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HomeMy WebLinkAboutCity Council - 12/13/2005 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, DECEMBER 13, 2005 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H I. BUSINESS SURVEY RESULTS Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 13,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra- Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. APPROVE MINUTES OF THE HRA MEETING HELD ON NOVEMBER 1,2005 III. ADOPT RESOLUTION CERTIFYING THE 2006 HRAPROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2006 HRA BUDGET OF $200,000 IV. ADJOURNMENT ITEM NO.: HRA II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,NOVEMBER 1,2005 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE HRA MEETING TO ORDER Mayor Tyra-Lukens called the HRA meeting to order at 7:00 p.m. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 6,2005 MOTION: Aho moved, seconded by Case,to approve the minutes of the HRA meeting held on September 6, 2005. Motion carried 5-0. III. ADOPT HRA RESOLUTION NO.2005-02 RELATING TO TAX INCREMENT FINANCING(REDEVELOPMENT)DISTRICT NO.6; FINDING THE UNITED PROPERTIES BUILDING STRUCTURALLY SUBSTANDARD PURSUANT TO MINNESOTA STATUTES, SECTION 469.174,SUBDIVISION 10(b) Neal explained this resolution relates to redevelopment of substandard buildings. LHB, Inc. conducted an inspection of the building at 6509 Flying Cloud Drive on August 16, 2005,to determine if the property qualifies as a Tax Increment Financing Redevelopment District. A full report was completed by LHB September 28,2005, and submitted to the City. According to the report,the building was found to be structurally substandard and qualifies as a Redevelopment District. The purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of the former Physical Electronics site in the Golden Triangle Area. Cities conduct such inspections to ensure that TIF agreements based on structural deficiencies are legitimate. Butcher asked if the property meets the Butfore test. Jeremiah explained this would not be addressed until the public hearing. The current action is just to confirm that the building is structurally deficient. MOTION: Butcher moved, seconded by Case,to adopt HRA Resolution No. 2005-02 relating to Tax Increment Financing(Redevelopment)District No. 20; Finding the United MINUTES,HRA MEETING November 1, 2005 Page 2 Properties Building Structurally Substandard Pursuant to Minnesota Statutes, Section 469.174, Subdivision 10(B). Motion carried 5-0. III. ADJOURNMENT MOTION: Young moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0. The meeting adjourned at 7:08 p.m. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Resolution Approving the 2006 HRA Property HRA I11. City Manager/Finance Tax Levy and accepting the 2006 HRA Budget Requested Action Move to: • Adopt a resolution certifying the 2006 Property Tax levy to be $200,000 and approving the 2006 Budget of$200,000 as reviewed by the Council. Synopsis On September 6,2005,the HRA approved the proposed 2006 HRA property tax levy and budget. Also on September 6,2005,the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2006 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A.RESOLUTION NO.2005- A RESOLUTION APPROVING THE HRA 2006 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2006 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2006 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2006 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 13,2005. Nancy Tyra-Lukens, Chair ATTEST: SEAL Scott H.Neal, Executive Director AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 13,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Dietz, City Planner Michael Franzen Communi ty Development Director Works Director Eugene D y Y p Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF JODY CARLIN FOR RESCUE AT STARING LAKE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL BUDGET WORKSHOP HELD TUESDAY,NOVEMBER 29,2005 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER 3 FOR CHARLSON AREA PHASE IV IMPROVEMENTS,I.C. 02-5566 C. AWARD CONTRACTS FOR 2006 MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS FOR 2006,I.C. 06-5661 D. ADOPT RESOLUTION RESCINDING RESOLUTION NO. 2005-131 CALLING FOR PUBLIC HEARING ON APPROVAL OF PLAN FOR REDEVELOPMENT PROJECT AREA NO. 6 (UNITED PROPERTIES REDEVELOPMENT PROJECT)AND ON APPROVAL OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DIST.NO. 20 E. APPROVE LEASE AGREEMENT WITH HENNEPIN COUNTY FOR HAVA-REQUIRED ASSISTED VOTING EQUIPMENT F. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2006 AND 2007 G. APPROVE CONTRACT TO PURCHASE SOFTWARE FOR FAMILINK FROM THE EDINA SCHOOL DISTRICT CITY COUNCIL AGENDA December 13, 2005 Page 2 VIII. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. SECOND READING OF AN ORDINANCE AMENDING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE B. SECOND READING OF ORDINANCE ESTABLISHING THE FLYING CLOUD AIRPORT ADVISORY COMMISSION AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2006 Property Tax Lew,2006 General Fund Budget, and 2006 HRA Tax Lew (Resolution) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Prioritizing Parcels for Acquisition 2. Park Sign Designs E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES COUNCIL BUDGET WORKSHOP TUESDAY,NOVEMBER 29,2005 CITY CENTER 6:00 PM,HERITAGE ROOM II CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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, Community Development Director Janet Jeremiah, Finance Director Sue Kotchevar and Recorder Deb Sweeney I. PURPOSE OF MEETING Mayor Tyra-Lukens called the meeting to order at 6:02 p.m. She explained the meeting would examine the budget and attempt to come to a compromise all Councilmembers could support. She noted the meeting was not a public hearing and there would be no vote. Tyra-Lukens thanked residents for their input and noted public comment could continue at the Truth in Taxation Hearing and right up to the vote on December 13th II. PRESENTATION OF BUDGET ALTERNATIVES City Manager Scott Neal gave a presentation outlining the budget process,budgets and levies in prior years, a review of neighboring cities' levies, and four budget alternatives. Neal noted the budget process had begun in May and had been through several discussions since being presented to Council on August 9. Budget increases for the past ten years ranged from an 8.2%increase in 2002 to a 1.4% decrease in 2003. Levy increases ranged from 16.2%in 2002 to a 0.7%decrease in 2003. He noted which years the city was subject to levy limits imposed by the legislature. Based on census data,the City's population has increased by 12,000 people(4,600 households) since 1996. Last year,the number of households increased 3.0%. Neal explained this year's implicit price deflator, an index produced by the Bureau of Economic Analysis to measure increases in the cost of living, is 5.1%,the highest in ten years. Neal also reviewed increases in home values and explained the City does not get a windfall from increasing property values. For example, a median home valued at $161,000 in 1996 paid $3,318 in property taxes,but the median home in 2004 was valued at$310,000 yet paid$3,615. Regarding what neighboring cities are levying,Neal said these comparisons are hard to make because all cities are midway through the process, just like Eden Prairie. However, he cited figures from the Star Tribune projecting levy COUNCIL WORKSHOP MINUTES November 29, 2005 Page 2 increases averaging 11.08%in thirty western suburbs and 9.2%statewide. Neal noted the original budget proposal was below both these averages. Neal then presented four alternative budget scenarios: ➢ Scenario la: The original budget scenario used in the Truth in Taxation notice, which was sent to citizens, generating an 8.4%increase in the budget and an 8.6% increase in the levy. ➢ Scenario lb: Same as Scenario la, minus the debt service levy for Fire Station No. 4,which will be levied in 2007 due to a decision to defer construction. Neal characterized this budget as the"status quo,"which would generate a 7.5% increase in the budget and a 7.4%increase in the levy. ➢ Scenario 2: Same as Scenario lb,with General Fund reductions of$200,000,a $252,709 reduction in the CIP levy, and a transfer of$215,000 from the budget stabilization fund. This was the scenario presented at the November 15 Council meeting. The major impacts would be decreasing CIP funding back to 2016 instead of 2019 and loss of flexibility—no major operational changes. Scenario 2 would generate a 6.2%increase in the budget and a 4.8%increase in the levy. ➢ Scenario 3: Same as Scenario 2, except the General Fund reductions are increased to$552,658. Impacts would be the same as Scenario 2,plus cuts in fire staff(90 vs. 95 needed), finance division staff cuts, a reduction in human services grant funding to a 3%increase instead of 5%, delaying a fire engine purchase, cutting $100,000 from the Comp Plan, eliminating new police equipment and new street lights, and reducing the contingency fund from $100,000 to$50,000. Scenario 3 would generate a 5.2%increase in the budget and a 3.5% increase in the levy. ➢ Scenario 4: Same as Scenario 3, except the General Fund reductions are increased to$717,458. This generates a 4.7%increase. This scenario would have all the same impacts as Scenario 3, except there would be 87 fire staff instead of 90, human service grants would be capped at 2005 levels, one FTE in police and one FTE in Streets would be eliminated, asphalt street overlays would be reduced $94,000, engineering design assistance reduced$10,000, and the fuel budget reduced$25,000. Scenario 4 generates a 4.7%increase in the budget and a 2.8% increase in the levy. Neal stated he continued to recommend Scenario lb(his original budget minus the Fire Station No. 4). He reviewed proposed spending by category, noting the big drivers in the increase are wages and benefits, facilities maintenance, and fire operations. Tyra-Lukens asked if there were any changes in employment levels. Neal said there are three new positions: a rental inspections position proposed to be covered by user fees, an immigrant services position formerly covered by a grant, and an assistant fire chief. COUNCIL WORKSHOP MINUTES November 29, 2005 Page 3 Neal showed two-year projections, noting the lower levy increases in 2006 were associated with projected higher increases in 2007. Neal also noted if the parks referendum is included,both the budget increase and the levy increase are higher(about an additional 3.2%increase in the budget and an additional 4.2%increase in the levy). III. BUDGET DISCUSSION Neal invited Councilmembers' questions and comments. Tyra-Lukens said the main directive of the Council had been to see budgets at a 4%and 5%level of increase and to see the impacts of those reductions. She asked for reactions. Aho expressed disappointment the 4%benchmark came in at 4.7%. He had hoped costs could be reduced more without impacting service. He opposed cutting police. It seemed like any department with increases over 4.7%received cuts across the board while other, like parks and recreation,went untouched.Aho said there should be more than $50,000 in savings in legal services. Young expressed a desire to talk about Scenarios 2, 3, and 4 but questioned whether the discussion would be productive. He asked if the Council were willing to discuss options other than Scenario Ib. Tyra-Lukens asked if he meant"going beyond"in terms of budget reductions, or levy reductions. Young said the budget and Aho concurred. Case said he was uncomfortable bringing the budget much lower than Scenario 2,but the levy could be negotiable. The budget drives future levies,but with the City growing it is not unreasonable for the budget to grow. Case said legal service cost reductions have been examined for four years and they are no silver bullet. If the Council does not have confidence in the City Manager to run the City, a$32 million dollar business,they should replace him. Case said he was comfortable with Scenario 2, but noted it would only save most households a couple of bucks a month,which would be swallowed up by the 30% increase in the school levy. The reduction may not generate enough tax relief to make the reductions worthwhile. He regarded 6.2%as the smallest workable budget increase. Tyra-Lukens agreed the budget should be protected but the levy could be negotiable. Cutting City services is a strategic issue and should only be considered with balanced citizen input. Tyra-Lukens said she was not hearing an outcry for service reductions. She was willing to discuss adjusting the levy but not reducing the budget much past Scenario 2. Case concurred. A levy reduction could at least perceptually help with the"perfect storm"of taxes in a year when the school levy is going up 30%and the county levy up 5.5%. The city's role in that is very small but the levy increase could be adjusted, perhaps to 3.8%, and provide some relief. Tyra-Lukens said the 6.2%increase was already a compromise position for her. The City has deferred maintenance needs and the CIP is important to preserve. The City needs to be a good steward of its roads,parks, buildings, and infrastructure. Butcher said cutting facilities maintenance constitutes micromanagement. She said other cities try to steal COUNCIL WORKSHOP MINUTES November 29, 2005 Page 4 Eden Prairie Staff because of their competence. With ten meetings on the budget so far, Council has done due diligence. The Council should avoid line-by-line reductions