R E V E N U E B O N D P R O J E C T ( S ) : a. List the name(s) and location(s) of other housing or indu s t r i a l development project(s) in which the appl i c a n t i s t h e o w n e r o r a "substantial user" of the facilities or a "r e l a t e d p e r s o n " w i t h i n the meaning of Section 103(b)(6) of the Inte r n a l R e v e n u e C o d e . Auburn Apts. (Hopkins); Fox Forest (Plymou t h ) b. List all cities in which the Applicant ha s r e q u e s t e d i n d u s t r i a l revenue development or housing bond financi n g . Hopkins and Plymouth, Minnesota c. Detail the status of any request the Applicant h a s b e f o r e a n y other city for industrial developmen t o r h o u s i n g r e v e n u e financing. This application constitutes only formal application In p r o c e s s . d. List any city in which the Applicant has been r e f u s e d i n d u s t r i a l development or housing revenue financing. None a. List any city (and the project name) where t h e A p p l i c a n t h a s acquired preliminary approval to proceed b u t i n w h i c h f i n a l approval authorizing the financing has been d e n i e d . N o n e f. If Applicant has been denied industrial devel o p m e n t o r h o u s i n g revenue financing in any other city as inden t i f i e d i n ( d ) o r ( e ) , specify the reason(s) for the denial an d t h e n a m e ( a ) o f appropriate city officials who have knowledge o f t h e t r a n s a c t i o n . N/A 9. NAMES AND ADDRESSES OF: a. Underwriter (If Public Offering) Miller-Schroeder Municipals, Inc. 2400 Northwestern Financial 7900 Xerxes Ave. So. k ieallim VPlb. Privtnlcght.gler (I f Private Placement) c. Bond Counsel Kutak, Rock & Campbell The Omaha Building 1650 Farman St. Omaha Nebraska 68102 d. Corporate counsel Estes Parsinen & Levy 700 Pillsbury Center 200 So. Sixth St. Minneapolis, MN 55402 e. Accountant McGladrey, Hendrickson & Pulren 1300 Midwest Plaza East 800 Marquette Ave. Minneapolis, MN 55402 -4- 10. WHAT IS YOUR TARGET DATE FOR: a. Construction Start Approximate $500,000 site preparation work completed - project expected to start during 1985 construction season b. Construction Completion Approximately December 1987 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for revenue bond financing under Minnesota Statutes, Chapter 462C, or adoption of a program thereunder, does not expressly or by implication constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, and any other law applicable to the property included in this project. Applicant • CHEYENNE_LAND COMPANY By — A General Partner Date 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT -5- CITY OF EDEN PRAIRIE RESOLUTION CS--97 ADOPTING A HOUSING BOND PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE TANAGER CREEK APARTMENTS PROJECT AND AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY. WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act"), the City of Eden Prairie (the "City") is authorized to adopt a housing plan and carry out programs for the financing of multifamily housing which is affordable to persons of low and moderate income; and WHEREAS, the Act requires adoption of the housing plan after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least thirty days in advance of the hearing; and WHEREAS, after thirty days published notice of public hearing, the City held a public hearing and adopted the City's Housing Plan (the "Plan") by passing Resolution 82-27 on February 2, 1982; and WHEREAS, in accordance with its requirements, the Plan provides for programs for the issuance of bonds to finance multifamily housing development which are affordable to persons and families of low and moderate income and are consistent with the goals, conditions and requirements of the Plan; and WHEREAS, the City has received from Cheyenne Land Company, a general partnership organized and existing under the laws of the State of Minnesota, the sole general partners of which are Richard Neslund and R. _Neslund Co., a corporation the sole shareholder of which is Mabeth Neslund (the "Developer"), a proposal to construct a multifamily housing development of approximately 186-units on property located on the northwest and southwest quadrants of Baker Road (County Road 60) and Edenvale Boulevard in the City (the "Project"), and a request for the City to issue housing revenue bonds in the amount of approximately $11,000,000 for the Project; and WHEREAS, the Act requires adoption of a program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen days in advance of the hearing before the issuance of bonds for the Project; and WHEREAS, the City of Eden Prairie has on this date conducted a public hearing on a housing bond program (the "Program"), after publication of notice as required by the Act; and F WHEREAS, the Act further requires submission of the Program to the Minnesota Housing Finance Agency (the "MHFA") for its approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie; 1. That the Program for the issuance of up to $11,000,000 of the City's multifamily housing revenue bonds is hereby in all respects adopted. 2. That the City Manager is hereby authorized to submit the Program to the MHFA, and to do all other things and take all other actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulations. 3. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the MHFA; whether or not the Project is carried to completion; and whether or not the bonds or operative instruments are executed. 4. Miller & Schroeder Municipals, Inc. is hereby designated as underwriter of the bonds to be used in connection with the Project, its fee to be paid out of the proceeds of the bonds when and if issued. 5. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the bonds as requested by the Developer. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bond or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 6. All commitments of the City expressed herein are subject to the condition that by December 31, 1985, the City and the applicant shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceed- ings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this Resolution shall expire and be of no further effect. ADOPTED: ATTEST: Mayor City Clerk weG. ED PHILLIPS & SONS CO WINE EAGLE WINE CO WINE JOHNSON BROTHERS WHOLESALE LIQUOR WINE GRIGGS COOPER & CO INC LIQUOR QUALITY WINE CO TWIN CITY WINE CO PRIOR WINE CO MN DEPT OF P/S U S POSTMASTER CREEK KNOLLS PARTNERSHIP ERIN COSTELLO U S POSTMASTER DANA GIBBS JESSICA DAVIS BETH RUNNING JULIE RUNNING ANNA BORTH LISA RIEPE KRISTIN PETERSON WINE WINE WINE MOTOR VEHICLE REGISTRATIONS POSTAGE-VALUATION NOTICES LAND-FRANLO PARK REFUND - KIDS KORNER 911 MAILINGS PACKET DELIVERIES REFUND-SKATING CLASSES REFUND-SKATING CLASSES REFUND-SKATING CLASSES REFUND-SWIMMING CLASSES REFUND-MEMBERSHIP FEES REFUND-SWIMMING CLASSES APRIL 16,1985 EXPENSES - CITY HALL INSURANCE INSURANCE INSURANCE PROJECTOR-CITY HALL • SERVICE SERVICE APRIL RENT INSURANCE APRIL RENT -AWWA NATIONAL CONFERENCE-ROOM DEPOSIT ED SORENSEN SERVICE MOTOR VEHICLE REGISTRATION FEE-UHERKA PROPERTY POSTAGE FOR HIST/CULT COMM PROGRAM FLYER WINE WINE CONFERENCE MOTOR VEHICLE REGISTRATIONS SERVICE PAYROLL LIQUOR WINE WINE WINE WINE LIQUOR WINE LIQUOR WINE HOCKEY OFFICIAL/FEES PD 18761 VOID OUT CHECK 19200 VOID OUT CHECK II ' VOID OUT CHECK 191 VOID OUT CHECK 19587 NFLCP 19588 MN DEPT OF P/S 19589 NORTHERN STATES POWER CO 19590 NORWEST BANK HOPKINS 19591 GRIGGS COOPER & CO INC 19592 EAGLE WINE CO 19593 QUALITY WINE CO 19594 TWIN CITY WINE CO 19595 PRIOR WINE CO 19596 JOHNSON BROTHERS WHOLESALE 19597 ED PHILLIPS & SONS CO 19598 INTERCONTINENTAL PCKG CO 19599 TOM MANARIN 19600 VOID 19601 CITY OF MAPLEWOOD 19602 PHYSICIANS HEALTH PLAN 19603 MEDCENTERS HEALTH PLAN INC 19604 GROUP HEALTH PLAN INC 19605 LABELLES 19606 MINNESOTA GAS CO 19607 NORTHERN STATES POWER CO 19608 SUPPLEES 7 HI ENTER INC 19 4 '1 9 WESTERN LIFE INSURANCE CO 1. JASON-NORTHCO PROPERTIES 19611 WASHINGTON HILTON 19612 MINNESOTA GAS CO 19613 MN DEPT OF P/S 19614 HENNEPIN COUNTY TREASURER 19615 HOPKINS POSTMASTER 19616 CAPITOL CITY DISTRIBUTING CO 19617 INTERCONTINENTAL PCKG CO 19618 19619 19620 19621 19622 19623 19624 19625 19626 19627 19628 19629 19630 19631 19632 1?"3 4 19635 19636 95.00- 15.81- 50.00- 214.00- 15.00 26.75 7325.84 440.00 4305.35 510.24 998.77 1674.84 406.21 1618.92 3365.39 1413.64 214.00 0.00 182.00 12741.93 5330.85 2014.30 254.97 432.73 552.69 3755.79 843.36 4701.71 95.00 154.99 10.75 152.00 66.36 144.67 601.73 3922.50 690.53 1241.59 1000.61 1705.63 496.47 974.25 21.50 1913.76 5400.00 14.00 800.00 65.00 11.00 25.00 14.00 11.00 16.00 12.00 7231081 REFUND-SKAT1NG CLASSES 18.00 0.00 SKATING INSTRUCTOR/FEES PO 87.00 BEER 4553.85 MIXES 665.25 BEER 8608.99 BEER 3558.01 MIXES 99.20 BEER 3277.15 BEER 146.75 BEER 126.40 BEER 1818.37 MIXES 421.40 BEER 8340.65 APRIL 5 1985 PAYROLL 14894.26 APRIL 5 1985 PAYROLL 19504.13 APRIL 5 1985 PAYROLL 10433.24 APRIL 5 1985 PAYROLL 120.00 APRIL 5 1985 PAYROLL 35.00 APRIL 5 1985 PAYROLL 4759.00 APRIL 5 1985 PAYROLL 647.85 APRIL 5 1985 PAYROLL 16692.80 SERVICE-HOMEWARD HILLS PARK 3082.53 SERVICE-ANDERSON LAKE PARKWAY 69116.99 STEEL-PARK MAINTENANCE 136.06 SCHOOL-BLDG DEPT 73.50 OFFICE SUPPLIES 1091.57 BOARD-PARK PLANNING 87.88 MOPS-LIQUOR STORE 9.05 BOND SERVICE 50.00 0.00 STREET SIGNS 518.20 MARCH CUSTODIAL SERVICE 200.00 SERVICE 54.52 SERVICE 1252.05 -PAINT SUPPLIES-EQUIPMENT MAINTENANCE 710.26 AND PARK MAINTENANCE SIREN REPAIR & PARTS/PUBLIC SAFETY 119.02 TOPPER-BUILDING DEPT 209.00 AIR FILTERS/BATTERIES 278.17 -SERVICE-EDEN ROAD/ANDERSON LAKES PKWY/ 7753.11 VALLEY VIEW ROAD/PRAIRIE CENTER DRIVE REPAIR WATER DEPT TRUCKS 972.50 SERVICE - WATERPLANT EXPANSION 6234.77 REPAIR LOCK-WATER DEPT 42.00 FEBRUARY 85 IMPOUND FEES 230.00 3 TV WALL MOUNT SWIVELS-POLICE DEPT 141.34 MINUTES-PARK & RECREATION COMMISSION MTG 46.50 EXPENSES-POLICE DEPT 75.95 4 1985 FORD PICKUPS 26084.68 OIL ROLL SECTIONS-ROUND LAKE DIESEL SPILL 270.00 EQUIPMENT RENTAL-ENGINEERING DEPT 90.00 SUPPLIES-LIQUOR STORES 265.15 ROCK 4910.45 19637 AMANDA HERRICK 19638 VOID 19r - WENDY BURNS CARLSON 19t EAST SIDE BEVERAGE CO 19641 PEPSI/7-UP BOTTLING CO 19642 THORPE DISTRIBUTING CO 19643 DAY DISTRIBUTING CO 19644 ROYAL CROWN BEVERAGE CO 19645 BEER WHOLESALERS INC 19646 CAPITOL CITY DISTRIBUTING CO 19647 KIRSCH DISTRIBUTING CO 19648 GRIGGS BEER DIST INC 19649 COCA COLA BOTTLING CO 19650 CITY CLUB DISTRIBUTING CO 19651 DEPARTMENT OF EMPLOYEE RELATIONS 19652 FEDERAL RESERVE BANK 19653 COMMISSIONER OF REVENUE 19654 AETNA LIFE INSURANCE AND ANNUITY 19655 MINNESOTA STATE RETIREMENT SYSTEM 19656 GREAT WEST LIFE ASSURANCE CO 19657 INTERNATIONAL UNION OF OPERATING 19658 PUBLIC EMPLOYEES RETIREMENT ASSN 19659 FOREST LAKE CONTRACTING 19660 RICHARD KNUTSON INC 19661 A & H WELDING & MFG CO 19662 GENE ABBOTT 19663 ACRO-MINNESOTA INC if 1 ALDY GRAPHIC SUPPLY INC 19uo5 AMERICAN LINEN SUPPLY CO 19666 AMERICAN NATIONAL BANK 19667 VOID OUT CHECK 19668 EARL F ANDERSEN & ASSOC INC 19669 DALE ARNDT 19670 AT & T INFORMATION SYSTEMS 19671 AT & T INFORMATION SYSTEMS 19672 AUTO CENTRAL SUPPLY 19673 AUTO-HDWE WAREHOUSE 19674 ANDY'S AUTOMOTIVE WHOLESALE CO 19675 BATTERY & TIRE WAREHOUSE INC 19676 B R W INC 19677 BERGIN AUTO BODY 19678 BLACK & VEATCH 19679 BLOOMINGTON LOCKSMITH CO 19680 CITY OF BLOOMINGTON 19681 BLUMBERG AUDIO-VISUAL 19682 LOIS BOETTCHER 19683 MICHAEL BOSACKER 19684 BROOKDALE FORD INC 19685 BRO-TEX INC 1 0 686 BRUNSON INSTRUMENT CO ( 17 BUTCHS BAR SUPPLY 19688 BRYAN ROCK PRODUCTS INC 222912.55 760 19689 BSN CORP 19690 BUSINESS FURNITURE INC CARDOX CORP 1 _ CARGILL SALT DIVISION 19693 CITY OF CHANHASSEN 19694 CHANHASSEN BUMPER TO BUMPER 19695 CHAPIN PUBLISHING CO 19696 HOPKINS POST OFFICE 19697 THE CHILDREN'S MUSEUM 19698 CLUTCH & U-JOINT BURNSVILLE INC 19699 COMMISSIONER OF TRANSPORTATION 19700 SPENCER CONRAD 19701 COPY EQUIPMENT INC 19702 CROWN RUBBER STAMP CO 19703 CURLE PRINTING COMPANY INC 19704 CURTIS INDUSTRIES 19705 CUTLER MAGNER CO 19706 WARD F DAHLBERG 19707 DALCO 19708 DEPARTMENT OF PROP TAXATION 19709 EUGENE DIETZ 19710 DIRECTOR OF PROPERTY TAXATION 19711 DON'S APPLIANCE & TELEVISION 19712 DORHOLT INC 19713 DRISKILLS SUPER VALU 19714 DYNAMIC GRAPHICS INC It 5 EARL'S ART & DRAFTING SUPPLIES 1 .A6 JOY EASTMAN 19717 EDEN PRAIRIE TRASHTRONICS 19718 ELVIN SAFETY SUPPLY INC 19719 EMERGENCY MEDICAL PRODUCTS INC 19720 EMERGENCY SERVICE SYSTEM INC 19721 FARMERS STEEL CO 19722 FINLEY BROS ENTERPRISES 19723 FIRE MARSHALS ASSOC OF MINNESOTA 19724 FLASH TRANSFER & DEL 19725 FLEXIBLE PIPE TOOL COMPANY 19726 FLYING CLOUD SANITARY LANDFILL 19727 G & K SERVICES 19728 GENERAL COMMUNICATIONS INC 19729 G L CONTRACTING INC 19730 G & R AVIATION INC 19731 GROSS COmON CARRIER INC 19732 GUNNAR ELECTRIC CO INC 19733 HENNEPIN CTY CHIEFS OF POLICE 19734 JOYCE HOLTE CONLEY 19735 HONEYWELL INC 19736 IBM 19737 INDEPENDENT SCHOOL DIST #272 8 INTL CITY MANAGEMENT ASSOC Lv/39 HONEYWELL INC GOLF CAGE NET/ARCHERY NETS-PARKS DEPT 589.03 CHAIR-PARKS DEPT 181.77 CARBON DIOXIDE 860.02 SALT-STREET DEPT 521.19 SERVICE-LAKE ANN INTERCEPTER ALIGNMENT 250.00 -SEALED BEAMS/MOTOR/PAINT/GAS FILTERS/ 518.47 GASKETS/BEARINGS/OIL SEALS LEGAL ADS 38.08 POSTAGE METER 4000.00 DEPOSIT-MUNCHKINS PROGRAM 10.00 REPAIR REAR END-EQUIPMENT MAINTENANCE 1201.43 SERVICE - MITCHELL & HWY 169 1115.58 EXPENSES-FIRE DEPT 721.30 VELLUM/BLUELINE 220.47 DESK SIGN-PLANNING DEPT 7.45 BUSINESS CARDS-PLANNING & BLDG DEPT 86.00 SCREWS/CABLE TIES 31.72 QUICKLIME-WATER DEPT 3398.36 APRIL 85 EXPENSES 80.00 CLEANING SUPPLIES-POLICE/FIRE & COMM CENT 269.75 POSTAGE FOR VOTER REGISTRATIONS 340.96 MARCH 85 EXPENSES 165.00 1985 PROPERTY TAXES /MILLER PROPERTY 1625.53 1 COLOR TV - POLICE DEPT 380.00 ENVELOPES-POLICE DEPT 250.00 EXPENSES 45.72 BOOKS 372.50 SUPPLIES-PARK PLANNING 76.84 MILEAGE 56.95 MARCH 85 TRASH PICKUP 300.00 SAFETY EQUIPMENT-WATER DEPT 18.59 CARRYING CASE/BLANKET 504.00 REPAIR SIREN & RADIO EQUIPMENT 639.48 STEEL STRIPES-PARK MAINETENANCE 64.51 -REPLACEMENT PARTS FOR TENNIS NET 61.00 STRUCTURES DUES-FIRE DEPT 10.00 FREIGHT CHARGES-STREET DEPT 10.00 FITTINGS-SEWER DEPT 86.98 SERVICE 10.68 TOWELS/JACKET/COVERALLS-WATER DEPT 398.55 RADIO REPAIR & PARTS 955.68 SERVICE-BITTERSWEET DRIVE 1248.00 AIRPLANE RENTAL-PLANNING DEPT 55.50 FREIGHT CHARGES - WATER DEPT 83.78 ELECTRICAL WORK TO AIR COMPRESSOR-PM BLDG 37.00 SCHOOL-POLICE DEPT 470.00 SCHOOL - POLICE DEPT 45.00 -APRIL 85 MECHANICAL MAINTENANCE/WATER 12759.00 DEPT ONE TYPEWRITER-POLICE DEPT 1592.00 SCHOOL BUILDING USAGE-COMMUNITY EDUCATION 65.20 BOOK-MANAGER 33.00 JAN 85 TO MARCH 85 MAINTENANCE AGREEMENT 3214.00 4007607 '16 OFFICE SUPPLIES-POLICE DEPT SERVICE-PUMP HOUSE EXPENSES -LUMBER-ROUND LAKE FISHING DOCK 135 54 / PUBLIC SAFETY BLDG $318.72 -PIPE FITTINGS/KEYS/WRENCH/ENAMEL/ -PAINT BRUSHES/SANDPAPER/HACKSAW/FUSES / -MASKING TAPE/HAMMER/GLOVER/D-CON/ MAILBOX/VARNISH/STAIN -TOW STRAPS/SOCKETS/WRENCHES/CHAIN/HOOK / LIGHT BULBS/RIVET GUN STORAGE BOX FOR NEW TRUCK-WATER DEPT SWITCH-PARK MAINTENANCE SUPPLIES-LIQUOR STORE VOLLEYBALL OFFICIAL/FEES PD REFUND GUIDE PLAN DEPOSIT 800K - CITY HALL RUG SERVICE - CITY HALL PRINTING HOMESTAEAD CARDS SCUBA INSTRUCTOR/FEES PO COMPUTER SYSTEM-POLICE DEPT 12 WATER METERS RETURNED-BLDG DEPT EXPENSES OXYGEN-FIRE DEPT ENVELOPES - CITY HALL APRIL 85 PAGING SERVICE MARCH 85 SAC CHARGES MAY SEWER SERVICE CONCESSION STAND SUPPLIES-COMMUNITY CEN T E R BLACKTOP APRIL 85 PAGER RENTALS-WATER DEPT EMPLOYMENT ADS-COMMUNITY SERVICES SERVICE FUEL-SENIOR CENTER ADS-LIQUOR STORES -0 RINGS/OIL SEALS/AXLE/WASHER FLANGE/ BRAKE CABLE/SWITCH WELDING HOSE DIVIDER/COUPLERS/FITTINGS REFUND-WATER BILL GLASS-COMMUNITY CENTER FEB & MARCH SERVICE-POLICE DEPT SAND POWER SUPPLY-STREET DEPT EXPENSES MILEAGE REPAIR SAFETY FLAG/OIL/WATER DEPT BOND PAYMENTS SERVICE SERVICE SERVICE SERVICE SOAP-WATER DEPT/STREET DEPT MILEAGE POP FOR CONCESSION STAND-COMMUNITY CENT E R 1017.78 580.00 91.18 474.26 817.44 238.07 510.00 6.86 105.69 20.00 25.00 60.00 49.20 430.17 340.00 71225.00 906.00 190.56 52.08 658.30 42.32 41233.50 93146.96 242.50 195.75 25.75 151.20 91.94 120.00 52.50 356.71 698.51 52.45 74.68 71.50 436.41 95.00 153.00 18.00 652.29 2044775.01, 1435.11 440.9m 820.39 2069.5? 