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City Council - 02/03/2004
AGENDA • EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, FEBRUARY 3,2004 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, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Communications Manager Jack Sheehan, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. UPDATE ON HENNEPIN COUNTY —COMMISSIONER LINDA KOBLICK IV. CEMETERY MANAGEMENT ISSUES • V. OTHER TOPICS Council Chamber VI. OPEN FORUM VII. OPEN PODIUM VIII. ADJOURNMENT MEMORANDUM To: Mayor and City Council Through: Robert A.Lambert,Director of Parks and Recreation From: Stuart A.Fox, Manager of Parks and Recreation 'Eden Prairie Date: February 3, 2004 Subj ect: Discussion regarding Marker Sizes at Pleasant Hill Cemetery Recommendation Staffwould recommend that the City Council consider the following options to modify the Rules and Regulations for Pleasant Hill Cemetery. Recommendation #1: Consider increasing the length of monument markers by six inches for both single and double markers. (Single markers 12"x30" and double markers 12"x36"). Recommendation#2: Keep the single grave marker size as currently specified as a 12"x24" and increase the double marker size to 12"x40". Synopsis City staff has received a request from Ralph Gracza regarding a larger monument at Pleasant Hill Cemetery.Mr. Gracza is requesting an 18"x34"monument and his request letter is attached.Under the current rules and regulations for Pleasant Hill Cemetery, monument markers are restricted to 12"x24"for a single grave or 12"x30"for a double marker.In the past few years two requests have been made to increase the size of a grave marker at Pleasant Hill Cemetery, both of these requests were for markers of 42"in size and under the Rules and Regulations these changes were approved by City Council action. Staff has included the memorandum that went to the City Council in March 2002 regarding the most recent request for a larger grave marker by Mr. Richard Biniek. Background At the March 2002 a motion was made to approve the larger grave marker with some conditions. (Minutes are attached.)The motion stated that a larger marker would be allowed provided that a fee was paid to the City equal to the cost of the marker and its installation which would be placed Discussion regarding Marker Sizes at Pleasant Hill Cemetery February 3, 2004 Page 2 in escrow to fund any damage replacement or repair that should occur to this larger marker. Mr. Biniek did put money into escrow and has since purchased the larger marker for his wife's grave site. Additional discussion stated that the City Council should revisit the grave marker size limits at a workshop. Other Public Cemeteries Staff would like to provide couple of pieces of additional information that will help this discussion. Staff surveyed other communities that have public cemeteries as well as talking with Mike Rogers at the Eden Prairie Cemetery. The following is the information regarding marker sizes at these other facilities. • Bloomington Public Cemetery—maximum marker size is 12"x36", flush markers only. • Champlin Public Cemetery—maximum marker size of 12"x24" with markers being flush to the ground. • Eden Prairie Cemetery— 12"x24" for single markers and 12"x40" for a double marker— double marker must be centered between two grave lots. • Plymouth Public Cemetery—maximum marker size is 12"x30" for either single or double graves In discussing the issue of monument markers with the administrators at these other public cemeteries several had indicated that requests had been made to increase the size; however,their City Council had advised staff to keep the rules and regulations as written since those rules and regulations were provided to the purchasers of the graves. Current Marker Size at Pleasant Hill Cemetery The last time that this issue was brought up before the City Council, City staff surveyed the monument sizes in the new section of the cemetery which has been under the current monument marker regulations since 1980.The City was given title to Pleasant Hill Cemetery in 1986.Currently there are seventy markers in the new section; three markers which are undersized; nine markers which are 36" in length; two that are 42" in length; and the remainder are all the correct size according to either the single or double marker size limitations, as listed in the Rules and Regulations. Attachments: Letter from Mr. Gracza March 7, 2002 City Council Memo March 7, 2002 City Council Minutes G:\Brenda\Letter&Memos\Stuart 2004\Memo\Discussion regarding Marker Sizes at Pleasant Hill Cemetery Memo.doc ri cunt-Q - .(1 ? Eden Prairie City Council 6-Se-1 tiaiDrif 5-/ 104, 8080 Mitchell Road OVVA Eden Prairie, MN 55344 November 12, 2003 Attention: Stuart A Fox Manager of Parks &Natural Resources Subject: Size of headstones As suggested by you in our conversation on November 7 in the City Hall, I am petitioning the Council to change the present 24"x 12" size limitation in the Charter of the Eden Prairie Cemetery, that was inherited by the city some 16 years ago. Specifically; in the middle of the 42"vault-lot a marble plate not larger than • 18"x 34" is petitioned suitable for the inscription below: • 1928 —2002 Margaret Ann Young Gracza Daughter, wife, mother, teacher; artist, writer enriched our life Psalms: 38:21 And I will dwell in the House of the Lord forever Sincerely yours • Ralph Gracza 15151 Victor Lane Minnetonka, 55345 952-934-9622 graczar@minn.net wwwl.minn.netI—graczar CITY COUNCIL MINUTES March 7,2002 Page 11 X. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FOR 42-INCH WIDE GRAVE MARKER AT PLEASANT HILLS CEMETERY Jullie said the City owns and operates the Pleasant Hills cemetery. The rules and regulations regarding the operation of the cemetery include several restrictions on the markers. Richard Biniek reviewed his request to put a 42-inch wide marker at his wife's gravesite. Case asked if the material for the markers is an issue. Stu Fox replied we do not stipulate whether the markers should be granite or bronze. Our concern is that the larger the marker, the more potential there is for damage. He said all markers are put into a concrete apron. Butcher was concerned about uniformity. Fox said this grave site is in Section 3, and that section has 64 markers, nine of which are 36" and two of which are 42." Tyra-Lukens asked if the Council gave the larger ones variances at the time. Fox said the 36"markers have been placed after the date that the City was given the deed to the cemetery. Since the monument company sets the markers, we don't see them until we get into some situation like this. Fox said none of the markers over 30"were approved by the City except for the Hodge marker. Luse said he feels strongly that our ordinances are very important. We have some precedent in these issues, and he thought it was unfair to staff to have to put all this information together where we would be making a decision based on a previous Council's decision or that of a prior organization. He thought we need to deal with this based on respect for the fact that it is a cemetery. Case asked if the funding for care is enough to cover damage to head stones. Lambert said it is funded enough to cover the cost of digging the grave,burying it, and maintaining it. We do not have funds to replace gravestones. He said other cemeteries have similar rules. If we want to allow the exception for a larger gravestone and there is a danger of it being damaged,he thought we would want to provide an option to increase the funding. He said staff recommends that the Council go with the 36"marker as a new maximum, and make that the rule so that we don't have to come in every six months or so to deal with similar requests. Case agreed we are making policy for the cemetery by the seat of our pants year by year, and he understood the need to be more consistent. He wanted to know what is the history of damage to 36" and 42"markers. He thought the more consistent we become the better, so he would be comfortable with a consistent 36"policy. Butcher thought we might want to have a lengthy discussion about this at a workshop meeting instead of making a decision tonight. CITY COUNCIL MINUTES March 7,2002 Page 12 Luse thought we ought to have such a meeting,but he thought we have allowed a number of 36"markers and have allowed some 42"markers to go in. He thought we have quite a lot of precedence in this situation. Luse asked Biniek if he would be comfortable with funding the extra expense for damage. Biniek said it was $1700 for the marker, and he would be willing to fund that. Mosman noted the only time we allowed the exception was for the one 42" marker. Luse thought we have set precedents by not doing something about the 36"markers that were placed after we took over the operation of the cemetery. MOTION: Luse moved, seconded by Case, to approve the request to install a 42 inch marker by Richard Biniek as an exception and based on a revision to the Cemetery Rules and Regulations fee structure that will allow the installation of a 42 inch marker (maximum) provided that a fee is paid to the City equal to the cost of the marker and its installation and which will be placed in escrow to fund any future damage to the marker. Case said there are aspects of this that he is comfortable with, but the $1700 in escrow didn't make him comfortable because there are other instances where the marker could break. There is a potential for ongoing breakage. He agreed with Butcher that we need to tighten this so that the "cemetery board" does not have to convene as often. Butcher said she wanted to state that we made the exception last time because of the three names on the stone. She thought we need to go back and review that when we have a workshop. Tyra-Lukens asked Biniek the reason for his request for a variance. Biniek said he wants a memorial for his wife. Luse asked if we meant to include installation costs. Fox said staff recommends the cost of the marker and installation because we currently do not set markers out there. VOTE ON THE MOTION: Motion carried 5-0. Tyra-Lukens directed staff to set a workshop to finalize this issue. Case asked staff to bring data about Eden Prairie Cemetery and other cemeteries in our price range. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. BOARDS AND COMMISSIONS • CITY COUNCIL AGENDA DATE: March 7, 2002. SECTION: Petitions and Requests_ SERVICE AREA/DIVISION: ITEM DESCRIPTION: Request for a 42 Inch ITEM NO: Parks and Recreation Wide Grave Marker at Pleasant Hill Cemetery by Through:1Bob Lambert Director Richard Biniek Parks and Recreation Services From: Stuart A. Fox, Manager Parks and Natural Resourcesq Requested Action Motion: Move to deny the request by Richard Biniek to place a 42 inch wide marker at Pleasant Hill Cemetery based on the current cemetery rules and regulations, but to grant a 36 inch marker for a double grave site; OR Motion: Move to approve the request to install a 42 inch marker by Richard Biniek as an exception and based on a revision to the Cemetery Rules and Regulations fee structure that will allow the installation of a 42 inch marker (maximum) provided that a fee is paid to the City equal to the'cost of the marker and its installation; OR Motion: Move to approve the request of a 42 inch marker as an exception for this specific instance based on the information submitted to the City Council by Richard Biniek. Synopsis City staff has received a request from Richard Biniek to place a 42 inch wide grave marker at Pleasant Hill Cemetery. Staff has spoken with Mr. Biniek several times and he is bringing this request to the City Council for consideration. Attached is a copy of the letter submitted to City staff by Mr. Biniek. Under the Rules and Regulations for Pleasant Hill Cemetery, monument markers are restricted to 12 inch by 24 inch for a single marker or 12 inch by 30 inch for a double marker. In the rules and regulations there is a condition under the General Provisions (13.4), which allows for modification of the rules and regulations when the City deems such action appears to be necessary. Any action taken contrary to the rules and regulations is deemed a temporary exception and should not be construed as affecting the general application of such rules and regulations. City Council Agenda 3/7/2002 Request for 42 Inch Gave Marker at Pleasant Hill Cemetery by Richard Biniek Page 2 Options The City Council reviewed a similar request from Mrs. Dolores Hodge in May of 2001. After meeting with Mrs. Hodge, the Council chose to grant her request for a 42 inch grave marker containing three names at the cemetery. Staff has enclosed a copy of the City Council minutes for May 15, 2001. The staff is proposing an option that would allow for the installation of a 42 inch marker provided that the cost of replacing it, in the future, is covered. Currently, the cost to purchase and install this size marker is estimated to be between$750 and $1,500. The price is determined by the type of granite and the amount of engraving detail. The rationale for this option is to provide the financial resources to replace a damaged over sized • marker without additional expense to the cemetery budget. The actual amount of money charged for the installation of a 42 inch marker would be based on an original invoice from the monument company. Background When the City of Eden Prairie was approached by the Pleasant Hill Cemetery Association in 1986 to take over operation of the Pleasant Hill Cemetery, it was done so after a full review by the Council and City Attomey's office. Pleasant Hill Cemetery had been operated as a public cemetery for approximately 102 years under the laws of the State of Minnesota and was governed by State laws in terms of operation and management. When the Cemetery Association Board met with City staff they voiced concern that they were no longer able to manage the cemetery and desired to have this public cemetery be operated by the City of Eden Prairie. Following a full review of the proposed transfer of ownership, the staff was requested to put together rules and regulations governing the operation of the cemetery. City staff utilized information from the Pleasant Hill Cemetery Board Members, The Minnesota Association of Cemetery Officials, the cities of Anoka, Bloomington, Champlin, and Plymouth. In addition, the City contacted several public cemeteries in Prior Lake, St. Anthony, and Chanhassen. The staff also utilized information from the International City Management Association(ICMA) regarding operation and maintenance of public cemeteries. Based on all the information that was gathered, the City staff in conjunction with the City Attorney's Office put together rules and regulations that are attached to this memo. From the staff's research, it was apparent that consistency of rules were necessary to successfully operate a public cemetery. At the time that the City accepted the operation responsibilities for the cemetery from the Pleasant Hill Cemetery Association, they had already put in place several rules and regulations regarding the operation of the cemetery. These rules included restrictions to flush markers, as well as regulations regarding the number of bodies that could be interred in the grave, as well as the conditions and cost related to sale of cemetery lots. The staff took this information and incorporated it into the current rules and regulations. The information regarding size of markers is found in Section 8 of the attached rules and regulations. A copy of the rules and regulations were distributed to area funeral homes at the time of transfer of ownership to the City of Eden Prairie. Individuals purchasing a grave are given a copy of the rules and regulations at the time of lot purchase. When star meets with perspective buyers, we City Council Agenda 3/7/2002 Request for 42 Inch Gave Marker at Pleasant Hill Cemetery by Richard Biniek Page 3 do answer a number of questions regarding not only cost, but also operation of the cemetery, markers, flowers, and miscellaneous questions that interested individuals may ask. The staff has been consistently relating the following: • Information that was given to the City at the time of transfer was that the size of grave markers was to be 12 inch by 24 inch for a single, and 12 inch by 30 inch for a double flat marker. • Marker size information that has been given both verbally and in written form to individuals since 1987 has been consistent. ■ Maintenance of the cemetery is the responsibility of the City and should a marker be damaged during the process of digging a grave, it would be the City's responsibility to bear the cost of replacing that monument. This final point is one that did raise questions regarding the responsibility for markers not in compliance with the current rules and regulations. In the rules and regulations it states that the City is not responsible for repair or replacement of any damaged monuments in the cemetery. However, staff feels that it would not be prudent to walk away from the responsibility to replace a marker that may have been damaged or broken during the process of interring a body. This is of particular concern during winter months when the ground is frozen. During this period of time, a heater or frost ripping tooth is used to assist with digging in frozen ground. The larger the monument stone, the more difficult it becomes to work around that grave marker without risking damage. If the monument is damaged during the digging process it would be difficult to • just walk away from responsibility to repair/replace the marker. Staff realizes that the death of a loved one is a very emotional time in dealing with matters such as the selection of grave and placement of markers. A marker does become a very difficult decision for individuals. However, the staff feels that based on the information we have been using in the operation of the cemetery for the past 16 years, as well as the prior Cemetery Association should provide guidance for determining what is permitted in this matter. To change the marker size at this time could lead to confusion by other individuals who were told they needed to purchase a specific size marker and discovered that larger markers are becoming more and more common. The obvious alternative to this is to amend the rules and regulations for the cemetery to allow larger size markers. Attachments: Council Minutes from May 15, 2001 City of Eden Prairie Pleasant Hill Cemetery Rules and Regulations City Code Section 2.29 Layout Information for Pleasant Hill Cemetery Richard Biniek Letter SAF:mdd . 