and let Staff do their jobs. Butcher suggested readdressing the legal services budget, since there still appeared to be dissent. Neal explained legal services are divided into two approximately equal areas: civil and prosecution. Both are outsourced to the law firm of Gregerson Rosow. Neal said he had surveyed police and found them to be very satisfied with prosecution services. In addition, cost comparisons suggested bringing legal services in-house would be more expensive. Minnetonka employs six full-time attorneys at a cost of$606,700 to do all its civil and criminal work. They estimate $388,000 of that is prosecution. Bloomington has 8 attorneys at a cost of$857,000. In contrast, Eden Prairie spent $280,000 last year,despite the fact that Eden Prairie's activity levels(generated by police)are 7%higher than theirs and growing at a faster rate. Neal said Gregerson Rosow had agreed to grant a fixed fee contract of$240,000 plus hourly rate for jury trials (usually only 2-3 per year). Neal characterized this as a good deal for the City. Young said the comparison to both cities was invalid since both have bloated legal budgets. If one contracted lawyer can handle the workload, so can a single in-house lawyer. Companies invariably go in-house when they get big enough because it is cheaper.He was flabbergasted Minnetonka's budget was so high. Case asked if there were data on other cities. Neal said not as detailed.He noted there were no cities with a single practitioner. Aho suggested looking at other cities that contract services. Among them,Eden Prairie is #1 in service costs but only#4 in population. The civil side should stay with Gregerson Rosow because the institutional knowledge adds value, but the prosecution side does not. Even hiring two FTEs at salaries paid by Minnetonka and Bloomington($49,000 to $78,000)would be cheaper than a$240,000 contract fee. Kotchevar noted those figures need to be grossed up 30%for benefits and overhead. Young said even then,the city should be able to hire a lawyer for less than$100,000. Prosecution for the City is commodity legal work. Case said he was convinced on some level, but noted that even if the city hired two lawyers for$70,000 each and added benefits and overhead,the cost would be close to $200,000. That is not enough savings to solve the current budget issue. Case recalled this Council had had to make up for the previous Council's imprudent use of one-time revenues and cautioned against making the same mistake. Case said he was getting a lot of feedback to keep programs and services. It's important to maintain Eden Prairie's great quality of life. Young asked to refocus on the absolute budget figures. Council asked its members to suggest specific cuts six weeks ago, which he had done with some mixed feelings. He asked if the Council was interested in reducing the budget, or not. COUNCIL WORKSHOP MINUTES November 29, 2005 Page 5 Tyra-Lukens said when she first joined the Council, she had spent a lot of time trying to look at absolute budget figures and make comparisons to other cities. Eventually, it became clear it would be impossible to control for all the variables in service levels and accounting. An"executive dashboard"approach,where Council looks for things that are out of line, is more appropriate. Tyra-Lukens said she didn't like her tax bill either,but the City's budget is not out of line. Far from ramping up services,the City is barely covering wage and salary increases. In addition,even if the City cut its budget in half, there would be little meaningful impact on residents' taxes. Aho disagreed, saying the budget is out of line. The economy is not growing at a 6-8% level. Lots of companies, including Northwest,Ford, and GM, are making pay cuts. Increasing taxes can also reduce quality of life. Case said that would be true if the city's dollar increase was significant,but it isn't. Even if the City kept its levy flat at a 0% increase,the average homeowner would only gain an extra$2/month and the City would have to slash its budget to get there. Young asked if the Council should just rubberstamp the budget then. Case said the Council had moved toward a compromise and reduced the budget. Young countered that the reductions were only$200,000,with the rest being deferrals. Case said the only area Young had suggested for a cut was legal services. Aho said more could be done in facilities. Some items are priority three yet scheduled to be done immediately. Neal said facilities were a separate budget item and wouldn't affect the budget increase. Case expressed concern over cutting the CIP when the City projects it is $50 million short for roads. Butcher said Council agreed in April to protect the CIP and taking money from it represents a change that seems tactical when it should be strategic. Tyra- Lukens said a change in philosophy could be made next year with input from a random sample of citizens. Aho said citizens are present tonight. Tyra-Lukens said it needs to be a random sample to represent the whole community. Young said his suggestions had not been responded to adequately. He asked again if the Council would vote for any budget other than Scenario lb. Young said he was perfectly willing to incorporate any number of the listed reductions plus others. He proposed adopting Scenario 3 and also cutting conference and travel costs in half, eliminating the new human services FTE, reducing attorney fees by$100,000, and cutting Council salaries in half. The fire engine should not be delayed and police and fire should be capped not cut. Aho asked how many of the fire staff would be tied to the new fire station. Fire Chief George Esbensen said the assistant fire chief and rental inspector positions were workload-related and not tied to the new station. Volunteer staff needs to go from 75 to 95 to support the 4t'station. Aho asked why they are needed since the new station is not being built. Esbensen explained volunteers have about an 18-month learning curve to develop proficiency. If ground breaks this spring,the station would be operational in late 2006 or early 2007. Failing to bring on staff now would mean they would not be fully trained until 2007-2008. COUNCIL WORKSHOP MINUTES November 29, 2005 Page 6 Case questioned how much savings Scenario 3 would generate if police and fire are left untouched. Even if the budget were still reduced to 5.2%,the residents wouldn't get much. Case said his house is around the median and he would save$33/year,or 0.87% of his total tax bill. Impacts on services, like cutting the immigrant services position, would be felt much more. Case said the city has increased its population and the cost of living increase is high, so it is reasonable for the budget to go up. Aho said the relationship is not linear. Case agreed but said the City is not increasing its budget linearly. Looking at other cities,the budget increase is not outlandish or unsustainable. Case proposed using additional budget stabilization funds to reduce the levy increase to 3.8%and thus alleviate tax concerns. Tyra-Lukens agreed immigrant services are valuable,noting 50%of the City's 911 calls now come from non-native speakers. The immigrant service position provides a safety net that is a small investment to prevent future problems. Young said he had visited the immigrant services program and agreed it was valuable,but still asked if they were something a suburban community should have. No other city has them. Young said Eden Prairie isn't wildly wasteful,but can do better, and $200,000 is worth saving. Case noted the budget increase had already been reduced from 8.6%down to 6.2%. Other cities also do not have the 2nd largest Somali population, as Eden Prairie does. Case said all the cuts in Scenario 3 are bad ideas. Reducing the Comp plan would impede citizen input. Butcher noted Eden Prairie used to participate in a consortium to provide immigrant services, so other cities do in fact provide these services. Hennepin County is not providing them. Butcher said Council has to consider all groups—if we worry about Northwest pilots' issues,we need to consider immigrants also. The City has a chance to make a positive impact on the front end. Tyra-Lukens said Council directives to Staff over the past ten years have helped them be creative and collaborative, form public-private partnerships,and do more with less. She felt confident Staff had done this efficiently. Aho expressed concern about using levy reductions to hide budget increases. Tyra- Lukens agreed using budget stabilization funds feels uncomfortable. She noted a lower levy now generates higher levies in 2007.Aho said that didn't have to be true.Tyra- Lukens suggested the funds could be used to make the tax statement more palatable this year, and the Council could delve into questions about the role of the City next year. Case said the revenue stabilization fund was designed for this kind of use. The City was very conservative to establish such a fund. He proposed taking $500,000 from the revenue stabilization fund(to go toward one-time smaller expenditures such as office equipment)to get the levy down to 3.8%to provide relief from outside tax impacts. The budget would stay at a 6.2%increase to preserve quality of life. Kotchevar noted using one-time funds to balance the g budget would be against the City s financial policy. The g City does incur these types of expenses every year. Case said Council must be careful COUNCIL WORKSHOP AHNUTES November 29, 2005 Page 7 not to dip into these funds too freely,but the revenue stabilization fund was created for this purpose. Butcher said$500,000 would be too much to draw from the fund. $215,000 would be acceptable. She did not feel compelled to get to 3.8% if it meant making poor decisions for the future. Case noted the Council had already agreed to reduce the fund from 18%to 15%. Neal clarified the reduction from 18%to 15%yielded$980,000, of which $215,000 would be transferred to the general fund in 2006 and another$215,000 in 2007. The balance would go to the CIP. Butcher noted taking more from budget stabilization fund would therefore impact the CIP,which is represents savings for future needs. Neal agreed the biggest impact of Scenario 2 is that the CIP would only be fully funded through 2016 instead of 2019, though the City could re-fund the CIP in future years. Tyra-Lukens asked how much money is in the CIP,not including streets. Kotchevar said $11 million. Case said the City also has a projected$50 million of street repairs to complete in the next forty years, which is unfunded. Dietz explained the City has 220 miles of streets,with a value of $250 million. The City invests 1%per year in their upkeep. Just to keep up with maintenance,the City is projected to be behind $50 million. This does not include a total rebuild,which will also eventually become necessary. Young disputed the unfunded claim, saying the City could do a special assessment for streets, like Edina—there are options. The street situation is overblown. Case said the City should not take down CIP savings when it will need that money for critical needs. Young said his suggestions were not being listened to. Tyra-Lukens said they were,but there are limitations. There is a consensus that some money might be saved in prosecution,but not much. Some of the other proposed cuts are strategic in nature and that takes time and citizen input. The City has done focus groups and brought in consultants in the past and could do so again. Though this costs money, it is the only way to get an accurate picture of what citizens as a whole want. Tyra-Lukens noted the CIP did not exist when she joined the Council. The Council budgeted conservatively to create this fund. She was not eager to budge on the CIP to make the budget look lower. Tyra- Lukens said the budget is prudent given inflation and the City's growth and in line with other cities. Young said he did not see the proposed cuts as unreasonable or harsh.Aho agreed it is only a lesser increase, not even a cut. Tyra-Lukens said given inflation,the reality is a cut. The 5.1% implicit price deflator eats up most of the increase and salaries and benefits take up most of the rest. Neal noted that in past years when there were levy limits,the legislature considered the growth in the number of households plus the implicit price deflator to be an acceptable increase to maintain operations without voter approval of the levy. Under that formula,the acceptable increase this year would have been 9.6%. Aho said what's reasonable depends on the city. Neal agreed and said that is why cities successfully lobbied to remove the limits. COUNCIL WORKSHOP MINUTES November 29,2005 Page 8 Case asked why people want to move to Eden Prairie. He said the City already has far lower taxes than its peers. There is a high quality of life yet the taxes are reasonable. Tyra-Lukens said the budget discussion had helped,but stated it did not seem a unanimous vote would be possible. It was clear the Council will levy less than the taxation statement,but not clear what the levy would be. Some direction is needed for the Truth-in-Taxation hearing. Neal said he would present the outdated original Scenario Ia, as required, and would then like to present the proposal as it stands now(Scenario 2) based on Council's discussion. Case asked if Neal could also present the modified Scenario 2 with the$500,000 transfer. Neal said yes.He would present the advertised budget, follow up by showing where the Council is now, and then let the public comment. Tyra-Lukens thanked Staff for their assistance. Aho thanked the citizens present for their interest and diligence. The meeting adjourned at 8:18 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 13,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel,Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Eden Prairie Lions Club Event: Taste of Eatin' Prairie Date: January 28, 2006 Place: Eden Prairie Center 2006 Renewal Licenses On-Sale and Sunday Liquor Chevy's Cuatro,LLC DBA: Chevy's Fresh-Mex Raising the Bar,LLC DBA: Zeno Cafd On-Sale Wine with Strong Beer Chipotle Mexican Grill of Colorado, LLCDBA: Chipotle NYT Enterprises, Inc. DBA: Little Sushi on the Prairie Cigarette& Tobacco Babe VI,LLC DBA: Smoker's Haven Private Kennel Cheryl Poling - 1 - 144CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5566 ITEM NO.: VII. B. Mary Krause Approve Change Order#3 for Charlson Public Works/Engineering Area Phase IV Improvements Requested Action Move to: Approve Change Order#3 for the Charlson Area Phase IV Improvements in the amount of $7,555.15 Synopsis This Change Order is for incentive and disincentive payment for asphalt pavement in accordance with MNDOT specifications. Background Information Phase IV of the Charlson Area Improvements is the final phase of improvements associated with the Charlson Area Feasibility Study. The majority of the work for the project was completed in 2004 with the final asphalt paving occurring earlier this summer. The Change Order addresses the incentive and disincentive payment for the base and wear asphalt pavements placed within the project in accordance with MNDOT specifications. The unit prices are adjusted, based on the density achieved in the field, as compared to the specified density for the material. Attachments Change Order No. 3 for I.C. 02-5566 i Co sums c Ga ,INc Page 1 of 2 CHANGE ORDER NO.3 Date: November 23,2005 To: City of Eden Prairie City Improvement Contract No.I.C.02-5566 ----Contractor-:—S AEI.