145.20 42.50 306.50 19740 JAM OFFICE PRODUCTS CO 19741 JESCO 19f CARL JULLIE 19743 JUSTUS LUMBER CO 19744 KARULF HARDWARE INX 19745 KRAEMER'S HOME CENTER 19746 LA HASS MFG & SALES INC 19747 LAKE STATE EQUIPMENT CO 19748 LANCE 19749 JAMES LAN IEL 19750 LARKIN HOFFMAN DALY & LINDGREN 19751 LEAGUE OF MINNESOTA CITIES 19752 LEEF BROS INC 19753 LOG'S 19754 TERRY LOVAASEN 19755 MASYS CORPORATION 19756 MC DONALD'S PLUMBING 19757 MCGLYNN BAKERIES INC 19758 MEDICAL OXYGEN & EQUIP CO 19759 MERIT/JULIAN GRAPHICS 19760 METRO FUME COMM INC 1p -1 METROPOLITAN WASTE CONTROL COMM 1 1, 2 METROPOLITAN WASTE CONTROL COMM 19763 MIDLAND PRODUCTS CO 19764 MIDWEST ASPHALT CORP 19765 MINNESOTA COMMUNICATIONS CORP 19766 MINNESOTA DAILY 19767 MINNESOTA GAS CO 19768 M-V GAS CO 19769 MINNESOTA SUBURBAN NEWSPAPERS IN C 19770 MTI DISTRIBUTING CO 19771 MINNESOTA WANNER CO 19772 CITY OF MINNETONKA 19773 MIRROR FACTORY 19774 W M MONTGOMERY & ASSOCIATES 19775 WM MUELLER & SONS INC 19776 MUNICILITE CO 19777 CITY OF MUNICIPAL BUILDING 19778 ANDREA NERHUS 19779 NORTH STAR WATERWORKS PORDUCTS 19780 NORWEST DANK MPLS NA 19781 NORTHERN STATES POWER CO 19782 NORTHWESTERN BELL 1ELLPHONE CO 19783 NOR1HwESTENN BELL TELEPHONE CO 19784 NORTHuESTERN BELL TELEPHONE CO .85 OXFORD CHEMICALS INC ',../86 CHARLES J PAPPAS 19787 PEPSI/7-UP BOTTLING CO 22657 4382 19788 PETTY CASH-PUBLIC SAFETY DEPT 19789 PLAQUES PLUS POEMER MFG CO INC 19) I POWER SYSTEMS 19792 PRAIRIE ELECTRIC COMPANY INC 19793 PRAIRIE LAWN & GARDEN 19794 PREFERRED PAVING 19795 R & R SPECIALTIES INC 19796 FRED RAZAVI 19797 REED'S SALES & SERVICE 19798 RETAIL DATA SYSTEMS OF MINNESOTA 19799 CITY OF RICHFIELD 19800 RIEKE-CARROLL-MULLER ASSOC INC 19801 KAREN RINTA 19802 ROGERS SERVICE CO 19803 ROGERS WELL DRILLING 19804 RYANS RUBBER STAMPS 19805 ST CROIX RECREATION CO 19806 ERIC SAUGEN 19807 STATE OF MINNESOTA 19808 HARVEY H SCHMIDT 19809 SHAKOPEE FORD INC 19810 SHURAIL SUPPLY INC 1” STEVEN R SINELL V, 2 W GORDON SMITH CO 19813 SNAP ON TOOLS CORP 19814 SNAP PRINT-WEST 19815 SOUTHWEST SUBURBAN PUBLISH INC 19816 SOUTHWEST SUBURBAN PUBLISH INC 19817 STATE TREASURER 19818 STATE OF MINNESOTA 19819 DON STREICHER GUNS 19820 SUBURBAN CHEVROLET 19821 SUN CONTROL OF MINNESOTA 19822 SUPPLEE ENTERPRISES INC 19823 TELECOMMUNICATION DEVICES INC 19824 THOMAS PONTIAC 19825 TRACY OIL CO INC 19826 TRESTMAN MUSIC CENTERS 19827 TWIN CITY OXYGEN CO 19828 UNIFORMS UNLIMITED 19829 UNIVERSITY OF WISONSIN SEA GRANT 19830 UNLIMIlED SUPPLIES INC 1^-1 1 VAUGHNS INC 1 d2 VIDEO CONCEPTS #472 19833 VOSS ELECTRIC CO EXPENSES 74.48 PLAQUES - CITY HALL 67.08 TROPHIES-RACQUETCALL/FEES PO 110.00 PIPE COUPLINGS-SEWER DEPT 11.88 -INSTALL BREAKERS/RECEPTACLES/PUBLIC , 5239.60 SAFETY BUILDING REPAIR BLOWER-POLICE DEPT 43.50 REFUND PLAN HOLDERS DEPOSIT 10.00 BUSHING KIT/SPRING/FILTER-COMM CENTER 187.23 VOLLEYBALL OFFICIAL/FEES PD 412.50 EQUIPMENT PARTS-PART MAINTENANCE 527.09 SUPPLIES-LIQUOR STORE 65.45 4/1-6/30/85 DISPATCH SERVICE 14432.33 -SERVICE-PRAIRIE CENTER DRIVE/FLYING CLOUD 3693.79 DRIVE VOLLEYBALL OFFICA1L/FEES PD 20.00 STARTER-EQUIPMENT MAINTENANCE 37.50 SERVICE STARING LAKE PARK WATER SYSTEM 104.50 STAMPS 52.00 -PLAYSTRUCTURES-HOMEWARD HILLS & EDENVALE 7700.00 PARK VOLLEYBALL OFFICAIL/FEES PD 50.00 BIKE REGISTRATIONS 45.00 CEMENT WORK AT FIRE STATION #1 195.00 REPAIR TURN SIGNAL/REPAIR SEALS 151.02 EXHAUST FAN-CITY HALL 27.65 APRIL 85 EXPENSES 171.00 -ANTIFREEZE/BATTERY/PIPE/SUCTION GUN/ 8501.57 -GREASE/PUMP/REGULAR GAS $2847.00/ DIESEL $5439.00 U-JOUNT-EQUIPMENT MAINTENANCE 14.85 PRINTING-POLICE DEPT 158.50 ADS-LIQUOR STORE 890.19 CIVIL DEFENSE 55.80 1ST QTR 85 BUILDING PERMIT SURCHARGE 9161.18 TESTS-WATER DEPT 270.13 -2 RIFLES 650.00/2 REVOLVERS 450.00/ 1815.75 AMMUNITION-POLICE DEPT HEADLIGHTS/MIRROR/RUSTPROOFING 459.49 INSTALL FILM ON WINDOWS/POLICE DEPT 100.00 SUPPLIES-LIQUOR STORE 4.17 BATTERIES-FIRE DEPT 91.46 1985 GMC PICKUP-WATER DEPT 11638.68 UNLEADED GAS-STREET DEPT 8200.00 MUSIC-COMMUNITY SERVICES 47.70 OXYGEN-STREET DEPT/FIRE DEPT 15.80 -SPEAKERS S378.00/RED LIGHTS $3220.00/ 5779.40 -SIRENS $600.00/BULBS/GRILLE LIGHTS- P/S DEPT/SHIRTS-FIRE DEPT BOOK-COMMUNITY SERVICES 10.00 BOLTS & NUTS/WASHERS 226.34 ROPE/SNAPS 42.70 VIDEO CASSETTE TAPES-CITY HALL 112.10 LIGHT BULBS-P/S BLDG 187.20 8121161 1862.32 19834 WATER PRODUCTS CO 199* SANDRA F WERTS 198._ VEST WELD 19837 XEROX CORP 19838 ZEP MUFACTURING CO 19839 ZIEBART AUTO TRUCK RUSTPROOFING 19840 AMP PRODUCTS CORP PIPE-WATER DEPT MILEAGE SAW BLADES-EQUIPMENT MAINTENANCE SERVICE CLEANING SUPPLIES-STREET GARAGE RUSTPROOFING ON NEW VEHICLES BATTERY TERMINAL-EQUIPMENT MAINTENANCE 31.24 38.78 212.64 221.29 717.85 625.00 15.52 April 16, 1985 Cash Disbursements by Fund Number 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIOUOR STORE—P V M 17 LIQUOR STORE—PRESERVE 31 PARK ACOUIST & DEVELOP 33 UTILITY BOND FUND 36 P/S i P/W BOND FUND 45 UTILITY DEBT FD ARB 47( G 0 DEBT FUND 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 56 ROAD IMPROVEMENT DEBT FD 73 WATER FUND 77 SEWER FUND 81 TRUST P, ESCROW FUND 90 TAX INCREMENT FUND $2684117.18 184614.17 103099.68 43584.94 24112.89 13235.54 9567.30 4737.57 262070.79 237408.06 79120.67 928993.59 616352.62 39770.55 134602.19 2710.80 CITY OF EDEN PRAIRIE EDEN PRAIRIE CITY COUNCIL NOTIFICATION REGARDING VARIANCE REQUEST •84-53 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the following time and place: .7:30 P.M. Tuesday, April 16, 1985 At the Eden Prairie Administration Building, School Board Room, 8100 School Road, Eden Prairie, Minnesota To vote on the findings and conclusions relating to the request of WELCOME HOME to operate a licensed residential facility located at 7170 Bryant Lake Drive, legally described as attached. The matter was first considered by the Council at its meeting on January 22, 1985, February 5, 1985, and again at its meeting on March 19, 1985. LEGAL DESCRIPTION That part of the Northwest Quarter o f t h e N o r t h w e s t Q u a r t e r o f Section 12, Township 116, Range 22, He n n n e p i n C o u n t y , M i n n e s o t a described as follows; Beginning at a point in the westerly li n e o f S t a t e H i g h w a y N o . 169 distant 153.00 feet northeasterly f r o m t h e s o u t h l i n e o f the Northwest Quarter of the Northwest Q u a r t e r ; t h e n c e w e s t e r l y to a point in the centerline of Old Ed e n Prairie Road distant 204.00 feet northwesterly from the sout h l i n e o f t h e N o r t h w e s t Quarter of the Northwest Quarter, a s m e a s u r e d a l o n g s a i d centerline; thence northwesterly along s a i d c e n t e r l i n e 2 3 2 . 0 0 feet; thence southeasterly to a point i n t h e w e s t e r l y l i n e o f State Highway No. 169 distant 191.00 f e e t n o r t h e a s t e r l y f r o m the point of beginning; thence southwes t e r l y 1 9 1 . 0 0 f e e t t o t h e point of beginning. . . 0 Excepting therefrom the East ten (10 ) f e e t t h e r e o f f o r s t a t e highway right of way purposes. Subject to a temporary construction ea s e m e n t o n , o v e r , u n d e r a n d across the east fifty (50) feet of the a b o v e d e s c r i b e d p r o p e r t y . 11.12.1N. 1.062 is.c.R.E.S AREA EIGL.OIVE OF sf:, FT EA4EtsAE1 ,11- 7. P O. Be=5 Acize AREA Ae.,OVE THE. e), ELEVATION CONTOUR 2.12b0 = = . 62.5 Acm.e.5 Southwest Suburban Cable Commission MEMORANDUM TO: Carl Jullie, Ken Rosland, Jim Genellie, Jim Miller and John Cartwright FROM: Ralph B. Campbell, III, Administrator SUBJECT: Costs to Cities and Benefits to Rogers Associated with Rogers Cablesystems-Southwest's Request for Financial Relief Wednesday ID April 1985 Following is a summary of the costs to the cities and the benefits to Rogers Cablesystems-Southwest (Rogers) that would result if the proposed relief is granted for the fullest possible term, seven and one half years. Cut franchise fees from five to three percent of Rogers' gross revenues COST TO CITIES JIENEFIT TOROGERS $2,070,900 $2.070.900 Receive 3 percent franchise fees in four equal payments (November. February. May and August) COST TO CITIES BENEFIT TO ROGERS Interest received by $279.572 investing surplus fees Southwest Suburban Cable Corn mission MEMORANDUM. Costs to Cities and Benefits to Rogers Associated with Rogers Cablesystems-Southwest's Request for Financial Relief 10 Apri11985 Defer a portion Rogers support for local programming and dedicate a portion of franchise fees toward supporting local programming COSTTOCMES )3ENEFITTOROGERS $978,435 $2331475 gliminate $300.000 performance bonds COST TO CITIES )3ENEFIT TOROOERS $0.00 $72500 Defer requirement to build the Institutional/Business Network COSTTO CITIES $0.00 TOTAL COST TO CITIES 13,049.335 ItENEFIT TORDGERS $1,7$0,000 (capital expenses only) TOTA L riENEFIT TO ROGERS $6,936,447 Enclosed with this memorandum are financial reports depicting these costs and benefits on an annual per city basis. Page 2 of 2 ‘1,C c) BENEFITS TO ROGERS CABLE STEMS-SOUTHWEST (4/10/85) 1 { 2 1 3 1 4 1 5 1_ 6 1 7 1 8 1 YEAR 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 TOTAL -All values -Values which was -"N.R.- 2 4 17 19 FRANCHISE FEE REDUCTION N.R. N.R. N.R. 152,040 180,460 197,200 211,940 227,720 244,540 264,660 285,240 307,100 2,070,900 are stated taken from Touche-Ross taken from indicates years QUARTERLY PAYMENT OF FRANCHISE FEES N.R. N.R. N.R. 20,525 24,362 26,622 28,612 30,742 33,013 35,729 38,507 41,459 279,572 Financial Rogers 'Offering in which relief In dollars. SUPPORT :ELIMINATION OF DEFERRAL OF LOCAL : PERFORMANCE : OFI-NET PROGRAMMING: BONDS :CONSTRUCTION . . • • . N.R. . 630,000 N.R.. • • . . 791,000 N.R.N.R. . - • N.R.. N.R. . 24,000 • • . N.R. . 26,000 N.R.. 80,443 : 2,500 : 28,000 334,000 : 10,000 : 31,000 348,260 : 10,000 : 33,000 363,082 : 10,000 : 36,000 378,519 : 10,000 : 40,000 393,498 10,000 : 43,000 . 409,499: 10,000 : 47,000 : 426,175 : 10,000 : 51,000 • . . . : 2,733,475 : 72,500 : 1,780,000 . . . . - Analysis (9/7/84) except 1981 GROSS REVENUES, (6/16/80). is not received by Rogers. GROSS REVENUES 427,000 1,471,000 6,139,000 7,602,000 9,023,000 9,860,000 10,597,000 11,386,000 12,227,000 13,233,000 14,262,000 15,355,000 111,58 ,000 - FULL (5%) FRANCHISE FEES 21,350 73,550 306,950 380,100 451,150 493,000 529,850 569,300 611,350 661,650 713,100 767,750 5,579,100 3 5 6 7 9 10 11 12 13 14 15 16 18 20 21 22 23 Southwest Suburban Cable Commission COMBINED C0ST.1. CITIES (4/10/85) 10 I 11 I 12 j 13 j 14 I 1s 144 COMBINED 145 COSTS OF - . 146 COSTS OF SUPPORT FULL {5%} :REDUCED 0%) 147 FRANCHISE FEE OF LOCAL AMOUNT FRANCHISE : FRANCHISE 148 YEAR REDUCTION PROGRAMMING REMAINING FEES : FEES 149 . 150 1981 N.A. N.A. N.A. 21,350 : N.A. 151 1982 N.A. N.A. N.A. 73,550 : N.A. 152 1983 N.A. N.A. N.A. 306,950 : N.A. 153 1984 152,040 19,005 209,055 380,100 : 228,060 5 __14 __ 1985 180,460 90,230 180,460 451,150 : 270,690 155 1986 197,200 98,600 197,200 493,000 : 295,800 156 1987 211,940 105,970 211,940 529,850 i 317,910 157 1988 227,720 113,860 227,720 569,300 : 341,580 158 1989 244,540 122,270 244,540 611,350 : 366,810 159 1990 264,660 132,330 264,660 661,650 : 396,990 160 1991 285,240 142,620 285,240 713,100 : 427,860 161 1992 307,100 153,550 307,100 767,750 : 460,650 162 . 163 TOTAL 2,070,900 978,435 2,127,915 5,579,100 i 3,106,350 164 . 165 -All values are stated in dollars. - . 166 -"N.A." indicates that relief does not apply for these years. i Southwest Suburban Cable Commission COSTS TO THE CITY OF EN PRAIRIE (4/10185) 10 I 11 I 12 1 13 I 14 I 15 29 EDEN PRAIRIE 30 COSTS OF • 31 COSTS OF SUPPORT FULL {5%} REDUCED (3%) 32 FRANCHISE FEE OF LOCAL AMOUNT FRANCHISE FRANCHISE 33 YEAR REDUCTION PROGRAMMING REMAINING FEES : FEES 34 35 1981 N.A. N.A. N.A. 3,070 N.A. 36 1982 N.A. N.A. N.A. 10,576 N.A. 37 1983 N.A. N.A. N.A. 44,139 r N.A. 38 1984 21,863 2,733 30,062 54,658 32,795 39 1985 25,950 12,975 25,950 64,875 38,925 40 1986 28,357 14,179 28,357 70,893 42,536 41 1987 30,477 15,238 30,477 76,192 45,715 42 1988 32,746 16,373 32,746 81,865 49,119 43 1989 35,165 17,582 35,165 87,912 52,747 44 1990 38,058 19,029 38,058 95,145 57,087 45 1991 41,018 20,509 41,018 102,544 61,526 46 1992 44,161 22,080 44,161 110,402 66,241 47 48 TOTAL 297,795 140,699 305,994 802,275 446,693 49 50 -All values are stated in dollars. 51 -"N.A." indicates that relief does not apply for these years. Southwest Suburban Cable Commission COSTS TO THE C ITN EDINA (4/10/85} to 1 11 1 12 I 13 I 14 I 15 52 EDINA 53 COSTS OF 54 COSTS OF SUPPORT FULL (5%) REDUCED (3%) 55 FRANCHISE FEE OF LOCAL AMOUNT FRANCHISE FRANCHISE 56 YEAR REDUCTION PROGRAMMING REMAINING FEES FEES 57 58 1981 N.A. N.A. N.A. 5,884 N.A. 59 1982 N.A. N.A. N.A. 20,270 N.A. 60 1983 N.A. N.A. N.A. 84,595 N.A. 61 1984 41,902 5,238 57,616 104,756 62,853 62 1985 49,735 24,867 49,735 124,337 74,602 63 1986 54,348 27,174 54,348 135,871 81,522 64 1987 58,411 29,205 58,411 146,027 87,616 65 1988 62,760 31,380 62,760 156,899 94,139 66 1989 67,395 33,698 67,395 168,488 101,093 67 1990 72,940 36,470 72,940 182,351 109,410 68 1991 78,612 39,306 78,612 196,530 117,918 69 1992 84,637 42,318 84,637 211,592 126,955 70 71 TOTAL 570,740 269,657 586,453 1,537,600 856,110 72 73 -AllyaluesarestatedindoMars. 74 -"N.A." indicates that rehefdoesnotapplyfortheseyears. Southwest Suburban Cable Commission COSTS TO THE CITY HOPKINS (4/10/85) 10 11 12 13 I 14 I 15 75 HOPKINS 76 COSTS OF 77 COSTS OF SUPPORT FULL (5%) :REDUCED (3%) 78 FRANCHISE FEE OF LOCAL AMOUNT FRANCHISE : FRANCHISE 79 YEAR REDUCTION PROGRAMMING REMAINING FEES FEES 80 81 1981 N.A. 82 1982 N.A. 83 1983 N.A. 84 1984 14,307 L§5 1985 16,981 86 1986 18,557 87 1987 19,944 88 1988 21,426 89 1989 90 1990 24,905 91 1991 26,841 92 1992 28,898 93 94 TOTAL 194,872 95 N.A. N.A. 2,009 N.A. N.A. N.A. 6,921 N.A. N.A. N.A. 28,884 N.A. 1,788 19,672 35,767 21,460 8,491 16,981 42,453 25,472 9,278 18,557 46,391 27,835 9,972 19,944 49,859 29,915 10,714 21,428 53,571 32,143 11,506 23,011 57,528 34,517 12,452 24,905 62,261 : 37,357 26,841 67,103 : 40,262 14,449 28,898 72,245 43,347 92,071 200,237 524,993 292,308 96 -All values are stated in dollars. 97 --N.A.' indicates that relief does not apply for these years. Southwest Suburban Cable Commission COSTS TO THE CITY OF NNETONKA (4/10/85) 10 1 11 1 12 1 13 1 14 1 15 98 MINNETONKA 99 COSTS OF 100 COSTS OF SUPPORT FULL (5%) REDUCED (3%) 101 FRANCHISE FEE OF LOCAL AMOUNT FRANCHISE FRANCHISE 102 YEAR REDUCTION PROGRAMMING REMAINING FEES FEES 103 104 1981 N.A. N.A. N.A. 5,581 N.A. 105 1982 N.A. N.A. N.A. 19,226 N.A. 106 1983 N.A. N.A. N.A. 80,237 N.A. 107 1984 39,743 4,968 54,647 99,358 59,615 108 1985 47,172 23,586 47,172 117,931 70,758 109 1986 51,548 25,774 51,548 128,870 77,322 110 1987 55,401 27,701 55,401 138,503 83,102 111 1988 59,526 29,763 59,526 148,815 89,289 112 1989 63,923 31,961 63,923 159,807 95,884 113 1990 69,182 34,591 69,182 172,955 103,773 114 1991 74,562 37,281 74,562 186,404 111,643 115 1992 80,276 40,138 80,276 200,690 120,414 116 117 TOTAL 541,333 255,763 556,237 1,458,377 812,000 118 119 -All values are stated in dollars. 120 --N.A." indicates that relief does not apply for these years. Southwest Suburban Cable Commission COSTS TO THE CITY t. ICHFIELD (4/10/85) 10 I 11 I 12 I 13 I 14 I 15 121 RICHFIELD 122 COSTS OF 123 COSTS OF SUPPORT FULL f 5%) REDUCED {3%) 124 FRANCHISE FEE OF LOCAL AMOUNT FRANCHISE FRANCHISE 125 YEAR REDUCTION PROGRAMMING REMAINING FEES FEES 126 127 1981 N.A. N.A. N.A. 4,806 N.A. 128 1982 N.A. N.A. N.A. 16 556 f N.A. 129 1983 N.A. N.A. N.A. 69,094 N.A. 130 1984 34,224 4,278 47,058 85,561 51,336 131 1985 40,622 20,311 40,622 101,554 60,932 132 1986 44,390 22,195 44,390 110,974 66,585 133 1987 47,708 23,854 47,708 119,269 71,562 134 1988 51,260 25,630 51,260 128,149 76,890 135 1989 55,046 27,523 55,046 137,615 82,569 736 1990 59,575 29,787 59,575 148,937 89,362 137 1991 64,208 32,104 64,208 160,519 96,311 138 1992 69,128 34,564 69,128 172,821 103,692 139 140- TOTAL 466,160 220,246 478,994 1,255,855 699,239 141 142 -All values are stated in dollars. 143 -"N.A." indicates that relief does not apply for these years. Southwest Suburban Cable Commission Southwest Suburban Cable Commission TO: FROM: SUBJECT: MEMORANDUM Carl italic, Ken Rosland, Jim GeneIlia, Jim Miller and John Cartwright Ralph B. Campbell, III, Commission Administrator CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1985 Because Rogers Cablesystems-Southwest is suffering cash flow problems and local programming does not generate income for the company, Rogers would like to stop funding public access altogether by bringing their local programming budget to 80.00. The Commission objects to this abandonment of support, and, in order to insure that local programming is preserved, the Commission, at its 31 January 1985 meeting, directed staff to negotiate with Rogers the exact terms and conditions of the attached • CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and • CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES. CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES This contract requires both Rogers-Southwest and Rogers-Minneapolis to provide some support for local programming. The emphasis is toward supporting public, educational and governmental access programming. Leased access and local origination programming (programming done by Rogers) is de-emphasized. Support from Rogers-Minneapolis is only to cover costs ol services provided to the Minneapolis cable system by Southwest personnel and equipment. SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM: CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1985 The terms of this contract require Rogers to provide staff, equipment and other resources to maintain two fully functional studios, one in Eden Prairie and one in Edina. five editing systems Including special effects generators, wave form monitors, rwitchers, time base correctors and other equipment presently provided for editing, five Porta-Packs with lights and other equipment presently provided for field production, and a production van. In short, all equipment presently dedicated to public access would be retained. Two studios would close temporarily—those in Hopkins and Richfield. Discussions with Hennepin County Library officials indicate that the Library is increasing its use of the the Minnetonka studio located at Ridgedale, meaning progressively less time will be available for public access use. The Minnetonka studio, owned by Hennepin County would permanently close in one year. Rogers would spend approximately one percent (1%) or their gross revenues to meet the terms of this contract. Presently Rogers dedicates about five and one half percent (5-1127.) of their gross revenues to local programming. The term of this contract is the same as that for the RELIEF ORDINANCE as stated in Sections 6 and 7. CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES This contract requires Rogers to continue to provide three access coordinators and one educational consultant until the end of Rogers 1986 fiscal year. 31 August 1986. At that time the Commission shall have reviewed and approved a new local programming plan that may lead to Rogers continuing to provide access coordinators or the transfer of that role to another qualified organization. This contract requires the cities to reimburse Rogers for costs associated with the provision of access coordinators and an educational consultant including administrative overhead directly related to the activities of the access coordinators and educational consultant. This reimbursement will approximately equal °nee( the three present franchise fees retained by the cities. BOTH CONTRACTS Both contracts contain enforcement provisions to insure performance by Rogers. Among these provisions are liquidated damages requirements that would allow the cities to obtain services lost due to Rogers' nonperformance. If both contracts are adopted, the following resources would be available to access users in the Page 2 of 4 SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM: CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1983 Southwest: COMPARISON OF LOCAL PROGRAMMING STAFF AND MAJOR EQUIPMENT COMMITMENTS PEOPLE ORIGINALLY PRESENT REVISED PROMISED Programming Manager 1 1/2 1 Regional Video Technical Supervisor 1/4 1/4 Video Technician 1 2 Video Graphics Operator 1/2 1/2 0 Playback Operator 2 1-1/2 4 Access Coordinators 5 3 5 Assistant Access Coordinators (PT) 1 0 5 Educational Consultant 2 Secretary 1 TOTAL 12-3/4 8-3/4 20 EOUIPMENT Porta-Pacts 5 5 3 Editing Systems 5 5 4 Studios 5 2 3 Production Van 1 3 FUTURE ACTIONS OF COMMISSION Some public access users oblect to Rogers management of public access programming. In addition. there is evidence that Rogers wishes to abandon its public access commitments in the Southwest. Page 3 of 4 '09 SOUTHWEST SUBURBAN CABLE COMMISSION