11 —.• • •-• • 070-9 • • ) • • iII . . . • il am - • : &.. : �-- : . - , 1. • • • • • •-• •• I• • � .. = i , . • ‘ , . • s. • z • • I _ �. V -.:..... . II f✓[J.r . • I' : • • f. . . _ • . 0644„:„.-- . : • -- • • • • • it.' —v• . • .•.. . • • I I •: . • Zees-- • .a • LEL ;, • II{i . I .,..;. 8,- -- 3 Z., 1/ - . . 3G • .. -- G �t 3 L ; -- --3d ` 1'4 • • - - Tyr _ � - - - - _- 1 { 1i11- CITY COUNCIL MINUTES May 15,2001 Page 9 with regard to selecting the housing. Ms. Bedor said no; they will meet with the City to find cut where development areas and will take suggestions from the City. Case said on paper, in reality this seems like a good way to provide affordable housing and he supported this program. He asked if the Metro Council had established a track record yet. Ms. Bedor said this is the first public housing the. Metro Council has developed so far. However, the Metro Council has built the largest number of Section 8 housing in the state. Their commitment is very strong because it is a huge issue in the region. Tyra-Lukens said she is a member of the Family Housing Plan. With regard to • Section 8, units are taken away when the house sells at the market value, so this program is exciting because the Metro Council has control over this. The only question is the title of the program, which is Special Projects. That name might indicate the Metro Council is not committed for the long term. Is this a program. that will be evaluated in five years or is there a long-term commitment to ownership by Metro Council. Ms. Bedor said they have an executed 40-year contract with HUD. The Metro Council will be eligible for ongoing capital grants. The Council can assume this is a long-term program. MOTION: Mosman moved, seconded by Butcher, to provide general support for allowing the Metropolitan Council to acquire and operate up to 20 residential properties in conjunction with their Family Affordable Housing Program(FAHP); and adopt Resolution No. 2001-88 approving the Cooperation Agreement. Motion carried 5-0. B. REQUEST FOR 42" GRAVE MARKER AT PLEASANT HILL CEMETERY BY DELORES HODGE Enger said this matter was considered on April 17 by the City Council. However, at the request of Delores Hodge made at the Council Forum on May 1, the Council indicated they would be willing to have further discussion on this. Delores Hodge, 16463 Ellerdale Lane, said she was asked to come and address the problems that were brought up at the April 17 meeting. One objection made by the Council was that the City would be responsible for replacing a marker if it were damaged. However, in looking at the Rules and Regulations governing Pleasant Hill Cemetery, they clearly state the City is not responsible. Section 9.2 states "General care of the cemetery assumed by the City shall not include the maintenance,repair, or replacement of any grave marker. . ." With regard to damage being done in the event another grave has to be dug next to the marker, the lot to the right of hers already has a marker on it, and all of the graves beyond those markers are already in place, so there wouldn't be a question of damaging any markers. She asked for a 42-inch marker because she wants the three names on one marker. Putting a 42-inch marker over the double grave CITY COUNCIL MINUTES May 15,2001 Page 10 leaves more space on either side of each grave than would be left if she put in a 30-inch marker and a 24-inch marker separately. The rules state that, in case of hardship, exceptions to the rules can be made without in any way changing the rules. • Mayor Harris asked if this 42-inch marker would span two graves. Mrs. Hodge said it would, with three names on it. She wanted her twin daughters to be buried next to each other, with the marker above their graves. She planned to be cremated and place the urn in the same grave with one of the twins. Stuart Fox said there were several issues raised at the Council Forum. The first issue is that maintenance and operation of the cemetery is overseen by the Council. Once the rules are changed, they must be changed by resolution. The second issue is in terms of how the markers are set on the graves. If there is a marker covering two graves, it must be removed at the time of digging. Staff's concern is that the marker could be damaged, especially during the winter period, and the City would feel it should be replaced by the City if the City damages it. Mosman noted at the Council Forum, the size of the marker for a double grave is 12x30 inches, not 36 inches as mentioned at the April 17 Council meeting, so requesting a 42-inch marker is a 12-inch exception to the rule. If this marker is placed in the middle of two sites at this time, then when the next grave is dug, the marker will have to be removed no matter what time of year it is. The option staff had considered was to have a small marker at this time and then the 42-inch marker when the second burial plot is used. Fox replied staff gave three options: (1) The 42-inch marker to be placed across two graves and limit burial in the second grave to cremation burials so marker would not have to be moved. (2) Allow second full burial to occur and place the 42-inch marker after the second full burial, so chances of marker being damaged would be minimized. (3) Approve special unique circumstances in this case, and a waiver be signed stating that the City would not be responsible for repair if the marker is damaged. Mrs. Hodge said she would sign a waiver or set up a contingency fund in her Will in order to get permission to place the marker. Tyra-Lukens said she would prefer to handle this as an exception with the signed waiver, and for the record, have the unique circumstances of the situation spelled out rather than passing a resolution to change the rules. Mrs. Hodge said even though the rules state that the City is not responsible, staff says if the City damages a marker the City would have to fix it, but that is not in the rules. When she signs the waiver, the City is freed from the responsibility. She found only one marker in the old part of the cemetery where the edge of a marker was chipped, so the possibility of her marker being damaged is low. Mayor Harris asked what is on the grave now. Mrs. Hodge said nothing is there except an alloy marker in the ground, which was placed there one year ago tomorrow and it was upsetting to her that the grave does not have a marker. CITY COUNCIL MINUTES May 15,2001 Page 11 Mayor Harris said she agreed with Tyra-Lukens that this should be made an exception to the policy. Case said he would make this an exception to the rules at this time and base it upon whatever contingencies staff wants to have; however, if the City continues to get requests, the Council needs to get more involved. Butcher said she concurred with that. This is a unique- situation and Council should choose the exception option. Mrs. Hodge said mention was made at the Forum about a perpetual fund. She understood the perpetual care fund is just for the maintenance of the cemetery grounds, so there was no reason to have any other provision for replacing the markers. However, if the waiver is necessary, she would give the City a handwritten one. Mayor Harris asked staff what provision would cover this because they are making an exception, and also how best to frame the language permitting a 42- inch marker. Enger suggested that the unique circumstances in this case would be to allow use of a 42-inch grave marker for three or four interments. The purpose of the larger marker is to depict three names. Rosow said if the Council wanted an additional reason to grant an exception, Mrs. Hodge wanted a joint marker because of the twin daughters. Regarding the waiver, it would be prepared after the meeting for her signature. Fox said the record of this meeting would go into the file after the motion is made. If the motion were made contingent on three or four burials, there would not be any questions in the future as to what the direction was. MOTION: Case moved, seconded by Tyra-Lukens, to rescind the action to deny Mrs. Hodge's request made at the April 17, 2001 Council; and approve the request as an exception for this specific instance based on the information submitted to the City Council by Dolores Hodge which they have discussed this evening, including a waiver releasing the City from responsibility. Motion carried 5-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Chemical Spraying by Lawn Services—Councilmember Tyra-Lukens 3 20 13 - 3 12 5 4E. • 9' 4' 9' 9' E 4' 9 • 9' Pleasant Hill Cemetery This is the layout information for the cemetery. It shows the dimensions for graves and placement of the grave marker. The markers are located on the z graves leaving a four-foot walking aisle. When a marker spans two graves it must be moved during the internment process. • O 91 • w . � Q 2 • • F. The Commission shall make no application to the National Register of Historic Places or to*the State of Minnesota for the designation of a historic site or district without the consent of the Council. Subd.3.Membership.The Commission-shall consist of seven(7)members appointed by the Council.Members shall have a demonstrated interest and/or expertise in historic preservation;be residents of the City;and,if available,at least two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology,planning,real estate, or law) and one (1) member shall be a representative of the county Historical Society. • Source: Ordinance No.33-99 Effective Date: 10-5-99 • TASK FORCES. See Section 2.89. SECTION 2.29. MUNICIPAL CEMETERY.• • Source: Ordinance No.7-96 Effective Date: 3-8-96 Subd. 1. Name and location. The municipal cemetery,known as the Pleasant Hill Cemetery,is situated upon land within the City limits. • Subd. 2. Minnesota Statutes,1990,Chapter 306. Except as otherwise provided for in this Code,the regulatory and procedural provisions of Minnesota Statutes, Chapter 306, (1986), with regard to public cemeteries, is hereby incorporated herein and adopted by reference in its entirety. • • Subd. 3. Maintenance and Operation. The Manager of Parks,Recreation and Natural Resources shall advise the Council on all matters pertaining to the development and maintenance of the cemetery, including operation of the cemetery, status of records,upkeep of the grounds, annual budget for operation and upkeep thereof, and use of the cemetery perpetual care fund. The Council may adopt by resolution certain written rules and regulations-pertaining to the cemetery. • Source: Ordinance No. 14-2000 Effective Date:4-18-2000 • • Subd. 4. Rules and Regulations Governing Municipal Cemetery. It shall be unlawful for any person to: A. Drive a motor vehicle into the cemetery unless attending a funeral,visiting a relative's or friend's grave site, or carrying on maintenance work authorized by the City. • B. Drive or park any motor vehicle across or upon any grave or lot. C. Drive any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. . D. Engage in loud or boisterous talking or playing of music. . E. Bring food or refreshments into the cemetery or consume them on the grounds. • .. F. Allow dogs or other pets on the cemetery grounds with the exception of seeing-eye dogs. • G. Engage in peddling or soliciting the sale of any commodity within the cemetery grounds. H. • Place signs,notices,or advertisements of any kind within the cemetery grounds. 2-15 • CITY OF EDEN PRAIRIE • PLEASANT HILL CEMETERY RULES AND REGULATIONS 1. Interments 1.1 Lot Owners are only granted the right of interment in their lots. The City of Eden Prairie reserves the right to refuse to permit interment of anyone who is not a relative of the owner, by blood or marriage. Written, notarized permission of the lot must accompany all requests for permits to bury persons not members.of the immediate family of the lot owner. 1.2 No interment shall be made in the cemetery except upon at least 24 hours notice prior to the time set for the funeral service. 1.3 No casket shall be interred within the cemetery grounds unless first properly enclosed in.a concrete vault or box. Ashes must be placed in an urn prior to burial. 1.4 Prior to interment, in the event that an owner of a lot or funeral director fails or . neglects to inform the City of the specific location of where the burial is to take place, the City of Eden Prairie reserves the right to designate the location of said interment. In the event that an owner of a lot or a funeral director fails or neglects to inform the City of specific dimensions of the vault to be used in said interment, the City shall assume the dimensions to be that of a normal, average vault, and shall act thereon without assuming any liability in the event that the • actual dimensions are different. Information as to the specific location of the • intended interment and the, specific dimensions of the vault used therein shall be given to the City in writing. Any mistakes or errors made in the location of interment or size of grave occurring as a result of receiving oral information, or incomplete or incomprehensible written information, shall not result-in any liability on behalf of the City. 1.5 The owner of the lot and/or funeral director shall be responsible for procuring the interment permit and shall be responsible for properly identifying the body to be interred before it is placed in the vault. In the event any mistakes or errors are made as to the information in the interment permit or as to the identification of the body, the City shall not be held liable. • 1.6 No interment of two or more bodies shall be made on one_grave except in the following cases: (1) A parent and child may be buried in one casket.- (2) Two infants.may be buried in one casket (3) Two urns of ashes may be buried on one grave. (4) One body in a casket and one urn of ashes may be buried in one grave. 1 1.7 No interments may be made in the cemetery unless all the ordinances,.rules, and regulations regarding interments have been complied with and until the purchase price of said lot and all burial fees are paid, or arrangements have been made with the City to pay for such costs. 1.8 No interment or removal shall be permitted on any Sunday or any legal holiday, except in the case of death attributed to a contagious disease. 1.9 The cost of interments, including the burial of ashes, shall be determined by the City, and is subject to change. A current fee schedule may be obtained at the City offices. 2. Delay of Interment 2.1 The City of Eden Prairie will not be liable for'any delay in the interment of a body when a protest to the interment has been made or where failure to comply with rules and regulations result in delay of interment. 3. Disinterments 3.1 Before any grave may be opened for any purpose, written permission of the next- of-kin of the body to be disintered shall be filed with the City, along with written permission of the lot owner, unless said lot owner is predeceased. Notice of disinterment must be given to the City at least one (1) month prior to the scheduled event. This provision does not apply when disinterment is ordered by a duly authorized public authority. • 3.2. The costs of disinterments shall be determined by the City, and shall be the same as the current cost of interments. 4. Conditions of Lot Purchases 4.1 All lots will be sold subject to these rules and regulations and any amendments or adoption thereto. The purchaser shall expressly agree, in the deed conveying the lot, that their rights are subject to such reasonable rules and regulations as the • City Council may adopt. The deed, as well as these rules and regulations and any amendments thereto shall constitute the complete sale agreement between the cemetery and the lot owners. 4.2 No lot shall be used for any purpose other than the burial of human remains and the placement of appropriate memorials, pursuant to the rules and regulations of . the cemetery. 4.3 - No easement or right of interment is granted to any lot owner in any road, drive, alley, or walkway within the Pleasant Hill Cemetery, but such road, drive, alley or walkway may be used as a means of access to the owner's cemetery lot or lots. 2 • 4.4 In the event any errors are made by the City or agent thereof in making interments, disinterments, or removal, or in the description, transfer or conveyance of any interment property, the City shall have the right to correct such error by: (a) canceling such conveyance and substituting and conveying in lieu thereof another interment property of equal value in a location to be determined by the City, or (b) refunding the amount of money paid on account of said purchase. 5. Purchase of Lots 5.1 All fees, costs, or charges shall be set by the City and are payable to the City of Eden Prairie at the City offices located at 8080 Mitchell Road, Eden Prairie, Minnesota. • 5.2 Upon full payment of the purchase price of. the lot or lots, the City of Eden Prairie will issue a cemetery Deed conveying the lot, executed by the.City, and the Deed shall be recorded in the records of the City. Description of the lots will • be in accordance with the cemetery plats, which are kept at the City offices. • 6. Transfer of Lots • 6.1 . In order to transfer a cemetery lot to another, the owner must complete a Transfer of Ownership document provided by the City', and have the same signed by a witness and notarized by a Notary Public. The Transfer of Ownership document must be reviewed and approved by the City prior to the transfer of a lot by the owner. The owner of a lot may transfer said lot to: • (1) The City of Eden Prairie at the original sale price, or if the original price is unknown, the resale price shall be the current sale • price for a similar lot; • (2) any surviving .relative by will for the use and benefit of the person designated in the will; • (3) any person who is a resident of the City of Eden Prairie; or (4) any other person approved by•the City of Eden Prairie upon • application by the owner of the lot. When a transfer has been made in conformance with these rules, the City will issue a deed to the new owner upon surrender, of the prior deed belonging to the previous owner. The surrendered deed will then be canceled and retained by the City. 3 6.2 No lot or grave will be permitted to be re-sold, disposed of, or otherwise used until the purchase price, and all unpaid fees, costs or charges have been paid in • full. 6.3 No cemetery lot or grave may be re-sold or otherwise disposed of without prior - approval of the City. 6.4 Lot owners may not allow interments to be made on their lots for remuneration unless the transfer of lot process has been completed and approved by the City. 7. Descent of Lots • • 7.1 On the death of a lot owner, such lot shall be granted and conveyed by the City • to any of the deceased's parents, descendants or siblings, pursuant to the • Minnesota Intestate Succession Laws, Minn. Stat. §525.14, who are qualified to be buried therein, unless provided for by will. The City may request such evidence as it may deem necessary to prove that the lots in question are received by the person who would be entitled to receive them. . 