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City Council - 12/16/2003
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,DECEMBER 16,2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen,Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, Manager of Parks and Natural Resources Stuart Fox, Manager of Recreation Services Laurie Obiazor, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER IL APPROVAL OF AGENDA III. REPORT ON CITY SURVEY IV. REVIEW OF PROPOSED PUBLIC/PRIVATE PARTNERSHIP FOR POOL A. WELLBRIDGE B. LIFETIME FITNESS V. DISCUSSION OF POSSIBLE SPRING 2004 REFERENDUM IV. OTHER TOPICS Council Chamber V. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) A. JOHN MALLO—EDENVALE VILLAS VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT MEMORANDUM To: Mayor and City Council Parks,Recreation and Natural Resources Commission From: Robert A.Lambert,Director of Parks and Recreation Date: December 16,2003 Eden Prairie Subject: 2003 Random Sample City Survey Requested Action John Schamber and Dave Bender of MarketLine Research will review the results of the recently completed City survey with the City Council and the Parks, Recreation and Natural Resources Commission. Staff has requested Mr. Schamber spend about fifteen minutes summarizing the results of the survey and plan on another ten to fifteen minutes on questions from Council and Commission. Synopsis Attached to this memorandum is a copy of the survey. Council and Commission members will note there a number of proposed projects that are strongly supported and a few more that are somewhat strongly supported, however at this time there no projects that people are willing to increase their taxes to support. The staff at MarketLine Research indicated that there are some projects that may be supported in a referendum if the City does an adequate job of educating the public as to what would be included on a referendum and what the cost would be to provide those services. Attachment MarketLine Research Referendum Study RAL:bju G:\BrendaaLetter&Memos\Lambert 2003\Memorandums\2003 Random Sample City Survey memo.doc MEMORANDUM To: Mayor and City Council Parks, Recreation and Natural Resources Commission From: Robert A.Lambert,Director of Parks and Recreation Date: December 16, 2003 Eden Prairie Subject: Wellbridge Proposal Requested Action City Staff request the City Council to review the proposal by Wellbridge for consideration at the workshop with the Parks, Recreation and Natural Resources Commission on December 161. Synopsis Wellbridge, owner of the Flagship Athletic Club and Northwest Athletic Clubs, has submitted a proposal for consideration by the City Council to enter into a joint venture for design and operation of an aquatic center that would be located at Round Lake Park and attached to the Community Center. There original proposal suggests that Wellbridge would design the facility,the City would construct approximately a$5.1 million pool attached to the Eden Prairie Community Center.The City would be responsible for improvements to the Community Center to accommodate the pool which would include expansion of the locker rooms, construction of a concession stand and approximately $1 million worth of site work that would double the size of the parking lot at the Community Center and relocate the baseball field. Wellbridge would enter into a twenty year lease with the City to operate the aquatics park and would request two-ten year options to renew. Welllbridge would operate the facility and be responsible for hiring the pool managers and lifeguards as well as the concession staff. Wellbridge would be permitted to establish the admission rate and concession pricing.Wellbridge would pay the City$200,000 per year for this lease with the increase in payments beginning in year three as Wellbridge would increase the use fees. The City would be responsible for financing the construction of the pool and any renovations ofthe pool.The City would also be responsible for maintaining the pool and the building mechanical systems as well as upkeep of the locker room areas. Background The initial concept design by Wellbridge is for a pool that would cost approximately $5.1 million which is about $2.3 million less than the pool proposed by the Pool Study Committee. The major difference is the elimination of the 50-meter pool and the reduction in length of the lazy river. Their design team has indicated there is no way they can operate an outdoor pool with the expectation of making a profit if a 50-meter pool is required. The revenue projects include approximately$9,000 in Wellbridge Proposal December 1, 2003 Page 2 swimming lesson fees which would be in direct competition with City's program that would be operated at the indoor pool at the Community Center. Rather than a membership fee the proposal suggests a coupon book fee structure that proposes$60 for a ten visit coupon book for a resident and$75 for a 10 visit coupon book for a non-resident. The price of the books would go down as low as $40 per book as additional books are purchased by residents. The proposal does not indicate how members of Flagship or Northwest Racquet Club would be charge for the use of the pool. Earlier this year the City Pool Study Committee made a recommendation to the Parks,Recreation and Natural Resources Commission and the City Council to consider developing a large,outdoor water park at the cost of approximately$7.3 million. The cost did not include associated costs that would be required to complete that expansion, including the expansion of the Community Center locker room space and construction of a concession stand that would serve the pool as well as the expansion of the parking area which would include eliminating two ballfields, and relocating the baseball field. The estimated cost for the Community Center expansion and improvements including the parking and other site improvements is $7.3 million. The estimated cost for the pool proposed by the Study Committee was approximately$7.4 million for a total cost of about$14.7 million. With the Wellbridge proposal the Community Center and site improvements would also have to be included into the cost of the project, therefore the cost of the Wellbridge proposal would be approximately$12.4 million to the taxpayers. Obviously the City Council could decide to set a budget limit for the pool at $5 million and a budget limit for the Community Center improvements and site improvements at something less than $7.4 million; however, staff would anticipate that whatever decision is made if an outdoor pool is proposed at the Community Center site, the total cost will exceed$10 million due to the associated costs with developing that site considering what is in place today. Considerations The Wellbridge proposal does provide some positive aspects as well as a few negative aspects.At the December tat meeting the Parks,Recreation and Natural Resources Commission were not supportive of the proposal as it now stands. Some of the Commission members were concerned that the original reason to consider a public/private partnership was to defer some of the upfront costs and this proposal didn't address that issue. Other Commission members who served on the Pool Advisory Committee were concerned about the design and emphasized that the design would have to be unique to be able to compete with other water parks in the west metro and future water parks. They listed several concerns relating to the design proposed. Others questioned the goal of private enterprise which is profit,whereas the goal of municipal parks and recreation is service, and wondered whether or not the goals are compatible, especially since the public is responsible to provide services to all,not to just those who can afford it. Wellbridge Proposal December 1, 2003 Page 3 The benefits ofthe proposal are that the City would not be responsible for any operational costs other than the maintenance of the pool which might be $50,000 - $100,000 per year depending on how maintenance is defined. The Pool Study Committee determined that several public pools including the facility at Eagan and the facility at Anoka County operate as enterprise funds and are budgeted to cover their operational costs as well as the cost for construction of the facility.Most municipal operations however cover the costs of the operation plus provide a sufficient amount of excess revenue to invest in a capital improvement fund that is capable of funding the major renovations and additions required to keep the operation interesting to the public. In 2003 the Edina municipal pool made a larger"profit" above operating costs than did the Braemar Golf Course. City staff believes that if a public/private partnership would allow the City to sell revenue bonds for the municipal pool and would not commit the City to additional costs for the operation,it would be very beneficial to the City and to the private partner provided they could generate enough users to make their payments. City staff has provided Wellbridge with feedback on their proposal and have suggested several revisions that would make their proposal much more attractive to the City. Staff will continue these conversations if directed to do so by the Council. The Council may also wish to request staff to draft a Request for Proposals based on certain criteria that would be required of the project and see if the City has any private companies interested. The problem is that the City is running out of time if we are going to consider any kind of a spring referendum. Attachment Wellbridge Proposal RAL:bju G:\Brenda\Letter&Memos\Lambert 2003\Memorandums\Wellbridge Proposal memo.doc MEMORANDUM To: Mayor and City Council imil Parks,Recreation and Natural Resources Commission From: Robert A. Lambert,Director of Parks and Recreation '' Date: December 16, 2003 Eden Prairie Subject: Life Time Fitness Proposal Requested Action City Staff request the City Council to review the proposal by Life Time Fitness for consideration at the workshop with the Parks,Recreation and Natural Resources Commission on December 16t. Synopsis Life Time Fitness has proposed a joint venture fitness/recreation and aquatic center to be potentially located on the undeveloped portion of the ADC site near the intersection of Mitchell Road and Technology Drive. This proposal is subject to Life Time Fitness being able to acquire land from ADC for this purpose.To summarize,Life Time Fitness would build a 110,000 square foot state-of-the-art fitness and recreation center connected to an outdoor water park, built and designed to City specifications. Life Time Fitness would pay for the fitness center and recreation center and approximately a 650 car parking field and the land to develop these components,while the City would be responsible for paying for the water park,plus the land for an additional 650 car parking spaces. Life Time Fitness would own and operate the fitness center,the city would own the water park and the land accommodating the water park and the parking, but would lease that facility to Life Time Fitness for 40 years for$1 per year. This is similar to the agreements made by Life Time Fitness with the cities of Savage and Plymouth. City staff has met with ADC representatives who have indicated they believe their property is too expensive for a Life Time Fitness facility; however, it is not inconceivable that a developer would acquire their property and sell a site to Life Time Fitness for this use. Attachment Life Time Fitness Proposal RAL:bju G:\Brenda\Letter&Memos\Lambert 2003 Memorandums\Life Time Fitness Proposal memo.doc LIFETIME FfTNJASS December 3,2003 Mr. Bob Lambert Parks &Recreation Director City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: CITY OF EDEN PRAIRIE/LIFE TIME FITNESS JOINT VENTURE FITNESS/RECREATION AND AQUATICS CENTER Dear Bob: Life Time Fitness is pleased to present the following Proposal for a joint venture Fitness/Recreation and Aquatics Center to be potentially located on the undeveloped portion of the A.D.C. site near the intersection of Mitchell Road and Technology Drive. PROPOSAL EXPERIENCE: Life Time Fitness is a National developer of large scale Fitness/Recreation and Aquatics Facilities and is headquartered in Eden Prairie, MN. Our company has successfully developed and currently operates, as part of our 38 location portfolio, joint venture facilities with the Cities of Savage, Champlin and Plymouth. SCOPE OF DEVELOPMENT: The proposed development would include an 110,000 square foot, state-of-the-art Fitness and Recreation Center connected to an outdoor water park, built and designed to the City's specifications. The components of the Fitness and Recreation Center will include: A) Two Basketball/Volleyball Courts B) Rock Climbing Walls C) Squash and/or Racquetball Courts Corporate Office 6442 City West Parkway Eden Prairie,MN 55344 tel:952-947-0000 • • 1111 • • �vivcvlifetimefitness.com Mr.Bob Lambert December 4,2003 Page 2 D) Mens and Womens Adult Locker Rooms E) Family Locker Rooms F) Children's Activity Center, including: Sport Court, Playmaze, Computer Learning Center and Outdoor Play Area G) Indoor Water Park, including: Lap Swimming Pool, Zero Depth Entry Recreation Pool with Water Slides and Hydrotherapy Whirlpools. H) Full Service Salon and Spa I) Restaurant J) Two Group Exercise Rooms K) Pilate/Yoga Studio L) 24,000 Square Feet of Exercise Area with approximately 1.5 Million Dollars of Equipment. FINANCIAL OBLIGATIONS: • Life Time Fitness will be responsible for the cost of the Fitness and Recreation Center, an approximately 650 car parking field, and the land required to develop these components. • The City will be responsible for the cost of the Water Park, additional parking required above the 650 spaces needed for the Fitness Center and the land required to develop these components. CONSTRUCTION: Life Time Fitness will be responsible for the construction of the entire development. OWNERSHIP: • Life Time Fitness will own and operate the Fitness and Recreation Center, the 650 car Parking Field and the Land required for both. • The City will own the Water Park, the additional parking, the land require for both, and will lease same to Life Time Fitness for a 40 year period at $1 per year with a mutually agreed upon buyout at the lease end. Corporate Office 6442 City West Parkway Eden Prairie,MN 55344 tel:952-947-0000 111 • • • www.lifetimefitness.com Mr.Bob Lambert December 4,2003 Page 3 WATER PARK OPERATION • Life Time Fitness will operate, insure and maintain the AND FEES: Water Park and its cost. • The fees for use of the water park by Eden Prairie residents will be the same as outlined in the Savage / Life Time Fitness Joint Venture Developers Agreement as shown below: A) Adults $6.00 Daily B) Second Adult Family Member or $5.00 Daily Child Ages 13-17 C) Children Under 13 $3.00 Daily D) Summer Unlimited Pool Pass 1) 17 Years and Above $300/Season 2) 13-17 Years of Age $250/Season 3) Under 13 Years $150/Season (The remainder of this page is intentionally blank) Corporate Office 6442 City West Parkway Eden Prairie,MN 55344 tel:952-947-0000 wtivwlifetimefitness.com1111 � Mr.Bob Lambert December 4,2003 Page 4 I look forward to further discussion with you and am confident that together we can develop a World-Class Fitness/Recreation and Aquatics Center for the City of Eden Prairie. Please contact me with any comments. Sincerely, Mark Zaebst Life Time Fitness Senior VP of Real Estate&Development 952/229-7471 mzaebst@lifetimefitness.com Nothing contained herein shall be binding on or enforceable by either Life Time Fitness of the City of Eden Prairie. Cc: Mayor Nancy Tyra-Lukens, City of Eden Prairie Dave Lindahl,Economic Development Manager—City of Eden Prairie Corporate Office 6442 City West Parkway Eden Prairie,MN 55344 tel:952-947-0000 wwwlifetimefitness.corn110 111 • MEMORANDUM To: Mayor and City Council Parks,Recreation and Natural Resources Commission From: Robert A.Lambert,Director of Parks and Recreation - Date: December 16, 2003 Eden Prairie Subject: Issues Relating to Proposed Referendum Requested Action City staff request the City Council and the Parks,Recreation and Natural Resources Commission to discuss issues relating to a possible referendum in the Spring of 2004. Synopsis If the City Council decides to proceed with a referendum in the Spring of 2004 there are a number of issues and decisions that have to be made relating to: 1. timing 2. the question 3. the amount 4. the process for determining what would be included on a referendum, etc. 5. the cost for a referendum including information flyers and actual costs to run a referendum, i.e.: ballots, election judges, etc. Considerations If the Council decides to hold a spring referendum City staff would recommend setting a date for either May 4 or May 11, if the decision is either of those two dates the Council would have to approve the exact language and the amount of the referendum no later than its' March 2nd meeting. Prior to determining the question and the amount,the Council would have to determine the process for arriving at that decision. That could be limited to a Council workshop, a recommendation by the Parks Commission, or a citizens committee appointed for that specific purpose. RAL:bju G:\Brenda\Letter&Memos\Lambert 2003\Memorandums\Issues Relating to Proposed Referendum memo.doc AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 16, 2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL TRUTH-IN-TAXATION HEARING,DECEMBER 1,2003 (p. 1) B. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 2,2003 (p. 3) C. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2,2003 (p. 6) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 16) B. ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES (p. 17) C. ADOPT RESOLUTION RELATING TO $745,000 GENERAL OBLIGATION REFUNDING BONDS (REFUNDING OF 1995A) SERIES 2004A(p. 81) D. ADOPT RESOLUTION REQUESTING HENNEPIN COUNTY CONVEY OWNERSHIP OF TAX FORFEITED LAND (OUTLOT B,RAVEN RIDGE)TO THE CITY OF EDEN PRAIRIE (p. 93) E. AWARD CONTRACTS FOR MAINTENANCE AND WATER TREATMENT CHEMICALS FOR 2004,I.C. 04-5607 (p. 95) CITY COUNCIL AGENDA December 16,2003 Page 2 F. APPROVE LAW ENFORCEMENT MUTUAL AID PACT BETWEEN THE CITY OF EDEN PRAIRIE AND THE CITY OF SHAKOPEE (p. 98) G. APPROVE LAW ENFORCEMENT MUTUAL AID PACT BETWEEN THECITY OF EDEN PRAIRIE AND CARVER COUNTY SHERIFF'S OFFICE (p. 108) VII. PUBLIC HEARINGS /MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACATION 03-09 (RESOLUTION) (p. 118) B. CAPITAL IMPROVEMENT PLAN (RESOLUTION) (p. 121) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. PROPOSAL TO INSTALL APPROVED INTERPRETIVE TRAIL SIGNAGE PROGRAM IN THE RICHARD T. ANDERSON CONSERVATION AREA (p. 132) XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF FINANCE MANAGER 1. 2003 Property Tax Levy and 2004 Fund Budget (Resolution' (p. 145) D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Jean Harris Memorial Bridge Fund Raising Update (p. 149) 2. Options for Acquisition of Birch Island Woods (p. 150) E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA December 16,2003 Page 3 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES TRUTH-IN-TAXATION HEARING EDEN PRAIRIE CITY COUNCIL MONDAY,DECEMBER 1,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING A. OVERVIEW OF 2004 PROPOSED BUDGET AND TAX LEVY Tyra-Lukens reminded the audience that this meeting is held to hear concerns about the city's proposed 2004 budget. She said Council chose to conduct the public hearing although for cities where the total proposed property tax levy does not exceed the previous year levy by 3.3481%, a hearing on the budget is not necessary. She said Eden Prairie's levy is proposed to increase by 1.9%. City Manager Scott Neal introduced Finance Director Sue Kotchevar who presented charts to illustrate the proposed 2004 budget. Kotchevar said the budget total property tax levy increased by 1.9% over 2003. She said with the median home value at$287,800, there is an increase of$43 or 4.9% annually in City taxes for property owners. She said based on the median home value of$287,800, the City property tax would increase$43 or 4.9%; and total tax increase, including Hennepin County and the school district,would be$134 or 4.1%. Kotchevar said objectives include developing and implementing a balanced budget, maintaining current service levels, complying with tax legislation,maintaining Aaa bond rating, continuing funding the Capital Improvement Plan and planning and budgeting for Fire Station#4. CITY COUNCIL AGENDA December 1,2000 Page 2 Kotchevar noted that there is a change in levy limit calculation and the Market Value Homestead Credit will not be funded by the state for 2004. She said $172,000 in local government aid was also eliminated for the City of Eden Prairie. Kotchevar explained the City's average taxable value increase for residential and apartment properties, and decrease for commercial properties. She said, although residential properties increased by 4.1%,the total property tax will also involve a 13.9% decrease for apartments and a 4.7% decrease for commercial properties. She said property tax distribution includes City of Eden Prairie, 27%; ISD 272 (school district), 26%,Hennepin County, 38%; and Other, 9%. Kotechevar gave an overview of General Fund revenues and expenditures,noting that expenditures include the development of a fourth fire station in 2005. Kotchevar stated that Utility Fund objectives are to maintain financially stable rate structure and retained earnings, to review utility rates annually,have no rate increase for 2004, and meet or exceed safe drinking water standards. She said the Utility Fund budget is basically flat and fluctuates depending on the weather. Kotchevar also explained the Liquor Enterprise Fund objectives and budget that is projected to increase by nearly 2%. Mosman asked how much taxes on a median priced home would increase. Kotchevar said 4.9% and that takes into account a 12.9%increase in value of a median priced home. B. PUBLIC COMMENT AND DISCUSSION The public offered no comments. IV. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Butcher moved, seconded by Case, to close the Public Hearing. V. ADJOURNMENT Mayor Tyra-Lukens adjourned the meeting at 7:20 p.m. 2 Ia, UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,DECEMBER 2, 2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert, City Assessor Steve Sinell, Economic Development Manager David Lindahl, Assistant Fire Chief Scott Taylor, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. STADIUM Lindahl introduced Pat MulQueeny,President of the Eden Prairie Chamber of Commerce, and David Welle, a consultant with CSL, the firm the City has retained to assist with a stadium proposal. Lindahl reviewed talking points that will be incorporated into a stadium proposal to the State. He said staff believes the Golden Triangle is an optimal site for either a single stadium or adjoining stadiums. Lindahl noted the following advantages of a Golden Triangle stadium site: • Ample land for up to two stadiums, including parking and consolidated practice facilities and corporate offices • Proximity and highway access to and from the metro area • Major highway improvements resulting in increased capacity planned and funded for Highways 494, 312/212 and 169 • Light Rail Transit from Minneapolis to the Golden Triangle area is already underway with resulting possibility of combining stadium and transit parking • Good potential for supporting/adjacent restaurant, hotel, retail and convention development and/or redevelopment • More than 30,000 existing parking spaces within the Golden Triangle • More than 100 restaurants and 15 hotels within three miles of the site 3 CITY COUNCIL WORKSHOP MINUTES December 2,2003 Page 2 • Strong support from the business community Lindahl acknowledged two challenges the City faces in attempting to win approval for a stadium site in Eden Prairie: • Stadium financing has not been identified by the State • The deadline is too short for the City to obtain adequate local, county and state financial support before the submittal due date Lindahl said the City has been considering making a bid for a new Vikings stadium for several months,but that the Vikings have been reluctant to commit to any one community. The Twins play 81 games per year,but this would still not bring enough revenue into the community to justify the City committing major funding. Lindahl said the City might consider taking a hit on tax revenues since a stadium would probably be tax-exempt. Lindahl said he is disappointed that the State's current approach is to focus on sites first rather than exploring financing options first. He said this approach tends to become parochial and is more political. Lindahl said he believes both Eden Prairie and Blaine could accommodate two stadiums. He does not believe Minneapolis or St. Paul could do so. He said parking typically generates significant revenue for professional teams, and there is ample land area in the Triangle to accommodate stadium owned parking Lindahl said he does not believe the City should advocate for a particular site within the Golden Triangle at this point. He said staff has requested that Best Buy endorse the City's proposal,but he has not gotten a response yet. Lindahl said he initially did not think the Twins would be willing to locate outside Minneapolis or St. Paul,but in a meeting with Twins executives last week, they showed some interest in exploring an Eden Prairie site. Lindahl said he believes Hennepin County will end up supporting the Twins staying in Minneapolis. He said he thinks Hennepin County should be asked to provide the same support to the Vikings that they offer to the Twins. Lindahl also met with Senator David Hann and Representative Erik Paulsen, and they indicated they think Eden Prairie is a good site for a stadium,but are not ready to discuss funding. Lindahl pointed out that a half-cent tax referendum is a possibility. He said gaming will also probably be discussed as a possible funding source. Lindahl said staff hopes to have a proposal firmed up within the next 30 days. He said that Blaine seems to have gotten good support from their business community. He said Eden Prairie also has the support of the business community,but there has not been sufficient time to quantify it. MulQueeny said the Chamber is planning to conduct an online survey of their members to help measure the level of business community support. MulQueeny noted he has received many supportive calls about the stadium, with no negative feedback thus far. Mayor Tyra-Lukens said this is a very different process from most development proposals, since it is the City and not a private party proposing the project. She asked if staff is truly confident that Eden Prairie can handle two stadiums. She said she would not want to be coerced into building a casino or 15-story hotel that might not be in the best interests of the City. Welle said proposals will not contain many specifics at this stage in LI CITY COUNCIL WORKSHOP MINUTES December 2,2003 Page 3 the process. He said if the City wins the proposal,they are in essence winning the right to start negotiating. He does not think the City is going too far out on a limb at this point. Lindahl said the City is currently favoring construction of a first-class retractable dome. Butcher said it does not seem as if the City has had a chance to take the pulse of the community on the stadium. She said she has been hearing concerns about traffic in relation to a stadium. Mosman agreed that she could see economic benefits from a stadium,but could also see potential traffic problems. Welle pointed out that planned improvements on Highways 494, 169 and 212 will help alleviate any potential traffic problems. Councilmember Young said he has heard a lot of anecdotal feedback on a stadium,most of it positive. He said his feeling that Eden Prairie residents in their late 30s want a water park and a stadium, and they also would not mind a hotel. City Manager Neal asked Welle what kind of role city governments typically play in stadium developments. Welle said there is a wide range of levels of involvement. He said some city's take the lead on a project while others indicate support by providing a site. He said about 22 percent of cities provide some direct financial contribution or create a special taxing district. He said the public entity generally steps aside once the facility is built. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-7:00 p.m.) Eden Prairie resident Vicky Miller addressed Council about Edenvale Villas development in the area of Kara Drive. She said that at all of the hearings before construction of the development began,residents expressed concerns about having an adequate tree buffer left. Now that construction has begun,Miller said it appears that more trees have been taken out than the developer initially indicated. She said she is disappointed and expects the developer to fulfill the original agreement. Public Works Manager Gene Dietz and City Planner Mike Franzen said they viewed the site earlier in the week and the work so far appears to conform to the approved grading plan. Tyra-Lukens wondered if the developer had not adequately communicated that the grading would eliminate a lot of trees. Miller asked if the developer can be asked to replant some pines to build up the tree buffer in this area. Franzen said that under the approved tree plan, trees can be placed anywhere on the site. He does not see a problem with asking the developer to place trees on this portion of the site, and he believes the developer will be agreeable to this request. He said he will call Miller after the tree plan is finalized so she can review it. Miller thanked Council and staff for their assistance. VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT 5 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 2,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens stated that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. She said Open Forum is reserved for scheduled participants and asked those who wish to speak to the Council during Open Forum to contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with their name and the subject matter they wish to address. She said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. Tyra-Lukens said Open Forum and Open Podium are not recorded or televised and the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. She said if you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. CERT CERTIFICATE CEREMONY Eden Prairie Fire Chief and Emergency Preparedness Director George Esbensen gave a review of the Citizen Emergency Response Team(CERT)training recently completed by 22 Eden Prairie residents and funded through a federal grant. He showed photos of the 20-hour long training class and thanked the volunteer coordinator, instructors and persons from the state Emergency Management office. The training was coordinated by Esbensen and the Eden Prairie Fire Department. CERT Certificates were presented at this ceremony to the following residents: Karen Amell, Mohamed Arab, Dave Baldrica, John Barrett, John Capouch, Curt Connaughty, Leon CITY COUNCIL MINUTES December 2,2003 Page 2 Corpuz, Khadra Duale, Mohamed Osman Duale, Jeff Forseth, Ikram Ibrahim, Wayne Johnson, Tom Juhnke, Tracy Keibler, Vladimir Kramarenko, Lisa Lewis, Ali Mohamud, Rosa Rummel, Joseph Skinner, Anthony Suaro, Lauren Weaver and Rich Westerberg. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal requested an item on the Clerk's list renewing the 2004 on-sale Sunday liquor license for Brunswick Eden Prairie Lanes be removed for consideration tonight and tabled until the Clerk's list is prepared for the December 16,2003 meeting. He said final changes to the ordinance need to be made. Under Councilmember Reports Butcher added an item regarding a comment she received from a resident and Mosman added an item regarding a traffic lecture she attended. MOTION: Case moved, seconded by Young, to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 18,2003 MOTION: Young moved, seconded by Butcher,to approve as published the Minutes of the City Council Workshop held November 18, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 18, 2003 Mosman said on page 9, third paragraph, she said she"stated that,"rather than"asked if"the archery range had already been graded. Butcher said, on page 3, third full paragraph, the second sentence should read"She asked if the words 'city of were intentionally omitted on the graphic for the window cling." Case said, on page 10, last paragraph, first sentence, substitute"investigating"for "doing" and"needs"for"requirements."In the same paragraph, last sentence, Case said he wondered if there could be a meeting to discuss the possibilities. Case specifically would want HPC Chair John Gertz to attend the meeting. MOTION: Mosman moved, seconded by Young, to approve as published and amended the Minutes of the City Council Meeting held November 18, 2003. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2003-167 SETTING THE PUBLIC HEARING DATE FOR LAYOUT APPROVAL AND MUNICIPAL CONSENT FOR NEW TH 212 IMPROVEMENTS FROM CSAH 4 TO EXISTING TH 212,I.C. 93- 5305 CITY COUNCIL MINUTES December 2,2003 Page 3 MOTION: Butcher moved, seconded by Mosman,to approve Items A-B of the Consent Calendar.Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. TRAXLER OFFICE BUILDING by Keith Traxler.Request for Comprehensive Guide Plan Change from Rural to Office on.43 acres,Planned Unit Development Concept Review on.43 acres,Planned Unit Development District Review with waivers on .43 acres,Zoning District Change from Rural to Office on .43 acres, Site Plan Review on.43 acres, and Preliminary Plat of.43 acres on 1 lot. Location: 9340 Hennepin Town Road. (Resolution No. 2003-168 for Comprehensive Guide Plan Change,Resolution No.2003-169 for PUD Concept Review,Resolution No. 2003- 170 for Preliminary Plat, Ordinance for PUD District Review,Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the November 20, 2003,Eden Prairie Sun Current, and sent to 32 property owners. He said this project is a 3,100 square foot office building.A Guide Plan change from Low Density Residential to Office, a parking setback waiver, and a tree replacement waiver is required. The project is located at 9340 Hennepin Town Road. On November 10,2003 the Community Planning Board voted 6-0 to recommend approval of the project to the City Council based on the Plan B Tree Replacement Plan. Neal said a small office building in this location can be a compatible land use near residential. The building is small,one story,with a pitched roof. Traffic is generally on weekdays; evenings and weekends are quiet. The site takes access to Hennepin Town Road. There is no access into a residential area. Neal stated in order to create a better buffer between the office building and the homes to the west, a parking setback waiver from 35 feet to 17.5 feet is needed. This waiver will provide more open space for trees. A waiver is required for tree replacement. The required tree replacement is 266 inches. He said the recommended Plan B is for 165 inches. There was no public comment. MOTION: Young moved, seconded by Mosman,to close the Public Hearing; and Adopt the Resolution for Guide Plan Change from Rural to Office on.43 acres;Adopt the Resolution for PUD Concept Review on.43 acres; and Approve 1st Reading of the Ordinance for PUD District Review with waivers on.43 acres and Zoning District Change from Rural to Office on.43 acres; and Adopt the Resolution for Preliminary Plat of.43 acres into 1 lot; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Case said he is ok with the tree replacement waiver. He said the building is tucked back 30 feet from a residential home and asked Franzen if the reason for packing the trees in that area is so that the border between the residential house and the building will not be CITY COUNCIL MINUTES December 2,2003 Page 4 visible within so many years.Franzen said that is correct and the trees are planted at the recommended spacings. Case asked if there is a berm in this location. Franzen said the site rises gradually to the west. There are no trees in this location. Case asked if the berm could be made greater. Franzen said Staff must evaluate the drainage from the back of the building. Case asked if Staff could look at the area and see if it's possible to increase the berm because he is concerned about placing a commercial building right next to a residential home. Franzen said if there is a practical way to do that, it will be explored with the developer and Staff will let Council know what they found by the time of second reading. Motion carried 5-0. B. HENNEPIN VILLAGE SITE A REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 30.5 acres,Planned Unit Development District Review on 2.55 acres, Zoning District Change from R1- 9.5 to RM 6.5 on 2.55 acres, and Site Plan Review on 2.55 acres. Location: North of Highway 212,west of Spring Road. (Resolution No. 2003-171 for PUD Concept Amendment, Ordinance for PUD District Review,Zoning District Change) City Manager Scott Neal stated that Official notice of this public hearing was published in the November 20, 2003,Eden Prairie Sun Current, and sent to 29 property owners. He said the approved plan for Site A is 144 units with 84 townhouses and 60 single family homes and there are four amendments to the approved plan: rezoning 33 Single family lots from R1-9.5 to RM- 6.5, and changes in housing mix, open space, and architecture. Neal said this new housing product is requested initially for Site A,but will eventually be requested for the remaining single family areas in Sites B, C, and D. He said the Community Planning Board reviewed this project at a Public Hearing on November 10, 2003 and voted 5-1 to recommend denial of the project to the City Council. Neal presented the background information on this plan. Neal said Franzen and the proponent,Dan Herbst from Pemtom, are available to answer questions. Franzen said although the recommendation from the Planning Board was for denial, but there were other messages from the Planning Board to the City Council. The Board reaffirmed the approved plan for site A. They were comfortable introducing the proposed product type for sites B, C and D and indicated they were comfortable with the architecture as proposed. Franzen said they also gave a mixed message about the loss of the open space and that it was maybe more important to be concerned with • the appropriate location for open space rather than a loss of open space. There were no comments from the public. Case asked Staff if there is any precedence for having a project like this that is approved come back to the Council and ask to tweak the style or type of housing. 9 CITY COUNCIL MINUTES December 2,2003 Page 5 Franzen said with planned developments of this magnitude,it's normal to expect changes in the market or preferences by customers that would cause the developer to come back to Council to consider revisions to the plan. He said he recalls Edenvale, Bluff Country and the Preserve which developed over a 10-year time period and things changed such as the size of homes.Franzen said in site A, the perimeter is multiple family with an interior that is single family where there are between 8-14 lots which have been purchased and are under construction. He said the developer's plan, initially,was consistent with what was approved by the Council. Butcher asked how many homes have been built and if the proponent has had a discussion with the people who have purchased single family homes about a potential change. Herbst introduced Wayne Soojian,Eden Prairie resident and president of the Ryland Group,to discuss the progress of site A. Soojian said Ryland entered into the agreement with Pemtom and has been actively involved in designing the product for the first phase which began construction over a year ago. He said there are approximately 100 homes under construction or completed, of which 75 are sold and approximately 50 are occupied. He said of that, 10 are single family with a 50/50 split of the remaining homes between the urban style townhome and the walkout prairie style townhome. He said 5 of the 10 single family homes that were sold are occupied or under construction. Soojian presented a map and showed the location of the sold single family homes as well as locations on the blocks where single family homes are expected to be built. Tyra-Lukens asked if anyone had put money down on single family lots in sections where types of housing will be mixed. Soojian said absolutely not. He said none of the lots that Pemtom is requesting the change on are under contract or offered for sale as of this date. Butcher asked if owners with purchase agreements had been contacted about the requested changes. Soojian said they have not been specifically contacted but they were informed at the time of purchase agreement that this change was pending. He said there is a contractual agreement between Ryland and a future homeowner,which is explicit within the agreement and signed by that purchaser, that the purchaser was made aware of this at the time of purchase. He said there is personal gain to the individuals should the change be denied in that should the individual decide he does not want to go forward with the purchase agreement, his money will be refunded. Butcher asked when the developer expected the single family lots would be sold. Soojian said it was expected they would sell at a similar pace to the prairie style townhome which is in the 35-45 homes per year pace. Butcher said of the 75 sold, there were 10 that were single family. Soojian said that is correct. Tyra-Lukens said there has been success with this product type in Hopkins and asked Soojian what the difference is between it working in Eden Prairie and there. Soojian said he thinks mistakes were made here in that Eden Prairie is more of a rural community in nature than Hopkins and they may have positioned the product 10 CITY COUNCIL MINUTES December 2,2003 Page 6 improperly.He said it's in Ryland's best interest to have a compatible use in a community that looks good. He said the three different architectural types work well together because they were designed and laid out in a compatible fashion. Tyra-Lukens asked if it is more the nature of the community than economics. She said she's hopeful that on sites B, C and D it's possible to have single family but asked if the market that is coming to the city is not looking for that. Soojian said there are some people that are interested in it but it's a choice of low-maintenance lifestyle. He said his preference would be to mix and match,but the zoning ordinance does not allow for that. He said they have tried to design a building that would fit within the pre-existing subdivision lines with a minimum amount of disruption. Mosman asked if the section Case referred to earlier is part of site A or C.Herbst pointed to the location of site A with 144 homes and said what is being asked tonight is a change in zoning and land use of the area circled in red and leave the rest as is. He said site B is probably a 2005-2006 scenario but data is not complete yet; site C is the balance of the Charlson property; and site D is the David Brown property. He said a lot of money has been invested in this project and they do not want to abandon it. Herbst said they would like to ask if there is a possibility that they could mix the product on sites C and D where sites would be rezoned to multi-family but change the name of the product from single family detached to detached townhouse and allow the product to go where the market decides. He said the other two products—the prairie and carriage house-would remain as approved. Mosman asked what are the percentages of types of homes in areas yet to be built. Herbst said in site A,there are 60 single family prairie homes, 46 heritage and 38 carriage; site C has 83 single family, 112 heritage, 146 carriage and 26 of the Wooddale product; and site D has 30 single family,22 heritage, 4 carriage and 26 Wooddale product. Mosman asked if the mix would cause a social dilemma because of the mix of families, couples, singles, and retired people. Herbst said he thinks it appeals to the consumer who wants everything on one level,but without putting the product on the market,they will not know how the mix will be. Mosman asked of the homes that were sold, are there families with children that may be the only ones in the single family homes. Soojian said he would not expect it would change the mix that much. Case asked if Staff could envision a legal way to mix the units and find a way to word it so that it's appropriate going into the future. Franzen said the PUD ordinance does not allow changing land uses within a district. He said you can vary performance standards, setbacks,building height and lot sizes,but cannot change the land use. He said the district that Pemtom is talking about is basically anything in single family or multiple family would work in this mixed use district.He said that is contrary to City ordinance where zoning is done specifically to a development plan. He said the plan proposed by Pemtom is to let the market determine what the final mix is going to be. 11 CITY COUNCIL MINUTES December 2,2003 Page 7 Franzen said Council needs to be prepared that if the market is not going well for single family, there is a possibility of all two-or three-unit buildings. Case asked if there is a multiple zoned piece of property, could single family homes be built there. Franzen said no. Case asked if there is a way,through variance or any other mechanism in the law or ordinance, to permit this.Franzen said a code amendment would have to be done to change the definition of permitted uses in a multiple family or single family district, but you would want that to precede the development proposal. Butcher asked how long a code change would take. Franzen said typically between 60-90 days. Butcher asked if lots could still be sold during that time. Franzen said only according to the approved plan. Case asked the developer if he believed the mix would allow him the flexibility to do what he felt he needed to do in sections D and C,would that cause him to be more flexible on site A. Case asked if the developer would be flexible if he knew the mix could change down the road. Herbst said one of the things they are attempting to do with site A is jumpstart absorption with that infill area. He said there are 50 vacant lots there that they are tying to fill in as quickly as possible for the benefit of the homeowners. Mosman said she is concerned that if Council does not do some type of change for site A, that 8 or 9 years is a long time for people to have construction in their neighborhoods. She said she would like to see something happen to help site A keep going for the interest of the whole community and all of Eden Prairie to look successful. Rosow said this really isn't a legal issue in terms of allowing or not allowing a mixed use. He said tools are there for the other sites,but it's more of a policy question because it's the opposite of the manner in which the city has allowed development to proceed. He said a code revision could be devised to allow the mixed use. He said there is exclusionary zoning so you cannot put different zoning types within the same zone. He said it would be very difficult to devise a system that is applicable only to Hennepin Village and it would probably be subject to challenge that it is spot zoning which is not allowed. Rosow said whatever is envisioned here Council would have to accept allowing in different instances as well. He said Council could direct Staff to come back with alternatives as to what that would look like and study the ramifications for development in the rest of the community.He said several alternatives could be suggested. Case said he has always been concerned that government should try to protect people from being set up for surprises such as potential loss of value to their property. He said he is leaning toward helping the developer make it successful at this point for the people that live there. Case said he thinks Council should proceed and ask Staff to 1a CITY COUNCIL MINUTES December 2,2003 Page 8 bring back proposals for how it could be done,what it would look like, and what implications and ramifications there are. He said it is important, case by case,to try to make Eden Prairie work as well as possible and he would like to see if the two products could mix on C and D and approve site A. Young said he believes the city should be flexible on site A and work out the same type of solution for sites C and D. Mosman said she thinks the city has a lot invested here and she thinks Council needs to make sure it is successful. MOTION: Mosman moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for approval of the Planned Unit Development Concept Review on 30.5 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers Zoning District Change from R1-9.5 to RM-6.5 on 2.55 acres; and direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations and Council conditions. MOTION: Mosman moved, seconded by case to amend Item 3 of the Resolution to read"The Community Planning board met November 10, 2003 and made its recommendations to the Council" and add as a condition to the resolution that prior to second reading, the proponent shall provide written evidence to City Staff that homeowners who already purchased single family homes have been advised of the change from single family to mulit-family homes. Motion, as amended, carried 5-0. Herbst asked Council for feedback on other issues. He said the third issue critical to Hennepin Village now to keep on track is that lots 1 and 2 of the office site are proposed to be converted to the condominium type of townhome. He said the two sites are residential-friendly and gave proposed features and advantages of the sites. He said the product would been in the$200,000 or less range. Herbst asked Council to consider having him take the product to the staff at MAC to get their position it and if they are not supportive, then he will not bring it back to the Council. Herbst said the cost of finishing intersection of Charlson Road and 212, originally estimated at$915,000, is currently estimated between$2.3M and$3M.He said it would be very difficult for the office site to support that cost and that is a factor in the development of the site. In addition,he said the intersection does not currently justify a signal with projected traffic counts. Neal said Staff has talked with Herbst on these issues. He cautioned Council on feedback tonight and said this is not the right environment for deal-making.He said the City's commitment to MAC is simply to notify them of future residential developments in the area. He said MAC staff is aware that this was guided the way it was and they are aware of the consideration to change it to multi-family. 13 CITY COUNCIL MINUTES December 2,2003 Page 9 Dietz said the$915,000 from the original feasibility report was not the total cost of the intersection; it was the cost attributable to Hennepin Village. He said the original cost of the intersection was about$1.5M so it is now up an additional$1M from what was initially anticipated in the feasibility study. He said it was with the most recent traffic analysis done for sites C and D that the costs have gone up. He said the original feasibility study did not plan for a signal. But over the course of discussing the office product and making it successful, it was desirable to have the signal as well as the extension of a thru lane to the west. He said the original feasibility study anticipated that the development community would pay those entire costs. Dietz said the way this is structured today is that the intersection would not be required to be built until all of the residential component were underway,but the developer could implement as much as 20 percent of the office product before the intersection would be triggered. Case said he sees no problem with Herbst going to MAC to see if the initial change from office to residential is acceptable. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4; RELATING TO LIQUOR LICENSING City Manager Scott Neal said the proposed City Code amendment would define "Bowling Center" and to define principle part of business for the"bowling center" and make conforming changes. Neal said this was discussed at the last Council meeting and there seemed to be support to proceed with it. He said both readings are scheduled this evening, and in order to approve these readings,there needs to be a unanimous vote on both. Tyra-Lukens asked Neal to clarify the timeframe. Neal said the liquor licenses begin January 1 and it was appropriate to have the ordinances read and approved by Council prior to granting them a liquor license. MOTION: Case moved to adopt the first reading of an Ordinance amending City Code Chapter 4, Section 4.01, 4.05,4.06,4.22, 4.32 and 4.33; relating to liquor licensing. Seconded by Butcher, motion carried 5-0. Iy CITY COUNCIL MINUTES December 2,2003 Page 10 B. SECOND READING OF ORDINANCE NO. 35-2003 AMENDING CITY CODE CHAPTER 4; RELATING TO LIQUOR LICENSING City Manager Scott Neal stated that the second reading of the ordinance is coming before the Council on December 2nd in order for Brunswick to qualify for renewal on January 1,2004. He said that license would come to the Council for approval on the Clerk's List at the next meeting on December 16,2003. MOTION: Case moved, seconded by Butcher,to adopt the second reading of an Ordinance amending City Code Section 4.01, 4.05, 4.06, 4.22, 4.32 and 4.33;relating to liquor licensing.Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Butcher noted that she had a wonderful comment from a resident,Dave Quanbeck, who said he is very pleased with the road improvements to the Alpine Hillcrest area. Mosman requested her report be postponed until the next meeting. B. REPORT OF CITY MANAGER C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:44 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 16,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List 'Christy Weigel These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Solid Waste Collector (remainder of 2003 &all 2004) Armor Roll-off Services B &K Eden Prairie, Inc DBA: Armor Waste System DBA: Super Gas U.S.A. The Buckingham Companies DBA: Buckingham Trucking, Inc. 2004 Renewal Licenses Dick's Sanitation Service On-Sale and Sunday Liquor DBA: Lakeville Sanitary Service/Dick's Sanitation Leiserv,Inc. DBA: Brunswick Eden Prairie Lanes Robert Nitti DBA: Lightning Disposal, Inc. On-Sale Wine with Strong Beer Randy's Sanitation,Inc. Detello's, Inc. DBA: Detello's Pizza&Pasta JNTDL, Inc. DBA: Tidy Disposal India Palace New, Inc. DBA: India Palace Cigarette & Tobacco Products Conoco Phillips Company (Formerly Phillips Petroleum Co.) DBA: Circle K/66#6220 Twin Cities Stores, Inc. DBA: Oasis Market#527 Private Kennel Beth Ruppert—Dogs CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 16,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance A Resolution Regulating Fees and Charges for Sue Kotchevar Business Licenses,Permits, and Municipal Services. Requested Action Move to: Adopt the Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis This resolution requires approval on an annual basis. Attachments Reports listing changes. Fee Resolution.. l� 2004 Propose! Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Business License 7.Other Dog Kennels $55.00 $75.00 Commercial Per year. If less than one year,amount will be prorated over remaining months. Peddlers $25.00 $30.00 Annual Government issued identification required Refuse&Garbage $50.00 $100.00 Annual 1st Vehicle Building Inspections Cash Park Fee Single Family Unit $2,500.00 $2,800.00 All other residential $2,500.00 $2,800.00 Per unit Office,Commercial, Industrial $7,000.00 $7,500.00 Per acre Fire Prevention Miscellaneous Fees $0.00 $75.00 Per Minnesota State Fire Code See Attachment A for listing of fees Fire Prevention Permits Burning permits $50.00 $75.00 Per site limit 2 days per week Flammable&combustible $25.00 $75.00 Per tank Less than 1,000 gallons liquid tank removal; Flammable&combustible $45.00 $150.00 Per tank Greater•than 1,000 gallons liquid tank removal; Grease vapor removal $60.00 $80.00 Per cleaning system cleaning LP gas tank(temporary heat) $25.00 $75.00 Per tank Special Hazard Permit-MUFC $95.00 $150.00 Article 4 Tents/Canopy $25.00 $35.00 Per tent Residential Tents/Canopy $0.00 $75.00 Per tent Commercial �� 0 2004 Proposed [ages to the Fee Resolution Service 2003 Fee 2004 Fee Description Development Community Development Deposit 0 to 40 acres $3,100.00 $3,200.00 A development deposit agreement is required to planned unit developments, planned unit development amendments,rezoning, platting,site plan review, guide plan changes and environmental assessment worksheets. Guide Plan Charge $515.00 $535.00 Plus$5.00 per acre Planned Unit Development(P.U.D.)Fee $565.00 $590.00 Plus$5.00 an acre Planned Unit Development Amendment $565.00 $590.00 Plus$5.00 an acre Platting Residential-0 to 10 units $370.00 $385.00 Plus$5.00 a unit Residential-11 or more $470.00 $490.00 Plus$5.00 per unit Commercial,Industrial, $370.00 $385.00 Plus$25.00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $470.00 $490.00 Plus$25.00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $255.00 $265.00 Site Plan Review(City Council) Multi-Family-0 to 10 units $360.00 $375.00 Plus$5.00 per unit Multi-Family-11 or more units $460.00 $475.00 Plus$5.00 per unit Commercial,Industrial, $360.00 $375.00 Plus$25.00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $460.00 $480.00 Pius$25.00 per acre Office,Public-3.1 or more acres I 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Zoning 1.Residential 0-10 units $360.00 $380.00 Plus$5.00 per unit 11 or more units $460.00 $480.00 Plus$5.00 per unit 2.Commercial,Industrial,Office, Public 0-3 acres $360.00 $380.00 Plus$25.00 an acre 3.1 or more acres $460.00 $480.00 Plus$25.00 an acre Shoreland Management Ordinance Permits Temporary Structure in $50.00 $55.00 Public waters Change in structure in public $50.00 $55.00 waters Multiple dock or dock excess $50.00 $55.00 of 75' Zoning Amendment and Zoning Appeal(Appeal to Board of Adjustments and Appeals) Zoning amendment $200.00 $210.00 Variances Residential $275.00 $285.00 Includes residential zoned properties for new construction, building additions,decks, porches,garages,accessory structures and variances from all chapters of the City Code Variances Other $450.00 $465.00 Includes variances associated with properties zoned office, industrial,commercial and residential Variances Building or Fire $200.00 $210.00 as 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Community Center Equipment Rental Ping Pang Tables $5.00 $0.00 Per table Per use Fitness Center Ping Pong Table with room $10.00 $0.00 Two hours Standard room rates apply. Meeting room may be rental Meeting Room A&one table reserved only within one with equipment week.Additional table with equipment is$5/for 2 hours Lifeguards Per hour $12.00 $13.00 Lifeguards must be added as follows at the rate of$13/hour Memberships-Non-Resident Senior Household $0.00 $155.00 Memberships-Resident Senior Household $0.00 $120.00 Senior Citizens are not required to have a membership at the Communtiy Center in order to receive the 25%discount on Community Center Recreation Programs Special Ice Rates-School District 272 Per Hour $52.50 $55.00 Physical Ed classes 50%of non-prime time rate Special Pool Rates Swim Meets $55.00 $57.00 Per hour 41 2004 Pr 1, i [ ges to the Fee Resolution Service 2003 Fee 2004 Fee Description Community Center-Policy of Group Rate& Liabilities Lock-In-11 p.m.to 5:30 a.m. Lifeguards $12.00 $13.00 Per hour 1 to 50 Participants-2 100 plus participants-4 lifeguards required lifeguards required. 51 to 100 participants-3 Additional lifeguards lifeguards required determined by management depending on group size and ages. Pool Rental $40.00 $42.00 Hour Two hour minimum plus $13.00/hr per lifeguard Oak Point Pool Oak Point Pool Rental-Lifeguards(Pool Rental in Addition to These Fees) Small Slide Pool rental only $36.00 $39.00 Per hour for three lifeguards Requires a minimum of three Additional lifeguards will be lifeguards determined by management depending on group size and age Large Pool rental only $24.00 $26.00 Per hour for two lifeguards Requires a minimum of 2 Based on non-holiday lifeguards Rental of entire pool facility $60.00 $65.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards Beaches Boat&Marina Rental Canoe Rack Storage $0.00 $45.00 Per Rack Der Season Canoes $3.50 $0.00 No longer a fee Rowboats $3.50 $0.00 No longer a fee Senior Center Building Aide Set up charge for classroom $20.00 $0.00 No longer a fee Set up charge for Community $35.00 $0.00 No longer a fee Room Cleaning Deposit $25.00 $0.00 No longer a fee } 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Organized Athletics Adult League Play (Non youth sport teams) $0.00 $22.00 per game Ballfield Tournaments State,Regional,and $65.00 $85.00 Per day,per field National Tournaments Other youth and adult $45.00 $85.00 Per day,per field tournaments Additional charge when $15.00 $5.00 Per day,per field lights are used Clinics and Camps $0.00 $35.00 per field,per day Engineering Excavation&Grading-Grading Permit Fee 101 to 1,000 cubic yards $39.00 $40.00 1st 100 cubic yards plus$19.00 for each add!100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $206.00 $211.00 1st 1,000 cubic yards plus$16.00 for each add!1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $345.00 $355.00 1st 10,000 cubic yards,plus$72 yards for each add!10,000 cubic yards . or fraction thereof 100,001 or more $975.50 $1,003.00 1st 100,000 cubic yards,plus $40.00 for each add!10,000 cubic yards or fraction thereof Inspections outside normal $53.00 $55.00 Per hour* Minimum charge is two hours business hours 7 a3 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Additional plan review fees $31.00 $32.00 Per hour* Required by changes, Minimum charge is one half additions,or revisions to hour approve plans Reinspection fee assessed $53.00 $55.00 Each under provisions of Section 108.8 Inspection for which no fee is $53.00 $55.00 Per hour* Minimum charge is one half specifically indicated hour Additional plan review $53.00 $55.00 Per hour* Minimum charge is one half required for changes, hour additions,or revisions to approved plans Excavation&Grading-Plan Checking Fee 101 to1,000 cubic yds $39.00 $40.00 1,001 to 10,000 cubic yds $52.25 $54.00 10,001 to 100,000 cubic yds $52.25 $54.00 1st 10,000 cubic yards,plus$27 for each add'I 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yds $286.00 $297.00 1st 100,000 cubic yards,plus$14 for each add!10,000 cubic yards or fraction thereof 200,001 cubic yards or more $426.50 $437.00 1st 200,000 cubic yards,plus $8.00 for each add'l 10,000 cubic yards or fraction thereof Additional plan review fees $31.00 $32.00 Per hour* Required by changes, Minimum charge is one half additions,or revisions to hour approve plans Permit for right-of-way excavations Mainline Utility and $17.00 $17.50 Per/100 L.F Telecommunication Installations Repair or Service $22.75 $23.50 Turf Area Repair or Service $56.00 $58.00 Pavement Area 7 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Residential Driveway $22.75 $23.50 Commercial Driveway $56.00 $58.00 All other Excavations $22.75 $23.50 Turf Area All other Excavations $56.00 $58.00 Pavement Area Public Right-Of-Way or Easement Vacation Application Fee $240.00 $250.00 Per transaction For vacating the City's interest in real property,including right-of-way and easements (for consultation,review, notice mailing,publication of notice and recording) Special Assessment Searches Non-resident $16.00 $16.50 Per parcel No charge for Eden Prairie residents on searches of their homesteaded property Street Signs 9 Button Delineator-Red $119.00 $122.00 Intl breakaway post&install Future Road Extension $229.00 $235.00 Intl 2 posts&install 36"x 30" Advisory Keep Right Symbol $119.00 $122.00 incl 9 button delin-Yellow,no post Keep Right Symbol $142.00 $146.00 incl 9 button delin-Yellow,install, post . Keep Right Symbol $164.00 $169.00 Intl 9 button delin-Yellow,install& breakaway post No Outlet $109.00 $112.00 Intl post&install 24"x 24" 9 Button Delineator-Red $99.00 $102.00 Intl post&install No Parking $123.00 $127.00 Intl post&install Used for Turn-Around 25 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Other Inspections&Fees $147.00 $0.00 No longer a fee Stop Sign $119.00 $122.00 Ind brackets,install,no post 30"x 30' Stop Sign $142.00 $146.00 Ind brackets,install,with post 30"x 30' Street Name Sign $196.00 $202.00 Ind install w/12'post 6"x 6" Street Name Sign $219.00 $225.00 Ind install w/12'post 6"x 9" Street Name Sign $236.00 $243.00 Ind install w/12'post 9"x 9" Temporary Street Name Sign $146.00 $150.00 Plus 15%surcharge for maintenance until permanent signs in place Weight Restrictions Truck overweight permit fee $30.00 $31.00 Per trip Engineering -Land Development Services Final Plat Residential $47.50 $49.00 per unit Minimum$310 Plus cost of review by special consultants necessary as determined by the City Manager.Deposit required. Paid prior to release of Plat. Commercial,Industrial, $115.00 $118.00 Per acre Minimum$310 Office and Public Administrative Land Division $61.00 $63.00 2004 Proposed Changes to the Fee Resolution Service 2003 Fee 2004 Fee Description Utilities Lawn Irrigation Restrictions Per occurrence $25.00 $0.00 Surcharge for non-compliance with lawn irrigation restrictions and prohibitions First occurrence $0.00 $25.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Second occurrence $0.00 $50.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Third occurrence $0.00 $100.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Fourth occurrence $0.00 $200.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Fifth&subsequent $0.00 $300.00 Surcharges for non-compliance occurrences within a two with lawn irrigation restrictions year period and prohibitions • ao a as C a7 to. 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E a 1C Y Y Y .Y co U N u. cc ocicc o CO 0 CO a a �a CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: Page Business Licenses 2 Office of the City Manager Customer Service 5 Facilities 6 Finance 7 Community Development Assessing 8 Building Inspections 9 Development 14 Zoning 15 Zoning-Telecommunications 16 Parks&Recreation Community Center 17 Community Center-Policy of Group Rate&Liabilities 20 Oak Point Pool 21 Beaches 22 Senior Center 23 Special Events 24 Organized Athletics 25 Pleasant Hills Cemetery 26 Community Garden Plots 27 Police 28 Fire 31 Public Works Services • Engineering 32 Engineering Land Development Services • 35 Utilities 36 Facilities Rental Facility Rental Information 39 City Center&Community Meeting Rooms 40 Garden Room 41 Community Center 41 Oak Point Pool 44 Park Facilities Rental 45 Senior Center 47 Attachment A—Miscellaneous Fire Fees 48 36 2004 Fee Resolution Service Fee Description Business License 1.Liquor- Non-Intoxicating malt liquors On-Sale $750.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Off-Sale $150.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Investigation Fee $500.00 Initial Application 1.5 Liquor-Intoxicating Malt Liquors Growlers $250.00 Annual Off-Sale 2.Liquor On-Sale On-Sale $8,500.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Investigation Fee $500.00 Initial Application Investigation Fee $25.00 License change-New Manager Investigation Fee $150.00 License Change(Other than Management Change) 3.Liquor On-Sale Fraternal Clubs Liquor On-Sale $100.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Investigation $500.00 Initial Application Investigation Fee $25.00 License Change-New Manager Investigation Fee $150.00 License Change(Other Than Management Change) 3.5 Liquor On-Sale Non-Fraternal Clubs Liquor On-Sale $4,250.00 Annual Investigation $500.00 Initial Application Investigation Fee $25.00 License Change-New Manager i31 2004 Fee R. , ion Service Fee Description Investigation Fee $150.00 License Change(Other Than Management Change) 4.Liquor On-Sale Wine On-Sale $2,000.00 Per year. If less than one year,amount will be prorated over remaining months. Investigation $500.00 Initial Application Investigation Fee $25.00 License Change-New Manager Investigation Fee $150.00 License Change(Other Than Management Change) 5.Liquor Other Temporary Beer $0.00 Requires application Temporary Wine $0.00 Requires application • Sunday Liquor $200.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Special Events $200.00 Per Event 6.Liquor Investigation Fee An investigation fee not to exceed$500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior approval,if the investigation is required 7. Other Bicycle $10.00 Bingo(Gambling) $0.00 Requires application Cigarettes $250.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Commercial Fertilizer $50.00 Annual 1st vehicle Applicator 2004 Fee Resolution Service Fee Description Commercial Fertilizer $25.00 Annual Each Additional Vehicle Applicator Dog Kennels $30.00 Private Per year. If less than one Required for 3-5 animals.Must also year,amount will be prorated purchase individual dog licenses over remaining months. Dog Kennels $75.00 Commercial Per year. If less than one year,amount will be prorated over remaining months. Dog License $20.00 Biennuial Inspections $0.00 Plumbing No fee-State Bond/Insurance required Non-Profit Solicitor $0.00 Requires application Peddlers $30.00 Annual Government issued identification required Raffle(Gambling) $0.00 Requires application Refuse&Garbage $100.00 Annual 1st Vehicle Refuse&Garbage $25.00 Annual Each Additional Vehicle Scavengers $10.00 Annual • 1 33 2004 Fee Resolution Service Fee Description Customer Service City Code City Code-Bound copy $100.00 Original Chapter 11&12 $10.00 Maps and Printing 1st map per resident No fee-distributed at customer service desk Each additional map $0.50 Distributed at customer service desk Per square foot $0.50 Miscellaneous printing City Maps $5.00 Small size 2'x3'or less City Maps $9.00 Large size Overlay Composites $11.00 1/2 section Each Mark Hurd Co.topography $12.50 per acre Previously purchased by the Except$9/sheet if topo map map city purchased by other than City and with original purchasers permission. New order through Mark Hurd Co.- their original charge plus$.50/acre CD ROM specifications $20.00 • City Council minutes $75.00 Annual Pro-rated City Council agendas $24.00 Annual Pro-rated Duplicating costs $0.25 Per page Plus postage,if any Planning Commission $24.00 Annual Pro-rated agendas Planning Commission minutes $50.00 Annual Pro-rated Video tape of council& $5.00 Per tape Plus cost of postage commission meetings .V 3Lj • 2004 Fee Resolution Service Fee Description Facilities Audio-Visual Equipment Dry Erase Board(3'x5')with $7.50 markers Easel $5.00 Extra pad of paper $12.00 Each Flipchart/Dry Erase $10.00 (245(30")with paper Microphone/stand&speakers $15.00 Microphone,wireless clip-on $20.00 and speakers Overhead projector $15.00 Podium,floor model $7.50 Podium,table top model $5.00 Slide projector with carousel $15.00 Screen,projection(tripod $10.00 stand)6'x6' TV/VCR on cart $15.00 Building Supervisor Per hour $5.00 Monday-Thursday,5:00 p.m.- 10:00 p.m. Per hour $10.00 Weekends Custodial Per hour $25.00 Time and a half will be charged on weekends 35 2004 Fee Resolution Service Fee Description Finance Tax Exempt Financing Charge Application fee $2,000.00 Per transaction Annual fee 1/8 of 1%on the unpaid principal This resolution has no effect This charge is effective for all new balance at the end of each 12- on projects currently projects receiving council month period responsible for a fee authorization on or after March 1, persuant to Resolution No. 1991 for the issuance of revenue 85-135 and its subsequent authorization and for all existing projects which require council authroization on or after March 1, 1991 2004 Fee Resolution Service Fee Description Assessing 1. Value Abatement Per parcel $25.00 Per year 2. Copy of Appraisal/Field Card $2.00 3. Electronic copies of Data Bases Basic set-up charge $300.00 Prepayment required for all set-up Includes$100.00 for LOG1S charges Plus $0.05 Per record Plus media charge At actual cost 4. Printed copies of reports or databases Basic set-up charge $200.00 Prepayment required for all set-up charges Plus $0.25 Per page 5. Electronic copies of reports Basic set-up charge $200.00 Prepayment required for all set-up charges Plus $0.05 Per record 2004 Fee Resolution Service Fee Description Building Inspections Building Permit-Valuation $1 to$500 $23.50 $501 To$2,000 $23.50 1st$500 plus$3.05 each add! $100 or fraction thereof,to& including$2000 $2,001 to$25,000 $69.25 1st$2,000 plus$14 each add'I $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 1st$25,000 plus$10.10 each add'I$1,000 or fraction thereof,to &including$50,000 $50,001 to$100,000 $643.75 1st$50,000 plus$7 each add'I $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993.75 1st$100,000 plus 5.60 each add'I $1,000 or fraction thereof,to& including$500,000 $500,001 to$1,000,000 $3,233.75 1st$500,000 plus$4.75 each add'I$1,000 or fraction thereof,to &including$1,000,000 $1,000,001 &up $5,608.75 1st$1,000,000 plus$3.65 each add'I$1,000 or fraction thereof Building Permit Other Inspections&Fees Plan checking 65%of the building permit fee if valuation is greater than$10,000 Reinspection $47.00 Per hour Demolishing or Razing $25.00 Buildings Cash Park Fee Single Family Unit $2,800.00 All other residential $2,800.00 Per unit Office,Commercial, Industrial $7,500.00 Per acre 2004 Fee Resolution Service Fee Description Fire Alarm&Non-Water Suppression Valuation-1 to 1,000 $45.00 Valuation-1,001 to 3,000 $45.00 1st$1,000 plus$3 for each additional$100 or fraction thereof Valuation-3,001 to 10,000 $105.00 1st$3,000 plus$13 for each additional$1,000 or fraction thereof Valuation-10,001 to 50,000 $196.00 1st$10,000 plus$7 for each additional$1,000 or fraction thereof Valuation-50,001 and up $280.00 1st$50,000 plus$3 for each additional$1,000 or fraction thereof • Plan Check 65%of permit fee Fire Prevention Miscellaneous Fees $75.00 Per Minnesota State Fire Code See Attachment A for listing of fees Fire Prevention Permits Burning permits $75.00 Per site Limit 2 days per week Fireworks $25.00 Plus standby firefighters at present hourly rate. Rates set by the State Flammable&combustible $75.00 Per tank Less than 1,000 gallons liquid tank removal; Flammable&combustible $150.00 Per tank Greater than 1,000 gallons liquid tank removal; Grease vapor removal $80.00 Per cleaning system cleaning LP gas,flammable& $75.00 combustible liquid tank installation LP gas tank(temporary heat) $75.00 Per tank Special Hazard Permit-MUFC $150.00 Article 4 Tents/Canopy $35.00 Per tent Residential 2004 Fee Resolution Service Fee Description Tents 1 Canopy $75.00 Per tent Commercial Fire Sprinkler Systems 1-5 heads $45.00 6-25 heads $45.00 1st 5 heads plus$17 for each additional 10 heads or fraction thereof 26-50 heads $79.00 1st 25 heads plus$13 for each additional 10 heads or fraction thereof 51-200 heads $118.00 1st 50 heads plus$11 each additional 10 heads or fraction thereof 201 and up $209.50 1st 200 heads plus$5 for each additional 10 heads or fraction thereof Relocate sprinkler heads,piping or appliances-fees are the same as described above for new installations Standpipes $45.00 1st standpipe plus$10 for each additional standpipe Fire Pump $125.00 Heating&Ventilating-Job Valuation 0 to$1,000 $20.00 $1,001 to$10,000 $20.00 1st$1,000 plus$1.50 for each add'I$100 or fraction thereof,to and including$10,000. $10,001 to$50,000 $155.00 1st$10,000 plus$12.50 for each add'I$1,000 or fraction thereof,to and including$50,000.. $50,001 and up $655.00 1st$50,000 plus$10 for each additional$1,000 or fraction thereof. Heating& Ventilating-Other Gas Piping $8.00 Each opening • Reinspection $47.00 4-1 6 20114 Fee Resolution Service Fee Description Double fee All work started without a permit Moving a Building Moving a building $250.00 $1,000 deposit each from the owners of the building and building mover. Moving a garage only $50.00 $1,000 deposit each from the owners of the building and building mover. Plumbing Minimum permit fee $20.00 Barbecue $8.00 Electric water heater $10.00 Fixtures $10.00 Each For each openings on gas $8.00 For extending water lines $10.00 Gas stove $8.00 Incinerator $8.00 Inside change over-sewer, $15.00 water or both Meter inspection and sealing $15.00 Municipal sewer per 100 feet $15.00 Municipal water per 100 feet $15.00 New ground run for existing $10.00 building Rough-in fixtures $10.00 Setting fixtures on previous $10.00 Sewage disposal $150.00 ' LI I 2004 Fee Resolution Service Fee Description Storm Sewer&sub soil $15.00 per 100 feet drains Sillcocks $10.00 Sump and receiving tank $10.00 Washer openings $10.00 Water treating device $10.00 (softener) Plumbing-Other Inspections&Fees Reinspection fee $47.00 Each Double fee-all work started $47.00 Each without a permit Septic System Pumping $20.00 System Access Charges-Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges-Utility Charges Sanitary Sewer Residential $520.00 Per R.E.C. Industrial, Public, Office $895.00 Per Metro SAC Commercial $1,270.00 Per Metro SAC System Access Charges-Utility Charges Water Residential $2,190.00 Per R.E.C. Industrial,Public,Office $2,830.00 Per Metro SAC Commercial $3,470.00 Per Metro SAC Water/Sewer Connection $13,520.00 A connection fee of$13,520 per single unit is applicable if the property has not participated in the cost of the utilities by other methods I`' 2004 Fee Resolution Service Fee Description Development Community Development Deposit D to 40 acres $3,200.00 A development deposit agreement is required to planned unit developments,planned unit development amendments,rezoning, platting,site plan review,guide plan changes and environmental assessment worksheets. 41 to 80 acres $3,600.00 B1+acres $4,100.00 Guide Plan Charge $535.00 Plus$5.00 per acre Planned Unit Development(P.U.D.)Fee $590.00 Plus$5.00 an acre Planned Unit Development Amendment $590.00 Plus$5.00 an acre Platting Residential-0 to 10 units $385.00 Plus$5.00 a unit Residential-11 or more $490.00 Plus$5.00 per unit Commercial,Industrial, $385.00 Plus$25.00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $490.00 Plus$25.00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $265.00 Site Plan Review(City Council) Multi-Family-0 to 10 units $375.00 Plus$5.00 per unit Multi-Family-11 or more units $475.00 Plus$5.00 per unit Commercial,Industrial, $375.00 Plus$25.00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $480.00 Plus$25.00 per acre Office,Public-3.1 or more acres 2004 Fee Resolution Service Fee Description Zoning 1.Residential 0-10 units $380.00 Plus$5.00 per unit 11 or more units $480.00 Plus$5.00 per unit 2. Commercial,Industrial, Office,Public 0-3 acres $380.00 Plus$25.00 an acre 3.1 or more acres $480.00 Plus$25.00 an acre Shoreland Management Ordinance Permits Temporary Structure in $55.00 Public waters Change in structure in public $55.00 waters Multiple dock or dock excess $55.00 of 75' Zoning Amendment and Zoning Appeal(Appeal to Board of Adjustments and Appeals) Zoning amendment $210.00 Variances Residential $285.00 Includes residential zoned properties for new construction, building additions,decks, porches,garages,accessory structures and variances from all chapters of the City Code Variances Other $465.00 Includes variances associated with properties zoned office, industrial,commercial and residential Variances Building or Fire $210.00 Code Appeal • 24y 2004 F Resolution Service Fee Description Zoning -Telecommunications Commercial Wireless Communications towers and/or antennas Administrative $250.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City. Variances required for tower See Development Fees and/or antennas Site Plan Review required See Development Fees for tower and/or antennas 1-13 20114 Fee Resolution Service Fee Description Community Center Equipment Rental Free to Eden Prairie non profit service organization groups. Flip Chart $10.00 Per chart Per use Ice Skates $1.50 Per pair Per use Overhead Projector $15.00 Per use Projector Screen $10.00 Per use Racquetball Racquets $2.00 Per racquet Per use TVNCR Cabinet $15.00 Per use Fitness Center Free with Membership Non-member individual use $3.50 Per use Must be age 14 and up to use Fitness Center Rental of entire space $50.00 Per hour Individual Open Swim Tot(ages 4&under) $2.00 Non Member Members free Youth(ages 5 to 18) $3.00 Non Member Members free Adult(ages 19&up) $3.50 Non Member Members free Senior(62&over) $3.00 Non Member Members free Family $10.00 Non Member Members free Maximum of four family members Children under the age of 7 must be accompanied by an adult in the • water Lifeguards Per hour $13.00 Lifeguards must be added as follows at the rate of$13/hour 2004 Fee Resolution Service Fee Description One to 50 swimmers Second lifeguard required 51-100 swimmers Third lifeguard required 101 or greater Additional lifeguards will be determined by management depending on group size and age Lockers There is no charge,but members/guests must provide their own lock Memberships Corporate Memberships $750.00 Five adult memberships Or$150.00 per adult with a To be eligible a company must be minimum of five located in EP Memberships-Non-Resident Youth(18&under) $125.00 Adult(19-61) $220.00 Senior(62&over) $125.00 Senior Household $155.00 Household $310.00 Memberships-Resident Youth(18&under) $100.00 A residents either lives or works in Eden Prairie Valid for 12 months from date of purchase Adult(19-61) $170.00 Household $240.00 Senior Household $120.00 Senior Citizens are riot required to have a membership at the Communtiy Center in order to receive the 25% discount on Community Center Recreation Programs 2004 Fee Resolution Service Fee Description Senior(62&over) $100.00 Senior citizens receive 25% Senior Citizens are not required to off the cost of all individual have a membership at the Communtiy Comm.Center recreation Center in order to receive the 25% programs offered by the City discount on Community Center of EP to include:lessons, Recreation Programs classes,open swim,open skate,racquetball,and the fitness center. Special Ice Rates-Individual open skate Tot(ages 4&under) $2.00 Non Members Members free Youth(ages 5 to 18) $3.00 Non Members Members free Adults(ages 19&up) $3.50 Non Members Members free Senior(62&over) $3.00 Non Members Members free Family $10.00 Non Members Members free Maximum of four family members Special Ice Rates-School District 272 Per Hour $55.00 Physical Ed classes 50%of non-prime time rate Hockey Games Prime time rate Personnel required to run the City keeps the gate minus ice time games supplied by others and personal costs Special Pool Rates EP School Dist 272- Based on prime time rate for 5,490 physical ed classes total square feet Lifeguard training class with $95.00 Per student($1,000 minimum) When course is conducted by EP School Phy Ed Dept City Staff Swim Meets $57.00 Per hour / LIEF 3 2004 Fee Resolution Service Fee Description Community Center-Policy of Group Rate& Liabilities Group Rentals Tot(ages 4&under) $2.00 Groups of 30 or greater will be Groups of 100 or greater will charged the following for open charged the following with or swim or open skate fees with room without room rental. rental. Youth(ages 5 to 18) $3.00 Adult(ages 19-61) $3.00 Senior(ages 62&over) $2.00 Family $9.00 Maximum of 4 family members Lock-In-11 p.m. to 5:30 a.m. Lock-in groups will be Supervision will be at the discretion charged an additional$1 per of the Community Center person for management. This will be based on groups greater than 150. the number of people to be using the Personal costs above stated center,as well as the age and type rates include one building of group. supervisor. Fitness Center $50.00 11 p.m.to 5:30 a.m. Ice Rental $60.00 Hour 2 hour minimum Individual Room Use- $15.00 Per hour Rooms A or B Individual Room Use-Room C $20.00 Per hour Lifeguards $13.00 Per hour 1 to 50 Pariticipants-2 100 plus participants-4 lifeguards lifeguards required required. Additional lifeguards 51 to 100 participants-3 determined by management lifeguards required depending on group size and ages. Pool Rental $42.00 Hour Two hour minimum plus $13.001hr per lifeguard Racquetball courts-3 per $40.00 Per hour 2 hour minimum Each court$15 hour for individual use hour Room Rental-Meeting $200.00 Maximum 11 p.m.to 5:30 a.m. Rooms A,B,C J . 