MEMORANDUM: CONTRACT FOR PUBLIC. EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES and CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS SERVICES Wednesday 10 April 1985 To respond to this concern, the Commission directed staff to hold a series of public meetings to collect information about other local programming organizations, plans and operations, and, to present for Commission review and approval: • a draft Request For Proposals (REP) for access coordinator services; • a draft comprehensive plan for local programming activities in the Southwest; and. • a recommendation as to the structure of the Southwest local programming administrative entity—a not-for-profit corporation or another structure. PUBLIC COMMENT The Commission's Negotiating Committee directed staff to hold a public meeting to present the draft revised local programming commitments and to receive comments from the public. This meeting was held at Edina City Hall on 26 December 1984. These are suggestions made by participants of this public meeting: • Provisions must be made to allow for the hiring of additional staff should needs arise. One way to accomplish this is to create another trigger mechanism--If a one week backlog for equipment use or maintenance develops and remains for one month, appropriate staff shall be added to alleviate the backlog. • All equipment presently dedicated to public access should remain so. This equipment should not be sold or disposed of without prior approval from the Commission. If such equipment is sold, the proceeds should be used to supplement the public access effort. Such proceeds should not be used to offset Rogers contribution to local programming. II this equipment is not liquidated. It should be maintained and made available to access users. • The hours of operation for the studios should be based upon use reports so that the studios are available to as many people as possible. • The Commission should explore contracting with entities, other than Rogers, to provide access coordinator services. • The Hennepin County television studio at the Hennepin County Library near Ridgedale in Minnetonka should be maintained as an access facility with an access coordinator assigned to this studio on an as-needed basis. Discussions with Library officials indicate that the Library will be Increasing their use of the this studio, meaning less and less time will be available for public access use. Because a review of access facilities indicates a need for two studios, the Commission may wish to consider retaining three studios at this time--those in Eden Prairie. Minnetonka and Edina. Page 4 of 4 ( HERBST 8c THUE, LTD. MEMORANDUM TO: Chairman Wayne Courtney Members of Southwest Suburban Cable Commission Ralph Campbell, Administrator FROM: Adrian E. Herbst, Attorney DATE: April 11, 1985 RE: Summary of Documents Delivered to Cities The purpose of this memorandum is to provide a brief background and explanation of the various documents being deli- vered to the Cities for review and action by them. Over the past several weeks the attorneys for the Member Cities have met to deal with the format of the various documents and to finalize the language that will be necessary for each Member City. A number of different documents are involved in taking action on the request of Rogers Cable Company to have the Cities in the Southwest suburban franchise provide the relief requested. The documents and a brief explanation are as follows: 1. Amendment Ordinance. This Ordinance will permanently amend each franchise of each Member City if adopted by that City. The purpose of this Ordinance is to deal with matters that require permanent amendment. The name of the company has changed since the franchise was granted, as has the Southwest Commission. Therefore those defi- nitions will be dealt with. The Southwest Commission recommended that action be taken at this time to extend the term of the franchise as an incentive for Rogers to obtain the necessary refinancing. The refinancing or change in financing is thought to be by the financial consultant hired by the Commission the most important long term requirement to improve the cash flow situation of the cable company. This amendment includes safeguards to ensure that such an extension is not effective unless all of the appropriate legal requirements are followed including any requirements of the state cable board or the Federal Communications Commission. The last area of change relates to modification of certain provisions included in the existing franchises with regard to insurance. Subsequent to the granting of the initial franchise -1- 7:1 I the cable company was unable to provide all of the insurance in complete conformance with the language existing in the franchise. It has been the position of several of the City Attorneys that the language with regard to insurance should conform to what can actually be provided by the cable company and that is what would be accomplished in this permanent amendment to the franchise. 2. The Relief Ordinance. The Relief Ordinance is intended to provide the authority for the relief requested by Rogers Cable Company. The Relief Ordinance does not permanently amend the existing franchise. The Relief Ordinance includes certain background and purpose information that will satisfy findings necessary to grant the requested relief. The relief that is being provided includes a reduction in franchise fees that were payable during the past year and those that will become due and payable during the term of the Relief Ordinance. Basically, the reduction is from a five percent (5%) franchise fee to a three percent (3%) franchise fee. The second item that is provided for by way of relief relates to a modification of the responsibility and financial support with regard to public, educational and governmental access. The local programming commitment of the cable company and its financial obligation to provide for that commitment is reduced. The cable company's obligation to provide local programming sup- port is in an amount up to one percent (I%) of its gross reve- nues. A similar obligation exists on the part of the Cities. The third area of change in the Relief Ordinance relates to the letters of credit and performance bonds. These are items that cost the cable company money to maintain. It has been recommended by the Commission that at least with regard to the per- formance bond that that expense not be maintained by the company unless later determined that it is needed. The Relief Ordinance includes a number of provisions with regard to the automatic termination of the relief granted. The termination provisions are intended to provide an incentive for the company to obtain new financing and there is basically a thirty (30) month time period within which to obtain new financing otherwise the Relief Ordinance terminates. In no event will the Relief Ordinance extend beyond March 1, 1992, unless further approved. Further, the termination clause contains a cumulative gross revenue amount which if achieved earlier than that time could result in an earlier termination. This amount was recommended by the financial consultant hired by the Commission and is in accordance with his projections and studies regarding this cable system. 3. Performance Agreement. The Performance Agreement also -2- includes two separate contracts. Those are attached as exhibits. The Performance Agreement is intended to deal with a number of concerns that the Commission had to grapple with in terms of the performance of the cable company on an ongoing basis. The problem of dealing with a request for relief is whether or not a similar request would be made next year or the following year because the company did not turn around and deal with the problems that brought about the cause for the request for relief. The Performance Agreement includes specific monitoring of the cable company by way of ongoing reporting so that the Cities as well as the Commission can more effectively monitor the perfor- mance of the company and see whether or not it is meeting the necessary financial requirements to place itself in a better eco- nomic condition. In reviewing those matters, the City and Commission will have the benefit of the financial consultant's report which contains projections and information that will pro- vide benchmarks or guidelines. The Performance Agreement deals with the matter of the local programming and the two contracts attached will provide a detailed explanation as to the manner of performance and how the Cities, the Commission and the cable company will participate on an ongoing basis during the term of the Relief Ordinance to assure that, although the financial support has been reduced, the performance of the local programming obligation will be met and done in the best fashion possible. The Performance Agreement also contains a provision to establish a group to deal with the Institutional Network. An Institutional Network, although proposed by the cable company, has not yet been developed in the Southwest. In order to make this a reality, there needs to be participation in the community that will demonstrate a desire to use it, to pay for its use and to make it happen. Whether or not the business community and the Institutions will have a need, desire or willingness to support an institutional network is something that must be dealt with before further action can be taken on what to do with regard to the proposed institutional network. If, in fact, there is not a need for it or a desire to support it, the Cities as well as the Commission want to know that before deciding final action since It may not make sense to impose the burden of paying for such a system on the cable company if that support does not exist. There is a provision in the Performance Agreement to deal with providing cable service in new areas that are developing. This was a matter of concern particularly to those communities that had many undeveloped areas. Further, the Performance Agreement provides that this responsibility shall not be reduced by any further cutbacks that the cable company might desire to make. Specifically, before the company would even propose such further cutback it would have to reduce first any management fees that the parent company receives from the system. -3- 7 2 Lastly, the Performance Agreement provides for a business plan to be prepared by the cable company so that the Cities are not placed in the position of having to make its management deci- sions. However, the Cities would have the authority, under this Performance Agreement, to require a management efficiency study should that become necessary. In summary, the Performance Agreement is comprehensive but is intended to place the burden on the cable company of taking responsibility for its financial condition and doing something about it. AEH:pms -4- tz L I ORDINANCE NO. 12,—IS AN ORDINANCE RELATING TO CABLE TELEVISION SERVICE, PROVIDING FOR MODIFICATION OF THE REQUIREMENTS OF THE CITY'S CABLE COMMUNICATIONS ORDINANCE THE CITY OF DOES ORDAIN: SECTION 1. SHORT TITLE. This ordinance shall be known as the "CATV Relief Ordinance." SECTION 2. BACKGROUND AND PURPOSE. The City has granted a cable television franchise through the adoption of city ordinance code sections the Cable Communications Ordinance (hereinafter called the ("Franchise"). The cities of and (the "Other Cities 's ) have adopted similar ordinances, all with the same franchise Grantee. Through the Southwest Suburban Cable Commission ("SWSCC"), a joint powers organization, the City and the Other Cities have undertaken to supervise Grantee's compliance with these ordinances. Since the adoption of the Franchise Grantee has constructed and is operating a cable communications system in City and the Other Cities. Grantee has approached the City indicating that it is experiencing serious financial difficulties and would be unable to pay the franchise fee due and payable on November 1, 1984. Grantee requested a temporary reduction of its Franchise obligations to allow for its financial recovery. City authorized the SWSCC to review Grantee's request and make recommendations for an appropriate response. SWSCC retained a financial consultant to assist in analyzing Grantee's financial condition, held several public meetings, and conducted a thorough review of Grantee's request. SWSCC determined that Grantee is experiencing serious financial difficulties caused by such adverse factors as higher than anticipated construction and operating costs, lower than projected market penetration, in- ability to obtain long-term financing at projected rates and other industry, economic and technological changes. SWSCC also concluded that Grantee cannot secure needed refinancing of its long-term debt, cannot continue to provide the present level of service and cannot become an economically viable enterprise unless the City grants a period of relief from some of the t,"(,) requirements of the Franchise. SWSCC recommends that the City grant temporary amendments to the Franchise, reducing the franchise fee payable now and in the future, eliminating the required performance bond, and modifying the provisions for local programming. In return, Grantee would execute a Performance Agreement pro- viding a means for monitoring Grantee's financial condition, assuring an adequate level of local programming, and providing for certain other matters related to Grantee's requested relief. The City has reviewed SWSCC's recommendations and has considered the option of requiring full payment of the past due franchise fee through use of Grantee's letter of credit, performance bond, and parent company performance guarantees. Grantee represents, however, that if the City and the Other Cities seek payment of past due franchise fees through resort to such securities, this would only make it more difficult for Grantee to solve its financial problems and would be counterproductive to any effort to provide relief to Grantee. In adopting this ordinance the City relies upon the represen- tations of Grantee and seeks to provide a means by which the public can continue to receive approximately the same level of service while affording Grantee a reasonable opportunity for financial recovery. The ultimate purpose of this ordinance is to secure, at a later time during the Franchise term, the full public benefits provided for in the Franchise. SECTION 3. RELATIONSHIP TO CABLE COMNUNICATIONS ORDINANCE. This ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise") but provides that certain provisions of that ordinance are modified for a period of time as provided in this Relief Ordinance. Except as expressly modified in this ordinance, the provisions of the Franchise remain in full force and effect. SECTION 4. DEFINITIONS. Subdivision 1. The definitions in the Franchise also apply to this ordinance. Subd. 2. In addition, the following words and phrases shall have the meanings given them: (1) "Existing indebtedness" means an $18,000,000 loan made to Grantee to Toronto Dominion Bank of Toronto, Canada under loan documents dated April 1, 1982. (2) "Fi-anchise" means the Cable Communications Ordinance as now or hereafter amended. (3) "Local Programming Obligations" means, for the purpose of this ordinance, Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. (4) "Performance Agreement" means a contractual agreement between Grantee, City and SWSCC providing a means for monitoring Grantee's financial condition, assuring an adequate level of local programming, and providing for certain other matters related to Grantee's requested relief. SECTION 5. RELIEF GRANTED. While this ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. Subdivision 1. Franchise Fees - Percentage. Commencing with Grantee's fiscal year 1985 the annual franchise fee is reduced from 5% of Gross Revenues to 3%. Such annual fees shall be paid to City in equal quarterly payments on or before the first day of each of the months of November, February, May and August next following the end of Grantee's fiscal year. If this ordinance terminates during any of Grantee's fiscal years, the franchise fee shall be restored to the rate of 5% of Gross Revenues at the end of the calendar month in which termination occurs. The restored rate of 5% and the reduced rate of 3% shall be applied respectively to the Gross Revenues collected only in the months during which each rate was in effect. The fees accruing at the restore(' -nte shall be paid in accordance with the terms of the French 3 ,- The fees accruing at the reduced rate shall be paid in e. quarterly installments in accordance with the terms of this ordinance. Subd. 2. Past Due Franchise Fees. The 1984 franchise fee in the amount of $ payable on or before November 1, 1984 shall be deemed fully discharged and paid if, but only if, Grantee pays the sum of (60%) to the City, in four equal payments on or before June 1, June 15, August 15 and October 15, 1985. Subd. 3. Letters of Credit. The City Council may by resolution reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public. It may thereafter, by resolution, require the amount of the Letter of Credit to be increased or fully restored to the amount of $50,000. Grantee shall comply with this requirement within - 3 - sixty days after written notice has been given by the City. Subd. 4. Performance Bond. The Grantee may dispense with the $300,000 performance bond required by the Franchise. The City Council may thereafter by resolution require that such bond, or a similar bond in a lesser amount, be provided by Grantee. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subd. 5. Local Programming Obligations. Grantee shall expend at least 1% of its annual Gross Revenues each fiscal year in fulfilling its Local Rrogramming Obligations under the Franchise for public, governmental, and educational access, but it shall not be obligated to expend more than that amount for such access. That amount shall not include any costs of operation or administration not directly related to the pro- vision of local programming. This expenditure shall be in complete satisfaction of Grantee's total Local Programming Obligations during the period of this ordinance. SECTION 6. AUTOMATIC TERMINATION OF RELIEF ORDINANCE PROVISIONS. The provisions of this ordinance, and the relief herein granted, shall cease to be effective, automatically, upon the occurrence of the earliest of any of the following events: Subdivision 1. Failure of the Grantee to complete refinancing its Existing Indebtedness by December 31, 1987 in accordance with Article II, Section 4 of the Franchise. Subd. 2. The end of the next month after Grantee has collected cumulative Gross Revenues in the amount of one hundred million dollars as measured from September 1, 1984. The determination of cumulative Gross Revenues shall be based upon audited financial statements for periods for which they are available and upon Grantee's operating reports for periods for which audited statements are not then available. Grantee shall provide City with its financial statements and financial operating reports promptly after they are prepared. Subd. 3. March 1, 1992. Subd. 4. Payment, discharge, or satisfaction of the Existing Indebtedness, except through refinancing as provided in Article II, Section 4 of the Franchise. Subd. 5. Payment, discharge, or satisfaction of the indebtedness arising from the refinancing provided in Article II, Section 4 of the Franchise. - 4 - Subd. 6. Failure of the Grantee to restore or replace the full required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subd. 7. Failure of the Grantee to pay the fees as required in Section 5, Subd. 2 of this ordinance. Subd. 8. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 5, Subdivisions 3 and 4 of this ordinance. Subd. 9. A holding or determination by any court or agency that any term, condition or provision of this Relief Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Subd. 10. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer of Grantee or any parent of Grantee. Subd. 11. Termination of the Franchise. SECTION 7. OTHER TERMINATIONS. This ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: Subdivision 1. All grounds for termination provided in the Franchise, except to the extent that Grantee's performance obligations are modified in this ordinance. Subd. 2. The purchase by Grantee, its general partner, or any parent, subsidiary, affiliate or other related corporation of Grantee or its general partner, of a cable communications system or any part thereof or interest therein, located within the seven-county metropolitan area as defined in Minnesota Statutes, Section 473.121, Subd. 2. For this purpose the definition of a cable communications system shall be as that term is currently defined by the Board. Such a purchase shall not be grounds for termination of this ordinance, however, if the Grantee demonstrates to the reasonable satisfaction of the City that the purchase (1) will not impair the operating cash flow or financial position of Grantee and (2) will involve independent financing of the purchase without resort to the assets of the System. - 5 - Subd. 3. Failure of the Grantee to comply with any of the provisions of the Performance Agreement. SECTION 8. REQUESTS FOR FURTHER RELIEF. No request by the Grantee for any further relief from the requirements of the Franchise, including a request for an extension of the term of this ordinance, shall be considered by the City unless that request is made in writing prior to September 1, 1990. The City shall have no obligation what- soever to consider or grant any such request, and any response to such request shall be at the sole discretion of the City. SECTION 9. ACCEPTANCE OF THIS RELIEF ORDINANCE; PROVIDING OF GUARANTEES. This ordinance shall be accepted by Grantee in accordance with the provisions of Article XIV of the Franchise. This ordinance shall not become effective until Grantee has executed and delivered to the City the written Performance Agreement and attached contractual documents. Passed by the City Council of the City of Minnesota this day of , 1985. City Mayor ATTEST: City Clerk ORDINANCE NO. 13-85 AN ORDINANCE AMENDING ORDINANCE NO. 80-33 AS AMENDED BY ORDINANCES NO. 25-83 AND 46-83 TO CHANGE THE NAME OF THE GRANTEE; TO EXTEND THE FRANCHISE TERM; TO CHANGE THE INSURANCE REQUIREMENTS; AND TO CHANGE THE COMPUTATION OF THE PURCHASE PRICE TO BE PAID BY THE CITY UPON EXPIRATION OF THE FRANCHISE. THE CITY OF EDEN PRAIRIE, MINNESOTA DOES ORDAIN: SECTION 1. That Article I, Section 2, Paragraphs J and S of said Ordinance be amended to read as follows: J. "Grantee" is Minnesote-feb-lesystems-frout-h....nest-Rooers Cablesystems of Minnesota Limited Partnership, a Minnesota limited partnership, with Rooers Cablesvstems of Minnesota, Inc., a Minnesota corporation, as the General Partner r--i-te-n-t,s--o-&. employees; S. "SWSCC" shall mean the Southwest Suburban -CAT-V-49-t-udy- Cable Commission. SECTION 2. That Article II, Section 4 of said Ordinance be amended to read as follows: This Franchise shall commence upon acceptance by Grantee and shall expire on December 31, 1995. Provided, however, that if by December 31, 1987, Grantee (i) is able to close on, and have fundecl, without conditions, new long term financing, reasonably satisfactory to City, to replace the obligation evidenced by loan documents dated April 1, 1982, from Grantee to Toronto Dominion Bank of Toronto, Canada, in the original principal amount of Eighteen Million and No/100 Dollars ($18,000,000.00) (the "Existing Indebtedness"), and (ii) gives written notice of such new financing to City with written evidence thereof reasonably acceptable to City, then, upon the occurrence of (i) and (ii) by December 31, 1987, the term of this Franchise shall be extended by four (4) years, from December 31, 1995 to December 31, 1999, subject, however, to approval of such extension by the Boardi_if reguired, and the FCC if reauired, and any other oovernmental body having jurisdiction over the matter, if reauired. If any such amarovals are reouired, City and Grantee agree to cooperate in obtaining such approvals. If any such approvals are reauired, and are not obtained, for any reason, then the four (4) year extension shall not become effective. If such extension becomes effective, Grantee and City shall sign and deliver an agreement evidencing such extension but such extension shall be effective even without such additional agreement. SECTION 3. That Article V, Section 2 of said Ordinance be amended by adding thereto a new Paragraph F as follows: 4152C(18):TSE:041185 F. City may waive, at any time and from time to time, for good cause shown by Council resolution, compliance by Grantee with any or all of the reauirements imposed on Grantee by this Section 2 relative to providing service to any extended area or areas. SECTION 4. That Article VIII, Section 2, Paragraph A, subparagraph (4) of said Ordinance be amended to read as foll o w s : (4) Any and all claims which Grantee may now or hereafter have or claim to have against City, its officers, boards, commissions, servants, agents, employees or officials, due to or arising out of, damage to any of Grantee's property or equipment, including, without limitation, resulting or consequential loss of income, injury to reputation, or any other resulting or .consequential damages of any kind, caused by or resulting from acts or omissions of City or any of its officers, boards, commissions, servants, agents, employees or officials. SECTION 5. That Article VIII, Section 3, Paragraph A of said Ordinance be amended to read as follows: A. Grantee shall maintain liability insurance covering its obligations of indemnification provided for in, or as a result o f the exercise of, this Franchise (except, however, for the indemnifications in subnaraaraph (3) of Article VIII, Secti o n 2 , Paraaraph A of this Franchise) covering both the City and G r a n t e e and shall maintain said insurance during the term of this Fra n c h i s e in the minimum of: 1. $500,000.00 for property damage to any one person; 2. $2,000,000.00 -for property damage in any one act or occurrence; 3. $1,000,000.00 for personal injury to any one person; and A. $2,000,000.00 for personal injury in any one act Or occurrence. The foreaoina insurance may be provided by means of a blank e t liability insurance policy or policies with an annual aggre g a t e limitation of not less than $26,000,000.00. SECTION 6. That Article VIII, Section 3, Paragraph E of said Ordinance be amended to read as follows: -2- 4152C(18):TSE:041185 E. All insurance policies maintained pursuant to this Franchise shall contain the following endorsements and provisions: (i) It is hereby understood and agreed that this insurance policy may not be cancelled nor the intention not to renew be stated until 60 days after receipt to City, by registered mail, of written notice of such intention to cancel or not to renew. (ii) A waiver of subrogation, in form and substance acceptable to City, as to any and all claims against the City which are waived hereunder by Grantee or as to which Grantee has aareed hereunder to indemnify and hold harmless the City and its officers, boards, commissioners, servants, officials, agents and employees. A provision that if the aggregate insurance coverage of the blanket policies Provided by Grantee is ever reduced below $10,000,000.00, then notice of such fact shall promptly be given to City by Grantee or Grantee's insurance agent and additional liability coverage shall immediately be purchased by Grantee so as to restore the annual aggregate to the minimum amount then required under this Franchise. SECTION 7. That Article XI, Section 2, Paragraph C of said Ordinance be amended to read as follows: C. The purchase price of the System to be paid by City upon revocation or termination of the Franchise shall be the cost less depreciation (as shown on the books and records of Grantee) or the fair market value, whichever is less, and goodwill shall not be included in the purchase price of the System. However, if this Franchise expires (and is not revoked or terminated) and if Grantee has complied with the requirements of Article II, Section 4 of this Franchise, and all required approvals are obtained, so that the Franchise term is extended for an additional four (4) years pursuant to said Section 4, then the purchase price of the System to be paid by City =on expiration of this Franchise shall be the fair market value of the System determined on the basis of the System valued as a (ming concern but with no value given or allocated to this Franchise itself. If the City and Grantee cannot agree on the purchase price, it shall be determined by arbitration pursuant to the provisions of this Section 2. SECTION 8. This Ordinance will be effective in accordance with the provisions of Article XIV of said Ordinances including delivery -3- 4152C(18):TSE:041185 to City of the acceptance, opinion of legal counsel, guarantees and other documents as required by said Article XIV. SECTION 9. Subject to the provisions of Section 8 hereof, this Ordinance shall be in full force and effect upon adoption and publication. Passed and adopted this day of , 1985. City of , MINNESOTA By Its And Its -4- PERFORMANCE AGREEMENT This Agreement is made this day of 1985, between ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP ("Grantee"), a Minnesota limited partnership, ROGERS U. S. CABLESYSTEMS, INC. ("Parent"), a Delaware corporation, the CITY OF , MINNESOTA ("City"), a municipal corporation and political subdivision of the State of Minnesota, and the SOUTHWEST SUBURBAN CABLE COMMISSION ("SWSCC"), a joint powers organization created by the cities of Eden Prairie, Edina, Hopkins, Minnetonka, and Richfield, Minnesota ("Member Cities"). Section 1. Background. The City has awarded to Grantee a cable communications franchise pursuant to the Cable Communications Ordinance ("Franchise"). Due to serious financial difficulties, Grantee has requested relief from certain requirements of the Franchise. The City has granted such relief pursuant to Ordinance NO. ("Relief Ordinance") conditioned upon the execution and performance of this Agreement. The relief granted includes a reduction in the requirements for franchise fees, financial security and the level of local programming. By the terms of this Agreement, the City desires to provide a means for monitoring Grantee's financial condition, to assure an adequate level of local programming, and to provide for certain other matters relating to the requested relief. Section 2. Definitions. The words and phrases used in this Agreement shall have the meaning given to them in the Franchise and Relief Ordinance. Section 3. Term. This Agreement shall commence upon execution and shall cease upon termination of the Relief Ordinance. Section 4. Local Programmina. 4.01. The parties agree to cooperate with one another to ensure that the level of local programming is maintained and the needs of users are met. The City reserves the right to determine the organizational structure for any responsibilities which it chooses to undertake, and Grantee shall fully cooperate with City or any designee of City. 4.02. The obligations and responsibilities of the Grantee with respect to public, educational, and governmental access faci- lities shall be accomplished according to the terms of a contract between Grantee and SWSCC. This contract shall be executed by the two parties and be in the form attached as Exhibit A or similar form approved by SWSCC. 4.03. The Grantee's responsibilities for public, edu- cational, and governmental access personnel shall be established pursuant to a contract between Grantee and SWSCC. This contract shall be executed by the two parties and be in the form attached as Exhibit B or similar form approved by SWSCC. 4.04. After August 31, 1986, the City may choose to authorize SWSCC to contract for public, educational, and govern- mental access personnel with Grantee or contract with another - 2 - -7 ) C-1 person or entity. Nothing herein shall be construed to require City to contract with Grantee for such personnel after August 31, 1986. 4.05. During the term of this Agreement, the City shall pay to Grantee an amount equal to ("Annual Fee") in equal monthly installments payable in advance on the first day of each month to assist in the provision of local programming. 4.06. Nothwithstanding -paragraph 4.05 and unless the parties otherwise agree, the Annual Fee payable by Grantee shall, upon six (6) months prior written notice to City, be determined for each year after the_year ending August 31, 1985, based on the sum of the Annual Fee for the prior year plus the product of (A) such Annual Fee times (B) a fraction, the numerator of which equals eighty percent (807.) of the difference between (1) the Consumer Price Index for the quarter last published prior to the commencement of such year and (2) the ConsumerPriceIndex, for the comparable quarter of the preceding year, and the denominator of which equals the Consumer Price Index for the comparable quarter of the preceding year; provided, however, that the Anhual Fee shall not increase in any year by more than ten percent (107.) over the fee for the prior year. The Consumer Price Index used shall be the ConsumerPrice Index - All Urban Consumers for the Minneapolis-St.Paul Metropolitan Area (1967 = 100), published by the United States Bureau of Labor Statistics. If such index - 3 - is at any time not published, then the City and Grantee shall select a reasonable substitute index. 4.07. Upon the termination of this Agreement the par- ties shall review in good faith any transition to be made in the organizational structure of local programming. The transition in the organizational structure may include but not be limited to local programming responsibilities reverting to Grantee, a continuation of the then existing organizational structure, or the continuation of the then existing organizational structure with additional support from Grantee. Section 5. Institutional Network. 5.01. The parties acknowledge that Grantee has not complied with provisions of the Franchise relating to the insti- tutional network. Due to changes in the cable communications industry, community needs, and financial projections since the granting of the Franchise, the need for and economic viability of an institutional network must be re-examined. It is also recognized that institutional networks have not generally suc- ceeded without substantial public initiation. In light of these factors, and in order for the City to make a final determination on the development of an institutional network, there is by this Agreement created the SOUTHWEST INSTITUTIONAL NETWORK GROUP ("SWING"). 5.02. SWING shall consist on nine (9) members, includ- ing a chairperson appointed by the SWSCC. Within sixty (60) days after the chairperson's appointment, Grantee shall appoint four - 4 - (4) members. SWSCC shall first consult with the Member Cities before making these appointments. Grantee and SWSCC shall attempt to appoint qualified people with appropriate school, industrial, institutional, and/or financial experience. 5.03. The staff of Rogers and SWSCC shall staff SWING. 5.04. Within eighteen months from the date of this Agreement, a final report of SWING containing recommendations shall be provided to each party. The report shall include, but not be limited to, recommendations on whether or not construction should occur, time for construction, method of financing construc- tion and any special institutional services suggested or having a clear community need. During the time period for preparation of the report, the City will require Grantee to comply with the Franchise provisions with respect to the institutional network. 5.05. In preparing its report and recommendations, SWING shall take into account the economic viability of such a network on a stand alone basis and the effect, if any, the construction of the network would have on the financial condition of Grantee and residential subscriber rates. 5.06. The City shall have no obligation to respond to the recommendations, and any response will be at the City's sole discretion. Section 6. Service to New Residential Developments. 6.01. City acknowledges that extensions of the System to new residential developments before those residential develop- - 5 - -(0 ments are completed leads to frequent damage to the System. This damage to the System results in increased construction costs passed on to subscribers, the interruption of service to many subscribers, and increased maintenance expenses. 