8. Markers Every grave marker must be placed in the space reserved therefor as shown upon the plat of such lot, or as directed by the City. 8.2 No monuments will be allowed in the cemetery; only flat grave markers of sizes specified by the City will be allowed therein. Marker size shall be limited to. 12"x24"x4" for a single, flat maker and 12"x30"x4" for a double, flat marker, unless otherwise approved by the City. 8.3 No marker, nor any part thereof, may be constructed of limestone, sandstone; or any artificial material. • 8.4 No foundation will be required for markers, which shall be set level with the ground. All markers will be set by City of Eden Prairie personnel or by private contractors who must contact the City to receive adequate instruction related to • proper placement. 8.5 Four-inch wide white, cement skirts around markers will be allowed in the cemetery. It will be the responsibility of the owner to have the marker set, however in the event it is set in the white cement, the City'shall supervise the • work. Any contractors and others involved in such activity must notify the City before commencing any work thereon. 8.6 No marker may be placed in the cemetery until payment of the entire marker setting fee have been made to the City of Eden Prairie. 4 9. Permanent Care 9.1 The general care of the cemetery is assumed by the City and includes the . - following: (1) cutting of grass at reasonable intervals; - (2) raking and cleaning the grounds; (3) pruning of shrubs and trees; and (4) maintaining the general preservation of the lots and grounds, walks, roadways, boundaries, and structures. The general care of the cemetery may be awarded by contract to private firms by the City, if desired: 9.2 General care of the cemetery assumed by the City shall not include the maintenance, repair, or replacement of any grave marker or memorial placed or erected upon lots, not shall it include any- special or unusual work in the cemetery. 10. Landscaping Improvements and Decorative Foliage 10.1 Plants and flowers may be placed in pots on stands at grave sites. The City or any of its employees will not be responsible for the damage or destruction to any flowerpot or vase placed directly on the ground. Flowers placed directly on the grave will be removed prior to routine cutting of the grass. 10.2 No trees, shrubs, or vines maybe planted, nor may any fences be erected by any private party on the cemetery grounds. The City reserves the right to remove any tree, shrub, vine, plant, or flower which may become unsightly, dangerous, diseased, or not in keeping with the landscape design of the cemetery. 10.3 Pots and stands should be removed by November 1st of each year and can be replaced at the appropriate grave site beginning May 20th of each year. If pots and stands are left year-round, the City shall not be responsible for the damage, destruction, or loss thereof. 10.4 All landscaping, grading and seeding shall be done by the City of Eden Prairie and its designated employees or contractors. All graves will be seeded and kept flush with the adjacent ground. 10.5 The City will make water available to lot owners for care of flowers,and plants in pots and stands from May 20th to October 20th of each year, depending on the weather and/or general availability of water. 11. Cemetery Management 11.1 The responsibility for the management of the Pleasant Hill Cemetery and all • matters related thereto shall be vested in the City. 5 11.2 The Eden Prairie Parks, Recreation and Natural Resources Department shall be responsible for the care and maintenance of the cemetery. 12. Hours 12.1 The cemetery will be open daily to visitors during the-hours of 7:00 a.m. to sunset. Permission to enter at all other times shall be secured from the City. The city reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery's facilities, at any time, to any person or person whom the City *may deem objectionable in consideration of the best interest of the cemetery. 13. General Provisions 13.1 Persons within the cemetery shall use only the paths and walkways, and no one is permitted to walk upon or across lots or graves unless it is necessary to do so to gain access to one's own lot. The City expressly disclaims any liability for any injuries sustained by anyone violating this rule. 13.2 Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any memorial and from breaking or injuring any tree, shrub, plant or other structure within the cemetery grounds. 13.3 The following acts in addition to any other applicable violations of City ordinances and regulations, are expressly prohibited: . (1) The driving of motor vehicles into the cemetery, unless attending a funeral, visiting a relative or friend's grave site, or carrying on • maintenance work authorized by the City. (2) The driving or parking of any motor vehicle across or upon any grave or lot. (3) The.driving of any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. (4) Loud or boisterous tallying or music. (5) Bringing lunches or refreshments into the cemetery or consuming them on the grounds. (6) Dogs and other family pets are not permitted-on the cemetery grounds, with the exception of seeing eye dogs. (7) Peddling or soliciting the sale of any commodity within the cemetery grounds. • 6 • (8) Placing of signs, notices, or advertisements of any kind within the cemetery. (9) Bringing firearms into the cemetery except by military escort accompanying a veteran's funeral, attending memorial services, or by police officers. - .4 pecial cases may arise in which the literal enforcement or interpretation of a rule • may impose an unnecessary hardship. In such cases the•City reserves the right to make exceptions, suspensions, or modifications of any of these rules and regulations, when the City deems that such action appears to be necessary. Such a temporary exception, suspension, or modification shall.in no way be construed as affecting the general application of such Rules and Regulations. 13.5 The City of Eden Prairie reserves the right to remove all monuments, markers, flowers, plants, trees, decorations or other similar objects whenever they become unsafe or unsightly without incurring any liability to any party. 13.6 Specific costs for lots, interments, disinterments, burial of ashes and setting markers are not included in these Rules and Regulations since these are set by resolution of the City Council. A current schedule of fees can be obtained at the City offices. 13.7 The City of Eden Prairie reserves the right to amend these Rules and Regulations whenever it is determined that it is in the best interest of the cemetery to do so. The City is not required to give notice of such intended action to any person. • • cemetery/Stu60 December 28, 1994 7 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 3,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councihnembers 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. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 20,2004 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 20,2004 (p. 5) VI. CONSENT CALENDAR A. APPROVE 2ND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL RESTRUCTURING (p. 16) B. ADOPT RESOLUTION AMENDING FEE RESOLUTION 2003-172, RELATING TO OAK POINT POOL RENTAL (p. 19) C. ADOPT RESOLUTION AUTHORIZING THE CITY ENGINEER AND CITY ATTORNEY TO PURSUE ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF ANDERSON LAKES PARKWAY TRAIL IMPROVEMENTS,I.C.01-5525 (p. 22) D. ADOPT RESOLUTION ADJUSTING THE 2003 BUDGET(p. 25) E. APPROVE LAW ENFORCEMENT MUTUAL AID PACT BETWEEN THE CITY OF EDEN PRAIRIE AND SCOTT COUNTY SHERIFF'S OFFICE (p. 28) CITY COUNCIL AGENDA February 3,2004 Page 2 F. APPROVE THREE-YEAR MAINTENANCE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF AUTOMATION AND CONTROL SYSTEMS FOR THE WATER UTILITY (p. 38) VII. PUBLIC HEARINGS /MEETINGS A. HENNEPIN VILLAGE SITE C AND D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres,Planned Unit Development District Review on 11.99 acres,Zoning District Change from R1- 9.5 to RM 6.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review, Zoning District Change) (p. 40) B. VIKING COLLECTIONS PARKING by Kloeckner Limited Partnership. Request for: Planned Unit Development Concept Amendment on 4.42 acres,Planned Unit Development District Review with waivers on 4.42 acres, Zoning District Amendment in the Office Zoning District on 4.42 acres, and Site Plan Review on 4.42 acres. Location: 7500 and 7544 Market Place Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) (p. 42) C. VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE BIG D. VACATION OF DRAINAGE AND UTILITY EASEMENT IN BELL OAKS ESTATE 81H ADDITION, VACATION 04-02 (Resolution) (p. 58) VIII. PAYMENT OF CLAIMS (p. 62) IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA February 3,2004 Page 3 E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT A UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP /FORUM TUESDAY,JANUARY 20,2004 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, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Parks and Natural Resources Manager Stu Fox, Recreation Services Manager Laurie Obiazor, Communications Manager Jack Sheehan, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION OF PARK REFERENDUM Parks and Recreation Director Bob Lambert presented information requested by Council at the December 16, 2003, referendum workshop. Lambert reviewed recommendations made by the Youth Facility Task Force,the Community Center Study Task Force, the Pool Study Task Force, and the Third Rink Task Force, as well as citizen input from Friends of Birch Island Woods and the Baseball Association. He outlined findings of the 1992 and 1995 surveys, the 2000 focus groups, and 2001 survey. Lambert said in 1992,the majority of residents polled opposed construction of a new pool, but by 2001, an outdoor pool was the highest ranked facility need. By 2003, 51 percent of respondents indicated they supported a water park. Both the 2000 forum and 2003 survey showed community support for upgrading the Community Center. Lambert also outlined"necessary"park and recreation improvements that must be made within the next couple of years. Those improvements include: • Replacement of the freon system at Rink One ($500,000+) • Replacement of the Community Center roof($260,000) • Replacement of deteriorating 6-foot wide trails built in the 1970s with 5- foot concrete sidewalks or 8-foot trails ($680,000) Council Workshop Minutes January 20,2004—Page 2 Lambert asked Council to consider several factors when deciding which questions to include on a referendum: No Surveys indicate gradual increase in support of an outdoor pool,with more than 50%of residents saying they would support it • Residents expect the City to maintain and make improvements to the park system • Residents expect the City to upgrade and maintain the Community Center • The majority of residents do not want to pay additional taxes to fund these improvements Lambert outlined the following potential referendum projects: • Construction of an outdoor aquatic center($6—8 million) • Community Center improvements ($7—8.5 million) • Site improvements to accommodate an aquatic center($1.3 million) In addition, Lambert said staff is recommending an additional$4 million for other improvements to the park and open space system. He said that,in conjunction with grants and matching funds from athletic associations,the following projects could be accomplished: • Expansion of Flying Cloud Fields($1.3 million from referendum) ■ Construction of Miller Park Softball Complex($300,000 from referendum, $250,000 in park dedication fees, $50,000 from athletic association) • Construction of Miller Park Baseball Stadium($500,000 from referendum, $450,000 from park dedication fees, $350,00 from athletic association) • Construction of a football/soccer storage and concession building ($300,000 from referendum, $250,000 from park dedication fees, $100,000 from athletic associations) • Addition of a third ice rink($1 million from referendum,$1 million in revenue bonds, $1 million from athletic association) ■ Land acquisition for park trails ($600,000 from referendum, $600,000 grant) Assuming the average Eden Prairie home is valued at$300,000,the tax increase resulting from a successful referendum would be approximately: $30/year on a$10 million referendum($2.50/month) $45/year on a$14 million referendum($3.75/month) $60/year on a$18 million referendum($5.00/month) $66/year on a$20 million referendum($5.50/month) B. POTENTIAL REFERENDUM QUESTIONS Lambert asked for feedback from Council on these proposals,particularly which items they would like included on a referendum and how many questions to pose. Council Workshop Minutes January 20, 2004—Page 3 Tyra-Lukens said she is aware of the philosophy that a referendum with just one question is most likely to be successful. However, she is worried that something like the third ice rink,which the 2003 survey indicated could be"referendum killer,"could cause the whole package to fail. She also said some people in the community don't believe the City should be in the fitness business, and she wonders if there really is support for Community Center improvements. Parks and Recreation Commission Vice Chair Jeff Gerst said he has never had any negative feedback from the community on the Community Center. In fact,he said it is his impression that a lot of people like to use the Community Center because it is affordable. There is some concern that if the City partners with a company like LifeTime Fitness,privatization may cause the facility to be unaffordable for many current users. Councilmember Butcher asked if there is any wisdom in separating the aquatic center question from the remainder of the proposed projects. Young said he likes the idea of two questions: one relating to construction of a water park, and the other relating to open space and Community Center improvements. Case said he likes the Aquatic Center as a separate question. He believes the community recognizes the need for many of the proposed park improvements,but they may not be willing to fund an aquatic center. Case feels the public should be made aware of precisely where referendum dollars would be spent. Lambert pointed out that Minnetonka recently approved a$16 million referendum for unspecified park improvements in a single question. He said he feels one reason the referendum passed is that each group believed they would have enough influence to see that their project gets funded. Mosman said she feels it is more open and honest to provide a breakdown of where money will be spent. Butcher said specific groups will advocate for passage of the referendum if their project is on the ballot. She said she favors the "menu approach"to referendum questions. Tyra-Lukens said she is concerned that a menu approach may make it difficult for any one item to get a majority vote. Lambert said separating the aquatic center from the other improvements could be problematic since many of the Community Center improvements must occur in order for the site to support an aquatic center. Case said he would like to see a draft of what the questions might look like with the aquatic center pulled out. Lambert said that although the 2003 survey indicated there is not strong support for a third rink, education efforts could garner enough votes to not make it a deal breaker. He said no one works harder than hockey supporters in advocating their cause. He also noted that the 2003 survey indicates that none of the issues is likely to pass without a concerted education campaign. Resident Jeff Strate noted that the Minnetonka referendum Lambert referenced passed by only a narrow margin. He said Minnetonka is very different from Eden Prairie,because it is a much older community with more pressing park improvement needs. 