2004 Fee Resokition Service Fee Description Oak Point Pool Oak Point Pool Rental-Lifeguards(Pool Rental in Addition to These Fees) Small Slide Pool rental only $39.00 Per hour for three lifeguards Requires a minimum of three Additional lifeguards will be lifeguards determined by management depending on group size and age Large Pool rental only $26.00 Per hour for two lifeguards Requires a minimum of 2 Based on non-holiday hours lifeguards Rental of entire pool facility $65.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards • fiso 2804 Fee Resolution Service Fee Description Beaches Boat&Marina Rental Canoe Rack Storage $45.00 Per Rack Per Season Y5 1 2004 Fee Resolution Service Fee Description Senior Center Building Aide Building Aide $10.00 Per hour Minimum of 2 hours A building aide is required for all non-regular scheduled building 2004 Fee Resolution Service Fee Description Special Events Use of City Sound System at Staring Lk Amphitheatre Rental Rate $50.00 Per hour Minimum of 2 hours Requires audio technician and City sound equipment,when sound equipment is needed. Audio Technician $30.00 Per hour When required to monitor sound 2004 Fee Resolution Service Fee Description Organized Athletics Adult League Play (Non youth sport teams) $22.00 per game Ballfield Tournaments Ballfield reservations are limited to Groups will be provide with EP non-profit public service hang drags,rakes and lines groups for weekend tournaments with a$100 deposit. The at no charge. fields will be dragged at the start of each day,however,if the group requests the City to provide field maintenance the cost will be: State,Regional,and $85.00 Per day,per field National Tournaments Other youth and adult $85.00 Per day,per field tournaments Additional charge when $5.00 Per day,per field lights are used Per field set-up $150.00 For new soccer field for tournament Clinics and Camps $35.00 per field,per day 514 2004 Fee Res i e Service Fee Description Pleasant Hill Cemetery Ground Thawing:November 1-April 1 Cremation Burial $25.00 Casket Burial $50.00 Internment Casket burials $200.00 Vault size 12 inches by 24 inches Casket burials $225.00 Vault size 12 inches by 36 inches Casket burials $300.00 Vault size 36 inches by 60 inches Casket burials $350.00 Vault size 48 inches by 96 inches Cremation burials $150.00 Urn size 8 inches and under Cremation burials $175.00 Urn size 8 inches to 12 inches Cremation burials $200.00 Urn size 12 inches to 16 inches Lot Resident $400.00 20%Perpetual Care&80% Maintenance Non-resident $600.00 Set Grave Markers Single $100.00 Double $150.00 2004 Fee Resolution Service Fee Description Community Garden Plots 20 foot by 30 foot plot Residents only $25.00 Senior citizen discount$10.00 20 foot by 60 foot plot Residents only $50.00 Senior citizen discount$10.00 6 2004 Fee Resolution Service Fee Description Police Bicycle License $10.00 Data Processing Duplicating,audio recording $10.00 Duplicating,documentation $0.25 Per standard page Standard reports $20.00 Non-standard report $50.00 Per hr,min 1 hr Dogs Impounding $30.00 1st Offense Year Impounding $50.00 2nd Offense Year Impounding $100.00 3rd Offense Year Boarding $10.00 Daily Euthanasia $30.00 False alarm fee 4th false alarm $100.00 Each user is allowed three false alarms per calendar year without penalty 5th false alarm $200.00 6th&up false alarm $300.00 Hunting&Trapping Landowner $0.00 free Resident $5.00 Non-resident $10.00 Other Photograph,other $10.00 Plus actual cost 2004 Fee Resolution Service Fee Description Postage $0.00 Actual cost Pawn Shops Annual fee $10,000.00 Investigation fee $1,500.00 An investigation fee not to exceed $1,500 shall be charged by the City if the investigation is conducted within the State,or the actual cost not to exceed$10,000 without prior written approval if the investigation is required outside the State Photograph,booking Standard $20.00 Digital image $10.00 Police officer supplemental employment Per hr,min 3 hr $40.00 Radio Service Radio Maintenance $6.00 Mobile Radio Monthly Radio Maintenance $78.00 Mobile Radio Annual Radio Maintenance $6.00 Portable Radio Monthly Radio Maintenance $72.00 Portable Radio Annual Radio Maintenance $5.00 Telemetry Radio Monthly Radio Maintenance $60.00 Telemetry Radio Annual Radio Maintenance $5.00 Telemetry Interface Monthly Radio Maintenance $60.00 Telemetry Interface Annual Labor Charges $50.00 Installation Regular hours Labor Charges $75.00 Installation Nights/Weekends Labor Charges $50.00 Non-included services Regular hours 2004 Fee Resolution Service Fee Description Labor Charges $75.00 Non-included services Nights/Weekends Reports Non-resident $3.00 First two pages Non-resident $0.25 Additional pages Resident $0.00 Additional pages Resident $0.00 First two pages Transcribe,Audio Tape Per hr,min 1 hr $25.00 59 2004 Fee Resolution Service Fee Description Fire Engin Company $150.00 Hour Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Ladder Company $200.00 Hour Rescue,Grass Rig,or $100.00 hour Rescue Boat Specialized Personnel Chief $50.00 Hour Officer,Investigator Tools/supplies used At cost Firefighter supplemental $35.00 Per 3 hr block 3 hr minimum employment X 2004 Fee Resolution Service Fee Description Engineering Environmental Assessment Worksheet(E.A.W.) $300.00 Plus$5.00 acre Excavation&Grading-Grading Permit Fee 101 to 1,000 cubic yards $40.00 1st 100 cubic yards plus$19.00 for each add'I 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $211.00 1st 1,000 cubic yards plus$16.00 for each add!1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $355.00 1st 10,000 cubic yards,plus$72 yards for each add!10,000 cubic yards or fraction thereof 100,001 or more $1,003.00 1st 100,000 cubic yards,plus $40.00 for each add!10,000 cubic yards or fraction thereof Inspections outside normal $55.00 Per hour* Minimum charge is two hours business hours Additional plan review fees $32.00 Per hour* Required by changes, Minimum charge is one half hour additions,or revisions to approve plans Reinspection fee assessed $55.00 Each under provisions of Section 108.8 Inspection for which no fee is $55.00 Per hour* Minimum charge is one half specifically indicated hour Additional plan review $55.00 Per hour* Minimum charge is one half required for changes, hour additions,or revisions to approved plans *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision,overhead, equipment,hourly wages and fringe benefits of the employees Excavation&Grading-Plan Checking Fee 101 to1,000 cubic yds $40.00 1,001 to 10,000 cubic yds $54.00 6l 2004 Fee Resolution Service Fee Description 10,001 to 100,000 cubic yds $54.00 1st 10,000 cubic yards,plus$27 for each add'I 10,000 cubic yards or fraction thereof • 100,001 to 200,000 cubic yds $297.00 1st 100,000 cubic yards,plus$14 for each add'I 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $437.00 1st 200,000 cubic yards,plus $8.00 for each add'I 10,000 cubic yards or fraction thereof Additional plan review fees $32.00 Per hour* Required by changes, Minimum charge is one half hour additions,or revisions to approve plans Permit for right-of-way excavations Mainline Utility and $17.50 Per/100 L.F Telecommunication Installations Repair or Service $23.50 Turf Area • Repair or Service $58.00 Pavement Area Residential Driveway $23.50 Commercial Driveway $58.00 All other Excavations $23.50 Turf Area All other Excavations $58.00 Pavement Area Public Right-Of-Way or Easement Vacation Application Fee $250.00 Per transaction For vacating the City's interest in real property,including right-of-way and easements (for consultation,review, notice mailing,publication of notice and recording) Signs Up to 30 sq ft in size $60.00 31 sq ft through 50 sq ft in size $80.00 51 sq ft through 80 sq ft in size $100.00 (A4) 20114 Foe Resolution Service Fee Description 81 sq ft or over $125.00 Charge for returning picked $10.00 up signs The surface of double or multi- faced signs shall be combined for the purpose of determining the amount of the fee • Special Assessment Searches Non-resident $16.50 Per parcel No charge for Eden Prairie residents on searches of their homesteaded property Street Signs 9 Button Delineator-Red $122.00 inci breakaway post&install Future Road Extension $236.00 inci 2 posts&install 36"x 30" Advisory Keep Right Symbol $122.00 inci 9 button delin-Yellow,no post Keep Right Symbol $146.00 inci 9 button delin-Yellow,install, post Keep Right Symbol $169.00 inc19 button delin Yellow,install& breakaway post No Outlet $112.00 Ind post&install 24"x 24" No Parking $127.00 inci post&install Used forTurn-Around 9 Button Delineator-Red $102.00 Intl post&install Stop Sign $122.00 Intl brackets,install,no post 30"x 30" Stop Sign $146.00 Inca brackets,install,with post 30"x 30" Street Name Sign $202.00 Intl install w/12'post 6"x 6" Street Name Sign $225.00 Intl install w112'post 6"x 9" Street Name Sign $243.00 Ind install w112'post 9"x 9" Temporary Street Name Sign $150.00 Plus 15%surcharge for maintenance until permanent signs in place Weight Restrictions Truck overweight permit fee $31.00 Per trip 763 2004 Fee Resolution Service Fee Description Engineering -Land Development Services • For consultants,utility and street plans and specifications,general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration,and Inspection Review 5%multiplied by the total Not applicable to projects Cost include public infrastructure construction cost built by City through special improvements(excluding grading assessment costs),subject to approval by the City Engineer Payable prior to start-up. Final Plat Residential $49.00 per unit Minimum$310 Plus cost of review by special consultants necessary as determined by the City Manager.Deposit required. Paid prior to release of Plat. Commercial,Industrial, $118.00 Per acre Minimum$310 Office and Public Administrative Land Division $63.00 LGU Review Min.payment is$250. Plus $75.00 An hour cost of review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities,plan review and/or prior to release of plat. LGU Deposit-Plan Review An LGU deposit agreement $3,000.00 is required for wetland alteration,wetland replacement,wetland restoration and/or wetland • bank plan reviews. LGU Deposit-Site Review An LGU deposit agreement $1,000.00 is required for site review and/or wetland delineation review Street Lighting Fee For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat 2DM Fee Resolution Service Fee Description Utilities Fire Hydrant Use/Meter for Construction and Irrigation Permit $30.00 Fire Hydrant damage $200.00 Applied to the final bill 3"meter deposit $400.00 Refundable All other meter deposits $100.00 Refundable Lawn Irrigation Restrictions First occurrence $25.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Second occurrence $50.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Third occurrence $100.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Fourth occurrence $200.00 Surcharges for non-compliance with lawn irrigation restrictions and prohibitions Fifth&subsequent $300.00 Surcharges for non-compliance occurrences within a two with lawn irrigation restrictions year period and prohibitions New Construction Coliform Bacteria Resampling T&M-Based on actual laboratory costs,employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures New Construction Mechanical Reinspections T&M-Directed at projects that require multiple visits to complete initial inspection.Same criteria as coliform resampling Storm Drainage Land Use Quarterly Fee Single-Family Homes $3.00 Each 2d04 Fee Resolution Service Fee Description Multi-family/Apartments $29.70 Acre Industrial $29.70 Acre Commercial/Office $38.07 Acre Institutions $33.66 Acre Airport/Landfill $7.38 Acre Undeveloped Land $10.00 Each User Charges Sanitary Sewer $1.95 Per 1,000 gallons subject to Penalty for billed charges:1%per minimum of 4,000 gallons per month on account not paid within 30 quarter per R.E.C. days of billing Water $1.25 Per 1,000 gallons subject to minimum of 4,000 gallons per quarter per R.E.C. A residential equivalent The min.monthly use charge for uses connection(R.E.C.)is one other than residential shall be the dwelling unit same as 1 R.E.0 Each R.E.C.will be billed: $12.50 Per quarter Fixed charges are billed on the $6.25 fixed charge for water greater of the number of R.E.C.'s on and$6.25 fixed charge for connections sewer Unmetered residential sewer $26.00 only use charges$26 per quarter per R.E.C.plus a $6.25 fixed charge Administrative Fee $40.00 Flat charge is added to the current balance due to obtain the total certified amount Water Conservation Surcharge Residential customers are subject to water conservation surcharge of$1.00 per 1,000 gallons for usage exceeding 150%of winter quarter use or 36,000 gallons per quarter,whichever is greater,not to exceed$100.00. 2004 Fee Resolution Service Fee Description Water Flow Test for 5/8"Meters $25.00 When consumption is challenged by a customer&the meter is accurate Water Service Turn On/Off $25.00 After initial turn on,any non- emergency onloff request by a commercial lending institution, government agency(HUD),or private property management service Water Softening&Filtering $0.00 No fee-State license required Fee Resolution Facility Priority Rental Classifications: A. City Government - Any activity related to the operations of Eden Prairie's City Government including, but not limited to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be included as the City's non-profit social services/food shelf agency. This group will not be charged. B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its membership roster residing in the City. C. Community Group Il - Eden Prairie based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use, such as family gatherings, parties, etc. D. Non-Community Group Ill - Non-resident individuals and groups. • Eden Prairie residents and businesses may not, make reservations for non-Eden Prairie residents and businesses. City Rental Facilities: Amphitheatre - located at Staring Lake Park City Center- meeting rooms, conference rooms, a:traditional training room, and the Council Chambers Community Center - ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/Wally ball courts, and swimming pool . 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E (q 0 ..- 0 N 't -' N +-' e- 7 C7 •O MEM .0.`c '0 7 0' 0 ' o N 2 2 0 2 0 2 r..1 a)O .Z! 0 •5 1.m-c a.c• Q. CL�O CL—O CL I = () 2 1.12 E 0 0 E W.:: = _ w _w w Co CC W O i. o o (o (moo o' (o• .� m ca c c c c c c c c c c a) a) E o a) a) a) a) a) a) a) /�� a moo/ Ce CC W re Ct W CL CC W ;15 a)LL a) L. L a) L L L a)— a) a) a) � a) CO a) a)aa)) Z. aa)) CD a') 0 aa)) ac) a) a)aa)) aa)) a)a) Id= C U 03 U0 U` U` 0c 0o 0 0 U d 0 0 o v o a) o Q o o o_ 0) oo_ Lo_ O_ O = •_ c c E c 3 c na)Co c a c cM crn N co CO cAU Cnm •CA -I •U= CAY CAJ CnN co CAN �V Attachment A Permits from the Minnesota State Fire Code(MSFC)covered under the"miscellaneous"fee category on the fee resolution. Operational Permits Aerosol products.An operational permit is required to manufacture,store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds(227 kg)net weight. Amusement buildings.An operational permit is required to operate a special amusement building. Aviation facilities.An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles.Additional permits required by other sections of this code include,but are not limited to,hot work, hazardous materials and flammable or combustible finishes. Battery systems.A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L). Carnivals and fairs.An operational permit is required to conduct a carnival or fair. Cellulose nitrate film.An operational permit is required to store,handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations.An operational permit is required to operate a grain elevator,flour starch mill,feed mill,or a plant pulverizing aluminum,coal,cocoa,magnesium,spices or sugar,or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers.An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet(2.8 m3). Exception:A permit is not required for agricultural storage. Compressed gases.An operational permit is required for the storage,use or handling at normal temperature and pressure(NTP)of compressed gases in excess of the amounts listed in Table 105.6.9. Exception:Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings.An operational permit is required for: 1.The placement of retail fixtures and displays,concession equipment,displays of highly combustible goods and similar items in the mall. 2.The display of liquid-or gas-fired equipment in the mall. 3.The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids.An operational permit is required to produce,store,transport on site,use,handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11. Exception:Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants.An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows.An operational permit is required to operate exhibits and trade shows. Explosives.An operational permit is required for the manufacture,storage,handling,sale or use of any quantity of explosive, explosive material,fireworks,or pyrotechnic special effects within the scope of Chapter 33. Floor finishing.An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet(33 m2)using Class I or Class II liquids. Fruit and crop ripening.An operational permit is required to operate a fruit,or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. Fumigation and thermal insecticidal fogging.An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room,vault or chamber in which a toxic or flammable fumigant is used. HPM facilities.An operational permit is required to store,handle or use hazardous production materials. High-piled storage.An operational permit is required to use a building or portion thereof as a high-piled storage area,,xceeding 500 square feet(46 mz). Hotwork operations.An operational permit is required for hot work including,but not limited to: 1.Public exhibitions and demonstrations where hotwork is conducted. 2.Use of portable hotwork equipment inside a structure. Exception:Work that is conducted under a construction permit. 3.Fixed-site hotwork equipment such as welding booths. 4.Hotwork conducted within a Hazardous fire area. 5.Application of roof coverings with the use of an open flame device. Industrial ovens.An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants.An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet(8,333 fb)(236 nu). Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is required to display,operate or demonstrate liquid-or gas-fueled vehicles or equipment in assembly buildings. Magnesium.An operational permit is required to melt,cast,heat treat or grind more than 10 pounds(4.54 kg)of magnesium. Miscellaneous combustible storage.An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet(71m3)gross volume of combustible empty packing cases,boxes,barrels or similar containers,rubber tires,rubber, cork or similar combustible material. Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street,alley, road,or other public or private ground.Instructions and stipulations of the permit shall be adhered to. Exception:Recreational fires. Open flames and candles.An operational permit is required to remove paint with a torch;use a torch or open flame device in a hazardous fire area;or to use open flames or candles in connection with assembly areas,dining areas of restaurants or drinking establishments. Organic coatings.An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon(4 L)of an organic coating in one day. Places of assembly.An operational permit is required to operate a place of assembly. Pyrotechnic special effects material.An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics.An operational permit is required for storage or handling of more than 25 pounds(11 kg)of cellulose nitrate(pyroxylin)plastics and for the assembly or,manufacture of articles involving pyroxylin plastics. Refrigeration equipment.An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. . Repair garages and service stations.An operational permit is required for operation of repair garages and automotive,marine and fleet service stations. Rooftop heliports.An operational permit is required for the operation of a rooftop heliport. 'it Spraying or dipping.An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. Storage of scrap tires and tire byproducts.An operational permit is required,to establish,conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet(71m3).of total volume of scrap tires and for indoor storage of tires and tire byproducts. • Temporary membrane structures,tents and canopies.An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet(19 m2),or a canopy in excess of 400 square feet(37 m2). Exceptions: 1.Tents used exclusively for recreational camping purposes. 2.Fabric canopies and awnings open on all sides which comply with all of the following: 2.1.Individual canopies shall have a maximum size of 700 square feet(65 nu). 2.2.The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet(3658 mm)shall not exceed 700 square feet(65 ma)total. 2.3.A minimum clearance of 12 feet(3658 mm)to structures and other tents shall be provided. Tire-rebuilding plants.An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling.An operational permit is required for the operation of wrecking yards,junk yards and waste material-handling facilities. Wood products.An operational permit is required to store chips,hogged material,lumber or plywood in excess of 200 cubic feet(6 m3). . Construction Permits Compressed gases.When the compressed gases in use or storage exceed the amounts listed in Table 105.6.9,a construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a compressed gas system. Exceptions: • • . 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. • The permit applicant shall apply for approval to close storage,use or hanndling facilities at least 30 days prior to the termination of the storage,use or handling of compressed or liquefied gases.Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3.The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids.A construction permit is required: 1.To repair or modify a pipeline for the transportation of flammable or combustible liquids. • _:t 2.To install,construct or alter tank vehicles,equipment,tanks,plants,terminals,wells,fuel-dispensing stations,refineries,distilleries and similar facilities where flammable and combustible liquids are produced,processed,transported,stored,dispensed or used. 3.To alter,abandon,place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank Hazardous materials.A construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency'basis,application for permit shall be made within two working days of commencement of work. Industrial ovens.A construction permit is required for installation of industrial ovens covered by Chapter 21. Exceptions: 1.Routine maintenance. 2.For repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. LP-gas.A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping.A construction permit is required to install or modify a spray room,dip tank or booth. Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie,Minnesota,relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 16th day of December,2003,to be effective the 1st day of January,2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk U CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 16,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance Resolution Relating To $745,000 General Sue Kotchevar Obligation Refunding Bonds(Refunding of It. C. 1995A), Series 2004A Requested Action: Move to: • Adopt Resolution Relating To $745,000 General Obligation Refunding Bonds (Refunding of 1995A,) Series 2004A. Synopsis: The purpose of this refunding bond issue is to refund the 1995A Building Refund Bonds for interest cost savings. Proceeds of this bond issue will be used to pay off the principal balance of the 2005 -2008 maturities totaling$745,000. The average outstanding coupon rate for the bonds to be refunded is 4.9543%. The average coupon on the new bonds is estimated to be 2.0332% with a total projected savings of$45,977. Attachments: Resolution U � CITY OF EDEN PRAIRIE. HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE,PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$745,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 2004A BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interests of the Issuer to issue its General Obligation Building Refunding Bonds, Series 2004A (the Bonds) in the approximate principal amount of$745,000, subject to adjustment in accordance with the Terms of Proposal. The Issuer believes that a substantial debt service savings can be achieved by the issuance and sale of the Bonds. The proceeds of the Bonds will be used,together with funds on hand as may be required,to refund on March 1, 2004(the Redemption Date), the 2005 through 2008 maturities, aggregating$735,000 in principal amount outstanding, of the$1,680,000 General Obligation Building Refunding Bonds, Series 1995A, dated June 1, 1995 (the Refunded Bonds). 1.02. Sale. The Issuer has retained Northland Securities, Inc., as independent financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2,paragraph(9),the requirements as to public sale do not apply to the issuance of the Bonds. A proposal has been received from of , and associates (the Purchaser). In accordance with the Terms of Proposal, it is hereby determined to issue the Bonds in the principal amount of$745,000 at a price of$ plus accrued interest, and upon the further terms and conditions set forth herein. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the proposal. Section 2. Bond Terms; Registration; Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done,now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates;Denominations and Payment. The Bonds shall be originally dated as of January 15, 2004, shall be in denominations of$100,000 or integral multiples of$5,000 in excess thereof, of single maturities, shall mature on March 1 in the years and amounts stated below,and shall bear interest from the date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2005 $185,000 2006 180,000 2007 195,000 2008 185,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Bond,the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing September 1,2004,to the owner of record thereof as of the close of business on the fifteenth day of the preceding month,whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. The Bonds shall not be subject to redemption prior to their stated maturity dates. 2.05. Appointment of Initial Registrar. The Issuer hereby appoints the City Finance Director as the initial bond registrar,transfer agent and paying agent(the Registrar). The Issuer reserves the right to remove the Registrar upon thirty(30)days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver,in the name of the designated transferee or transferees,one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however,close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal,in good faith,to make transfers which it,in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of,the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. • (g) Taxes,Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith;and,in the case of a Bond destroyed,stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated,destroyed, stolen or lost Bond has already matured or been t�� called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the Manager and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution,no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated,the Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF EDEN PRAIRIE GENERAL OBLIGATION BUILDING REFUNDING BOND, SERIES 2004A Interest Rate Maturity Date Date of Original Issue CUSIP No. March 1,20 January 15, 2004 REGISTERED OWNER: PRINCIPAL AMOUNT: THOUSAND DOLLARS The City of Eden Prairie, State of Minnesota(the Issuer) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns,the principal amount specified above on the maturity date specified above, without option of prior payment,with interest thereon from the date hereof at the annual rate specified above,payable on March. 