6.02. In recognition of these costs and disruptions, Grantee and City agree that the System need not be extended to new residential developments until those developments are suffi- ciently complete to minimize the above described problems as reasonably determined by Grantee. 6.03. Notwithstanding anything to the contrary, City may require Grantee to extend the System to any new residential development in accordance with the terms and conditions of the Franchise as amended, and Grantee shall bear the burden of estab- lishing, to the satisfaction of the City that the additional costs and disruptions to the System described above necessitates a delay. 6.04. Except as provided for above, Grantee shall not delay construction of any part of the System until such time as Grantee and Parent first reduce the Parent's management fee in an amount approved by the City. The portions of the System to be delayed shall also be approved by the City. Section 7. Reports and Reviews. 7.01. Organization Efficiency Study. At any time during the term of this Agreement, or if at any time during the term of this Agreement Grantee seeks further modifications to the -6- Franchise, the City may require Grantee to contract for a detailed analysis of Grantee's operating efficiencies with an independent consulting firm expert in that field and not objected to by the City. A. The contract shall be in an amount negotiated by Grantee and shall clearly describe a study and will examine fully and completely any wastes, duplication or other operating ineffi- ciencies. A copy of the final contract between Grantee and the independent consulting firm shall be provided to the City. B. The City reserves the right to participate in over- sight of the study, to receive copies of reports and communica- tions between consultant and Grantee, to make recommendations on the manner or means of the study to ensure a quality report, and to receive reports as to the status and progress of the study. C. If the study is requested by the City, Grantee shall bear fifty percent (507.) of the cost of the study. If the study is required due to actions of Grantee, Grantee shall pay for the entire cost of the study. D. The study shall be completed within six (6) months from the date it is required and a copy of the final report shall be furnished to the City. At that time, Grantee agrees to enter into good faith negotiations with the City concerning proposed changes based on the study recommendations, if the City deter- mines that it is in the best interests of the City to do so. E. The City agrees that if it determines that the report includes trade secret information of Grantee, as defined in the Minnesota Government Data Practices Act, Minn. Stat. -7- §13.37, subd. 1(b), those portions of the report shall be classi- fied as nonpublic data. 7.02. Monthly Reports. Grantee shall provide to the City copies of its monthly reports provided to the Parent concern- ing subscriber statistics, when and if such reports are prepared. 7.03. Quarterly Financial Statements. Grantee shall provide unaudited quarterly financial statements to the City. a. Upon request of the City, Grantee shall meet the .City to review the quarterly financial statements and Grantee's progress towards economic viability. B. Upon request of the City, Grantee shall supplement the quarterly financial statements within a written report summariz- ing Grantee's activities for the quarter and addressing any specific questions raised by the City. 7.04. Semi-Annual Reports. Grantee shall provide the City with written progress reports every six (6) months concern- ing the refinancing of the System referenced in Article II, Sec- tion 4 of the Franchise as amended. These reports shall include, without limitation, written confirmation from the principal financial institution or institutions that such negotiations are taking place and establishing to the reasonable satisfaction of the City that progress towards the refinancing is taking place. -8- 7.05. Annual Report. Grantee shall submit an annual report in a form provided to it by City within one hundred and twenty (120) days after the close of Grantee's fiscal year. City shall provide Grantee with this form six (6) months prior to the end of Grantee's fiscal year and it shall contain a description of the information reasonably required to inform City of Grantee's progress toward economic viability. The information to be provided shall include at a minimum: A. Subscriber statistics for the year; B. A financial statement; C. Changes in management; D. Changes in ownership; E. Marketing activities; F. Evidence of the need for continued relief; G. Progress in procuring new financing, if applicable; H. Subscriber and revenue projections for the next fiscal year. The annual report shall be in addition to all other required reports and is intended to help City determine Grantee's com- pliance with the terms and conditions of this Agreement, the Franchise and Relief Ordinance, and progress towards economic viability. In assessing Grantee's financial progress, the City may consider the financial projections in the Touche Ross report dated 7.06. Business Plan. No later than thirty (30) days prior to the commencement of each of its fiscal years, Grantee shall submit to the City a business plan and any supporting docu- mentation requested by the City for the upcoming fiscal year. - 9 - (5'3 The business plan shall outline the methods by which Grantee intends to resolve cash shortage and other financial problems. A. The City shall review the plan to assure compliance with requirements of the Franchise, Relief Ordinance, and this Agreement. The City shall have thirty (30) days after receipt of the business plan in which to notify Grantee, in writing of any objection(s) to that plan and the basis of that objection. B. No further reductions shall be made to the letter of credit, franchise fee, line extensions, institutional network, local programming, or the mix, quality or level of services offered by Grantee without advance written approval of the City. C. If City does not notify Grantee of an objection within the time described in paragraph A above, Grantee may proceed to implement the business plan. D. If the City notifies Grantee of an objection within the time described in paragraph A above, the City and Grantee shall meet in good faith to resolve the objection and the business plan shall not be implemented by the Grantee until the objection(s) is resolved to the satisfaction of the parties. 7.07. Additional Reports. Grantee shall prepare and furnish to the City, at the times and in the form prescribed by the City, such additional reports with respect to its operations, affairs, transactions, or property which City deems necessary. Where possible the City shall utilize reports that have been already prepared by Grantee. - 10 - 061.4 7.08. Formof Reports. All reports required of Grantee shall be prepared as follows: A. All financial statements or other financial reports shall be prepared in accordance with generally accepted account- ing principles and certified by Grantee's chief financial officer. B. All other reports shall be signed and verified by at least one (1) officer authorized to sign on behalf of Grantee and acknowledged before a notary public. 7.09. Annual Review. Within sixty (60) days of receipt of the annual report, the City shall conduct an annual review of Grantee's performance. A. Grantee shall, as a part of such annual review, establish to the satisfaction of the City that the terms of the Relief Ordinance should continue by demonstrac1“6that the events causing termination of the Relief Ordinance have not occurred. Grantee shall respond to other questions and requests from the City at the time of the annual review concerning Grantee and its financial condition. B. Upon a written determination by the City that Grantee has failed to meet the showing required above, the City may require Grantee to enter into good faith negotiations to modify or terminate the Relief Ordinance. C. In the event Grantee fails to negotiate in good faith, the City may terminate the Relief Ordinance. L 7.10. Annual Subscriber Survey. A. No later than June 1 of each year, Grantee shall conduct a survey of its subscribers concerning satisfaction with the programming offered by Grantee and satisfaction with the overall quality of service provided by Grantee. The manner and form of the survey and any questionnaires shall be approved by the City and designed to provide statistically reliable infor- mation. B. At least thirty (301 days prior to the survey being conducted, Grantee shall contact the City concerning any specific information which the City would like to ascertain through the survey. Grantee will make a good faith effort to incorporate any requests from the City into the survey. C. The results of the survey shall be discussed with the City at the next meeting scheduled to discuss quarterly financial statements. The City shall have the right to inspect and review subscriber-returned surveys. Section 8. Cost Reimbursement. On or before June 1, 1985, Grantee agrees to reimburse the SWSCC and its Member Cities for their costs and expenses incurred in responding to Grantee's request for relief, including but not limited to attorneys' fees, consultant fees, and costs of publication. This obligation shall not exceed a total amount of $60,000.00. Section 9. Cooperation Between Parties. The city and Grantee shall meet regularly or at the request of any party during the term of this Agreement to continue evaluation of solutions to financial and other - 12 - related problems of the System. Grantee recognizes that although these discussions will continue, the City specifically reserves the right to explore the option of securing and using public financing to acquire, own and operate the System, or contract for operation, if Grantee is unable to secure the refinancing of its long-term debt. Section 10. Good Faith. Grantee represents and warrants that it has sought the relief provided in this Agreement and the Relief Ordinance in good faith and that it will not in any way, either directly or indirectly, use the relief provided in this Agreement and the Relief Ordinance to facilitate a sale or transfer of the System. Section 11. Franchise Fee Validity. Grantee agrees that the temporary reduction of the franchise fee provided in the Relief Ordinance in no way affects the validity of the franchise fee established in the Franchise. Grantee further agrees that it will in no way challenge the validity of the franchise fee established in the Franchise when that fee is restored upon termination of the Relief Ordinance. 11.02. Grantee represents and warrants that the rates now in force and effect and those rates to be in force and effect in the future include all costs of a five percent (57) franchise fee. Section 12. Breach. Any breach of this Agreement by Grantee shall consti- tute cause for termination of the Relief Ordinance. - 13 - q(/) Section 13. Miscellaneous Provisions. 13.01. No Recourse Against City. Grantee shall have no recourse whatsoever against City and its elected officials, agents, employees or commissions for any loss, costs, expense or damage arising out of any provision or requirement of this Agree- ment or Relief Ordinance or because of the enforcement of this Agreement or Relief Ordinance. 13.02. Indemnification. Grantee shall indemnify and foreverholdharmless City, its respective agents, elected offi- cials, employees, and commissions, from and against any and all liabilities, claims, losses, damages, costs and expenses (includ- ing without limitation, reasonable attorneys' fees) arising out of the breach or performance by Grantee of any provision of this Agreement or the Relief Ordinance. Nothing herein shall affect the duty or obligation of Grantee to indemnify City and maintain adequate liability insurance pursuant to the terms and conditions of the Franchise. 13.03. Severability. If any term, condition, or pro- vision of this Agreement or Relief Ordinance or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, this Agreement shall be null and void. 13.04. Complete Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modification or additions shall be binding. No verbal or written statementof the parties shall be considered a - 14 - g0( modification of this Agreement except by a written document signed by the parties expressly stating that it is modifying the Agreement and setting forth the new conditions or provisions of the Agreement. 13.05. Governing Law. This Agreement shall be inter- preted in accordance with the laws of the State of Minnesota. 13.06. Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such Captions shall not affect the meaning or interpretation of this Agreement. 13.07. Interpretation. In the event of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Agreement or Relief Ordinance, the City, in its sole discretion, shall resolve such dispute or questions. 13.08. Other Laws. This Agreement is subject to federal, state and local laws and rules and to the requirements of the Federal Communications Commission and the Minnesota Cable Communications Board. 13.09. Notices. All notices, reports or demands required to be given in writing under this Agreement shall be deemed to be given when personally delivered to any officer of Grantee or Parent or City's Administrator of the Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: - 15 - uc) If to Grantee: If to Parent: If to SWSCC: If to City: This Agreement is accepted, and we agree to be bound by all its terms and conditions. CITY OF By By Its: Its: - 16- 10 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing was subscribed and sworn to before me this of ,19 , by th and under the laws ot on behalf of the Notary Public SOUTHWEST SUBURBAN CABLE COMMISSION By By reF: day and STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing was subscribed and sworn , 19 , by the of to before me this day of and and a under the laws of on behalf of the Notary Public ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP a Minnesota Limited Partnership By: ROGERS U. S. CABLESYSTENS, INC. The General Partner By Its: - 17 - STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 , by the of Rogers U. S. CaUrFiystems, Inc., a Delaware cororation, the General Partner of Rogers Cablesystems of Minne- sota, Limited Partnership, a Minnesota Limited Partnership, and on behalf of said limited partnership. Notary Public ROGERS U. S. CABLESYSTEMS, INC. a Delaware Corporation By STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 , by ,the of Rogers O. S.--ablesystems, Inc., a Delaware corporation, and who acknowledged he was the of the said corporation and authorized to sign this Agreement on behalf of the General Partner of Rogers Cablesystems of said corporation. Notary Public - 18 - EXHIBIT A CONTRACT FOR LOCAL PROGRAMMING FACILITIES THIS AGREEMENT is made and entered into this day of , 1985, by and between the SOUTHWEST SUBURBAN CABLE COMMISSION (hereinafter Commission) and ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP (hereinafter Company), a Minnesota limited partnership. WITNESSETH WHEREAS, Company pursuant to Chapter 238 of the Minnesota Statutes and pursuant to the Cable Communications Ordinance of member cities has been granted a franchise to construct, own and operate a cable communications system in the cable service terri- tory; and WHEREAS, residents of the cable service territory will bene- fit from valuable public access opportunities available through the cable communications system of Company; and IN CONSIDERATION of the covenants, conditions, undertakings and promises contained herein the parties agree as follows: SECTION I DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number -1- 6)13 include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1.01 Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of the Company. 1.02 Cablecast shall mean programming in a video, audio or data format transmitted through the cable communications system to users and subscribers. 1.03 Cable Communications System or System shall mean the cable communications system to be owned, constructed, installed, operated and maintained within the ., franchise area for the provi- sion of broadband telecommunications services. 1.04 Channel or Television Channel shall mean a six megahertz (6 MHz) frequency band, including adjacent vertical blanking interval, which is capable of carrying one standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals. 1.05 Franchise Area shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota together with any future annexations or lawful expansions. 1.06 Prooramming shall mean any video, audio, text on data signal carried over the system. 1.07 Subscriber Network shall mean a single trunk 440 MHz cable activated with 54 downstream channels and 4 return or -2- upstream channels. 1.08 User shall mean any person who utilizes the System studio or facilities, whether for a charge or without charge. SECTION TWO STUDIOS 2.01 Location. Company shall make available for access the following premises and facilities, further identified on the floor plans which is attached as Exhibit 1, attached hereto and made a part hereof, for access use subject to the limitations set forth herein. 2.02 Initial Condition of Premises. Commission acknowledges that it has examined the above-described premises and that said premises are now in good and satisfactory condition. Company represents that it is aware of no substantial defect in the pre- mises which was not reasonably observable by Commission and that Company is aware of no condition, restriction or limitation that would interfere with the use of said premises for public access studios. 2.03 Hours of Availability. The studios described above shall be available for access use from 8:00 a.m. until midnight, seven days per week, except legal holidays as defined at Minn. Stat. S645.44 subd. 5, as it may from time to time be amended. Company shall provide all Users unimpeded entry and exit to and from the studios during all hours of studio availability. 2.04 Alterations and Imnrovements. -3- A. Company shall make no material alterations or improvements in the studios without the advance written consent of Commission. Results of such improvements or alterations shall not interfere with the use of said premises for access purposes. Such altera- tions and improvements shall be made in a good and workmanlike manner and in compliance with all laws and regulations of any governmental agency having jurisdiction over said premises. B. Nothing herein shall prohibit the parties from mutually agreeing to alterations and improvements at a future date and the sharing of necessary and reasonable costs in an equitable manner. 