3 Council Workshop Minutes January 20, 2004—Page 4 Lambert said if the aquatic center includes a 50-meter competitive pool,no private firm will agree to even submit a proposal to partner with the City operate it. Mosman pointed out that many residents who originally supported an aquatic center now have older kids who are more likely to use a pool with a lap portion. Park and Recreation Commission Member Randy Jacobus agreed that a pool that supports exercise and swim team use would be desirable. However, Parks and Recreation Commission Chair Rob Barrett said when the Aquatic Center Task Force was conducting its background research,they did not hear from anyone from other cities who recommended a 50-meter lap pool. Jacobus said it is important to remember that the City is not building a pool just to make money, but to provide a service for the community. Lambert said so far the Community Center has been operated in a manner that the fees collected cover its operating costs. Parks and Recreation Board Member Jerry Brill said he feels it would be redundant to have indoor and outdoor lap pools. Lambert said that outdoor competitive swimming requires a 50-meter pool for summer competition. Several neighboring communities have decided to subsidize these facilities. He is not opposed to the 50-meter pool provided the Council realizes it will not meet its operating costs. Tyra-Lukens summarized the discussion, saying it sounds as if the Council is leaning toward a two-question referendum, and there is some support for further exploring the option of a 50-meter pool. Lambert said staff will work on drafting referendum questions options for the Council to consider at the February 17 Council Meeting. IV. OTHER TOPICS Council Chamber V. OPEN FORUM No one was scheduled to speak at Open Forum. VI. OPEN PODIUM Eden Prairie Resident Jeff Strate asked Council to be very careful when using the term "special interest group"to refer to residents with particular areas of interest, such as the third rink. Strate also said he is very concerned about the fate of the final four-acre parcel of Birch Island Woods, which is currently for sale. He asked Council to consider including purchase of the site on the referendum. He also urged Council to consider other means of retaining control of the parcel. He said he would be happy to meet individually with the Councilmembers over the next few weeks to discuss this issue. VII. ADJOURNMENT LI UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 20, 2004 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 Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Butcher was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced 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. Open Forum is reserved for scheduled participants. She asked those who wish to speak to the Council during Open Forum to please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens 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. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. PROCLAMATION DECLARING JANUARY 25,2004,AS THE OFFICIAL CHRISTINA COLLISON EDEN PRAIRIE HOMETOWN DAY IN EDEN PRAIRIE Tyra-Lukens announced that each year the University of Minnesota honors one women's basketball player with a special"Hometown Day." She said this year,Eden Prairie resident Christina Collison has been chosen to receive this honor and will be joined by City officials, family and friends at half-time of the game on Sunday, January 25,2004. Tyra-Lukens said 5 CITY COUNCIL MEETING January 20,2004 Page 2 a City of Eden Prairie proclamation declaring January 25 the official Christina Collison Eden Prairie Hometown Day will be presented to her during the ceremony. Collison's father was present and thanked the Council and Mayor for the recognition. In addition, he thanked the coaches and faculty of Eden Prairie High School who he said were instrumental in preparing his daughter to compete athletically and academically. Tyra- Lukens read the proclamation declaring January 25, 2004 as the official Christina Collison Hometown Day. V. PRESENTATION OF MRPA EDUCATION AWARDS Donna Tilsner, Awards Committee Chairperson for the Minnesota Parks and Recreation Association, gave a brief history of the organization that was founded in 1937 with now approximately 2000 members in Minnesota. Tilsner presented the 2003 Dorothea Nelson Award to Carla Kress, Therapeutic Recreation Coordinator. This award is for female professional members of MPRA with 15 or less years of professional experience. Tilsner also presented an Award of Excellence to the City of Eden Prairie for its Leisure Education Program. Tilsner noted that Carka Kress and Nicole White both worked hard on this program, along with the Parks and Recreation staff. Kress and White accepted the award. VI. REPORT ON THE SHOPPING BUS Molly Koivumaki, Human Services Manager for the City, and Chuck Snyder, Operations Director of Southwest Metro Transit,provided an overview of the new"shopping bus" service. This collaborative pilot program involving the City, Southwest Metro, Cub Foods, and other Eden Prairie vendors, is set to kick off on February 3. It will provide transportation to individuals needing to shop in Eden Prairie and will help to educate the public about the benefits of public transportation. Koivumaki said the program will also involve volunteer bus riders who will help onload and offload riders and shuffle them to their destinations. She said round trips are planned to take 2 %2 hours. Mosman asked where the volunteers will come from. Koivumaki said it is hoped that they will come from the human services providers,but initially staff will be used to determine areas of training for volunteers.Mosman asked if language skills would be necessary for volunteers. Koivumaki said not now. She also said the service is not free and there will be a fee for riding the bus. Tyra-Lukens asked what the pilot period is. Koivumaki said probably 6 months. VII. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. On behalf of the City of Eden Prairie, Tyra-Lukens read the Proclamation and Manifesto. She introduced Harry Moran, chair of the Human Rights and Diversity Commission,who gave an overview of the City's Human Rights Award and Dr. Jean L. Harris Youth Scholarship Award and the process for both. 6 CITY COUNCIL MEETING January 20,2004 Page 3 Moran said the nomination process for the Human Rights Award just began and will close on March 26, 2004, and the award will be presented in May.He explained the qualifications for the Dr. Jean L. Harris Youth Scholarship Award that will be presented to up to two recipients at a City Council meeting in May,with each recipient receiving a one-time$1,000 award. Moran said applications for both awards are available on the City's website. VIII. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under XVII.A. Councilmember Reports, Case added request for an airport update and also a follow-up on preserving the City's option in regard to Birch Island Woods. Under XVII.B. Report of City Manager,Neal added a report on today's presentation to the Stadium Selection Commission. Tyra-Lukens reminded the audience that applications are currently being accepted for boards and commissions and there will be an open house at the Eden Prairie Center on January 27. She said more information is available on the Eden Prairie website. MOTION: Young moved, seconded by Mosman,to approve the agenda as published and amended. Motion carried 4-0. IX. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 6,2004 MOTION: Mosman moved, seconded by Young, to approve, as published, the minutes of the City Council Workshop held Tuesday, January 6, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2004 MOTION: Case moved, seconded by Mosman, to approve, as published, the minutes of the City Council Meeting held Tuesday, January 6, 2004. Motion carried 4-0. X. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TRAXLER OFFICE BUILDING by Keith Traxler. 2nd Reading for Planned Unit Development District Review with waivers on .43 acres, Zoning District Change From Rural to Office on.43 acres, and Site Plan Review on .43 acres. Location: 9340 Hennepin Town Road. (Ordinance No. 1-2004-PUD-1-2004 for PUD District Review, Zoning District Change,Resolution No. 2004-14 for Site Plan Review) C. MEADOWCROFT by Nickel Land Company 2nd Reading for Planned Unit Development District Review with waivers on 7.08 acres and Zoning District Change From Rural to R1-22 on 7.08 acres. Location: 9950 Dell Road. (Ordinance No. 3- 2004-PUD-3-2004 for PUD District Review, Zoning District Change) CITY COUNCIL MEETING January 20, 2004 Page 4 D. ADOPT RESOLUTION NO. 2004-15 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 3RD ADDITION E. ADOPT RESOLUTION NO. 2004-16 AUTHORIZING SUPPORT OF LEGISLATION ALLOWING EDEN PRAIRIE TO CONTROL HOW ADVANCED LIFE SUPPORT SERVICES IN THE CITY OF EDEN PRAIRIE ARE PROVIDED F. ADOPT RESOLUTION NO. 2004-17 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES G. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS LISTED IN THE 2004 GENERAL FUND BUDGET H. ADOPT RESOLUTION NO. 2004-18 AMENDING FEE RESOLUTION NO. 2003-172,RELATING TO FIRE ALARM AND SPRINKLER SYSTEMS I. APPROVE CHANGE ORDER PROPOSAL REQUESTS 1, 2, 3,AND 4 FOR RILEY-JACQUES BARND AND APPROVE ADDITIONAL FEES FOR ARCHITECTURAL AND STRUCTURAL SERVICES MOTION: Young moved, seconded by Case, to approve Items A-I of the Consent Calendar. Motion carried 4-0. XI. PUBLIC HEARINGS/MEETINGS A. VACATION OF A ROADWAY EASEMENT IN GRAY FOX BLUFF, VACATION 03-10 (Resolution No. 2004-19) City Manager Scott Neal said Official notice of this public hearing was published in the December 25, 2003,Eden Prairie Sun Current, and sent to 4 property owners. He said the property owner has requested this vacation to remove the encumbrance of an existing roadway easement over property being replatted as "The Bluffs at Purgatory Creek." The replat consists of three lots to be served with private cross-access easements, eliminating the need for a public roadway. Neal said a Declaration of Covenants, addressing ownership and maintenance responsibilities of the private drive, is to be recorded concurrent with recording of the plat. There were no public comments. MOTION: Mosman moved, seconded by Young, to adopt the Resolution vacating the roadway easement over part of Lot 3, Block 1, Gray Fox Bluff. Motion carried 4-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACTION 03-09 (continued from December 16,2003) CITY COUNCIL MEETING January 20,2004 Page 5 City Manager Scott Neal said official notice of this public hearing was published in the November 27, 2003,Eden Prairie Sun Current, and sent to one property owner. He said this hearing is continued from the December 16, 2003, Council meeting. 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. There were no comments from the public. MOTION: Case moved, seconded by Young, to close the public hearing continued from December 16, 2003. Tyra-Lukens noted a letter was received from Mr. Herbst postponing Sites C and D first reading until February 3. Neal said this is for Site A that Mr. Herbst has decided to go forward with. Young said the way it was read,it appeared there is something to be presented to the Council tonight.Neal said there will be later in the meeting. Dietz said on the agenda, XIII.A. is the Site A rezoning agreement to be approved along with the vacation of these easements. Motion carried 4-0. C. HENNEPIN VILLAGE SITE C AND D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres,Planned Unit Development District Review on 11.99 acres, Zoning District Change from R1- 9.5 to RM 6.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review, Zoning District Change) Rosow noted a request has been made to continue the Public Hearing until February 3, 2004. MOTION: Case moved, seconded by Mosman,to continue the public hearing for Hennepin Village Site C and D rezoning until Tuesday, February 3, 2004. Motion carried 4-0. D. MUNICIPAL CONSENT FOR TH312/TH212 (FROM CSAH 4 TO TH212 NEAR CARVER COUNTY ROAD 147) IMPROVEMENTS,I.C. 93-5305 City Manager Scott Neal said official notice of this public hearing was published in the December 18, 2003,Eden Prairie Sun Current, and sent to 351 property owners. He said a public hearing is required for consideration of municipal consent for the TH312/TH212 improvements. Individual notices were also sent to the adjacent property owners an average of 700 feet from the corridor. Neal said Staff is prepared to give a presentation and Department of Transportation representatives are also present to give a presentation. He recommended that Council 0\ CITY COUNCIL MEETING January 20,2004 Page 6 would consider what is heard tonight and a municipal consent resolution would be prepared to be heard and considered February 17, 2004. Neal introduced John Chiglo project manager from MnDOT,who gave a presentation on the project. He said a pedestrian bridge will be constructed in the Riley Creek area. He said the structure will accommodate a stream and also a crossing for pedestrians under the roadway. In addition, he said there will be"critter crossings"based on an agreement with the Department of Natural Resources. Chiglo said other locations were considered for the pedestrian crossing,but it was not feasible because elevation of land in surrounding areas would not allow for proper drainage to occur. Mosman asked if there is a possibility for an overpass for pedestrians. Chiglo said an overpass would be an acceptable solution engineering-wise,but there is a cost implication of$1.1M to construct it. He said that cost would be the responsibility of the City. Joe Stoebner, 18803 Bearpath Trail, and Greg Olson, 18592 St. Mellion Place were present representing 300 property owners adjacent to the bebo project. He said generally they are in support of the project, however,they read a letter with concerns and recommendations dated January 20, 2004 to the Council and requested the letter be part of the record. Tom Ortinzeo of 8560 Derby Court, asked what type of berm is in the master plan for the portion that runs along the Miller Park and if there is any access from Candlewood Parkway into the park or if it's just on Scenic Heights. Chiglo said the berm to be constructed will be made of earth and excavation material that will be taken out of the road bed as the roadway is constructed.He said in that area, it will be approximately 30 feet tall. He said there will be no access to from the south across 212 to Candlewood. He said the final location of the pedestrian ramp will be determined and any pedestrian access will be across the bridge. Ortinzeo asked if the type of berming would be consistent throughout the length of 212 in Eden Prairie and will be natural through the entire length. Chiglo said the type of berming that he referred to will be consistent between the ramp terminis between Eden Prairie Road and Dell Road and on both sides. He said size of the berms may depend on right-of-way constraints and may require a noise wall. He said there are some noise walls located on the south side of 212 and to the west of Candlewood and on the other end toward Eden Prairie Road, about 1,000 feet west of Eden Paririe Road, on the south side of 212. Chiglo said in the other locations there would be no noise walls constructed because they are able to provide adequate noise mitigation with out noise walls. He said berms are more effective than noise walls in noise mitigation. /0 CITY COUNCIL MEETING January 20,2004 Page 7 Chad Johnson of 18000 Turtle Point asked what the speed limits would be along the corridor and what those limits would be set at. He asked about traffic lights at Dell Road and the 212 Extension and whether or not there will be extra berming or shields in regards to the traffic lights. Chiglo said a speed study will be conducted to establish speed limits. He said at this time, there are no signals planned to be constructed along Dell Road.He said there is no screening or berming planned parallel to Dell Road. Johnson urged the Council to keep the speed limits at the minimum, 55 if possible,in order to mitigate noise pollution to surrounding areas. Tyra-Lukens asked if speed limit is determined within the range based on the speed of traffic traveling on that road . She also asked if noise studies for the walls were done with a 55 or 65 mph speed limit. Chiglo said speed limit is established at an 85 percentile, or 85 percent of the traffic traveling on the roadway. He said a 65 mph speed limit is used when modeling for noise. Tyra-Lukens asked if traffic lights are deemed necessary in the future,who would pay for it. Chiglo said there is cost participation depending on the ownership of certain legs. Dietz said if a signal becomes necessary at Scenic Heights, the City would pay for it, but there is a cost participation policy for other signals. Tyra-Lukens asked if there is a risk of paying more than if this is bid separately. Dietz said there will be a point in time where Staff will recommend which way to go,but it has been recommended to use a percentage method. MOTION: Mosman moved to close the public hearing. Seconded by Young,motion carried 4-0. Mosman asked if the tunnel is lighted and what visibility is from one end to the other. Chiglo said a tunnel is classified as something over 50 feet long and it is anticipated that lighting will be provided. He said there are definite lighting standards and he is unsure how far you'd be able to see through the tunnel. Mosman asked if the tunnel curved. Chiglo said there is no curve and it is straight. Mosman asked if alternatives could be looked at before the next meeting. Mosman and Tyra-Lukens expressed concern over whether animals would be likely to enter a tunnel. Chiglo said the DNR is in support of this structure. Young asked Dietz what the timeframe is. Dietz said all municipal consent is expected to be accomplished within the next 30 days with requests for quotes sometime next spring. He said Staff committed to a process that Staff would support a separate pedestrian location if it were a wash in cost. It CITY COUNCIL MEETING January 20, 2004 Page 8 Tyra-Lukens asked what if there were no pedestrian underpass or overpass near that location and how integral is that to the trail system to have a hookup there. She said she is concerned about the public safety issue of the tunnel. Lambert said it is critical to the north/south trail system. Lambert said he would like to ask the State if they have similar size structures that could be looked at. Chiglo said he could get that information from the structures office in Oakdale. MOTION: Mosman moved, seconded by Case, to request staff to prepare a municipal consent resolution for the February 17, 2004 City Council meeting and consider all discussion from tonight's meeting. Motion carried 4-0. XII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Mosman,Young and Tyra-Lukens voting"aye." XIII. ORDINANCES AND RESOLUTIONS A. HENNEPIN VILLAGE SITE A REZONING by Pemtom Land Company. 