1 and September.1 in each year, commencing September 1, 2004,to the person in whose name this Bond is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by the Finance Director of the Issuer, as Bond Registrar and Paying Agent, or by other means of payment if its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of$745,000 (the Bonds) issued pursuant to a resolution adopted by the City Council on December 16, 2003 (the Resolution), to provide funds to refund certain outstanding general obligation bonds of the Issuer and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of$100,000 or any integral multiple of $5,000 in excess thereof, of single maturities. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20 and 20 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date,without premium, on March 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount $ $ The Issuer shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail,to the registered holders of any Bonds to be redeemed, at the holders' addresses as they appear on the bond register maintained by the Bond Registrar,but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure.] Bonds in the principal amount of$735,000 have been deemed designated as "qualified tax-exempt obligations"pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. The remaining$10,000 in principal amount of bonds have been designated by the Issuer as "qualified tax-exempt obligations." As provided in the Resolution and subject to certain limitations set forth therein,this Bond is transferable upon the books of the Issuer at the office of the Bond Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney;and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner,of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Issuer and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes,and neither the Issuer nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms,have been done, do exist,have happened and have been performed as so required;that the Issuer has established its General Obligation Building Refunding Bonds,Series 2004A Bond Fund and has appropriated thereto ad valorem taxes on all taxable property in the Issuer,which are estimated to be receivable in years and amounts not less than five percent in excess of the principal of and interest on the Bonds when due;that if necessary for the payment of such principal and interest when due, additional ad valorem taxes are required to be levied upon all such property,without limitation as to rate or amount;that the issuance of this Bond does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds, dated as of the date,of original delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF,the Issuer,by its City Council,has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. • CITY OF EDEN PRAIRIE,MINNESOTA (facsimile signature City Manager) (facsimile signature Mayor) CERTIFICATE OF AUTHENTICATION Dated This is one of the Bonds delivered pursuant to the Resolution mentioned within. CITY FINANCE DIRECTOR, as Bond Registrar • By Authorized Representative [Insert Legal Opinion] The following abbreviations,when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM- as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT-as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN--as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received,the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program"as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. • PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [End of the Bond form] Section 3. Use of Proceeds. Upon payment for the Bonds by the Purchaser,the Finance Director shall deposit and apply the proceeds of the Bonds as follows: (a) $ shall be deposited in the sinking funds established for the Refunded Bonds to be applied to their redemption and prepayment on their date of redemption(March 1,2004),in accordance with the provisions of the resolutions authorizing their issuance; (b) $ shall be used to pay issuance expenses of the Bonds; and(c) $ shall be deposited in the Bond Fund created pursuant to Section 4.01 hereof. Section 4. General Obligation Building Refunding Bonds, Series 2004A Bond Fund and Pledge of Taxing Powers. 4.01. General Obligation Building Refunding Bonds, Series 2004A Bond Fund. • The Bonds shall be payable from a separate and special General Obligation Building Refunding Bonds, Series 2004A Bond Fund(the Bond Fund)of the Issuer,which the Issuer agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds,such amounts shall be paid from other moneys on hand in other funds of the Issuer,which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund shall be paid: (a) any accrued interest and unused discount received from the Purchaser upon delivery of the Bonds; (b)subsequent to the Redemption Date, all ad valorem taxes collected as specified in Section 4.02; and(c) any other funds appropriated by the Council for the payment of the Bonds. 4.02. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due,the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which,together with the collections of other amounts as set forth in Section 4.01,will produce amounts not less than 5%in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes will be levied and collected in years and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,provided that the Issuer reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges,covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or,if any Bond should not be paid when due,it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Bonds,subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are l authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity. Section 6. Tax Covenants;Arbitrage Matters and Continuing Disclosure. 6.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Bonds that it will not take,or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. 6.02. Certification. The Mayor and City Manager being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized • and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be"arbitrage bonds"within the meaning of the Code and Regulations. 6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records,make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds"of the Bonds (other than amounts constituting a"bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 6.04. Qualified Tax-Exempt Obligations. It is hereby determined that the portion of the Bonds which is equal to the outstanding principal amount of the Refunded Bonds, $735,000, is deemed designated as"qualified tax-exempt obligations"as provided in Section 265(b)(3)(D) of the Code, since: (a) the Refunded Bonds, when issued, were designated by the City as qualified tax-exempt obligations under Section 265(b) of the Code; (b) the aggregate face amount of the issue of which the Bonds are a part does not exceed$10,000,000; • (c) the weighted average maturity of the Bonds does not exceed the remaining weighted average maturity of the Refunded Bonds; and (d) no Bond has a maturity date which is later than thirty(30)years after the date of issuance of any bonds refunded by the Refunded Bonds which were designated as qualified tax-exempt obligations. The City Council hereby designates the remaining$10,000 in principal amount of Bonds as "qualified tax-exempt obligations"for purposes of Section 265(b)(3)of the Code,and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which will be issued by the Issuer and all subordinate entities during calendar year 2004 does not exceed$10,000,000. Section 7. Certification of Proceedings and Redemption of Refunded Bonds. 7.01. Registration of Bonds. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds have been duly entered upon the County Auditor's bond register and the tax required by law has been levied. 7.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates,including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. 7.03. Redemption of Refunded Bonds. The Finance Director is hereby directed to advise U.S.Bank National Association,in St. Paul,Minnesota, as successor to First Trust National Association, St.Paul,Minnesota, as paying agent for the Refunded Bonds,to call the Refunded Bonds for redemption and prepayment on the Redemption Date in the form attached hereto, all in accordance with the provisions of the resolutions authorizing the issuance of the Refunded Bonds. ADOPTED by the City Council of the City of Eden Prairie this 16th day of December 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk NOTICE OF REDEMPTION $1,680,000 General Obligation Building Bonds, Series 1995A Dated June 1, 1995 City of Eden Prairie,Hennepin County,Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on March 1,2004,all outstanding Bonds of the above referenced issue,dated June 1, 1995,maturing March 1 in the following years and having the interest rates listed below: Maturity Amount CUSIP# Rate 2005 $175,000* * 5.00% 2006 175,000* * 5.10 2007 195,000* * 5.20 2008 190,000* * 5.30 *Indicates full call. The Bonds will be redeemed at a price of 100%of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to U.S.Bank National Association, St.Paul,Minnesota,successor to First Trust National Association,on or before said date, when they will cease to bear interest,in the following manner: If by Mail: If by Hand or Overnight Mail: U.S.Bank National Association U.S.Bank National Association Corporate Trust Operations,3`'Floor 60 Livingston Avenue P. O.Box 64111 EP-MN-WS3C St. Paul,MN 55164-0111 Bond Drop Window, 1st Floor St.Paul,MN 55107 In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements,the redeeming institutions are required to withhold 31%of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number,properly certified. This requirement is fulfilled through the submitting of a W-9 Form,which may be obtained at a bank or other financial institution. Additional information may be obtained from the undersigned or from Northland Securities,Inc.,45 S. 7th St., Ste.2500,Minneapolis,Minnesota 55402(612-851-5900), fmancial consultants to the City of Eden Prairie,Minnesota. Dated: December 16,2003. q CITY COUNCIL AGENDA DATE: December 16,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Servic Resolution Requesting Conveyance of Tax Eugene A. Dietz Forfeited Land TO, Requested Action Move to: Adopt resolution requesting that Hennepin County convey ownership of tax forfeited land(Outlot B,Raven Ridge)to the City of Eden Prairie. Synopsis On March 4, 2003, City Council adopted resolution 2003-41 that contained the basic substance of this resolution. The previous resolution made reference to the property being utilized as "open space". Staff has learned that the State Deeds Clerk rejected the application for the transfer of ownership due to their policy of rejecting transfers for "open space". This resolution requests the property for park and recreation uses,which is a permitted use. With this new resolution, staff will resubmit the application. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION REQUESTING CONVEYANCE OF TAX FORFIETED LAND WHEREAS, Outlot B, Raven Ridge, Hennepin County, Minnesota (PID #04-116-22-34-0069) is non- ' conservation land that has been sold to the State of Minnesota for nonpayment of taxes pursuant to Minnesota Statutes Chapter 279; WHEREAS,said property was scheduled to be sold at public auction in April,2002; WHEREAS, at the request of the City of Eden Prairie, the property was removed from said auction in order that unresolved issues could be examined; WHEREAS,the City of Eden Prairie has made the following findings: • • Outlot B is part of a planned open space and.greenway system that was approved in 1970 as part of the Edenvale Planned Unit Development. • Articles of Incorporation for an association to manage the open space system were filed with the Secretary of State in 1973. • The association was involuntarily dissolved by the Secretary of State pursuant to a Certificate of Involuntary Dissolution dated December 31, 1997. • Outlot B went tax forfeit for failure to pay delinquent City billings in the amount of$58.21. • Outlot B is bisected and encumbered with a 10-inch watermain, a 6-inch watermain, a 10-inch sanitary sewer, and an 8-inch sanitary sewer, the most recent of which was constructed in 1978 and is part of the city municipal sewer and water system. • That overlaying the parcel with extensive easements necessary to maintain critical utility infrastructure will substantially negate private development of the Outlot. WHEREAS,the City of Eden Prairie finds that it is in the best interest of the City and the public that the property be utilized for park and recreation uses; and WHEREAS,maintenance of the existing utilities is compatible with a parks and recreation use of the property. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie requests the Board of Commissioners • of Hennepin County approve the transfer and conveyance of Outlot B as follows: • The property be classified as non-conservation land under Minnesota Statutes Chapter 282. • Outlot B, Raven Ridge, Hennepin County, Minnesota(PID 04-116-22-34-0069)be conveyed to the City of Eden Prairie for park and recreation use. FURTHER,the Mayor and City Manager are authorized to execute the forms necessary for this conveyance. ADOPTED by the City Council of the City of Eden Prairie this 16th day of December,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: December 16,2003 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 04-5607 ITEM NO.: Engineering Services Summary of Bids 2004 Maintenance Materials Mary Krause and Water Treatment Chemicals Eugene A.Dietz Requested Action Move to: Award contracts for maintenance and water treatment chemicals for 2004. Synopsis Bids were received on December 4,2003 for the 2004 supply of Street Maintenance and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the material or chemical,the recommended suppliers and the unit prices of the material to be purchased. Background Information MnDOT 2331 and Class 5 Aggregate: Four bids were received for MnDOT Bituminous Mixes. A cost analysis of time,equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a savings to use asphalt supplied from Midwest Asphalt to supply the bituminous material, with Mueller& Sons having the second lowest cost based on the analysis. Due to production capabilities, demand and availability at the plants, the award of the bituminous mix is to Midwest Asphalt and Mueller& Sons. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration time, equipment and labor to haul the material was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate show a savings by utilizing Midwest Asphalt and Class 5 Virgin(100%crushed)aggregate utilizing Edward Kraemer& Sons. Water Treatment Chemicals: The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary depending upon the 2004 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. Quicklime: Two bids were received for quickline with the low bidder being Cutler Magner at a bid price of$73/ton. This low bidder also submitted alternative bid prices supplying the same quicklime material meeting the specifications but varying the testing frequency. Based on the facts that this same supplier has been the successful low bidder for quicklime the previous several years and the product supplied has been acceptable; in the best interest of the City, staff recommends award of the alternate bid of$68 per ton to Cutler Magner. 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CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 12/16/03 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Police Department Approval of Law Enforcement Mutual Aid Pact --��^^�� Lieutenant Michael Bosacker y-I-- Requested Action Move to: Approve the Law Enforcement Mutual Aid Pact between the City of Eden Prairie and the City of Shakopee. Synopsis Mutual aid requests between law enforcement entities is a common practice in order to provide prompt,efficient, and effective service to citizens. This pact formally clarifies and identifies responsibilities and liabilities for both the requesting and responding agency. Background Information The Shakopee Police Department requested that we enter into a law enforcement mutual aid pact with them based on the model agreement suggested by the League of Minnesota Cities. The League of Minnesota Cities Insurance Trust developed the model agreement to provide a system to address liability,worker's compensation and equipment damage in mutual aid incidents. By spelling these responsibilities out in advance instead of relying solely on the state law which authorizes inter-local disaster assistance,it eliminates the potential for spending taxpayer's money on law suits between cities. The model agreement also makes provision for charges after 48 hours in order to comply with a Federal Emergency Management Association's(FEMA)rule which requires a written agreement between local governments or FEMA will not reimburse the responding party. This mutual aid pact has been reviewed and approved by both the City Attorney and the City of Shakopee. City of Shakopee officials formally approved and signed the agreement on 11/18/03. Attachments Law Enforcement Mutual Aid Pact League of Minnesota Cities risk management information LAW ENFORCEMENT MUTUAL AID PACT This Law Enforcement Mutual Aid Pact Agreement("Agreement") is made and entered into this /g day of jki(n.).&,,,40, 2003,by and between the City of Eden Prairie,Minnesota and the City of Shakopee, Minnesota. I. General Purpose This Agreement is made pursuant to Minn. Stat. § 471.59,which authorizes the joint and cooperative exercise of powers, common to contracting parties. The intent of this Agreement is to make equipment,personnel, and other resources available to neighboring law enforcement agencies. II. Definitions For purposes of this Agreement,the terms defined in this section shall have the following meanings: 1. "Assistance" includes both law enforcement personnel and equipment. 2. "Party"means a municipality that is a party to this Agreement. 3. "Requesting Party"means a party that requests assistance from the other party. 4. "Responding Party"means a party that provides assistance to a Requesting Party. 5. "Requesting Official" means the person designated by a party who is responsible for requesting assistance from other party. 6. "Responding Official"means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 9c TEL General Provisions and Procedure 1. Procedure a. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from the other party, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. b. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his or her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. • c. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment, or by order of the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. d. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 2. General Provisions. a. The decision to request assistance, along with the procedure for making such requests, and the decision to respond or not to respond, shall be made in accordance with the internal rules and procedures of the individual parties. Failure to provide assistance shall not result in liability to any party. b. Notwithstanding the above,the parties agree the following statement of procedure represents an appropriate request circumstance and will be included in the various parties' internal rules and procedures: When there is a request for assistance from a Requesting Party in an emergency situation and an individual officer of a party is the closest available unit, it will be up to the discretion of the individual officer to decide whether or not to leave the party's jurisdictional boundaries and respond. c. No charges will be levied by a Responding Party to this Agreement for assistance rendered to the Requesting Party under the terms of this Agreement unless that instance continues for a period of more than 48 hours. If assistance provided under this Agreement continues for more than 48 hours,the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 48 hour period, including salaries, overtime, materials and supplies, equipment and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Such charges are not contingent upon the availability of federal or state government funds. d. The Requesting Party may, at any time, terminate the request for assistance by orally indicating such to the Responding Party and the rights and responsibilities of the Responding Party shall immediately cease. e. It shall be the responsibility of the law enforcement administrator of each of the parties to fully apprise the participating personnel of the procedures, conditions, and limitations under this Agreement, as well as any amendments hereto. IV. Insurance Each party shall maintain public liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. § 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. V. Indemnification 1. All parties to this Agreement recognize each other as a political subdivision of the State of Minnesota. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the requesting party pursuant to this Agreement. Under no circumstances,however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Municipal Tort Liability Act,Minnesota Statutes Chapter 466, applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 2. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction, subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No party to this Agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this Agreement. 4. For the purposes of the Minnesota Municipal Tort Liability Act, the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subd. 6) of the Requesting Party. VI. Workers' Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while providing assistance pursuant to this Agreement. Each party waives the right to bring claims against the parties to recover workers' compensation benefits paid to its own officers, employees,volunteers or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VII. Damage to Equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VIII. Withdraw and Termination A party may withdraw from this Agreement at any time upon thirty (30) calendar days written notice to the other party. Notice shall be given as described in Paragraph XI of this Agreement. Parties that have withdrawn may rejoin after executing the appropriate resolution and documents. IX. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Each party agrees to hold the other parties harmless from any claims resulting from an unlawful disclosure or use of data, by its respective personnel,protected under state and federal laws. • /6), X. Audits The parties agree to comply with Minnesota Statutes Section 16C.05,subdivision 5 regarding audits. XI. Notice Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the U. S. Postal Service, addressed to the attention of police chief or sheriff at the address of the record. XII. Amendment or Changes The parties agree that no change, amendment, or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. XIII. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained in this Agreement and it supersedes all oral agreements and negotiations between the parties relating to mutual aid, as well as any previous agreements presently in effect between the parties relating to mutual aid. XIV. Counterparts This Agreement may be executed in multiple counterparts each of which shall be considered an original. XV. Governing Law This Agreement shall be governed and construed under the laws of the State of Minnesota. /03 IN TESTIMONY WHEREOF,the parties have executed this Law Enforcement Mutual Aid Pact as of the date and year last signed below. CITY OF SHAKOPEE CITY OF EDEN PRAIRIE By Vim:'{'\' By. Mayor Mayor By: • !mak d By: ty Clerk City Clerk By: By: City Administrator Chief of Police Dated: /V(/ut,),S / ,2003 Dated: , 2003 ep\police\law enforcement mutual aid pact-shakopee.alc.110403 MI/ LMCIT LMCRisk Management Information League of Minnesota Cities 145 University Avenue West, St. Paul, MN 55103-2044 Cites promoting excellence Phone: (651)281-1200 • (800) 925-1122 Fax: (651) 281-1298 •TDD (651)281-1290 www.lrncit.imnc.org LMCIT MODEL MUTUAL Al]) AGREEMENT The League of Minnesota Cities Insurance Trust has developed a Model Mutual Aid Agreement for cities to consider when they are working with other local governments.It provides a system to address liability,worker's compensation and equipment damage in mutual aid incidents. Generally,the basic elements of the model agreement are: • Worker's Compensation—Each city retains the financial responsibility for workers' compensation benefits for its own employees,for any injuries that occur in mutual aid situations.Further,each city agrees not to bring claims against the other cities to recover the cost of workers' compensation benefits to its employees. • Equipment—Each city retains the financial responsibility for damage to or loss of its own equipment that may occur in a mutual aid situation. • Responding Party as Employees of Requesting Party—The Responding Party's employees will be considered to be employees of the Requesting Party for the purposes of the Minnesota Municipal Tort Liability Act. • Indemnification—The city receiving the assistance agrees to defend and indemnify the city(s)providing the assistance,for any liability claims by third parties that may arise from the mutual aid situation,to the extent of the city's statutory liability limits. • Command—The personnel providing assistance act under the command of the requesting city's officer in charge at the scene. Thus the receiving city,which bears the liability risk,is also in a position to control that risk. Why does LMCIT suggest handling liability this way? These provisions eliminate the potential for conflicts and litigation between the cities about who is liable for what.The basic idea is that there are better ways for the cities and LMCIT to use the taxpayers'money than to spend it suing each other.Incidentally,the 1998 law authorizing inter- local disaster assistance,Minnesota Statute 12.331, sets out a very similar scheme for handling liability,workers compensation, and equipment damage. /05 Worker's Compensation This provision helps to eliminate conflicts between the local governments for injuries to each other's employees.Each government pays the worker's compensation coverage on its own employees so it makes sense that that government would be responsible for injuries to its own employees. By waiving the right to recover any damages from the other parties to the mutual aid agreement,you avoid having the parties suing each other. Equipment Similarly, each party pays for property coverage for its own equipment so it would make it simpler for each party to be responsible for any damages or loss of its own equipment. So even if another party causes damage to another party's equipment,with this waiver of subrogation,the parties agree that they will not sue for that loss. Again,it eliminates conflicts between the local governments. Responding Party as Employees of Requesting Party The provision that states that an employee of the Responding Party will be considered to be an employee of the Requesting Party for liability purposes will help to reduce the costs for defending the actions by allowing one attorney to defend the action. This method would also ensure that there would be only one liability limit at stake.Minnesota Statutes 12.331 and 626.77 both use this method so it is clear that the legislature can do this through legislation. It is not clear if local governments can also establish this type of system through an agreement. Indemnification The defense and indemnification provisions for liability