2.05 Maintenance and Repair. A. The Company shall have the responsibility to ensure that the studios are maintained and kept in good repair and order. 1. All maintenance, repairs and replacement shall be made promptly and in good and workmanlike manner and so that the defective portions of said premises are put in good and satisfactory condition. B. In the event Commission determines, in its sole discre- tion, that the condition of said premises represent a threat to the safety and welfare of Users or that the condition of said premises is unsuitable for access Users due the need for repair or maintenance, Commission may undertake such repairs or main- tenance provided that Company shall first be given ten (10) busi- ness days advance notice and the opportunity to undertake such -4- repairs or maintenance. The time for Company to undertake such repairs or maintenance may be extended by Commission. 1. If, pursuant to paragraph 13 above, Commission repairs or maintains the premises, Commission may charge Company for Commission costs in undertaking such repairs or maintenance including reasonable overhead. 2. If, pursuant to paragraph 1 above, Commission repairs or maintains the premises such action shall be docu- mented within thirty (30) days and invoices shall be sub- mitted to Company at such time. Payment shall be due upon receipt of such invoices. 2.06 Hazard Insurance. Company shall, at all times during the term of this Agreement procure and maintain at Company's expense fire insurance with an extended coverage endorsement, insuring the improvements located on the premises to the full extent of the insurable value thereof. SECTION THREE EQUIPMENT 3.01 Access Ecuipment. Company shall, at a minimum, locate the equipment set forth in Exhibit 2, attached hereto and made a part hereof, at the designated studio for access use. Commission shall not acquire any title or interest in the equipment, either legal or equitable, except as expressly granted herein. A. The equipment set forth in Exhibit 2 shall at all times be the sole and exclusive property of Company. Commission shall -5- have no rights or property interest in the equipment except for the right to use the equipment in the normal operation of access. B. Company shall keep the equipment at all times free and clear from all claims, levies, liens, encumbrances and process except where necessary for refinancing pursuant to the Relief Ordinance of member cities. Company shall give Commission imme- diate written notice of any such attachment or other judicial process affecting any article of equipment. C. Company shall not pledge, lend or create a security interest in or sublet the equipment or any part thereof or attempt in any manner to dispose thereof or remove the equipment, or any part thereof, from the designated studios without Commission prior written consent, except where necessary for refinancing pursuant to the Relief Ordinance of member cities. D. Company shall display notice of Company's ownership on each article of equipment by means of a suitable stencil, label or plaque affixed thereto. 3.02 Transportation and Installation. Company shall be responsible for the costs of transportation of the equipment to the designated studios and for the costs of installation of the equipment. All equipment set forth in Exhibit 2 shall be installed or otherwise located at the studio site(s) within sixty (60) days of the execution of this Agreement unless the time is extended by the Commission. 3.03 Commission Insrection of Equioment. Commission shall -6- oil inspect the equipment within thirty (30) days of the installation of the equipment as set forth in Section 3.02 hereof. Unless Commission within such period of time gives written notice to Company specifying any defect in or other objection to the equip- ment, Commission agrees that it shall be presumed that Commission has fully inspected and acknowledged that the equipment is in good condition and repair, and that Commission is satisfied with and has accepted the equipment in good condition and repair. 3.04 Reoair of Equipment. A. Company shall maintain all equipment in good operating condition and repair and shall repair, fix, replace or adjust such equipment promptly. B. In the event Commission determines, in its sole discre- tion, that any item of equipment set forth in Exhibit 2 is not in good operating condition and repair, Commission may repair, fix, replace or adjust such equipment provided that Company shall be given five (5) business days advance notice and the opportunity to repair, fix, replace and adjust such equipment. The time for Company to repair, fix, replace and adjust such equipment may be extended by Commission. C. If, pursuant to paragraph B above, Commission repairs, fixes, replaces or adjusts any item of equipment, Commission shall have such work done by a vendor, approved in advance by Company in accordance with paragraph F below charge Company for Commission costs in repairing, fixing, replacing or adjusting -7- said equipment including reasonable overhead and the cost of any special items needed to maintain or repair the equipment. D. If, pursuant to paragraph C above, Commission repairs, fixes, replaces or adjusts any item of equipment such action shall be documented within thirty (30) days and paid invoices shall be submitted to Company at such time. Payment shall be due upon receipt of such invoices. E. Company shall keep maintenance records and logs of all production equipment on standard forms indicating the nature of any repairs and/or maintenance and the date of same. Such records shall be retained for the term of this Agreement and shall be available for inspection by Commission during regular business hours upon forty-eight (48) hours advance notice. F. During the term of this Agreement, Company shall main- tain on file with Commission a list of at least one firm, busi- ness or institution located within the seven-county metropolitan area as defined in Minnesota Statutes, Section 473.121, Subd. 2., acceptable to Company, for the repair of equipment as described in this Section 3.04. 3.05 Location of Equinment. The equipment shall be installed, maintained and stored at locations as set forth in Exhibit 1. Company shall maintain sufficient records so as to all times keep Commission informed as to the location of all equipment. 3.06 Insurance of Equinment. Company shall maintain such Insurance as may be required by federal, state or local law. -8- B. All insurance policies maintained pursuant to this Agreement shall contain the following endorsement. It is hereby understood and agreed that this insurance policy may not be cancelled nor the intention not to renew be stated until 60 days after receipt Commission, by registered mail, of written notice of such intention to can- cel or not to renew. SECTION FOUR CHANNELS AND PROGRAMMING 4.01 Subscriber Network. A. Company shall make available during the term of this Agreement all access channels as set forth in the Offering, including but not limited to: Channel 3 - Educational Access Channel 6 - Regional Interconnect Channel 7 - Public Access Channel 8 - Educational Access Channel 10 - Leased Access Channel 12 - Municipal Access B. No charges may be made for channel time, playback of prerecorded programming or live studio presentations. However, under certain circumstances, as set forth in the ACCESS RULES, charges for production costs may be assessed according to the provisions of the ACCESS RULES. C. Channel capacity, in addition to that set forth in paragraph (a) above, shall be made available in accordance with federal, state, and local law. 4.02 Access Rules. Within sixty (60) days of execution of -9- this Agreement, Commission and Company shall each appoint one representative to jointly develop access rules subject to the following: A. Within forty-five (45) days of appointment, the two representatives shall present proposed access rules to Commission and Company. B. Unless either Commission or Company object to the pro- posed access rules within thirty (30) days of receipt, the rules shall be deemed adopted. C. In the event either Commission or Company object to the studio operational rules, the objecting party shall give written notice of the objection. Upon receipt of notice by one party the representatives appointed pursuant to this Section shall meet and negotiate the objection(s) and repeat the above-described process until such time as the access rules are adopted. D. The access rules shall address, at a minimum, the following: 1. Eligibility Requirements. 2. Procedures for Use of Studio. 3. Guidelines for Use of Studio. 4. Training. The access rules are incorporated herein by reference and made a part of this Agreement. 4.03 Procramming. Company shall be fully responsible for administering the programming of access channels and all deci- -1 0- sions regarding such programming shall be at the sole discretion of Company until Commission determines otherwise. SECTION FIVE TERM AND TERMINATION 5.01 Term. This Agreement shall commence upon execution and shall terminate on August 31, 1986, and shall be extended for successive two (2) year periods after the initial term, unless Commission notifies Company within two (2) months of the term or extension then in efect of the Commission's intention not to extend the term beyond the end of the term or extension then in effect. In the event that Commission does not wish to extend the term or extension then in effect and notice is given as required above, this Agreement shall terminate at the end of such term or extension. 5.02 Termination. Commission may terminate this Agreement in accordance with the Default Proceedings set forth in Section 6.05 of this Agreement in the event Company has breached any of its obligations hereunder. The right of Commission to terminate this Agreement in any such case shall be in addition to any other remedies it may have and any other specific provision of this Agreement. Notwithstanding anything to the contrary, this Agreement shall terminate in the event the franchise granted to Company shall be revoked, terminated, cancelled or not renewed or upon the foreclosure or other judicial sale of all or a part of System. SECTION SIX PERSONNEL 6.01 Technical Employees. Company shall employ sufficient staff including, but not limited to, one (1) part-time Regional Video Technical Supervisor and one (1) full-time Video Technician who shall maintain and repair studios and equipment as specified herein. 6.02 Playback Employees. Company shall employ sufficient staff including, but not limited to, one (1) full-time and one (1) part-time Playback Operator who shall be responsible for, but not limited to, the codification and implementation of all access schedules. 6.03 Severability. A. If any law, ordinance or regulation shall require or permit any party to this Agreement to perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, then as soon as possible following knowledge thereof, said party shall give notice to the other party of the point of conflict believed to exist between such law, ordinance or regulation. B. If any Section, sentence, paragraph, term or provision of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any -12- other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provi- sion hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said pro- vision. 6.04 Liquidated Damages. Upon the breach of any term, con- dition, or provision of this Agreement, the Company shall pay to Commission the sum of two hundred dollars ($200.00) per day for each and every day of the breach as a liquidated damage pursuant to the Default Proceedings set forth in Section 6.05 of this Agreement. The parties hereby agree that the services to be per- formed under this Agreement are in the public interest and will further the development of the System within the Franchise Area and that the continuation of the relationship established by this Agreement is mutually beneficial. Consequently, the parties acknowledge that damage due to a breach of this Agreement will be difficult to determine and that the liquidated damages set forth -13- above is fair and reasonable and will not be contested. 6.05 Default Proceedings. In the event Company has breached any of its obligations hereunder the Commission shall give writ- ten notice of the default to Company and the Commission's inten- tion to terminate this Agreement or impose liquidated damages, whichever the Commission deems appropriate. A. Company shall have thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Company fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in Commission's sole opinion, to cure., such default as soon as possible) within which to cure such default. In the event Company fails to cure such default, as described above, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. B. Company may, within ten (10) days of notice, notify Commission that there is a dispute as to whether a default has, in fact, occurred. Such notice by Company to Commission shall specify with particularity the matters disputed by Company. Such notice shall stay the running of the above described thirty (30) day period. C. Commission shall hear Company's dispute at the next regularly scheduled Commission meeting. Commission shall supple- ment its decision with written findings of fact. -14- g A6 D. If after hearing the dispute the Commission finds that there is a default, Company shall have twenty (20) days from such a determination to cure the default. At any time after that twenty (20) day period, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. 6.06 Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 6.07 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. 6.08 Governino Law. This Agreement shall be interpreted in accordance with Minnesota law. 6.09 Other Laws. This Agreement shall be subject to all applicable federal, state and local laws. 6.10 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is depo- sited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom It is addressed. Notice shall be given to the parties at the following addresses: Company -15- Commission 6.11 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modi- fications or additions hereto shall be binding. No verbal or written statements of the parties shall be considered a modifica- tion of this Agreement except by a written document signed by all parties expressly stating that it is modifying the Agreement and setting forth the new condition or provision of the Agreement. 6.12 No Joint Venture. Nothing in this Agreement shall create a joint venture or principal-agent relationship between the parties and no party is authorized to (and no party shall) act toward third parties or the public in any manner which would indicate any such relationship with the other. 6.13 Nonenforcement. The failure of any party to strictly enforce any provisions of this Agreement shall not be construed as a waiver or as excusing that party from future performance. 6.14 Attorneys Fees. If it is necessary for Commission to retain the services of an attorney of law to enforce any of the terms, covenants or provisions hereof or to collect any sums due hereunder, Company shall pay to the other party the actual cost of such services. 6.15 Indemnification. Company shall indemnify and forever hold harmless Commission and member cities and their respective affiliates, officers, directors, employees and agents from and -16- against any and all liabilities, losses, or damages, costs and expenses (including reasonable counsel fees) arising out of any breach of any obligation or any requirement hereunder which gives rise to any claim by any person or entity; provided that in any case in which indemnification is sought, Commission shall (i) promptly notify Company, and (ii) afford Company the opportunity of defending such claim and controlling the litigation, settle- ment and other disposition of such claim, and (iii) Commission shall fully cooperate in connection with such defense, litiga- tion, settlement or disposition and shall have the right, but not the obligation, to join in and be represented by its own counsel, at its own cost and expense. -17- cid,9 EXHIBIT B CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS SERVICES THIS AGREEMENT, is made and entered into this day of , 1985, by and between SOUTHWEST SUBURBAN CABLE COMMISSION (hereinafter Commission) and ROGERS CABLESYSTEMS OF MINNESOTA LIMITED PARTNERSHIP (hereinafter Company), a Minnesota limited partnership. WITNESSETH WHEREAS, Company pursuant to Chapter 238 of the Minnesota Statutes and pursuant to the Cable Communications Ordinance of member cities has been granted a franchise to construct, own and operate a cable communications system in the cable service terri- tory; and WHEREAS, residents of the cable service territory will bene- fit from valuable public access opportunities available through the cable communications system of Company; and IN CONSIDERATION of the covenants, conditions, undertakings and promises contained herein the parties agree as follows: SECTION I DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1.01 Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of the Company. 