2nd Reading for 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. (Ordinance No. 2- 2004-PUD-2-2004 for PUD District Review,Zoning District Change,Resolution No. 2004-20 for Site Plan Review) City Manager Scott Neal said this is second reading for an amendment to the planned development and rezoning of 33 R1-9.5 single family lots to RM-6.5. Included in the packet are letters Ryland Homes sent to current and pending single family homeowners dated December 22, 2003. MOTION: Case moved, seconded by Mosman, to approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from R1-9.5 to RM- 6.5 with waivers on 2.55 acres, Zoning; and adopt the Resolution for Site Plan Review on 42.55 acres; and approve the Supplement to Developer Agreement for Hennepin Village Site A; and approve and Authorize Issuance of a Grading Permit for Hennepin Village Site A, subject to release by the City Engineer upon determination that the final contract documents conform to plans dated November 7, 2003, as approved by the City Council. Motion carried 4-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACATION 03-09 (Resolution No. 2004-21) City Manager Scott Neal said 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. CITY COUNCIL MEETING January 20,2004 Page 9 MOTION: Case moved, seconded by Young, to adopt the Resolution vacating the drainage and utility easements in Hennepin Village. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2,RELATING TO ORGANIZATIONAL RESTRUCTURING City Manager Scott Neal stated that the City Code is being amended to reflect the organizational changes relating to the elimination of the Department of Management and Budget. He said the Community Development Department will include Assessing, Planning, Economic Development and Housing and Human Services. The Finance Division is under the Office of the City Manager. MOTION: Young moved, seconded by Mosman,to approve the first reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring. Motion carried 4-0. XIV. PETITIONS,REQUESTS AND COMMUNICATIONS A. BASEBALL ASSOCIATION REQUEST City Manager Scott Neal introduced Tom Siering from the Eden Prairie Baseball Association who will request City Council participation in a jointly funded project between the Baseball Association and the City of Eden Prairie for improvements to the baseball field at Miller Park. Siering gave background information on the organization and presented an architectural mock-up of the facility proposed as Eagle Field. He said the estimated cost would be$1.1M to $1.4M,with$100,000 currently raised and various funding sources that include$100,000 from an anonymous donor. Siering said this would also be a multiple use facility for concerts and other community gathering events. He said the facility could be used for tournament play for a variety of playing levels. Lambert said they are not asking to fund the project tonight,but asking the Council to accept this as a bonafide use of Miller Park and the ball field where some of the funding would be provided from a referendum, some from park dedication fees, and the balance from the athletic association. Case asked if there is potential for a business to advertise at the facility in return for donating funds. Lambert said the facility could possibly be named after a business if there was enough funding,but the only facility where he has seen that happen is the Blaine ice facility. Siering said it has been discussed and thought to be extremely unlikely because of its tie to general economic activity. Mosman asked if there are significant fields on the north side of town and why Miller Park was chosen. Lambert said this is the only facility where 900 parking spaces are available and adequate seating. 13 CITY COUNCIL MEETING January 20,2004 Page 10 Tyra-Lukens asked if this is the only 90-foot field. Lambert said there is also a 90- foot field at Round Lake and also Franlo Park, south of Hwy. 5, and will also be constructing one at Flying Cloud ball fields. Neal said in light of discussion tonight at the workshop, that this item will come back to the Council on February 17, the most appropriate motion would be to accept it and give it consideration knowing that it will be included in a referendum within a few short weeks. No action was taken on this item. XV. REPORTS OF ADVISORY BOARDS & COMMISSIONS XVI. APPOINTMENTS XVII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said two people asked him about the status of the airport issue,particularly security at the airport. He asked if Staff could bring back an updated report on what impact the FAA ruling has on what was negotiated and is there a security role for the City to play in the reliever airport issue.Also is there a role for the City to continue to play for some type of environmental oversight of the airport as the use does expand? Neal said there is a Staff member who is assigned to track MAC activities in general and specifically as they relate to Flying Cloud Field. He said a report can be provided by the first meeting in February. Neal said he and the mayor,police chief and fire chief all attended a meeting called by the US Attorney Tom Heffelfinger to listen to his concerns about airport security at the reliever airports. He said his staff has been working with the US Attorney and MAC staff to prepare a prototype plan for airport security. He said it is a MAC-led effort and the project is nearly complete. Case said there is currently no functioning airport commission and asked if MAC could be contacted to provide an update on expansion plans. Neal said that could be done. Concerning a request from Jeff Strait regarding the purchase of a four acre parcel on Birch Island Road, Case asked what purchasing options should be considered regarding the four acres of land. Lambert said he talked to the property owners and is in the process of applying for a 50 percent matching grant,but chances are not good because of the price of the land and limited amount of grant money available. He said property owners will be asked to give an option on the land based on a successful grant application. He said at that time, the City would decide if it wants to come up with half the cost.He said he believes owners are waiting to see what the appraisal is before determining the price. ILI CITY COUNCIL MEETING January 20,2004 Page 11 B. REPORT OF CITY MANAGER Neal said that today,he,the mayor, David Lindahl and Pat McQueeny of the Chamber of Commerce gave a presentation to the Governor's Stadium Screening Committee. Other presentations were given by Anoka County,Hennepin County/Minneapolis and City of St. Paul. Neal said the Eden Prairie presentation was different than others in that it does not offer direct cash contributions from local governments involved, and a great amount of detail was given in the construction and design of the structure with the other presentations. Neal said the City's proposal will be primarily privately funded,with a role for some limited public financing but that limited role is not currently defined. He said if public financing is used, it will be spread across a wide base as this is a state-wide asset. He said 10 proposals are currently being considered and the city will learn next week whether or not its proposal will advance on to the governor. He said a single proposal, more than one proposal, or a variation of proposals can be advanced. Case asked why someone would choose Eden Prairie.Neal said the City has the best location under consideration at this point because of the transportation network that serves the Golden Triangle. C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XVIII. OTHER BUSINESS XIX. ADJOURNMENT MOTION: Mosman moved, seconded by Case,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:52 p.m. 15 CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES AND RESOLUTIONS February 3,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Second Reading of an Ordinance Amending City A Code Chapter 2.30 and 2.32,Relating to Organizational Restructuring Requested Action Move to: Approve the second reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring. Synopsis The City Council approved the first reading of the Ordinance change at the January 20th meeting. The City Code is being amended to reflect the organizational changes relating to the elimination of the Department of Management and Budget. The Community Development Department will include Assessing,Planning,Economic Development and Housing and Human Services. The Finance Division is under the Office of the City Manager. Background The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes related to the Community Development Department. All changes included in the proposed ordinance have been previously announced-to-the-City_ Council and to City employees. These changes were effective January 1, 2004. Attachments Ordinance 16 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO._-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30, RELATING TO CITY DEPARTMENTS; AMENDING SECTION 2.32, RELATING TO ISSUANCE OF CITATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 2.30,Subd. 1 by adding G. as follows: G. The City Manager shall appoint the Finance Manager as the City Treasurer,who shall carry out the provisions of State Statute §412.141. Section 2. The Eden Prairie City Code shall be amended by amending Section 2.30,Subd.2 in its entirety as follows: Subd. 2. Community Development Department. A Community Development Department is hereby established. The Head of this department is the Director of Community Development. All matters relating to Assessing,Planning,Economic Development,and Housing and Human Services shall be the responsibility of this Department. This Department shall include the Assessing Division. The manager of the Assessing Division is the City Assessor. All matters of levies and assessments shall be the responsibility of this division. Section 3. The Eden Prairie City Code shall be amended by amending Section 2.32,Issuance of Citations,by moving Facility Manager from under the Management and Budget Department to under the Office of City Manager,deleting the heading Management&Budget Department and replacing it with Community Development Department and deleting the line Director of Management of Budget and replace it with Community Development Director. Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of January,2004,and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of , 2004. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2004. I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Finance Resolution Amending the Fee Resolution No. \ I . E Sue Kotchevar 2003-172 Requested Action Move to: Adopt the Resolution amending Resolution No 2003-172, Regulating Fees and Charges for Business Licenses,Permits and Municipal Services. Synopsis This is to correct the fees for the rental of the whole pool at Oak Point. These changes will bring the fees in line with the rental rates at the Community Center. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION AMENDING RESOLUTION NO. 2003-172 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to the Facilities section of the fee resolution,be added to read as follows: Oak Point Pool Rental Prime Time: 6a.m. 5p.m., $56.50 Hour Jan lto Dec 31 Monday Saturday; and noon 5 p.m. Sunday Oak Point Pool Rental Prime-Time: 6a.m.-5p.m., . $57.00 Hour-Jan lto Dec 31 Monday-Saturday; and noon-5 p.m. Sunday Oak Point Pool Rental Non Primc Time 5 9 p.m. $'16.50 Hour Jan lto Dec 31 Monday Sunday Oak Point Pool Rental Non-Prime-Time 5-9 p.m. $47.00 Hour-Jan lto Dec 31 Monday-Sunday Oak Point Pool Rental Discount Rate: 9 11 p.m. $1 1.50 Hour Jan lto Dec 31 Monday Sunday Oak Point Pool Rental Discount Rate: 9- 11p.m. $42.00 Hour-Jan lto Dec 31 Monday-Sunday �6 ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of February, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk a � CITY COUNCIL AGENDA DATE: February 3, 2004 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.: Engineering Resolution Authorizing Acquisition of Jim Richardson Easements for Anderson Lakes Parkway Trail �� ( .� • Improvements Requested Action Move to: Approve the resolution authorizing the City Engineer and City Attorney to pursue the acquisition of easements, by negotiation or condemnation, for the construction of Anderson Lakes Parkway Trail Improvements. Synopsis This process is necessary to obtain easements from the Preserve Association and the Trails Association due to their by-laws. Their by-laws require a difficult and timely process with all members in order to grant the City easements. Both Associations are in agreement that the condemnation process is the best approach. Background Information The City Council authorized the project in November of 2000 along with the Professional Services Agreement with H.T.P.O. This proposed trail improvement will extend the existing trail, which ends just east of Franlo Road, along the south side of Anderson Lakes Parkway to the underpass near Neill Lake Road. The project is part of the City's Capital Improvement Plan and will be financed accordingly. Attachments Exhibit"A" showing the affected properties CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR ANDERSON LAKES PARKWAY TRAIL IMPROVEMENTS WHEREAS, the Eden Prairie City Council previously ordered Anderson Lakes Parkway Trail Improvements (I.C. 01-5525); and WHEREAS, easements over adjoining properties are required to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easements, by negotiation or condemnation, on the following properties: Parcel 24-116-22-31-0096,Parcel 24-116-22-42-0052, Parcel 24-116-22-43-0053 and Parcel 24-116-22-43-0073 ADOPTED by the Eden Prairie City Council on February 3, 2004 Nancy Tyra-Lukens, Mayor ATTEST: SEAL • Kathleen A. Porta, City Clerk ---T-- '° 1,U V I LU I 3 r ,3 . , sy r .1y 6 o : ag� . • oG� o� \ i1, L1 7)„ r. 1 t • �Oj ire `` (3) ...... __,----•••• n3 k k-f 45 "• 4,• QTyJS. . 74 157.9 \• • /3 - Lr ,NWB _ (1 26) ob q•. @.s@ \ i a 11 '.Ta1. s `Srr i8 ,� 4 v,�oe • 2r \ (12) 0K 1s o6 r ?0,0 , .6?/ ^O 0 \\ 6 (11, � • 1A �s Rom`\`J\v� \ •• �• 131.49 �\ i 9 w `� h P©°�7 m OUTLOT D (3) �00 \\ 3 / (10) • w h n 65 r ri 15) 19es> E� `�5• SS30 (]) 0: nir • \\OUTLOT �� ^ (8) N 104 'e4. 87.5 69e'k --p 0 ,, (44) O. 5 JS) ��\ .. 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Z? 20.21 r3i 7 9 ! t N n 1 0 a 8 1:1n fin) m ((7��/ .q (fig) ''�• /� ;s .f 1 n rvmnra ,_ 4 3q- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2004 DEPARTMENT: Finance ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar Resolution Adopting the 2003 Adjusted Budget •'P Requested Action Move to: • Adopt resolution adjusting the 2003 budget from $31,473,699 to $30,887,685. Background Information In 2003, the City adjusted the general fund budget by reducing budgeted revenue and expenditures by $1,006,668 and $585,014 respectively and increasing budgeted use of fund balance $421,654. These changes were made because local government aid of $172,335 and market value homestead credit payments of$834,333 were eliminated by the State. Attachments Resolution Summary of Budget Adjustments • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2004- A RESOLUTION AMENDING THE 2004 GENERAL FUND BUDGET WHEREAS,the City Council has reviewed the 2003 budget amendments recommended by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie,County of Hennepin,Minnesota,that the general fund budget is adjusted from$31,473,699 to $30,887,685. ADOPTED by the Eden Prairie City Council this 3rd day of February, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2003 Budget Summary of Budget Deductions 2003 Budget Deductions Office of the City Manager Legislative $ - Office of the City Manager - Finance 15,000 Legal Counsel-General 49,000 Legal Counsel-Prosecution - Legal Counsel-Special Counsel - City Clerk - Communication Services 10,000 Information Technology - Facilities 54,000 Risk Management - Customer Service 8,000 Human Resources - Employee Benefits and Training 40,000 Contingency 20,000 Subtotal 196,000 Community Development Assessing - City Planning 20,000 Economic Development - Social Services - Subtotal 20,000 Parks and Recreation Park Administration - Park Maintenance 35,500 Parks Capital Outlay - Recreation Administration 10,500 Youth Programs - Organized Athletics 6,800 Special Events - Arts 2,650 Adaptive Recreation 5,480 Adult Recreation 200 Beaches 14,216 Park Facilities - Oak Point Pool 24,332 Community Center 27,336 Subtotal 127,014 Police Police 119,000 Animal Control - Subtotal 119,000 Fire Fire - Emergency Preparedness - Inspections 35,000 Subtotal 35,000 Public Works Engineering 37,500 Streets and Traffic 3,000 Fleet Services 1,500 Street Lighting 46,000 Subtotal 88,000 Total Budget Deductions 585,014 ai CITY COUNCIL AGENDA DATE: 2/3/04 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Police Department Approval of Law Enforcement Mutual Aid Pact Lieutenant Michael Bosacker ' Requested Action Move to: Approve the Law Enforcement Mutual Aid Pact between the City of Eden Prairie and the Scott County Sheriffs 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 Scott County Sheriffs 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 Scott County Attorney. Scott County officials formally approved and signed the agreement on 1/7/04. Attachments Law Enforcement Mutual Aid Pact League of Minnesota Cities risk management information ag LAW ENFORCEMENT MUTUAL AID PACT This Law Enforcement Mutual Aid Pact Agreement ("Agreement")is made and entered into this day of , 2004, by and between the City of Eden Prairie, Minnesota and Scott 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. 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 30 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. N. 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. Indenmification 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 I 31 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. W. 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. 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. 33 IN TESTIMONY WHEREOF,the parties have executed this Law Enforcement Mutual Aid Pact as of the date and year last signed below. SCOTT COUNTY CITY OF EDEN PRAIRIE By: By: Mayor Its: ounty Administrator By: �_..:�s�%Il�r t :l..i r�%(.�C-2.�c` _ By: G'n t �Y City Clerk Its: "tdounty Attorney By: By: rr Chief of Police Its: Sheriff Dated: t " 7 , 2004 Dated: , 2004 • eptpolicellaw enforcement mutual aid pact scoff county.aic.110403 • • 31 L MC LMCIT Risk Management Information League of Minnesota Cities 145 University MNAvenue West, St. Paul, 55103-2044 Cities promoting excellence Phone: (651) 281-1200 • (800) 925-1122 Fax: (651) 281-1298 •TDD (651) 281-1290 www.lmcit.lmnc.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. 