claims are intended to make it possible to appoint a single defense attorney to defend all of the parties that might be the target of tort liability claims arising from a mutual aid situation.That attorney can then provide a unified defense of all of the parties,since the liability is covered under the receiving city's coverage. It doesn't matter which city or individual employee is ultimately determined to have been negligent. If the agreement instead made each city responsible for its own employees' negligence, defending potential liability claims is more complicated and expensive. If several cities were all sued for something that occurred in a mutual aid situation, each of those cities would need to have its own defense attorney.And because "who pays"depends on"whose fault was it", all those multiple defense attorneys are automatically in conflict with each other, each trying to make sure that if anyone is held liable,it's one of the other defendants. In short,with the defense and indemnification provisions that the model agreement incorporates, defending liability claims is simpler and less expensive. We are only paying one attorney to defend the claim,rather than paying several attorneys to both defend the claim and fight with each other. /o6j Though taking on the liability damages of other cities,LMCIT members would all benefit from the reduced amount for attorneys' fees.For example,in five of the last seven years,LMCIT's expenses for attorney's fees in police liability claims were significantly more than the liability damages.LMCIT member cities are assessed both the damages and the attorneys' fees in determining their liability claims experience. Some cities do not like the idea of taking on another city's negligence. They are uncomfortable with how some employees from other cities may act or whether the employees have had adequate training. Therefore, it is important for cities to discuss these concerns. In order for Mutual Aid to be beneficial, cities shouldn't have to worry if the response from the other city is going to be appropriate. Command The model agreement addresses these concerns by making it clear that the Requesting Party that is taking on the liability for the Responding Party is in command of the mutual aid scene.It places the Requesting Party in a position to help control the potential risks by being the party that decides how to handle the emergency site and what equipment to use. • Coverage issues Each city's LMCIT liability coverage covers liability that the city assumes by contract.Therefor, the city's LMCIT liability coverage picks up the duty to defend and indemnify which the city would assume under the mutual aid agreement.Note also that the city's duty to defend and indemnify the other parties is limited to the amount of the statutory liability limits for one city. • Charges Traditionally,local governments do not charge for services to each other in a mutual aid situation.However,the provision in the Model Agreement for charges after 48 hours is established to comply with a Federal Emergency Management Association's (FEMA)rule. The rule states that if local governments do not have a written agreement that provides for charges to be paid to the Responding Party,FEMA will not reimburse the Responding Party for those costs. The rule allows short-term assistance to be given for no charge.The 48-hour figure is suggested as an example but it is something that can be negotiated on by the parties. Other questions Before adopting the language from the Model Mutual Aid Agreement,it is important that city officials understand the effect of these provisions,the reasons for them, and how their LMCIT coverage would apply.If anyone has further questions,please call Ellen Longfellow LMCIT Loss Control Attorney,Peter Tritz LMCIT Administrator, or Tom Grundhoefer LMCIT General Counsel at the League offices. Ellen Longfellow 3/01 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 12/16/03 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Police Department Approval of Law Enforcement Mutual Aid Pact Lieutenant Michael Bosacker y4- ' Requested Action Move to: Approve the Law Enforcement Mutual Aid Pact between the City of Eden Prairie and the Carver County Sheriff's Office. Synopsis Mutual aid requests between law enforcement entities is a common practice in order to provide prompt, efficient, and effective service to citizens. This pact formally clarifies and identifies responsibilities and liabilities for both the requesting and responding agency. Background Information The Eden Prairie Police Department requested that the Carver County Sheriff's Office enter into a law enforcement mutual aid pact based on the model agreement suggested by the League of Minnesota Cities. The League of Minnesota Cities Insurance Trust developed the model agreement to provide a system to address liability,worker's compensation and equipment damage in mutual aid incidents. By spelling these responsibilities out in advance instead of relying solely on the state law which authorizes inter-local disaster assistance,it eliminates the potential for spending taxpayer's money on law suits between government entities. The model agreement also makes provision for charges after 48 hours in order to comply with a Federal Emergency Management Association's(FEMA)rule which requires a written agreement between local governments or FEMA will not reimburse the responding party. This mutual aid pact has been reviewed and approved by both the City Attorney and the Carver County Attorney. Carver County officials formally approved and signed the agreement on 12/4/03. Attachments Law Enforcement Mutual Aid Pact League of Minnesota Cities risk management information is • LAW ENFORCEMENT MUTUAL AID PACT This Law Enforcement Mutual Aid Pact Agreement("Agreement") is made and entered into this lst day of January 1,2004,by and between the City of Eden Prairie,Minnesota and Carver County,Minnesota. I. General Purpose This Agreement is made pursuant to Minn. Stat. § 471.59, which authorizes the joint and cooperative exercise of powers, common to contracting parties. The intent of this Agreement is to make equipment,personnel, and other resources available to neighboring law enforcement agencies. II. Definitions For purposes of this Agreement,the terms defined in this section shall have the following meanings: 1. "Assistance"includes both law enforcement personnel and equipment. 2. "Party"means a municipality that is a party to this Agreement. 3. "Requesting Party"means a party that requests assistance from the other party. 4. "Responding Party"means a party that provides assistance to a Requesting Party. 5. "Requesting Official" means the person designated by a party who is responsible for requesting assistance from other party. 6. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. /al III. General Provisions and Procedure 1. Procedure a. Request for Assistance. Whenever,in the opinion of a Requesting Official, there is a need for assistance from the other party, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. b. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his or her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. c. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment, or by order of the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. d. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 2. General Provisions. a. The decision to request assistance, along with the procedure for making such requests, and the decision to respond or not to respond, shall be made in accordance with the internal rules and procedures of the individual parties. Failure to provide assistance shall not result in liability to any party. b. Notwithstanding the above,the parties agree the following statement of procedure represents an appropriate request circumstance and will be included in the various parties' internal rules and procedures: When there is a request for assistance from a Requesting Party in an emergency situation and an individual officer of a party is the closest available unit, it will be up to the discretion of the individual officer to decide whether or not to leave the party's jurisdictional boundaries and respond. c. No charges will be levied by a Responding Party to this Agreement for assistance rendered to the Requesting Party under the terms of this Agreement unless that instance continues for a period of more than 48 hours. If assistance provided under this Agreement continues for more than 48 hours,the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 48 hour period,including salaries, overtime, materials and supplies, equipment and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Such charges are not contingent upon the availability of federal or state government funds. d. The Requesting Party may, at any time,terminate the request for assistance by orally indicating such to the Responding Party and the rights and responsibilities of the Responding Party shall immediately cease. e. It shall be the responsibility of the law enforcement administrator of each of the parties to fully apprise the participating personnel of the procedures, conditions, and limitations under this Agreement, as well as any amendments hereto. IV. Insurance Each party shall maintain public liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability,claims in amounts which shall, at a minimum, comply with Minn. Stat. § 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. V. Indemnification 1. All parties to this Agreement recognize each other as a political subdivision of the State of Minnesota. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of; or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the requesting party pursuant to this Agreement. Under no circumstances,however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Municipal Tort Liability Act, Minnesota Statutes Chapter 466, applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 2. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction, subject to the limits of liability under Minnesota Statutes Chapter ! II 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No party to this Agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance,both as described in this Agreement. 4. For the purposes of the Minnesota Municipal Tort Liability Act,the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subd. 6) of the Requesting Party. VI. Workers' Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while providing assistance pursuant to this Agreement. Each party waives the right to bring claims against the parties to recover workers' compensation benefits paid to its own officers, employees,volunteers or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VII. Damage to Equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VIII. Withdraw and Termination A party may withdraw from this Agreement at any time upon thirty(30) calendar days written notice to the other party. Notice shall be given as described in Paragraph XI of this Agreement. Parties that have withdrawn may rejoin after executing the appropriate resolution and documents. IX. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Each party agrees to hold the other parties harmless from any claims resulting from an unlawful disclosure or use of data,by its respective personnel,protected under state and federal laws. I/; X. Audits The parties agree to comply with Minnesota Statutes Section 16C.05, subdivision 5 regarding audits. XI. Notice Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the U. S. Postal Service, addressed to the attention of police chief or sheriff at the address of the record. XII. Amendment or Changes The parties agree that no change, amendment, or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. XIII. Entire Agreement. It is understood and agreed that the entire agreement of the parties is contained in this Agreement and it supersedes all oral agreements and negotiations between the parties relating to mutual aid, as well as any previous agreements presently in effect between the parties relating to mutual aid. XIV. Counterparts This Agreement may be executed in multiple counterparts each of which shall be considered an original. XV. Governing Law This Agreement shall be governed and construed under the laws of the State of Minnesota. IN TESTIMONY WHEREOF,the parties have executed this Law Enforcement Mutual Aid Pact as of the date and year last signed below. CAR CITY OF EDEN PRAIRIE By: Chair,Board of Commissioners Mayor B ��� ;;.ff y City Clerk By: • k By: Co ty • a r mis ator Chief of Police By: i, ����t1i l .�.� By: ty- /� . - � City Attorney � / I Dated: / ' 6-Th , 2003 Dated: , 2003 LMC • LMCIT Risk Management Tnformation League of Minnesota Cities 145 University Avenue West, St. Paul,Iv EN 55103-2044 Cities promo;g excellence Phone: (651)281-1200 • (800) 925-1122 Fax: (651) 281-1298 •TDD (651) 281-1290 www.lmcitlmnc.org LMCIT MODEL MUTUAL AID AGREEMENT The League of Minnesota Cities Insurance Trust has developed a Model Mutual Aid Agreement for cities to consider when they are working with other local governments.It provides a system to address liability,worker's compensation and equipment damage in mutual aid incidents. Generally,the basic elements of the model agreement are: • Worker's Compensation—Each city retains the financial responsibility for workers' compensation benefits for its own employees, for any injuries that occur in mutual aid situations.Further, each city agrees not to bring claims against the other cities to recover the cost of workers' compensation benefits to its employees. • Equipment—Each city retains the financial responsibility for damage to or loss of its own equipment that may occur in a mutual aid situation. • Responding Party as Employees of Requesting Party—The Responding Party's employees will be considered to be employees of the Requesting Party for the purposes of the Minnesota Municipal Tort Liability Act. • Indemnification—The city receiving the assistance agrees to defend and indemnify the city(s)providing the assistance, for any liability claims by third parties that may arise from the mutual aid situation,to the extent of the city's statutory liability limits. • Command—The personnel providing assistance act under the command of the requesting city's officer in charge at the scene.Thus the receiving city,which bears the liability risk,is also in a position to control that risk. . Why does LMCIT suggest handling liability this way? These provisions eliminate the potential for conflicts and litigation between the cities about who is liable for what. The basic idea is that there are better ways for the cities and LMCIT to use the taxpayers' money than to spend it suing each other. Incidentally,the 1998 law authorizing inter- local disaster assistance,Minnesota Statute 12.331,sets out a very similar scheme for handling liability,workers compensation, and equipment damage. Its Worker's Compensation This provision helps to eliminate conflicts between the local governments for injuries to each other's employees.Each government pays the worker's compensation coverage on its own employees so it makes sense that that government would be responsible for injuries to its own employees.By waiving the right to recover any damages from the other parties to the mutual aid agreement,you avoid having the parties suing each other. Equipment Similarly,each party pays for property coverage for its own equipment so it would make it simpler for each party to be responsible for any damages or loss of its own equipment. So even if another party causes damage to another party's equipment,with this waiver of subrogation,the parties agree that they will not sue for that loss.Again,it eliminates conflicts between the local governments. Responding Party as Employees of Requesting Party The provision that states that an employee of the Responding Party will be considered to be an employee of the Requesting Party for liability purposes will help to reduce the costs for defending the actions by allowing one attorney to defend the action. This method would also ensure that there would be only one liability limit at stake.Minnesota Statutes 12.331 and 626.77 both use this method so it is clear that the legislature can do this through legislation.It is not clear if local governments can also establish this type of system through an agreement. Indemnification The defense and indemnification provisions for liability claims are intended to make it possible to appoint a single defense attorney to defend all of the parties that might be the target of tort • - liability claims arising from a mutual aid situation.That attorney can then provide a unified defense of all of the parties,since the liability is covered under the receiving city's coverage.It doesn't matter which city or individual employee is ultimately determined to have been negligent. Tithe agreement instead made each city responsible for its own employees'negligence, defending potential liability claims is more complicated and expensive. If several cities were all sued for something that occurred in a mutual aid situation,each of those cities would need to have its own defense attorney.And because"who pays"depends on"whose fault was it",all those multiple defense attorneys are automatically in conflict with each other,each trying to make sure that if anyone is held liable,it's one of the other defendants. In short,with the defense and indemnification provisions that the model agreement incorporates, defending liability claims is simpler and less expensive.We are only paying one attorney to defend the claim,rather than paying several attorneys to both defend the claim and fight with each other. lid Though taking on the liability damages of other cities,LMCIT members would all benefit from the reduced amount for attorneys' fees.For example,in five of the last seven years,LMCIT's expenses for attorney's fees in police liability claims were significantly more than the liability damages.LMCIT member cities are assessed both the damages and the attorneys' fees in determining their liability claims experience. Some cities do not like the idea of taking on another city's negligence. They are uncomfortable with how some employees from other cities may act or whether the employees have had adequate training. Therefore,it is important for cities to discuss these concerns. In order for Mutual Aid to be beneficial, cities shouldn't have to worry if the response from the other city is going to be appropriate. Command The model agreement addresses these concerns by making it clear that the Requesting Party that is taking on the liability for the Responding Party is in command of the mutual aid scene. It places the Requesting Party in a position to help control the potential risks by being the party that decides how to handle the emergency site and what equipment to use. • Coverage issues Each city's LMCIT liability coverage covers liability that the city assumes by contract.Therefor, the city's LMCIT liability coverage picks up the duty to defend and indemnify which the city would assume under the mutual aid agreement.Note also that the city's duty to defend and indemnify the other parties is limited to the amount of the statutory liability limits for one city. Charges Traditionally, local governments do not charge for services to each other in a mutual aid situation.However,the provision in the Model Agreement for charges after 48 hours is established to comply with a Federal Emergency Management Association's (FEMA)rule. The rule states that if local governments do not have a written agreement that provides for charges to be paid to the Responding Party, FEMA will not reimburse the Responding Party for those costs. The rule allows short-term assistance to be given for no charge.The 48-hour figure is suggested as an example but it is something that can be negotiated on by the parties. Other questions Before adopting the language from the Model Mutual Aid Agreement,it is important that city officials understand the effect of these provisions,the reasons for them, and how their LMCIT coverage would apply. If anyone has further questions,please call Ellen Longfellow LMCIT Loss Control Attorney,Peter Tritz LMCIT Administrator, or Tom Grundhoefer LMCIT General Counsel at the League offices. Ellen Longfellow 3/Ol 1 I .. CITY COUNCIL AGENDA DATE: December 16,2003 SECTION: Public Hearin DEPARTMENT: ITEM DESCRIPTION: Vacation 03-09 ITEM NO.: Engineering Vacation of Drainage and Utility Easements in Dave Olson Hennepin Village T. �-. (Published 11/27/03; Sent to 1 property owner) Requested Action Move to: Continue the public hearing for the vacation of drainage and utility easements in Hennepin Village to January 20,2004. Synopsis The Developer has requested this vacation to remove underlying easements, as platted with the Hennepin Village plat, to allow the construction of twin home units on lots previously platted for single family units. The reconfiguration plan was approved by the City Council on December 2, 2003. In order to facilitate the process, staff published the notice to conduct the public hearing on December 16, 2003. However, the Council approval was contingent upon the Developer providing documentation to the Council that purchasers of existing single family homes within Hennepin Village had been provided from the home builder (Ryland Homes) that twin or tri-plex units would be constructed adjacent to the single family units. This documentation, as well as execution of the Developer's Agreement is anticipated to be presented to Council at the January 20,2004 Council meeting. Action on the vacation request for drainage and utility easements within Hennepin Village should occur simultaneously with approval of the Developer's Agreement. Attachments Vacation Drawings • ft1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE VACATION 03-09 WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: All platted drainage and utility easements as dedicated on Lots 1 through 6, inclusive, and Lots 17 through 22, inclusive, Block 2 and Lots 1 through 21, inclusive, Block 3, HENNEPIN VILLAGE, according to the recorded plat thereof,Hennepin County,Minnesota,EXCEPT that part described as follows: The easterly 8.00 feet and westerly 8.00 feet of said Lots 1 through 6, inclusive, and Lots 17 through 22, inclusive, Block 2 and Lots 1 through 21, inclusive, Block 3; the northerly 5.00 feet of said Lot 1, Block 2; the southerly 4.00 feet of said Lot 2, Block 2; the northerly 4.00 feet of said Lot 3, Block 2; the southerly 4.00 feet of said Lot 4, Block 2; the northerly 4.00 feet of said Lot 5, Block 2; the southerly 8.00 feet of said Lot 6,Block 2; the southerly 4.00 feet of said Lot 17,Block 2; the northerly 4.00 feet of said Lot 18, Block 2; the southerly 4.00 feet of said Lot,19, Block 2; the northerly 4.00 feet of said Lot 20, Block 2; the southerly 4.00 feet of said Lot 21, Block 2; the northerly 5.00 feet of said Lot 22, Block 2; the northerly 8.00 feet of said Lot 1, Block 3; the southerly 4.00 feet of said Lot 2, Block 3; the northerly 4.00 feet of said Lot 3,Block 3; the southerly 5.00 feet and southeasterly 8.00 feet of said Lot 4, Block 3; the southerly 5.00 feet of said Lot 5, Block 3; the northerly 4.00 feet of said Lot 6, Block 3; the southerly 4.00 feet of said Lot 7, Block 3; the northerly 4.00 feet of said Lot 8, Block 3; the southerly 4.00 feet of said Lot 9,Block 3; the northerly 4.00 feet of said Lot 10,Block 3; the southerly 4.00 feet of said Lot 11, Block 3; the northerly 4.00 feet of said Lot 12, Block 3; the southerly 4.00 feet of said Lot 13, Block 3; the northerly 5.00 feet of said Lot 15,Block 3; the northerly 5.00 feet of said Lot 16, Block 3; the southerly 4.00 feet of said Lot 17, Block 3; the northerly 4.00 feet of said Lot 18, Block 3; the southerly 4.00 feet of said Lot 19, Block 3; the northerly 4.00 feet of said Lot 20, Block 3; and the southerly 8.00 feet of said Lot 21,Block 3. WHEREAS, a public hearing was held on December 16, 2003, after due notice was given to affected property owners and published in accordance with M.S.A.412.851;and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and has no interest to the public,therefore,should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 16,2003. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta,City Clerk lao CITY COUNCIL AGENDA DATE: 12/16/03 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance Resolution Approving the 2004 to 2008 Capital Sue Kothchevar Improvement Plan YE :e. Requested Action Move to: • Adopt resolution approving the 2004 to 2008 Capital Improvement Plan Background Information In 2003 the Minnesota legislature passed Minnesota Statute 410.326,which allows cities to issue bonds under a qualified capital improvement plan. Bonds may be issued for the acquisition or betterment of public lands,buildings or other improvements for the purpose of a city hall,public safety facility,and public works facility. The law requires a public hearing and council adoption of the plan. Attachments Resolution Ili CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION ADOPTING THE:2004 TO 2008 CAPITAL IMPROVEMENT PLAN WHEREAS, during the course of the preparation and review of the 2004 to 2008 Capital Improvement Plan(the CIP)the City Council(the Council)of the City of Eden Prairie, Minnesota(the City)has considered,for each capital improvement and for the CIP overall:the condition of the City's existing infrastructure,including the projected need for repair or replacement;the likely demand for the improvement;the estimated cost of the improvement;the available public resources;the level of overlapping debt in the City;the relative benefits and costs of alternative uses of the funds; operating costs of the proposed improvements; and alternatives for providing services most efficiently through shared facilities with other cities or local government units;and WHEREAS,the CIP covers at least a five-year period beginning with the date of its adoption; sets forth the estimated schedule,timing, and details of specific capital improvements by year,together with the estimated cost,the need for the improvement, and sources of revenue to pay for the improvement. WHEREAS,a public hearing regarding the proposed plan was held on December 16th, 2003 at 7:00 p.m. in the City Council Chambers; and WHEREAS,it is in the best interests of the City to approve the plan. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City Council hereby approves the 2004 to 2008 Capital Improvement Plan. ADOPTED by the City Council of the City of Eden Prairie this 16th day of December 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk I CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims December 16,2003 SERVICE AREAIDIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Payment of Claims Sue Kotchevar Requested Action Move to: Synopsis Checks 125690 - 126102 Wire Transfers 1913 - 1920 Background Information Attachments l a3 City of Eden Prairie Council Check Summary 12/16/2003 Division Amount General 316,382 100 City Manager 95 101 Legislative 2,010 102 Legal Counsel 54,495 110 City Clerk 998 111 Customer Service 6,334 112 Human Resources 4,922 113 Communication Services 630 114 Benefits&Training 19,371 115 Risk Management 29 116 Facilities 5,462 117 City Center 2,502 131 Finance 51 132 Social Services 1,037 133 Community Development 28 135 Information Technology 34,326 136 Wireless Communication 2,172 137 Economic Development 7,730 150 Park Administration 245 151 Park Maintenance 19,600 153 Athletic Programs 3,871 154 Community Center 52,366 156 Youth Programs 2,786 157 Special Events 1,001 158 Senior Center 1,431 159 Recreation Administration 8,124 160 Adaptive Recreation 166 161 Oak Point Pool 10,315 162 Arts 5,457 163 Park Facilities 414 180 Police 7,088 181 Telecommunicators 171 184 Fire 9,672 185 Animal Control 6 186 Inspections 148 200 Engineering 1,062 201 Street Maintenance 27,582 202 Street Lighting 143 203 Fleet Services 42,810 311 Grant Fund 1,292 502 Park Development 124,095 503 Utility Improvement 16,600 505 Utility Reserve 14,220 506 Impoovment Bonds 1996 126,917 507 Construction Fund 2,517 509 CIP Fund 1,016 511 Construction Fund 186,245 601 Prairie Village Liquor 113,916 602 Den Road Liquor 164,499 603 Prairie View Liquor 120,238 701 Water Fund 100,866 702 Sewer Fund 171,103 703 Storm Drainage Fund 3,356 803 Escrow Fund 12,239 806 SAC Agency Fund 99,450 Report Totals 1,911,599 Icy City ofEden Prairie Council Check Register 12/162003 Check# Amount Vendor/Explanation Account Description Business Unit 1913 66,308 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1914 8,629 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1915 5,614 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1916 51 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1917 285 MINNESOTA DEPT OF REVENUE Employers SS&Medicare General Fund 1918 22,722 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1919 12,730 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1920 112,135 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 125690 19 APPARENTLY GRAPHIC LID. Operating Supplies Fire 125691 324 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 125692 55 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 125693 295 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 125694 2,960 E.P.F.S. Other Contracted Services Cummins House Special Events 125695 192 ESBENSEN,GEORGE Operating Supplies Fire 125696 925 GARTNER REFRIGERATION&MFG IN Repair&Maint Supplies Ice Arena 125697 48,060 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 125698 300 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 125699 174 HOME DEPOT/GECF Repair&Maint Supplies Maintenance 125700 51 HOOGENAKKER,KAT}I EEN Conference Expense Finance 125701 170 HUFFMAN,JIM Other Contracted Services Storm Drainage 125702 2,517 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Charlson Area Construction 125703 52 MINNESOTA CONWAY Safety Supplies Fire 125704 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 125705 2,708 PARROTT CONTRACTING INC Other Contracted Services Storm Drainage Projects 125706 7,743 PRAIRIE PARTNERS SIX IL? Building Rental Prairie Village Liquor Store 125707 124 SCIENCE EXPLORERS Instructor Service Outdoor Center 125708 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 125709 200 TIME WARNER CABLE Operating Supplies Fire 125710 40 TRAPP,SUZANNE Instructor Service Outdoor Center 125711 299 UNIFORMS UNLIMITED Clothing&Uniforms Fire 125712 45 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 125713 447 AMERICAN INTERTRADE Wine Imported Prairie Village Liquor Store 125714 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 125715 146 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 125716 4,398 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 125717 38 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 125718 10,914 DAY DISTRIBUTING Beer Prairie Village Liquor Store 125719 8,570 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store • 125720 16,281 EAST SIDE BEVERAGE COMPANY . Beer Prairie Village Liquor Store 125721 475 GRAPE BEGINNINGS • Wine Domestic Den Road Liquor Store 125722 9,941 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 125723 1,424 HOHENSTEINS INC Beer Prairie Village Liquor Store 125725 28,305 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 125726 12,038 MARK VIE Beer Den Road Liquor Store 125727 325 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 125728 445 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 125729 3,969 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 125730 20,503 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 125731 565 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 125732 5,167 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 125733 10,089 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 125734 9,661 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 125735 230 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Prairie Village Liquor Store 125736 572 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 125737 1,517 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 125738 1,132 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 125739 10,400 AETHER SYSTEMS INC Miscellaneous Information Technology 125740 240 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 125741 89 AT&T Pager&Cell Phone Police 125742 106 CARLSON,DAN Travel Expense Police 125743 216 COMMUNITY HEALTH CHARITIES United Way Withheld • General Fund 125744 15 EXPRESS MESSENGER SYSTEMS INC Postage General 125745 70 GOOD,JAMIE Clothing&Uniforms Police 125746 598 I D SCHOOL DIST 272 Printing Youth Programs Administration 125747 46 J H LARSON ELECTRICAL COMPANY Operating Supplies Traffic Signals 125748 159 MAENOMEN COUNTY SHERIFF'S DEPT Deposits Escrow 125749 360 MALONE,TOM Instructor Service Fall Skill Development 125750 2,044 MINN CHILD SUPPORT PAYMENT C 1R Garnishment Withheld General Fund 125751 227 MINNESOTA DhYI OF REVENUE Garnishment Withheld General Fund 125752 623 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Fall Skill Development 125753 495 PARTY MUSIC INC Employee Award Human Resources 125754 270 PEDERSON,TOM Other Contracted Services Senior Center Program 125755 40 SCADDEN,JENNA Clothing&Uniforms Police 125756 111 SCHLOSSMACHER,JIM Clothing&Uniforms Police I25757 163 SCIENCE EXPLORERS Instructor Service Special Events&Trips 125758 200 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 125759 800 SKYHAWKS SPORTS ACADEMY Instructor Service Fall Skill Development 125760 125 ST.LOUIS PARK,CITY OF Operating Supplies Elections 125761 50 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 125762 192 STRATEGIC EQUIPMENT Operating Supplies Police City Center 125763 690 STREICHERS Clothing&Uniforms Police 125764 180 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 125765 6 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 125766 292 EDEN PRAIRIE CHAMBER OF COMMER Prepaid Expenses Prairie View Liquor Store 125767 20 FAMILY FUN Prepaid Expenses General Fund 125768 75 IAFCI MINNESOTA Prepaid Expenses General Fund 125769 50 IMSA Prepaid Expenses General Fund 125770 2,054 METRO SALES INCORPORATED* Other Rentals General 125771 100 MIAMA Prepaid Expenses General Fund 125772 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 125773 1,375 MPPOA Prepaid Expenses General Fund 125774 115 NATIONAL TRUST FOR HISTORIC PR Prepaid Expenses General Fund 125775 35 PURCHASE POWER Postage General 125776 794 QWEST Telephone Water Utility-General 125777 76 SAGE PUBLICATIONS INC. Prepaid Expenses Water Enterprise Fund 125778 28 STAR TRIBUNE Operating Supplies In Service Training 125779 182 WALMART COMMUNITY Operating Supplies Cummins House Special Events 125780 76 AWWA Training Supplies Water Utility-General 125781 21 BLAYLOCK PLUMBING CO Plumbing Permits General Fund 125782 6,968 BOBS LAWN&LANDSCAPING,INC Other Contracted Services Improvement Projects 1996 125783 80 CENTERPOINT ENERGY Gas Crestwood Park 125784 60 CLAUSEN,JENNIFER Other Contracted Services Cummins House Special Events 125785 225 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 125786 60 CRAWFORD,ANN Other Contracted Services Cummins House Special Events 125787 60 DANDREA,CINDY Other Contracted Services Cummins House Special Events 125788 62 DAVANNPS PIZZA Operating Supplies Teen Programs 125789 70 KLOECKNER,LINDA Advertising Community Center Admin 125790 22 KRAEMER,GARY Program Fee Special Events&Trips 125791 13 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance • 125792 804 M AMUNDSON Operating Supplies Halloween Party 125793 38 MASTER GAS l,TI 1'ERS. Mechanical Permits General Fund 125794 60 MELZER,JIM Other Contracted Services Cummins House Special Events 125795 212 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 125796 144 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 125797 275 MOLBERG,ELIZABETH Special Event Fees Senior Center Program 125798 138 MRPA Prepaid Expenses General Fund 125799 3,992 NILSSEN,BETH Instructor Service Ice Arena 125800 193 OFFICE DEPOT CREDIT PLAN Operating Supplies Park Maintenance 125801 60 ONGNA,RICHARD Other Contracted Services Cummins House Special Events 125802 310 PETTY CASH Mileage&Parking Police 125803 261 PETTY CASH-POLICE DEPT Operating Supplies Police 125804 807 RATEIKE,MARILYN JANE Other Contracted Services Art&Music 125805 150 SEATON,ROBYN Other Contracted Services Cummins House Special Events 125806 220 TARGET CENTER Special Event Fees Preschool Events 125807 87 UNITED RENTALS HIGHWAY TECHNOL Prepaid Expenses General Fund 125808 150 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 125809 9 WAGNER,CARLA Lessons&Classes Ice Arena 125810 100 WESTACOTT,JOEL Other Contracted Services Summer Theatre 125811 504 ZWIEG,JEF''b Building Repair&Maint City Center Operations 125812 47 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 125813 97 AMERIPRIDE LIEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 125814 150 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 125815 5,501 BELLBOY CORPORATION Liquor Prairie View Liquor Store 1258I6 502 D'VINE WINE DISTRIBUTORS Wnne Imported Prairie Village Liquor Store 125817 5,884 DAY DISTRIBUTING Beer Prairie View Liquor Store 125818 1,906 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 125819 15,972 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 125820 786 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 125821 11,615 GRIGGS COOPER&CO Liquor Prairie View Liquor Star 125822 20,394 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 125823 7,200 MARK VII Beer Den Road Liquor Store 125824 758 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 125825 1,429 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 125826 8,222 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 125827 771 PINNACLE DISTRIBUTING Misc Non Taxable Prairie View Liquor Store 125828 2,024 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 125829 6,921 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 125830 13,308 THORPE DISTRIBUTING Beer Prairie View Liquor Store 125831 3,112 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 125832 2,249 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 125833 1,727 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 125834 125 ANOKA-HENNEPIN TECHNICAL COLLE Tuition Reimbursement/School Fire 125835 23 BOMA MINNEAPOLIS Other Contracted Services Risk Management 125836 31 CENTER POINT ENERGY MGCO Mechanical Permits General Fund 125837 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire • 125838 641 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 125839 550 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Eurasian Water Millfoil 125840 700 DOOR TO DOOR Miscellaneous Housing,Trans,&Human Sery 125841 72 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 125842 4,324 ELAN FINANCIAL SERVICES Tuition Reimbursement/School Police 125843 55 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 125844 195 FEDEX Postage General 125845 1,366 FISHER ROSEMOUNT SERVICE AND S Equipment Parts Water Treatment Plant 125846 6,470 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 125847 2,500 HAMLINE UNIVERSITY GRADUATE SC Other Contracted Services Environmental Education 125848 450 HEMKER WILDLIFE PARK Other Contracted Services Cummins House Special Events 125849 2,688 HENNEPIN COUNTY TREASURER Prepaid Expenses General Fund 125850 927 ICMA Prepaid Expenses General Fund 125851 611 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Center Operations 125852 25 KALLENBACH,DONALD Program Fee Senior Center Program 125853 190 KINKO'S Printing Fire 125854 6 LEAGUE MN CITIES INS TRUST Insurance Risk Management 125855 45,361 MEDICA CHOICE Medical Bills Prepaid General Fund 125856 636 METRO FIRE Operating Supplies Fire 125857 2,261 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 125858 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 125860 7,072 OAIRE Tuition Reimbursement/School Fire 125861 28 QUICKSILVER EXPRESS COURIER • Postage General 125862 36 RAINBOW FOODS INC. Operating Supplies Cummins House Special Events 125863 16 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund 125864 55 RINDEN,JONATHON Outside Water Sales Water Enterprise Fund 125865 18,045 RUBY TUESDAY WAC-Water Utility Reserve Fund 125866 125 SBSI INC Prepaid Expenses General Fund 125867 50 SCHAITBERGER,CHUCK Dues&Subscriptions Fire 125868 75 THIELMAN,MARC Operating Supplies General Facilities 125869 1,013 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 125870 254 WERTS,SANDY Mileage&Parking Special Events Administration 125871 87 WEST WELD Equipment Parts Fleet Services 125872 215 WONDERWEAVERS Other Contracted Services Cummins House Special Events 125873 300 CARLTON COUNTY SHERIFFS DEPT Deposits Escrow 125874 290 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 125875 15 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 125876 137 KING,DONNA Wages No Benefits Fitness Classes 125877 35 KLOECKNER,LINDA Operating Supplies Den Road Liquor Store 125878 1,052 LANZI,BOB Mileage&Parking Maintenance 125879 60 LUDWIG,JAY Other Contracted Services Cummins House Special Events 125880 650 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 125881 36 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 125882 249 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 125883 45 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 125884 38 QUICKSILVEREXPRESS COURIER Postage General la--7_ . 125885 250 RADDE TAXIDERMY Opemling Supplies Outdoor Center 125886 3,213 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 125887 7 SCHAEPE,BARBARA I resms&Classes Fitness Classes 125888 70 SEMMER,DEAN Building Permits General Fund 125889 10 STEWART,RUTH hogia„Fee Senior Center Program 125890 234 UNITED WAY United Way Withheld General Fund 125891 146 UNLIMITED SUPPJ.IFS INC Equipment Parts Fleet Services 125892 50 WFS,INC Prepaid Expenses General Fund 125893 10 YAHOO! Other Contracted Services Police 125894 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 125895 820 AMERICAN SWEDISH INSTITUTE,TH Special Event Fees Senior Center Program 125896 162 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 125897 35 BLOOMINGTON,CITY OF Operating Supplies Teen Programs 125898 4,651 CENTERPOINT ENEGY Gas Fire Station#1 125899 125 COMMISSIONER OF TRANSPORTATION Prepaid Expenses General Fund 125900 195 EDAM Prepaid Expenses General Fund 125901 95 Hat.RON,PAUL Other Contracted Services City Manager 125902 425 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology 125903 53 HENNEPIN COUNTY TREASURER Licenses&Taxes Parks Administration 125904 120 HUTCHINS,BRUCE Licenses&Taxes Inspections-Administration 125905 25,526 LOGIS Software Maintenance Information Technology 125906 250 LOGIX COMPANY,THE Software Maintenance Information Technology 125907 94,669 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 125908 74 MINN ST ADMIN TTG TELECOM SERV Software Maintenance Information Technology 125909 6,115 MINNESOTA STATE TREASURER Building Surcharge General Fund 125910 330 MPELRA Prepaid Expenses General Fund 125911 320 NUR,ZINA Miscellaneous Housing,Trans,&Human Sery 125912 28 SECRETARY OF STATE Operating Supplies Community Development 125913 5,271 STANDARD INSURANCE CO Life Insurance EE/ER General Fund 125914 100 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 125915 383 WHITE,LUKE Equipment Repair&Maint Information Technology 125916 34 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 125917 135 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 125918 178 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 125919 5,884 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 125920 5,890 DAY DISTRIBUTING Beer Prairie Village Liquor Store 125921 4,377 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 125922 6,177 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 125923 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 125924 605 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 125925 1,444 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 125926 9,671 GRIGGS COOPER&CO Liquor Den Road Liquor Store 125928 44,137 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 125929 4,836 MARK VII Beer Den Road Liquor Store 125930 271 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 125931 4,585 PAUSTIS&SONS COMPANY. Wine Imported Prairie View Liquor Store 125932 6,599 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 125933 422 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 125934 1,951 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 125935 7,431 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 125936 19,187 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 125937 142 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 125938 1,375 US POSTMASTER-HOPKINS Miscellaneous Water Accounting 125939 931 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 125940 2,644 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 125941 493 A P LAWN INC Building Repair&Maint. Fire Station#1 125942 211 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 125943 1,524 AIM ELECTRONICS Equipment Parts City Center Operations 125944 23 AIRGAS SAFETY Protective Clothing Water Treatment Plant 125945 88 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 125946 184 AMERICAN PRESSURE INC Equipment Repair&Maint Water Utility-General 125947 80 AMERICAN SWEDISH INSTITUTE,TH Small Tools Fire 125948 1,677 ANCHOR PRINTING COMPANY Operating Supplies Community Center Admin 125949 165 ARMOR SECURITY INC. Prepaid Expenses General Fund 125950 101 ASPEN CARPET CLEANING Other Contracted Services Den Road Liquor Store 125951 2,866 ASPEN EQUIPMENT CO. Other Rentals Park Maintenance 125952 278 ATHLETICA Operating Supplies Ice Arena 125953 140 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Den Road Liquor Store 125954 3,514 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services /;.; 125955 1,363 BECKER ARENA PRODUCTS INC Repair&Maim.Supplies Ice Arena 125956 13,169 BENSHOOF&ASSOCIATES INC Design&Engineering Construction Fund 125957 138 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 125958 1,719 BLOOMINGTON SECURITY SOLUTIONS Equipment Parts Water Treatment Plant 125959 80 BOWLBY,ROD Other Contracted Services Basketball 125960 1,806 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 125961 1,024 BRYUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 125962 1,126 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Acquisition&Development 125963 3,131 CARGILL SALT Salt Snow&Ice Control 125964 1,070 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 125965 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 125966 1,329 CLAREYS INC Safety Supplies Fleet Services 125967 9,244 CLASS SOFTWARE SOLUTIONS Prepaid Expenses General Fund 125968 750 COMPREHENSIVE LOSS MANAGEMENT Safety Supplies Water Utility-General 125969 3,125 CORPORATE EXPRESS Office Supplies General 125970 1,166 CRYSTEEL TRUCK EQUIPMENT Equipment Repair&Maint Fleet Services 125971 7,701 CSL Other Contracted Services Economic Development 125972 2,622 CUSTOM INTERIORS BY DAVE Building Repair&Maint Water Treatment Plant 125973 5,091 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant 125974 225 CUTTING EDGE TECHNOLOGIES Equipment Repair&Maint Engineering 125975 246 CY'S UNIFORMS Clothing&Uniforms Police 125976 270 DALCO Cleaning Supplies Maintenance 125977 78 DAY-TIMER Operating Supplies Special Events Administration 125978 116 DEM CON LANDFILL LLC Waste Disposal Park Acquisition&Development 125979 217 DRISKILLS NEW MARKET Merchandise for Resale Concessions 125980 8,988 DRT TRANSPORT Other Contracted Services Lime Sludge 125981 884 EARL F ANDERSEN INC Building Materials Park Acquisition&Development 125982 526 ECOLAB INC Building Repair&Maint Public Works/Parks 125983 2,127 EF JOHNSON Operating Supplies Wireless Communication 125984 6,478 EGAN OIL COMPANY Lubricants&Additives Fleet Services 125985 4,752 EMBEDDED SYSTEMS INC Prepaid Expenses General Fund 125986 88 EMERGENCY WORLD LLC Training Supplies Fire 125987 215 ENGINEERED ICE SYSTEMS Repair&Maint Supplies Ice Arena 125988 420 ESCHELON TELECOM INC Other Contracted Services Telephone 125989 337 ESS BROTHERS&SONS INC* Repair&Maint Supplies Storm Drainage 125990 1,095 FACILITY SYSTEMS INC Building Repair&Maint City Center Operations 125991 3,527 FB LEOPOLD INC Equipment Parts Water Treatment Plant 125992 493 FERRELLGAS Motor Fuels Ice Arena 125993 58 PIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 125994 115 FORCE AMERICA Equipment Parts Fleet Services 125997 17,477 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms Park Maintenance 125998 311 GALLS INC Clothing&Uniforms Fire Cert Grant 125999 22,344 GARTNER REFRIGERATION&MFG IN Repair&Maint Supplies Ice Arena 126000 540 GEBO,ROBERT L. Other Contracted Services Volleyball 126001 24 GINA MARIAS INC Operating Supplies Reserves 126002 883 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 126003 307 GRAINGER Building Repair&Maint. Park Maintenance 126004 336 GREATAMERICA LEASING CORP. Other Rentals General 126005 89 GREENMAN TECHNOLOGIES OF MN IN Equipment Repair&Maint Fleet Services 126006 2,007 GWS INC Clothing&Uniforms Prairie Village Liquor Store 126007 1,216 HACH COMPANY Office Supplies Water Treatment Plant 126008 63 HAMILTON,MICHAEL Other Contracted Services Softball 126009 18,619 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 126010 117,000 HENNEPIN COUNTY TREASURER Land Park Acquisition&Development 126011 320 HENRY,PAUL Other Contracted Services Volleyball 126012 488 HIGLEY,STEVE Other Contracted Services Softball 126013 40 HOIGAARD'S CUSTOM CANVAS Repair&Maint Supplies Fire 126014 660 HOLMES,JOHN CARTER Other Contracted Services Basketball 126015 820 HOLMES,TOM Other Contracted Services Volleyball 126016 6,577 HOUSE OF PRINT Printing Community Brochure 126017 55 HYDROLOGIC Repair&Maint Supplies Ice Arena 126018 263 I-STATE TRUCK CENTER Equipment Parts Fleet Services 126019 3,356 ICERINK SUPPLY CO Repair&Maint Supplies Ice Arena 126020 10,508 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 126021 65 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development 126022 1,000 INSPEC INC. Other Contracted Services Capital Impr./Maint Fund 126023 162 J H LARSON ELECTRICAL COMPANY Repair&Maint Supplies Fire 126024 189 J W PEPPER OF M NNEAPOLIS Operating Supplies Art&Music 126025 2,826 JANEX INC Cleaningng Supplies Maintenance f Ja / 126026 562 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 126027 118,925 K[LMER ELECTRIC CO INC Improvement Contracts Improvement Projects 1996 126028 21 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 126029 73 LAB SAFETY SUPPLY INC Operating Supplies Maintenance 126030 730 LANDS END CORPORATE SALES Clothing&Uniforms Police 126031 311 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services 126032 18,978 LEAGUE MN l t l iES INS TRUST Workers Comp Insurance Employee Benefits 126033 191 LEON DUDA PLUMBING Other Contracted Services Water Meter Repair 126034 147 M R SIGN Signs Traffic Signs 126035 500 MARTIN-MCALLIS IhR Employment Support Test Human Resources 126036 24,375 MCF-LINO LAKES Other Contracted Services Street Maintenance 126037 1,010 MENARDS Operating Supplies Street Maintenance 126038 29 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 126039 167,358 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 126040 338 METROPOLITAN FORD Equipment Parts Fleet Services 126041 1,610 METROPOLITAN MECHANICAL Repair&Maint Supplies Ice Arena 126042 440 MICHELAU,JOHN Other Contracted Services Volleyball 126043 5,817 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 126044 278 MIDWEST ENGINE SERVICE&SUPPL Small Tools Park Maintenance 126045 694 MINNEAPOLIS GLASS COMPANY Building Repair&Maint. Homeward Hills Park 126046 64 MINNESOTA CONWAY Safety Supplies Fire 126047 190 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 126048 3,927 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 126049 1,079 NEW HORIZONS Conference Expense Information Technology 126050 621 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 126051 133 OSI BATTERIES INC Equipment Parts Fleet Services 126052 44 PAPER DIRECT INC Office Supplies General 126053 21,378 PARROTT CONTRACTING INC Testing-Soil Boring Construction Fund 126054 2;602 PEPSI COLA COMPANY Merchandise for Resale Concessions 126055 40 PETSMART Canine Supplies Police 126056 2,555 PRAIRIE ELECTRIC COMPANY Building Repair&Maint Den Road Liquor Store 126057 114 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Ice Arena 126058 128 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 126059 460 RAY,LEE Other Contracted Services Basketball 126060 2,411 RED WING SHOE STORE Clothing&Uniforms Street Maintenance 126061 35,658 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 126062 162 ROCKLER WOODWORKING&HARDWARE Office Supplies General 126063 6,129 RUMPCA CO INC Waste Disposal Tree Removal 126064 80 S H BARTLETT CO INC Equipment Repair&Maint Maintenance 126065 450 S/K WELL Other Contracted Services Water Well#2 126066 283 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 126067 62 SBC PAGING Pager&Cell Phone Sewer Liftstation 126068 523 SCHARBER&SONS Equipment Parts Fleet Services 126069 384 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance 126070 37 SCIENCE KIT&BOREAL LABORATOR Operating Supplies Water Treatment Plant 126071 354 SHERWIN WILLIAMS Repair&Maint.Supplies Park Maintenance 126072 58 SHRED-IT Waste Disposal City Center Operations 126073 18,233 SIGNCRAFTERS Equipment Repair&Maint Marketcenter Reservoir 126074 174,006 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 126075 322 SNAP-ON TOOLS Equipment Repair&Maint Fleet Services 126076 1,672 SNELL MECHANICAL INC Repair&Maint.Supplies Maintenance 126077 9 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 126078 28 STAR TRIBUNE Dues&Subscriptions In Service Training 126079 680 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 126080 233 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Police 126081 919 STREICHERS Clothing&Uniforms Police 126082 2,726 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 126083 41 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 126084 874 SUN NEWSPAPERS Legal Notices Publishing City Clerk 126085 145 SWEDLUNDS Waste Disposal Outdoor Center 126086 34 TESSCO Operating Supplies Wireless Communication 126087 508 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Water Treatment Plant 126088 864 TRI-COMBINED RESOURCES,INC Clothing&Uniforms Fire Cert Grant 126089 128 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 126090 555 UNIFORMS UNLIMITED Clothing&Uniforms Police 126091 531 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant 126092 674 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant . 126093 136 VESSCO INC Equipment Parts Water Treatment Plant 126094 156 VICTORY CORPS Operating Supplies Water Treatment Plant 130 126095 97 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 126096 5,908 WATSON CO INC,l fib Merchandise for Resale Concessions 126097 255 WEST GROUP Dues&Subscriptions Water Utility-General I26098 1,154 WM MUELLER AND SONS INC Sand Snow&Ice Control 126099 9 WOLF CAMERA Video&Photo Supplies Fire 126100 1,061 WORK CONNECTION BPARK Other Contracted Services Park Maintenance 126101 1,751 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 126102 328 7IFGLER INC Equipment Parts Fleet Services 1,911,599 Grand Total 13 1 CITY COUNCIL AGENDA DATE: SECTION:Petitions and Requests December 16, 2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: Robert A. Lambert 1-41— ' Director of Parks&Recreation Proposal from Vicki Pellar-Price Requested Action Move to: Approve the proposal by Vicki Pellar-Price to install a staff and Commission approved Interpretive Trail Signage Program in the Richard T. Anderson Conservation Area at no cost to the City of Eden Prairie. Synopsis Vicki Pellar-Price, an Eden Prairie resident, is proposing to develop an interpretive trail utilizing the existing trail system within the Richard T. Anderson Conservation Area, The interpretive trail will provide"an explorative narrative of indigenous flora, stone, rock and water landscapes that convey the rhythm and beauty of the natural landscape in both historical, literary and botanical references", Elizabeth Fry Ellet is the individual that is credited for naming Eden Prairie when she visited this community in 1852, She was a writer sent to explore the new territory by the New York Times. Ms. Price has suggested developing an interpretive trail that is based on Elizabeth Fry Ellet's writings and will attempt to allow the trail user to see the various floras through her narrative. The Parks, Recreation and Natural Resources Commission unanimously recommended approval of this project at their December 1t meeting. The Commission supports delaying any signage until all the signage could be installed at the same time, Background Writers Rising Up is a non-profit organization that will attempt to obtain donations sufficient to develop the proposed signage program. City staff is recommending that the Parks, Recreation and Natural Resources Commission review any sign prior to installation on City property, City staff is concerned about location and number of signs as the value of the Conservation Area is to ensure that it does not become"cluttered"with man-made features, whether it is signs, camp sites, picnic areas, etc. There are few places in Eden Prairie or the metro area where a person can enjoy a walk in a truly natural setting without seeing man's influence. The goal of this project will be to not change the Proposal from Vicki PeIlar-Price December 16,2003 Page 2 views of the property and staff will require signs to be screened from view until you are relatively close to the sign. A sign should also provide information to the viewer regarding the natural environment that the sign is"interpreting", In other words,trail users other than those who may specifically appreciate literary history should appreciate the message on the sign. Attachments: Proposal, Timeline and Cost Estimates Project Description 133 IvtterpretI.ve TWA-Proposal 11.24.03 RE: Elizabeth Fry Ellet Interpretive Trail EFEIT, at the Richard T. Anderson, RTA, Conservation Area, Eden Prairie, Minnesota Memorawcluvvt of I.t.wderstawd%wg To: Bob Lambert Eden Prairie Parks, Recreation and Natural Resources Commission Eden Prairie City Council Interpretive Trail Concept: writers rising up to defend place, natural habitat, wetlands Note: WRU refers to: writers rising up to defend place, natural habitat, wetlands ( ..y SI%NA e- 1. EFEIT entry sign would be located somewhere near a trailhead, most likely near the parking lot (not adjacent to the park entry sign on Hwy. 212). I RAIL- LOCATION ANT) GI--ARACTER.ISTIGS- 1. Trails to follow existing RTA main trail layout, spurs to special natural features(only if necessary) located by Kestrel Design Group. Trail surface (woodchip mulch) and widths of spurs to adhere to Eden Prairie P&R Dept. standards. 2. Trail to include 1 council ring at present at a specific location to be designed by Kestrel Design Group. Council Ring to be constructed of stone and compatible with RTA. Dimensions: 18" high, 18" wide, 14' to 18' diameter. 3. Trails to include 6 interpretive signs set back from the trail to reduce visual impacts to the RTA. TR Ad t_SINAcie- 1. Sign components collected and created by WRU and Kestrel Design Group in keeping with the current sign standards: format, text, colors, materials, design template (size 3' x 4'). 2. Signage at specific locations to detail historical, botanical and literary references from "Summer Rambles in the West," by Elizabeth Fry Ellet. 3. Signage to include plant species and other information related to the natural landscape provided by the Kestrel Design Group. II 1 3�J -7 4. Signage to include images of historic artifacts, engravings, etchings, newspaper clippings, etc. from the Minnesota Historical Society or other sources. 5. Signage credit to WRU and Kestrel Design Group. 6. All EFE Trail Signage to include logo of the non-profit organization WRU. 7. Signage to include actual text from "Summer Rambles in the West." TRAIL TOL'(l S AND COLLATERAL$'( WRJA- 1. WRU will maintain an ongoing marketing program to promote the EFEIT to include: 2. Trail tours, educational, literary and botanical programs and associated collateral to be offered by WRU at www.writersrisinqup.com 3. EFEIT Interpretive Trail map viewable and printable at www.writersrisinqup.com . 4. EFEIT tours, workshops, educational classes available through (WRU) writers rising up. 5. WRU will include information related to the RTA, history, location, plant communities and conservation at www.writersrisinqup.com . 6. WRU will seek grants and donations as well as an ongoing marketing program to fund the EFEIT. Prof ect rr,v to Uwe: • Approval Process Commission/Council Meetings December 2003 • One sign and six locations sited (design to begin January 2004). • Funding to begin in January 2004 after approval completed. • First signage to go up in Spring 2004_ • Remaining signage to go through approval process and be completed by Spring 2005. statemewt of stLvu.atetl Costs- Estimated costs for this entire project will include the following: trail segment additions if necessary; signage costs; all design costs; installation costs; proposed funding sources for each element of the project. Signage- Signs- 12sf per sign x 6 signs = 72sf 72sf x$35 a foot per sign (Footing Extra per John Gertz) = $2,520 Frame costs=$800 ea x 5-6 =$4,000-$4,800 Installation costs= $100 ea x 5-6=$500-$600 Signage Graphic Design= $400—per sign=$2,400 per WRU Subtotal $9,420 -$10,320 2 135 Kestrel Design Group Fee-under separate cover Supplemental Plantings=$3,000 Trail Segment additions=$2,000 1-2 Council Rings= $5,000 to $10,000 Subtotal $10,000 -$15,000 WRU Marketing to Public Costs- EFEIT web presence= $1,500 Garden Guides= Design $400 Garden Guide Map redesign for EFEIT= $400 Printing for Garden Guides= $1,500 Subtotal-$3,800 WRU Project Research &Time- Project Research=$1,700 Time & Expenses=$1,700 Text/Editing=$500 Subtotal-$3,900 WRU Garden Marketing Sponsorship Program Collateral- Funding Letters/ads/ Broadsides-Printing=$2,500 Friends of the Mississippi River=$100 Fundraiser fee Rivers of Ink Minnesota Historical Society=$100 Fundraiser fee Subtotal-$2,700 Total $29,820 - $35,720 Contingency 10% of Project Costs $ 2,982 - $ 3,572 Project Total $32,802 - $39,292 Proposed Funding Sources- DNR regional Trail grants Bell Museum Grants Minnesota Landtrust Grant: Perserving and Restoring Native Landscapes. McKnight Foundation: Embrace Open Space. Eden Prairie Foundation. Minnesota Historical Society APPROVAL PROCESS- EFEIT to follow approval procedure of Eden Prairie Park, Recreation and Natural Resources Commission and its City Council. 3 136 Dated on this day, November 21, 2003 in Eden Prairie, Minnesota. Vicki Pellar Price, Writers Rising Up Incorporated L. Peter MacDonagh, The Kestrel Design Group, Inc. 4 137- The &l.izabeth Fro I.i et twterpretive Tram iw the Richard T.Awdersow Cowservatiow Area, dew Prairie, MEwwesota Project Proposal for;Eden Prairie Parks,Recreation and Natural Resources Commission and the Eden Prairie City Council, December 2003. Naw44g i✓dew Prafrie- sewt bd the New yorle T%vu.es to explore the wew territord 41.1252, Elizabeth Fru eLLet's OtescriTti.oin.s £v.her boot, "sI .mvvv.er Rav ties Lwthe West," gave voice to the Lawol awd a wavve to aw area we wow call home. what is aw twterpretive Trail.? • What is an Interpretive Trail? An Interpretive Trail contains original native plant communities, interpreted through the written word. For centuries the land has captured the imaginations of writers and painters alike. The Interpretive Trail is an explorative narrative of indigenous flora, stone, rock, and water landscapes that convey the rhythm and beauty of the natural landscape in both historical,literary and botanical references. eFe twterpretive Trail. Project overview- Writers Rising Up, a non-profit organization,requests approval for the Elizabeth Fry Ellet Interpretive Trail at the Richard T. Anderson Conservation Area. Writers Rising Up and the Kestrel Design Group will present the proposed permanent signage installation to the Eden Prairie Parks, Recreation and Natural Resources Commission and the City Council for the EFEIT,Elizabeth Fry Ellet Interpretive Trail(based on Ellet's book, Summer Rambles in the West)in December 2003. eFe Iv terpretive Trail (5p rr) B,ewef is to tine Covu.wi.u.witi- The EFEIT has the potential to attract many visitors to the Richard T.Anderson Conservation Area, bluff, and river byway that borders our city due to its uniqueness and ongoing educational programs. WRU's mission is to promote writers who portray place,natural habitat and wetlands in their work. WRU has partnered for three years with the Minnesota 1 1346( Landscape Arboretum.This year,In the Company of Places:Retreat and Readings and In the Company of Places:Line Art and Poetry Exhibit will be the event focus for summer 2004.We've also partnered with Dunn Bros Coffee to create community based educational events called Writers' &Readers'Common Grounds. We publish a quarterly digest to promote the events and Dunn Bros Coffee. The EFE Interpretive Trail fits our mission of supporting writers whose interests reflect the natural/cultural environment.Eller s excursions in Minnesota were at a time when the state was mainly Indian Territory,with newly claimed farmlands and homesteads. Ellet.'s descriptions of the land are intertwined with stories of sacred Indian places and new homesteaders, amidst wild and beautiful natural landscapes. • The EFEIT will include 6 signs throughout the RTA that will be placed adjacent to existing paths.The signage will blend into the background landscapes,but be accessible and visible.There will be a guide map both on the interpretive signs and a printable version on the web site that shows visitors where the signs are located. Each sign will represent an indigenous plant community within the RTA, to include:local plant communities and plant species,Ellet's"rambles," as well as examples of botanical,historical,pictorial and literary references. The trail signage,which will guide the visitor throughout the RTA,will only be one element of the experience;visitors will also be able to become more involved in educational events,projects,explorations and pastoral journaling programs. The trail signage,additional plantings, guides and associated educational tours, workshops and trail tours will be funded through grants, donations and an ongoing marketing sponsorship program to be organized and conducted by WRU,Writers Rising Up. Cardew si,gwage- The signage already developed for the RTCA site would be utilized as a model for the EFE Interpretive Trail's historical,literary and botanical references and pictures. The eF (T Would Be A Regi.onal. and Local.Attractlow- Interpretive Trail. impacts to the Cowc.mu.watd- 2 13/ • Unique Regional/National Historical,Botanical,Literary Attraction that brings in both local and non-local visitors. • Gives Eden Prairie, already known as having the best park system,the distinction of having an Interpretive Trail. • Attracts regional and national visitors interested in the botanical, historical and literary connections/events related to the trail. • Web site promotes educational and gardening programs and offers on- going merchandise and features sponsor offers which fund garden and web maintenance on a continual basis. • Interpretive Trail Tours(historical overview,plant identification)from May to October. • Literary,historical,botanical presentations from May to October. • Interpretive Trail Tours promoted through local businesses/advertising/web site. • Regional School tours of native plants and landscapes in their historical/literary/botanical context The Cow.wLv I4J idewti fees with Wet. Did you know many Eden Prairie businesses as well as the city's official web site identify Eden Prairie with Ellet,who named the area in 1852. Ewterpreti,ve Trail. Puwdreaser vev k- suw.wter 2001- • Friends of the Mississippi River • Minnesota Historical Society Patrick Coleman's Rivers Of ink:writing about the father of waters • Coffee House Press And more local sponsors Ewterpretive TraI.(, cu1de Through .spowsori-wg P.usi,wesses, Ci.t j Cewter- • Each visitor to the garden and conservation area will be able to pick up an Interpretive Trail Guide at participating stores, and at the Eden Prairie City Center. The Guide will also be online at the Interpretive Trail's web site. %wide to iwcl.uote: • Interpretive Trail Map • Identification of Plant Communities • Trial Sponsorship Program • City Greeting(optional) 3 rqo • Ellet Bio • Interpretive Trail Merchandise via web site • Interpretive Trail Tours-May to October t wterpret've TrCi EL AwwuaL Acti.vit'es: • Annual Essay,Short Story, or Poetry Contests • Interpretive Trail Tours • Educational,Literary,Botanical, Historical Presentations • Pastoral Journaling Walking Tours Htistoricat Cov►.text: The Tonic of Wildness The Golden Age of the "Fashionable Tour"on the Upper Mississippi Marx Swanholm and Susan Zeik Minnesota Historical Society Accordtwg to SWavholvvt.awd zeik, uvt.ltke vuavt tourists from that area who wrote wordu accouwts of the places awd sights thej visited, llet chose to explore the iwterior lawdscapes of people's attitudes awd the uwcertaiwttes that travel to the west implied. The driviwg factor of her work was her feeliwgs awd assoctattows with wature. v.wlike the lawdiwg fathers who saw wature as sovweth'w g to cowciuer for their purposes, she viewed wature as sovu.ethtvg to be seew, beautiful al/Lot natural. The expawstov west led to aw expawstow of a wattowal literature focused ov the beautj of the America IA,wilderwess;this is evidewced iv the work ofJavvLes Fewwiv>tore Cooper, will-Lam ct,cllew'R.rtuawt, George Gaitlww, H-ewrt� laaV441 Thoreau, awd Ralph Waldo >✓vu.ersov. The very forces that were ailowtwg the explorattow of the west were the forces that would evewtuallu turw,wild awd watural lawdscapes to workiwg fields awd the expawsiow of the techwological revolutiow. ellet was twspired btu the vast uwtouched beaut j of v ture, but she realized awd described homesteaders, who fouwd its value IAA,"board feet awd tillable acres.' The vtt.ove west ewabled excurstovts to cowciuer the laved, its tvwltgewous tribes am( plavwts, Ellet elootuewtl j voted tw "summer ravvt.bles to,the West"that a people awd a lawd had become victims to this wew iwdustrializatiow, civilizatiow. 4 li—il 'Fashiovuable Tourist'was wot a nwwiker that fit 5liet. she traveled WAperturbed b� v oLe objectiows. settivu3 aside la jers of petticoats, with wo care for smart attire, she braved the expeditiow to the wewlu discovered Lc}z,e Mtwwetowka. exavupLe of Actual- Literary storj Liwe- Summer Rambles in the West,by Elizabeth Fry Filet, 1893 Chapter: Spring Cave, p 83 Those who do wot vutwd wet feet awd soiled o{ress wtiauu proceed...ascewdiwg the rocks... to several spacious chambers, awd see the rapids awd the waterfall; thewce owwarol the passage warrows "...spriwkled with burr oaks -the ktvwd most abuwdawt to-this part of Miwwesota, Loot like the apple trees of PIA,orchard..." Actual. PLRwt Covu.vu.u.v t - Mississippi Bottomland, Oak Savanna Plant Community Classification: Oak Savanna Eden Prairie Plant Conununities- Plant Identification: Plant Community-Oak Savanna Trees: Oak, Box Elder,Siberian Elm, Prickly Ash, Ironwood, Brambles. Herbs: Sedges,White Snakeroot, Catnip,Woodland Sunflower, Bellflower, Virginia Waterleaf, Anemone, Twisted Stalk. Local 'NAM CovvLvu.u.witj C1.assificati.ows- • The Interpretive Trail will feature: 1. Prairie 2. Sedge Meadow 3. Bottomland Forest 4. Big Woods 5. Oak Savanna 6. Minnesota River Bottomland owgoiwg Covu.vwuwft IwterpretWe rrc L spowsorshi.p Progravus- 5 JLJ • A marketing sponsorship by local businesses which would pay for design and implementation costs of the trail signage and other programs. • We've received oral commitments from a handful of businesses who are very enthused about a partnership/marketing program. • Businesses would support the design and implementation of the trail and recoup the cost through the marketing campaign. • Design and implementation costs will be presented to the Eden Prairie Parks and Recreation Commission and the Eden Prairie City Council in November. • Businesses would receive community recognition for their sponsorship in • the Interpretive Trail Guides. • Businesses could offer a retail program that would support ongoing • educational workshops,walks,web site,collateral, and advertising • EFE Interpretive Trail guides could be available at the City Center, and • participating stores. • Sponsorship programs will vary depending on each individual business needs. • Unique resident sponsorship program. spowsorship Focus- Fe twterpretl.ve Trail.-wR t to oversee... • Writers Rising Up (WRU)to oversee EFEIT sponsorship program. • WRU to manage and update EFE Interpretive Trail web site. • WRU will advise from time to time regarding additional plantings. • WRU will create ongoing educational,marketing support programs. • WRU will seek grants,funding and sponsorship support for EFEIT trial project and associated educational programs,web site,etc. . examples of t✓ducati,owalr evewts awd Programs WR.R would gewerate. o Plant Identification and Drawing Workshops o Minnesota Historical Society Presentations o Painted Herbarium Exhibit-Emily Hitchcock Terry 1838-1921 o Prairie Community Writing samplers o Build A Prairie: Bell Museum o Voices From the Gap: University of Minnesota t✓t,Izabeth Fru t✓LLet Heritage twterpretive Trail, web site- • Web Site,link to WRU web site(could link to city). • Interpretive Trail.Guide • Historical Timeline/Overview/Links 6 143 • Plant Browser • Interpretive Trail Planner • Pastoral America-Environmental Journaling References • Native American links and references • Sponsorship • City and Park Information rawt oppartuv ties- • Minnesota Landtrust Grant Perserving and Restoring Native Landscapes. • McKnight Foundation: Embrace Open Space. • Bell Museum. • Eden Prairie Foundation. • Minnesota Historical Society. • DNR. • Others. Project Ti wt.e Li,vt.e: • Approval Process Commission/Council Meetings December 2003 • Six locations sited. • Funding process to begin in January 2004 after approval completed. • First signage to go up in Spring 2004. • Remaining signage to go through approval process and be completed by Spring 2005. Ivt.terpretive Trail Desig[n.er- L.Peter MacDonagh The Kestrel Design Group,Inc. 5136 Hankerson Avenue,Suite 1 Minneapolis,Minnesota 55436 952 928-9600 FAX:952-928-1939 pmacdonagh@kestreldesigngroup.com www.kestreldesigngroup.com Iviterpretive Trail.Concept, guide PLaw, Marizetty-- Victoria Pellar-Price Writers rising up... to defend place,natural habitat,wetlands. 16526 W.78th St#163 Eden Prairie,MN 55346 952-937-6288 FAX:952 934-1748 www.writersrisingup.com writersrisingup@mn.rr.com 7 J411 CITY COUNCIL AGENDA DATE: 12/16/03 SECTION: Reports of Officers SERVICE AREA/DIVISION: ITEM DESCRIPTION: Finance Resolution Certifying the 2003 Property Tax Levy, ITEM NO.: Sue Kothchevar Collectible in 2004 and adopting the 2004 General nitC' I Fund BudgetI Requested Action Move to: • Adopt resolution certifying the 2004 Property Tax levy to be$24,807,656; • Approve the 2004 Budget of$31,513,486 as reviewed by the Council on December 1,2003. Background Information • On September 2, 2003, the Eden Prairie City Council adopted a resolution certifying the proposed 2004 City property tax levy. Calculations for the City showed the certified levy against tax capacity to be $25,489,863. This figure included a proposed $118,000 tax abatement levy. There is also a market value levy of$550,000. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution($1,232,207). Accordingly,the City's resolution shows a net levy on tax capacity of $24,257,656,and a market value levy of$550,000,for a total net levy of$24,807,656. According to state statute, the final levy amount must be certified to the county auditor by December 29, 2003. City Council adoption of the final levy and budget will complete this process. Attachments Resolution 114s CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION CERTIFYING THE 2003 TAX LEVY, COLLECTIBLE IN 2004, AND ADOPTING THE 2004 GENERAL FUND BUDGET WHEREAS,the City Council has reviewed the budget recommended by the City Manager,listened to public comment, and discussed the proposals and tax levy for the 2004 General Fund Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City the following purposes: Taxes to be levied against tax capacity General Fund $23,332,063 Equipment Revolving Fund 614,800 Bonds and Interest 1991B Improvement Refunding Bonds 500,000 1995 Building Refunding Bond 200,000 2000A Public Facility Bonds 300,000 2002 Public Facility Bonds 235,000 2002 Equipment Certificates 190,000 Tax Abatement 118,000 Net tax capacity levy for certification $25,489,863 Less Fiscal Disparities distribution 1,232,207 Net tax collectible in 2004 $24,257,656 Taxes to be levied against market value 2003A Refunding Park Bonds $ 500,000 2003C Refunding Open Space Bonds 50,000 Market value tax levy for certification $ 550,000 Total net tax collectible in 2003 $24,807,656 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required(as shown in Exhibit 1). BE IT}'U MILER RESOLVED that,with the conclusion ofthe Proposed Property Tax and Budget Hearing process,the City Council approves the 2004 Budget for the General Fund and Debt Service Obligations totaling$31,513,486. ADOPTED by the Eden Prairie City Council this 16th day of December,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Iin- CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2003,COLLECTED YEAR 2004 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy* OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2003/2004 2003/2004 G.O.Building Refunding Bonds 1995 06/01/95 $1,680,000 $206,517 $200,000 G.O.Public Facility Revenue Bonds 2000A 12/01/00 $3,390,000 $346,763 $300,000 G.O.Improvement Refunding Bonds 1997B 06/09/97 $2,845,000 $61,010 $0 G.O.Improvement Refunding Bonds 1991B 06/01/95 $3,255,000 $500,000 $500,000 G.O.Public Facility 2002 02/01/02 $1,000,000 $230,160 $235,000 G.O.Equipment Certificates 2002 03/01/02 $890,000 $201,585 $190,000 G.O.Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $147,620 $50,000 G.O.Refunding Park Bonds 2003A 02/19/03 $3,185,000 $447,773 $500,000 GRAND TOTAL $ 2,141,428 $1,975,000 iy1 CITY COUNCIL AGENDA DATE: SECTION:Director of Parks and Recreation December 16, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert s'' Update on Jean Harris Memorial Bridge x l I ' , I . Director of Parks&Recreation Fundraising Requested Action Basil Weisner, Chair of the Fundraising Committee for the Jean Harris Memorial Bridge has requested to provide an update on the status of fundraising for the Jean Harris Memorial Bridge. Synopsis Mr. Weisner will provide an update on the amount of funds raised to date, as well as the planned efforts for fundraising over the next six to eight months. On January 6, Barr Engineering will open bids for the Purgatory Creek Recreation Area pond excavation project which includes the construction of the bridge over the outlet to those ponds. That bid will include the cost for a standard pedestrian bridge as well as the proposed Jean Harris Memorial Bridge, so the City can determine the additional amount the Jean Harris Bridge will cost above the standard bid bridge that would be required. At that meeting the City Council will have to determine if it will support the additional cost of the Jean Harris Bridge. The Riley Purgatory Bluff Creek Watershed District will award the contract the following evening and must note which bridge to include in the contract. CITY COUNCIL AGENDA DATE: SECTION:Reports of Director Parks and Recreation Services December 16, 2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: Robert A. Lambert MIT ` . a Director of Parks&Recreation Options for Acquisition of Birch Island Woods Requested Action Option#1 Move to: Authorize staff to obtain an appraisal of the 4.04 acres with the intent to negotiate a one year option from the property owners based on the appraised amount. (This would give the City time to apply for matching grant and for supporters to raise funds to assist the City in the purchase.) Option#2 Move to: Request staff to determine if the Friends of Birch Island Woods are willing to try to raise all of the funds necessary to match a Department of Natural Resources grant for acquisition of the property and report back to the Council at the January 6th meeting. Option#3 Move to: Take no action at this time. Synopsis At the October 21 meeting the City Council requested staff to prepare a report identifying methods of acquiring and financing the expansion of Birch Island Woods Conservation Area with a 4.04 acre privately owned parcel on the north side of Birch Island Road. The following information summarizes the options available to the Council, If the Council intends to take any action to acquire the property the first step required is to obtain an appraisal. Methods of Acquisition and Financing As this parcel is owned by a number of family members with different needs and expectations it will be difficult to purchase this parcel through any other process other than an outright acquisition, There are several options for financing the acquisition of this parcel. City staff anticipates the appraised value for this property would result in a value somewhere between $600,000 and $800,000, depending on the number of units the City Council would ultimately approve on that site. I56 Options for Acquisition of Birch Island Woods December 16, 2003 Page 2 There are several methods the City could consider to finance the property: 1, Purchase the property from park dedication fees or from general fund reserve. In order to purchase property from park dedication fees the City would have to eliminate many other projects within the five year OP as funds for this parcel are not included in the C]P, 2. The City Council could include a question on a referendum for early next year to include the total amount of money for acquisition of the parcel as a separate question in a referendum, or as a part of a larger park improvement question. 3. The City Council could direct staff to apply for a Natural and Scenic Area Grant, which is a 50% matching grant, and challenge the supporters of acquiring this property to provide 25% of the cost with the City providing 25% out of park dedication fees or general fund reserve, provided the City is successful in being awarded the grant. Timing Prior to making an offer on a property for either an option or a purchase agreement, the City will have to have an appraisal completed.Estimated cost for the appraisal is $1,000 to $1,200. The City would require an appraisal completed prior to submitting for a grant application. The first phase deadline for a Natural and Scenic Area Grant is January 31, 2004. The final application deadline for a Natural and Scenic Area Grant is March 31, 2004. The grant application would require the City to indicate the source of funds for the City's half of the cost of the acquisition. In order to guarantee acquisition of the parcel for either the grant or for a referendum staff would recommend obtaining an option from the property owners. The offer for the option should be based on the appraised value. The option, if secured in January prior to the grant application deadline, would have to run through August in order to still be in place when the grants are awarded. If the Council wishes to apply for a grant or consider this item for a referendum the Council will need to authorize staff to obtain an appraisal no later than December 16,2003. Additional Considerations If the City acquires the property the City would also have to be prepared to pay for the City's share of assessments for road improvements as well as water and sewer assessments. These costs would be above and beyond the acquisition costs. The City has made a significant commitment in the purchase of the 31 acres for $600,000 using park dedication fees. The second payment of$100,000 plus $17,000 interest was made last week. The final four acres could cost more than that amount. RAL/bju / 5 /