1.02 Playback Operator shall mean that employee of Company whose responsibilities shall include, but not be limited to, the codification and implementation of all access schedules. SECTION II PERSONNEL 2.01 Programming Manager. A. Company shall employ one (1) part-time Programming Manager who shall be responsible for the administration, promotion and implementation of public access in the Franchise Area. B. The Programming Manager, or designee, shall be respon- sible for scheduling all public access programming, use of mobile van and studios on a non-discriminatory, first-come, first-served basis. The Programming Manager, or designee, in conjunction with a Playback Operator, shall endeavor to schedule programming with a view to overall program consistency to maximize audience poten- tial by seeking to develop an overall regular program format. Playback Operators shall be responsible for the codification of access program schedules. -2- 931 2.02 Access Coordinators. A. Company shall employ two (2) full-time Access Coor- dinators. The Access Coordinators shall report to the Programming Manager. B. The specific duties and responsibilities of the Access Coordinators are: 1. Train individuals and groups in the use of equip- ment in accordance with plans, schedules and materials approved by Commission or designee; 2. Inform Users of the value and procedures for care of the equipment to insure least possible damage; 3. Maintain a written "check-out" system for the equipment, both when it is removed from the studio and upon its return; 4. Report to the Programming Manager all damage or malfunction of equipment; 5. Provide to the Programming Manager a monthly writ- ten report of access use, including a brief written statement of access projects; 6. Maintain a log of all access users and equipment and file required reports with the Programming Manager; 7. Work closely with the Programming Manager to sche- dule use of facilities; 8. Implement access programming pursuant to and in accordance with programming schedules developed by the -3- Programming Manager, or his designee and the Playback Operators; 9. Maintain a log of all complaints related to access. 10. Other duties as assigned. 2.03 Educational Consultant. A. Company shall employ one (1) full-time educational access consultant in addition to the public access personnel described above. The educational access consultant shall report to the Programming Manager. B. The specific duties and responsibilities of the Educa- tional Consultant are: 1. Train individuals and groups in the use of equip- ment in accordance with plans, schedules and materials approved by Commission or designee; 2. Inform Users of the value and procedures for care of the equipment to insure least possible damage; 3. Maintain a written "check-out" system for the equipment, both when it is removed from the studio and upon its return; 4. Report to the Programming Manager all damage or malfunction of equipment; 5. Provide to the Programming Manager a monthly writ- ten report of access use, including a brief written statement of access projects; 6. Maintain a log of all educational access users and -4- equipment and file required reports with the Programming Manager; 7. Work closely with the Programming Manager to sche- dule use of facilities; 8. Implement educational access programming pursuant to and in accordance with programming schedules developed by the Programming Manager, or his designee and the Playback Operators; 9. Serve as an access coordinator, to the extent time so allows; 10. Other duties as assigned. 2.04 Equipment Lops. A. The access coordinators shall maintain daily log forms, and, on a daily basis, be responsible that equipment logs are prepared and a record of the use of all equipment is recorded. Such equipment logs shall contain information regarding the name and address of the equipment user, the item of equipment used and the time of expected actual use; provided, however, that no piece of equipment shall be checked out for more than forty-eight (48) hours. B. The equipment logs shall be available for inspection by Commission upon request. 2.05 Other Personnel. Company shall employ such other per- sonnel as may be necessary to meet the duties and obligations imposed hereunder as may be consistent with the budget then in -5- effect. SECTION III ADMINISTRATION 3.01 Access Promotion. A. The promoting of public access opportunities in the Franchise Area shall be the sole responsibility of Company. B. Notwithstanding anything to the contrary, such promo- tions to the extent allowable under the budget then in effect, shall include, but not be limited to, the following: 1. Development of special meetings for community groups at which access opportunities will be discussed and access experiences from other communities shared. 2. Speakers provided to community organizations to explore access opportunities. 3. Development of displays at public places explaining access principles and equipment. 4. Distribution of literature to subscribers informing them of ongoing access activity and encouraging their participation. 5. Development of workshops focused on production tech- niques and communication principles. 6. Promotion through cable and conventional media, including playback of special explanatory programs on access and theme channels. 7. Listings in community newspapers. -6- 8. Special brochures for schools, libraries and community centers with weekly listings and descriptive material. 9. "Creative Marketing" initiatives for special programs, with targeted messages to involved groups, areas, insti- tutions. 3.02 Training. A. Any training classes to be offered by Company shall first be approved by Commission. Training classes, for the pur- poses of this Agreement shall include, but not be limited to, basic television production, location production, post-production, on-camera lessons, or any other training intended by Company to assist in access opportunities. B. Commission shall approve the curriculum, fees, course material, class locations and class size. Commission may require written material prepared by or for Commission be distributed by Company at any classes. C. The classes described in paragraph A above shall, at a minimum, be offered on a quarterly basis or at such other inter- vals as the parties may agree upon. D. Notwithstanding anything to the contrary, Commission may enter into an agreement or any other arrangement of its choosing with another person or entity for the purposes of training poten- tial users. Provided, however, potential users trained hereunder must comply with all, Commission approved, Company certification procedures. -7- SECTION IV TERM, TERMINATION AND COMPENSATION 4.01 Term. This Agreement shall commence upon execution and shall terminate on August 31, 1986, and shall be extended for successive two (2) year periods after the initial term, unless Commission notifies Company within two (2) months of the term or extension then in effect of the Commission's intention not to extend the term beyond the end of the term or extension then in effect. In the event that Commission does not wish to extend the term or extension then in effect and notice is given as required above, this Agreement shall terminate at the end of such term or extension. 4.02 Termination. A. Commission may terminate this Agreement, effective at any time, by giving Company at least thirty (30) days prior writ- ten notice, in the event Company has materially breached any of its obligations hereunder and such breach (which shall be spe- cified in such notice) is not cured by Company within fifteen (15) days of such notice. The right of Commission to terminate this Agreement in any such case shall be in addition to any other remedies it may have and any other specific provision of this Agreement. B. Notwithstanding anything to the contrary, this Agreement shall terminate in the event the Franchise granted to Company shall be revoked, terminated, cancelled or not renewed or upon -8- the foreclosure or other judicial sale of all or a part of System. 4.03 Expiration. Upon the expiration of this Agreement Commission shall have no further obligations or duties to Company and Commission may, without limitation, pursue a new agreement with Company or contract with another entity or organization for personnel support. 4.04 Compensation. A. Commission shall pay to Company an amount (hereinafter Annual Fee) in equal quarterly installments of payable in advance on the first day of each and every quarter for and during the full term of this Agreement. B. Notwithstanding the above paragraph (a), and unless the parties otherwise agree, the Annual Fee payable by Company shall, upon six (6) months prior written notice to Commission, be deter- mined for each year after the year ending August 31, 1986, based on the sum of the Annual Fee for the prior year plus the product of (A) such Annual Fee times (B) a fraction, the numerator of which equals eighty percent (80%) of the difference between (1) the Consumer Price Index, as hereafter defined, for the quarter last published prior to the commencement of such year and (2) the Consumer Price Index, for the comparable quarter of the preceding year, and the denominator of which equals the Consumer Price Index for the comparable quarter of the preceding year; provided, however, that the Annual Fee shall not increase in any year by -9- ,33 6 more than ten percent (10%) over the fee for the prior year. SECTION V MISCELLANEOUS PROVISIONS 5.01 Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. 5.02 Force Majeure. If by reason of force majeure, any party to this Agreement is unable in whole or in part to carry out its obligations hereunder, said party shall not be deemed in viola- tion or default during the continuance of such inability. The term "force majeure" as used in this Agreement shall mean the following: strikes, acts of God, Orders of the federal or state governments, or any of their departments or agencies, lightning, fires, storms, floods, civil disturbances, explosions, partial or entire failure of utilities, or any other cause or event not reasonably within the control of that party. 5.03 Severability. A. If any law, ordinance or regulation shall require or permit any party to this Agreement to perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, then as soon as possible following knowledge thereof, said party shall given notice to the other party of the point of conflict believed to exist between such law, ordinance or regulation. B. If any Section, sentence, paragraph, term or provision —10— (poi of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provi- sion hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said pro- vision. 5.04 Liquidated Damages. Upon the breach of any term, con- dition, or provision of this Agreement by Company, Company shall pay to Commission the sum of Two Hundred Dollars ($200.00) per day for each and every day of the breach as a liquidated damage. The parties agree that the services to be performed under this Agreement are in the public interest and will further the deve- lopment of the System within the Franchise Area and that confir- mation of the relationship established by this Agreement is /0 mutually beneficial. Consequently, the parties acknowledge that damages due to a breach of this Agreement are difficult to deter- mine and that the liquidated damage set forth above is fair and reasonable and will not be contested. Any liquidation damage to be imposed hereunder shall be done so after proceedings in accor- dance with Section 5.05 hereof. 5.05 Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 5.06 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. 5.07 Governing Law. This Agreement shall be interpreted in accordance with Minnesota law. 5.08 Default Proceedings. In the event Company has breached any of its obligations hereunder the Commission shall give writ- ten notice of the default to Company and the Commission's inten- tion to terminate this Agreement or impose liquidated damages, whichever the Commission deems appropriate. A. Company shall have thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Company fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in Commission's sole opinion, to cure such default as soon as -12- possible) within which to cure such default. In the event Company fails to cure such default, as described above, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. B. Company may, within ten (10) days of notice, notify Commission that there is a dispute as to whether a default has, in fact, occurred. Such notice by Company to Commission shall specify with particularity the matters disputed by Company. Such notice shall stay the running of the above described thirty (30) day period. C. Commission shall hear Company's dispute at the next regularly scheduled Commission meeting. Commission shall supple- ment its decision with written findings of fact. D. If after hearing the dispute the Commission finds that there is a default, Company shall have twenty (20) days from such a determination to cure the default. At any time after that twenty (20) day period, Commission may terminate this Agreement or impose liquidated damages, whichever the case may be. 5.08 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is depo- sited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom -13- 01/1 it is addressed. Notice shall be given to the parties at the following addresses: Commission Company 5.09 Entire Aareement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modi- fications or additions hereto shall be binding. No verbal or written statements of the parties shall be considered a modifica- tion of this Agreement except by a,written document signed by all parties expressly stating that it is modifying the Agreement and setting forth the new condition or provision of the Agreement. 5.10 No Joint Venture. Nothing in this Agreement shall create a joint venture or principal-agent relationship between the parties and no party is authorized to (and no party shall) act toward third parties or the public in any manner which would indicate any such relationship with the other. 5.11 Nonenforcement. The failure of any party to strictly enforce any provisions of this Agreement shall not be construed as a waiver or as excusing that party from future performance. 5.12 Attorneys Fees. If it is necessary for Commission to retain the services of an attorney of law to enforce any of the terms, covenants or provisions hereof or to collect any sums due hereunder, Company shall pay to the other party the actual cost -14- ') LI 3 of such services. 5.13 Indemnification. Company shall indemnify and forever hold harmless Commission and member cities and their respective affiliates, officers, directors, employees and agents from and against any and all liabilities, losses, or damages, costs and expenses (including reasonable counsel fees) arising out of any breach of any obligation or any requirement hereunder which gives rise to any claim by any person or entity; provided that in any case in which indemnification is sought, Commission shall (i) promptly notify Company, and (ii) afford Company the opportunity of defending such claim and controlling the litigation, settle- ment and other disposition of such claim, and (iii) Commission shall fully cooperate in connection with such defense, litiga- tion, settlement or disposition and shall have the right, but not the obligation, to join in and be represented by its own counsel, at its own cost and expense. -15- TO: THROUGH: FROM: DATE: SUBJECT: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works April 10, 1985 St. John's Drive Road Connection On several occasions in the past, the issue of whether or not to extend St. John's Drive southerly to connect to Edenvale Boulevard has been discussed. The developer of the Tanager Creek property (lying immediately south of St. John's Woods) has decided to proceed with the development plan as originally proposed and approved by City Council. During that hearing process, it was determined that the road should be connected. However, since that time there has been a number of questions raised regarding that decision. The influencing factors include the question of connecting a public street (St. John's Drive) to a private street (segment between St. John's Woods and Edenvale Boulevard), the concerns of the residents of St. John's Woods about an increase in thru traffic, the desire to have continous streets for access by emergency vehicles, and the need to provide turnaround capabilities at the end of St. John's Drive for snow plowing operations as well as emergency and regular traffic. The attached sketch shows the plan the way it was proposed by the developer for Tanager Creek. It indicates that St. John's Drive would dead end as it is today and a private cul-de-sac would serve the Tanager Creek development. It would appear that there would be three alternatives for this situation: A. Provide a public right-of-way and terminus at the southerly end of St. John's Drive, but on Tanager Creek property and connect the private drive in Tanager Creek to it. This would have the effect of making a connection between the two streets but the link is essentially a private driveway and would appear as such based on the curvilinear nature of the roadway. This would generally attempt to satisfy all the concerns that have been raised. B. St. John's Drive could be vacated and become a private street and the roads could be constructed as shown by the attached plan as proposed by the developer. This would eliminate the problem of snow plowing on the part of the City, but the turn around problem would still remain for other motorists and the emergency access would still not be addressed. C. Through the final platting process, we could require that St. John's Drive be extended southerly through Tanager Creek to Edenvale Boulevard as a public street with no cul-de-sacs. This would create a problem for the Tanager Creek project since it would require additional set backs from the street beyond that shown on the plan proposed by the developer. Page 2, St. John's Drive Road Connection, 4/10185 . It is my opinion that there would be virtually no thru traffic o n t h e connected roadway other than as generated by St. John's Woods r e s i d e n t s o r those future residents in the homesites of Tanager Creek lying n o r t h o f Edenvale Boulevard along the connected road. Futhermore, the H e n n e p i n C o u n t y DOT has preliminary plans to upgrade Baker Road to a four lan e f a c i l i t y i n 1986/87. In conjunction with that project, it is my opinion t h a t l e s s t h a n 20% of the trips generated in the Tanager Creek area along th e c o n n e c t i n g roadway would find it beneficial to utilize St. John's Drive r a t h e r t h a n Edenvale Boulevard and Baker Road. The present St. John's Dr i v e s t r e e t alignment is circuitous and has a "closed in" feeling about i t b e c a u s e o f t h e proximity of buildings and driveways to the street. Ease of u t i l i z a t i o n i s the primary factor which influences motorists to use a roadw a y . I w o u l d contend that Edenvale Boulevard coupled with an improved Bake r R o a d w o u l d b e a much more desirable route for drivers