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. I 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 Torn Grundhoefer LMCIT General Counsel at the League offices. Ellen Longfellow 3/01 CITY COUNCIL AGENDA DATE: February 3, 2004 SECTION: Consent Calendar DEPARTMENT ITEM DESCRIPTION: ITEM NO.: Public Works Services Approve Three-Year Maintenance Agreement ( F. Eugene A. Dietz with Honeywell Requested Action Move to: Approve a three-year Maintenance Agreement with Honeywell for maintenance of the automation and control systems for the Water Utility in an amount of$49,860.00 per year. Synopsis This Agreement will continue a long-term relationship with Honeywell for preventative maintenance and repair of the automation and control systems in the Water Utility. The three- year agreement will be effective January 1, 2004 and run through December 31, 2006. The annual cost is $49,860.00. Background Information Over the years, we have utilized other vendors to perform the preventative maintenance and repairs to our control systems at the Water Plant with mixed success. Honeywell has provided both the stability and prompt service delivery that is extremely valuable in the operation of the Water Utility. Staff recommends approval of the three-year extension for Honeywell to perform the maintenance to our control systems. Attachments Agreement 38 Honeywell Honeywell Automation&Control Solutions 7171 Ohms Lane Edina,MN 55439 January 19,2004 Eden Prairie Utilities • Utilities Div 14100 Technology Dr Eden Prairie,MN 55344-2260 Reference Honeywell Hardware Maintenance Agreement Number:8439 Attn:Ed Sorensen Thank you for selecting Honeywell as your Industrial Control service provider. Please refer to your Hardware Maintenance Agreement Number:8439(and associated PO#Verbal G.Dietz-provided for billing purposes),which expires on 12/31/03. In order to support your business and continue uninterrupted service to you,Honeywell requests that Eden Prairie Utilities provide one of the following forms of agreement for renewal as soon as possible. • This signed Notice of Change • A new purchase order(for billing purposes)for the revised annual price,referencing the Honeywell Service Agreement indicated above. • An approved extension to your existing purchase order,referencing the Honeywell Service Agreement indicated above. NOTICE OF CHANGE TO SERVICE AGREEMENT Reason For Revision: Renewal for the period of 1/1/2004 through 12/31/2004 with a price adjustment due to an increase in our prevailing rates.Additional option to renew for a 3-year period.See below for billing options. 1'year 2°d year 3rd year 1/1/04-12/31/04 1/1/05-12/31/05 1/1/06-12/31/06 CURRENT ANNUAL PRICE: $ 48,432. $ 49,860. $ 49,860. PRICE OF CHANGE#1: $ +1,428. $ 0. $ 0. REVISED ANNUAL PRICE: $ 49,860. $ 49,860. $ 49,860. Invoices will be issued annually for: $ 49,860. S 49,860. $ 49,860. Prompt return of this Notice of Change assures continuation of your Honeywell Service Agreement without interruption. A self-addressed envelope is enclosed for your convenience,or you may fax a copy of this Notice of Change to Service Agreement to me at(952)830-3748. Please complete the billing address and tax certificate fields below if you have any changes to make. Standard terms of payment are Net 30 upon presentation of Honeywell's invoice,which is issued in advance of the renewal date. We are most appreciative of the opportunity to serve you. Please contact your Field Service Manager,Mark Okey at(952) 830-3594,or me at(952)830-3636,if you wish to discuss the renewal of your service agreement or require further information. Sincerel Dana Miron Renewal Specialist Customer Signature: Date: New Purchase Order Number: Use above PO#for all years. Funding is included on PO for all years. A new PO#will be provided for succeeding years 45 days before anniversary date. OPTION—Initial box for 3-year renewal period. Above price will be held based upon no changes in equipment coverage or support program. 39 CITY COUNCIL AGENDA DATE: 02-03-04 SECTION: PUBLIC HEARINGS SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager/Planning Scott H. Neal Hennepin Village Site C and D Rezoning I.�. A Michael D. Franzen Requested Action Move to: • Move to continue the public hearing to the February 17, 2004 meeting Synopsis This is a continued public hearing from the January 20, 2004 meeting. The developer is requesting a continuance. Attachments 1. Letter from Dan Herbst. Lip The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE,MINNESOTA 55344 (952) 937-0716 • FAX (952) 937-8635 January 27,2004 Michael Franzen City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Franzen: I am requesting that the public hearing on the rezoning of Sites C and D,Eagle Ridge at Hennepin Village 2nd Addition,be continued to February 17, 2004. Sincerely, THE P + TOM LAND COMPANY 19- k6 .6./9 Daniel J. Herbst President DJH/idt CITY COUNCIL AGENDA DATE: 02/03/04 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager/Planning Scott H. Neal Viking Collections Parking �� Scott A. Kipp Requested Action Move to: • Adopt a Resolution for Planned Unit Development Concept Amendment on 4.42 acres; and • Approve 1 S`Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 4.42 acres; and • Direct Staff to prepare a Development Agreement incorporating Board and Staff recommendations and Council conditions Synopsis This is for a 158 space parking lot on a 1.66 acre site located to the southeast of the Viking Collections building it is to serve. Community Planning Board Recommendation The Community Planning Board voted 6-1 to recommend approval of the project at its January 12, 2004 meeting. Background Information The construction of the parking lot will require a PUD waiver for off-site parking. City Code requires parking to be on the same parcel of land as the structure they are to serve. Reasons to consider the waiver are: . • The parking will permit the company to maintain all operations within one facility. • The proposed parking lot can be changed in the future for an 18,820 square foot office building. • A Travel Demand Management Plan will be implemented for the building. Attachments • 1. Resolution for Planned Unit Development Concept Amendment • 2. Staff Report dated January 9, 2004 3. Community Planning Board Minutes dated January 12, 2004 ya VIKING COLLECTIONS PARKING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF VIKING COLLECTIONS PARKING FOR KLOECKNER LIMITED PARTNERSHIP WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on January 12, 2004 on Viking Collections Parking by Kloeckner Limited Partnership and considered their request for approval of the PUD Concept Plan Amendment and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on February 3, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Viking Collections Parking, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated December 2, 2003. 3. That the PUD Concept Amendment meets the recommendations of the Community Planning Board dated January 12, 2004. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of February, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 2-13 EXHIBIT A PUD Concept Amendment -Viking Collections Parking Legal Description: Lot 1, Block 1, Office Ridge Circle, Hennepin County, MN. Lot 1, Block 1, Bryant Lake Center 3rd Addition, Hennepin County, MN. —1LI STAFF REPORT TO: Community Planning Board FROM: Scott A. Kipp, Senior Planner DATE: January 9, 2004 SUBJECT: Viking Collections Parking APPLICANT: Kloeckner Limited Partnership OWNER: Kloeckner Limited Partnership and Eden Prairie Land Company II LOCATION: 7500 & 7544 Market Place Drive REQUEST: 1. Planned Unit Development Concept Amendment on 4.42 acres 2. Planned Unit Development District Review with waivers on 4.42 acres 3. Zoning District Amendment within the Office Zoning District on 4,42 acres 4. Site Plan Review on 4.42 acres L5 Area Location Map - Viking Collections 1 arking 2003-031 Address: 7544 Market Place Drive Valley View Road ---- -- --- I `,. \ \, ,;.1'_ ri°.'' .i :. Viking .... ./: . .. .. \ • Collections `�` Office Ridge Cir. . •Building • \ / ! �`�• ;' N. i \\ . , • • ,...\•f,. ,., r 1 r r _-\ \ �.' \ • i • Market Place Dr. Parking ' " • _\ .. \ J .:; :Site `A is •Highway #212 /,. /..:,:.:!::.!:,,,,:„.:.:,•:,::,,:.• ,.,.:• .:..., •1.:;.,g::•..,•::\z,:.,,,:-.,./. ...) / '. 1 ..• .. A Lj6 Staff Report—Viking Collections Parking January 9,2004 Page 2 BACKGROUND This project involves constructing a 158 space parking lot on a 1.66 acre site located to the southeast of the building it is to serve. A PUD amendment is proposed to include the additional parking with the building at the southwest corner of Valley View Road and Market Place Drive. The Comprehensive Guide Plan shows both sites as a Regional Commercial land use and zoned Office. Office is permitted in a Regional Commercial guided area. The existing 39,500 square foot Viking Collections building was approved and constructed in 1998. The 1.66 acre site was approved for a 28,650 square foot building in 1999 and modified to an 18,820 square foot office building in 2001. SITE PLAN The site plan shows a 158 space parking lot meeting the dimensional requirements and setbacks for the Office zoning district. A PUD waiver was granted for a 0-foot setback to parking along the north lot line in 2001. The Viking Collections building has 198 current parking stalls meeting the City Code requirement of 5 parking stalls for every 1,000 square feet for office use. Viking Collections occupies two-thirds of the building and will expand into the rest of the building when the current tenant's lease expires. The additional parking will be needed for the additional Viking Collections employees when it combines its workforce from another leased site in Bloomington. PLANNED UNIT DEVELOPMENT WAIVER The proponent requests the following PUD waiver for the project: • Off-site parking. City Code requires parking to be on the same parcel of land as the structure they are to serve. Reasons to consider the waiver are: • The parking will permit the company to maintain all operations within one facility. • The proposed parking lot can be changed in the future for an 18,820 square foot office building. • A Travel Demand Management Plan will be implemented for the building. Staff Report—Viking Collections Parking January 9,2004 Page 3 GRADING AND DRAINAGE The two significant trees on site will be lost due to construction. Both trees are 8-inch evergreen trees that were part of the original landscaping within the development area. Tree replacement is 21 caliper inches. The plan provides 22 caliper inches. An existing NURP pond located west of the Extended Stay America hotel is designed to accommodate stormwater runoff from this project. TRAVEL DEMAND MANAGEMENT A Travel Demand Management Plan is proposed for this project. TDM plans were not part of the development review process at the time of the Viking Collections building approval. STAFF RECOMMENDATION Option 1 Recommend approval of the following: • Planned Unit Development Concept Amendment on 4.42 acres • Planned Unit Development District Review with waivers on 4.42 acres • Zoning District Amendment within the Office Zoning District on 4.42 acres • Site Plan Review on 4.42 acres This would be based on plans dated December 2, 2003,this staff report, and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. C. Provide a tree replacement surety equivalent to 150% of the cost of the landscaping improvements and mechanical equipment screening. D. Submit a final TDM plan and surety for review and approval. Staff Report—Viking Collections Parking January 9, 2004 Page 4 2. The following waiver is granted as part of the PUD: A. Off-site parking. City Code requires parking to be on the same parcel of land as the structure they are to serve. Option 2 Recommend denial of the project to the City Council based on the following findings: 1. The project as proposed would be inconsistent with the approved planned unit development. 2. Off-site parking is inconsistent with City Code and the waiver is not substantiated. Staff recommends Option 1 • `{ I Planning Board Minutes January 12, 2004 Page 4 C. VIKING COLLECTIONS PARKING by Kloeckner Limited Partnership.Planned Unit Development Concept Amendment on 4.42 acres,Planned Unit Development District Review with waivers on 4.42 acres, Zoning District Amendment in the Office Zoning District on 4.42 acres, and Site Plan Review on 4.42 acres. Location: 7500 and 7544 Market Place Drive. Dan O'Brien presented the project. He said Viking Collections is a collection agency and currently occupies 2/3 of the building and are expanding onto the third floor. They are needing more parking as employees are parking on the streets. They would like to expand their parking to an off-site location.He said this is a temporary solution and when they move out of the building the site would be redeveloped into a traditional office building sometime in the future. Franzen stated this parking is considered an interim use and the property is too highly valued to remain a parking lot for a long period of time. He stated the last off- site parking lot the city approved was for Best Buy which consisted of 240 parking spaces across the street from the Best Buy building. Steppat asked when they are anticipated to move out. O'Brien responded probably in the spring or summer. Seymour asked the number of employees. O'Brien responded he's not sure about it but there is a huge demand for parking. Sutherland asked if the intent of the parking lot was for employee parking and whether they do vehicle repossessing and,if so,he would not be for using the parking for repossessed vehicles. The proponent responded Viking is not involved in repossessing vehicles. Stoelting asked why City Code requires parking to be on the same parcel as the structure it is to serve. Franzen responded the intent of the code is to prevent shared parking between different developments that have the same peak parking demands and to minimize parking on public streets. Stoelting asked how the employees will get from the parking lot to the building. O'Brien showed a site plan and stated there are sidewalks in the area of the parking lot. They would have to walk through the parking lot across Office Ridge Circle and to the building. There really was no good solution for a sidewalk. Stoelting asked staff if there are safety concerns for the employee pedestrians and vehicular traffic. Franzen responded if there was a public road through the development,they could put sidewalks in place. Because of the berms and plantings there is no practical way to build a sidewalk. Gray responded at places like Wal-Mart people walk in the drive aisles and cars and people must watch out for each other. This lot will be used for overflow parking on those days it's needed. Gray stated this is in the private domain to some extent. As long as the other tenants are comfortable with pedestrians cutting through certain areas, it shouldn't be a problem. Planning Board Minutes January 12, 2004 Page 5 Foote referred to the travel demand management plan and asked whether all the businesses were required to participate. Gray stated Eden Prairie is one of the few communities that require this type of thing consistently from the business community. He said the largest single opportunity to improve traffic in the Twin Cities is to increase the number of people in the vehicles but there is a high resistance to carpooling. If it could be considered politically correct, like recycling, it would be accepted but there just isn't that kind of interest in carpooling. The benefits are unlimited in terms of air quality, less traffic congestion and improved safety. Foote stated the City has done a study on how successful the Travel Demand Management Plan has been with local businesses. Gray responded it would be difficult to determine because someone would have to count the number of occupants in the cars. Brooks stated Viking Collection has outgrown their facility and the parking. They are located in an area too small for them. He said there isn't going to be a van or pick up and delivery of the employees from the parking lot to the building. It's also important to take into account the Minnesota weather. They would be better suited to locate their business somewhere else. He asked about the approval and how long they would be allowed to park off-site and whether it could be for a limited amount of time, 18-24 months. Franzen responded that it is a big investment for the company to construct a permanent parking lot if they could only use it for a limited amount of time. Franzen stated because of the number of employees with Viking Collection, they would have difficulty finding a site with enough parking anywhere in the region. Most parking ordinances require 4 to 5 spaces per 1,000. They have 9 spaces per 1,000 currently. Koenig asked if the City would be liable for accidents because they are not providing sidewalks within the complex. Gray responded he doesn't know if the City would be legally liable. The employer would have the primary duty to provide a safe environment for their employees which is over and above the liability the City would have. Gray said there are parking lots all over town. The incident levels are not significant regarding pedestrians and vehicles. This is not being detected and it's very unlikely to happen. Koenig stated the concern is the number of pedestrians. Gray stated once the facility is in service, a pattern will develop. There are employees who are regulars. Those people will use a path to get there to reduce the conflict with traffic and vehicular traffic will get used to the pedestrian's patterns. O'Brien stated he is an owner of a building in that area. He said with Viking Collection the employees arrive in the morning and leave in the evening. Koenig asked if any of the other businesses in the complex had been contacted and if they had any comment about this. O'Brien responded there have been ongoing discussions between Viking and the Lakewood Office Park Association regarding shared parking. There is a cross parking and use easement on site. There is no Planning Board Minutes January 12, 2004 Page 6 opposition to the additional parking. Koenig asked staff whether speed limit signs or "watch for pedestrian" signs could be installed. Gray