-Hentges-B-Sons, Engineer: SRF Consulting Group,Inc. Location: Charlson Area Improvements Phase IV Nature of Changes: 1) Based upon the review of Specification 2360, Plant Mixed Asphalt Pavement, the following incentive and disincentive payments have been determined: Base Course 8/19/04 2,630 ton(93.6%>Density) @ 4%Pay Incentive 9/4/04 and 9/5/04 2,427.83 ton(93.6%>Density (a,4%Pay Incentive Original Cost=(2,630+2,427.83 =5,057.83 ton)*($34.05/ton)= $172,219.11 Adjusted Cost=(104/100)*($34.05)*(5,057.83 ton)= $179,107.88 Net Increase to Contract=($179,107.88-$172,219.11)_ $ 6,888.77 Wear Course 5/26/05 382 ton(93.1-93.5%Density)0a,2%Pay Incentive Original Cost=(1,224.75+382= 1,606.75 ton)*($37.80/ton)_ $60,735.15 Adjusted Cost=(102/100)*($37.80)*(1,606.75 ton) $61,949.85 Net Increase to Contract= $ 1,214.70 5/26/05 764 ton(93.6%>Density)(a,4%Pay Incentive Original Cost=(764 ton)*($37.80/ton)= $28,879.20 Adjusted Cost=(104/100)*($37.80)*(764 ton)_ $30,034.37 Net Increase to Contract= $ 1,155.17 10/14/05 1,224.75 ton(91.0-91.9%Density)a,2%Pay Disincentive Original Cost=(1,224.75 ton)*($37.80/ton)= $46,295.55 Adjusted Cost=(98%/100)*($37.80)*(1,224.75 ton) $45,369.64 Net Decrease to Contract= $ 925.91 5/26/05 382 ton(91.0-91.9%Density)na,2%Pay Disincentive Original Cost=(382 ton)*($37.80/ton)= $14,439.60 Adjusted Cost=(960/o/100)*($37.80)*(382 ton)_ $13,862.02 Net Decrease to Contract= $ 577.58 Wear Course Net Pay Incentive($1,214.70+$1,155.17-$925.91 -$577.58)_$866.38 The net"INCREASE"to the Contract is($6,888.77+$866.38)=$7,755.15 i i Adjustment to Contract Price: i "INCREASE" Item Description Unit Unit Price Estimated Amount Quantity Bituminous Incentive Maximum Density Acceptance Lump Sum $7,755.15 1 $7,755.15 TOTAL $7,755.15 SUMMARY OF CONTRACT CHANGES: Contract amount prior to Change Order No. 3: $2,614,072.93 Net increase resulting from Change Order No. 3: $ 7,755.15 Current Contract amount including Change Order No. 3: $2,621,828.08 Issued By: /l p SRF CONSULTING GROUP, INC. Date Approved By: // --3a -0 5 S.M.HENTGES SONS, C. Date Accepted By: CITY OF EDEN PRAIRIE Date SRF.Vol3.H.aWI1047L?7161DOC13726 Heniges Change Order No.3.doc 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5661 ITEM NO.: VII. C. Mary Krause Award Contract for 2006 Maintenance Public Works/Engineering Materials and Water Treatment Chemicals Requested Action Move to: Award contracts for I.C. 06-5661,Maintenance Materials and Water Treatment Chemicals for 2006, as indicated in the attached recommendation of award. Synopsis Bids were received on December 8, 2005 for the 2006 supply of Street Maintenance Materials and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT 2331 and Class 5 Agg_regate: Four bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a savings to use asphalt supplied from Midwest Asphalt to supply the bituminous material, with Bituminous Roadways having the second lowest cost based on the analysis. Due to production capabilities, demand and availability at the plants,the award of the bituminous mix is to Midwest Asphalt and Bituminous Roadways. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration the time,equipment and labor to haul the material, was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows a savings to utilize Midwest Asphalt and Class 5 Virgin (100% crushed) aggregate utilizing Bryan Rock. Water Treatment Chemicals: The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary, depending upon the 2006 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. Quicklime: Two bids were received for quicklime, with the low bidder being Cutler Magner, at a unit bid price of$90.62/ton. This low bidder also submitted alternative bid prices supplying the same quicklime material meeting the specifications but varying the testing frequency as well as applying a fuel surcharge to the unit price on a monthly basis. The fuel surcharge is calculated by applying a surcharge based on a published price of diesel fuel to a fixed freight rate per ton of quicklime. The City of Eden Prairie used the fuel surcharge alternative last year with the same vendor(Cutler-Magner) and realized about 10% savings over the higher fixed price. The testing frequency would also be the same as current practices. Based on the facts that this same supplier has been the successful low bidder for quicklime the previous several years,the City is utilizing a fuel adjustment on other projects(specifically the Lime Residuals Hauling and Disposal project), in the best interest of the City, staff recommends award of the quicklime with a base bid price of$82.87/ton with a fuel surcharge calculated on a monthly basis. Sodium Silicoflouride The price for sodium silicoflouride increased dramatically over the 2005 prices(over double). This price increase is based on the extremely limited supply of fluoride as a result of the hurricanes earlier this fall in the southeast part of the United States. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD 2006 Maintenance Materials and Water Treatment Chemicals 1 Mn/Dot 2331 Type 4 1 A(bituminous) Midwest Asphalt $33.92/Ton Bituminous Roadways,Inc. $31.92/Ton 2 Mn/DOT 2331 Type 4 1 B(bituminous) Midwest Asphalt $ 32.91/Ton Bituminous Roadways,Inc. $ 30.03/Ton 3 Class 5 Recycled Aggregate Midwest Asphalt $6.66/Ton 4 Class 5 Virgin(100%Crushed)Aggregate Bryan Rock $8.52/Ton 5 Quicklime Cutler-Magner Company $ 82.87/Ton* *with monthly fuel adjustment 6 Liquid Ferric Sulfate(12%solution) Hawkins Inc. $ 1.47/Gallon 7 Liquid Chlorine 1 ton shipments) Hawkins Inc. 498.80/Ton q ( P ) $ 8 Liquid Carbon Dioxide Air Liquide America $ 60.00/Ton 9 Sodium Polyphosphate Shannon Chemical $ 1,370/Ton 10 Sodium Silicofluoride Hawkins Inc. $1,680/Ton 11 Mn/DOT 2461 Mix 3A32(concrete) Cemstone Products $107/cu.yd. 12 Mn/DOT 2461 Mix 3A42(concrete) Cemstone Products $109/cu.yd December 8,2005 I.C.06-5661—2006 Maintenance and Water Chemicals Bid BID SUMMARY BIDDERS MnDOT MnDOT MnDOT MnDOT Class 5 Class 5 Quicklime Ferric Liquid Liquid Carbon Sodium Sodium 2461 2461 2331 Type 41A 2331 Type 41B (100%Recycled (100%Virgin Sulfate Chlorine Dioxide Poly-phosphate Silicoflouride Mix 3442 Mix 3430 (Bituminous) (Bituminous) Crushed) Crushed) Liquid 1 ton loads (Concrete) (Concrete) Continental Carbonic Corp.Exchange $106/7 Barton Sand&Gravel $7/r Bryan Rock $8,52/I' Commercial Asphalt Co. $38.23/r $36.29/T Cutler-Magner Co. $90.62/r* Ethanol Products $70/T DPC Industries $522/r Praxair $126.40/r � Kemiron Companies $L54/gal Hawkins Chemical $1.47/gal $498.8/r $1843/r $1,680/r Hellers Carbonic Midwest Asphalt $33.92/r $32.91/r $6.66/r Mississippi Lime $160.00/T Mueller&Sons $331T $32/r $6.50/T Nalco Aggregate Industries $5.91/I' $6.96/r Cemstone Products $107/c.y. $109/c.y. CalciQucst $152g/T Shakopee Sand&Gravel MG Industries Air Liquide America $60/r Bituminous Roadways $31.921T $30.031T $6.25/r Shannon Chemical $1370/I' AVR,Inc. $4.42/r *=an alternative bid was also submitted with a fuel surcharge GEnginmring/IC#s/06-5661P'06-5661 Award Summary" CITY COUNCIL AGENDA DATE: SECTION: Consent December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VII. D. Community Development: Resolution rescinding Resolution No. 2005- Janet Jeremiah/David Lindahl 13 calling for Public Hearing on Redevelopment Project Area No. 6 Requested Action: Move to:Adopt a Resolution rescinding Resolution No. 2005- 131 calling for a Public Hearing on approval of a project plan for Redevelopment Project Area No. 6 (United Properties Redevelopment Project) in the City of Eden Prairie and on approval of a tax increment financing plan For Tax Increment Financing(Redevelopment)District No. 20. Synopsis: The City Council passed a resolution in early November calling for a public hearing on December 20th to consider establishing a Tax Increment Redevelopment District on the former Physical Electronics property now owned by United Properties. The hearing will be delayed until January or February of next year in order to have more time to determine whether the project needs assistance, and if so, at what level. The developer, United Properties, is continuing to provide a variety of financial and pro-forma information in order to complete the due diligence. Background: United Properties purchased the 15-acre former Physical Electronics headquarters site in June 2003.At the time of the acquisition,the 200,000 square foot building was largely vacant due to a significant downsizing at Physical Electronics. United Properties purchased the building with intentions of either leasing it or possibly redeveloping the site. Over the last two years they have been unable to secure tenants for the building, and have now decided to try to redevelop a 10-acre portion of the site into a new 90,000 square foot office building called Superior Tech Center. 70,000 square feet of the new building is expected to be occupied by one user with the remaining 20,000 available for lease. The remaining 5 acres and a portion of the existing building will be renovated into a new Foss swim club. United Properties is asking the City to consider providing Tax Increment Financing to assist in paying for some of the redevelopment related costs associated with the redevelopment proposal. An inspection of the existing building was completed by LHB September 28, 2005. The building was found to be structurally substandard and it qualifies as a Redevelopment District. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION RESCINDING RESOLUTION NO.2005- 131 CALLING FOR A PUBLIC HEARING ON APPROVAL OF A PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO.6 (UNITED PROPERTIES REDEVELOPMENT PROJECT) IN THE CITY OF EDEN PRAIRIE AND ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(REDEVELOPMENT)DISTRICT NO. 20 WHEREAS, on November 1, 2005, the City Council passed Resolution No. 2005-131 regarding the Eden Prairie Housing and Redevelopment Authority's (the Authority) preparation and presentation to the City for approval, of a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as the Project Plan (the Project Plan) for Redevelopment Project Area No.6 (the Project Area), and of a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the Redevelopment Project). WHEREAS, Resolution No. 2005-131 further resolved that in order to finance the public redevelopment costs to be incurred in connection with the Project Plan and the Redevelopment Project, the Authority has prepared, and will present to the City for approval, a tax increment financing plan (the Financing Plan), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing (Redevelopment) District No. 20 within the Project Area. The Resolution proposed that the Board of Commissioners of the Authority and the City Council approve the Project Plan and Financing Plan, and that this Council hold a public hearing on the Project Plan and Financing Plan as required by Minnesota Statutes, Sections 469.028 and 469.175, subdivision 3. WHEREAS, Resolution No. 2005-131 resolved that a public hearing was to be held regarding the Project Plan and Financing Plan at 7:00 p.m. on Tuesday, December 20, 2005, at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota and directed the City Clerk to cause notice of such public hearing to be published in the official newspaper of the City not less than 10 days or more than thirty(30) days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.175, subdivision 2, to the appropriate governmental bodies. WHEREAS, the City now desires to rescind Resolution No. 2005-131 repealing the direction to conduct a public hearing on December 20, 2005 and directing City Staff to set a public hearing at a future date in accordance with Minnesota Statutes. BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City), as follows: 1. Resolution 2005-131 is hereby repealed; and 2. A public hearing date regarding both the Project Plan and Financing Plan shall be scheduled at a future date in accordance with Minnesota Statutes. ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 13t"day of December, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI1.E. Office of City Manager Approve Lease Agreement with Hennepin Kathleen Porta, City Clerk County for Assisted Voting Equipment Requested Action: Approve a Lease Agreement with Hennepin County for HAVA required Assisted Voting Equipment. Synopsis: The Help America Vote Act of 2002 mandates the State to comply with the voting standards of Section 301 of HAVA on and after January 1, 2006. The Hennepin County Board of Commissioners authorized the purchase of AutoMARK Voter Assist Terminals and will lease this equipment to the City. Attachment: Lease Agreement Agreement No.A052244 HENNEPIN COUNTY/CITY OF EDEN PRAIRIE LEASE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF EDEN PRAIRIE, both political subdivisions of the State of Minnesota, hereinafter referred to as the "County" and the "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 8080 Mitchell Road, Eden Prairie, MN 55344-4485. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-426 authorized the purchase of election equipment (hereinafter"Election Equipment") for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 05-564 authorized the purchase of Assisted Voting Technology equipment (hereinafter"AVT Equipment') for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer property to the City for its use; and WHEREAS, the County and the City of Eden Prairie are parties to an agreement dated August 3, 1999, and numbered A07990 relating to the lease of Election Equipment and the County and City desire to terminate that lease agreement and replace it with this agreement. WHEREAS, the County desires to lease Election Equipment and AVT Equipment to the City of Eden Prairie for use in all city elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County Election Equipment identified as: twenty-two (22) Model 100 Optical Scan Precinct Count Units (including forty-four (44) PCMCIA memory cards, twenty-two (22) Model 100 metal ballot boxes, twenty-two (22) Model 100 hard cover carrying cases, and twenty-two (22) Model 100 soft cover carry cases) for polling places contained within the City. 1.2 The County hereby leases to the City subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County AVT Equipment identified as: twenty-two (22) AutoMARK Voter Assist Terminals, forty-four (44) 256mb Flashcard and twenty-two (22) ES&S AutoMARK Tables with adjustable legs for polling places contained within the City. 1.3 The County and the City hereby rescind Agreement A07990, dated August 3, 1999, and replace that Agreement with this Agreement. 1.4 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election and AVT Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. The City hereby delegates authority to execute such an addendum to its City Administrator/Manager. Section 2 OWNERSHIP 2.1 The City acknowledges that the County owns the Election and AVT Equipment and that the City is authorized to use said Election Equipment and AVT Equipment for official election related purposes. Use of the Election and AVT Equipment for an other purpose is strict) prohibited absent express written Y p P strictly p consent of the County Auditor. 2.2 The City acknowledges and agrees that the Election and AVT Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ES&S) and is protected under federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election and AVT Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election and AVT Equipment while it is in the City's custody. The City, either through insurance or a self-insurance shall be responsible for all costs, fees, damages and expenses program, p 9 p including but not limited to personal injury, storage, damage, repair and/or replacement of the Election and AVT Equipment while it's in the City's custody and this contract is in effect, consistent with the City's defense and indemnity obligations contained in Section 7.6 herein. 3.2 The City shall be responsible for the transporting of the Election and AVT Equipment from and to the County. Upon termination of this Agreement, the City shall forthwith deliver the Election and AVT Equipment to the County or its designee, complete and in good order and working condition. The City shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election and AVT Equipment. Section 4 TERM, TERMINATION 4.1 The City and the County agree that this Agreement is in effect during the period commencing upon signature by the County. The City and County agree that this Agreement will terminate when the City and County mutually agree that the equipment will no longer be used for the City's elections, unless terminated sooner by either party with cause upon seven (7) calendar days' written notice to the other. Section 5 MAINTENANCE 5.1 Maintenance Agreement (M100). The County has entered into a Maintenance Agreement with Election Systems & Software for the maintenance of the Election Equipment ("Election Equipment Maintenance Agreement"). The City will obtain the services furnished by the Election Equipment Maintenance Agreement (Addendum A), which clearly outlines the said coverage of the equipment, directly from Election Systems & Software, Inc. The annual maintenance fee paid by the City to the County for said Election Equipment Maintenance Agreement shall be One Hundred and Twenty-eight dollars ($128) per unit, and any increase in the fee shall not exceed three percent (3%) of the prior two (2) year Election Equipment Maintenance Agreement with the County. 5.2 Maintenance Agreement (AVT Equipment). The County will enter into a Maintenance Agreement with Election Systems & Software for the maintenance of the AVT Equipment ("AVT Maintenance Agreement") at the end of the warranty period, determined to be December 31, 2006. The City will obtain the services furnished by the AVT Maintenance Agreement, which will clearly outline the said coverage of the equipment, directly from Election Systems & Software, Inc., the terms of which will be comparable to Addendum A. The annual maintenance fee paid by the City to the County for said AVT Maintenance Agreement shall be an amount not to exceed Three Hundred and Ten dollars ($310) per unit, and any increase in the fee shall not exceed three percent (3%) of the prior two (2) year Maintenance Agreement with the County. The County will forward a copy of the AVT Maintenance Agreement upon execution with Election Systems & Software, prior to the expiration of the warranty period. 5.3 The City agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment that are not authorized by Hennepin County and said vendors. 5.4 After reasonable notice, the County shall have the right to enter into and upon the premises where the Election and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the City shall comply with the County's request for verification of Election and AVT Equipment inventory. 5.5 The City agrees to provide notice to Election Systems & Software of any defects or malfunctions with the Election and/or AVT Equipment within twenty-four (24) hours. The City also agrees to provide the County with notice of such malfunctions or defects and Election Systems & Software's response within a reasonable time. The county agrees to track via a log all such equipment malfunctions. Section 6 PROGRAMMING AND ACCUMULATION 6.1 Programming. The County will be responsible for programming the M100 Optical Scan Election Equipment at no charge to jurisdictions for all races in all elections. 6.2 Programming Costs. The City is responsible for paying to the County the programming costs of the AVT Equipment described in paragraph 1.2 at an amount prorated upon the number of columns devoted to the City's races on the ballot. 6.3 Results Transmission and Accumulation. The County has invested a significant amount of resources in equipment that allows the M100 Optical Scan tabulators to electronically transmit election results via wireless technology from each polling place to a central location and for those results to be accumulated and posted on the County's website. There is also a significant operational cost associated with each use of this transmission and accumulation process. 6.4 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the even-numbered years, the County will provide results transmission and accumulation of results of City races in the primary and general election at no cost to the City. 6.5 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd-numbered years, upon written request by the city, the County will perform the electronic transmission and accumulation of results of City races in the primary and general election, at a cost of$100 per polling place for the primary, and $100 per polling place for the general election. The County will not perform the electronic transmission and accumulation of votes cast in any other City elections. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes al l I P 9 P oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 7.4 No Assignment. Neither art shall assign, sublet or transfer this Agreement, g party 9 either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 No Warranty. The City agrees that the County is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by ES&S, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election and AVT Equipment. The City's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Election and/or AVT Equipment for the purposes stated herein shall be the right to terminate this agreement The County does not warrant that the Election and/or AVT Equipment will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. 7.6 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. 7.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 7.8 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. ADOPTED by the City Council of the City of Eden Prairie this 13th day of December 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: CONSENT December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. F. Community Development/ Recommendations for funding Social Housing&Human Services Services Providers for 2006/2007 Janet Jeremiah Molly Koivumaki Requested Action Move to: Approve funding recommendations made by the Human Services Review Committee for social service providers for 2006 and 2007. Background Information The Human Services Review Committee, comprised of staff from Police,Park&Rec,Human Services, Office of the City Manager and Community Development made the funding recommendations listed below based on the review of written proposals,presentations,past performance of social service providers,budget direction from the City Council, and LCTS funding cuts. Some of the agencies are also expected to experience CDBG funding cuts in 2006 (anticipated to be 9%). Program °2004/05 2006/07 HSRC Funding LCTS Funding Allocation Request Recommendations Reduction Cornerstone $22,500 $22,500 $27,500 -$5,000 PROP $26,000 $32,000 $32,000 -$10,500 Teens Alone $8,240 $8,240 $12,000 -$10,000 Storefront $10,000 $10,000 $10,000 -$9,700 $17A 909 $YMCA 28 25 000 -$5 C 000 $ 000, Meals on Wheels $3,500 $4'000 $5,000 Senior Outreach $25,624 $27,865 $27,865 Family& Children's -$10,0004 Svc. $16,380 $16,380 $16,380 HSSC $23,500 $23,727 $23,727 Family Center Plus $10,980 $13,570 $13,570 Somali Family Serv. $17,000 0 0 Somali Comm. Serv. $2,267 0 0 Evolving Needs $5,500 $5,828 $5,828 Totals $189,400 $192,110 $198,870 $50,200 Cornerstone and Teens Alone requested additional funding, if available,but were not specific in their requests. HSRC recommended an additional $5,000 for Cornerstone to make up for their entire loss of LCTS funding, since this program is considered very important to the Police Department. The estimated cost of Cornerstone services for Eden Prairie in 2004 was$72,811. HSRC recommended an additional $3760 for Teens Alone to make up for about one-third of their LCTS loss of funding. Teens Alone experienced a 49%increase in Eden Prairie clients in fiscal year 2005 (July '04-June '05)and estimates total costs for Eden Prairie of$59,950. 2HSRC recommends $3,000 less than the total requested by YMCA but an increase compared to 2005 City funding due to LCTS losses and estimated Eden Prairie program costs of about $56,000. HSRC recommends reassessing this program during 2006-2007 to determine if the same type of activities can be offered through the City Park&Rec.Department for less than $25,000. 3HSRC recommends an additional $1,000 for Meals on Wheels due to their verbal concerns about decreased donations and higher food costs due to anticipated energy and transportation cost increases. The estimated cost of services for Eden Prairie is approximately $60,000. 4Family and Children Services is receiving a$10,000 LCTS funding reduction but it does not directly impact the program funded by the City, so HSRC did not recommend any adjustment to their City funding request. 5Examples of past uses of evolving needs funds include a Somali Park Ranger and contribution to the Grant Hussey fund.The evolving needs fund is not always used but is recommended for unforeseen requests that may arise over the two year funding cycle. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 13,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIL G. Community Development/ Contract to purchase software for Human Services FamiLink from Edina School District Janet Jeremiah Molly Koivumaki Requested Action Move to: Approve contract to purchase software for FamiLink from the Edina School District for$4,000. Background Information The reorganization of the Hennepin South Services Collaborative(HSSC)resulted in the relocation of the FamiLink Resource Center, from Bloomington to the Housing and Human Services office at the Eden Prairie Center. The Resource Center is a collaborative agreement between the City and the Eden Prairie School District. The City provides the space for the Resource Center and the District provides the staff person. The relocation created a need for a new database system to track client information. The Edina School District developed a database for use in their Resource Center. They have agreed to make the database available for purchase by members of HSSC. The software will be purchased with tenant improvement funds which were allocated to the City by General Growth for the construction/operation of the Office of Housing and Human Services. Attachments Agreement AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND INDEPENDENT SCHOOL DISTRICT NO.273 THIS AGREEMENT is made this day of , between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie,Minnesota 55344 (hereinafter referred to as the "City"), and Independent School District No. 273, located at 5701 Normandale Road,Edina, Minnesota 55424-1599(hereinafter referred to as the "School District"). WITNESSETH WHEREAS,the City desires to purchase a copy of a database created by School District for the purpose of tracking and following-up with human services inquires; and WHEREAS,the School District represents that it has the professional expertise and capabilities to provide a copy of the database; and WHEREAS,the School District has agreed to sell a copy of the database, including all resource materials collected and stored on the database,to the City. NOW, THEREFORE, in consideration of the terms and conditions expressed herein,the parties agree as follows: I. DUTIES OF SCHOOL DISTRICT A. The School District shall sell a copy of the database and all resource materials collected and stored on the database(hereinafter"Database")created by School District for the not-to-exceed amount of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00). School District agrees that the City will pay School District when the City has received this executed Agreement, signed by both parties, from the School District and the Database has been accepted by the City. 1 B. The School District agrees that it will also provide the source code for the Database and the School District agrees that City shall have the right to modify the Database, at City's own cost and responsibility. C. The School District agrees that the Database was created for the purpose of tracking and following-up with human services inquires and the Database copy that is provided to the City will serve that purpose. School District has no knowledge of any hidden defects in the Database and/or source code and to the best of School District's knowledge the database and source code are fit for the purpose for which it is or they are intended. D. School District agrees that for a period of ten(10)days after the sale of the Database and source code, if the Database is not able to be installed or if the Database does not function after installation as initially represented, School District will assist the City in assessing the potential problems and possible remedies that may be related to the receipt of the Database and source code. Such assistance does not include installation of the Database and source code. E. School District agrees that the Database, as provided to the City,will not include any client information. F. School District warrants and represents that it has good title to the Database and source code and that School District has full authority to sell and transfer the Database and source code free and clear of all liens encumbrances liabilities and adverse claims of every nature and description. G. School District shall provide up to five (5)hours of user training at the hourly rate of$25.00, and School District shall be paid for such training within thirty 2 (30) days of receipt of invoice from School District, after the training has been completed. H. To the extent permitted by Minnesota law, the School District shall defend, indemnify and hold harmless the City of Eden Prairie, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the School District's (including its officials, agents or employees)performance of the duties required under this Agreement,provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of School District. I. No party to this Agreement shall be required to pay on behalf of itself and to the other party any amount as indemnification to the party, arising pursuant to this Agreement expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply,the maximum amount of insurance coverage available to the party required to pay.The limits of liability all of the parties may not be added together to increase the maximum amount of liability for any party. The intent of this section is to limit a party's obligation to indemnify the other party. In those instances in which a party is directly liable for damages as well as for indemnification to the other party,the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or 3 in the event that Minnesota Statutes Chapter 466 does not apply,the maximum amount of insurance coverage available to the liable party. J. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the School District's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. II. DUTIES OF THE CITY A. After both parties have signed this Agreement and the Database and source code have been delivered and accepted by the City, City shall pay School District the not-to-exceed amount of FOUR THOUSAND AND NO/100 DOLLARS ($ 4,000.00). Payments to School District will be made within thirty (30) days of receipt of invoice from School District. B. City shall pay School District for up to five (5)hours of user training at the hourly rate of$25.00, and City shall pay School District within thirty(30)days of receipt of invoice from School District, after the training has been completed. C. City will own and have the right to use, reproduce for internal use and apply as it desires, any data,reports, analyses and materials which are a part of the Database or source code. School District shall not be responsible for any expenses associated with such use,reproduction, application and modification. School District shall not be liable for any damages, claims, or causes of action that arise out of City's use, reproduction, application or modification of the Database and/or source code. D. City agrees that it shall not sell or market the Database or source code provided by School District. If City breaches this Agreement by selling or marketing the 4 Database or source code provided by the School District, City shall pay as liquidated damages twice the amount of this Agreement in addition to any and all other legal remedies. E. The City shall defend, indemnify and hold harmless the School District, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the City's(including its officials, agents or employees)performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the City. IV. MISCELLANEOUS A. This Agreement represents the entire Agreement between the School District and the City and supersedes and cancels any and all prior agreements or proposals,written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The City and School District will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 5 C. The City and School District agree to comply with all applicable local, state and federal laws,rules and regulations in the performance of the duties of this Agreement. D. The City and School District agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul,Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement,mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 6 IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF EDEN PRAIRIE DATED: BY: Its: Mayor DATED: BY: Its: City Manager Reviewed and approved by the City Attorney. City Attorney SCHOOL DISTRICT DATED: BY: Its: PAHomeTMommunity Dev\Familink softwareTontract.120705.doc 7 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIIL A. Sue Kotchevar, Office of the City Approve 1st Reading of an Manager/Finance Ordinance Amending the Fee Schedule for Administration of Official Controls Requested Action Move to: • Close the Public Hearing; and • Approve I"Reading of and Ordinance amending the Fee Schedule for Administration of Official Controls Synopsis This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an"Official Control"as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes,building codes and official maps. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by adding section"Fee Schedule for Administration of Official Controls." The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION Building Permit-Valuation $1 to $500 $30.00 $501 to$2,000 $30.00 1s'$500 plus $3.45 each add'1 $100 or fraction thereof,to& including $2,000 $2,001 to $25,000 $81.75 1'$2,000 plus $15.65 each add'1 $1,000 or fraction thereof,to& including $25,000 $25,001 to $50,000 $441.70 1 '$25,000 plus $11.45 each add'1 $1,000 or fraction thereof,to& including$50,000 $50,001 to $100,000 $727.95 1s'$50,000 plus $8.00 each add'1 $1,000 or fraction thereof,to& including $100,000 $100,001 to $500,000 $1,127.95 1"$100,000 plus $6.40 each add'1 $1,000 or fraction thereof,to& including $500,000 $500,001 to $1,000,000 $3,687.95 1"$500,000 plus $5.30 each add'1 $1,000 or fraction thereof,to& including $1,000,000 $1,000,001 &up $6,337.95 1s' $1,000,000 plus$4.30 each add'1 $1,000 or fraction thereof Building Permit Other Inspections&Fees Plan checking 65%of the building permit fee if SERVI CE CE FEE DESCRIPTION valuation is greater than $10,000 Reins ection $50 Per hour Demolishing or Razing $25.00 Buildings Cash Park Fee Single Family Unit $5,000.00 All other residential $4,100.00 Per unit Office, Commercial, $10,000.00 Per acre Industrial Community Develo ment Deposit 0 to 40 Acres $3,400.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $3,700.00 8 1+acres $4,220.00 Guide Plan Charge- $575.00 Plus $5.00 per acre Planned Unit $635.00 Plus $5.00 per acre Development(P.U.D) Fee Planned Unit $635.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $415.00 Plus$5.00 per_unit Residential-I I or more $530.00 Plus $5.00 per unit Commercial, Industrial, $415.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $530.00 Plus $25.00 per acre Office, Public-3.1 or more acres Site Plan Review Administrative $285.00 Site Plan Review (City Council Multi-Family-0 to 10 $405.00 Plus $5.00 per unit units Multi-Family-I I or $505.00 Plus $5.00 per unit more units Commercial, Industrial, $405.00 Plus $25.00 per acre Office, Public-0 to 3 2 SERVICE FEE DESCRIPTION acres Commercial, Industrial, $520.00 Plus $25.00 per acre Office, Public-3.1 or more acres Commercial,Industrial,Office,Public 0-3 acres $415.00 Plus $25.00 per acre 3.1 or more acres $520.00 Plus $25.00 per acre Residential 0-10 units $415.00 Plus $5.00 per unit 11 or more units $520.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in $65.00 public waters Change in structure in $65.00 public waters Multiple dock or dock $65.00 excess of 75' Zoning Amendment and Zoning Appeal Zoning amendment $210.00 Appeal to Board of Adjustments and Appeals Variances Residential $305.00 Includes residential zoned properties for new construction,building additions, decks,porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $505.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or $225.00 Fire Code A22eal Commercial Wireless Communications towers and/or antennas Administrative $250.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for Additional funds may be required if the legal/consultant costs balance in the deposit account is inadequate to pay for all of the fees and costs incurred Variances required for See Development Fees tower and/or antennas Site Plan Review See Development Fees required for tower 3 SERVICE FEE DESCRIPTION and/or antennas Environmental $300.00 Plus $5.00 acre Assessment Worksheet E.A.W. Excavation & Grading—Grading Permit Fee 101 to 1,000 cubic yards $42.00 1st 100 cubic yards, plus $20.00 for each add'1 100 cubic yards or fraction thereof 1,001 to 10,000 cubic $222.00 1st 1,000 cubic yards,plus $17.00 for yards each add'1 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $375.00 1st 10,000 cubic yards, plus $76.00 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 or more $1,059.00 1st 100,000 cubic yards,plus $42.00 for each add'1 10,000 cubic yards or fraction thereof Additional plan review $34.00* Per hour/Minimum charge is one half fees hour required by changes, additions or revisions to approve plans Inspections outside $58.00* Per hour/Minimum charge is two hours normal business hours Reins ection fee $58.00 Each Inspection for which no $58.00* Per hour/Minimum charge is one half fee is specifically hour indicated Additional plan review $58.00* Per hour/Minimum charge is one half required for changes, hour additions, or revisions to approved plans *Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision,overhead,equipment,hourly wages and fringe benefits of the employees involved. Excavation & Grading—Plan Checking Fee 101 to 1,000 cubic yards $42.00 1,001 to 10,000 cubic $57.00 yards 10,001 to 100,000 cubic $57.00 1" 10,000 cubic yards, plus $29.00 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 to 200,000 $318.00 1st 100,000 cubic yards,plus $16.00 for cubic yards each add'1 10,000 cubic yards or fraction thereof 200,001 cubic yards or $462.00 1"200,000 cubic yards, plus$8.00 for more each add'1 10,000 cubic yards or fraction 4 SERVICE FEE DESCRIPTION thereof Additional plan review $34.00 Per hour/Minimum charge is one half fees hour, required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $263.