to utilize in their no r t h b o u n d t r i p s . I would anticipate that St. John's Woods residents would find t h a t s o u t h w e s t bound trips from the southerly part of their subdivision will u t i l i z e t h e connection. This could perhaps be viewed as a detriment to t h e s o u t h e r l y a r e a neighbors, however, the connection would tend to distribute t h e t r a f f i c m o r e evenly across the roadway system. Additionaly, I would point o u t t h a t w i t h n o interconnection, a water main break at the one and only entr a n c e i n t o S t . John's Woods would virtually bring movement into the subdivi s i o n t o a standstill. A fire or medical emergency during such a perio d o f t i m e w o u l d certainly be disastrous. Even repairing a pot hole or doing r o a d s u r f a c e maintenance at that intersection would create smaller probl e m s o f t h e s a m e nature. Since the question of knock-down barricades will probably su r f a c e a t t h i s meeting, I will reiterate some of my concerns over those ki n d s o f installations. In order to install a barricade that will ef f e c t i v e l y c u r t a i l thru traffic, it has to be substantial. Our experience is t h a t a b a r r i c a d e that could be easily knocked over by a police car winds up being a source of maintenance and complaints from neighbors. Therefore, a more s u b s t a n t i a l barricade has to be installed which effectively limits emergen c y a c c e s s t o fire trucks only and completely eliminates the benefits of a c o n n e c t i o n f o r snow plowing and other emergency vehicle access. After discus s i o n o f t h i s type of installation in the past, Council did form a policy of e i t h e r m a k i n g the connection as deemed necessary or building the street sys t e m w i t h o u t a n y interconnection at all. I would strongly recommend that Counc i l m a i n t a i n t h i s position. Based on all the discussion above, I recommend that alternativ e A b e s e l e c t e d as the method of dealing with the situation. I recognize the c o n c e r n s t h a t the residents of St. John's Woods have about increased traffi c v o l u m e s , b u t there just doesn't seem to be any logical reason to expect an y s i g n i f i c a n t increases. I will be at the meeting to discuss this with Cou n c i l i n m o r e detail. EAD:sg gg s 9 ft — Lww °Fray's% STALLAN L4c STALLA NI) oxr, CORPONALP CENTFH FINANCIAL PLAZA FUG! 0117.154 I ANE MINNEAPOLLS. MINNI:SOTA 58436 LuTilen 7.1 .STALLAND K. PETER STALLAND PRil 0 TEI.E1•11t)NE ((1113) 11)I5-5577 April 9, 1985 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Extension of St. John's Drive Dear Carl: As I understand it from our recent telephone conv e r s a t i o n , t h e City is entertaining a proposal by Centurion Comp a n y t o c o n s t r u c t a private cul-de-sac road into their development t o t h e s o u t h of St. John's Wood. The City apparently would li k e t o s e e a n extenson of this cul-de-sac connecting to St. Jo h n ' s D r i v e . I have discussed this plan with the Board of Dir e c t o r s o f t h e St. John's Wood Homeowners Association and it is t h e i r p o s i t i o n that they would prefer to see St. John's Drive r e m a i n a d e a d - end for the following reasons: 1. The traffic flow would be less than it would if t h e street were connected. 2. The safety for pedestrians and children in the n e i g h b o r - hood would be enhanced. 3. Keeping St. John's Drive a dead-end would be bett e r from a crime enforcement standpoint since there w o u l d b e o n l y one access out of St. John's if a crime were to b e c o m m i t t e d ( a s you know the Eden Prairie police at one point ea r l y i n t h e d e v e l o p - ment stages of the project to the south advised t h i s ) . Therefore, the Homeowners Association formally r e q u e s t s t h e C i t y to preserve the termination of St. John's Drive a s i t p r e s e n t l y exists. The Association is willing to initiate a n a p p l i c a t i o n for the vacation of the street by the City so t h a t t h e A s s o c i a - tion would take over all right, title and inter e s t i n a n d t o S t . John's Drive. As you know the numerous cul-de- s a c s t r e e t s w h i c h feed off of St. John's Drive are privately own e d . A t p r e s e n t we do have a problem with snow removal as the p r i v a t e s n o w Aq•(: Mr. Carl JulIie April 9, 1985 Page Two remover has to wait until the City comes and plows St. John's Drive before other plowing can commence. We believe the vacation would serve the City by taking the maintenance and snow removal costs away from the taxpayer of the City and place that burden upon St. John's homeowners. Also, it would increase the safety and efficiency of snow removal in the winter for the whole town- house complex. We look forward to presenting this proposal to the City Council on April 16th. If you have any questions or feel that we should submit any more information, please do not hesitate to call me. Thank you for your attention. PS/jj +49 Ronald L. Ktuege RON KRUEGER & ASSOCIATES, INC. RON KRUEGER & ASSOCIATES, INC. LAND SURVEYING • ENGINEERING • PLANNING 7382 WASHINGTON AVENUE SO. • EDEN PRAIRIE, MINNESOTA 55344 • PHONE (612) 941-3030 April 12, 1985 Members of the City Council. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Ladies and Gentlemen: On behalf of Jerry Halmrast and Bill Gilk, the developers of Red Rock Heights, I would like to request of the City Council to set a hearing date to hear our appeal of the denial by the Board of Appeals and Adjustments of variance request #85-05. We would very much appreciate anything that could be done to move this appeal process along, as the prime construction season is here and prospective buyers are anxious to get started building. Thank you for your consideration of this appeal. MEMORANDUM TO: Mayor and City Council FROM: Recycling Advisory Committee SUBJECT: Request for authorization to conduct survey DATE: April 12, 1985 The Recycling Advisory Committee has been meeting since December 1984 to learn about solid waste abatement practices which may be applicable to Eden Prairie. While committee members have become familiar with recycling lexicon and the track records of various recycling programs, they are concerned about delving into recycling without having some reliable guide about residents' preferences for recycling programs. One way of gauging preferences is through a statistically reliable survey. Such cities as Minneapolis, St. Louis Park, and Shakopee have used surveys to help design recycling programs for their unique situations. Committee members believe this tool should be used to design a program which meets the needs and preferences of Eden Prairie residents. The Committee asked the staff liaison to obtain quotes from firms to conduct a survey with statistically reliable results. Major results from the survey would be whether residents wished to recycle or not; whether they preferred collection of recyclables from the curb, at recycling centers or at waste processing facilities; their willingness to pay for recycling services; what types of materials they would be likely to recycle and what level of preparation of materials they would be willing to do; and the number of persons and type of homes in which they lived. Staff spoke with market research firms to determine what survey techniques and sample size would yield statistically significant results. A random telephone survey of 200 homes appeared to be the most reliable method of gathering the preferences of a representative cross-section of the community. Quotes obtained for a 200-home, 20+-question survey were: tk associates $2356 Communication Associates $2800 Telephone inerviews are expected to take 10 to 15 minutes to complete. For comparison, the Community Education/Community Services needs assessment survey done in November 1984 covered 300 homes in 20- to 30-minute telephone interviews for $3800. The Committee would review the survey script before telephone work begins. Funding: Support for solid waste abatement planning is a high priority for the Metropolitan Council and Hennepin County; it is one of the activities for which the Legislature authorized the landfill surcharge by the State, counties and cities. The Metropolitan Council and Hennepin County have separate grant programs which would fund 50 to 100 per cent of the cost of the prposed survey. Revenues should also be available from the City's landfill surcharge fee. Due to the variety of activities and formulas existing in the grant programs for solid waste abatement planning and implementation, it is recommended that staff be allowed discretion to maximize the amount of grant funds the City may receive. -35 I - 2 - Recomnendation: The Recycling Advisory Committee voted unanimously at its April 10, 1985 meeting to recommend that the City Council authorize a survey to gain a statistically reliable measure of residents' attitudes and preferences toward recycling. This survey would provide a higher level of confidence in designing a program which meets the stated desires of the community. Staff reconmends that the Council authorize this survey to be done by the 'Om associates based on its quote dated April 10, 1985 for a fee not to exceed $2356. The script of the survey would be reviewed by the Committe at its April 24 meeting. Preliminary results would be available by its May 8, 1985 meeting. The Committee has established a mid-June to early July date to submit its report and recommendations to the Council. MEMORANDUM TO: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services 'L DATE: March 18, 1985 SUBJECT: Fitness Program At the March 5, 1985 meeting, the City Council directed staff to survey City ,employees and receive comments regarding the fitness program prior to coming back to the Council with the final recommendation on the fitness program. On March 11th, a memorandum was sent to all City employees that included a survey asking how many would participate in a program that allowed staff to use the Community Center twice a week on their own time. The survey also requested comments and recommendations on the fitness program. Seventy-four City employees responded to the survey. Sixty-seven indicated that they would participate in the program as outlined in the March 11th memo. Seven indicated they would not participate. This compares to Forty-six employees that indicated they would have participated during work hours. Many of the comments indicated that they would probably participate more during the winter months than during the summer months, and there were many positive comments reagarding the possibility of.such a program. Twelve individuals responded that they would have preferred a reduced family membership, for example, the City paying half of the family membership so an individual could bring members of the family with them to the Community Center and "get fit together". Six people commented that they would like to see the City either offer free or reduced cost Jazzercise programs or provide the incentive for employees to participate in Jazzercise programs offered at the school or in their home community by paying part of the fee. Several other employees responded that they would like to see fitness testing done to provide an incentive to stay with an exercise program, and many indicated an interest in programs on how to use the fitness center, if it was going to be made available through this program. Attached to this memo is a memo from Keith Wall regarding the Public Safety Department response to fitness programs. Keith indicated that perhaps a dozen Public Safety employees would take advantage of this program. Also, attached to this memo is an item out of the Minneapolis paper regarding fitness programs in the business place. I would recommend we take this information back to the City Council at the April 2nd meeting and recommend initiating this fitness program as soon as possible. BL:md (4153 March 13, 1985 TO: BOB LAMBERT FROM: KEITH WALL SUBJECT: FITNESS PROGRAM MEMO 3/11/85 Because of our unique work schedule, several of our personnel would not be able to respond to your memo by 3/15/85. As a result, we have contacted them by phone and by memo so that one collective response could be made on their behalf. A majority of our personnel were already involved in "personal time" fitness programs before our Division-sponsored program was developed and implemented recently. Since our main program focus is directed at encouraging fitness and several of our staff are enthusiastic about the concept, the free use of the Community Center is viewed as an added incentive. However, the 'list of rules" included in the origi- nal program proposal created several conflicts with our unusual work schedule so that use of the facilities would have been limited at best. (Predicting advance exercise times and days was particularly troublesome.) It appears that the subject memo lifts some of those restrictions by allowing employee use during all regular open times. That flexibility would make it possible for more of us to use the center. I would estimate that a dozen or so here would probably use the faci- lity with some regularity. We have many more than that exercising now, however, they are members of private health clubs, have enrolled in outside aerobic classes (at their own expense) or use our in-house gym. Finally, I would hope that the entire city program is not discontinued because only a small number of folks expressed an interest in it. If only a few become actively involved and began to realize the many benefits of being fit, the city will surely benefit. All the things that have been claimed about productivity, attitude on the job and off can be substantiated. Eventually, others will see improvements in their fellow employees and want to become involved, too. It does take some time, though. !, not,„ t.`4 C „lir:71 u • ...!(7.!± !rrN:1 1 1141. .1: La tA B y Dave Rage Muff Writer Eleven stories above downtown Minneapolis, Rand y Botcher has Just put another 41/2 miles on his Adidas sneakers and is swinging his sweat-drenched frame onto an ex- ercise bic ycle. His nei g hbor-in-fitness, keepin g tabs on "The Young and the Rest- less," pedals languidl y on a c ycle with a bullt-in TV. Across the room, participants in an aerobics class arc panting alon g to somethin g Glenn Miller wouldn't have approved of, their bobbin g bodies outlined a gainst a panorarre Ic view of the cit y sk y line. It's lunchtime at Pillsbur y Co.'s learnin g and Health Center, the latest and one of the ,most contpre• hensive additions to the Twin Cities employ ee-wet Mess scene. At a time when thousands of Min- nesotans fi g ht a crowded calendar to accommodate their passion for exercise, Pillsbur y has found a way to put the woriout just an elevator ride awa y . Respondin g to an em- ployee que ,m ,nnlire and growing evidence lbal liealthy workers are productive Nvorkers, the company turned over the 11th floor of its downtown headquarters to a center where employees can exercise their minds and bodies. 7:zn nmf21475ce/ It loins n growing handful of cone panics — Super Yalu Stores and Fitness continued on pa ge 12B ,Sdirltl'lioiobyM.kOZeCby Bandy Botcher, foreground, used his lunch hour for a running work- out at the Pillsbury Company's Learning and health Cantor. ty). hh Staff Photos by Mao Zerby Pillsbury employees put exorcise to music In an aerobics class lust an elevator rlde from their d e s k * . Fitness Continued from page. 5B General PepsiCo and Pillsbory "Pe Your Heil - program ("base NtaiihatiAl book mamma:iv — that enenor0gcs entainyees to took that bave gene beyond aerobic, in after them,,eivt, persoltally and pro- 'Me cafeteria to actaally !Mass equipment on the premises. "We are dedicated to being one of Al one end of the floor is a physical- the premier employers in the emir, •f aro,. center cornpfrte with tre,at , try." Said Dan Norris, vice prc,ident exercise bicycles, ivainitimi of tie sonnet and OrgarlaratiOn weight-twining machines, locker nine. "We want to bave lie beia tonne, and tea-flaw Mimed 'afar prepared, 1110,1 competitive employ. Since lie center nponed in rind-ieb• 'rarity, nearly bIn emptcyr,i (oat of in the tower and nether I ,ada snit, pitisbary expecv the center to in ricarbv 01(1,0 have paid 35.a. pay narl ot its way through reduoid north membership fees and work absenlemin and tower health•insur- mit d,uiut 011ee a week once costs. The company spent $90.000 for wmkont equipment, hut 1 he rent of the floor cont,10, ii wouldn't rli;Clrr cit. °the, cost, The ." learn renter.- a series ot i'triter, floor ',id been vacant, epee Vain, and a library with ram. miler terminals and awl lo.,0 rat Anis dotes itsule, hard evidence hole equipaienl wh,t- employees 1,1 Inc Hee, with producilviiv iv cindy a variety of career Prat sell- scar, lint Pillsbury rite, n U.S. amprovernent materials. Public IhNitin Service retain Mat companies save Eithl 0 vent for ev. Towther, they are part of a larger cry employee who reduces high blond prodrure. Another rtudy by the Buildable Insurance Co. found that reralar e,ervi -,ers have lower absenteeism ond lower turnover rateS. Pillsbury's nth-floor Jocks don't need any persuading. John Wrath, 27, who works M sales Teresa Swenborg exercised on promotion, used to spend 220 to 830 one of thy weight•trainIng ma - it month on a heAlth-club member- chines frith., health center. ship and said he appreciates the con- venience of on nehouNe workout. "I've got a really stressful job. SChed. tiling 28 meeting rooms oil Ol,, "Plus," Wentz skid between grunts, long," Balling added. "This ISO "it really helilen Me in terms of my to release all that tension." atternnen energy level. I loot get that 3 o'clock KM where you feel Belcher. 24, a commortky trade, Iihe crawling out in the hall and who heads Pillsbury's running teal, taking n nap." sold the fitness center allows him more complete workout than he 0... Eric Hotting, who works In the com- running or bicycling to work in pany's ineellneuervires department, morning. was thiashigg along 00 a froSiecniin- try ski nitnekdor 'in; the 1,01,4 center "They didn't even have showers ti reached its lunclet nor peak activity. fore," Botcher said. "BA lake sponge bath. But my coworker -This is the one tort on, because no Magi appreciate Mah - one really uses it,- flailing sold. Li.