stated they could post the speed limit and that would be feasible. Steppat stated that this looks like a successful business who may move on someday. This is a less than ideal situation but it will work for the company. It's important that people use caution and, although it's not ideal, it's plausible. Koenig stated that if they do stay there permanently and it becomes a long-term solution, that parking area will prevent another business from locating there. Sutherland stated he agreed with the earlier comment that this is less than ideal but workable. There may be other options down the road. Brooks asked if they will lease the site from the owner. O'Brien stated they will purchase the property. Brooks asked how the employees will navigate from the parking lot to the building. O'Brien showed on the site plan the walking paths they will be likely to take. Brooks asked staff whether there will be standard lighting, Franzen responded there will be lighting. MOTION by Steppat, second by Koenig to close the public hearing. Motion carried, 7-0 MOTION by Sutherland, second by Seymour to recommend approval of a Planned Unit Development Concept Amendment on 4.42 acres, Planned Unit Development District Review with waivers on 4.42 acres, Zoning District Amendment in the Office Zoning District on 4.42 acres, and Site Plan Review on 4.42 acres,based on plans dated December 3, 2003, subject to the recommendations of the staff report dated January 9, 2004, to the City Council. Motion carried 6-1, Koenig voted nay 5� CITY COUNCIL AGENDA DATE: February 3,2004 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Vacation 04-01 ITEM NO.: Engineering Vacation of Drainage and Utility Easements in M ,C Dave Olson The Big Woods 3rd Addition (Published 01/15/04; Sent to property owner) Requested Action Move to: • 1. Close the public hearing; and 2. Adopt the resolution vacating the drainage and utility easements in The Big Woods 3rd Addition. Synopsis The property owner has requested this vacation to allow the construction of a pool and appurtenances encroaching into the dedicated easement area. The property owner will dedicate a revised scenic easement to compensate for previous oversights in the dedication of easements. Attachments Vacation Drawings 53 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN THE BIG WOODS 3RD ADDITION VACATION 04-01 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All Drainage and Utility Easements over,under and across Lot 4, Block 1, The Big Woods 3" Addition,Hennepin County, Minnesota, according to the recorded plat thereof, as dedicated on said plat, except the northerly and southerly 5.00 feet, except the easterly 10.00 feet and except the westerly 32 feet thereof. This property is located at 8598 French Curve. WHEREAS, a public hearing was held on February 3, 2004, 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 have no interest to the public, therefore, should be vacated. NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are 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 February 3, 2004. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk 61 F s'4 4 P `p `O \ / • \ . \ \ ��� \\\ O \ 1.111•1111111111111010. \ \ 0 4. 1 \ a '"'"3 \ , , O.w `\ .= a 16.54 •• i ::•••'1186.3! 1.8"W ; -j�:;:' N1.04'26"E•,969.19 . •1 8 99.66 86.47 1 8.8 120.01 120.01 105.86 „p., ___....._ 1 W Z NO'00'27"Vi c• I co CA ).J,?'-----------------------T'...,.::•. 41•,f jk ! o W 1 ^ i 1 v In-1' cn v+ I i 1 ! r I y• T 1 f 1 tt ; C7 1» I CS i Iml I `' tea► f j n I N •.�.. 1 w °"'c I CO j j�a ,•-. I 1 :flN o !�•�..� ii 1 • I ' .` 1- __fit 25 28 `----_- / t W , f S7'3G' 1 73.74 I 2 3.04 - _. ./% :. _ /J • " ' (/ r ` 47 S.Si, / N, W W a) •-1• a2• v N j - ;;�:-'-; 1 / v `\\\ j N \ 1_'.1 v W v v� 1 0 SOO°00'27"E 138.80 — • q al m aov I t > Cri 2.MMN n r 0 A `O MM—Z'p 0o -A Y Oo q too Io �. ~ S"m0 O DF r- 1 � !k } +TO , } f !, �..i� '---EASEMEN 8E•=� Ftil) " . oS VACATD A. ..••—,.__ _� (113 • 0 DOS3'e I N00°00'22"W 95.70 5 �I U) O CD �, o a CD m I w 01 I * CA J I j O N (,d I • W N G, I I O �� 42.69 R=210.85 I ° 6 L=11°35'54" �� N08 40 43„E 88•74 o l FRENCH CURV I -------7-------- .... Ir3 Z 0 ti 1 • VACATION OF EASEMENT > C) rF'eas I ''4,' m z PREPARED FOR °° =D aD MO Xi> GARY HOKKANEN �} H , . O o Zm v Z 8598 FRENCH CURVE "� r' 01 CITY OF EDEN PRAIRIE,MINNESOTA �FRs P`� 56 , S . 1 St-1.68 NOLLVA333 I NeIVYI HON38 I -- 06'L9�. M«�5,tOoLBS— w xR �l0'0� X"Z68 ��•85 S"l62 X -'62 4 cn 00.0t "068 0 n p w / ("- ^T ao Ij 1 Ay N--` lsa x v L"688 X ———_lei -I W 7.0> Oo Cn O ,�'�i. N 99'SZ00 co / O�vi` I tout ,op P £i;'0£i • Z w D L w )1 g.L62 , , ,I. * g//1f/7 coo iCn D N L-222 XI / co b-/S6'7 ccil -6 A 1) _____/ct,z •- +41 ; l LL L9 6 co I I 1 \ O I awl, O'622 X . L o V V� Ox I is 0? O'L88 (0 I I x O I =A313 xt Jam', b l l68 %1�13S -moo '� c 0 I 'c-'0 I A j'� W /� - oo = o c o I sr' o n M 0 z1 s I jCD co x-�1-6 0o v oV tovY ten,= o X 9'Z68 PI w cfl (A �,,, b 7) 03 O L I `s' �x �- CC-9 r`' N OW n:�y a r'? 6 SL I Y X s'626 i ..41 I--;—I 00 I N N 03 r to to I� 7 - 1 L _ ___ _J.2 ��—lcp--�ui i-'/ 00'09 / Co , c X t 6 9'S88 1�a8 x6 /x S , Z9'9ir X 22.99 22'6 6 ,—�I L T22 N 1 —— 2ZT8l 3.22,69069N—— I / ,- • , .ti I i I I CITY COUNCIL AGENDA DATE: February 3,2004 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Vacation 04-02 ITEM NO.: Engineering Vacation of Drainage and Utility Easement in D Dave Olson Bell Oaks Estate 8th Addition (Published 01/15/04; Sent to property owner) Requested Action Move to: 1. Close the public hearing; and 2. Adopt the resolution vacating the drainage and utility easements in Bell Oaks Estate 8th Addition. Synopsis The property owner has requested this vacation to allow the construction of an indoor sport court. The applicant is the owner of all parcels identified in this request and has also applied for an administrative combination of the parcels. Attachments Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN BELL OAKS ESTATE 8TH ADDITION VACATION 04-02 WHEREAS, the City of Eden Prairie has a certain drainage and utility easement described as follows: That part of the drainage and utility easement as dedicated on Lot 1 and Lot 2, Block 1, Bell Oaks 8th Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying 6.00 feet on either side of the following described line: Beginning at the northwest corner of said Lot 2, said corner common with said Lot 1; thence South 05 degrees 36 minutes 39 seconds West, assumed bearing along the westerly line of said Lot 2, a distance of 220.00 feet to an angle point common to said Lot 1 and Lot 2; thence South 69 degrees 44 minutes 08 seconds East along the southwesterly line of said Lot 2, a distance of 263.30 feet to the most southerly corner of said Lot 2, and said line there terminating, EXCEPTING THEREFROM the southeasterly 10.00 feet of said Lot 2,the easterly 10.00 feet of said Lot 1, the northeasterly 6.00 feet of said Lot 1 and the northeasterly 6.00 feet of said Lot 2. This Property is located at 11068 Bell Oaks Estate Road. WHEREAS, a public hearing was held on February 3, 2004, 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 easement is not necessary and has no interest to the public, therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described are 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 February 3, 2004. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A. 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F �� •. .. 4 3) 'L > m 0.3 7v ti• 0.r'0 -P " F Z Z fill a N� e 68 rFs � N O O �� 22o ti �(a' g,e O - �0j 71 yZ 5 „"�, iy2j ', N -P D OD �2z 96`� ®�p� 0��02 Q G D 39 (r oo /07 & o- 41 2S 0 N �gq�� m o w �w ��� c'�NTR �� w�°> - N �O N W /ti YGi �I\''` v� Q/, 4') J� v 93.94 /" 04(/^i �S AV 846•0 m g9g6 / .� SO•2 i S2S 24.6 OQ ?e 2 Q'4S M W / / / 0,26"1y c..•2cb `-.'7 0 ti -�-I rn / / iH i w.a / •' DIr wW '" / CO (n l'@ 34.8 vSZ `'1�' F 0 o / v a co i'V2142, 43.48 �62 O L-c O4'F - - - 31.61n _ }.� 37•75 �a • 3 4O6 -° 67y/ `:` m OW �> vN •67 S rn rn �v 40. 83. .... OUT 74j N 4/v Now 0 w 69.52 4OT a ,o o io m R=120 q / ti `o D rn w_ 00 (n v 70 co ,0 a rIS N +v rn wm ./ I4 W *IT 0 w w CO °• au D c ^o (° G= 76. C. ,vo 0 w �,� yr 74, v0 0 O-- Iy D I a C A ��°'� u7 I / •C�cs. - j? .i (° "' 185 rn ti 50 u pp S13.7654 `f ?S j,..1 .� 03, v 43 v :71ti 20 \o LP -- NI Ocei S�6 p> • >Fs o n �� a, 0 S6 v w L. N ' XiST!NO LEGAL D_ESr t?TK)N ` .. ._•_.1.Re:1^P ,iidit Pcc . . _. .'ci .,rt,:.,14.' • • V (\Va-n'ity';.:,:,:• .._.'.,s.6578197. .!;',., 'v.-'....'f,^.•,-''_t_. __, . 'M.D..3(- . I 'st?.S:Uc<!,Pe:!Oa<c Estate 3'''Add:lion.accnrc'ir,'o d`e'ecordce r!P!'4creor,I'emtepi••County,. ' }1 ' y Minnesota.(Warren Deed Doc.NO.ris?:nt-P.1.1).34-:16-22-23-nn4^� ' , 1' -' PROPOSED LEGAL DESCRIPTION • Lot 1 and Lot 2,3!nrk!.De!:Or_<s 7)"Ai.t:t.Ion,accor.;i"n to'pc"•nrt'e"; ..thereof: . :9tep•n r n, i1 U J...V, 1. '�',Rnl•SUL•L.• . . • . , � EASEME\'T VACATION LEGAL DESCRRT1O\ i • • • Vrit neI'of tltc d•:•Ina,•and u"ii••cace••`cnt:Is dedicated on'. 1 and Lo•' It't`ck I I•c.'•(,) ., ''i:;,.', \ Addition;tecordint,to tjle-ccerdcd n:;It thereof,Hennepin Coomv.V inn ctt•'a.'vi•Ig(00 feet on'eilllers,"..i ,a 1' - ',di.of thq fol(oiving dcscri6cd line: ':•:`' '•ii •t, • \ , f. . 'B;Einmrj;:tt t is nortt.west comer of said Lot 2,sa:d corner comtiion with anfd Lot 1:tItlncu.r , $ouli b-,!cttr:•cr 36 mi•iLtcs t'acconds Wes:,nssun'cc1!`caring.arena rite wcsta rtc:Ire pl's:+:d Lut?,a •t• - . "/ dicti•nci o;t'2C.JO foci to a9 wig:p.poiat common to said Lot I and Lot::!heltce S,.t.7'19 41.1;1tcs 417„'X • `T R/ }':'•• ,'.`r•i:!,ii in ti i Cy cc.rids Enst'alolte the coutilwester!y!Inc of sa:d Lot 2,a distance t•1•'(3 1U fbet to:IIe•tposY'�a riE. •,, ;'soutijcnc�ortidroruid Lo!'';:cd said lint.:here:crinl'ruing.L"•YCLurp.(., t•t_rRr;I:vr'1,V.(:tt.` r,• ;+',•', .`q.,(1 • �[� 1, '' so�lhzcteFlY O.bO fee,,.o.sii;d Lot_ ,hi cacti-y 0.00 ect of.r,.id-.._t 1,the or:ae vurly(. 0�:cb -`•� ,i FIV i. , ':'r. and Let 1•tcd o�e•rortheactrrIV G.00 feet nfsuid Lot 4.• :.1. v \ y\t999111e,e AreaAfPeoc:nTt.`_. \ Lc, N„I"4"%itL.TL \ Z • In . .. .. t._� .. ,.......,z3,.0_ • . . . . i, , 0 N S - _ . N Ml Aar 7. pt�'NAa[.lNn✓r/L rrY 0 V''1•Y AI GAllraINT PLrC P[AT ro d'T. NE�Y�,NL PFtOfz 1 `m eF BJ'AL o,I•t'S etfAfL .. N '� O gY/�gF/r7TiM1^/ Is ftLa 34,-114-z2-23-000+i 3 tr g •o /� P{P, 36-Ilr.-zx-z3-oov2 Iit o 2 tq 11 / W . '7 fr LOT Z I `D , Y f A,w.L6 ro uT to,Aar!AA+P z * AfflbeAC-rA''r Mr - , J \ Pei.rear^�' i `;� +'lt\1 nnYf zdr r tu'LYuA•C�Of Z \,+1 • At: w A Po.4CAIT'T•cO� $ u'- EE�� \ I ,l,NF_nF r.n(' L am_ -`•�`. y i ,'''' ,,• / ... _f:._..— T �f,SF[3f17lIyP,ZZ �9•,y MoSj Kbr."12\ 9B Sy LY IMY S BFI'sr"vz°Z___... `Y.65•RalfEDo,5Y,1!'f _YpR, \ '' 'E d' a 4er 7, J. OG K ._ wnrKRl,+Et uI5r.aZ `--��_ I.— __ • P•1•P3ro-!1!o-Za-32.Oosa '•, —\`�U• -- k r••so."" \ `` LC3I1W' fkRlA,fl,./,INn uriLarY B�-._ tt{9."' �[yfj• -'•f7}1lI n'/iL.n.T A 1 'e / E,15[/f[N7 rtt FzAc �P�,i/H,Z�,•W Theo9 1' 1 FA ec OOLt,PARS PP:- • //�� t.'1-t -. IVOSJ sky wit flTT� o gfPAra1TMN-�- „` / L-1o.iz !\a \ • In /�q19 dP/.OT/ o IA 4 d 1 •tl' a� I �� r S N !-:.(00' • BOOK PAGE P ..- I HEREBY CERTIFY THAT THIS SURVEY. R KIM A.RLAIINIF. 1 PLAN, OR REI'ftR1' WAS PREPARED BY ME E ' Ilt'INSII)IANI,SInlVFYtlit PROJECT NO. SHEET OR UNDER MY DIRECT SUPERVISION AND C THAT I AM A DIMY PEQISTFREP LAND I MI I';1II I 2.093-ltr'7C 4 SURVEYOR UNDER THE LAWS c1F THETh1..nc nu+1 AC REVISIONS s'rA'rE OF MT tINPSOTA. SURVEYS I tell-reannnvl.n,.II Jul.vm. RE �ISIO S Orr:�R INC. } [ . CI ,,,,,„,I.1 t•.hl",1 ,,,III --- N f''11.1: j':•!f•Q 1•'1 t' ::rl, 19r'l.) CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 3,2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Management and Budget Payment of Claims -111 Sue Kotchevar L Requested Action Move to: Synopsis Checks 126893 - 127254 Wire Transfers 1941 - 1948 Background Information Attachments (a. City of Eden Prairie Council Check Summary 2/3/2004 Division Amount • General 522,071 101 Legislative 472 102 Legal Counsel 33,217 110 City Clerk 1,028 111 Customer Service 10,179 112 Human Resources 3,705 113 Communication Services 27 114 Benefits&Training 3,936 115 Risk Management 545 116 Facilities 15,659 117 City Center 7,782 130 Assessing 17 132 Social Services 6,307 133 Community Development 317 135 Information Technology 87,733 136 Wireless Communication 3,831 137 Economic Development 43 150 Park Administration 749 151 Park Maintenance 11,277 153 Athletic Programs 3,320 154 Community Center 35,465 156 Youth Programs 264 158 Senior Center 508 159 Recreation Administration 63 160 Adaptive Recreation 138 161 Oak Point Pool 236 162 Arts 50 • 180 Police 15,922 183 Civil Defense 57 184 Fire 591,393 186 Inspections 314 200 Engineering 817 201 Street Maintenance 92,657 202 Street Lighting 52,705 203 Fleet Services 9,606 301 CDBG 397 302 HRA Fund 298 303 Cemetary Operation 7 308 E-911 1,483 311 Grant Fund -19 314 Liquor Compliance 390 502 Park Development 460 503 Utility Improvement 10,333 506 Improvment Bonds 1996 8,551 507 Construction Fund 18,500 509 CIP Fund 16,052 511 Construction Fund 176,487 601 Prairie Village Liquor 134,378 602 Den Road Liquor 252,539 603 Prairie View Liquor 123,571 701 Water Fund 107,232 702 Sewer Fund 8,217 703 Storm Drainage Fund 2,519 803 Escrow Fund 23,557 806 SAC Agency Fund 59,326 Report Totals 2,456,689 City of Eden Prairie Council Check Register 2/3/2004 Check# Amount Vendor/Explanation Account Description Business Unit 1941 2,703 WELLS FARGO MINNESOTAN A Federal Taxes Withheld General Fund 1942 1,599 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1943 9,283 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1944 24,980 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1945 14,218 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1946 124,189 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1947 823 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1948 97,527 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 126893 90 AMERICAN RED CROSS Conference Expense Parks Administration 126894 1,650 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 126895 717 BIFFS INC Waste Disposal Park Maintenance 126896 5 BUTLER,CARRIE Program Fee Senior Center Program 126897 33,263 CENTERPOINT ENERGY MARKETING I Gas Water Treatment Plant 126898 2 CROSBY,VANCE Program Fee Senior Center Program 126899 32 DILLING,LORRAINE Program Fee Senior Center Program 126900 25 EDEN PRAIRIE NEWS Dues&Subscriptions Fire 126901 2 EMSWILER,DUGE Program Fee Senior Center Program 126902 708 ESPRESSO MIDWEST INC Operating Supplies Water Treatment Plant 126903 203 GOPI-IER STATE ONE-CALL INC Other Contracted Services Sewer Liftstation 126904 190 GORDON,ELIZABETH Lessons&Classes Pool Lessons 126905 10 GRAVES,MARIAN Program Fee Senior Center Program 126906 6 HARTRANFT,AUDREY Program Fee Senior Center Program 126907 421 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 126908 270 I-IENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 126909 149 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 126910 5 JACOME,KATHLEEN Program Fee Senior Center Program 126911 9,218 JOI-INSON BROTI-IERS LIQUOR CO Wine Imported Den Road Liquor Store 126912 20 KELLER,RICHARD AND BARBARA Program Fee Senior Center Program 126913 4 LASLEY,JERRY Program Fee Senior Center Program 126914 10 MCGOVERN,RICHARD Program Fee Senior Center Program 126915 648 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 126916 913 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 126917 275 MINNESOTA SAFETY COUNCIL Dues&Subscriptions Risk Management 126918 34 MINNESOTA STATE IIORTICULTURAL Dues&Subscriptions Parks Administration 126919 859 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 126920 1,371 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Lifistation 126921 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 126922 67 OTTEN,DAN Mileage&Parking Inspections-Administration 126923 10 PARK NICOLLET CLINIC Other Contracted Services Risk Management 126924 117 PRIORITY COURIER EXPERTS Postage General 126925 2,432 QWEST Telephone E-911 Program 126926 20 SJOSTRAND,ROCHELLE Program Fee Senior Center Program 126927 9,750 ST.LOUIS PARK,CITY OF Equipment Repair&Maint Fire 126928 63 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 126929 100 SUSA Dues&Subscriptions Water Utility-General 126930 44 TALLAKSON,PENNY Lessons&Classes Pool Lessons 126931 59 TULLEMANS,JILL Lessons&Classes Ice Arena 126932 10 TWIN CITY OXYGEN CO Operating Supplies General Facilities 126933 6 UPS Postage Water Treatment Plant 126934 1,549 US POSTMASTER-HOPKINS Postage Water Accounting 126935 90 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General Facilities 126936 54 WHITE,NICOLE Mileage&Parking Therapeutic Recreation 126937 26 WRUCK,BEV Mileage&Parking Community Center 126938 50 XCEL ENERGY Electric Traffic Signals 126939 41 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 126940 89 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 126941 234 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 126942 4,434 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 126943 8,260 DAY DISTRIBUTING Beer Prairie Village Liquor Store 126944 7,354 EAGLE WINE COMPANY Wine Imported l0/( Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 126946 144 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 126947 2,246 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 126948 23,992 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 126949 192 J&C DISTRIBUTING Misc Taxable Prairie View Liquor Store 126951 40,927 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 126952 10,206 MARK VII Beer Den Road Liquor Store 126953 468 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 126954 1,617 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 126955 93 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 126956 4,019 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 126957 21,842 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 126958 1,376 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 126959 4,425 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 126960 14,273 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 126961 15,212 THORPE DISTRIBUTING Beer Den Road Liquor Store 126962 84 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Prairie Village Liquor Store 126963 4,921 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 