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's(for consultation, review,notice mailing,publication of notice and recording) Signs Up to 30 sq ft in size $60.00 31 sq ft through 50 sq ft $80.00 in size 51 sq ft through 80 sq ft $100.00 in size 81 sq ft or over $125.00 Charge for returning $10.00 picked up signs ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements andspecial assessment division Final Plan Review,Contract Administration,and Ins ection Review 5%multiplied by the Not applicable to projects built by city total construction cost through special assessment. Cost include public infrastructure improvements(excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $52.00 Per unit/Minimum $320.00 plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Paid prior to release of plat. Commercial,Industrial, $126.00 Per acre/Minimum $320.00 Office and Public Administrative Land $67.00 Division LGU Review Min.payment is$250. $75.00 An hour Plus cost of review by special consultants 5 SERVICE FEE DESCRIPTION necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities, plan review and/or prior to release of plat LGU Deposit-Plan Review An LGU deposit $3,000.00 agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review An LGU deposit $1,000.00 agreement is required for site review and/or wetland delineation review Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference,as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2006. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of December, 2005, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 13th day of December, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 6 CITY OF EDEN PRAIRIE. HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2005 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2005 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 13t"day of December, 2005. NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No._-2005 is lengthy and contains charts. B. The text of summary of Ordinance No.19-2005, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2005 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on December 13, 2005. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A SUMMARY OF ORDINANCE -2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMEDNING ORDINANCE 19-2005 WHICH ESTABLISHES A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS,CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by amending the fees established pursuant to Ordinance 19-2005 which established pursuant to Minnesota Statute a fee schedule for the City's costs in administering Official Controls. As also defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) I CITY COUNCIL AGENDA DATE: December 13, 2005 SECTION: Payment of Claims DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 147139- 147369 Wire Transfers City of Eden Prairie Council Check Summary 12/13/2005 Division Amount General 7,154 100 City Manager 43 101 Legislative 1,468 102 Legal Counsel 41,537 104 Contingency 30 110 City Clerk 960 111 Customer Service 536 112 Human Resources 1 113 Communication Services 6,236 114 Benefits&Training 4,082 115 Risk Management 510 116 Facilities 17,003 117 City Center 21,645 130 Assessing 58 131 Finance 44 133 Planning 601 135 Information Technology 3,739 136 Wireless Communication 2,314 137 Economic Development 436 138 Community Development Admin. -5 150 Park Administration 776 151 Park Maintenance 11,543 153 Organized Athletics 560 154 Community Center 9,438 157 Special Events 964 158 Adult Recreation 3,248 159 Recreation Administration 8,397 160 Therapeutic Recreation 40 161 Oak Point Pool 5,371 162 Arts 30 163 Outdoor Center 260 180 Police 1,351 183 Emergency Preparedness 1,223 184 Fire 1,210,295 200 Engineering 998 201 Street Maintenance 37,513 202 Street Lighting 53,261 203 Fleet Services 18,308 301 CDBG 7,722 303 Cemetary Operation 2,007 309 DWI Forfeiture 18,058 315 Economic Development 86 502 Park Development 140,693 503 Utility Improvement 18,641 509 CIP Fund 134,323 511 Construction Fund 4,040 515 Fire Station#4 1,063 601 Prairie Village Liquor 34,410 602 Den Road Liquor 52,276 603 Prairie View Liquor 31,140 605 Den Road Building 1,374 701 Water Fund 78,722 702 Sewer Fund 4,593 703 Storm Drainage Fund 11,894 803 Escrow Fund 1,237 806 SAC Agency Fund 131,950 807 Benefits Fund 5,906 Report Totals 2,152,103 City of Eden Prairie Council Check Register 12/13/2005 Check# Amount Vendor/Explanation Account Description Business Unit 147139 7,995 CHASE Miscellaneous DWI Forfeiture 147140 6 CRONSTROM'S HEATING&A/C Cash Over/Short General Fund 147141 19 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 147142 1,144,182 E-ONE Machinery&Equipment Fire 147143 41,537 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 147144 11 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 147145 315 LAMBERT,BOB Travel Expense Parks Administration 147146 40 MINNESOTA COMMERCE DEPARTMENT Prepaid Expenses General Fund 147147 159 MINNESOTA SAFETY COUNCIL Dues&Subscriptions Risk Management 147148 3,889 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 147149 217 NORTHERN TOOL Repair&Maint.Supplies Storm Drainage 147150 64 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 147151 5,906 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 147152 300 US POSTMASTER-HOPKINS Prepaid Expenses General Fund 147153 1,369 WALMART COMMUNITY Operating Supplies Ice Arena 147154 182 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow 147155 9,957 WELLS FARGO FINANCIAL ACCEPTAN Miscellaneous DWI Forfeiture 147156 47,488 ALEX AIR APPARATUS INC Machinery&Equipment Fire 147158 740 BIFFS INC Waste Disposal Park Maintenance 147159 34,469 CENTURY FENCE Contracted Striping Traffic Signs 147160 93 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 147163 3,421 GENUINE PARTS COMPANY Equipment Parts Fleet Services 147164 1,580 HOME DEPOT CREDIT SERVICES Supplies-Electrical Park Shelters 147165 253 LANZI,BOB Mileage&Parking Ice Arena 147166 99 LYNCH,MIKE Training Supplies Fire 147167 571 QWEST Telephone Telephone 147168 15 UPS Postage Fire 147169 37 VANDEN PLAS,ESTHER Program Fee Red Hat 147170 115 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 147171 117 AMERICAN INTERTRADE Repair&Maint.Supplies Prairie View Liquor Store 147172 54 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 147173 5,986 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 147174 7,350 DAY DISTRIBUTING Beer Den Road Liquor Store 147175 4,359 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 147176 6,329 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 147177 224 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 147178 376 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 147179 976 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 147180 8,571 GRIGGS COOPER&CO Liquor Den Road Liquor Store 147181 1,399 HOHENSTEINS INC Beer Prairie Village Liquor Store 147183 25,191 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 147184 9,889 MARK VII Beer Den Road Liquor Store 147185 658 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 147186 3,291 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 147187 10,158 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 147188 3,841 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 147189 10,128 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 147190 36 RACHEL MALONEY Misc Taxable Den Road Liquor Store 147191 204 SPANISH WINES IMPORTERS Wine Imported Den Road Liquor Store 147192 9,410 THORPE DISTRIBUTING Beer Den Road Liquor Store 147193 311 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 147194 2,352 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 147195 3,331 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 147196 140 WINE SOURCE INTERNATIONAL Wine Imported Prairie Village Liquor Store 147197 291 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 147198 100 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 147199 406 BCA/TRAINING&DEVELOPMENT Operating Supplies Fire 147200 160 BOLD,PAULINE Instructor Service Outdoor Center 147201 106 BRINK,PATRICK Mileage&Parking Communication Services 147202 8,151 CARDMEMBER SERVICE Operating Supplies Fire 147203 703 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 147204 110,500 HENNEPIN COUNTY TREASURER Principal Park Acquisition&Development 147205 185 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 147206 453 KJOLHAUG ENVIRONMENTAL SERVICE Deposits Escrow 147207 110 LESCO INC Landscape Materials/Supp Water System Maintenance 147208 130,631 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 147209 6,710 MINNESOTA STATE TREASURER Building Surcharge General Fund 147210 4,727 NILSSEN,BETH Instructor Service Ice Arena 147211 351 PARK NICOLLET CLINIC Other Contracted Services Risk Management 147212 359 PETTY CASH Mileage&Parking Economic Development 147213 602 SCHUBERT OUTDOOR ADVERTISING Deposits Escrow 147214 20 STATE OF MINNESOTA Operating Supplies Fleet Services 147215 147 TCM,A TIME INC COMPANY Dues&Subscriptions Fitness Center 147216 135 TIME WARNER CABLE Dues&Subscriptions City Council 147217 102 WIGHT,FREDERICK AR Utility Water Enterprise Fund 147218 61,943 XCEL ENERGY Electric Stormwater Liftstation 147219 271 YOUNG,PHIL Travel Expense City Council 147220 2,524 A P LAWN INC Contract Svcs-Lawn Maint. City Hall-CAM 147221 492 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 147222 95 ABC MINNEAPOLIS LLC Operating Supplies DWI Forfeiture 147223 589 ABLE HOSE&RUBBER INC Operating Supplies Park Maintenance 147224 32 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 147225 3,920 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 147226 3,930 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire 147227 2,342 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 147228 150 AQUA LOGIC INC Other Contracted Services Pool Maintenance 147229 1,962 ASPEN EQUIPMENT CO. Autos Water System Maintenance 147230 217 AUDIOVISUAL INC Video&Photo Supplies Communication Services 147231 3,057 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 147232 720 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Fire 147233 34 BERRY COFFEE COMPANY Equipment Repair&Maint Senior Center Operations 147234 1,061 BERTELSON OFFICE PLUS Video&Photo Supplies Water Utility-General 147235 288 BISHOP CO Landscape Materials/Supp Park Maintenance 147236 137 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 147237 133,475 BNM CONSTRUCTION INC Improvement Contracts Capital Impr./Maint.Fund 147238 4,040 BOBS LAWN&LANDSCAPING,INC Improvement Contracts Construction Fund 147239 850 BOUND TREE MEDICAL LLC Safety Supplies Fire 147240 17 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 147241 35,780 BRENT ANDERSON CONSULTING Merchandise for Resale Water Meter Reading 147242 6,635 BRIMEYER GROUP INC Other Contracted Services Water Utility-General 147243 1,310 BROCK WHITE CO Improvements to Land Park Acquisition&Development 147244 5,347 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 147245 1,555 C&C EMBROIDERY Clothing&Uniforms Fire 147246 1,146 CARDIAC SCIENCE INC Operating Supplies Fire 147247 426 CARLSON'S TREE SERVICE Other Contracted Services Tree Disease 147248 140 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 147249 68 CATCO PARTS SERVICE Equipment Parts Fleet Services 147250 242 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 147251 4,629 CENTRAIRE INC Other Contracted Services Rehab 147252 977 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 147253 1,338 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 147254 536 CORPORATE EXPRESS Office Supplies General 147255 5,707 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 147256 383 DALE GREEN COMPANY,THE Improvement Contracts Park Acquisition&Development 147257 910 DIRECT SAFETY CO Protective Clothing Water Treatment Plant 147258 14,756 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Police City Center 147259 410 DNR EMBROIDERY Awards Volleyball 147260 760 EF JOHNSON Equipment Repair&Maint Wireless Communication 147261 525 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 147262 141 ENGINEERING REPRO SYSTEMS Printing Planning 147263 1 ERGOMETRICS Employment Support Test Human Resources 147264 3,039 ESRI Other Contracted Services Water Treatment Plant 147265 246 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 147266 126 FASTSIGNS Operating Supplies Ice Arena 147267 878 FEDERAL NETWORK SERVICES INC Equipment Repair&Maint Wireless Communication 147268 28,500 FINLEY BROS INC Improvements to Land Park Acquisition&Development Check# Amount Vendor/Explanation Account Description Business Unit 147269 280 FIRE SAFETY USA INC Small Tools Fire 147270 125 FIREHOUSE MAGAZINE Prepaid Expenses General Fund 147271 32 FRONTIER PRECISION INC Operating Supplies Water Utility-General 147272 1,161 G&K SERVICES Clothing&Uniforms Fleet Services 