126964 1,131 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 126965 3,210 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 126966 36 ASHTIANI,MOHAMMAD Lessons&Classes Pool Lessons 126967 40 ASWM Dues&Subscriptions Storm Drainage 126968 1,316 BACHMANS CREDIT DEPT Other Contracted Services City Center Operations 126969 101 BUCA Operating Supplies Fire 126970 150 CENTRAIRE INC Other Contracted Services Round Lake 126971 2,265 CLAREYS INC Small Tools Fire 126972 225 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 126973 49 DAY-TIMER Operating Supplies Fire 126974 298 DUALE,KHADRA Mileage&Parking HOPE PROGRAM 126975 15,925 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 126976 1,414 FIETEK,CI-IRIS Tuition Reimbursement/School In Service Training 126977 130 FIRE LOSS MANAGEMENT,LLC Operating Supplies Fire 126978 150 FIRE MARSHAL ACCOUNT Conference Expense Fire 126979 200 FIRE MARSHAL ASSN OF MINNESOTA Tuition Reimbursement/School Fire 126980 658 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 126981 100 KAUFMAN,JAMES Refunds Environmental Education 126982 100 KORMAN,JIM Refunds Environmental Education 126983 290 KOTSONAS,GEORGE Other Contracted Services Senior Center Program 126984 260 LEAGUE MN CITIES INS TRUST Insurance Risk Management 126985 454 LUXUS CORP AR Utility Water Enterprise Fund 126986 100 MARGO,ROBERT Refunds Environmental Education 126987 38,674 MASYS CORPORATION Software Maintenance Information Technology 126988 100 MEADE,STEPHEN Refunds Environmental Education 126989 160,730 MEDICA CHOICE Medical Bills Prepaid General Fund 126990 3,415 METRO SALES INCORPORATED* Equipment Repair&Maint General 126991 260 MINNESOTA DEPT OF PUBLIC SAFET Tuition Reimbursement/School Police 126992 1,185 MINNESOTA POLICE&PEACE OFFIC Tuition Reimbursement/School Police 126993 18 MN/SCIA Dues&Subscriptions Police 126994 12 MOODIE,JANE Program Fee Special Events&Trips 126995 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 126996 100 PELTIER,JOE Refunds Environmental Education 126997 69 POKORNY COMPANY Building Repair&Maint. Round Lake 126998 378 PRIMEDIA WORKPLACE LEARNING Tuition Reimbursement/School Police 126999 100 RAY,MARILEE Refunds Environmental Education 127000 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Ser 127001 52 TARGET Program Fee Therapeutic Recreation 127002 377 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Water Utility-General 127003 80 UNITED STATES POLICE CANINE AS Canine Supplies Police 127004 1,624 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 127005 100 UTING,BRENDA Refunds Environmental Education 127006 11 WOMEN IN THE FIRE SERVICE INC Operating Supplies Fire 127007 2,555 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 127008 84 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 127009 131 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 127010 158 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 127011 4,173 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 127012 8,193 DAY DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 127013 935 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 127014 14,168 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 127015 319 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 127016 772 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 127017 9,673 GRIGGS COOPER&CO Transportation Den Road Liquor Store 127018 586 HOHENSTEINS INC Beer Den Road Liquor Store 127020 25,443 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 127021 15,890 MARK VII Beer Prairie View Liquor Store 127022 1,293 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 127023 5,398 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 127024 757 PINNACLE DISTRIBUTING Operating Supplies Prairie View Liquor Store 127025 1,571 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 127026 9,517 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 127027 15,991 THORPE DISTRIBUTING Beer Den Road Liquor Store 127028 447 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 127029 2,337 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 127030 75 ASHLAND POLICE DEPARTMENT Dues&Subscriptions Police 127031 325 ATOM Tuition Reimbursement/School Police 127032 5,000 C F HAGLIN&SONS INC Deposits Escrow 127033 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 127034 79 DEGN,TARA Parking Permits Parking 127035 210 DRISKILLS NEW MARKET Operating Supplies Water Utility-General 127036 150 ENGELMANN,TRACEY Other Contracted Services Liquor Compliance 127037 79 ENSTAD,TERRANCE Mileage&Parking Inspections-Administration 127038 3,750 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Ser 127039 60 FBINAA Dues&Subscriptions Police 127040 1,788 FOURTH JUDICIAL DISTRICT Printing Police 127041 220 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms Wireless Communication 127042 1,035 GOVERNMENT TRAINING SERVICE Conference Expense Information Technology 127043 33,217 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 127044 65 IdEXUM,TAMMY Employee Award Human Resources 127045 225 L&S HOSPITALITY AND DIRECTOR Advertising Prairie View Liquor Store 127046 26,035 LOGIS LOGIS Information Technology 127047 12 LTD COMMODITIES Recreation Supplies Afternoon Playground 127048 155 MENARDS Repair&Maint.Supplies Park Maintenance 127049 59,326 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 127050 150 MILLER,LYNN Other Contracted Services Liquor Compliance 127051 7,364 MINNESOTA STATE TREASURER Building Surcharge General Fund 127052 30 MINNESOTA STATE UNIV.MANKATO Conference Expense Parks Administration 127053 175 MRPA Conference Expense Parks Administration 127054 102 MUHLHAUSER,WENDY Instructor Service Preschool Events 127055 57 NFPA Operating Supplies Fire 127056 38 OLSEN COMPANIES Office Supplies General 127057 347 PETTY CASH Operating Supplies Volleyball 127058 104 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 127059 1,118 QWEST COMMUNICATIONS Pager&Cell Phone Police 127060 79 ROSENDAHL,COLE Parking Permits Parking 127061 5 SYVERSON,JOANN Org Athletic League Fees Raquetball 127062 7 UPS Postage General 127063 68 VELDKAMP,BARBARA Program Fee Preschool Events 127064 100 W1NDELS,ROBERT Refunds Environmental Education 127065 5,753 XCEL ENERGY Electric Water Treatment Plant 127066 90 ASSOCIATED WELL DRILLERS INC Repair&Maint.Supplies Sewer System Maintenance 127067 151 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Riley Lake 127068 80 BROWNE,PATRICIA Events/Admission Fee Ice Show 127069 2,920 DELL MARKETING L.P. Repair&Maint.Supplies Fire 127070 13,875 DELTA DENTAL PLAN OF MN Dental General Fund 127071 646 DISH NETWORK Cable TV Ice Arena 127072 700 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 127073 236 FASTSIGNS Safety Supplies Oak Point Operations 127074 392 GE CAPITAL Other Rentals General 127075 9,341 HANSEN THORP PELLINEN OLSON Design&Engineering (!/6 Construction Fund Check# Amount Vendor/Explanation Account Description Business Unit 127076 135 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 127077 325 ICE SKATING INSTITUTE Dues&Subscriptions Ice Arena 127078 1,699 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Charlson Area Construction 127079 155 LAKE COUNTRY DOOR Building Repair&Maint. Fire Station#3 127080 126 MARKS EDEN PRAIRIE AMOCO Equipment Repair&Maint Police 127081 420 MEA Conference Expense Parks Administration 127082 155,511 MEDICA CHOICE Medical Bills Prepaid General Fund 127083 1,395 METRO SALES INCORPORATED* Other Rentals General 127084 353 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 127085 2,309 NORTHWEST BUSINESS SYSTEMS Building Repair&Maint. Prairie View Liquor Store 127086 91 PROTECTION ONE Other Contracted Services Cummins Grill 127087 192 QWEST Telephone Forest Hills Park 127088 5,772 REYNOLDS BURKE ASSOCIATES INC Capital Under$2,000 City Center Operations 127089 117 SUN NEWSPAPERS Legal Notices Publishing City Clerk 127090 209 TIME WARNER CABLE Cable TV Fire 127091 33 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 127092 4 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Fire 127093 117 VIKING ELECTRIC SUPPLY Repair&Maint.Supplies Park Maintenance 127094 101,531 XCEL ENERGY Electric Street Lighting 127095 38 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 127096 103 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 127097 195 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 127098 2,375 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 127099 5,556 DAY DISTRIBUTING Beer Prairie View Liquor Store 127100 4,782 EAGLE WINE COMPANY Liquor Prairie Village Liquor Store 127101 17,446 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 127102 16,880 GRIGGS COOPER&CO Misc Non-Taxable Den Road Liquor Store 127103 12,255 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 127104 9,591 MARK VII Beer Prairie View Liquor Store 127105 233 MORAN USA,LLC Misc Taxable Den Road Liquor Store 127106 237 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 127107 246 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 127108 4,681 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 127109 614 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 127110 2,482 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 127111 9,101 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 127112 18,664 THORPE DISTRIBUTING Beer Den Road Liquor Store 127113 209 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 127114 45,242 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 127115 450 BCA-BTS Tuition Reimbursement/School Police 127116 35 BOYD,DAWN Program Fee Winter Skill Development 127117 227 D'AMICO AND SONS Miscellaneous City Council 127118 550,000 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire 127119 2,621 ESBENSEN,GEORGE Operating Supplies Fire 127120 60 FBINAA Dues&Subscriptions Police 127121 35 HAMMOND SR,JOHN Program Fee Winter Skill Development 127122 90 HANDEGARD,AMY Other Contracted Services Liquor Compliance 127123 15,273 HENNEPIN COUNTY Deposits Escrow 127124 785 HENNEPIN COUNTY TREASURER Postage Elections 127125 104 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 127126 4,787 KRAFKA,STAN Equipment Repair&Maint Water Treatment Plant 127127 223 LMHRC Dues&Subscriptions City Council 127128 800 LOGINIIACP Dues&Subscriptions Police 127129 26,950 LOGIS LOGIS Information Technology 127130 50 MACT Operating Supplies Arts 127131 6 MOORE,CAROL Program Fee Senior Center Program 127132 1,385 OSI BATTERIES INC Equipment Repair&Maint Wireless Communication 127133 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 127134 189 PRIMEDIA WORKPLACE LEARNING Tuition Reimbursement/School Police 127135 61 QUICKSILVER EXPRESS COURIER Postage General 127136 95 QWEST CLAIMS Other Contracted Services Sewer System Maintenance 127137 1,020 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 127138 3,972 STRATUM ONE FITNESS EQUIPMENT Other Assets Police 127139 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services (01- Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 127141 481 VERIZON DIRECTORIES CORP Licenses&Taxes Den Road Liquor Store 127142 77 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Sewer Utility-General 127143 6,584 VISIONARY SYSTEMS LTD. Repair&Maint.Supplies Fire 127144 814 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 127145 115 ALLIED TIME Office Supplies Police 127146 121,943 AMERICAN LIBERTY CONSTRUCTION, Other Contracted Services Construction Fund 127147 216 AMERICAN PRESSURE INC Other Contracted Services Water System Maintenance 127148 293 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 127149 103 AQUA LOGIC INC Repair&Maint.Supplies Pool Maintenance 127150 1,598 ASPEN EQUIPMENT CO. Other Rentals Street Maintenance 127151 378 BEN MEADOWS COMPANY Operating Supplies Water Treatment Plant 127152 629 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 127153 1,164 BOYER TRUCKS Equipment Repair&Maint Fleet Services 127154 344 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 127155 2,230 BRAUN INTERTEC CORPORATION Testing-Soil Boring Charlson Area Construction 127156 90 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 127157 95 CLAREYS INC Protective Clothing Water Treatment Plant 127158 136 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 127159 33 CONNEY SAFETY PRODUCTS Protective Clothing Water Treatment Plant 127160 3,422 CORPORATE EXPRESS Office Supplies Fire 127161 4,468 CROSIBLE INC. Equipment Parts Water Treatment Plant 127162 8,430 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 127163 1,368 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant 127164 985 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 127165 220 DELEGARD TOOL CO Equipment Parts Fleet Services 127166 14 DIGI-KEY Equipment Parts Wireless Communication 127167 960 EF JOHNSON Equipment Parts Wireless Communication 127168 314 ELVIN SAFETY SUPPLY INC Operating Supplies Ice Arena 127169 1,308 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 127170 252 FERO,STACEY Other Contracted Services Volleyball 127171 257 FERRELLGAS Motor Fuels Ice Arena 127172 38 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 127173 123 FITNESS WHOLESALE Operating Supplies Fitness Classes 127174 124 FORCE AMERICA Equipment Parts Fleet Services 127175 877 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 127176 410 GILLUND ENTERPRISES Lubricants&Additives Street Maintenance 127177 1,000 GME CONSULTANTS INC Testing-Soil Boring Construction Fund 127178 32 GRAINGER Small Tools Fleet Services 127179 372 GREATAMERICA LEASING CORP. Other Rentals General 127180 312 GS DIRECT Operating Supplies Engineering 127181 800 HAMILTON,MICHAEL Other Contracted Services Broomball 127182 22,807 HANSEN THORP PELLINEN OLSON Improvement Contracts Capital Impr./Maint.Fund 127183 13,808 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 127184 7 HIRSHFIELD'S Operating Supplies Street Maintenance 127185 588 HOLMES,JOFIN CARTER Other Contracted Services Volleyball 127186 588 HOLMES,TOM Other Contracted Services Volleyball 127187 566 ICERINK SUPPLY CO Equipment Repair&Maint Ice Arena 127188 970 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 127189 437 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 127190 1,609 INSIGHT PUBLIC SECTOR Equipment Repair&Maint Information Technology 127191 1,260 JANEX INC Capital Under$2,000 General Facilities 127192 1,166 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 127193 336 KALLIN,LAWRENCE E Other Contracted Services Volleyball 127194 2,495 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 127195 23 LANO EQUIPMENT INC Equipment Parts Fleet Services 127196 1,866 M R SIGN Signs Traffic Signs 127197 2,095 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 127198 558 MENARDS Small Tools Fire 127199 37 METRO LEGAL SERVICES INC Other Contracted Services 2000 Rehab 127200 317 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 127201 129 MINNESOTA CONWAY Safety Supplies Fire 127202 1,192 MOORE MEDICAL CORP Safety Supplies Fire 127203 4,555 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 127204 623 NATIONAL WATERWORKS Repair&Maint Supplies bet Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 127205 3,640 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 127206 80 NORMAN,ERIC Wages No Benefits Maintenance 127207 35 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Water System Maintenance 127208 529 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance 127209 712 OSI BATTERIES INC Repair&Maint.Supplies Storm Drainage 127210 98 PAPER DIRECT INC Office Supplies General 127211 3,875 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 127212 37,755 PEARSON BROTHERS INC Seal Coating Street Maintenance 127213 1,210 PEPSI COLA COMPANY Merchandise for Resale Concessions 127214 2,373 PETERSON ENVIRONMENTAL CONSULT Other Contracted Services Storm Drainage 127215 39 PORTER CABLE CORP Equipment Parts Park Maintenance 127216 860 POWERPLAN Equipment Repair&Maint Fleet Services 127217 394 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Fire Station#1 127218 96 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 127219 291 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 127220 2,565 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 127221 21 R&R MARINE INC Equipment Parts Fleet Services 127222 240 RAY,DAVID M. Other Contracted Services Basketball 127223 472 RAY,LEE Other Contracted Services Basketball 127224 453 RCM&ASSOCIATES Operating Supplies Telephone 127225 313 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 127226 12,723 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 127227 700 RUMPCA CO INC Waste Disposal Tree Removal 127228 895 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 127229 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 127230 5,001 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 127231 10,433 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 127232 70 SNAP-ON TOOLS Small Tools Fleet Services 127233 541 SNELL MECHANICAL INC Equipment Repair&Maint Ice Arena 127234 114 SOUTHWEST LOCK&KEY Repair&Maint.Supplies Ice Arena 127235 68 SPORTS WORLD USA INC Repair&Maint.Supplies Ice Arena 127236 133 SPRI PRODUCTS INC Operating Supplies Fitness Classes 127237 54,079 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 127238 46 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 127239 426 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 127240 2,937 STREICHERS Clothing&Uniforms Police 127241 20 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 127242 22 SUBURBAN PROPANE Motor Fuels Fleet Services 127243 126 SUN NEWSPAPERS Legal Notices Publishing City Clerk 127244 38 TACTICAL&SURVIVAL SPECIALTIE Clothing&Uniforms Police 127245 171 TESSCO Operating Supplies Wireless Communication 127246 213 UNIFORMS UNLIMITED Clothing&Uniforms Police 127247 8,434 UNITED PROPERTIES-CONSTRUCTION Other Contracted Services Fire 127248 172 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 127249 2,058 VESSCO INC Operating Supplies Water Treatment Plant 127250 1,752 WATSON CO INC,THE Merchandise for Resale Concessions 127251 66 WOLF CAMERA Video&Photo Supplies Fire 127252 4,099 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 127253 30 YOCUM OIL COMPANY INC Motor Fuels Water Treatment Plant 127254 490 ZIEGLER INC Equipment Repair&Maint Fleet Services 2,456,689 Grand Total