147273 975 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 147274 197 GALLES CORPORATION Cleaning Supplies Water Treatment Plant 147275 97 GARTNER REFRIGERATION&MFG IN Repair&Maint-Ice Rink Ice Arena Maintenance 147276 2,894 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 147277 224 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 147278 240 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 147279 120 GRAINGER Supplies-HVAC City Hall-CAM 147280 410 GRAYTECH CARBONIC INC Equipment Parts Water Treatment Plant 147281 1,033 GREATAPES/MEDIAXPRESS Video&Photo Supplies Communication Services 147282 1,404 HACH COMPANY Operating Supplies Water Treatment Plant 147283 302 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 147284 222 HARMON INC. Contract Svcs-General Bldg Fire Station#1 147285 2,929 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 147286 3,850 HENNEPIN COUNTY TREASURER Other Contracted Services Storm Drainage 147287 371 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 147288 197 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 147289 8,362 HOUSE OF PRINT Printing Community Brochure 147290 6,343 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 147291 1,513 INDUSTRIAL FLOOR MAINTENANCE I Equipment Repair&Maint Fleet Services 147292 125 INFRATECH Repair&Maint.Supplies Water System Maintenance 147293 558 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 147294 617 JANEX INC Cleaning Supplies Community Center Maintenance 147295 1,510 JEFFERSON FIRE&SAFETY INC Safety Supplies Fire 147296 573 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 147297 847 KEEPERS Clothing&Uniforms Fire 147298 2,000 KENNETH COMPANIES INC Other Contracted Services Pleasant Hill Cemetary 147299 72 KLOECKNER,LINDA Advertising Community Center Admin 147300 297 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 147301 850 LAKE COUNTRY DOOR Contract Svcs-General Bldg Water Utility-General 147302 3,966 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 147303 1,065 LANO EQUIPMENT INC Other Rentals Park Maintenance 147304 22 MARS CO Equipment Parts Fleet Services 147305 508 MENARDS Repair&Maint.Supplies Sewer System Maintenance 147306 3,767 METRO FIRE Small Tools Fire 147307 307 METROPOLITAN FORD Equipment Parts Fleet Services 147308 1,380 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 147309 995 MICHIGAN STATE UNIVERSITY Conference Expense Information Technology 147310 8,859 MICRONICS Equipment Parts Water Treatment Plant 147311 3,500 MIDWEST DESIGN CO Other Contracted Services Communication Services 147312 29 MIKE'S SHOE REPAIR INC Protective Clothing Fire 147313 266 MINNESOTA CONWAY Operating Supplies Fire 147314 3,697 MINNESOTA PLAYGROUND INC Operating Supplies Park Maintenance 147315 676 MITY-LITE INC Miscellaneous Wireless Communication 147316 298 NATIONAL DIAMOND SUPPLY OF MN Equipment Parts Storm Drainage 147317 1,753 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 147318 230 NOKOMIS SHOE SHOP Clothing&Uniforms Street Maintenance 147319 273 NORTH CENTRAL LABORATORIES Operating Supplies Water Treatment Plant 147320 1,000 NORTHRIDGE EXTERIOR DESIGN INC Other Contracted Services Rehab 147321 5,814 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage 147322 290 OLSEN COMPANIES Small Tools Water System Maintenance 147323 476 OSI BATTERIES INC Operating Supplies Police 147324 926 PARROTT CONTRACTING INC Other Contracted Services Sewer System Maintenance 147325 18 PARTEK SUPPLY INC Operating Supplies Street Maintenance 147326 258 PENSKE TRUCK LEASING CO LP Other Rentals Elections 147327 1,210 PEPSI COLA COMPANY Merchandise for Resale Concessions 147328 301 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services 147329 7,016 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 147330 102 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 147331 4,043 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 147332 786 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 147333 425 RAY,LEE Other Contracted Services Basketball Check# Amount Vendor/Explanation Account Description Business Unit 147334 1,394 RED WING SHOE STORE Clothing&Uniforms Park Maintenance 147335 139 REED BUSINESS INFORMATION Legal Notices Publishing Water Treatment Plant 147336 8,474 RMR SYSTEMS INC Merchandise for Resale Water Meter Reading 147337 304 ROOT O MATIC Other Contracted Services Sewer System Maintenance 147338 115 SAVOIE SUPPLY CO INC Equipment Parts Fleet Services 147339 126 SCHARBER&SONS Equipment Parts Fleet Services 147340 18 SCIENCE KIT INC Operating Supplies Environmental Education 147341 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 147342 1,063 SIGNSOURCE Signs Fire Station#4 147343 213 SNAP-ON TOOLS Small Tools Water Treatment Plant 147344 2,684 SOFTWARE HOUSE INTERNATIONAL I Other Hardware Information Technology 147345 55 SOUND CLIPS INC Operating Supplies Fire p g PP 147346 34 SPS COMPANIES Contract Svcs-Plumbing City Center Operations 147347 1,380 ST.LOUIS PARK,CITY OF Conference Expense Engineering 147348 191 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 147349 626 SUBURBAN CHEVROLET Equipment Parts Fleet Services 147350 1,431 SUBURBAN TIRE WHOLESALE INC Equipment Parts Fleet Services 147351 250 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 147352 703 SUN NEWSPAPERS Legal Notices Publishing City Clerk 147353 1,192 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 147354 1,665 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator City Hall-CAM 147355 87 TKDA Other Contracted Services Utility Improvement Fund 147356 653 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 147357 273 TRANS ALARM INC Contract Svcs-Security Police City Center 147358 96 TRUCK UTILITIES MFG CO Equipment Parts Fleet Services 147359 2,093 TWIN CITIES TILE AND STONE Other Contracted Services Rehab 147360 77 UNIFORMS UNLIMITED Clothing&Uniforms Fire 147361 26 VIKING TROPHIES Operating Supplies Girls on the Run 147362 127 VOSS LIGHTING Supplies-Electrical Park Shelters 147363 2,215 WALL TRENDS INC Building Capital Impr./Maint.Fund 147364 2,104 WATSON CO INC,THE Merchandise for Resale Concessions 147365 3,499 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Ice Arena Maintenance 147366 136 WM MUELLER AND SONS INC Sand Snow&Ice Control 147367 42 WOLF CAMERA Video&Photo Supplies Park Maintenance 147368 119 WUOLLET BAKERY INC Operating Supplies Emergency Preparedness 147369 54 ZEP MANUFACTURING CO Supplies-General Bldg General Facilities 2,152,103 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.A. Sue Kotchevar, Office of the City Approve 2nd Reading of the Manager/Finance Amended Ordinance Updating the Fee Schedule for Administration of Official Controls Requested Action Move to: • Approve 2nd Reading of an Ordinance amending the Fee Schedule for Administration of Official Controls. Synopsis This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality prescribe fees sufficient to defray the costs incurred p t3'to p by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an"Official Control"as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes,building codes and official maps. Attachment Ordinance CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. B. Office of the City Manager Second Reading of an Ordinance Scott H.Neal Establishing the Flying Cloud Airport Scott A. Kipp Advisory Commission Requested Action • Move to approve 2nd Reading of the Ordinance Amending City Code Chapter 2 by Adding Section 2.27 Establishing the Flying Cloud Airport Advisory Commission and Adopting by Reference City Code Chapter 1 and Section 2.99 which, among other things, contain Penalty Provisions. Synopsis The 0 Reading of the ordinance was approved by the City Council on December 5,2005. Subdivision 2.A.was modified to revise the language regarding classification of the airport to read: "including: the classification of the airport under federal and state law; rules and regulations of federal and state agencies governingthe he operation of the Airport;" In addition the phrase"and such other matters as the City Council may direct from time to time" was added at the end of this section. Finally the provision regarding the setting of meetings was removed since this is covered in the general provisions covering all Boards and Commission. Pursuant to this general section the Council determines the regular meeting schedule and Boards are allowed to call special meetings. The proposed ordinance has been provided to the Metropolitan Airports Commission for review regarding cost participation, together with a request to provide written acceptance of the cost participation language. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.25-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.27 ESTABLISHING THE FLYING CLOUD AIRPORT ADVISORY COMMISSION AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 2 is amended by adding Section 2.27 entitled"Flying Cloud Airport Advisory Commission"to read as follows: Subd. 1. Establishment. The Flying Cloud Airport Advisory Commission ("Commission") is hereby established. Subd.2. Duties and Responsibilities. The Commission shall have the following duties and responsibilities: A. Advise the Council and the Metropolitan Airports Commission with regard to matters affecting the operation of the Flying Cloud Airport, including: the classification of the airport under federal and state law; rules and regulations of federal and state agencies governing the operation of the Airport;the ongoing monitoring and implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between the City of Eden Prairie,Minnesota and Metropolitan Airports Commission, dated December 2002 (Final Agreement);other noise abatement methods to reduce the impact of aircraft noise on the community; and such other matters as the City Council may direct from time to time. B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council matters affecting the use and control of the Flying Cloud Airport, includingthe Final Agreement, n hall make its recommendations to the Council and the g ,a ds Metropolitan Airports Commission upon request with regard to any proposal affecting the use or operation of Flying Cloud Airport. Subd.3. Membership.The Commission shall consist of seven(7)members. One(1) member shall represent the Metropolitan Airports Commission and shall be appointed by the Chairman of the Metropolitan Airports Commission. Six(6)members shall be appointed by the Council who shall serve at the pleasure of the Council. Two(2) members appointed by the Council shall represent the interests of the Eden Prairie business community, one of whom shall represent Flying Cloud Airport businesses, neither of whom need to be residents of Eden Prairie not withstanding Section 2.22 Subd. 3 of the City Code, and four(4)members appointed by the Council shall represent the community's interest, all of whom shall be residents of Eden Prairie. Subd.4.Cost Participation. Fifty percent(50%)of the financial costs associated with the operation,staffing and other duties of the Flying Cloud Airport Advisory Commission shall be provided by the Metropolitan Airports Commission. Section 2. 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 3. 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 5t'day of December, 2005, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 13t'day of December, 2005. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of 92005. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. -2005 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO.25-2005 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 25-2005 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 13t'day of December,2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 25-2005 is lengthy. B. The text of summary of Ordinance 25-2005, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 25-2005 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20)days after said publication. ADOPTED by the City Council on December 13, 2005. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta, Clerk EXHIBIT A SUMMARY OF ORDINANCE 25-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.27 ESTABLISHING THE FLYING CLOUD AIRPORT ADVISORY COMMISSION AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance 25-2005. The full text is available for public inspection by any person during regular business hours at the office of the City Clerk. Summary: City Code Section 2.27 entitled, "Flying Cloud Airport Advisory Commission" provides for the establishment of the Flying Cloud Airport Advisory Commission. The Flying Cloud Airport Advisory Commission is to provide the City Council with advice on matters affecting the operation of the Flying Cloud Airport. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: December 13,2005 SECTION: Reports of Officers DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. B. 1. Sue Kotchevar, Office of the Resolution Certifying the 2006 Property City Manager/Finance Tax Levy, adopting the 2006 Budget, and Consenting and Approving the 2006 HRA tax levy. Requested Action Move to: • Adopt a resolution certifying the 2006 Property Tax levy to be$29,097,860; • Approve the 2006 Budget of$37,098,552 as reviewed by the Council • Consent and approve the HRA tax levy of$200,000. Synopsis On September 6, 2005, the Eden Prairie City Council adopted a resolution certifying the proposed 2006 City property tax levy. Calculations for the City showed the certified levy to be $28,978,845. Since the preliminary levy was adopted the following changes have been made to the tax levy: Reduction of Expenditures $ (200,000) Use of Budget Stabilization Fund (215,000) Reduce CIP Levy (252,709) Reduce Debt Levy for Fire Station#4 (290,000) Increase Levy for Park Referendum 1,076,724 Total $119,015 This total changes the total levy to $29,097,860. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution of($1,284,921). Accordingly, the City's resolution shows a net levy of$27,812,939. According to state statute,the final levy amount must be certified to the county auditor by December 28, 2005. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION CERTIFYING THE 2006 TAX LEVY AND ADOPTING THE 2006 BUDGET WHEREAS,the City Council has reviewed the budget recommended by the City Manager,listened to public comment, and discussed the proposals and tax levy for the 2006 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be levied against tax capacity General Fund $24,457,744 Equipment Revolving Fund 639,392 Capital Improvements 1,000,000 Bonds and Interest 2005A Special Assessment Bond 109,000 2004 Building Refunding Bond 195,000 2000A Public Facility Bonds 330,000 2002 Public Facility Bonds 210,000 2002 Equipment Certificates 195,000 2004 Equipment Certificates 250,000 Net tax capacity levy for certification $27,386,136 Less Fiscal Disparities distribution 1,284,921 Net tax collectible in 2005 $26,101,215 Taxes to be levied against market value 2003A Refunding Park Bonds $ 425,000 2003C Refunding Open Space Bonds 210,000 2005C Park Bonds 249,975 2006A Park Bonds 826,749 Market value tax levy for certification $ 1,711,724 Total net tax collectible in 2005 $27,812,939 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required(as shown in Exhibit 1). BE IT FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and Budget Hearing process,the City Council approves the 2006 Budget totaling$37,098,552. BE IT FURTHER RESOLVED that the council consents and approves the 2006 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 13th day of December, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2005,COLLECTED YEAR 2006 EXHIBIT 1 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2005/2006 G.O.Public Facility Revenue Bonds 2000A 12/01/00 $3,390,000 $342,825 G.O.Public Facility 2002 02/01/02 $1,000,000 $217,350 G.O.Equipment Certificates 2002 03/01/02 $890,000 $202,317 G.O.Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $164,315 G.O.Refunding Park Bonds 2003A 02/19/03 $3,185,000 $442,982 G.O.Public Facility Building Refunding Bonds 2004A 01/15/04 $745,000 $199,713 G.O.Equipment Certificates 2004B 12/29/04 $1,137,000 $259,246 G.O.Permanent Improvement Revoling Fund Bonds 2005A 07/01/05 $2,390,000 $113,860 G.O.Park Bonds 2005C 12/02/05 $4,920,000 $249,975 G.O.Park Bonds 2006A 01/01/06 $8,425,000 $826,749 GRAND TOTAL $ 3,019,332 Actual Levy* 2005/2006 $330,000 $210,000 $195,000 $210,000 $425,000 $195,000 $250,000 $109,000 $249,975 $826,749 $3,000,724 CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2002,COLLECTED YEAR 2003 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy* OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2002/2003 2001/2002 G.O.Park Bonds 1992A 07/01/92 $1,100,000 $95,888 $100,000 G.O.Park Bonds 1993A 05/01/93 $3,400,000 $327,512 $345,000 G.O.Open Space Bonds 1994A 08/01/94 $1,950,000 $168,571 $178,000 G.O.Building Refunding Bonds 1995 06/01/95 $1,680,000 $204,239 $215,000 G.O.Public Facility Revenue Bonds 2000A 12/01/00 $3,390,000 $329,000 $346,000 G.O.Improvement Refunding Bonds 1997B 06/09/97 $2,845,000 $355,500 G.O.Improvement Refunding Bonds 1995 06/01/95 $3,255,000 $358,880 $500,000 G.O.Public Facility 2002 02/01/02 $1,000,000 $224,000 $231,000 G.O.Equipment Certificates 2002 03/01/02 $890,000 $192,655 $150,000 OUTSTANDING DEBT WITH NO REQUIRED LEVY H.R.A.Lease Revenue Bonds 1993A 05/01/93 $1,415,000 G.O.Water and Sewer Refunding 1991C 09/01/91 $9,500,000 G.O.Water and Sewer Revenue Refunding 1991F 10/01/91 $3,125,000 G.O.Water and Sewer Refunding Bonds 1993C 05/01/93 $6,735,000 G.O.Water and Sewer Revenue 1998A 04/21/98 $7,950,727 G.O.Improvement Bonds 1993B 05/01/93 $2,695,000 H.R.A.Lease Revenue Bonds 2002A 2/5/2002 $8,030,000 GRAND TOTAL $ 2.256,245 $2,065,000 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. 1. Robert A. Lambert, Director Prioritizing Parcels for Acquisition Parks and Recreation Requested Action Move to: Authorize City staff to prepare a memorandum listing the parcels projected to be eventually acquired by the City for the park and open space system, listing the status of these parcels for the purpose of prioritizing parcels for acquisition; and furthermore,to authorize staff to negotiate with the property owners at 9291 Riley Lake Road and the Picha property to determine the lowest possible price for those parcels at this time. Synopsis At the November 21 meeting,the Parks, Recreation and Natural Resources Commission requested City staff to provide the Commission and the City Council with a list of parcels proposed for future acquisition and the status of those parcels. The Commission also requested City staff to discuss current price of parcels that are known to be for sale at this time, including the Picha property and the property at 9291 Riley Lake Road. The Commission believes that it is prudent to attempt to acquire any highly ranked parcel at the time the parcel is for sale, provided the Commission and the Council believe the cost of those properties warrant the investment of the asking price. Background Todd Jackson,the individual who purchased the property at 9291 Riley Lake Road earlier this year, has decided to put the property back on the market. Prior to doing so he is asking the City of Eden Prairie if the City has an interest in acquiring the property. Terry Picha,part owner of the four acre parcel adjacent to Birch Island Woods, is also interested in the City making a decision on the acquisition of that four acre site. Attached to this memorandum is a list of the parcels projected to be eventually acquired for the Eden Prairie park and trail system; as well as the status of the property, including ownership and the method of anticipated acquisition. Attachments Parcels for Acquisition November 18, 2005, email from Todd Jackson Map of lot location Park Land Acquisition Needs Identified Winter 2005 -2006 Parcel Location Approximate Method of # Acreage Acquisition 1 Rice Marsh Lake Trail a. MNDOT trail easement—Seneca Pointe connection 500' 1.2 Dedication/donation b. MNDOT trail easement—south&east of lake; 6.03 Dedication/donation 60'wide trail easement C. MNDOT property—excess ROW north of Hwy 312 42.91 Dedication/donation d. MNDOT property—excess ROW south of Hwy 312 11.74 Dedication/donation 2 Purgatory Creek Trail a. MNDOT trail easement—north of creek 60'trail easement 1.22 Dedication/donation b. MNDOT trail easement—E&W of Hwy 212, .67 Dedication/donation 60'trail easement 3 Riley Creek Valley Trail a. Laseski property—east of creek 4.25 Dedication/donation b. Berg property—south of creek 1.18 Dedication/donation C. Marshall property—both sides of creek 2.21 Dedication/donation d. Doyle property—north of creek 3.74 Acquisition/donation e. Barker property—north of creek 1.53 Acquisition 4 Purgatory Creek/Minnesota River Trail a. Phillipi property—acquisition 8.94 Acquisition/dedication b. Clarke property—acquisition 3.89 Dedication C. Fowler property—acquisition 10.92 Acquisition d. Fowler property—easement .17 Acquisition 5 Birch Island Woods a. Picha property 4.04 Acquisition 6 Edenvale Conservation Area(Former Anderson property) a. Grey Fox Bluff 15.58 Dedication/donation 60'trail easement 1.92 Dedication/donation b. Edenvale Highlands outlot A-to be deeded 2.95 N/A C. Bluffs at Purgatory Creek-outlot A—City 8.67 N/A 7 Riley Lake Park a. Shuldheiss Family property—9P of lakeshore 20,296 sq ft Acquisition b. Ernie Shuldheiss property—60'of lakeshore 18,126 sq ft Acquisition 8 Mitchell Lake Marsh a. MNDOT property—SE area north of Hwy 5 20.35 Dedication/donation 9 Lake Idlewild a. Rosemount Park on west side of Lake Idlewild 5 Dedication/donation/ acquisition 10 Highway 212 Underpass/Riverview Road Trail Highway 212/Charleson Road underpass&trail easement to Riverview Road a. U.S.F.W.S easement to Riverview Road ? Acquisition/dedication Will require funds to construct retaining wall 11 Riverview Road Trail a. Hustad Property(around washout) ? Dedication/donation G:\Brenda\Letter&MernosTambert 2005\Memo\Park Land Acquisition Needs-winter 2005-2006.doc Updated 12/7/05 Page 1 of 1 Robert Lambert From: Todd Jackson[tjackson@elliottaviation.com] Sent: Friday, November 18, 2005 1:45 PM To: Robert Lambert Subject: 9291 Riley Lake Road Mr. Lambert, i 1 am writing to let you know of our intentions to sell the property located at 9291 Riley Lake Road. The purpose of this letter is to ask you if the City of Eden Prairie has any interest in purchasing the property from us. i Our intentions are to list the property with a real estate agent around January 1,2006. If the city has any interest please feel free to e-mail or call me anytime to discuss the level of interest the city has. I have attached the appraisal from last year when we purchased the property for you to review in helping make a decision. Our ask price to the City of Eden Prairie is$425,000 and we are willing to discuss any offers the city would like to make. i Thanks for your consideration. i Best Regards, i Todd Jackson Aircraft Sales Elliott Aviation of Eden Prairie, MN tjackson elliottaviation.com Phone Operator 952-944-1200 Direct 952-947-4075 Ext 4225 Fax 952-944-0186 www.elliottaviation.com 11/18/2005 _._, �17j, i; t. .'' � e � ,�� �� ,Fa}� ZFta y���t< r r "�'3" ice,( .: .rarl��r • . >7)t � , f � t SpY_.. ., pp" .B! Ifir� f-t1 r1f�•v ! �•�� �� �. C`i,' 3.ur a 3t :t I` .w. i x n rz rt� •+"r a+ � ' t:, z �f r r e t fw t o e R a mtrt° *�.� �Ilr, e��i%� C �x •'n� � r,•� r is ,++k',� "1 J �� � ' } �q & ;c ;. ��,,' 'fit J`� �,i✓'i� C`J.r ,.�e� , 4 9 r k. r 3�� fs�� art �.�� � o �•; yt r .�, ,st, �'t r�+ .; rr ✓'a ! s� s+ v�.;,.. r� ^R�i'�"�". " ��+'',� �' t i:?�'� �t1 e f„�c: Ae,�.ya, tea, ,r rF y� P• Sr�,"�'��� � ' Yr �i f 14 x• t XS,""•1 r z +:F f+t' fps-c} a tst r tt,:r3'(t 5i sps � s'} r� � t f r� ,fit J 1 ti r r r•�Y w) a'* `r r :;ate s �.. : '( •�3+j Y'r':i P ':ft '�� � � ai rF�9 et ��'•`i '� �t ��� - + r �°Afj�� r��i4k 5 i�_Lf .�J � f s r .. Jowl. NORTH 12-03-04 scale: V = 100' CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director December 13, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. 2. Robert A. Lambert, Director Park Sign Designs Parks and Recreation Requested Action Move to: Approve park sign design_to replace existing park signs throughout the City. Synopsis Since the City has changed the logo, staff is requesting authorization to replace park and recreation facility signs throughout the City to reflect the City's new logo. Staff anticipates that 4'x 8' signs will be placed at community parks or at a high use facility such as the Senior Center or Community Center;whereas signs in our neighborhood parks would be 3'x 6'and signs at mini-parks would be 3'x 5'. Staff anticipates there will be seven to eight 8' high signs;thirty-five 6'high signs and eleven 5'high signs. Staff estimates this entire project, which includes removal of existing signs, acquisition and installation of the new signs for the park system will cost approximately$180,000. Staff has budgeted for this project to be completed in 2006. The Arts and Culture Commission reviewed the submitted sign designs and have recommended sign design J. The Parks,Recreation and Natural Resources Commission reviewed the sign designs and recommended sign design F.The Parks, Recreation and Natural Resources Commission requested that the background behind the facility location letters be a dark green, and that the words"Live• Work•Dream"be included under the words Eden Prairie. It was also suggested that if sign design J was selected that the Eden Prairie logo fill in the entire space in the lower one-third of the sign. Background City staff requested four different sign companies to prepare at least three different designs for the City to consider.The sign companies were told that the City would select a sign design and then bid it. If their company was not the low bid,they would be reimbursed the cost for their design. Only two companies agreed to spend the time to provide designs. Sign Source has provided ten designs and Signation has provided three designs. Park Sign Designs December 13, 2005 Page 2 The sign companies were requested to provide a sign that would include an address,the name of the park, and somehow incorporate the Eden Prairie logo, or portions of that logo so that it was clear that it was a City of Eden Prairie property. Staff requested a vertically designed sign as our existing horizontally designed signs are often half covered with snow during the winter months. Staff has also requested that the address and the name of the park be designed to provide reflective letters and numbers so emergency vehicles are able to find these locations at night. Once the City Council has decided on a design, staff will develop plans and specifications based on the selected design and bid for installation of these signs in the spring of 2006. Funding for this project comes from park dedication fees. Attachments 1. Park Sign Design A 2. Park Sign Design B 3. Park Sign Design C 4. Park Sign Design D 5. Park Sign Design E 6. Park Sign Design F 7. Park Sign Design G&H 8. Park Sign Design I&J 9. Park Sign Design 1 10. Park Sign Design 2 11. Park Sign Design 3